Membership Agreement
CLUB INFORMATION
| Company Name: |
Aquila Fitness Consulting Systems, Ltd. Inc. (“Aquila”) |
| Aquila Address: |
1221 Brickell Ave Suite #1060, Miami, FL 33131 |
| Club Location Name: |
The Landingat MIA Health Club (“Club”) |
| Club Address (“Club Location”): |
7415 Corporate Center Drive, Suite C, Miami, FL 33126 |
BUYER PERSONAL INFORMATION
MEMBERSHIP PAYMENT INFORMATION
Your membership starts TODAY. It is a monthly agreement which you may cancel at any time with a 30-day notice and therefore ends when cancelled in accordance with Section 2 below. You are required to payyour membership fee regardless of how long you choose to maintain your membership. Amounts paid are non-refundable subject to the cancellation rights described in Section 2.
OTHER FEES
Aquila will provide you with a membership card. You agree to pay $15.00 for each lost membership card.
Sign:
DEFAULT RETURN PAYMENTS
Should you default on any payment obligation as called for in this Agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. You also agree to pay $20.00 for returned check or rejected EFT or RCC (defined in Section 1). If you are paying monthly dues by EFT or RCC, Aquila reserves the right to draft via EFT all amounts owed by you including any and all default return fees and service fees subject to appropriate State and Federal Law.
SECTION 1: PERIODIC PAYMENT INFORMATION
You understand that the minimum term of your agreement is 30 days, unless cancelled in accordance with Section 2(A)(i). Florida law requires the following statement in this Agreement: the initial contract will not be for a period in excess of 36 months, and thereafter shall only be renewable annually. Such renewal contracts may not be executed and the fee therefor paid until 60 days or less before the preceding contract expires. You want amounts you owe to Aquila under this Agreement (the "Agreement") to be paid through one of the following (select one):
Recurring charges to your debit card (“Debit”);
Recurring debits to your bank account through the ACH (an "EFT"); or
Recurring charges to your credit card account ("RCC")
Sign:
Your payment of your first month’s dues will be pro-rated based upon the effective date of the Membership Agreement and collected upon joining the Club. All subsequent payments will be due on the 1st of each month thereafter. Your signature below constitutes your authorization and agreement to the following terms for those debit, EFT or RCC charges. Specifically, you authorize Aquila, on a monthly basis, to charge your above listed credit or debit card account, or to initiate an EFT from the account you designated above or any successor or replacement card or account, for the monthly dues rate indicated above, and any other amounts you owe to Aquila under this Agreement, including any fees, and/or taxes. If your card or account expires or is replaced, you agree to promptly notify Aquila of your new card or account. This authorization will remain in effect until this Agreement is cancelled by you or Aquila pursuant to Section 2.
The amounts charged or debited to your account may vary each month from the amount shown above due to a change in the monthly dues, past unpaid dues and fees, increases in applicable taxes, or other fees and charges that you may owe. For EFT charges only, you understand that Aquila will notify you at least 10 days in advance of any EFT debit that will be more than one time the normal monthly debit amount. Upon your written request, Aquila will notify you if the amount of your EFT or RCC will vary by any amount.
If your EFT or RCC is rejected or returned unpaid for any reason, you authorize Aquila to resubmit it for payment one or more subsequent times in the future. If amounts you owe to Aquila are not paid because an EFT debit or RCC does not go through for any reason, your failure to pay those amounts may result in the suspension or termination of your membership, as described in Section 2(B)(i).
You may stop any EFT (debit to your checking or savings account by ACH or debit card) by notifying your financial institution at least 3 days before the scheduled transfer date.
SECTION 2: TERMINATION& CANCELLATION
2(A) YOUR RIGHT TO TERMINATE:
2(A)(i) Three-Day Cancellation:
You may cancel this Agreement within 3 days, exclusive of holidays and weekends, by mailing or delivering written notice to the Club Location. You shall be refunded any amounts previously paid, less an amount computed by dividing the number of complete days in the contract term into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract. A refund shall be issued within 30 days after receipt of the notice of cancellation made within this 3-day provision.
2(A)(ii) Cancellation due to Closure or Move of Club Location:
You are entitled to a cancellation and refund under this Agreement if the Club Location goes out of business, or moves its facilities more than 5 driving miles and fails to provide, within 30 days, a facility of equal quality located within 5 driving miles of the Club Location at no additional cost to you. If the Florida Department of Agriculture and Consumer Services (“Department”) determines that a refund is due the buyer, the refund shall be 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. The business location of a health studio may not be deemed out of business when temporarily closed for repair and renovation of the premises:(a) Upon sale, for not more than 14 consecutive days; or (b) During ownership, for not more than 7 consecutive days and not more than two periods of 7 consecutive days in any calendar year. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph. You should contact the Department for information within 60 days should the Club Location go out of business.
2(A)(iii) Cancellation Due to Death or Physical Inability:
You may cancel this Agreement if you die or become physically unable to avail yourself of a substantial portion of those services which you used from the commencement of the Agreement until the time of disability, with refund of funds paid or accepted in payment of the contract 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. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.
2(A)(iv) General cancellation policy:
You may cancel your membership at any time by filling out a cancellation request form and/or stop payroll deduction form (such notice must be given in writing to the Club Location). The notice of cancellation terminates automatically your obligation to any entity to whom Aquila has subrogated or assigned your Agreement. Accordingly, your membership will end 30 days from the date that Aquila receives your notice of cancellation, and Aquila will refund any unused prorated dues that you have already paid for the monthly billing cycle covering the date that Aquila receives your cancellation notice.
Even after your notice of cancellation, you authorize Aquila to charge or debit your account for any amounts you owe under this Agreement up to the date your membership ends and you agree to be bound by the terms and conditions of this Agreement until your membership ends. Notwithstanding any other language in this Agreement, you agree that all rights and obligations of both Aquila and you that are intended to survive cancellation of this Agreement will continue after cancellation and/or the end of your membership, to the extent permitted by law.
Sign:
2(B) AQUILA’S RIGHT TO TERMINATE:
2(B)(i) Termination for Cause
Aquila may, at its option, terminate your membership due to: (1) failure to properly complete and endorse the Agreement; (2) failure to make timely payment; (3) your monthly EFT/RCC payments being interrupted and your failure to provide an alternative within a reasonable amount of time; (4) failure to follow any Aquila policies, Club Location rules, or the terms of this Agreement; or (5) conduct that is improper or harmful to the best interests of Aquila or its customers. Termination is effective upon the date that Aquila mails you a written notification of termination. You are responsible for all fees incurred up to the date of termination.
2(B)(ii) Termination Without Cause
Aquila reserves the right to terminate your membership for any reason not listed above and not inconsistent with or prohibited by law. Termination is effective upon the date that Aquila mails you a written notification of termination. You are responsible for all fees incurred up to the date of termination.
SECTION 3: WAIVER & RELEASE
You understand that you will not be allowed access to the Club Location unless you read, sign and deliver to Aquila this Waiver and Release. You recognize that participation in the activities offered at the Club Location is strictly voluntary and acknowledge that some of the activities in which you will participate may be of hazardous nature and include strenuous physical exercise or activity. Recognizing this, you hereby certify that, to the best of your knowledge, you do not have any medical, physical, mental, or emotional health condition that would hinder or prevent your active participation in such activities. You agree to complete and sign a Pre-Activity Fitness Profile Form before participating in any exercise activities at the Club Location.
In consideration of your request to participate in the activities offered at the Club Location, you acknowledge and agree to the following:
1) You hereby assume full responsibility for all risk of injury or loss which may result from your participation in the activities offered at the Club Location.
2) You agree to indemnify and hold harmless, release and forever discharge, Aquila and their affiliates and instructors (and their respective partners, officers, agents, employees, and other representatives of any of the foregoing) from any and all acts of negligence and all claims and demands whatsoever, which you, any third person, or any persons acting on their behalf, have or may have against any of said indemnified parties, by reason of any accident, illness, injury or death of any person or persons, or damage to or loss, theft or destruction of any property, arising or resulting directly or indirectly from participation in the activities offered by the Club Location and occurring during said participation, or any time subsequent thereto.
3) You represent and warrant to Aquila and its contractors and instructors that the answers you have given in your Pre-Activity Fitness Profile Form are true and accurate.
4) The terms of this Release will serve as a release and assumption of risk for you and your heirs, executors, and administrators and for all of your family members. If contractors and/or instructors are utilized at the Club Location, they shall be covered by this release without regard to the nature of such contractors’ or instructors’ relationship, if any, to Aquila.
5) Nothing herein shall be construed as a waiver of any rights or benefits, which would otherwise be available under any applicable medical or Worker’s Compensation insurance carried by or for the benefit of the undersigned participant.
6) Aquila reserves the right to exclude anyone from the Club Location for any reason, including but not limited to situations in which such person’s continued use may be dangerous, any inappropriate behavior, or any other violation of rules which may be established from time to time.
SECTION 4: ACCIDENT MEDICAL INSURANCE
PLEASE NOTE THAT AQUILA STRONGLY RECOMMENDS THAT EACH PARTICIPANT HAVE SOME TYPE OF ACCIDENT MEDICAL INSURANCE FOR HIS/HER OWN PROTECTION AND OBTAIN A PHYSICIAN’S RELEASE FOR EXERCISE.
SECTION 5: MEMBERSHIP RULES
You agree to follow all rules and regulations now in force or in the future adopted by Aquila.
SECTION 6: CLUB LOCATION RULES
1) No one may use the Club Location before signing and returning all required member registration forms, including the Membership Agreement and Pre-Activity Fitness Profile Form. Additionally, a membership card is required for access to the facility. All members must have their cards scanned upon entry.
2) No one under the age of eighteen (18) years is allowed on the premises.
3) New members should familiarize themselves with health club equipment with the assistance of the staff trainer.
4) Fitness equipment is used at the member’s and guest’s own risk. Please do not exceed the schedule suggested by the trainer without his/her consultation. Time restrictions may apply to some equipment when the Club Location is crowded, and these restrictions must be adhered to.
5) Free weights must be returned to racks when finished.
6) No smoking, food, or alcohol allowed in the facility. Water and other liquids must be kept in sports bottles, or other appropriately approved containers.
7) No running, jogging, or horseplay.
8) A shirt and soft-soled athletic shoes must be worn on the exercise floor. No belt buckles or studded clothing.
9) No cursing, loud or abusive language.
10) Please read equipment safety and instructional signs carefully before using machines.
11) Use the equipment as it is intended to be used.
12) Insert weight pins fully into weight stacks. Do not use add-on weights or other objects or training aids unless provided by the facility and intended specifically for such use.
13) Keep head and limbs clear of weights and other moving parts. Do not drop weight stacks—return weights to starting position slowly.
14) Do not attempt any repairs or adjustments that are not part of the intended use of equipment.
15) Stop exercise if you feel weak, faint, nauseous, or unduly tired or uncomfortable.
16) Do not leave items in the day-use lockers following your workout. Items will be removed and discarded at member’s risk.
17) Please deposit all used towels into the appropriate receptacle.
SECTION 7: RESERVATION OF RIGHTS
Aquila reserves the right at any time to alter the hours of operation, and the right to amend the cost of, add, modify and/or eliminate any program, facility, activity, class or service of any club, in our sole discretion. Classes and equipment are available subject to demand and may be crowded at peak hours or may be discontinued or times changed if demand fluctuates.
SECTION 8: DELIVERY OF NOTICES AND MAIL
By your signature below, you give express consent to: (1) receive membership communications by text message, e-mail, or other means; and (2) receive marketing communications from Aquila by any means including mail, telephone, pre-recorded message, text message, instant message and other means.You may change your communication privileges by e-mailing to Aquila.
SECTION 9: LIMITATION OF LIABILITY
Unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. Specifically, neither an arbitrator nor a court can award either party any indirect, special, incidental or consequential damages, even if one party represented to the other party that they might suffer these damages.
SECTION 10: GOVERNING LAW
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.
SECTION 11: WAIVER OF JURY RIGHTS
In any civil action, counterclaim or proceeding, whether at law or in equity, which arises out of, concerns, or relates to this Agreement, and any and all transactions contemplated hereunder, the performance hereof, or the relationship created hereby, whether sounding in contract, tort, strict liability or otherwise, trial will be to a court of competent jurisdiction and not to a jury. Each party hereby irrevocably waives any right it may have to a trial by jury. Any party may file an original counterpart or a copy of this agreement with any court as written evidence of the consent of the parties hereto of the waiver of their right to trial by jury. Neither party has made or relied upon any oral representations to or by any other party regarding the enforceability of this provision. Each party has read and understands the effect of this jury waiver provision.
SECTION 12: SEVERABILITY
If any part of this agreement shall be held invalid, that part shall be deemed excluded from this agreement and the remainder of this agreement shall remain in full force and effect.
SECTION 13: ENTIRE AGREEMENT
The parties acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except in written form executed by both parties.
BY SIGNING BELOW, YOU ACKNOWLEDGE RECEIPT OF: (1) A FULLY COMPLETED COPY OF THIS CONTRACT EXECUTED BY BOTH YOU AND AQUILA AT THE TIME OF THE AGREEMENT’S EXECUTION; AND (2) A COPY OF THE RULES AND REGULATIONS HEREIN.
Name: (Print)
Signature:
Date:
CP Group Fitness Center Rules and User Waiver effective 7/12/2021
These additional rules are in place going forward in an effort to keep all of us safe and healthy and create the best possible experience for you while using the club.
Reservations and Check-ins
- To enroll on-line or to obtain more information please visit: www.thelandingatmiahealthclub.com.
- You agree to adhere to club policies related to reserve a spot in Group Fitness Classes
- You agree to adhere to club policies related to reserve a time to utilize the Gym.
- You agree to check in with the key tag you were issued upon joining each time you utilize the Gym.
Personal Protective Measures
- You agree to wear a face covering at all times.
- You agree to utilize hand sanitizer upon entry and exit of the Gym.
- You agree to bring your own water bottle
- You agree to adhere to social distancing
- You agree to sneeze into your elbow and cover your mouth when coughing
- You agree not to use the Gym if you exhibit any of the following symptoms.
- Fever
- Cough
- Shortness of Breath
- Chills
- Headache
- Muscle Aches
- Sore throat
- Loss of taste or smell
Cleanliness and Sanitation
- You agree to wipe down each machine and each piece of equipment you utilize before and after use with the cleaning products provided by the Gym.
Reporting
- You agree to notify the Property Management / or Manager office if you have been exposed or tested positive for COVID-19 within 14 days of you utilizing the Gym.
I understand that failure to follow the above rules may result in one or all of the following:
- Verbal Warning from Team,
- Suspension of Gym Membership
- Termination of Gym Membership
COVID-19 Membership Waiver Addendum effective 7/12/2021
- You hereby assume full responsibility for all risk of injury, illness or loss which may result from your participation in the activities offered at the Club Location.
- You understand and agree that COVID-19 is a communicable disease about which the medical field is still learning. You also understand and agree that COVID-19 is a disease that may be contagious before the carrier is symptomatic.
The property management team follows all CDC guidelines in its efforts to properly clean, sanitize and otherwise protect its members from the spread of the disease. However, the team must rely on individuals to assist in these efforts. To that end, you hereby agree to follow all member rules and requirements while in the fitness center facilities.
Name: (Print)
Signature:
Date:
The Landing at MIA Health Club (Aquila Fitness Consulting Systems, Ltd. Inc.) is registered with the state of Florida as a Health Studio Facility Registration Number HS12153