In This House
Only Hard Work
TERMS AND CONDITIONS
FOR POWER STRENGTH GYM MEMBERS
I hereby authorize my bank to make my payments to Power Strength Gym by either credit card or debit card or ACH bank debit and post it to my account.
SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN 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 THIS 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.
SALES TAX: Local sales tax will be applied where applicable. To the extend sales tax rate should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase.
YOUR FAILURE TO REGULARLY ATTEND AND UTILIZE CENTER FACILITY DOES NOT RELIEVE OF YOUR OBLIGATIONS, REGARDLESS OF THE CIRCUMSTANCES, TO PAY THE INSTALLMENT NOTE IN FULL.
Management reserves the right to cooperate with collector’s offices/companies on issues of unpaid memberships, which may lead to additional fees on top of the negative due balance member has on their account.
SUSPENSION/TERMINATION OF MEMBERSHIP BY MANAGEMENT.
Management has the right to suspend or terminate any membership for non-payment of dues, fees or for behavior inimical to the enjoyment of Power Strength Gym by other members and staff, or for any reason deemed sufficient in the sole discretion of Management.
BUYER’S RIGHT TO CANCEL OR TERMINATE.
This agreement is a continuous payment plan and will continue until buyer terminates agreement.
MEMBER HAS THE RIGHT TO PENALTY-FREE CANCELLATION OF THE CONTRACT WITHIN 3 DAYS AFTER SIGNING/ELECTRONICALLY AGREEING TO THIS AGREEMENT, EXCLUSIVE OF HOLIDAYS AND WEEKENDS, OF ITS MAKING, UPON THE MAILING OR DELIVERY OF WRITTEN NOTICE TO THE HEALTH CLUB OR BY CERTIFIED REGISTERED E-MAIL TO [email protected] OR BY CERTIFIED MAIL, AND REFUND UPON SUCH NOTICE OF ALL MONEYS PAID UNDER THE CONTRACT, EXCEPT THAT THE HEALTH STUDIO MAY RETAIN AN AMOUNT COMPUTED BY DIVIDING THE NUMBER OF COMPLETE DAYS IN THE CONTRACT TERM OR, IF APPROPRIATE, THE NUMBER OF OCCASIONS HEALTH CLUB SERVICES 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 HEALTH STUDIO SERVICES HAVE BEEN RENDERED. A REFUND SHALL BE ISSUED WITHIN 30 DAYS AFTER RECEIPT OF THE NOTICE OF CANCELLATION MADE WITHIN THE 3-DAY PROVISION.
NOTICE OF INTENT TO CANCEL BY THE BUYER SHALL BE GIVEN IN WRITING TO THE HEALTH STUDIO AND DELIVERED TO POWER STRENGTH GYM EITHER IN PERSON TO STAFF AT ONE OF THE POWER STRENGTH GYM FACILITIES, BY CERTIFIED MAIL OR BY CERTIFIED REGISTERED E-MAIL TO [email protected]. ALL MEMBERSHIP DUES MUST BE BROUGHT CURRENT AT THE TIME OF CANCELLATION. ACCOUNT WILL BE TERMINATED ON THE LAST DAY OF THE NEXT BILLING CYCLE AFTER NOTICE WAS RECEIVED. MEMBER IS ENTITLED TO A COPY OF THE CANCELLATION NOTICE FORM, IN CASE IT WAS FILLED IN PERSON. MEMBER MUST PAY CURRENT CANCELLATION FEE AT THE MOMENT OF CANCELLATION, WHICH MAY BE SUBJECT TO CHANGE OVER TIME.
RELOCATION / STUDIO GOES OUT OF BUSINESS
MEMBER HAS THE RIGHT TO THE CANCELLATION OF THE CONTRACT AND REFUND OF CURRENT BILLING CYCLE/MONTH IF THE CONTRACTING BUSINESS LOCATION OF THE HEALTH STUDIO GOES OUT OF BUSINESS OR MOVES ITS FACILITY MORE THAN 5 DRIVING MILES FROM THE BUSINESS LOCATION DESIGNATED IN THE CONTRACT AND FAILS TO PROVIDE, WITHIN 30 DAYS, A FACILITY OF EQUAL QUALITY LOCATED WITHIN 5 DRIVING MILES OF THE BUSINESS LOCATION DESIGNATED IN THE CONTRACT AT NO ADDITIONAL COST TO THE BUYER.
THE BUSINESS LOCATION OF A HEALTH STUDIO MAY 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. DURING OWNERSHIP, FOR NOT MORE THAN 7 CONSECUTIVE DAYS AND NOT MORE THAN TWO PERIODS OF 7 CONSECUTIVE DAYS IN ANY CALENDAR YEAR.
HEALTH STUDIO ADVISES THE BUYER TO CONTACT THE DEPARTMENT FOR INFORMATION WITHIN 60 DAYS SHOULD THE HEALTH STUDIO GO OUT OF BUSINESS. A REFUND SHALL BE ISSUED WITHIN 30 DAYS AFTER RECEIPT OF THE NOTICE OF CANCELLATION MADE PURSUANT TO THIS PARAGRAPH.
DISABILITY & DEATH
THE CANCELLATION OF THE CONTRACT IF THE BUYER DIES OR BECOMES PHYSICALLY UNABLE TO AVAIL HIMSELF OR HERSELF OF A SUBSTANTIAL PORTION OF THOSE SERVICES WHICH HE OR 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 CONTRACT MAY REQUIRE A BUYER OR THE BUYER’S ESTATE SEEKING RELIEF UNDER THIS PARAGRAPH TO PROVIDE PROOF OF DISABILITY OR DEATH. A PHYSICAL DISABILITY SUFFICIENT TO WARRANT CANCELLATION OF THE CONTRACT BY THE BUYER IS ESTABLISHED IF THE BUYER FURNISHES TO THE HEALTH STUDIO A CERTIFICATION OF SUCH DISABILITY BY A PHYSICIAN LICENSED UNDER CHAPTER 458, CHAPTER 459, CHAPTER 460, OR CHAPTER 461 TO THE EXTENT THE DIAGNOSIS OR TREATMENT OF THE DISABILITY 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.
THIS CONTRACT IS NOT FOR A PERIOD IN EXCESS OF 36 MONTHS AND DOES NOT PROVIDE OR GUARANTEE FOR A LIFETIME MEMBERSHIP.
MEMBER’S HEALTH WARRANTY / REPRESENTATION OF CONDITION
The member warrants and represents that the member or any family member or guest entitled to use the facilities of Power Strength Gym under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate. The Member acknowledges and agrees that: 1) Power Strength Gym will rely on the foregoing warranty in issuing the Membership; 2) Power Strength Gym shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition; 3) If any fitness assessment or similar testing is performed by Power Strength Gym, it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes; 4) Power Strength Gym shall not be subject to any claim, demand, or injury whatsoever on account of Power Strength Gym’s evaluation or interpretation of such fitness assessment or similar testing; 5) Power Strength Gym shall not be liable for any injury arising out of the member’s disability impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate; 6) Each member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing; 7) Member acknowledges that no employee or personnel of the facility have any expertise in diagnosing, examining, or treating medical conditions of any kind or in determining the effect of any specific exercise on said medical conditions.
We reserve the right to revoke or deny the membership of any member or guest whose access to or use of our facility, in our judgement, creates a danger to health or safety hazard to member or other members, guests, staff. Access to our facility will be denied unless you can provide competent medical evidence certifying to a substantial medical certainty that such conditions poses no danger or health hazard to other individuals. We may support or refute any such medical evidence with additional evidence as we deem necessary.
WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
Power Strength Gym urges you and all members to obtain a physical examination from doctor before using any exercise equipment or participating in any exercise class. EACH MEMBER OF POWER STRENGTH GYM SHALL BE LIABLE FOR ANY PROPERTY DAMAGE AND/OR PERSONAL INJURY (CAUSED BY THE MEMBER, MEMBER’S FAMILY, GUEST OR ANY OTHER PERSON) AT POWER STRENGTH GYM OR ANY ACTIVITY OR FUNCTION OPERATED, ARRANGED OR SPONSORED BY POWER STRENGTH GYM. IT SHALL BE THE OBLIGATION OF THE MEMBER TO PAY FOR ANY COSTS INVOLVED UPON PRESENTATION OF A STATEMENT THEREOF. Any and all use of the Power Strength Gym facilities, or participation in, Power Strength Gym, activities operated, arranged or sponsored by Power Strength Gym either on or off of Power Strength Gym’s premises by the member, member’s family or guest(s) shall be at such person’s own risk, and Power Strength Gym shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages. The member individually, and on behalf of the member’s personal representative, heirs, administrators, assigns and successors does here by expressly forever releases and discharges Power Strength Gym, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions, or causes of action.
Mirtex FL LLC, hereinafter referred to as Power Strength Gym, is not responsible for any injury or loss of property suffered by member while participating in club activities, using equipment, or on club premises, for any reason whatsoever, resulting from the ordinary negligence on the part of Power Strength Gym, it’s agents, or employees. In consideration of my membership and for being allowed to use Power Strength Gym facility and equipment, I hereby waive, covenant not to sue and release any claims which may be brought by me, my family, estate, heirs and/or assigns, against Power Strength Gym, it’s owners, employees, instructors, representatives and/or agents from any and all present and future claims for loss, theft of my property, injury or damages to my person or property, personal injuries and/or death, which do or may exist, now or in the future, whether currently known or unknown, which arise as a result of using the facility and equipment of Power Strength Gym, and/or engaging in any Power Strength Gym activity, activities, or activities incidental thereto, wherever, whenever or however same may occur and regardless and irrespective of whether such claims arise or arose as a result of my own negligence, the negligence of any other person or the negligence of Power Strength Gym or it’s owners, employees, instructors, representatives and/or agents and will defend, indemnify and hold Power Strength Gym, it’s owners, employees, instructors, representatives and/or agents harmless there from.
Further, I am aware that health and fitness club activities may range from vigorous cardiovascular activity (e.g., aerobics, bicycles, steppers, treadmills) to strenuous exertion of strength training (e.g., free weights, weight machines). I understand that these and other physical activities involve certain risks, including but not limited to death, serious neck and spinal injuries resulting in complete or partial paralysis, heart attacks and injury to bones, joints or muscles. I understand that exercise at the club is unsupervised and at certain times the club may be unattended. I am voluntarily participating in club activities with knowledge of the dangers involved and hereby agree to accept any and all inherent risks of property damage, minor or serious injury, or death.
I further agree to indemnify and hold harmless Power Strength Gym and others listed for any and all claims arising as a result of my engaging in club activity, activities or activities incidental thereto, wherever, whenever, or however same may occur and regardless and irrespective of whether such claims arise or arose as a result of my own negligence, the negligence of any other person or the negligence of power strength gym or it’s owners, employees, instructors, representatives and/or agents. I understand and agree that this waiver and release of liability is intended to be as broad and inclusive as permitted by the laws of the state of Florida and agree that if any portion hereof is held invalid, the remainder of the waiver and release of liability will continue in full legal force and effect. I further agree and affirm that in the event a lawsuit is filed in relation to my membership or as a result of using the facilities and equipment of Power Strength Gym, and/or engaging in any Power Strength Gym activity, activities, or activities incidental thereto, the applicable law shall be the law of the state of Florida and the only venue in which such suit may be filed is in the circuit court, ninth judicial circuit in and for Orange County, Orlando, Florida.
I further agree that in the event I am not the prevailing party, I will be responsible for all reasonable attorney’s fees, court and other costs and expenses incurred by Power Strength Gym in the defense or in relation to the lawsuit.
Power Strength Gym will provide a fully equipped exercise facility including a fitness training area with stationary bicycles, elliptical, treadmills, stairmasters, weight machines and equipment, circuit training equipment and free weight training area. Member acknowledges the supervision is not always provided at the facility.
VALUABLE AND PERSONAL PROPERTY: We urge you to not bring valuables to the gym. We shall not be responsible for any lost, theft, or damage to the personal property brought into club, whether member, guest or individual.
SEARCH POLICY: In accordance with Power Strength Gym's policy regarding searches, I understand that all desks, storage areas, lockers, and all equipment owned, financed, or leased by Power Strength Gym or used by Power Strength Gym and clients are subject to search at any time without my knowledge, presence, or permission. With the exception of my personal belongings, like bags/purses/wallets/plastic bags/pockets etc. I understand I am prohibited from locking or otherwise securing overnight any such desk, storage area, locker with any lock or locking device not supplied or approved by Power Strength GYM.
SURVEILLANCE: I further understand that in order to promote the safety of employees and company visitors, as well as the security of its facilities, Power Strength GYM may conduct video and audio surveillance of any portion of its premises at any time, the only exception being private areas of restrooms, showers, and dressing rooms, and that video cameras will be positioned in appropriate places within and around Power Strength Gym facility and used in order to help promote the safety and security of people and property. I hereby give my consent to such video surveillance at any time the company may choose. I hereby release Power Strength Gym from all liability, including liability for negligence, associated with the enforcement of these policies and/or any searches or surveillance undertaken pursuant to these policies.
MEMBERSHIP FREEZE: Power Strength Gym can freeze membership up to 6 months at a time. A fee may be assessed for freezing membership agreement. Your monthly Autopay will automatically renew after the suspension term, unless you provide Power Strength Gym with written cancellation request via e-mail to [email protected] / certified letter / filling cancellation form at the front desk.
HOURS OF OPERATION: Operating schedule will be subject to change from time to time, according to periodic postings at the club. The club may be closed on holidays. Power Strength Gym and facilities may be unavailable during a period of repair and maintenance or special events, programs or private parties, or by Management’s schedule for these events. In order to keep the facility in the best possible condition a portion of Power Strength Gym may be closed for a temporary time period for repairs and renovations. There will be no adjustment in dues for this period of closure.
EQUIPMENT MALFUNCTION: Member understands that equipment may from time to time be out of order. When special factory parts must be ordered some units may be out of order for several weeks. When this occurs, member agrees to use substitute equipment.
DAMAGE TO FACILITY: Member agrees to pay extra charge for careless use of equipment or any damage of club's decor including but not limited to walls/mirrors/furniture/electronic devices/equipment/lights etc. caused by member intentionally or not.
CHILDREN: Children shall be defined to mean any person under age of 14. Age may change without recourse by members.
Under 14 years old are not allowed to work out or stay around equipment. Children under 14 must wait in the lounge area next to front desk. 14-15 years old must workout with an adult Parent/Guardian at all times. All agreements must be signed by Parent/Guardian. 16-17 years old can workout without Parent/Guardian. All agreements must be signed by Parent/Guardian.
BARCODE KEY TAG: Health studio requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health club. The health club will provide the buyer with the means of such identification in a form of barcode key tag. Every member must purchase such key tag at the moment of signing this contract. In case key tag is lost, stolen or damaged, member must repurchase new one for renewal fee, which fee shall be established by and subject to change by club. I acknowledge that use of the barcode system by someone other than myself will result in loss of membership.
GYM RULES AND BYLAWS
Front Desk Area:
COMPLIANCE WITH RULES AND CONDUCT OF MEMBER: Member agrees to be subject to the control and guidance of the club staff while on premises and will follow instructions of club personnel. Member agrees to conduct him/herself in a quiet, well-mannered fashion on the premises and reserve all criticism of any kind about other club members, guests, club personnel until in a private office with club manager. Member agrees to obey all rules and conditions of membership contained in this contract or in the future prescribed by the club, and the club reserves right to revoke or terminate the membership if member fails to keep and obey any such rules and conditions.
AMENDING RULES: The club reserves the right to amend or add to these rules and conditions and to adopt new rules as it may deem necessary for the proper management of the club. Such rules shall apply to all members and their guests, visitors and members of their families.
WARRANTIES: Member agrees that no warranties, representation, or agreements or merchantability, fitness or particular purpose, or otherwise, express or implied, were made to member except for those written therein or in writing, signed by an offer of the corporation owning the club.
APPLICABLE LAW: This contract shall be governed by Florida law or whichever county the health club resides in.
BY SIGNING THIS AGREEMENT MEMBER ACKNOWLEDGES THAT HE/SHE HAS READ AND AGREED TO ALL PARTS OF THIS AGREEMENT, INCLUDING THE RELEASE AND WAIVER OF LIABILITY AND THE CURRENT MEMBERSHIP POLICIES AND CLUB RULES AND REGULATIONS.
THIS AGREEMENT CONSTITUTES THE ENTIRE AND EXCLUSIVE MEMBERSHIP AGREEMENT BETWEEN THE PARTIES. ANY PROMISE, REPRESENTATION, UNDERSTANDING, ORAL OR WRITTEN, PERTAINING DIRECTLY OR INDIRECTLY TO THE AGREEMENT WHICH ARE NOT CONTINUED HEREIN, ARE HEREBY WAIVED. No agent or representative of this gym is authorized to change or alter the language of this agreement. If any part of this contract is declared unenforceable, the remaining provisions shall continue in full force.
MEMBER AFFIRMS THAT THEY ARE OF LEGAL AGE, MENTAL COMPETENCE AND IS FREELY SIGNING THIS AGREEMENT.
I HAVE READ THIS CONTRACT AND FULLY UNDERSTAND THAT BY SIGNING THIS, I AM GIVING UP LEGAL RIGHTS AND REMEDIES THAT I MAY HAVE NOW OR IN THE FUTURE.