813 BARBELL TAMPA PAYMENT/MEMBER SUMMARY
The following is the identifying and contact information of the Fitness Provider:
Business Address:
813 BARBELL TAMPA
4012 Fiesta Plaza
Tampa FL, 33607
Business Contact Number: 813-759-3617
813 BARBELL TAMPA is registered with the State of Florida as a Health Studio. HS16842
813 BARBELL TAMPA - 3 Day Cancellation
Notice to Customer
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 813 BARBELL TAMPA, and refund upon such notice of all moneys paid under the contract, except that 813 BARBELL TAMPA may retain an amount computed by dividing the number complete days in the contract term, or if appropriate, the number of occasions 813 BARBELL TAMPA's 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 813 BARBELL TAMPA's services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation.
2.A Member's notice of his/her intent to cancel shall be given in writing to 813 BARBELL TAMPA. And that such a notice of cancellation shall also terminate automatically the consumer's obligation to any entity to whom 813 BARBELL TAMPA has subrogated or assigned the consumer's contract. And that if 813 BARBELL TAMPA wishes to enforce such contract after receipt of the notice, it may request the department to determine the sufficiency of the notice.
THE WRITIEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
813 BARBELL TAMPA, 4012 Fiesta Plaza, Tampa, FL 33607
*Attn: Email correspondence does not qualify as an acceptable form of rescission.
3.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 shall not be deemed out of business when temporarily closed for repair and renovation of the premises.
1.Upon sale, for not more than 14 consecutive days; or
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.
And that a refund will be issued within 30 days after receipt of the notice of cancellation
813 BARBELL TAMPA – MEMBERSHIP AGREEMENT
This Membership Agreement is between 813 BARBELL TAMPA and the applicant for membership identified on the attachment to this Agreement (Member).
Article I. Membership.
Section 1. Eligibility for Membership
813 BARBELL TAMPA requires a member to furnish identification upon entry to the facility and as a condition of using the services of 813 BARBELL TAMPA. 813 BARBELL TAMPA will provide the member with the means of such identification.
All Membership Agreements must be on forms prescribed by 813 BARBELL TAMPA and are subject to approval by 813 BARBELL TAMPA authorized personnel and payment of the required fees. Persons 18 or older may become members. 813 BARBELL TAMPA allows minors under the age of 18, with proof of age, and may join with written parental approval on the attachment to this Agreement. Members under the age of 18 must be accompanied by a parent or guardian for membership sign-up.
Section 2. Nature of Membership
Membership confers solely the right to use and enjoy the indoor and outdoor Facilities of 813 BARBELL TAMPA in accordance with 813 BARBELL TAMPA rules and regulations, as they may change from time to time. The indoor and outdoor facilities are defined as 813 BARBELL TAMPA facilities included in the membership privileges for the type of membership selected by Member on the attachment to this Agreement. Membership does not confer any interest in the property or assets of 813 BARBELL TAMPA or any right to participate in the management or operations of 813 BARBELL TAMPA, financially or otherwise.
Section 3. Fees and Charges
Dues. Member shall pay (i)dues and applicable taxes each month, and (ii) the Annual Service Fee each year, pursuant to an electronic funds transfer (EFT) as set forth within this Agreement and may terminate his/her membership in accordance with the termination procedures outlined in Article I, Section 4 of this Agreement. The dues for each category of membership shall be subject to change. The amount of such dues will be automatically transferred from Members bank account, credit card, debit card, or payroll deduction once each month on or after the due date for payment.
Rejected Payment Charges and Late Fees. A Rejected Payment Charge of $20 will be assessed for: returned checks, insufficient funds, closed accounts, frozen or declined credit/debit cards or similar circumstances, which result in late or delayed payment to 813 BARBELL TAMPA. Accounts past due are subject to collection. Rejected charges may be subject to change.
Member is responsible for providing accurate and updated information on their electronic funds account to insure timely receipt of dues payment. 813 BARBELL TAMPA reserves the right to re-attempt collection of Members' outstanding balance until such time as Members' account is brought current.
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.
Section 4. Membership Termination, Cancellation or Status Change
A. Disability or Death
The 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 813 BARBELL TAMPA 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 cancellation.
THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: 813 BARBELL TAMPA, 4012 Fiesta Plaza, Tampa, FL 33607
*Email correspondence does not qualify as an acceptable form of rescission.
B. Involuntary Termination
813 BARBELL TAMPA reserves the right at any time to terminate the membership or privileges thereunder of any member for failure to comply with the terms of this Agreement or with any of the rules and regulations adopted by 813 BARBELL TAMPA or for any conduct 813 BARBELL TAMPA determines in its discretion to be improper or in any way contrary to the best interest of 813 BARBELL TAMPA and its membership. The membership may be terminated by notification in writing mailed to the last address shown on the records of 813 BARBELL TAMPA for the member being terminated. The terminated member will remain liable for all dues and other indebtedness incurred prior to the date of termination, which shall be three (3) business days following the date on which the termination notice is mailed by 813 BARBELL TAMPA.
C. Termination
The Member with a NO TERM membership, may voluntarily terminate their Agreement to 813 BARBELL TAMPA by giving 30 days advance written notice in person to 813 BARBELL TAMPA subject to the following terms and conditions:
1.Termination notices received by 813 BARBELL TAMPA on or before the first calendar day of the month will become effective on the last day of the same month.
2.Dues will continue to accrue until the termination is effective. Members are still responsible for all outstanding dues and fees upon termination. Late Fees will continue to accrue on any unpaid balance on the portion of the used membership until that balance is paid in full. After Members' termination has become effective, he/she will not be subject to any further dues and all membership privileges will be terminated.
3.IF 813 BARBELL TAMPA GOES OUT OF BUSINESS OR IF 813 BARBELL TAMPA MOVES MORE THAN 5 DRIVING MILES FROM THE BUSINESS LOCATION, AND FAILS TO PROVIDE, WITHIN 30 DAYS, A FACILITY OF EQUAL QUALITY LOCATED WITHIN 5 DRIVING MILES OF THE BUSINESS LOCATION, YOU MAY: CANCEL THIS CONTRACT BY MAILING, THROUGH CERTIFIED MAIL, A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO 813 BARBELL TAMPA AT THE FOLLOWING ADDRESS:
813 BARBELL TAMPA, 4012 Fiesta Plaza, Tampa, FL 33607
*Email correspondence does not qualify as an acceptable form of rescission.
Members are advised to contact the Florida Department of Agriculture & Consumer Services for information within 60 days should 813 BARBELL TAMPA goes out of business.
Section 5. Resale of Membership
Member may not sell or otherwise transfer their membership to another party without the prior express written approval from 813 BARBELL TAMPA.
Section 6. Changes to Membership Status
Membership Type Conversion. Member may convert to another available type of membership by giving advance written notice to 813 BARBELL TAMPA, paying the difference of the two prevailing membership registration fees, if applicable, and commencing payment of the dues of the new membership type. Notices requesting conversion of membership type received by 813 BARBELL TAMPA on or before the first calendar day of the month will become effective on the last day of that month. Notices received by 813 BARBELL TAMPA on or after the second calendar day of the month will become effective on the last calendar day of the following month.
Section 7. Contract renewal
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.
If equipment is left out, the member responsible will be located and a $5.00 convenience fee will be charged to the responsible parties account. If the guest of a member fails to put away their equipment, the member will still be held responsible and a $5.00 convenience fee will be charged to the members account.
If an existing member would like to bring a guest, the owners of 813 BARBELL TAMPA must receive a written request with the guest's information prior to them coming in. If an existing member brings in an unapproved guest, 813 BARBELL TAMPA will automatically charge the current members account double the regular drop in rate ($20.00).
Section 8. Pro-rate
813 BARBELL TAMPA does not pro-rate memberships. Instead, upon cancelation, the membership will remain active until the last day before the new billing cycle.
Article II. Waiver of Claims
Section 1. Waiver of Liability and Assumption of Risk
With respect to my voluntary participation in 813 BARBELL TAMPA, I understand that there may be health risks associated with activities requiring physical exertion, including but not limited to transient dizziness, fainting, nausea, muscle cramping, musculoskeletal injury, sprains and strains, heart attack, stroke or death. I assume full responsibility for any and all injuries or damages from the risks of my participation in program activities which may hereafter occur to me.
I certify that I am capable of performing physical exercise and acknowledge that I am voluntarily participating in an exercise activity offered by 813 BARBELL TAMPA, and using equipment with knowledge of the dangers involved. I understand that I will be fully responsible for complying with any restrictions prescribed for me by my personal physician. I will review any physician-prescribed personal wellness program with my physician prior to my commencing exercise and will periodically review my status and program with my physician.
It is further understood that 813 BARBELL TAMPA staff will not be monitoring my individual use of the indoor and outdoor facilities or exercise equipment. I understand that 813 BARBELL TAMPA staff contain medical professionals and have received training in physical activity programming for healthy individuals who do not require exercise in a medically supervised environment. If I experience dizziness, fainting, nausea, muscle cramping or any other symptoms while exercising, I will discontinue the activity, notify the 813 BARBELL TAMPA staff, and consult my physician.
In consideration of being permitted to participate in the 813 BARBELL TAMPA Program, I hereby waive any and all claims I may have, on behalf of myself, my heirs/ executors I administrators, and assigns, against 813 BARBELL TAMPA and each of its respective owners, employees, contractors, other participants and all others from all liability for injury, death, or loss suffered by me while participating in the Program, using the indoor and outdoor facilities, engaging in any activities incidental thereto, including traveling to or from any location of said activities wherever, whenever, or however the same may occur, which result from the ordinary negligence of 813 BARBELL TAMPA or those released hereby.
813 BARBELL TAMPA does not provide health insurance for individuals participating in activities made available or sponsored by 813 BARBELL TAMPA. As such, you or your personal health insurance will be responsible for payment of medical services and care for any injuries sustained during the designated activity.
In the event of an emergency, I grant 813 BARBELL TAMPA permission to authorize emergency medical care and treatment for myself or my children for the duration of his/her participation in this designated activity.
Member understands that 813 BARBELL TAMPA is a 24/7 access facility and that 813 BARBELL TAMPA is "unstaffed". By using the indoor and outdoor facilities of 813 BARBELL TAMPA during the above written "unstaffed" hours, the Member expressly agrees that 813 BARBELL TAMPA, and its respective owners, employees, contractors, and assigns shall not be liable for any damages arising from personal injuries sustained by the Member in, on, or about the indoor and outdoor facilities, or as a result of Members' use of the indoor and outdoor facilities and the equipment therein.
By using the indoor and outdoor facilities of 813 BARBELL TAMPA, the Member expressly agrees that 813 BARBELL TAMPA, and its respective owners, employees, contractors, and assigns shall not be liable for any damages arising from personal injuries sustained by the Member in, on, or about the indoor and outdoor facilities, or as a result of Members' use of the indoor and outdoor facilities and the equipment therein. By executing this agreement, Member assumes full responsibility for any injuries or damages that may occur to the Member in, on, or outside the facilities and further agrees that 813 BARBELL TAMPA, and its respective owners, employees, contractors, and assigns shall not be liable for any loss or theft of personal property. In assuming full responsibility for the risk of injuries, damages, or losses that may occur to the Member in, on, or outside the facilities, Member does hereby fully and forever release and discharge 813 BARBELL TAMPA, and its respective owners, employees, contractors, and assigns, from any and all claims, demands, damages, rights of action, or cause of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out of the Members' use or intended use of the said indoor and outdoor facilities and equipment thereof, including but not limited to any claim for negligence alleged against 813 BARBELL TAMPA, or its respective owners, employees, contractors, and assigns.
Photo and Video Release
813 BARBELL TAMPA reserves the right to take photography and/or video of any/all programs and activities and use them for advertising and publicity purposes. Members and guests will not be compensated in any way for the use of this material.
Article III. Enforceability.
If any provision of this Agreement or any supplement hereto is ruled invalid or unenforceable as applied to any person or circumstance, all other provisions of this Agreement shall remain valid and enforceable as applied to all other persons and circumstances. Modifications or additions to the pre-printed terms of this agreement, other than the completion of existing blanks, are unauthorized and will not be honored by 813 BARBELL TAMPA.
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.
The following is the identifying and contact information of the Fitness Provider:
Business Address:
813 BARBELL TAMPA
4012 Fiesta Plaza
Tampa FL, 33607
Business Contact Number: 813-759-3617
813 BARBELL TAMPA is registered with the State of Florida as a Health Studio. HS16842
813 BARBELL TAMPA - 3 Day Cancellation
Notice to Customer
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 813 BARBELL TAMPA, and refund upon such notice of all moneys paid under the contract, except that 813 BARBELL TAMPA may retain an amount computed by dividing the number complete days in the contract term, or if appropriate, the number of occasions 813 BARBELL TAMPA's 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 813 BARBELL TAMPA's services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation.
2.A Member's notice of his/her intent to cancel shall be given in writing to 813 BARBELL TAMPA. And that such a notice of cancellation shall also terminate automatically the consumer's obligation to any entity to whom 813 BARBELL TAMPA has subrogated or assigned the consumer's contract. And that if 813 BARBELL TAMPA wishes to enforce such contract after receipt of the notice, it may request the department to determine the sufficiency of the notice.
THE WRITIEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
813 BARBELL TAMPA, 4012 Fiesta Plaza, Tampa, FL 33607
*Attn: Email correspondence does not qualify as an acceptable form of rescission.
3.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 shall not be deemed out of business when temporarily closed for repair and renovation of the premises.
1.Upon sale, for not more than 14 consecutive days; or
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.
And that a refund will be issued within 30 days after receipt of the notice of cancellation
813 BARBELL TAMPA – MEMBERSHIP AGREEMENT
This Membership Agreement is between 813 BARBELL TAMPA and the applicant for membership identified on the attachment to this Agreement (Member).
Article I. Membership.
Section 1. Eligibility for Membership
813 BARBELL TAMPA requires a member to furnish identification upon entry to the facility and as a condition of using the services of 813 BARBELL TAMPA. 813 BARBELL TAMPA will provide the member with the means of such identification.
All Membership Agreements must be on forms prescribed by 813 BARBELL TAMPA and are subject to approval by 813 BARBELL TAMPA authorized personnel and payment of the required fees. Persons 18 or older may become members. 813 BARBELL TAMPA allows minors under the age of 18, with proof of age, and may join with written parental approval on the attachment to this Agreement. Members under the age of 18 must be accompanied by a parent or guardian for membership sign-up.
Section 2. Nature of Membership
Membership confers solely the right to use and enjoy the indoor and outdoor Facilities of 813 BARBELL TAMPA in accordance with 813 BARBELL TAMPA rules and regulations, as they may change from time to time. The indoor and outdoor facilities are defined as 813 BARBELL TAMPA facilities included in the membership privileges for the type of membership selected by Member on the attachment to this Agreement. Membership does not confer any interest in the property or assets of 813 BARBELL TAMPA or any right to participate in the management or operations of 813 BARBELL TAMPA, financially or otherwise.
Section 3. Fees and Charges
Dues. Member shall pay (i)dues and applicable taxes each month, and (ii) the Annual Service Fee each year, pursuant to an electronic funds transfer (EFT) as set forth within this Agreement and may terminate his/her membership in accordance with the termination procedures outlined in Article I, Section 4 of this Agreement. The dues for each category of membership shall be subject to change. The amount of such dues will be automatically transferred from Members bank account, credit card, debit card, or payroll deduction once each month on or after the due date for payment.
Rejected Payment Charges and Late Fees. A Rejected Payment Charge of $20 will be assessed for: returned checks, insufficient funds, closed accounts, frozen or declined credit/debit cards or similar circumstances, which result in late or delayed payment to 813 BARBELL TAMPA. Accounts past due are subject to collection. Rejected charges may be subject to change.
Member is responsible for providing accurate and updated information on their electronic funds account to insure timely receipt of dues payment. 813 BARBELL TAMPA reserves the right to re-attempt collection of Members' outstanding balance until such time as Members' account is brought current.
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.
Section 4. Membership Termination, Cancellation or Status Change
A. Disability or Death
The 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 813 BARBELL TAMPA 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 cancellation.
THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: 813 BARBELL TAMPA, 4012 Fiesta Plaza, Tampa, FL 33607
*Email correspondence does not qualify as an acceptable form of rescission.
B. Involuntary Termination
813 BARBELL TAMPA reserves the right at any time to terminate the membership or privileges thereunder of any member for failure to comply with the terms of this Agreement or with any of the rules and regulations adopted by 813 BARBELL TAMPA or for any conduct 813 BARBELL TAMPA determines in its discretion to be improper or in any way contrary to the best interest of 813 BARBELL TAMPA and its membership. The membership may be terminated by notification in writing mailed to the last address shown on the records of 813 BARBELL TAMPA for the member being terminated. The terminated member will remain liable for all dues and other indebtedness incurred prior to the date of termination, which shall be three (3) business days following the date on which the termination notice is mailed by 813 BARBELL TAMPA.
C. Termination
The Member with a NO TERM membership, may voluntarily terminate their Agreement to 813 BARBELL TAMPA by giving 30 days advance written notice in person to 813 BARBELL TAMPA subject to the following terms and conditions:
1.Termination notices received by 813 BARBELL TAMPA on or before the first calendar day of the month will become effective on the last day of the same month.
2.Dues will continue to accrue until the termination is effective. Members are still responsible for all outstanding dues and fees upon termination. Late Fees will continue to accrue on any unpaid balance on the portion of the used membership until that balance is paid in full. After Members' termination has become effective, he/she will not be subject to any further dues and all membership privileges will be terminated.
3.IF 813 BARBELL TAMPA GOES OUT OF BUSINESS OR IF 813 BARBELL TAMPA MOVES MORE THAN 5 DRIVING MILES FROM THE BUSINESS LOCATION, AND FAILS TO PROVIDE, WITHIN 30 DAYS, A FACILITY OF EQUAL QUALITY LOCATED WITHIN 5 DRIVING MILES OF THE BUSINESS LOCATION, YOU MAY: CANCEL THIS CONTRACT BY MAILING, THROUGH CERTIFIED MAIL, A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO 813 BARBELL TAMPA AT THE FOLLOWING ADDRESS:
813 BARBELL TAMPA, 4012 Fiesta Plaza, Tampa, FL 33607
*Email correspondence does not qualify as an acceptable form of rescission.
Members are advised to contact the Florida Department of Agriculture & Consumer Services for information within 60 days should 813 BARBELL TAMPA goes out of business.
Section 5. Resale of Membership
Member may not sell or otherwise transfer their membership to another party without the prior express written approval from 813 BARBELL TAMPA.
Section 6. Changes to Membership Status
Membership Type Conversion. Member may convert to another available type of membership by giving advance written notice to 813 BARBELL TAMPA, paying the difference of the two prevailing membership registration fees, if applicable, and commencing payment of the dues of the new membership type. Notices requesting conversion of membership type received by 813 BARBELL TAMPA on or before the first calendar day of the month will become effective on the last day of that month. Notices received by 813 BARBELL TAMPA on or after the second calendar day of the month will become effective on the last calendar day of the following month.
Section 7. Contract renewal
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.
If equipment is left out, the member responsible will be located and a $5.00 convenience fee will be charged to the responsible parties account. If the guest of a member fails to put away their equipment, the member will still be held responsible and a $5.00 convenience fee will be charged to the members account.
If an existing member would like to bring a guest, the owners of 813 BARBELL TAMPA must receive a written request with the guest's information prior to them coming in. If an existing member brings in an unapproved guest, 813 BARBELL TAMPA will automatically charge the current members account double the regular drop in rate ($20.00).
Section 8. Pro-rate
813 BARBELL TAMPA does not pro-rate memberships. Instead, upon cancelation, the membership will remain active until the last day before the new billing cycle.
Article II. Waiver of Claims
Section 1. Waiver of Liability and Assumption of Risk
With respect to my voluntary participation in 813 BARBELL TAMPA, I understand that there may be health risks associated with activities requiring physical exertion, including but not limited to transient dizziness, fainting, nausea, muscle cramping, musculoskeletal injury, sprains and strains, heart attack, stroke or death. I assume full responsibility for any and all injuries or damages from the risks of my participation in program activities which may hereafter occur to me.
I certify that I am capable of performing physical exercise and acknowledge that I am voluntarily participating in an exercise activity offered by 813 BARBELL TAMPA, and using equipment with knowledge of the dangers involved. I understand that I will be fully responsible for complying with any restrictions prescribed for me by my personal physician. I will review any physician-prescribed personal wellness program with my physician prior to my commencing exercise and will periodically review my status and program with my physician.
It is further understood that 813 BARBELL TAMPA staff will not be monitoring my individual use of the indoor and outdoor facilities or exercise equipment. I understand that 813 BARBELL TAMPA staff contain medical professionals and have received training in physical activity programming for healthy individuals who do not require exercise in a medically supervised environment. If I experience dizziness, fainting, nausea, muscle cramping or any other symptoms while exercising, I will discontinue the activity, notify the 813 BARBELL TAMPA staff, and consult my physician.
In consideration of being permitted to participate in the 813 BARBELL TAMPA Program, I hereby waive any and all claims I may have, on behalf of myself, my heirs/ executors I administrators, and assigns, against 813 BARBELL TAMPA and each of its respective owners, employees, contractors, other participants and all others from all liability for injury, death, or loss suffered by me while participating in the Program, using the indoor and outdoor facilities, engaging in any activities incidental thereto, including traveling to or from any location of said activities wherever, whenever, or however the same may occur, which result from the ordinary negligence of 813 BARBELL TAMPA or those released hereby.
813 BARBELL TAMPA does not provide health insurance for individuals participating in activities made available or sponsored by 813 BARBELL TAMPA. As such, you or your personal health insurance will be responsible for payment of medical services and care for any injuries sustained during the designated activity.
In the event of an emergency, I grant 813 BARBELL TAMPA permission to authorize emergency medical care and treatment for myself or my children for the duration of his/her participation in this designated activity.
Member understands that 813 BARBELL TAMPA is a 24/7 access facility and that 813 BARBELL TAMPA is "unstaffed". By using the indoor and outdoor facilities of 813 BARBELL TAMPA during the above written "unstaffed" hours, the Member expressly agrees that 813 BARBELL TAMPA, and its respective owners, employees, contractors, and assigns shall not be liable for any damages arising from personal injuries sustained by the Member in, on, or about the indoor and outdoor facilities, or as a result of Members' use of the indoor and outdoor facilities and the equipment therein.
By using the indoor and outdoor facilities of 813 BARBELL TAMPA, the Member expressly agrees that 813 BARBELL TAMPA, and its respective owners, employees, contractors, and assigns shall not be liable for any damages arising from personal injuries sustained by the Member in, on, or about the indoor and outdoor facilities, or as a result of Members' use of the indoor and outdoor facilities and the equipment therein. By executing this agreement, Member assumes full responsibility for any injuries or damages that may occur to the Member in, on, or outside the facilities and further agrees that 813 BARBELL TAMPA, and its respective owners, employees, contractors, and assigns shall not be liable for any loss or theft of personal property. In assuming full responsibility for the risk of injuries, damages, or losses that may occur to the Member in, on, or outside the facilities, Member does hereby fully and forever release and discharge 813 BARBELL TAMPA, and its respective owners, employees, contractors, and assigns, from any and all claims, demands, damages, rights of action, or cause of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out of the Members' use or intended use of the said indoor and outdoor facilities and equipment thereof, including but not limited to any claim for negligence alleged against 813 BARBELL TAMPA, or its respective owners, employees, contractors, and assigns.
Photo and Video Release
813 BARBELL TAMPA reserves the right to take photography and/or video of any/all programs and activities and use them for advertising and publicity purposes. Members and guests will not be compensated in any way for the use of this material.
Article III. Enforceability.
If any provision of this Agreement or any supplement hereto is ruled invalid or unenforceable as applied to any person or circumstance, all other provisions of this Agreement shall remain valid and enforceable as applied to all other persons and circumstances. Modifications or additions to the pre-printed terms of this agreement, other than the completion of existing blanks, are unauthorized and will not be honored by 813 BARBELL TAMPA.
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.