MEMBERSHIP AGREEMENT TERMS AND CONDITIONS
It is agreed by and between Elev8d Wellness, LLC (“Elev8d”) and you, the undersigned buyer (“Member”), that you are purchasing a virtual training membership (“Membership”) from Elev8d, according to the terms conditions contained herein. The effective date of the Membership shall be the date this agreement is signed by Member and shall be for a period of 12 weeks (3) calendar months (“Membership Term”). Your dues of $25.00 per week, will be automatically billed and collected electronically upon purchase for a total sum of $300.00.
In exchange for the above payment, Elev8d agrees to provide Member with online access to classes containing personal training, mobility and stretching, yoga, breathing mediations and nutrition counseling. Each class will identify any equipment you are required to have and will include a video breakdown of each complex movement including coaching cues, as well as modifications for each movement.
CANCELLATION POLICY
I notice of my intent to cancel this Agreement shall be given in writing to the email address at the top of this Agreement, and such a notice of cancellation shall also terminate automatically your obligation to any entity to whom the Studio has subrogated or assigned this Agreement. If we wish to enforce this Agreement after receipt of the notice of cancellation, we may request the Florida Department of Agriculture and Consumer Services to determine the sufficiency of the notice. If the Florida Department of Agriculture and Consumer Services determines that a refund is due to you, 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.
AUTHORIZATION FOR AUTOMATIC PAYMENT
I authorize ELEV8D WELLNESS, LLC, to initiate debits to the account indicated below for payment of membership dues for ELEV8D WELLNESS, LLC. This authority is to remain in full force and effect until you have cancelled your membership, paid balance in full and a manager from ELEV8D WELLNESS, LLC has approved it. In the event that the member signs-up a spouse, another family add-on or additional individual at any time your signature on the initial contract is authorizing ELEV8D WELLNESS, LLC to debit for that other person.
NOTICE TO CONSUMER
You may cancel this contract without penalty within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the ELEV8D WELLNESS, LLC, and receive a 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 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 made within the 3-day provision.
In the event that ELEV8D WELLNESS, LLC determines that a refund is due to the buyer, the refund amount will be determined by dividing the contract price by the number of days in the contract term and multiplying the result by the number of days that have passed since the contract was made.
Buyer may cancel this contract and receive a refund if ELEV8D WELLNESS, LLC goes out of business or changes location more than five (5) driving miles from the location designated in this contract and fails to provide another facility of equal quality within 5 miles of the current location, within thirty (30) days. ELEV8D WELLNESS, LLC shall not be considered out of business when temporarily closed for repair of the premises: upon sale, for not more than fourteen (14) consecutive days; or during ownership, not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year. The buyer should contact the Florida Department of Agriculture and Consumer Services for information within 60 days should P ELEV8D WELLNESS, LLC go out of business.
If the buyer dies or becomes physically unable to avail himself of a substantial portion of the services which he used from the commencement of this contract until the time of his disability, the buyer may cancel this contract and receive a 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 remaining in the contract term. This contract requires the buyer or the buyer’s estate 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 ELEV8D WELLNESS, LLC a certification of such disability by a physician licensed under Chapter 458, 459, 460, or 461 provided the diagnosis or treatment is within the physician’s scope of practice.
I understand that SHOULD I (THE BUYER) CHOOSE TO PAY FOR MORE THAN ONE (1) MONTH OF THIS CONTRACT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THAT ELEV8D WELLNESS, LLC AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. ELEV8D WELLNESS, LLC 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.
PHOTOGRAPHY/VIDEO RELEASE
I understand that participants involved in any activities offered by Elev8d Wellness may be photographed or videotaped during training. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the Elev8d Wellness website or social medial accounts, or in any editorial, promotional or advertising material produced and/or published by Elev8d Wellness.
RELEASE AND WAIVER
I, the Client/Member/Buyer (hereinafter “Buyer”) acknowledge an assumption of risk and full release from liability of ELEV8D WELLNESS, LLC. Buyer acknowledges that the personal training/nutritional service programs purchased hereunder include participation in strenuous physical activities, including, but not limited to, aerobic dance, weight training, stationary bicycling, various aerobic conditioning machinery and various nutritional programs offered by ELEV8D WELLNESS, LLC ("The Physical Activities") Buyer acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and any other illness, soreness, or injury however caused, occurring during or after Buyer's participation in the physical activities.(Buyer further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of Buyer, slip and fall by Buyer, or an unknown health problem of Buyer. Buyer agrees to assume all risk and responsibility involved with participation in the physical activities. Buyer affirms that Buyer is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. Buyer acknowledges participation will be physically and mentally challenging, and Buyer agrees that it is the responsibility of Buyer to seek competent medical or other professional advice regarding any concerns or questions involved with the ability of Buyer to take part in the activities. By signing this Contract, Buyer asserts that he or she is capable of participating in the physical activities. Buyer agrees to assume all risk and responsibility for not exceeding his or her physical limits. Buyer, on behalf of Buyer, his or her heirs, assigns and next of kin, agrees to fully release ELEV8D WELLNESS, LLC. (As well as any of its owners, employees, or other authorized agents, including independent contractors) from any and all liability, claims and/or any litigation actions that Buyer may have for injuries, disability or death or other damages of any kind, including but not limited to punitive damages, arising out of participation in ELEV8D WELLNESS, LLC. activities, including, but not limited to the personal training/nutritional programs and the physical activities, even if caused by the negligence, gross negligence, intentional acts or omissions and/or other type of fault of ELEV8D WELLNESS, LLC. its owners, employees, or other authorized agents, including independent contractors.