Terms & Policies
Terms & Policies
You, the undersigned Buyer (individually, if you are the Member, and/or as agent or guardian of the Member or responsible party), that you are purchasing a membership from Fitness For $10 according to the terms of this Membership Agreement, the current Membership Policies, the Club Rules and Regulations (“Agreement”).
• Annual Club Improvement Fee - I/we agree to pay $________ on or about _______ and each year thereafter the I/we remain a member(s).
• All Membership Fees are Subject to Applicable State Sales Tax
• *Employee Service Fee This surcharge is with the explicit and sole intent to provide benefits for our employees. While many clubs use tips and other means to collect these funds, we believe this small surcharge is the best means to take care of the people who provide customer service to you our member(s). Their commitment to “World Class Service” is what we want to sustain to ensure you an excellent experience at Fitness For $10.
• Your membership is subject to an increase by as much as 10% per year
• The Monthly Dues Membership will be billed each month through Electronic Funds Transfer (EFT*) and will appear as ABC Financial Services, Inc. Fixed term agreements will continue as month-to-month memberships after the expiration date unless written cancellation is received 30 days prior to the expiration date. In addition to the grounds for termination as provided herein, you may terminate monthly dues membership agreements at any time if you give a 60 day written notice. Written notice may be sent by a certified letter or by email to: Cancellations@Fit4-10. com. Once 60-day written notice (only applies to month-to-month memberships) is received you will be billed for two months of membership dues. Any prepaid dues or dues processed prior to your effective date of cancellation are non-refundable. Members are responsible for any back dues, late fees, billing decline fees and bank charges prior to cancellation." Initial _____
Default and Late Payments: I understand that I have signed hereunder a contract/note which may be processed and collected by a third party and that any future involvement I may have regarding the billing of this contract will be submitted directly in writing at the address listed on this document or such address and/or phone number that is provided to me. My failure to regularly attend and utilize any or all of the facilities does not relieve me of my obligation to pay the installment note in full, regardless of the circumstances. I understand that, except as herein provided,my membership is cancellable with a 60 day written notice. Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late.
A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. If the Member is paying monthly dues by electronic funds transfer (EFT), the club’s billing company, ABC Financial Services, Inc., reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law. NOTE: Members paying monthly dues by E.F.T. are subject to $10.00 per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement.
You (referred to below as “You” or “you”) have agreed to purchase a membership at Fitness For $10 Brandon (the “Club”) that allows you access at any time under certain conditions. As such, you are aware that during certain hours, there will be no supervision or assistance available. You are also aware that if you are injured, become unconscious, suffer a stroke or heart attack, that there will likely be no one to respond to your emergency and the Club has no duty to provide assistance to you during off hours.
Even though the Club is equipped with surveillance cameras, it is likely that should you require immediate assistance, none will be provided. We highly recommend that you have a workout partner accompany you while at the Club, but it is entirely up to you. Because physical exercise can be strenuous and subject to risk of serious injury, the Club urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity, or use any Club amenity on the premises or off premises including any sponsored club event, you do so entirely at your own risk. You agree that you are voluntarily participating in the use of the Club and assume all risks of injury, illness or death. The Club also is not responsible for any loss of your personal property. Initial _________
This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of; (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment and (c) your slipping and/or falling while in the Club, or on the Club premises, including adjacent sidewalks and parking areas. You represent (a) that you are in good physical condition and have no disability, illness or other condition that could prevent you from exercising without injury or impairment of health. Such risk of injury includes (but is not limited to): injuries arising from use by you or others of exercise equipment and machines; injuries arising from participation by you or others in supervised or unsupervised activities or programs at the Club; injuries and medical disorders arising from exercising at the Club such as heart attacks, strokes, heat stress, sprains, broken bones and torn muscles and ligaments among others; and accidental injuries occurring anywhere in Club dressing rooms, showers and other facilities. You further expressly agree that this entire Waiver and Release Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance of the Waiver and Release Agreement shall continue in full force and effect. Member has read this release and waiver of liability and the indemnity clause and agrees that no oral representations, statements or inducement apart from this have been made. Initial _________
Tanning Liability Release: Precautions: A) A person who uses a tanning device in this tanning facility must use eye protection. B) If eye protection is not worn, use of tanning device may cause damage to the eyes. C) Overexposure to the ultraviolet radiation produced by a tanning device may cause irritation to skin or bums. D) Repeated exposure to the ultraviolet radiation may cause premature aging of the skin, and skin cancer. E) Abnormal skin sensitivity to ultraviolet radiation or burning may be caused by certain foods, cosmetics, or medication, including the following: Tranquilizers, Diuretics, Antibiotics, High blood pressure medications, Birth control medications, and other photosensitizing agents. F) An individual who is taking a prescription drug over-the-counter drug should consult a physician before using a tanning device. G) A person who is less than (18) years of age may not use a tanning device unless the parent or guardian has signed the written statement and Release of Liability. I agree that I will comply with all instructions of the use of the UV system and that I am using these devices at my own risk. You agree to hold harmless Fitness For $10 and its employees and agents for any injury to persons or property in any way by the use of its tanning facilities and services. You acknowledge that you have carefully read this entire “Waiver and Release Agreement” and fully understand that it is a release of liability. You, and you on behalf of your personal representatives, assigns, heirs, and next of kin, release the Club for any loss or damage and forever give up any claim or demands therefore on account of injury to your personal property, including injury leading to your death, whether caused by the active or passive negligence of the Club or otherwise to the fullest extent permitted by law while you are in the Club, upon or about the premises or using any Club facilities, services or equipment. You expressly agree to release and discharge the Club, and all affiliates, employees, agents, representatives, successors, or assigns of the Club, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Club for negligence, personal injury or property damage. Initial _________
Notice To Purchaser: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES
SIGNATURE BY MEMBER By signing this membership agreement I am acknowledging that I have read, understand and agree to this entire Waiver and Release Agreement.
Within 3 days after the date of the agreement, excluding weekends or holidays. Such cancellation must be in writing and sent certified mail to Fitness For $10 at the address above. If mailed, such cancellation must be postmarked by the aforementioned time. A refund shall be issued within 30 days after receipt of the notice of cancellation made within a 3 day provision. Buyer’s Rights in Event of Death or Disability: If you die or become physically unable to avail yourself of a substantial portion of those services which were used from the commencement of the contract and acceptable written proof of such death or physical disability (a physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under Chapter 458, 459, 460 or Chapter 461, Florida Statutes, provided the diagnosis or treatment is within the physician’s scope of practice) is received by certified mail by Fitness For $10 at the address above, you or your estate shall be relieved from the obligation of making payment for training, other than that received prior to death or the onset of disability, and that if you have prepaid any sum for training, that amount shall be promptly refunded. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph. You may cancel the contract if Fitness For $10 goes out of business and fails to provide equal facilities at no additional cost within 5 driving miles of, or if its facilities move more than 5 miles driving from, the address in which you enrolled, upon written notice by you (with refund of this contract in an amount computed by dividing the total price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term); within 30 days. Such a notice of cancellation from you shall also terminate automatically your obligation to any entity to whom the health studio has subrogated or assigned your contract. If the health studio (the Club) wishes to enforce such contract after receipt of such showing, it may request the Department to determine the sufficiency of the showing. The business location of a health studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises: (A) Upon sale, for not more than 14 days; or (B) By the current ownership, for not more than 7 consecutive days and not more than 2 period of 7 consecutive days in any calendar year. You shall contact the Florida Department of Agriculture and Consumer Services within 60 days if Fitness For $10 goes out of business. If the Department determines that a refund is due to you, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of Fitness For $10 shall not be deemed out of business when temporarily closed for repair and renovation of the premises: (A) Upon sale, for not more than 14 consecutive days; or (B) By the current ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year. A refund shall be issued within 30 days after receipt of the notice of cancellation.
Tax: Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.
Contact: Member affirms, acknowledges and attests that Member’s mailing address, telephone number, and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that Fitness For $10 and ABC Financial Services, Inc., including its agents and affiliates, may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to Fitness For $10 and/or ABC Financial Services, Inc.
Notice: Any holder of this consumer contract is subject to all claims and defenses which the debtor could assert against the seller of goods for services obtained pursuant hereto or with proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor or hereunder.
Freezing Membership: Any active membership in good standing may be placed on an inactive status (frozen). If it is a Monthly Dues Membership, the member must give Fitness For $10 written notice 30 days prior to the next billing date, and during the frozen period, the member will be billed at a reduced rate of $10.00 per month or 50% of mo. dues, whichever is less. If it is a Paid In Full membership, upon written notice by the member and payment of a $10.00 monthly fee, the membership may be frozen for a maximum of 6 months. Fitness For $10 May Assign This Agreement, including Member’s payment obligation herein. Any EFT Membership may be transferred by Member to anyone over 18 years of age provided that all payments under the Agreement are current at the time of transfer. The new Member (transferee) must sign a new agreement and pay Fitness For $10 a fee of $39.00 plus sales tax. Member/Buyer acknowledges that member/buyer has read the terms and conditions set forth herein and accepts this agreement as a legal and binding contract Member/Buyer is of legal age and capacity and is willfully entering into this agreement.
Membership Upgrade/Downgrade: A Member may upgrade or downgrade his/her membership under the Agreement provided that account is current at the time. The Member must sign a new agreement and pay Fitness For $10 a fee of $39.00 plus sales tax.
Cancellability and Transferability: This membership is not negotiable, transferable or cancelable except as otherwise provided herein.
Jurisdiction: To the full extent permissible by law, for purposes of any dispute arising out of this agreement, all parties hereto agree to submit to the sold and exclusive jurisdiction of the State of Florida and to the application of Florida law.
Entire Agreement: The member and Fitness For $10 Brandon acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except in written form executed by both parties.
CLUB RULES, REGULATIONS, CONDITIONS AND PROVISIONS
• Membership is a privilege and will carry no right of participation in management orcontrol of the finances of FITNESS FOR $10.
• FITNESS FOR $10 is not obligated to repurchase any memberships. No refunds for any prepaid dues, services or programs.
• Memberships may not be advertised publicly for sale using any form of media inside or outside the club.
• Failure to utilize FITNESS FOR $10 facilities does not relieve the member of the financial obligation to pay for this membership.
• FITNESS FOR $10 reserves the right to discontinue any membership, program, service or amenity at anytime.
• MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERS or guests and any acts, which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER’s membership shall be subject to immediate cancellation.
• Rules and regulations as set forth are part of the Membership Agreement and member is obligated to observe and comply with them. FITNESS FOR $10 may at its sole discretion make changes from time to time. Said changes shall be posted on the premises.
• Hours: Facility hours of operation are subject to change without notice. Holidays, special occasions or extraordinary maintenance are the discretion of management.
• Members may use FITNESS FOR $10 facilities up to a 2-hour time limit during a 24-hour period.
• No loitering is permitted.
• No solicitation of any kind is permitted upon Fitness For $10 premises unless preapproved by management.
• All members, upon entering FITNESS FOR $10 are required to present membership Key Card at the front desk each time they use the club. Lost membership key card replacement charge is $5.00. A member can be manually entered into the system no more than three (3) times, then must purchase replacement key card.
• Guests are welcome and must be registered and fees paid at the reception desk. All Guests - Must be 18 years or 12 years with parent. Must be a local qualified resident. ID required. First time visitors only. Terms and Conditions apply, see club for details. Redemption of a guest pass or signing of a guest register or membership agreement at one of our fitness locations may be deemed written permission and consent for future telephone and/or email contact by Fitness For $10 for solicitation purposes regardless of whether or not I am listed on the “National Do Not Call Registry”. We will not sell your information to a third party, however it may be used for marketing purposes through associated vendors etc.
• All members and guests must wear workout attire, including shoes, (no flip flops, sandals, open or toed shoes (Vibram Five Fingered Shoes), work boots, work clothes, jeans, cut off jeans or pants with zippers, rivets, buckles or buttons will be permitted), or any other attire that is considered a violation of dress code by Fitness For $10 management.
• All members are required to bring their own towel and wipe sweat off all equipment after use.
• All members are required to maintain proper personal hygiene: i.e. excessive perfumes/ cologne, offensive body odors including clothing and accessories is strictly prohibited and enforced.
• Members are required to return all accessories, weights, dumbbells, medicine balls, exercise balls, jump ropes, ladders, cones etc…to proper racks.
• Be courteous to other members and do not monopolize equipment, “Please Share”.
• No dropping weights, dumbbells or equipment of any kind.
• Do not put weight plates on the floor, against the wall, glass or equipment.
• No chalk or Rosin.
• No gym bags on the workout floor.
• MEMBER agrees that MEMBER shall not use loud or profane language upon the club premises nor shall MEMBER molest, badger, assault or harass other CLUB Members, guests or employees. If MEMBER engages in such behavior, MEMBER’s membership shall be subject to immediate termination without refund.
• No consumption of alcoholic beverages on the premises or prior to exercise.
• MEMBER understands that the club prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the CLUB premises. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids or other illegal drugs and no such activity is allowed upon CLUB premises.
• NO smoking or tobacco products (chewing tobacco, snuff or dipping) on or within 100 yards of Fitness For $10 facilities.
• No oil spraying in tanning areas.
• No open drinks on the workout floor. (Protein shakes, energy drinks, etc… must be in a closed container with a lid or cap fastened). No milk jugs are permitted at FF10.
• Damage to or maintenance of the facilities: Should the facility be unavailable for member’s use due to damage by fire, act of God, catastrophe, accident, construction or extraordinary maintenance, the membership term for each member shall be extended for a period of time equal to the time of such unavailability.
• The club reserves the right to refuse admittance and usage of the facilities at any time for members or non-members.
• Retention Of Dues To Cover Damages: In the event a Member, through negligence or willfulness, damages any of the facilities, FITNESS FOR $10 may terminate the membership and retain as much of the prepaid sum as is allocable to services he has taken to cover damages caused by the Member. The membership fee shall not be refundable or applicable to cover damages. This provision does not in any way preclude FITNESS FOR $10 from seeking damages beyond the amount of the prepaid sum, nor is FITNESS FOR $10 precluded from seeking damages without terminating membership.
• Default In Fee Obligation: All monthly dues obligations are due and payable each month. If dues become delinquent, use of FITNESS FOR $10 facilities will be suspended immediately. If dues become 30-days delinquent, member will be automatically terminated. The unpaid balance of the initial term including 60-day cancellation and annual fee requirement will become due and payable. Annual fees will not be pro-rated. The member will also be responsible for reasonable attorney fees for collection of a delinquent account.
• Any member or (member’s guests) in violation of the facility rules, regulations, conditions or provisions of membership herein contained or posted on FITNESS FOR $10 premises, FITNESS FOR $10 may suspend and/or terminate and/or revoke their membership immediately. If the terminated member has prepaid any sum for services, all funds will be forfeited without refund.
Member Guest Privilege Rules
• All guests must be accompanied by a “Premier or Platinum Member” at time of visit. Member must stay on premises while guest uses club. (Guests must enter and exit premises with member).
• All guests must have valid photo identification to enter the facility; management will hold guests I.D. during the visit and return upon departure.
• Economy Members may bring guests at a reduced rate of $10/visit. All Guests that paid guest fee have to leave when the Primary facility closes. They cannot utilize the facilities during extended business hours. (24 Hour access)
• All guests must be at least 18 years of age. Guests (10 – 17 yrs. old) must be accompanied by their “Parent with a Premier or Platinum Membership or pay a guest fee. Guests and members 12-14 years of age are not permitted in the Advanced Training Area (24 hr. area), unless, accompanied by their parent. No one under the age of 12 is permitted in the Advanced Training Area (24hr. area).
• Guests are entitled to “Gym Access Only”.
• Guests are “not” eligible to Tan.
• One guest per day “Except for Platinum Members” - (2) Guests per day.
• Guest hours begin each day at 9 a.m. and end One (1) hour prior to the club’s normal closing hours.
• Absolutely no guest privileges during 24 hour access. Violators will be subject to prosecution due to “Theft of Services” and membership will be terminated. By tendering your membership agreement with FITNESS FOR $10, the person whose signature appears on the membership agreement agrees to abide by all the Rules, Regulations, Conditions and Provisions now in effect and those that become effective at any future date.