Body Dynamics Membership Agreement
THE MEMBER AGREES:
- That he or she is physically able to use the exercise equipment at Body Dynamics, and will do so at his or her own risk.
- Member may cancel the membership and receive a pro-rated refund in the event that Body Dynamics ceases operations, moves its facilities more than five (5) miles from 900 Pasadena Avenue South, South Pasadena, Florida, or fails to provide, within 30 days, a facility of equal quality, at no additional cost to the purchaser. Notice of intent to cancel by Member shall be given to Body Dynamics in writing. If Body Dynamics wishes to enforce the membership after receipt of such notice, Body Dynamics may request the Department of Consumer Services to determine the sufficiency of the showing. If the Department of Consumer Services determines that a refund is due to Member, the refund shall be computed by dividing the membership price by the number of weeks in the membership term and multiplying the result by the number of weeks remaining in the membership term. Body Dynamics shall not be deemed to have ceased operations 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. Member is advised to contact the Department of Consumer Services for information within 60 days should Body Dynamics cease operations.
- This is a Membership Agreement, which entitles Member to use the exercise equipment, lockers (while working out), and showers (after working out) of Body Dynamics during the hours of operation for the term of the Membership.
- The Membership is not transferable.
- Member may cancel the membership within 3 days, exclusive of weekends or holidays, of its making, upon the mailing or delivery of written notice to Body Dynamics and receive a refund of any payments made within 30 days.
- Membership may be cancelled if Member dies or becomes physically unable to avail himself or herself of a substantial proportion of the services he or she used from the commencement of the membership until the time of disability, with refund of membership until the time of the disability, with refund of membership payments paid in the amount computed by dividing the membership price by the number of weeks in the membership term and multiplying the result by the number of weeks remaining in the membership term. In order to receive a refund, Member or Member’s estate must provide proof of disability by furnishing a certificate of disability from a licensed physician or death certificate. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to Body Dynamics a certification of such disability by a physician licensed under Chapter 458, 459, 460 or Chapter 461 provided the diagnosis or treatment is within the physician’s scope of practice.
- Body Dynamics may cancel the membership without advance notice or refund of membership payments made if Member fails to abide by the rules and regulations as set by Body Dynamics from time to time.
- The membership shall not be for a period of more than 2 Years, but may be renewed upon acceptance by Body Dynamics.
- This is not a lifetime or perpetual membership.
- To take any consulting advice offered by Body Dynamics at his or her own risk.
- That he or she has been advised by Body Dynamics to consult his or her physician before beginning a program of strenuous exercise at Body Dynamics.
- The Body Dynamics shall not be liable for injury to the “Member” arising from the use of the equipment or facilities at Body Dynamics, or arising from the use of services or advice offered Body Dynamics.
- To release forever and discharge Body Dynamics from all claims connected with injury arising from the use of the equipment or facilities at Body Dynamics, or arising from the use of services or advice offered by Body Dynamics.
- To bring the same guest to Body Dynamics for a complimentary visit only once per year.
- To abide by all rules and regulations as set by Body Dynamics from time to time.
- To pay a $5.00 fee to replace his or her lost or stolen membership card.
- To pay for all damages caused by his or her careless or improper use of equipment.
Medical Cancellation Procedures:
If a member is physically unable to continue with their membership, they may cancel their account. The customers account must be current and they must provide proof of a permanent medical condition in order to cancel. Proof of this condition would include:
- Signed letter from Licensed Medical Professional stating permanent medical condition.
- 30 Day notice. And may send letter to AAC or Body Dynamics.
Relocation Procedures:
If a customer moves 30miles or more from the facility the customer may cancel their agreement with appropriate proof. Proof of this move would include:
- Copy of driver’s license with new address.
- Copy of utility bill with new address
- Must relocate at least 30miles away.
- 30- Day written notice
- Must be submitted to AAC
Term Freeze Procedures:
If a customer wishes to put a hold on an account, a freeze can be done to accommodate their needs. The freeze will extend the term of the contract. In order for this to occur the following procedures need to be met:
- A written request to freeze sent via regular mail, or delivered to the facility.
- Member must provide 7 days advance notice.
- Members must be in good standing and paid according the terms of your membership agreement.
- Members with payment arrangement must complete an installment agreement.
- Any installment due will be collected during your freeze.
- Freeze duration is a minimum of 30days and maximum of 365 days.
- $15.00 processing fee each time a freeze is requested.
“BODY DYNAMICS” AGREES:
- To maintain reasonable facilities and personnel to service the “Member” for the period of this contract, unless prevented from doing so because of damage, destruction, condemnation, or force.
- To allow the “Member” use of the exercise equipment, lockers and showers (subject to rules and regulations, and hours set by Body Dynamics from time to time) located at 900 Pasadena Avenue South, South Pasadena, FL 33707.
- To post advance notice of any changes in hours of operation, and hours of operation on holidays.
RULES AND REGULATIONS
In the event that the “Member” fails to follow the rules and regulations listed below and any other rules and regulations set by “Body Dynamics” from time to time, “Body Dynamics” reserves the right to cancel the contract, without advance notice or refund of payments made or cancellation of payments due.
THE “MEMBER” AGREES:
- To check in with membership card each time member enters the facility
- To return all equipment to the proper place as designated by Body Dynamics when he or she is finished with said equipment.
- To remove all barbell plates from all bars and machines and return them to the storage racks when he or she is finished.
- To respect the right of others to work out at Body Dynamics, and not to monopolize equipment.
- To use a towel and to dry his or her perspiration off upholstered surfaces of equipment, with his or her towel, if necessary.
- To wear proper clean exercise clothing, including closed toed shoes and a shirt, in the workout area at all times.
- To use protective rubber flooring when necessary to protect the carpet from damage caused by working with barbells or dumbbells on the floor, or damage caused by putting barbells or dumbbells on the floor.
- To dry off in the shower area before entering the locker room.
- Not to drop barbells, dumbbells, or barbell plates on the floor, storage racks or equipment racks.
- Not to allow weight stacks to crash down, or to return barbells, dumbbells, or barbell plates to equipment or storage racks with excessive force.
- Not to put barbell plates on the floor or stand on them against equipment or walls (use rack provided)
- Not to put barbells, dumbbells, or barbell plates on upholstered surfaces or equipment.
- Not to allow belt buckles to contact upholstered surfaces.
- To use a spotter at all times when using heavy weights. (Heavy being individual to each member and their strength.)
- Not to bring food or drinks into the workout area.
- Not to bring gym bags into the workout area.
- Not to deposit chewing gum on the carpet or equipment.
- Not to smoke or consume alcoholic beverages on the premises of Body Dynamics.
- Not to leave locks on lockers at times other than when he or she is working out. Body Dynamics reserves the right to remove locks that are left overnight, and assumes no responsibility for the contents of the lockers.
- Not to behave in a manner determined by Body Dynamics to be detrimental to the equipment, facilities, atmosphere, or safety of the guests, members, or staff of Body Dynamics.
- Not to behave in a manner determined to be unruly or unsafe to the guests, members or staff of Body Dynamics.
- To use collars on all barbells where plates have been added.
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