Test Form

Terms and conditions

MEMBERSHIP AGREEMENT

This Membership Agreement (“Agreement”) is between Free Motion Physical Therapy, Inc. DBA Free Motion Health and Fitness (the “Club” or “Seller”) and the undersigned applicant (“You”, “you” or “Member”). This Agreement includes and incorporates by reference (i) the provisions on the first page of this Agreement, (ii) the Terms and Conditions, (iii) any Guidelines of the Club as now in effect and as amended by the Club from time to time, and (iv) any such rules and regulations as may be posted at the Club from time to time.

MEMBER INFORMATION

Emergency Contact:

FLORIDA RIGHT TO CANCELLATION

YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE DATE THIS AGREEMENT IS SIGNED. NOTICE OF CANCELLATION SHALL BE IN WRITING SUBSCRIBED BY YOU AND DELIVERED IN PERSON OR MAILED TO THE CLUB AT 305 N FORT HARRISON AVE, CLEARWATER, FLORIDA 33755, ATTN: JULIAN COLLEWIJN. MONIES PAID UNDER THIS AGREEMENT MINUS AMOUNTS PERMITTED TO BE RETAINED BY THE CLUB UNDER FLORIDA STATUTE §501.017 “HEALTH STUDIOS; CONTRACTS” SHALL BE REFUNDED WITHIN THIRTY (30) DAYS OF RECEIPT OF SUCH NOTICE OF CANCELLATION.

SEE SECTION 3 OF THE MEMBERSHIP AGREEMENT TERMS AND CONDITIONS FOR ADDITIONAL CANCELLATION PROVISIONS.

TERM OF AGREEMENT

This Agreement requires a minimum term of three (3) months, from the Start Date to Commitment End Date written above. After the Commitment End Date, your membership will continue, and you will be charged on a month-to-month basis at then applicable monthly dues until you cancel in accordance with Section 3 of this Agreement.

You understand that this Agreement cannot be canceled except as specifically provided for in this Agreement.      

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NOTICE TO MEMBER: Please review this Agreement and its Terms and Conditions thoroughly as it is a legal contract between the Club and all members. By using the services offered at the Club, members are agreeing to the terms and conditions of this Agreement.

MEMBERSHIP AGREEMENT

Please read carefully the given terms and conditions

  1. MEMBERSHIP: Your membership is a contractual privilege to use the Club facilities, equipment and services, and is based upon the particular membership package purchased by You (collectively the “Club Facilities”) and offered from time to time by the Club for your type of membership during the Club’s published hours of operation. The Club reserves the absolute right without notice to add, change or eliminate any Club Facilities or membership types and to change its hours of operation. Your membership does not entitle you to any interest or ownership in the Club or its property and confers no right to participate in the management or operation of the Club. The membership types, the amount of initiation fees, dues and other charges payable by the members, the suspension and termination of members, and all other matters affecting or relating to your membership shall be in the Club’s sole discretion. Memberships and their corresponding fees may be adjusted by the Club upon advance written notice of the Member stating that the Member desires to change the membership type. Such change in membership type shall not be considered a membership cancellation or termination by the Member.

  2. PAYMENTS:
    1. Membership Payments. You agree to pay the initiation fee of $300.00 and the monthly dues set forth on the first page of this Agreement. Monthly dues and house charges shall be debited from your account through EFT or credit card on a monthly basis and will reflect the current month’s dues and the prior month’s house charges. Except as stated in this Agreement, all membership fees, dues and other payments are nonrefundable. You shall not be relieved of your obligations to make any such payments, and no deduction or refund of dues shall be made for your failure to attend or use the Club Facilities due to vacation, travel, or other personal commitments without a valid membership freeze in accordance with 2 (d) is in effect.

    2. Adjustment to Dues and Other Fees. Monthly dues, charges and fees for services are subject to change, as deemed necessary by the Club. The Club may increase monthly dues by providing you with a minimum of thirty (30) days written notice, unless your membership includes a pre-paid commitment, as the monthly dues for pre-paid commitments shall not be subject to change during the time of the commitment.

    3. Service Charges and Late Fees. If any payment to the Club, including by check, charge or bank draft, is not honored, or if your account is past due, the Club shall have the right to the following remedies, in addition to any other legal or equitable remedies available: (1) to assess a service charge of $30.00 for each dishonored transaction and require reimbursement for all costs of collection; (2) to assess a late fee of $20.00 for all past due accounts; (3) to collect the current and past due balances in any subsequent months; and/or (4) to suspend or terminate this Agreement. The Club reserves the right to change these service fees and late fees at any time. All payment disputes must be submitted in writing to the Club within 90 days of the disputed charge, to the extent permitted by law. The Club shall have the right to transfer any membership plan that the Club has decided in its sole discretion not to offer any longer to any of the Club’s then existing or newly created membership plans.

    4. Freeze Policy. Members with a monthly unlimited membership may put their membership on hold after the Commitment End Date, in one-month increments, for up to three (3) calendar months in one (1) year. The Club shall assess a fee of $100.00 for each freeze request submitted by Member. Notice of intent to freeze one’s account must be submitted to the Club via email at freemotiontherapy@gmail.com or in person to the Club no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months. Membership freezes shall not be honored during the 3 month commitment period.

  3. CANCELLATION:
    1. Additional Rights to Cancellation. After the initial (3) three-day cancellation period set forth on the first page of this Agreement, You or your estate may also cancel this Agreement for any of the following reasons: (1) if upon a doctor’s order, you cannot physically receive the services because of a significant physical disability for a period in excess of three (3) months; (2) if You die, in which case your estate shall be relieved of any further obligation for payment under this Agreement not then due and owing; (3) if You move your residence more than thirty (30) miles from any facility location operated by the Club (you must provide proof of new residence); or (4) if the services of the Club cease to be offered. Written notice of cancellation setting forth the reason for cancellation under this section shall be delivered in person or sent by certified or registered United States mail to the Club at the address in this Agreement. If your cancellation is due to a physical disability, written verification from a licensed physician must accompany your notice of cancellation. Any monies on account but unused, excluding the initiation fee, shall be refunded within thirty (30) days of receipt of a valid notice of cancellation; provided that, the Club may (A) retain the expenses incurred and the portion of the total price representing the services used or completed; and (B) demand the reasonable cost of goods and services which you have consumed or wish to retain after cancellation of this Agreement. Any reinstatement of a membership that is terminated, expired or canceled shall require a new membership agreement and the payment of an additional initiation fee.

    2. Cancellation by Member. You may cancel your membership at any time after three months (the “commitment period”), by giving the Club thirty (30) days advance written notice. Such cancellation shall be deemed effective on the first day of the calendar month following the expiration of the 30-day notice period and all outstanding dues and charges have been paid to the Club. You will remain liable for payment of dues and other charges for periods prior to the effective date of cancellation. If You prepaid your membership dues or other charges and are eligible to cancel your membership before the end of the prepaid period, the Club will refund prepaid amounts only for unused membership time. Any amounts due by You will be deducted from any refund due to you. If You cancel during your paid commitment period, you will remain responsible for paying 50% of the dues for the remaining commitment period. Until you provide written notice of cancellation as stated above and make all outstanding payments, you will continue to be charged monthly dues. Should You wish to renew any canceled membership, You may be subject to any then-existing Club waitlist.

    3. Cancellation by the Club. The Club may suspend or cancel your membership at any time for (1) failure to pay your monthly dues and other charges when due; (2) any other breach of this Agreement; or (3) any violation of the guidelines or other rules and regulations of the Club. The Club also has the right to cancel your membership at any time without cause. You will remain liable for payment of dues and other charges for periods prior to the effective date of cancellation. No refunds shall be made for membership dues and other charges except as specifically provided for in this Agreement. If your membership is terminated for cause, the Club reserves the right to retain the unused portion of any prepaid amounts made by You.

  4. GUIDELINES, RULES, AND REGULATIONS: You agree to abide by any posted Club Guidelines, and all rules and regulations of the Club, as the same may be amended from time to time at the Club’s sole discretion. Any member who, in the sole determination of the Club, violates the Club’s guidelines, rules or regulations, or is loud, offensive, uses profanity, harasses, is bothersome to other members, residents, guests or employees or otherwise behaves in an inappropriate or unbecoming manner, may be suspended or terminated by the Club.

  5. MEMBER’S HEALTH WARRANTY: You represent that you are in good health and have no disability, impairment, injury, disease or ailment, preventing you from engaging in exercise, any use of the equipment or any training or other activity or which could cause increased risk of injury or adverse health consequences as a result of exercise. You assume full responsibility for your use of the Club Facility and shall indemnify, defend and hold harmless the Club, its affiliates, agents, permitted assigns and employees, against any and all liability arising out of your use of the Club Facilities. A physical exam by your physician is recommended before commencing any exercise program and especially if you are elderly, pregnant, or unaccustomed to physical exertion.

  6. ACKNOWLEDGEMENT OF RISK: You, on behalf of yourself, and any dependent(s) and guests, represent that, You understand that engaging in physical exercise and the use of the Club Facilities includes an inherent risk of minor or major life threatening injury to persons and property, and death. You understand that risk of injury to persons and property includes, but is not limited to, injuries arising from or relating to (a) the use by You, your dependent(s), guests or others of exercise equipment, locker rooms, wet areas and other Club Facilities; (b) participation by You, your dependent(s), guests or others in any supervised and unsupervised activities, programs, classes, training sessions or events on or off the Club premises; (c) any personal training, massage therapy, instruction, supervision by the Club or its staff; (d) medical disorders that may occur from use of the Club Facilities such as heart attack, stroke, death, heat stress, sprains, strains, broken bones, and torn muscles, tendons and ligaments among others; (e) accidents that may occur anywhere in or around the Club (including common areas, fitness areas, locker rooms, steam rooms, saunas, etc.) or while traveling to or from the Club; and (f) theft or loss of property while using the Club Facilities. Accidental injuries include those caused by You or by other persons and those, for example, of a slip and fall nature. You, your dependent(s) and guests agree to use due care when using any of the Club Facilities and/or when participating in any Club activities.

    The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. The Club has put in place preventative measures to reduce the spread of COVID-19. However, the Club cannot guarantee that You or any member/employee of the Club will not become infected with COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that You MAY be exposed to or infected by COVID-19 by attending the Club Facilities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the Club Facilities may result from the actions, omissions, or negligence of yourself and others, including, but not limited to, Club employees and other members.

    If you are experiencing any symptoms that could be related to COVID-19 or in the event that you or a family member test positive for COVID-19, you agree to follow Club protocols in place at the time, and, in any event, will refrain from entering the Club or participating in any Club activities until you or your family member is at least 48 hours free of any an all symptoms.

  7. DAMAGE TO PROPERTY: You understand and agree that the Club is not liable for loss, damage or theft of your personal property or that of your guests while in or on the Club Facilities. You shall be responsible for any and all damage to any Club property caused by You, your guests or your dependent children.

  8. INDEPENDENT CONTRACTORS: From time to time the Club will make available to You and your guests the services of independent contractors. The Club does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available to You or your guests for any period of time, and hereby disclaims all liability arising out of such services.

  9. SEVERABILITY: If any provision or any part of any provision of this Agreement is held unenforceable, such provision or portion thereof, shall be severed from this Agreement, and such unenforceability shall not affect the other provisions of this Agreement.

  10. NOTICES: Please remember to inform the Club of any email, address or payment changes. Any notice given to You under this Agreement, shall be considered delivered when emailed to you or mailed to your address by certified mail. Any notice to the Club shall be considered delivered when emailed to freemotiontherapy@gmail.com, personally delivered or mailed to the Club’s address by certified mail.

  11. ASSIGNMENT: The Club may assign this Agreement in its sole discretion. You may not assign this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties’ respective successors and assigns.

  12. COUNTERPARTS: This Agreement may be signed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may be signed by electronic means, including DocuSign or any other electronic document signing system, all of which shall be binding and enforceable.

  13. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties with respect to the subject matter contained herein and supersedes any discussions, offers, proposals, agreements or promises with respect thereto. This Agreement may be modified only by a written amendment signed by You and the Club. Employees are not authorized to make any independent agreement with You.

  14. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. All actions arising under this Agreement shall be exclusively brought in a state or federal court in the city of Clearwater.

  15. ATTORNEYS’ FEES: If any action, suit, or other proceeding is brought relating to the enforcement or interpretation of this Agreement, the prevailing party shall recover all of such party’s reasonable fees and expenses, including attorneys’ fees and expenses incurred in connection with such action. This section shall not be deemed to provide for the award of attorneys’ fees for personal injury, or non-contractual claims.

  16. DISPUTE RESOLUTION: Any dispute related to this Agreement or your membership that cannot first be resolved through direct communication between Member and Club shall be submitted to mediation by a neutral third-party agreed upon by Member and Club in the State of Florida, county of Pinellas. The party requesting mediation shall submit a written request to the other party upon which the parties shall have 90 days to agree upon the neutral third-party who will mediate the dispute. If the parties do not agree on a neutral third-party within 90 days from the day that the written request to mediate is submitted, then Member and Club shall each choose a neutral third-party, and the two neutral third-parties chosen shall decide on a third neutral third-party who will mediate the dispute. Any dispute not resolved through mediation shall be submitted to binding arbitration under the Revised Florida Arbitration Code to be conducted in the State of Florida, county of Pinellas.

    IN WITNESS WHEREOF, the parties have executed this Agreement as of the Start Date first above written.

    By signing below, you agree that you have read, understood and received a complete copy of this Agreement. You agree to be bound by the Membership Agreement Terms and Conditions, the Guidelines of the Club, and such rules and regulations as may be posted at the Club from time to time, all of which are incorporated by reference in this Agreement. This Agreement will become effective when signed by you and accepted by the Club.

    Free Motion Physical Therapy, Inc. DBA Free Motion Health
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