Auto Renewal Program
Provided that the MEMBER is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew at the rate of the original agreement. Renewal terms may be cancelled at any time provided a 30-days written notice is delivered to the FITNESS FACILITY’S address or their designated billing company. It is also understood that the FITNESS FACILITY has the option to increase monthly renewal dues without notice during any renewal period.
State of Florida - Department of Consumer Services -- Policies
Buyer may cancel this agreement penalty-free within 3 days, exclusive of holidays and weekends, upon mailing or delivery of written notice to the FITNESS FACILITY. A refund of monies paid shall be issued within 30 days after the receipt of notice made within the 3 day provision.
Buyer may cancel this agreement and may be due a refund of prepaid monies for future services if the club goes out of business, or moves its facilities more than five driving miles from the business location designated in this contract and fails to provide, within 30 days, a facility of equal quality located within 5 driving miles of business location designated in this contract at no additional cost to the buyer.
Buyer may cancel this contract if the buyer dies or becomes physically unable to avail himself/herself of a substantial portion of those services used from the commencement of the contract until the time of disability. In the event the buyer has pre-paid any membership dues in advance, a refund shall be computed by dividing the agreement price by the number of weeks remaining in the agreement term. A buyer or buyers estate wishing to cancel this contract under this paragraph must provide proof of death or disability. A physical disability sufficient to warrant cancelation of the agreement by the buyer shall be established if the buyer furnishes to the FITNESS FACILITY a certification of such disability by a physician licensed under chapter 458, 459, 460, or 461 provided the diagnosis or treatment is within the physicians' scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.
Buyer may cancel membership if he/she moves more than fifteen (15) driving miles from after joining FITNESS FACILITY. If a member joins and lives more than fifteen (15) driving miles from FITNESS FACILITY, member forfeits right to cancel membership due to fifteen (15) driving mile distance.
Notice of intent to cancel this agreement in accordance with the policies above shall be provided by the buyer to the FITNESS FACILITY in writing. Such a notice of cancellation shall also terminate automatically the buyers obligation to any entity to who the club has subrogated or assigned the buyers agreement. If the FITNESS FACILITY wishes to enforce the agreement after the receipt of such showing, the FITNESS FACILITY may request The Florida Department of Consumer Services to determine the sufficiency of such showing.
In the event that the buyer has pre-paid any membership dues in advance and The Department of Consumer Services determines that a refund is due the buyer in accordance with the above policies, the refund shall e an amount computed by dividing the contract price by the number of weeks remaining in the contract term. The business location shall not be deemed out of business when temporarily closed for repair or renovation of the premises: (1) upon sale for not more than 14 consecutive days; or (2) during ownership, for not more than 7 consecutive days and not more than 2 periods of seven consecutive days in a calendar year. A refund shall be issued within 30 days after receipt of the notice of cancellation pursuant to this paragraph.
Buyer should contact The Department of Consumer Services for information within 60 days should the FITNESS FACILITY go out of business.
If the FITNESS FACILITY requires buyer to furnish membership identification as a condition of using the facility, such identification shall be provided by buyer to this facility.
This agreement will not be for a period in excess of 36 months.
Any payments prior to cancellation taking effect will still bue due and payable. Your account must be current before any cancellation will take effect. To cancel for any of the above reasons, send or deliver a written notice to the FITNESS FACILITY.
ADDITIONAL TERMS AND CONDITIONS
DEFAULT AND LATE PAYMENTS. Should you default on any payment obligation as called for in this agreement, the FITNESS FACILITY 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 (10) days late. Should any monthly payment become more than ten (10) days past due, you are subject to a late fee. An additional service fee may be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason.
SALES TAX. Notwithstanding any other provision of this agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rate and to the extent such rates should increase during your membership, the FITNESS FACILITY 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.
RIGHT TO CHANGE DESIGNATED BILLING COMPANY. The FITNESS FACILITY reserves the right to hire a Designated Billing Company and/or change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and you agree to authorize a new Designated Billing Company to continue drafting your account.
MEMBERSHIP FREEZE. If you have a term membership (i.e. 6-month, 12-month, etc.) you may freeze time on your membership for a medical reason or military deployment. A membership freeze fee of $25 per month will be applied to account. Freezes can be from 30 to 90 days at a time and no greater than a cumulative total of 180 days. Freezing time on your membership does not stop your membership payments. You are still liable for your original payment schedule. Once you resume any usage of the FITNESS FACILITY, the freeze will terminate.
MEMBER OBLIGATION. (1) Member agrees to abide by all FITNESS FACILITY policies, follow the direction of the staff regarding safety and security issues, and to treat the staff and other members with courtesy. (2) Member agrees to pay monthly dues on time, including notifying FITNESS FACILITY promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or late fee per delinquent payment. (3) Member agrees to pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due. (4) Member agrees to continue to fulfill the financial obligations of this agreement, except as allowed herein.
Summary of Membership Policies
Member, by executing this agreement, does hereby join the FITNESS FACILITY and such membership entitles the member to participate in supervised group or individual training during normal business hours.
Member must keep either bank account or credit card on file. A late fee of $25 will be assessed if dues are more than 5 days late.
Membership is non-transferable and non-sharable.
Member must sign-in or check-in with staff upon entering the FITNESS FACILITY. Member must also sign-in any child(ren) and applicable waiver on file for each individual.
Member agrees that member shall not use loud or profane language upon entering the FITNESS FACILITY nor shall member molest, badger, assault, or harass other FITNESS FACILITY members or surrounding business patrons.
Member acknowledges that membership is provided as a privilege and may be revoked with or without cause at the discretion of the FITNESS FACILITY.
Member agrees that if Member does not use the FITNESS FACILITY that it shall not release Member from the obligation to make all payments required by the terms of this Membership Agreement.
Member may cancel his/her membership within the initial term and be responsible for early termination fee of $150. Cancellation must be done in club and shall take 30 days to be in effect.