Sale of Retail Products
Due to Covid-19 ALL SALES ARE FINAL on all retail products sold.
MEMBERSHIP AGREEMENT TERMS
Buyer Right to Cancellation: You may cancel this contract without any penalty or further obligation with written notice by certified or registered mail provided to City Zero LLC within (3) calendar days from the agreement date only. BUYER AND MEMBER EACH HEREBY ACKNOWLEDGE RECEIPT OF A FULLY COMPLETED COPY OF THIS AGREEMENT EXECUTED BY BOTH MEMBER/BUYER AND SELLER. MEMBER/BUYER AND SELLER EACH ACKNOWLEDGE THE ADDITIONAL MEMBERSHIP AGREEMENT TERMS SET FORTH ON THE FOLLOWING PAGES. I understand that this agreement is for a minimum of twelve months, after which time membership may be terminated at any time with 45 days written notice by certified or registered mail to City Zero.
ADDITIONAL MEMBERSHIP AGREEMENT TERMS
- CONSUMER’S RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) CALENDER DAYS FROM THE AGREEMENT DATE AND A REFUND WILL ISSUE WITHIN 30 DAYS AFTER RECEIPT OF NOTICE CANCELLATION.
- ADDITIONAL RIGHTS TO CANCELLATION; You may also cancel this contract with 45 days written notice by certified or registered mail for any of the following reasons: a) If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period more than six months. b) If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing. c) If you move your residence more than twenty-five miles from any health club operated by seller (must provide satisfactory proof of new residence) d) If, within the first twelve months of your membership, your employment is involuntarily terminated without cause (must provide a letter from former Employer confirming termination of employment and reason for termination); provided that any Member canceling under this sentence shall be required to pay an early termination fee of $200 .e) If the services of the Club cease to be offered as stated in the contract. f) The studio moves its facilities more than five driving miles and fails to provide, within 30 days, a facility of equal located withing 5 driving miles at no additional cost or the member. g) If a refund is due to the client, the refund shall be computed by dividing the contract price by the numbers of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. h) The studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises: Upon the sale, for not more than 14 consecutive days or during ownership, for not more than 7 consecutive days and not more than 2 periods of 7 consecutive days in a calendar year.
- ADDITIONAL RIGHTS TO CANCELATION, if members want to cancel within the first 3 calender days of membership purchase, first month will be refunded.
- MEMBERS MAY FREEZE the membership for a minimum of one (1) month and a maximum of three (3) months during membership agreement term. All freeze requests must be submitted in writing, 10 days prior to requesting the freeze start date. During the freeze time, monthly membership dues will be suspended, however the annual term will be extended for the same time that was frozen. A $10 feewill be billed for each month the membership is frozen. An extended freeze of up to six months is allowed with a note from your medical doctor indicating the nature of your injury.
- MEMBERS ARE ADVISED to contact the Florida Department of Agriculture & Consumer services for information should the studio go out of business.
- MEMBER’S HEALTH WARRANTY: Member and buyer represent that Member is in good health and has no disability, impairment, injury, disease or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of improper or abusive exercise. Member assumes full responsibility for his or her use of the facility and shall indemnify City Zero LLC, the owner of the club location the member is utilizing, its affiliates, agents and employees against any and all liability arising out of use of the facilities.
- SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN (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 CLUB AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIERED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.
- RULES, REGULATIONS, AND SCHEDULES: Member agrees to abide by all the membership rules, regulations, and schedules of the Club, which may be posted at the Club or issued orally, and which may be amended from time to time, at Management’s sole discretion.
- INITIAL CONTRACTS will not exceed 36 months; therefore, they will only be renewable annually.
- TRANSFERS OF MEMBERSHIP: Membership may not be transferred.
- VALUABLES AND PERSONAL PROPERTY: Members are urged to avoid bringing valuables onto club premises. City Zero LLC shall not beliable for the loss of or theft of, or damage to, the personal property of member or guests, including items left in lockers, with the coatcheck or elsewhere in the Club.
- GROUP FITNESS RULES: Allow enough time to sign in before each class. Do not enter a class late or leave early unless you give theinstructor prior notice. If you are just starting Group Fitness or have a pre-existing injury or problems that prevent full participation,please discuss the situation with the Group Fitness instructor before class. Aerobics shoes must be worn in all Group Fitness classes.
- DRESS CODE: Proper athletic attire and footwear required. No street clothes or dress shoes permitted in fitness area. Managementhas the right to prohibit the use of any equipment if the proper attire is not worn.
- REVOCATION OF MEMBERSHIP: City Zero LLC reserves the right to revoke and cancel this membership at any time for any reason, inwhich case Buyer/Member will, no later than fifteen (15) days after such cancellation, receive a refund of all monies paid pursuant to this Agreement (except initiation fee), provided that Seller may retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that Seller may demand the reasonable cost of goods and services which the Buyer/Member has consumed or wishes to retain after cancellation.
- WAIVER OF LIABILITY: Member assumes full responsibility for his or her use of the facility and releases City Zero LLC from all claims, including those caused in whole or in part, by the negligence of City Zero LLC and shall indemnify City Zero LLC, the owner of the club location the Member is utilizing, its affiliates, agents and employees against any and all liability arising out of use of the facilities.
- MEDIA RELEASE: I, grant and authorize City Zero LLC, hereinafter known as “media” to take, edit, alter, copy, exhibit, publish, distribute, and make use of all photographs and/or video taken of me to be used in and/or for any lawful purpose. I hereby waive any right to inspect or approve the finish photographs or electronic matter that may be used in now or in the future, whether that use is known to me or unknown. I wave any right to royalties or other compensation arising from or related the use of the photographs and/ or video. This authorization extends to all languages, media, formats, and markets now known or later discovered. This authorizationalso extended to the use of my name and likeness, related to the use of the photographs and/or video.
- I am 18 years of age or older and I am competent to contract in my own name. I have read this release before signing below, and I fully understand the contents, meaning and impact of this release. I understand that I am free to address any specific questions regarding this release by submitting those questions in writing prior to signing, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this release.
- PERSONAL TRAINING ASSUMPTION OF RISK: You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, death, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.
PERSONAL TRAINING LIABILITY WAIVER: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and signs) to release and discharge the Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of the Trainer’s affiliates, employees, agents, representatives, successors,
- This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.
- PERSONAL TRAINING INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you.
CITY ZERO HEALTH AGREEMENT
To keep your City Zero community safe, we ask that you refrain from visiting any club, or from participating in any outdoor training, classes or activities offered by City Zero if you’re unable to make this declaration and otherwise agree as follows.
I acknowledge, agree, and consent that:
1. In the past 14 days, I have not tested positive for or been diagnosed with COVID-19.
2. In the past 14 days, I have not been within 6 feet, for 10 minutes or longer, of someone who has tested positive for or been diagnosed with COVID-19. (FOR HEALTHCARE WORKERS: In the past 14 days, if I have had or may have had exposure to patients with COVID-19, I have consistently used personal protective equipment and appropriate hand hygiene during these patient contacts.)
3. In the past 3 days, I have not experienced the following or any other symptoms consistent with the COVID-19 infection.
a. Fever or high temperature
b. Loss or change to sense of taste
c. Loss or change to sense of smell
d. Feeling unwell
e. Loss of appetite (skipped meals)
f. Increased tiredness or fatigue
g. Coughing or a new and continuous cough h. Nasal congestion or a sore throat
i. Body aches or chills
j. Shortness of breath or chest tightness
k. Diarrhea or abdominal pain l. Headache
4. My temperature will be taken upon my arrival and I agree that if my temperature reads or exceeds the lesser of 100.4 degrees Fahrenheit or local guidelines for a fever upon arrival, I will leave the club and will not return until I have been fever-free, and otherwise not had symptoms consistent with COVID-19 infection, for 3 days. *
5. If I have recently traveled out of the state or country, I certify that I am following any and all applicable government-mandated travel advisories requiring COVID-19 testing and/or a mandatory self-quarantine period.
6. While in the gym or participating in any outdoor fitness or personal training hosted by City Zero, I agree to abide by social distancing rules and City Zero Rules. I understand that despite any precautions that I, others or City Zero may take, I may still be exposed to COVID-19 or individuals who have COVID-19 and I voluntarily assume that risk.
7. Where mandated by state/local law, I understand that I will be required to wear a face always covering while in the club, including during exercise. To the extent that I have any known underlying medical conditions, I understand and acknowledge that it is my responsibility to consult with my physician before exercising with a face covering. I voluntarily assume the risks of all potential injuries and illnesses associated with wearing a face covering during exercise, including breathing discomfort, lightheadedness, and increased heart rate. I acknowledge that I must monitor my temperature, ability to breathe, and any feelings of dizziness, numbness, or tingling and adjust my workout accordingly.
8. By submitting below I consent to City Zero’s collection, use, disclosure and storage of my personal data and information for the specific purposes described above, including the sharing of certain information for purposes of contact tracing. Without limiting the foregoing, I consent to City Zero’s use of a thermal temperature scanners that will read and temporarily store my body temperature and facial scan for the specific purposes described above.