Terms and conditions for Grind Membership
1.Customers Right to Cancel -According to FL Law, you may cancel this Membership Agreement and Contract by sending notice of your wish to cancel to the seller before midnight of the third (3rd) business day after you sign the Membership Agreement. ‘Business day’ means Monday through Friday excluding state holidays and federal holidays. This notice must be sent certified mail. Procedures thereafter include within thirty days of receipt of this notice, the seller shall return any payments made and any note or other evidence of indebtedness. If you use the seller’s facilities or services, the seller may charge you a reasonable fee based on days of actual use.
(A) In addition, you or your estate may also cancel this Membership Agreement and Contract at any time by written notice to the seller at the office address if the following circumstances occur. (1) the customer’s death; (2) substantial physical disability certified by a physician, which makes it permanently impossible for the customer to use the seller’s services; If the Membership Agreement is cancelled because of disability, death or permanent change of residence, the seller shall return any note or other evidence of indebtedness and unearned prepayments as follows: for each month that the Membership Agreement was in effect, the seller is entitled to the rate a month or a treatment which it would have been charged if the Membership Agreement has initially been one for the number of months or the number of treatments for which the Membership Agreement was actually in effect.
(B) No refund shall be given to members that have paid in full for their memberships for any reason past the three (3) day right of cancellation. The right of cancellation shall affect only the financial obligations under the Membership Agreement and any Retail Installment Sale Contract and customer’s right to use seller’s physical fitness services.(RELEASEES), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. A physical disability sufficient to warrant cancellation of this contract by you can be established if you furnish to us a certificate of such disability by a physician licensed under the chapter 458, 459, 460, & 461 Florida Law. [s. 501.017(1)(d), F.S.]
(C) The contract provides for the cancellation and refund of the contract if the contracting business location of the health studio goes out of business, or moves its facilities more than five (5) driving miles of the business location designated in the contract and fails to provide, within 30 days, a facility of equal quality located within 5 driving miles of the business location designated in the contract at no additional cost to the buyer. [s. 501.017(1)(b)1, F.S.]
(D) The contract provides that notice of intent to cancel by the buyer shall be given in writing to the health studio. The notice of cancellation from the consumer terminates automatically the consumer's obligation to any entity to whom the health studio has subrogated or assigned the consumer's contract. If the health studio wishes to enforce the contract after receipt of the notice, it may request the department to determine the sufficiency of the notice.
[s. 501.017(1)(b)2, F.S.]
(E) The contract provides that if the department determines 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 may not be deemed out of business when temporarily closed for repair and renovation of the premises:
1. Upon sale, for not more than fourteen (14) consecutive days; or FDACS-10300 Rev. 02/17 Page IV of V
2. 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. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph. [s. 501.017(1)(b)3, F.S.]
(F) The contract provides that the initial contract will not be for a period in excess of thirty six (36) months, and thereafter shall only be renewable annually. A renewal contract may not be executed and the fee therefore paid until sixty (60) days or less before the previous contract expires. [s. 501.017(1)(e), F.S.]
1. The initial contract will not be for a period in excess of thirty (30) days. Renewal contracts may not be executed and the fee therefore paid until the preceding contract expires.
2. ALL sessions must be used within thirty (30) days.
(G) Grind Fitness is registered with the State of Florida as a Health Studio. Registration No. is HS12453.
(H) You are advised to contact the Florida Department of Agriculture and Consumer Services, Division of Consumer Services within sixty (60) days should this location go out of business.
AUTOMATIC RENEWAL PROGRAM: Provided that Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew for the rate indicated below. Renewal terms may be cancelled at any time provided a 30-day written notice is delivered to the club’s address in person or by certified mail. It is also understood that the club has the option to increase monthly renewal dues without notice during any renewal period.
2. Security Policy- I understand the premises are under video monitored 24 hour surveillance at all times and recorded digitally. I acknowledge that information obtained can be used to confirm violations and additional charges can be charged for confirmed violations. Grind Fitness requires the buyer to furnish identification upon entry to the facility as a condition of using the services of Grind Fitness. Grind Fitness shall provide the buyer with a membership card that must be used as this form of identification. In addition, for your protection, you will be required to present photo identification or have your picture in our check-in system.
3. Promise to Pay: You promise to pay the total of payments plus your total down payment according to your installment payment schedule outlined.
Membership payments are drafted and all other service payments shall be made to us at the address we give you unless we notify you in writing to make your payments to a different address.
4. Default: You are in default if we do not receive an installment payment from you within ten (10) days after it is due. You will be charged fee’s assessed to Grind Fitness from the bank, if a payment is not made within 10 days after it is due.
5. Health Screening: Grind Fitness reserves the right to decline/postpone membership to anyone having medical conditions requiring medical supervision. The member represents that he/she has no congenital, physical, or mental health problems that will preclude participation in the club membership. Specifically, the member represents he/she has no underlying cardiovascular, neurological, or any other illness that will preclude participation in the club membership.
6. Return Item Charges - A minimum fee of $35 + additional bank fee’s if applicable will be assessed to any member for a returned check or credit card draft as a result of insufficient funds.
7. Amending the Rule - I understand Grind Fitness reserves the right to amend or add or delete to these conditions and to adopt new conditions as it may deem necessary for proper management of the facility and business.
8. RULES AND REGULATIONS: MEMBER AGREES TO FOLLOW CLUB RULES AS PROMULGATED FROM TIME TO TIME. Violation of these rules may be the cause for suspension or cancellation of membership.
9. SEVERABILITY: If any part of this contract shall be held invalid, that part shall be deemed excluded from this contract and the remainder of the contract shall remain in full force and effect.
10. LAW APPLICABLE: Florida state law governs this Agreement.
11. ENTIRE AGREEMENT: The Member and GRIND FITNESS acknowledge that this Agreement constitutes their agreement. Any change to this agreement by the club will be done in written form and mailed or emailed to the member at the address listed on the front of this agreement or the current address provided by the member if changed by the member at the club.
12. CONFIDENTIALITY. You agree to keep specific terms of your training costs confidential.
13. TRAINING SERVICES. Grind Fitness agrees to provide an experienced and knowledgeable trainer (a "Coach") to provide training services to you.
EXPRESS WRITTEN CONSENT TO RECEIVE TELEMARKETING CALLS&TEXTS: by initialing below, member authorizes club facility and/or its service providers, including, without limit, 26 Sports Fitness Inc. to deliver, or cause to be delivered to member, at the telephone numbers provided by member in this agreement, telemarketing calls, informational calls, telemarketing texts and similar communications using an automatic telephone dialing system or an artificial pre-recorded voice. Member acknowledges that he/she is not being required to execute this consent (directly or indirectly) as a condition of purchasing any goods or services.
DISCLAIMER OF LIABILITY: GRIND FITNESS urges all members to obtain a physical examination from their physician prior to the use of any exercise equipment or attendance in any exercise class. It is expressly agreed that all use of the fitness facilities shall be undertaken by Buyer at his or her sole risk. It is further agreed that the Seller shall not be liable for any injuries or damage to Buyer or his guest, nor the property of any Buyer or his guest, not be subject to any claim, demand, injury or damage whatsoever, including but limited to those damages resulting from acts of passive negligence on the part of the seller, its successor or assigns or its officers and the agents. It is specifically agreed that the seller shall not be responsible or liable to Buyer or his guests for articles lost or stolen in the Club. The Seller shall not be responsible or liable for loss or damage to any other property of buyer or its guests, including their automobiles and the contents thereof. It is also agreed that any damage to the Club facilities or property, or the property of any Buyer by another Buyer or his guests, is the sole responsibility of the offending Buyer. Buyer agrees that he/she is responsible for any damage caused by the Buyer to the facility and equipment, and for any personal injury or property damage caused by Buyer to another Buyer, guest or to the property of either. Buyer further agrees to indemnify the Seller for any loss caused by Buyer for which the Seller is accused of held including reasonable attorney’s fees.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Grind Fitness has put in place preventative measures to reduce the spread of COVID-19; however, Grind Fitness cannot guarantee that you or your child(ren) will be completely protected from becoming infected with COVID-19. Further, attending class at Grind Fitness could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I am acknowledging the contagious nature of COVID-19 and voluntarily assuming the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Grind Fitness and that such exposure or infection may result in personal injury, illness, permanent disability, or death. I understand that the risk of becoming exposed to or infected by COVID-19 at Grind Fitness may result from my own actions or the actions, omissions, or negligence of others, including, but not limited to, Grind Fitness, employees, volunteers, and other individuals and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself, including, but not limited to, personal injury, illness, permanent disability or death, or any resulting damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at Grind Fitness. On my behalf, and on behalf of my child(ren), I hereby release, covenant not to sue, discharge, and hold harmless Grind Fitness, its employees, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I further understand and agree that this release includes any claims based on the actions, omissions, or negligence of Grind Fitness, its employees, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Grind Fitness program.