For purpose of this document, “Membership Agreement” the term “Fitness Member, Key Club Member or Member” includes any and all participants and guests of The Trainers Edge, whether participant is a paying member, a prospective member, a guest or any other person choosing to use this facility, equipment, coaching and/or instruction.
DISCLAIMER OF LIABILITY
Trainers Edge and The Trainers Edge (referred to as ‘the Fitness Facility’ in this agreement) urges all members to obtain a physical examination from their physicians prior to initiating any exercise program. Key club members are not supervised by the Fitness Facility staff and at times may be present in the facility when it is completely unattended by others. Key club members are responsible for their own safety. In recognition of the possible dangers connected with any physical activity, member(s) hereby knowingly and voluntarily waive(s) any cause of action of
any kind whatsoever arising as the result of such activity from which any liability may or could accrue to the Fitness Facility its officers, agents, employees, instructors or assigns and agree to hold the Fitness Facility harmless there from.
- 1. SEVERABILITY: If any part of this agreement shall be held invalid, that part shall be deemed excluded from this agreement and the remainder of the agreement shall remain in full force and effect.
- 2. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
- 3. 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 sole and exclusive jurisdiction of the State of Florida and to the application of Florida law. Any action hereunder shall be brought in Seminole County, Florida. A condition precedent to any suit or action arising from any dispute between the parties shall be mediation pursuant to Florida Statute.
- 4. ENTIRE AGREEMENT: The Member and the Fitness Facility acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except in written form executed by both parties.
- 5. CANCELLABILITY AND TRANSFERABILITY: This membership is not negotiable, transferable, or cancelable except as otherwise provided herein. Notice of intent to cancel by the buyer shall be given in writing- 30 days notice – prior to next billing day of the month to the Fitness Facility. Such a notice of cancellation from the consumer shall also terminate automatically the consumer’s obligation to any entity to whom the health studio has subrogated or assigned the consumer’s agreement. If the Fitness Facility and health studio wishes to enforce such agreement after receipt of such showing, it may request the department to determine the sufficiency of the showing.
- 6. BUYERS RIGHTS:
- a.The member may cancel the contract if the Fitness Facility goes out of business and fails to provide equal quality facilities within 30 days at no additional cost within 5 driving miles of, or if its facilities move more than 5 driving miles from, 770 Monroe Road, Sanford, Florida 32771, upon written notice by the Member.
- b.If the FDAC determines that a refund is due the buyer, refund of this contract shall be 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. The business location of the Fitness Facility and health studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises:
- c.Upon Sale, for not more than 14 days
- d.During ownership, for not more than 7 consecutive days and not more than 2 periods of 7 consecutive days in any calendar year.
- e.If the buyer dies or becomes physically unable to avail him/herself of a substantial portion of those services which he/she used from the commencement of the contract until the time of disability, with refund of funds paid or accepted in payment of the contract in 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 physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to the health a certification of such disability by a physician licensed under Chapter 458,459,460 or Chapter 461 to the extent the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.
- f.The Member should contact the Florida department of Agriculture and Consumer Services within 60 days if the Fitness Facility goes out of business
- 7. SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN ONE MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THTA YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR BUSINESS LOCATIONS 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.
- 8. IDENTIFICATION CARDS & KEYS: If the club requires the member to furnish identification (KEYS) upon entry to the club and as a condition of using the services of the club, the club shall provide the member with the means of such identification. If the member(s) lose their identification/key(s) there will be a charge $10.00 to replace the Keys.
- 9. FOR PERSONAL TRAINING/ EST/ GROUP TRAINING: The Fitness Facility urges all Group participants and Personal Training clients to obtain a physical examination from their physicians prior to initiating any exercise program. In recognition of the possible dangers connected with any physical activity, group and personal training clients hereby knowingly and voluntarily waive(s) any cause of action of any kind whatsoever arising as the result of such activity from which any liability may or could accrue to the Fitness Facility its officers, agents, employees, instructors or assigns and agree to hold the Fitness Facility harmless there from.
- 10. Cancellation of Individual Sessions: Twenty-four (24) hour cancellation notice, by phone or text, is required for canceling any and all individual Sessions. Any and all cancellations with less than twenty-four (24) hours’ notice will result in forfeiture of the Session without refund. If Trainer must cancel a Session, he/she will do so, by phone, with at least twenty-four (24) hours’ notice.
- 11. The Fitness Facility member agrees to pay the $20 annual equipment fee either in a one-time payment of $20 or two separate payments of $10 which will be communicated between the member and the Fitness Facility.
- 12. There is a $50 ENROLLMENT FEE - THE ONLY EXCEPTION WOULD BE FOR SPOUSES OR SIGNIFICANT OTHERS SIGNING UP TOGETHER. ONE ENROLLMENT FEE IS WAIVED.
- 13. You, the buyer may cancel this agreement penalty-free within 3 days of date of signing, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all monies paid under the contract, except that the health studio retain an amount computed by dividing the number of occasions health studio was used are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that the health studio services have been rendered. A refund shall be issued within 30 days after the receipt of the notice of cancellation made within the 3-day provision.
Rules & Regulations: Member agrees to keep and obey all rules and regulations now in force and/or in the future prescribed by Fitness Facility. These rules have been promulgated to ensure the safety and comfort of all members, staff, coaches, trainers and the public. These rules are subject to change at any time. Changes will be posted. Member understands that the Fitness Facility may revoke Member’s rights because of failure to obey these rules and regulations or because of any activity by the Member in using the facilities and services which create a nuisance, safety hazard, disturbs other members, or constitutes an act of moral turpitude or fraud. The rules and regulations are as follows:
- 1. All Members MUST sign-up for your next class before you leave your current exercise session.
- 2. All Members MUST be on time to class. This means being dressed in your workout attire, stretched, warmed up and ready to participate at the appointed class time for which you are scheduled.
- 3. Shoes, shirts and appropriate exercise attire must be worn at all times. Please, no “Shape-up” or similar-type shoes.
- 4. For the safety of others and yourself, all Members must use care and caution when using equipment including but not limited to not throwing or dropping weights.
- 5. Members who damage equipment that is the property of the Fitness Facility may be charged for replacement or repair of said damaged property.
- 6. By signing this agreement, Member is granting Fitness Facility the right to use photos or videos of the Member, voice recordings, statements or comments, in part or in whole, in any media, to promote its facility, products or services.
- 7. No shows are counted as a session and will be charged accordingly. Failure to use a service does not entitle Member to a refund, nor a credit applied to any future service.
- 8. Members are responsible for reading and abiding by ALL announcements posted in the facility.
- 9. Fitness Facility will not be held responsible for lost or stolen articles. We highly recommend Members leave all valuables at home when coming to the facility. Lost and found items may be donated to charity if unclaimed after 30 days. Fitness Facility cannot guarantee the security of any items left behind by Members.
- 10. Parental consent is required for all Fitness Facility members under the age of 18 years. By signing these Membership Agreement and Health Studio Service Agreement, the parent or legal guardian of the minor participant agrees to accept full responsibility for ensuring minor adheres to all rules and regulations herein or posted in the facility.
LIABILITY WAIVER & RELEASE. Member agrees that Member is aware Member is engaging in physical exercise and the use of exercise equipment, facilities, training and instruction, which could cause injury to Member. Member is voluntarily participating in these activities and assumes all risks of injury that might result. Member’s fitness to engage in exercise activities is based upon consent and clearance, after consultation and a complete physical examination, if appropriate, with his or her personal physician, OR Member has waived the opportunity to so consult and accepts full responsibility and consequences of such failure to consult. Member hereby agrees to waive any claims or rights Member might otherwise have to sue the Fitness Facility, its employees or agents for injury on account of these activities or Member’s own negligence. Member has carefully read this Liability Waiver & Release and fully understands it is a release of all liability. The Fitness Facility will make NO evaluation or recommendation whether Members or Guests are sufficiently fit for any exercise activities. It always is advisable to consult your physician before undertaking physical activity or a physical exercise program. Member warrants, represents and agrees that he or she is in good physical condition and that he or she has no disability, impairment or ailment preventing Member from engaging in active or passive exercise or that will be detrimental or inimical to his or her own health, safety, comfort, or physical condition or that of others he/she does so engage or participate. Member represents that he/she will not use this facility with any open cuts, abrasions, infections or maladies with the potential of harm to others, or otherwise in accordance with public health requirements. All open wounds must be sufficiently covered to avoid any transfer of potentially harmful bodily fluids. The management of this facility shall have the final determination in this regard. Management’s decision is final. Member also acknowledges that this facility does not keep or maintain any lifesaving equipment such as a defibrillator.
Membership Keys: The Fitness Facility will issue key(s) to all members. Key Club members will have access to the club 24 hours a day. Members that participate in a group or have one on ones with a trainer will have a key but it will be programmed for the amount you have paid in advanced, and will only let you in for those sessions. You may not let anyone use your key. There will be a charge of $29.95 plus tax if your key is used by anyone else. After 3 times, your key will be confiscated and your membership will be terminated. There is a charge for lost keys of $10.00.
Guest Privileges: The Fitness Facility encourages you to bring friends, relatives, and business associates for a guest visit. The members must check the guest in by having the guest if 18 or older (16 or 17 year old minor of a parent of legal guardian who is a member is okay if the parent or legal guardian signs the release form) sign a medical and injury release from and pay a guest fee of $5.00 before using the facilities.
Conduct: While in the fitness gym the Fitness Facility does not permit and will not tolerate any inappropriate conduct. Such conduct includes, without limitation, showering together, two people in the bathroom at a time, using loud, abusive, offensive, insulting, demeaning language, profanity, lewd conduct or any conduct that harasses or is bothersome to members or the Fitness Facility employees and/or trainers
Use of Facilities: Weights & Other Equipment: There are specific rules posted regarding the use of the weights and other equipment in the facility. As a courtesy, please replace the weights on the rack after you use them and wipe off any benches after your use. The Fitness Facility provides wipes for you to wipe down and clean the benches after your use.
Please NO slamming of weights, or misuse of equipment. Members must use collars on bars, and must use mats if placing weights on floor. Members must also use a spotter when using heavy weights.
Dress Policy: The Fitness Facility requires you to wear appropriate clothing and footwear while in the facility. Here are general guidelines: gym shorts, T-shirts, jogging, aerobic and sweat outfits are all right for exercising.
General Policies for Minors: Children are the parent/member’s responsibility. Supervision will not be provided by the Fitness Facility. Children must remain outside of the workout areas.
Prohibited Items and Activities: No Alcohol, Drugs, or Smoking: You cannot use the Facility or engage in any activity at the Fitness Facility while under the influence of drugs, or alcohol. Also, the Fitness Facility doesn’t permit smoking, alcohol, illegal drugs, including steroids in its facility. No Weapon: No weapons of any kind are permitted.
Personal Training: Under no circumstance is any member to train another member for compensation. If is determined that paid personal training has been conducted on the premises, the trainer and trainee will each lose their membership. Under no circumstance is any member allowed to bring in another trainer for the purpose of personal training in the Fitness Facility.
I understand and agree to comply in full with the Membership Agreement and its Rules & Regulations