Membership Agreement
The Member acknowledges and agrees as follows:
1. iRace Training, LLC or any party designated by iRace Training, LLC may photograph or film me while I attend the premises of iRace Training, LLC and use of any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including, but not limited to, the internet.
2. In consideration of my being able to participate in any of the iRace Training, LLC training programs, I understand that I must purchase a single drop-in training session or monthly memberships and must read, agree to, and sign this agreement where I assume the risks for participation, waive of liability, and personal training policies and procedures.
3.Client must give 12 hours advanced notice to cancel scheduled appointments, less than 12 hours or a no-show will result in utilized session toward your membership.
4.Training sessions will begin at the time specified by the trainer and end 50 minutes from that specified time.
5. HOURS OF OPERATION - The hours of operation will be set by iRace Training and may be changed at iRace Training’s sole discretion. In addition, iRace Training reserves the right to make or change the rules and regulations for the operation and use of the facility. iRace Training also reserves the right to add, eliminate, substitute or alter any training program, class, trainer, employee, equipment, furniture or fixture when deemed necessary. No refunds will be given based on the termination or resignation of an employee, independent contractor, or any other action pursuant to this paragraph.
6.LOST ARTICLES – iRace Training assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 30 days will be donated to charity or thrown away.
7.DAMAGES- Members shall pay for any damages to iRace Training property which results from the willful or negligent conduct of Member, member’s guest, or dependent children.
8.SUSPENSION/TERMINATION OF MEMBERSHIP – iRace Training has the right to suspend and/or terminate any membership for non-payment of dues, fees, or for behavior inimical to the enjoyment of the iRace Training facilities by other members and staff for any reason deemed sufficient in the sole discretion of iRace Training. If iRace Training becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, iRace Training will extend the Member’s package privileges for the period the facilities were unavailable.
9. You, the buyer, may cancel this agreement within three (3) days following the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice. If iRace Training, LLC moves more than five. (5) driving miles of the location or closes indefinitely a refund will be provided for classes in the package that were not provided to consumers. Refunds shall be issued within 30 days after notice of cancellation.
10.The contract may be cancelled if the buyer dies or becomes physically unable to avail himself or herself a substantial portion of those services which he or she used from the commencement of the contract 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. The buyer of the buyer’s estate seeking relief under this paragraph may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under Chapter 458,459, 460, or Chapter 461 to the extent the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation.
11. A member’s notice of his/her intent to cancel shall be given in writing to the health studio. And that such a notice of cancellation shall also terminate automatically the consumer’s obligation to any entity to whom the health studio has subrogated or assigned the consumer’s contract. And that if the health studio wishes to enforce such contract after receipt of notice, it may request the department to determine the sufficiency of the notice.
12. That if the department determines that a refund is due to 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 in the contract term; or if appropriate, the number of occasions health studio services were not provided to the consumer. The business location of a health studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises: (1)Upon sale, for not more than 14 consecutive days; or (2) during ownership, for not more than seven (7) consecutive days in any calendar year. And that a refund will be issued within 30 days after receipt of the notice of the cancellation.
13. Members are advised to contact the Florida Department of Agriculture & Consumer Services for information within 60 days should the health studio go out of business.
14. The initial contract will not exceed 36 months and thereafter shall only be renewable annually. Renewal contracts may not be executed and the fee therefore paid until 60 days or less before the preceding contract expires.
15. If the health studio requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the studio will provide the buyer with the means of such identification.
16. SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN ONE (1) 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 FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.
iRace Training, LLC is registered with the State of Florida as a Health Studio. Registration no. is HS13285.
Liability Waiver
I understand that all programs are voluntary and that a Fitness Trainer will develop and guide me through my exercise program. During the program if my physical condition or medical limitations should change, I will notify the Trainer. I understand that it is recommended that I have a yearly physical or more frequent physical examination and consultation with my physician as to physical activity and diet so I am aware of what is appropriate for me. I acknowledge that I have either had a physical exam and have been given my physician’s permission to participate or I have decided to participate without approval of my physician.
I understand that I have the complete right to stop or decrease exercise at any time during a session and that it is my obligation to inform the Trainer of any symptoms such as fatigue, shortness of breath or chest discomfort
I realize that participation in the program, including but not limited to exercising, use of exercise equipment and strenuous exertion (strength training), all increase heart/respiratory rate and body temperature.
I understand that exercise involves certain risks, including but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death. Also, injuries could occur to bones, joints or muscles. Slips, falls, and unintended loss of balance could result in muscular, neurological, orthopedic or other bodily injury. I understand that part of the risk involved in undertaking any activity or program is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care and skill which I conduct myself in that activity or program.
Knowing the material risks and appreciating, knowing and reasonably anticipating that other injuries are a possibility, I hereby expressly assume all of the delineated risks of injury, all other possible risk of injury, and even risk of possible death, which could occur by reason of my participation.
I do hereby waive, release and forever discharge iRace Training, LLC from any and all responsibilities or liability for any present and future injuries or damages resulting or arising from my participation in any activities including but not limited to exercise, iRace events, personal/group training, or use of the equipment including any injuries and damages caused by the negligent act or omission of any of those persons or entities mentioned above.
I am over 18 years of age. (If not over 18 years of age, parent or guardian must sign.)