Terms and Conditions
Release of Liability, Waiver, and Assumption of Risk
You hereby acknowledge and agree that use by Member of The Fit Yard, LLC facilities, services (including but not limited to group fitness classes, personal training, on-line personal training, Online (Virtual Classes) body composition, nutrition coaching, etc.) equipment or premises, involves risks of injury to persons and property, including those described below, and Member assumes full responsibility for such risks. The Fit Yard, LLC strongly recommended that Member receive a medical clearance from his/her private physician prior to starting or participating in an exercise training program. The Fit Yard, LLC's training programs are not designed for individuals with known heart disease with or without functional impairment.
In consideration of Member being permitted to enter any facility of The Fit Yard, LLC or utilize any services (including online virtual classes), for any purpose including, but not limited to, observation, use of facilities, services or equipment, or participation in any way, Member agrees to the following: Member hereby releases and holds The Fit Yard, LLC, its members, directors, officers, employees, contractors, participants, volunteers, lessors, insurers, agents, and all other persons or entities acting in any capacity on their behalf (hereinafter referred to as “Releasees”) harmless from all liability to Member and Member's personal representatives, assigns, heirs, and next of kin for any loss or damage, and forever gives up any claim or demands therefore, on account of injury to Member's person or property, including injury leading to the death of Member, whether caused by the active or passive negligence of Releasees or otherwise, to the fullest extent permitted by law, while Member is in, upon, or about The Fit Yard, LLC premises or using any The Fit Yard, LLC facilities, services or equipment.
In consideration of my being allowed to participate in the studio activities, classes, on-line or on-demand classes, instruction or consultation, I, for myself, my heirs, executors or anyone else who may claim on my behalf, hereby waive, release and forever discharge, Releasees from any and all responsibilities or liability from personal injury, death, damage to property or loss of any kind resulting from participating in any programs or my use of equipment due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, and also including the failure on the part of Releasees to safeguard or protect me from the risks, dangers and hazards of participating in a demo, party or lesson activity.
Member also hereby agrees to indemnify, defend, and hold Releasees harmless from any loss, liability, damage or cost Releasees may incur due to the presence of Member in, upon or about The Fit Yard, LLC premises, programs including but not limited to on-line coaching on-demand classes, consultations, or in any way observing or using any facilities or equipment of The Fit Yard, LLC whether caused by the negligence of Member(s) or otherwise.
You represent (a) that Member is in good physical condition and have no disability, illness, or other condition that could prevent Member from exercising without injury or impairment of health, and (b) that Member acknowledges that he/she has either had a physical examination and have been given my physician’s permission to participate, or that I have decided to participate in activity and/or use of equipment without the approval of my physician and do hereby assume all responsibility for my participation in activities and use of equipment in my activities whether at The Fit Yard, LLC premises or elsewhere. Such risk of injury includes (but is not limited to): injuries arising from use by Member or others of exercise equipment and machines; injuries arising from participation by Member or others in supervised or unsupervised activities or programs at The Fit Yard, LLC; injuries and medical disorders arising from exercising at and programs by The Fit Yard, LLC such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; and accidental injuries occurring anywhere in The Fit Yard, LLC dressing rooms, showers and other facilities.
Member further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. Member has read this release and waiver of liability and indemnity clause, and agrees that no oral representations, statements or inducement apart from this Agreement have been made.
This agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the State of Florida and no other jurisdiction, and any Litigation involving the parties to this agreement shall be brought solely within the State of Florida and shall be within the exclusive jurisdiction of the Courts of the State of Florida.
I understand this document is a contract and my signing of it is at my own free will. I understand that this contract is severable; that if any part of it is held by a court of law to be unenforceable, the rest shall survive. I agree that the venue to any legal action arising out of, concerning, or involving this document or the use of The Fit Yard, LLC – facilities or Releases will be held in Pinellas County, Florida. I also understand and agree that this agreement will remain in full force and effect forever and will apply to any and all visits, now and forever to The Fit Yard, LLC.
I do hereby grant The Fit Yard, LLC permission to use my likeness in photograph or video in any and all of its publications, including website entries and social media, without compensation or any other consideration. I understand and agree that these materials will become the property of The Fit Yard, LLC and will not be returned. I hereby irrevocably authorize The Fit Yard, LLC to edit, alter, copy, exhibit, publish or distribute images of me for purposes of publicizing The Fit Yard, LLC programs or for any other lawful purpose. In addition I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any rights to royalties or other compensation arising or related to the use of the photograph or video.
In entering this agreement, I am not relying on any oral or written representations or statements made by the Releasees other than what is set forth in this agreement.
I have read and understood this agreement and I am aware that by signing this agreement I am waiving certain legal rights, which I or my heirs, executors and representatives may have against the Releasees.
Membership Agreement
Whereas you desire to become a member of the Studio and cannot become a member without agreeing to the rules and regulations set forth below and abiding by the terms of this Agreement;
Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Check In Policy
Members must check in each time that they use the Studio. The Studio may either close or operate at reduced hours on holidays. Business hours, policies, and regulations are subject to change without notice.
2. Membership Fees and Cancellation
Membership use and services must be paid for in advance. All fees and schedules are subject to change without notice.
The obligation to pay dues is not dependent on the availability of all the Studio’s facilities. Special engagements, repairs, and maintenance of some facilities may make it necessary for the Studio to restrict use of, or close, one or more of the facilities. Fees will not be reduced or suspended during the time when one or more of the facilities are not available. Monthly Renewing Members may cancel memberships by notifying Studio personnel of his/her wish to cancel over the phone or in person, any time during business hours at least 10 days prior to the next billing cycle to be cancelled. There are no refunds for membership fees, and the Studio will not prorate a cancelled membership.
3. Three-Day Right of Recession
New members have three days after signing this Agreement to cancel their membership without penalty. If the Agreement is cancelled within three days, the Studio will return to the member within thirty days all amounts paid. To cancel, new members must call or come into the Studio and inform the front desk personnel of their wish to cancel.
4. Freeze Policy
Members may put their membership on freeze. Notice of freeze must be given to Studio personnel over the telephone or in person any time during business hours prior to the first day of the billing month to be frozen. Members will not be billed for the frozen period nor can classes be booked during that period. Billing will resume automatically upon end of freeze.
5. Cancellation / No-Show Policy
Reservations may be canceled without penalty up to 12 hours before class using your app, online, or by calling the studio. Cancelations and No-Shows of less than 12 hours (“Late Cancels”) will result in forfeiture of the class (for “Packs” and Monthly Renewing Members, other than those members with an Unlimited Monthly Renewing Plan). Unlimited Monthly Renewing Plan members will be charged $5.00 for each Late Cancel exceeding 3 in a calendar month.
6. Attire
Proper attire is required for participants using the Studio. Shirts, shoes, and clean, un-torn clothing are mandatory. No bathing suits or briefs without tights or leg coverings are allowed. Proper footwear must be worn at all times and excludes open toed shoes, thongs, sandals, street shoes, bare feet, or slipper-type shoes. Shower shoes may be worn in the locker and shower rooms.
7. Equipment
All equipment must be used as designed. If member is not familiar with use of equipment, he/she must arrange instruction with a staff member. Instruction is available to members as part of their membership. Members must be familiar with and observe Studio rules and regulations posted in the Studio area. Members who do not observe Studio rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate membership to anyone who refuses to observe any of the Studio's rules or regulations.
8. Conduct
The Studio is committed to the health, safety, and welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. The Studio has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership of any member engaging in unacceptable behavior.
9. Training
The Studio is staffed in part by Fitness Trainers. It is up to the sole discretion of the owner to determine if anyone other than the trainers employed (i.e., outside trainer/independent contractor) may do business within the Studio.
10. Lockers
Lockers are available for day use only. Articles left overnight will be removed.
11. Age Policy
Members (including guests) must be at least 12 years old. Persons under 18 require a parent or legal guardian signature to become a member. Ages 12-18 must be accompanied by a parent or legal guardian in the facility at all times. Ages 18 and above are considered adults and fully responsible for themselves.
12. Damages
Members shall pay for any damages to the Studio’s property which results from the willful or negligent conduct of member, member's guest, or dependent children.
13. Lost Articles
The Studio assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity.
14. Guests
Guests may enter the Studio upon payment of a fee determined by the Studio from time to time. Guests must sign the Guest register and show a form of photo identification. Guests must be at least 18 years old.
15. Smoking, Food, and Drink
No smoking is allowed in any part of the facility. No food or drink is allowed beyond the lobby. Water may be taken into workout areas if it is in a non-breakable, enclosed container.
16. Cancellation of Membership by Member
A late payment fee of $25 will be charged on any payment past due. Membership fees must be paid on or before the first day of the month when due. Membership may be cancelled, at any time at the discretion of the Studio if fees are not timely paid.
17. Change of Rules and/or Regulations
The Studio reserves the right to add to, change or remove rules, conditions of membership, opening and closing hours and the services and facilities offered by the Studio from time to time.
18. Waiver, Release and Assumption of Risk
A. The undersigned member (hereinafter referred to as Member) understands and agrees that he/she is voluntarily participating in physical activities which may expose Member to some level of risk or injury, and Member represents that he/she is aware of the nature of these activities and agrees to accept any and all risks associated with participation in these activities.
B. Member represents that he/she is in good physical health, and that Member shall notify the Studio in writing if he/she becomes unable to participate in an activity due to some physical or mental considerations. In consideration of the Studio allowing Member to participate in physical activity within the facilities of the Studio and use the Studio’s equipment, Member agrees to indemnify and hold the Studio harmless, as well as its directors, agents, officers, and employees, against loss (including reasonable attorney’s fees) from any and all claims of negligence, demands, rights, or causes of actions of any kind or nature that may hereafter at any time be made or brought by Member or on Member’s behalf for any known or unknown, foreseen and unforeseen bodily or personal injuries, damages to property and consequences thereof which may be sustained by Member as a direct or indirect result of participating in the aforementioned activities and use of the equipment of the Studio.
C. The provision of this Paragraph shall continue in full force and effect even after the termination of Member’s membership in the Studio.
19. Miscellaneous
A. This Agreement contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
B. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
C. Member has read, and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) Member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 or older and mentally competent to enter into this Agreement.