Terms & Policies

Dues:

Member agrees to promptly pay all the monthly charges and dues after being accepted for membership. The first month’s dues will be due upon signing the contract. Dues will be billed on the date signed are due and payable with or without a statement. If delinquent more than 30 days, The Facility may cancel Member’s membership and begin collection proceedings to satisfy Member’s total membership obligations under this Agreement.

Cancellations/Assignment:

Member may cancel this Agreement with a 30 day notice or without a penalty if it’s a month-to- month membership. We will not refund a partial month as it will expire on your original bill date.

Term:

We do allow a freeze if you are going to be away for up to 6 months. We will set an automatic reinstatement on the date you provide us at the time of the freeze. It will bill out at the next original bill date. If you need to Freeze longer after the original date given, please contact The Facility.

Additional Fees:

There will be a $30 NSF fee on any check returned to The Facility.

Rules and Regulations:

Member agrees to abide by the rules and regulations that may be promulgated from time to time by The Facility. Member agrees that violation of such rules and regulations may cause Member’s membership to be immediately terminated in the sole discretion of The Facility.

Liability Waiver:

It is agreed that all use of The Facility will be undertaken by Member at his or her own risk. The Facility expressly disclaims all warranties, express or implied. It is further agreed that The Facility, its owners, members, managers, employees, representatives, and agents will not be liable for any damages - direct, consequential, exemplary, special, punitive, or otherwise - arising from personal injuries sustained by Member on or about The Facility’s premises or as a result of Member’s use of the equipment therein. Member’s sole and exclusive remedy for breach by The Facility will be the return of any pre-paid membership dues. Member accepts full responsibility of any injuries or damages that may occur to the Member on or about The Facility’s premises and further agrees that The Facility will not be liable for any damage, loss or theft of Member’s personal property. Member does hereby fully and forever release and discharge The Facility, its owners, members, managers, employees, representatives, and agents from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether they be known or unknown, anticipated, or unanticipated, resulting from or arising out of Member’s use or intended use of The Facility and equipment therein.

Member’s Physical condition:

Member represents and warrants that Member is in good physical condition and that he or she has no disability, impairment or ailment preventing him or her from engaging in active or passive exercise or that may be detrimental or inimical to his or her health, safety, comfort, or physical condition if he or she does so engage or participate.

Unavailability of Facility:

The Facility reserves the right, and without prior notice to Member, to temporarily close The Facility or a portion thereof, for remodeling, improvements, or repairs. The Facility reserves the right to permanently close The Facility, and in such event, the Member’s membership will be terminated. Use of Facility: Member agrees to be subject to the control and guidance of all The Facility staff while on The Facility’s premises and will follow the instructions of the staff. Member agrees to conduct himself or herself in a quiet, well-mannered fashion while on The Facility’s premises. In the event of an accident, Member agrees to be examined at Member’s sole expense by a licensed physician and Member agrees to complete and return The Facility’s accident and injury report form to The Facility.

Indemnification:

Member agrees to indemnify and hold The Facility harmless for any and all liability, loss, claims, expenses (including attorneys fees), and other damages (collectively, “Damages”) resulting from a breach of this Agreement or caused by member in connection with his or her use of The Facility or the equipment therein, including property damage and personal injury or death.

Guests:

Membership does not include the right to extend the use of The Facility to guests. Notwithstanding the previous sentence: (i) any act or omission of a Member’s guest will be deemed to be an act or omission of the Member for the purposes of this Agreement; and (ii) if Member’s guest makes a claim against The Facility for personal injury or otherwise, then Member will indemnify and hold The Facility harmless from any and all Damages arising from such claim(s). The Facility does offer a free day pass with a signed waiver.

General:

The provisions of this Agreement are severable. If any provision of this Agreement is declared to be void, not valid or unenforceable, it is the intention of the parties to this Agreement that the remainder of this Agreement remain valid and enforceable. This Agreement and the rules and regulations referenced herein represent the entire agreement between The Facility and Member. The Facility will have all rights and remedies provided by law and the remedies provided in this Agreement are cumulative. The laws of the State of Florida govern this Agreement. Member must be 18 years old or older. If member is under the family program, all liability waivers must be signed by parent or legal guardian to allow access without the adult present. A photocopy of Member’s driver’s license is required to complete this Application/Agreement.