The Club and the undersigned Member agree as of this date to this Agreement as described in the comprehensive list of programs. As a buyer of this membership plan, the Member has the following rights under Section 501.017, F.S.:
I The Club will:
A) Refund the Member the pro-rated cost of any unused services, within 15 days after request thereof: if
- The member is unable to receive benefits from the Club`s services by reason of death or disability sufficient to warrant cancellation of the Agreement by Member. The club may require that the disability be confirmed by an examination of a physician licensed under Chapter 458, 459, 460, or 461,F.S. provided the diagnosis or treatment is within the Physician`s scope or practice, or
- The Club is relocated more than five (5) driving miles from its present location, or the services provided by the Club are materially impaired, unless the Club provides, within 30 days, a facility of equal quality located within five (5) driving miles of the business location designated in this Agreement at no additional cost to the member.
B) Refund the Member the pro-rated cost of any unused services within 15 days after the Club ceases operation or goes out of business. The business location of the Club shall not be deemed to have ceased operations or gone our of business when temporarily closed for repair and renovation of the premises:
- Upon sale, for not more than fourteen (14) consecutive days, or
- During 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.
C) Reserve the right to discontinue any programs at any time.
D) If the Club requires a buyer to furnish identification upon entry to the facility as a condition of using the services of the Club, the Club shall provide the buyer with the means of such identification.
II The Member is hereby advised to contact the Florida Department of Agriculture and Consumer Services within 60 days in the event that the Club ceases operation or goes out of business.
III Memberships can be frozen for medical reasons only.
IV If rates will be increased due to Club population or usage, such increase will happen after the members rate guarantee expires.
V Cancellations are to be made in person (by delivering written notice to the Club) or by mail to the club. Such cancellation by the member shall also terminate automatically the Members obligation to any entity to whom the Club has subrogated or assigned the Member`s Agreement. If the Club wishes to enforce such agreement after receipt of such showing, it may request the Florida Department of Agriculture and Consumer Services (the "Department" to determine the sufficiency of such showing.
VI If the Department determines that a refund is due the member, the refund shall be an amount computed by dividing the Agreement price by the number of weeks in the Agreement term multiplying the result by the number of weeks remaining in the Agreement term.
SHOULD YOU (THE MEMBER) CHOOSE TO PAY FOR MORE THAN ONE (1) MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.
VII Upon the occurrence of any of the circumstances enumerated in subparagraphs I (a) or (b) or (c) of this section, the Member or his or her estate shall be relieved of any further obligation for payment under the Agreement not then due and owing.
The member hereby acknowledges and agrees that he or she has read the attached comprehensive list of all membership plans offered for sale by the Club, and the respective price of each plan. The Member realizes that all of the foregoing written material will be honored by the Club and understands the Member`s rights of not signing if there are any unfilled blanks, and rights of cancellation and refund policies as listed in the Agreement. The Member further agrees to obey the rules of the Club as modified or amended in the sole discretion of the Club. The Club hereby reserves the right to refund the pro-rated cost of any unused services and remove the Member from the Club at any time that the Member`s actions violate the rules of the Club, which are attached hereto or as may be amended or modified in the Club`s sole and absolute discretion. Changes to such rules will be posted within the club and/or communicated by appropriate means. The Club reserves the right to discontinue any program at any time.
Member acknowledges and accepts the risk inherent in the use of Club services and facilities. By using the Club facilities services, the Member hereby assumes the risk of injury, accident, death, disability, loss, cost or damage in his or her person or property which may arise from the use of the club`s service or facilities. In consideration of the above mentioned parties` participation in the activities of the club and/or use of the facilities of the Club, the Member hereby, for the Member and each of the Member`s associates and the Member`s respective heirs, assign, and legal representatives, release and forever discharge the Club and all its affiliated organizations, officers, agents, and employees, acting officially or otherwise, from any and all claims, demands, actions, or causes of action on account of the Member`s death or on account of any injury to the Member, which may occur from any cause during such participation and/or use of the facilities of the Club. All such participation and/or use is undertaken at the Member`s own risk and the risk of associates of the Member. The Member hereby represents that the Member and associate members are physically able to undertake any and all physical activities, exercise or sports activities, or treatment in which Member and his or her associates choose to participate or which is provided by the Club. This agreement does not cover claims, demands, actions, or causes of action arising from the willful or wanton negligence of the Club or its officers, agents, or employees.
The member hereby acknowledges that he or she has read and understands and voluntarily enters into this agreement, including the release and assumption of risk herein, and has received a copy of the Agreement and the attachments hereto. This constitutes the entire agreement between the Club and the Member. Further, the Member hereby acknowledges receipt of a copy of the Rules of the Club at the time of the Member`s execution of this Agreement.