Terms and Conditions

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Automatic Renewal: If member authorizes the Club to make electronic funds transfers or charges from or to Member’s

bank or credit card account, this agreement shall automatically renew for successive one month terms at the stated

price; provided, however, that member may terminate this agreement by giving written notice of termination to the

club at least 10 days prior to the end of the then current term and provided further that the club may increase the price

for any renewal term by giving written notice to the member at least 15 days prior to the end of the then current term.

Automatic Renewal Payment Authorization: By providing the bank or credit card information below and signing this

agreement, member authorizes the club to initiate debit entries through its billing agency against members’ bank or

credit card account identified below for monthly membership charges. This authorization shall remain in full force and

effect on a monthly basis until member provides written notice to the club of termination of this authority at least 10

days prior to the end of the current renewal term. Debit entries returned by member’s bank or credit card provider are

subject to a return check charge of $25.00. Such return check charge shall be deducted from or charged against

member’s bank or credit card account.

Limitation on Term and Renewal: This agreement shall not be for an initial period in excess of 36 months and thereafter

shall not be renewable for more than one year at a time. Renewal agreements may not be executed and the fee therefor

paid prior to 60 days before the expiration date. If this agreement provides for a term of 30 days or less without any

option or other condition which establishes any right or obligation of member beyond the 30 day period, this agreement

shall be for a period of 30 days or less and renewals may not be executed and the fee therefore paid until the preceding

agreement expires. If this agreement provides for individual sessions, all sessions must be used within 30 days.

Member Identification Upon Entry: If the club requires Member to furnish identification upon entry to the Club’s

facilities and as a condition to using the Club’s health studio services, the club shall provide member with the means of

such identification. Waiver and Release: Member acknowledges that physical exercise can be strenuous and can cause

physical injury, illness, or even death. Member exercising without injury or impairment or health. The club highly

recommends that, if member has not already done so, member obtain a physical examination from a physician before

using any exercise equipment or participating in any exercise activity. Member agrees that member is voluntarily

engaging in physical exercise or activity through use of the Club’s facilities and equipment and that member does so at

his or her own risk. Member further acknowledges that the club may allow member access to the Club’s facilities and

equipment at any time under certain conditions and that member is aware that, during certain hours, there will be no

supervision or assistance available; that the club has no duty to provide member with assistance during those hours; and

that, if member is injured, becomes unconscious, or suffers a stroke, heart attack, or other medical emergency during

those hours, there likely will be no one available to respond. The club highly recommends that member have a workout

partner accompany him or her while using the club’s facilities during those hours. Member assumes all risk of injury,

illness, or death resulting from member’s use of club’s facilities or equipment or participation in any supervised or

unsupervised activity, class, program, personal training, or instruction and waives, releases, and holds harmless the club

from any and all claims, damages, or other liabilities arising out of or in connection with member’s use of the club’s

facilities or equipment or participation in any supervised or unsupervised activity, class, program personal training, or

instruction, regardless of the club’s own negligence, to the full extent permitted by law. Member further acknowledges

that the club is not responsible for the loss of member’s personal property.

Members’ Right to cancel: Member may cancel this agreement as follows:

A. Member may cancel this agreement penalty-free within three days, exclusive of holidays and weekends,

of its making, upon the mailing or delivery to the club of written notice of cancellation. Upon timely

cancellation, the club shall refund to member within 30 days from the date of receipt of notice of

cancellation all monies paid under this agreement, except that the club may retain an amount computed

by dividing the number of occasions health studio 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 this

agreement or, if appropriate, by the number of occasions that health studio services have been rendered.

B. Member can cancel this agreement if member becomes physically unable to avail himself or herself of a

substantial portion of those services which he or she used from the commencement of this agreement

until the time disability; provided that member or member’s representative provides the club with proof

of member’s time of disability or death sufficient to warrant cancellation of this agreement, which proof

may consist of a certification of such disability by a physician licensed under Chapters 458-461, Florida

Statues, if and to the extent that the diagnosis and treatment of such disability is within the physician’s

scope of practice. Upon cancellation, the club shall refund to member within 30 days from the date of

receipt of notice of cancellation monies paid or accepted under this agreement 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.

C. Member may cancel this agreement if the club goes out of business or moves its facilities more than five

driving miles from the business location designated in this agreement and fails to provide, within 30 days,

a facility of equal quality located within five driving miles of the business location designated in this

agreement at no additional cost to member; provided that the club shall not be deemed to be out of

business when temporarily closed for repair or renovation of the premise. 1. Upon sale, for not than 14

consecutive days; or 2. During ownership, for not more than seven consecutive days and not more than

two periods of seven consecutive days in any calendar year. Member is advised to contact the Florida

Department of Agriculture & Consumer Services to determine the sufficiency of the notice of cancellation.

If the Florida Department of Agriculture & Consumer Services to determine the sufficiency of the notice of

cancellation, it may request the Florida Department of Agriculture & Consumer Services determines that a

refund is due member, the club shall refund to member within 30 days from the date of receipt of notice

of cancellation monies paid or accepted under this agreement 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.