INFINITY COCOWALK: 3-MONTH UNLIMITED TRAINING MEMBERSHIP AGREEMENT
FIRST MONTH $1.00 + $159.00 PER MONTH (MONTHS 2-3)
FIRST MONTH $1.00 + $159.00 PER MONTH (MONTHS 2-3)
The words “you” and “your” mean the Member listed above (and the Buyer signing below with respect to payment). The words “INFINITY,” “Studio,” “we,” “our,” and “us” refer to IBF Cocowalk, LLC, which independently owns and operates an INFINITY location at 3015 Grand Ave., Suite 216, Miami, FL, 33133, registered with the State of Florida as a Health Studio under no HS15271. This contract is between you and us. I hereby authorize IBF Cocowalk, LLC to charge my credit card in lieu of presenting it for any services, retail terms, packages, or memberships upon my request. This membership agreement is for a term of three (3) months, starting from the date you sign this Agreement. By signing below, you authorize us to automatically charge the card you have specified: (1) on or after the same day of each month for monthly membership fees until either you cancel or we terminate this Agreement in accordance with its terms, or 36 months from the date of this Agreement if you do nothing, whichever is earlier; and (2) in lieu of presenting it for any goods or services received. You acknowledge and agree that we may change the amount of your recurring monthly membership payment or the price for additional sessions per month after providing you written notice at least 30 days in advance of such a change, to be mailed or emailed to you at the address(es) you provide above or to any updated mailing address or email address of which you notify us in writing. You, the buyer, may choose to cancel this Agreement at any time prior to the third business day after the date you sign this Agreement or up to seven business days after the studio grand opening date. After this initial 3-day or 7-day period your membership will continue after its term on a month-to-month term until: (i) your membership is canceled by you or terminated by us; or (2) until 36 months from the date of this Agreement, whichever is earlier. To cancel this Agreement, please visit our Studio, with address listed above, and sign our cancellation form – at that time you will immediately be charged the full retail price, plus sales tax (if applicable) on: (a) any product(s) given to you as an incentive upon purchasing your membership; and/or (b) any sessions, or services enjoyed from the point in time you purchased your membership through when you signed our cancellation form at our Studio. Your cancellation request will be effective 30 days after it is received. Any payments due under this Agreement prior to the cancellation or termination effective date will be charged by us as scheduled. Unused monthly sessions do not carry over to subsequent months. Any unused monthly sessions will be forfeited at the end of each monthly membership period. Description of Services: This 3-Month Membership includes: unlimited group training sessions per month; unlimited gym sessions to work-out on your own; unlimited access to recovery tools (massage guns, massage spheres, and massage rollers); and one (1) body scan. You acknowledge and agree that we have the sole discretion to make changes to the type and quantity of classes, equipment, or operating hours, provided such changes do not materially diminish the services being offered. Use of Personal Information, Image, Likeness, and/or Voice: We may photograph, record on audio or video, or otherwise record INFINITY sessions, or client use of the Studio. In exchange for your use of the Studio or your participation in any INFINITY session, you understand, acknowledge, and agree that you may be photographed, recorded on audio or video, or otherwise recorded while at the Studio, and hereby agree and consent for all purposes to the sale, reproduction, and/or use in any manner of any such photograph, audio, video, or other recording or depiction of your likeness and/or voice whatsoever by us, any INFINITY studio, IBF Franchisor, LLC, any past, current or future affiliated company, and any nominee or designee of us or them, including without limitation any agency, client, periodical or other publication, in all forms of media, whether now or hereafter devised, throughout the world and in perpetuity, and in all manners, including without limitation advertising, trade, display, editorial, art, and exhibition. You further understand and agree that any such photograph, audio, video, or other recording or depiction of your likeness and/or voice may be modified, altered, cropped, and combined with other content such as images, video, audio, text, and graphics, and hereby waive any right that you may have to inspect or approve any finished image, video, or audio containing a depiction of your likeness or voice. You further agree that the Studio, any other INFINITY studio, IBF Franchisor, LLC and any current or future affiliated companies may use any information gathered in this form or through your use of the Studio or participation in any INFINITY session, provided the information does not personally identify you or provide facts that could lead to your identification, for any purpose, including without limitation research, product and program improvements, and statistical purposes. You agree to hold harmless and indemnify the Studio, any other INFINITY studio, IBF Franchisor, LLC and any past, current or future affiliated company from and against any and all liability, damage, loss, and/or claims of any kind or nature whatsoever, including, without limitation, any and all claims and demands relating to libel, invasion of privacy, and violation of publicity rights. Limitations to Frequency of Use by Membership Type: There may be limitations to access to specific experiences. We reserve the right to modify with proper notice. Rules and Policies: These Rules & Policies, as modified and amended from time-to-time (the “Rules & Policies”), are incorporated into and a part of the Client Intake Form and Membership Agreement as applicable. Neither IBF Franchisor, LLC nor any of its past, present, or future subsidiaries, successors, assigns, or affiliates, or their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, investors, attorneys, employees, or representatives is a party to the Rules & Policies and/or Client Intake Form. Capitalized terms used but not defined in the Rules & Policies and/or Client Intake Form have the meanings given to them in the applicable document within the Client Intake Form and Membership Agreement. Session Capacity: INFINITY training, nutrition and recovery sessions are limited in size, by experience or room, and may reach capacity. Purchasing a membership or package sessions does not guarantee your ability to attend sessions, in any experience or room, that have reached capacity and for which you did not register in advance. Waitlist Procedure – Training experience: If you are a member or class package holder, you may add yourself, or request that a concierge add you, to the waitlist of any normally scheduled Training session. Being added to a waitlist, however, does not guarantee your entrance into a session. If you are on a waitlist for a session and a spot opens at least 8 hours in advance of the session, you will be automatically added into the session. If you fail to show up for the session, you may forfeit a membership or package session or be charged for the session as set forth below in the Late Arrival Policy. Please see a studio concierge for more details regarding the waitlist sign-up process. Reserving your Starting Location - Training experience: Not to be confused with reserving a spot in session, reserving your starting location in the Training experience is available on a first-come, first-served basis and can be done so via the Infinity app. Entering the Training experience: For the safety of all members and guests, you will not be permitted in the Training experience unless a coach is present. 8 Hour Cancellation Policy: INFINITY enforces a strict 8-hour cancellation policy. If you have reserved your place in a training, nutrition or recovery session, but fail to cancel 8 hours in advance and fail to show up for the respective session, your credit card on file may be charged the applicable Late Cancel / No Show fee of $15.00 (if a member) and/or you will forfeit the same session (if a package holder). Late Arrival Policy: INFINITY enforces a strict Late Arrival Policy. If you are more than 5 minutes late for your training, nutrition or recovery session you will lose your spot and will incur a Late Cancel Charge of $15.00 (if a member) and/or forfeit a session (if a package holder). You must be on time to attend each INFINITY session. No entry into any session after 5 minutes. Dress Code Policy – Training experience: INFINITY wants you to come to Training sessions fully prepared for strenuous activity: enclosed running/cross training shoes, athletic shorts/pants, athletic t-shirt, towel and water bottle. A sports bra is considered an appropriate athletic top for women. We reserve the right to refuse entrance to any client who is not properly attired or is wearing clothing that may be considered offensive to other members such as, but not limited to, a t-shirt with vulgar, sexually suggestive, or racially offensive language or graphics. If you are refused entrance, you may forfeit a membership or package session or be charged for the session as set forth above. Children in the Training experience Policy: Children under the age of 14 are not allowed in the Training experience at any time. Children ages 14-17 are permitted in the Training experience and may work out without parental or legal guardian supervision or accompaniment, provided the parent or legal guardian has first signed any required paperwork pertaining to such use. Membership Freeze Policy: You have the option to freeze your membership for a minimum of 14 days and a maximum of 60 days. You may freeze your membership up to 2 times per year (for a maximum of 120 days per year). You cannot freeze your membership for more than 60 consecutive days. During any freeze period, you will be charged a monthly suspend fee of $15.00 on the regular autopay (EFT) date. Freeze requests must be submitted a minimum of 2 business days before the effective date Personal Property Policy: The Studio is not liable for any damaged, lost, or stolen personal items, including items stored within lockers inside the Studio. Termination: We reserve the right to terminate or refuse to renew your Agreement for any reason not prohibited by law including, but not limited to, an unsatisfactory payment history or failure to comply with any rules, policies, or modifications to rules or policies during this Agreement’s term. We reserve the right to collect at any time any delinquent or outstanding balance(s) that has not been paid including for any services or products provided or monthly payments owed. For purposes of identification and billing, you agree to provide us with current, accurate, complete, and updated information including your name, address, telephone number, and applicable payment data. You agree to notify us promptly of any changes in your information, including any changes to your method of payment. Death or Disability: Cancellation of the contract may occur if the member dies or becomes physically unable to avail himself of substantial portion of those services which (s)he 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 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 remaining the contract term. INFINITY may require a buyer or the buyer's estate seeking relief under this paragraph to 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 studio a certification of such disability by a physician licensed under the State we are located, provided the diagnosis or treatment is within the physician's scope or practice. Permanent Relocation: Should member permanently move their residence more than 25 miles from any INFINITY location, payment on this agreement will be suspended upon acceptable written verification (cancellation request form) of the move is received by INFINITY. Withstanding not a cancellation under this clause, the member shall remain liable for all installment payments prior to the date of move. Acceptable proof is defined as a newly issued driver's license or recent utility bill with the member’s name and address. Early Termination: An early termination fee of $199.00 may be paid by the member to terminate the membership agreement prior to the term for any reason. The early termination fee will be collected at the time of cancellation and the member agrees that no prorated refund of membership dues shall be owed to them. Assumption of Risk, Release, Waiver of Liability, and Indemnification: We urge you to obtain a physical examination from a physician prior to initiating any exercise program. INFINITY Training sessions and INFINITY cardio-metabolic testing are not designed for individuals with known heart disease with or without functional impairment. You understand and agree that there is a risk of injury associated with participation in any INFINITY session and that there exists the possibility for certain conditions occurring during or following training and/or use of nutritional test and/or recovery equipment or tool. In recognition of the possible dangers connected with any INFINITY activity or use of equipment; by signing this Agreement you understand, acknowledge, agree, and hereby voluntarily accept all risk and responsibility associated with the services provided and use of any of the facilities or tool at any INFINITY studio. You acknowledge that it is your responsibility to disclose any medical condition or medication that could limit or prevent you from performing physical activity or using equipment or tool at any INFINITY studio. You acknowledge that we may require you to provide written physician approval before you may use or participate in any physical activity or use any equipment or tool at the Studio. You acknowledge that you may decrease or stop at any time the use of any equipment or tool and/or any physical activity you perform at the Studio and that it is your obligation to inform the Studio’s staff of any medical symptoms or issues that arise while at the Studio. You hereby waive all claims, assume all liability, and release, hold harmless, indemnify, and agree to defend us, IBF Franchisor, LLC (the franchisor of the INFINITY system and the entity who granted us contractual authority to independently own and operate our franchised location), and any past, current or future affiliated company, and any other INFINITY studio, and any owner of any other INFINITY studio you may visit, and any of our or their respective affiliates, successors, assigns, agents, representatives, and employees, from liability for any injury, claim, cause of action, suit, demand, and damages (including, without limitation, personal, bodily, or mental injury, property damage, economic loss, consequential damages, and punitive damages), arising from or related to: (1) your failure to disclose any pre-existing conditions, limitations, or sensitivities; (2) your presence on the premises of any INFINITY studio; (3) your participation in any INFINITY session, or use of any equipment or tool at any INFINITY studio; and/or (4) any negligence on our part (including our employees) or on the part of any employee at any other INFINITY studio. You further expressly agree that this Assumption of Risk, Release, Waiver of Liability, and Indemnification is intended to be as broad and inclusive as permitted by law, and that you expressly agree to waive the protections, rights, and benefits you may have relating to this Assumption of Risk, Release, Waiver of Liability, and Indemnification. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. You expressly agree that if any portion of this Assumption of Risk, Release, Waiver of Liability, and Indemnification is held invalid, the balance shall be valid and continue in full legal force and effect. These provisions are binding on you, your estate, family, heirs, administrators, personal representatives, and assigns. Binding Individual Arbitration and Class Action Waiver: Any disputes arising out of or relating to this Agreement or your participation in any INFINITY session or use of any equipment or tool at any INFINITY studio, including any such dispute with IBF Cocowalk, LLC, IBF Franchisor, LLC, and any past, current or future affiliated company (collectively defined as “Disputes”), shall be governed by Florida law regardless of your country or state of origin or the location of any INFINITY studio you visit, and notwithstanding any conflicts of law principles. Any Disputes shall be resolved by final and binding individual arbitration, rather than in court, and without a jury, except that you may assert claims in small claims court if your claims qualify. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the Studio at the address or email address listed at the top of this Membership Agreement. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules (available at www.adr.org). Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation, or scope of this Agreement, and who are proper parties to the Arbitration, shall be submitted to and ruled on by the Arbitrator. Arbitration costs and reasonable documented attorneys’ fees and costs of both parties shall be borne by the party that ultimately loses. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. Any dispute resolution proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action. Neither you, we, nor any other person may pursue a Dispute in arbitration as a class action, private attorney general action, or other representative action, nor may any Dispute be pursued on your behalf in any litigation in any court except as provided above. You may opt out of binding arbitration, class action and jury trial waiver by notifying us in writing within 30 days of signing this Agreement unless a longer period is required by law. Your written notification must be sent by certified mail, or courier delivered, with certification of receipt, to the Studio at the address listed at this Membership Agreement within 30 days of the date you sign this Agreement and must include your name, your address, and a clear statement that you do not wish to resolve Disputes through arbitration. Authorization for Phone Calls and Text Messages: By providing your phone number and signing this Agreement, you consent to and authorize us, IBF Franchisor, LLC, any past, current or future affiliated company, and/or their agents to call or send you text messages to the number you provide regarding: (1) session reminders, waitlists, account balances, and/or transactions; and (2) INFINITY promotions or advertising. You acknowledge that these calls or text messages may be sent via auto dialer, and that standard message and data rates may apply. You are not required to authorize calls or text messages to become an INFINITY member, and you may opt-out at any time by request if called or by replying “STOP” in response to a message. Cancellability and Transferability: This membership is not negotiable, transferable, or cancelable except as otherwise provided herein. Notice of intent to cancel by the buyer shall be given in writing, using the cancellation request form available at the studio, with 30 days’ notice to INFINITY. Member may cancel at any time and for any reason with payment of the early termination fee for term memberships. Any refund due shall be issued within 30 days after the receipt of the notice of cancellation made within the 7-day provision herein. 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. Notice: Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder. Jurisdiction: To the full extent permissible by law, for purposes of any dispute arising out of this agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the State of Florida and to the application of State of Florida Law. Any action hereunder shall be brought in Miami-Dade County, Florida. A condition precedent to any suit or action arising from any dispute between the parties, if required by Florida Law or either of the parties, shall be mediation with an independent mediator selected by both parties, with the parties sharing equally in the mediator's fees. Entire Agreement: You, as the Member, and us, as INFINITY, acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except in written form executed by both parties. ATTENTION: this Agreement includes a binding individual arbitration provision and class action waiver that affects your rights under this agreement. By signing this Agreement, you acknowledge you have read the entire agreement, including but not limited to our rules and policies. Florida Statutes’ Provisions under Section 501.017
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, or if appropriate, 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.
Members are entitled to the cancelation 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 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.
A member’s notice of his/her intent to cancel shall be given in writing to the health studio. And that such a notice of cancellation shall also terminate automatically 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 such contract after receipt of the notice, it may request the department to determine the sufficiency of the notice.
That if the department determines that a refund is due by 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 heath 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; or b) During ownership, for no more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year. A refund will be issued within 30 days after receipt of the notice of cancellation.
Members are advised to contact the Florida Department of Agriculture & Consumer Services for information within 60 days should the health studio go out of business.
The contract may be cancelled if the buyer dies or become 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 cancelation of the contract by the buyer shall be estimated if the buyer furnishes to the healthy 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 after receipt of the notice of cancelation.
The initial 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. a) If this studio sells a single contract for 30 days or less, without any option or other condition which establishes any right or obligation of a member beyond the 30-day period then provision 1 should read as follows: “The initial contract will not be for a period in excess of 30 days. Renewal contracts may not be executed, and the fee therefore paid until the preceding contract expires.” b) If this studio sells SESSIONS in this manner (7a) then the contract must ALSO indicate: “All sessions must be used within thirty (30) days.”
If the health studio requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the healthy studio, the health studio will provide the buyer with the means of such identification.
With respect only to health studios exempt from posting security, the following statement must be included verbatim, in all capital letter, bold print, and at least 10-point font:
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 PRODIVE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.I understand and agree to comply in full with the terms and conditions stated in this Membership Agreement. By signing this Membership Agreement, you acknowledge and agree that neither IBF Franchisor, LLC, the entity who granted us contractual authority to independently own and operate our franchised location, nor any of its past, present, or future subsidiaries, successors, assigns, or affiliates, or their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, investors, attorneys, employees, or representatives (collectively the Franchisor Parties”), is a party to this Membership Agreement or the Membership Program. You understand and agree that Franchisor Parties are not responsible for any acts or omissions related in any way to this Agreement, the goods or services provided to you under this Agreement, or for any act or omission by us or any other INFINITY studio or any employee of any INFINITY studio.