TERMS AND CONDITIONS
TERMS AND CONDITIONS for LJ BODY HOLDING INC. doing business as Iron Bodyfit at 90 NW 3RD STREET, RET 6, MIAMI, FL 33130.
Welcome to Iron Bodyfit (the “Studio”). The Studio is operated by LJ BODY HOLDING INC. and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). This agreement sets forth the legally binding terms for your use of the Studio. If you do not agree with all the provision of this agreement, do not access, and use the Studio.
LJ BODY HOLDING INC is registered with the State of Florida as a Health Studio. Registration No. DTN3875839
You acknowledge that prior to the subscription of this contract, the Member was able to visit the studio's facility, learn about the proposed performances, the opening hours, as well as the content of this contract and the studio's internal regulations.
MODIFICATION OF THESE TERMS OF USE
The studio reserves the right to change the terms, conditions, and notices under which this Studio is offered, including but not limited to the charges associated with the use of this
Studio.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Studio, you warrant that you will not use this studio for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this studio in any manner which could damage, disable, overburden, or impair or interfere with any other party's use and enjoyment of this studio.
USE OF COMMUNICATION SERVICES
The studio may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.The studio has no obligation to monitor the Communication Services. However, this studio reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
TERMS & CONDITIONS OF PURCHASE
These Terms & Conditions of Purchase apply to everybody who purchases any type of class, series of classes or package of classes (“Member”).
FEES AND PAYMENTS
1. Form of Payment. All payments are payable monthly by electronic funds transfer from the Member’s credit card account or debit card account. Member must authorize payments to be made through a third party administered electronic funds transfer system.
2. Member shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of member’s failure to use the facilities of SWISS MIAMI CORP.
3. Returned Payment Penalty. Member will automatically be charged any bank fee imposed on the Studio, plus a processing fee, for any returned payment item due to closed accounts, insufficient funds or similar issue. On such occasion, the Studio retains the right to collect the current and past due balances in any subsequent month.
4. Disputed Charge Penalty. In the event that a Member initiates a credit card dispute that is subsequently resolved in the Studio’s favor, the Studio shall have the right to charge Member up to $50 per occurrence.
5. The monthly membership fee charged for our services depends on the duration of the contract chosen by the Member
a. 3-month contract (13 sessions) = $275 per month
b. 6-month contract (26 sessions) = $225 per month
c. 12-month contract (52 sessions) = $195 per month
c. 12-month contract (52 sessions) = $1,950 per year
CLASSES
1. Cancellation of Classes. Member may cancel his or her reservation at the Studio by calling the Studio at the phone number specified on the Studio's website no later than forty-eight (48) hours prior to the reserved class in order to retain the full class credit. The Studio (in its sole discretion) may revoke Member’s class, at any time and without refund, in the event that Member engages in behavior that is unsafe or objectionable to other participants or staff, or for reasons of nuisance, disturbance to other participants or staff, moral turpitude or fraud, or personal hygiene and attire. The Studio also reserves the right to require Member to leave for the day if, in the Studio’s reasonable judgment, Member poses a health or safety risk to Member or others or is disturbing or likely to disturb other participants or staff.
2. Use Privileges. Member must abide by the individual rules of the Studio. Additionally, the Studio (in its sole discretion) reserves the right to revoke or suspend Member’s class, class series or class credits if Member has purchased a class, class series or class packages, and allows persons other than Member to use Member’s account to book and/or attend classes.
Suspension.
In the event of an accident, illness, pregnancy, professional transfer due to the employer or dismissal for economic reasons, the Member will be able to obtain a suspension for a maximum period of eighteen (18) months. This suspension will take effect one (1) month after receiving the Member's written request, accompanied by the corresponding supporting documents.
MEDICAL RECOMMENDATIONS, ORIENTATION AND ASSUMPTION OF RISK
Medical Recommendations. Member is strongly advised to consult with his or her physician or to have a physical examination before using any of the Studio’s facilities or enrolling in any of the Studio’s classes. Especially if Member is elderly, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to strenuous physical exertion or has any other physical limitations that could create an increased risk of injury or adverse health consequences from strenuous exercise. Pregnant women are prohibited from using the studio.
1. Orientation. Member is strongly encouraged to arrive early prior to their first class well as request ongoing support available at the Studio to ensure the proper and safe use of all of the Studio’s equipment.
2. Member Conduct. Member shall not use any Studio facility, service, or equipment in such a way as to endanger the health or safety of Member or others Member shall be responsible for any property damage or personal injury caused by Member and/or his or her guests. Member agrees not to violate any laws while in any Studio facility and agrees further to abide by all the Studio’s rules and regulations, as they now exist and as they may be amended from time to time in the discretion of the Studio.
3. Member Assumption of Risk. Member acknowledges that his or her participation in the Studio’s classes (and use of the Studio’s facilities necessarily involves a risk of severe, permanent physical injury (including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury, and paralysis) and death. By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, Member
WILLINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS.
The Studio cannot, and does not, guarantee that any facility, class, or equipment is free of risk of any and all accidents or injuries of any kind (including death).
4. Medical Disclaimer. Member has been informed and acknowledges that the Studio makes no claims as to medical or fitness results that can or may be obtained through use of the Studio’s facilities, equipment, or services. The Studio has neither suggested nor will suggest any medical treatment to Member. Only licensed medical professionals are qualified to give medical advice.
5. Member’s Health Warranty. By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, Member represents and warrants that he or she (i) is in good medical and physical condition, and that participation in the classes or use of the facilities does not pose any danger to Member’s health; (ii) has no medical or physical conditions that would preclude his or her participation in any of the Studio’s classes or use of the Studio’s facilities, or otherwise create an increased risk of injury or adverse health consequences as a result of strenuous exercise; and (iii) has not been instructed or advised by any physician against participating in strenuous physical exercise or exertion, participating in any of the Studio’s classes, or using the Studio’s facilities.
6. Member Waiver, Release, and Indemnity. By attending classes or otherwise participating in Studio activities, Member, on behalf of his- or herself, and on behalf of his or her heirs and assigns, expressly agrees to forever discharge, waive and release LJ BODY HOLDING INC and each of its subsidiaries and their respective members, officers, directors, affiliates, instructors, agents, employees and/or independent contractors (the “Released Parties”) from any and all claims, demands, injuries, liabilities, actions, causes of action and from all acts of active or passive negligence on the part of the Released Parties on account of any and all injuries or damages, including but not limited to bodily injury, mental injury, death and/or property damage from any event, mishap, accident, loss, damage or injury suffered resulting from or connected with or caused by the use of the Studio’s classes, services and facilities (including, without limitation, any locker rooms, or other equipment).Member further agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Released Parties from any and all claims, losses and liabilities arising from, connected to, and/or arising from his or her use of the Studio’s classes, services and facilities (including, without limitation, the locker rooms, or other equipment.) Additionally, Member and his or her guests shall hold the Released Parties harmless from any loss, theft, cost, claim, injury, damage, or liability incurred because of their use of the Studio and associated activities.
7. Prevailing Party. In the event Member commences an action against the Studio or its members, officers, affiliates, agents, or employees and fails to obtain judgment or partial judgment in Member’s favor, Member shall be liable to the Studio for all costs and expenses associated with Studio’s defense of the action or any claims on which Member did not prevail, including, without limitation, reasonable attorneys’ fees, and costs.
8. Costs of Collection. Member agrees to pay all costs plus reasonable attorney and collection fees in connection with Studio’s (or Studio’s designee’s) collection of any amounts owed by Member.
9. Loss of Property. Member is urged not to bring valuables onto the Studio premises and to always keep valuables with him or her. The Studio shall not be liable for the disappearance, loss, or theft of, or damage to, personal property (including money, negotiable securities and jewelry).
STUDIO RULES AND REGULATIONS
1. Member and Guests Rules. Member and his or her guests shall abide by the Studio’s rules and regulations and any amendments and/or modifications thereto.
2. Pets. Pets are not permitted in the Studio.
3. Dress Code. Proper athletic attire is required. The Studio reserves the right to make the final determination in its sole discretion regarding appropriate attire.
4. Independent Contractors. From time to time, the Studio may make the services of independent contractors available to Member and his or her guests. The Studio does not warrant or guarantee the quality of these services.
5. Guest Rules. Guests are permitted in the Studio, but only pursuant to such rules, fees and schedules as then may be in effect. All guests must register at the front desk and sign the Studio’s standard release agreement.
6. Special Events. The Studio may from time to time reserve the use of its facilities for special events, competitions, and private functions.
7. Change in Operating Hours/Temporary Closing of Studio. As a result of repair, maintenance, special occasions, or act of God, the Studio may be required to restrict the use or temporarily close its facilities or activities from time to time. Hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at the Studio’s discretion.
8. Children’s Use. Children under age 18 are not permitted in any Studio facility without the express permission of Studio management.
MISCELLANEOUS
1. Non-Discrimination. The Studio will not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin, or ancestry in considering applications for, or have taken other action in connection with, entrance in the Studio.
2. Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.
3. Enforcement. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified to give such provisions the maximum effect permitted by applicable law.
4. Governing Law; Jurisdiction. This agreement shall be governed in all respects by the substantive law of the State of Florida, without regard to its conflict of law principles. Member hereby unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in Florida for any actions, suits or proceedings arising out of or relating to this agreement.
5. Entire Agreement. These Terms and Conditions and regulations of the Studio, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to the subject matter hereof. This agreement may be modified only by an instrument in writing and only by the Studio.
MEMBERSHIP CANCELLATION / REFUND POLICYPer Florida Statutes 501.17:
1. Members are entitled to the penalty-free cancellation of this contract within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all monies paid under the contract, except that the health studio may retain an amount computed by dividing the number of complete days in the contract term occasions health studio services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that health studio services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation.
2. Members are entitled to the cancellation and refund of the contract if this business location closes or moves its facilities more than five (5) driving miles and fails to provide, within 30 days, a facility of equal quality located within five (5) driving miles at no additional cost to the Buyer.
3. This contract may be cancelled if the buyer dies or becomes physically unable to avail himself or herself of 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 or 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.
4. If the Studio goes out of business, please contact the FDAC’s office within sixty (60) days for information.
5. Relocation of Member: If the member moved at least 18 miles from an Iron BodyFit studio, member shall be entitled to a suspension and/or termination.
6. Prior written notice: Termination and /or suspension shall be made upon thirty days (30) written by certified mail. Upon termination, the sums already paid will be deducted from the amounts due.
7. Any notice of his/her intent to cancel shall be given in writing to the health studio. Such a notice of cancellation shall also automatically terminate the obligation to any entity to whom the health studio has subrogated or assigned the contract. If the health studio wishes to enforce such contract after receipt of such showing, it may request that any notice of his/her intent to cancel shall be given in writing to the health studio. Such a notice of cancellation shall also automatically terminate the obligation to any entity to whom the health studio has subrogated or assigned the contract.
8. Should the department determine 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 shall 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; orb. During ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year.
9. Please contact the Florida Department of Agriculture & Consumer Services for information within 60 days should the health studio go out of business to address any unresolved conflicts.
10. This contract may be cancelled if the buyer dies or becomes physically unable to avail himself or herself of 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 or 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.
11. 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.
12. The 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.
13. 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 health studio shall provide the buyer with the identification card
required.
NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use strictly in accordance with these terms of use. As a condition of your use of the Studio, you warrant to LJ BODY HOLDING INC that you will not use the Studio for any purpose that is unlawful or prohibited by these Terms. You may not use the Studio in any manner which could damage, disable, overburden, or impair the Studio or interfere with any other party's use and enjoyment of the Studio. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for the Studio. All content included as part of the Service, such as text, graphics, logos, images, videos, as well as the compilation thereof, and any equipment used in the Studio, is the property of LJ BODY HOLDING INC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. LJ BODY HOLDING INC Fitness content is not for resale. Your use of the Studio does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of LJ BODY HOLDING INC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content, and that You shall not broadcast or otherwise use any of the content for commercial purposes. We do not grant you any licenses, express or implied, to the intellectual property of LJ BODY HOLDING INC or our licensors except as expressly authorized by these Terms.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless LJ BODY HOLDING INC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Studio or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. LJ BODY HOLDING INC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LJ BODY HOLDING INC in asserting any available defenses.
LIABILITY DISCLAIMER
THE INFORMATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS STUDIO MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THIS STUDIO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS STUDIO AT ANY TIME. ANY INFORMATION OBTAINED SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THIS STUDIO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED AT THE STUDIO FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THIS STUDIO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THIS STUDIO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS PRACTICE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE STUDIO OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE STUDIO, OR OTHERWISE ARISING OUT OF THE USE OF THIS STUDIO, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THIS STUDIO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS STUDIO, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE STUDIO.
FORCE MAJEURE
Except for the payment of money, neither party shall be held responsible for any delay or failure in performance of any part of these Terms to the extent that delay or failure is caused by fire, flood, explosion, storm, earthquake, subsidence, epidemic, any other natural disaster, war (whether declared or not), threat or preparation for war, civil commotion, riot, invasion, terrorist attack, threat of terrorist attack, strike, lock-out, any other industrial action, embargo, government requirement, civil or military authority, act of god, act or omission of carriers, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, and or other similar causes beyond its control (“Force Majeure Conditions”). If any force majeure condition occurs, the party delayed or unable to perform (“Delayed Party”) shall give immediate notice to the other party (“Affected Party”), and the Affected Party, upon giving prompt notice to the Delayed Party, shall be excused from performance under these Terms for the duration of the force majeure condition, provided, however, that the Affected Party shall take all reasonable steps and cooperate with the Delayed Party to avoid or remove the cause of non-performance and shall resume performance hereunder with dispatch when the cause is removed; and provided further that if the Delayed Party cannot within sixty (60) days remove the cause of non-performance, the Affected Party may terminate these Terms.