Contract terms governing membership, payment, access, conduct, risk, liability, property, and general legal matters.
Subject to this Agreement, the Gym grants Member a personal, limited, revocable, nontransferable right to use the designated facility and included services during the plan term. Membership does not create any ownership interest, leasehold, or right to a particular item of equipment, class, service, or operating schedule.
The initial term may not exceed 36 months. Any renewal after the initial term will be annual or shorter. A renewal contract and renewal fee will not be executed or paid more than 60 days before the prior contract expires.
Member agrees to pay all stated fees and applicable taxes. Recurring charges will be processed on the billing date shown above until the membership ends in accordance with this Agreement. Member authorizes the Gym and its payment processor to charge the payment method provided and to update card information through lawful account-updater services.
If a payment fails, the Gym may retry the payment, suspend access, and charge only the late or returned-payment fee disclosed here: $[AMOUNT], subject to applicable law. The Gym will not change recurring dues during a committed fixed term. For a month-to-month renewal, the Gym may change dues upon at least [30] days’ advance written notice.
Member must promptly update billing and contact information. Access suspension does not waive amounts validly due. No fee or charge applies unless disclosed in this Agreement or a signed addendum.
Plan selection (check one): ☐ Month-to-month until canceled ☐ Fixed term ending [DATE], then ☐ ends / ☐ renews month-to-month ☐ Other: [DESCRIBE].
After any statutory cancellation period, Member may cancel an open-ended membership by written notice delivered to the mailing address or email listed above. Cancellation becomes effective [NUMBER] days after receipt / at the end of the current paid billing period (select one before use). Charges already earned are nonrefundable except where this Agreement or law requires otherwise. The Gym will provide written confirmation of cancellation.
Member understands that the facility may be unstaffed and that no employee, trainer, lifeguard, spotter, or medical professional may be present. Member is responsible for deciding whether to enter, exercise, and use equipment alone. Cameras and access-control systems do not guarantee that anyone is watching live or will respond to an emergency.
Member will use only the credential issued to Member. Credential sharing, “tailgating,” propping doors open, or admitting another person is prohibited. Member must immediately report a lost credential or suspected unauthorized access. The Gym may deactivate credentials for safety, security, nonpayment, suspected misuse, maintenance, emergencies, or violation of this Agreement.
Member represents that Member is physically able to participate safely or has obtained appropriate medical advice. The Gym does not provide medical diagnosis, treatment, supervision, or individualized exercise advice unless expressly stated in a separate written service agreement. Member will stop exercising and seek assistance if Member experiences pain, dizziness, faintness, shortness of breath, or unusual symptoms.
In an emergency, call 911 first. Member authorizes the Gym and responders to provide or arrange reasonable emergency assistance when feasible, without guaranteeing that assistance will be available. Member remains responsible for medical costs to the extent permitted by law.
No guest may enter unless the Gym’s then-current guest process has been completed, all charges are paid, and the guest has signed required documents. Member is responsible for the conduct of an admitted guest and may not leave the guest unattended.
Minimum age for independent 24/7 access: [AGE]. A minor may use the facility only under the Gym’s written minor policy and with a parent or legal guardian’s signed consent. No child care is provided. Children may not wait in workout areas, offices, restrooms, or access-controlled spaces except as expressly permitted by written policy.
The Gym may temporarily close all or part of the facility or change access hours for maintenance, repairs, emergencies, safety, legal compliance, utilities, construction, or events beyond reasonable control. The Gym may update reasonable facility rules on advance notice when practical. Material changes to payment or cancellation terms require Member’s agreement or notice as required by law.
Florida statutory rights concerning a business location that goes out of business or moves more than five driving miles are stated in Part 3 and control over any inconsistent term.
The Gym may warn, suspend, or terminate Member for material breach, unsafe or disruptive behavior, credential sharing, fraud, harassment, violence, theft, property damage, repeated nonpayment, or conduct reasonably presenting a risk to persons, property, or operations. Immediate suspension is permitted when reasonably necessary for safety or investigation. Upon request, Member will return or destroy access credentials.
Termination does not eliminate valid obligations already accrued. Any refund will be determined by this Agreement and applicable law. The Gym reserves all remedies for deliberate property damage, theft, or unauthorized access.
Member understands that exercise and use of a 24/7 unmanned fitness facility involve inherent and other risks, including falls; slips; strains; sprains; fractures; overexertion; fainting; cardiac events; contact with equipment, weights, flooring, doors, or other persons; equipment malfunction or misuse; delayed discovery of an emergency; acts of other members or unauthorized persons; and serious injury, illness, disability, or death. These risks may arise from Member’s acts, the acts of others, facility conditions, or ordinary negligence.
To the fullest extent permitted by Florida law, Member knowingly and voluntarily assumes the risks of participating in fitness activities and using the facility, equipment, parking areas, entrances, and related services, including use while alone or while the facility is unstaffed.
TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, MEMBER RELEASES AND AGREES NOT TO SUE THE GYM, ITS LANDLORD, OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, TRAINERS, AFFILIATES, SUCCESSORS, AND AGENTS (THE “RELEASED PARTIES”) FOR CLAIMS FOR PERSONAL INJURY, DEATH, OR PROPERTY LOSS ARISING FROM MEMBER’S USE OF THE FACILITY OR PARTICIPATION IN ACTIVITIES, INCLUDING CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.
THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, RECKLESS OR INTENTIONAL MISCONDUCT, A CLAIM THAT CANNOT LAWFULLY BE WAIVED, OR A STATUTORY RIGHT THAT CANNOT BE WAIVED.
Member will indemnify and hold the Released Parties harmless from third-party claims, damages, and reasonable costs arising from Member’s intentional misconduct, violation of law, unauthorized admission of another person, or material violation of this Agreement. This indemnity does not require Member to indemnify a Released Party for that party’s own gross negligence or intentional misconduct.
Member is responsible for personal property brought to the premises. To the extent permitted by law, the Gym is not responsible for loss, theft, or damage to unattended property. Member is responsible for repair or replacement costs caused by Member’s intentional act, misuse, or negligence, ordinary wear excepted.
Notices to the Gym must be sent to the mailing address or member-service email stated on page 1, unless a mandatory notice in Part 3 specifies otherwise. Notices to Member may be sent to the last postal or email address provided. Electronic signatures and records may be used to the extent permitted by law.
Florida law governs this Agreement, without regard to conflict-of-laws rules. Unless applicable law requires otherwise, venue for a court proceeding will lie in the state or federal courts serving Pinellas County, Florida. Before filing suit, either party may request a good-faith informal conference, but this does not shorten or waive any limitation period or statutory right.
This Agreement and signed addenda are the entire agreement regarding membership. A waiver must be in writing. If any term is unenforceable, it will be enforced to the maximum lawful extent and the remainder will remain effective. Headings are for convenience. The Gym may assign this Agreement in connection with a lawful sale or reorganization, subject to Member’s statutory cancellation rights; Member may not assign membership.