DISCLAIMER OF LIABILITY. Member(s) hereby unconditionally agree(s) that Heart Fitness Carrollwood, LLC shall not be liable for any damages arising from personal injuries sustained by member, member’s children and/or member’s guests in connection with use of Heart Fitness, classes, personal services, including childcare in or about the premises. Facility shall not be responsible for any loss or theft or personal property. Member(s) hereby discharge(s) all employees, agents, officers, and other related corporations from any and all liability resulting from this agreement, including use of all services provided by the facility.
RULES AND REGULATIONS. Member agrees to follow club rules as promulgated from time-to-time. A copy of such rules is made apart hereof. The club reserves the right to terminate the member's right to use the club’s facilities of any person who does not observe the rules and regulations of the club or behaves in an unruly manner while utilizing the club facilities. This action may be taken without advance notice, refund of payments made or cancellation of payments due.
SEVERABILITY. If any part of this contract shall be held invalid, that part shall be deemed excluded from this contract and the remainder of the contract shall remain in full force and effect.
NOTICE. Any holder of this consumer credit contract 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.
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.
Entire Agreement. The Member and Heart Fitness acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except in written form executed by both parties.
CANCELLABILITY AND TRANSFERABILITY. This membership is not negotiable, transferable or cancellable except as otherwise provided herein. This Agreement will bind and insure to the benefit of Heart Fitness permitted successors and assigns.
NOTICE OF INTENT TO CANCEL. Except as otherwise provided herein for proper cancellation procedures, the notice of cancellation from the consumer shall be given in writing and shall also terminate automatically the consumers obligation to any entity to whom the health studio has surrogated or assigned the consumer's contract. If the health studio wishes to enforce such contract after receipt of such showing, it may request the Department of Agriculture to determine the sufficiency of showing. The business location of a health studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises:
Upon sale, for not more than 14 days; or
During ownership, for not more than 7 consecutive days and not more than 2 periods of 7 consecutive days in any calendar year. The member should contact the Florida Department of Agriculture and Consumer Services within 60 days in Heart Fitness goes out of business.
DURATION. The contract shall not be for a period of more than 36 months. If made for a greater period, it shall be deemed to be for 36 months only, notwithstanding any other provisions herein. The contract may be renewed at the end of its term under the provisions on page 1 of this agreement. This is not a lifetime or perpetual contract.
IDENTIFICATION CARDS. If the club requires the member to furnish identification 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.
PREPAYMENT. Should you (the buyer) choose to pay for more than one 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 law to provide any security, and there may not be other protections provided to you should you choose to pay in advance.
REGISTRATION. Heart Fitness Carrollwood, LLC is registered with the State of Florida as a Health Studio Facility under registration number HS14306.
If initialed, you consent to receive text messages during the term of this agreement and thereafter, sent through an automatic telephone dialing system. Consent to these terms is not a condition of purchase. At any time reply "STOP" to opt out of receiving text messages. Message and data rates may apply.
Arbitration Clause (optional at clients request): Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Membership Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be the city of your club location and state of your club location law shall apply. In the event of a claim arising out of or relating in any way to the Membership Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of this claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its third-party payment processor. Member understands and agrees that the member and the club are waiving the right to jury trial or trial before a judge in a public court neither the member nor the club shall be entitled to join or consolidate disputes by or against others in any arbitration or include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.