Agreeing to these terms on checkout implies signature on the contract below.
A. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ THE WRITING ON THE REVERSE SIDE EVEN IF OTHERWISE ADVISED.
B. DO NOT SIGN THIS AGREEMENT IF IT CONTAINS ANY BLANK SPACES.
C. YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS.
D. YOU AGREE TO MAKE ALL PAYMENTS IN ACCORDANCE WITH THE PAYMENT SCHEDULE.
RIGHT OF CANCELLATION
You may cancel this Agreement without penalty or obligation within 3 business days from the above date. You may also cancel this Agreement if upon a doctor’s
order you cannot physically receive the services, or you may cancel the Agreement if the services cease to be offered as stated in the Agreement. If you cancel this
Agreement for either of these reasons, the Studio may keep a portion of the tuition or contract price. This Agreement also may be cancelled if the buyer dies. You
must notify Balance Fitness, LLC of your intent to cancel personally by written notice to Balance Fitness, LLC. A refund shall be issued within 30 days after receipt
of the notice of cancellation made within the 3-day provision.
NOTICE: Any holder of this consumer credit agreement is subject to all claims and defenses which the debtor could assert against the seller of goods and services
obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amount paid by the debtor hereunder.
CUSTOMER AGREES THAT USE OF ALL FACILITIES WILL BE AT CUSTOMER’S RISK. CUSTOMER WAIVES ANY CLAIMS FOR INJURY TO CUSTOMER OR FOR DAMAGE,
LOSS OR THEFT OF CUSTOMER’S PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY FACILITY (INCLUDING PARKING AREA). CUSTOMER
ASSUMES ALL LIABILITY IN THE EVENT HIS/HER GUEST (OR GUESTS OR ANY FAMILY MEMBER) IS INJURED OR SUSTAINS ANY LOSS. SHOULD THE CUSTOMER
CHOOSE TO PAY FOR MORE THAN ONE (1) MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT THE CUSTOMER IS PAYING FOR FUTURE SERVICES AND
MAY BE RISKING LOSS OF THEIR MONEY IN THE EVENT THE STUDIO AND/OR THIS BUSINESS LOCATION CEASE TO OPERATE. THIS 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.
CUSTOMER PRINT NAME: ________________________________________________________________________ DATE: __________________
CUSTOMER SIGNATURE: _________________________________________________________________________ DATE: __________________
BALANCE FITNESS REPRESENTATIVE: _______________________________________________________________ DATE: __________________
1. DEFAULT: The Customer is in default of this Agreement if: The Customer covered by this Agreement breaches any of this Agreement’s terms, fails to obey any present or future
rules or regulations, fails to make any installment or monthly payment on or before it is due, or repudiates this Agreement in writing. FAILURE TO USE THE AGREED UPON
SERVICES DOES NOT RELIEVE THE CUSTOMER OF THEIR PAYMENT OBLIGATIONS, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT. In the event the Customer defaults on
this Agreement, BALANCE FITNESS, LLC (hereinafter referred to as the “Studio”) may suspend or revoke service privileges and the Customer may have to reapply for service
privileges at the prices the Studio is then charging new Customers. The acceptance of any payment after default will not release the Customer from any other obligations under
the Agreement. Payments are applied first to fees or charges assessed, if any, and then in the order in which they are scheduled to be made. Should default be made in any
monthly payment, the holder of this Agreement, may at its option, declare all unpaid installments due hereunder less that portion of such installment representing unearned
finance charges immediately due and payable together with all cost of collection including reasonable attorney’s fee in case this Agreement is collected by or through an
attorney at law, not salaried employee of the holder, and for the payment of court costs. In the event of a default in the payment of this Agreement the undersigned agrees that
the entire remaining balance shall bear interest at 18% A.P.R. since the date of default or the highest rate allowed by law.
2. This Agreement may be assigned by the Studio and, if so assigned, the words “Company” and “Studio” will also mean the company to which this Agreement is assigned or
transferred. If this Agreement is assigned, the Assignee shall have and be entitled to exercise any and all rights and powers of the Studio hereunder, but (notwithstanding
anything in this Agreement to the contrary) Assignee shall not be chargeable with any obligations or liabilities of the Studio hereunder or with respect thereto. In the event of
assignment, the Studio reserves the right to assert any defenses it has or may have under this Agreement or with thereto.
3. Services are transferable subject to consent of the Studio. Such consent will not be unreasonably withheld. These services may be transferred to another person upon said
consent and payment of $50.00 transfer fee.
4. Any previous existing unresolved affiliation with Balance Fitness, LLC will give Balance Fitness, LLC the right to void this contract.
5. RIGHT TO CANCEL:The Customer is entitled to the penalty-free cancellation of this Agreement within 3 days, exclusive
of holidays and weekends, of its making, upon the mailing or delivery of written notice to the Studio, mailed to Balance
Fitness, LLC, 3220 Fairlane Farms Rd. Wellington, FL 33414, or emailed to lynette@gobalancefitness.com.Either party
may terminate this Agreement with 30 days written notice.All others are permitted to cancel this Agreement anytime
with 30 days written notice prior to next billing date. Deliver your written notice of cancellation to Balance Fitness, LLC,
or email to lynette@gobalancefitness.com. If you cancel as provided herein, all monies paid under the Agreement shall
be refunded to the Customer except the Studio may retain an amount computed by dividing the total number of
If I decide to cancel my Agreement, I will advise Balance Fitness, LLC in writing a minimum of 30 days prior to billing date and prior to cessation of my payment.
In the event I do not notify Balance Fitness, LLC, Balance Fitness, LLC will automatically renew my membership until I decide to discontinue, at which time I will
advise Balance Fitness, LLC, in writing a minimum of 30 business days prior to my actual billing date.Initial: ___________
This Agreement is for future consumer services and puts all assignees on notice of consumer’s right to cancel under Florida’s Trade Practices rules. This
Agreement is subject to all applicable Federal, State & local laws and regulations. Balance Fitness, LLC is registered with the State of Florida as a Health Studio,
Facility Registration Number HS-14189. The Federal Equal Opportunity Act prohibits creditors from discriminating against credit applicants with respect to a
credit transaction on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to contract). The agency
that administers compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.
3220 Fairlane Farms Rd. Suite 5
Wellington, FL33414
(561) 812-2647
gobalancefitness.com
TERMS AND CONDITIONS FOR
GROUP CLASSES
complete days in the Agreement term occasions Studio services are to be rendered into the total Agreement price and
multiplying the result by the number of complete days that have passed since the making of the Agreement, or if
appropriate, by the number of occasions that the Studio services have been rendered. A refund shall be issued within 30
days after receipt of the notice of cancellation.If the Agreement has not been paid in full then all monies owed at the point of cancellation must be paid
before this Agreement can be cancelled. If these monies are not paid then this Agreement will remain in full with all terms and conditions.
6. FREEZE TIME: A letter from Customer’s doctor must substantiate a request for a freeze or cancellation of service privileges due to temporary incapacitation because of illness,
injury, or pregnancy. There is a one-month minimum and a three-month maximum freeze allotment.Freeze requests must be received 30 days prior to the next billing cycle to
avoid being billed for the following month.
7. DEATH OR DISABILITY OF BUYER: This Agreement may be cancelled if the Customer dies or becomes physically unable to
avail himself or herself of a substantial portion of those services he or she used from the commencement of the
Agreement until the time of disability, with refund of funds paid or accepted in payment of the Agreement in an amount
computed by dividing the Agreement price by the number of weeks in the Agreement term and multiplying the result by
the number of weeks remaining in the Agreement term. The Customer or the Customer’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 Agreement by the Customer, shall be established if the Customer furnishes to the 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.
8. CLOSING OF COMPANY FACILITY: The Customer is entitled to the cancellation and refund of the Agreement if this
business location closes 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 Customer. The Customer should
be advised that any notice of his or her intent to cancel shall be given in writing to the Studio. Such a notice of
cancellation from the Customer shall also automatically terminate the Customer’s obligation to any entity to who the
Studio has subrogated or assigned the Customer’s Agreement. If the Studio wishes to enforce such Agreement after
receipt of such showing, it may request The Department of Agriculture and Consumer Services (hereinafter referred to as
the “Department”) to determine the sufficiency of the showing. The Department may be requested by the Studio to
determine the sufficiency of Customer’s notice of cancellation under this provision. The Customer should be advised that
if the Department determines that a refund is due the Customer, the refund shall be an amount computed by dividing
the Agreement price by the number of weeks in the Agreement term and multiplying the result by the number of weeks
remaining in the Agreement term. The business location of the 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. A refund will be issued within 30 days after receipt of this notice.
9. Except as prevented by act of God, war strike and other cause beyond its control, the Studio shall during the term of Customer’s Agreement, maintain its facilities and the
supervision thereof substantially as at the date of the Agreement. The Studio reserves the right and privilege at any time hereafter to close its facilities or alter its hours of
operation, and the privileges and rights granted to Customer herein to use the facilities. Classes and equipment are available subject to demand and may be crowded at peak
hours or may be discontinued or times changed if demand fluctuates.
10. MEMBER’S REPRESENTATION OF CONDITION:Balance Fitness, LLC urges all Customers to obtain a physical examination from their physician prior to exercising or using any
equipment. Customer should obtain proper training in the use of equipment since misuse is dangerous. Customer represents that he or she is in good physical condition and
able to use the equipment provided and to participate in exercises and fitness programs made available by the Studio. Customer acknowledges that no employees or personnel
of the facility have any expertise in diagnosing, examining, or treating medical conditions of any kind or in determining the effect of any specific exercise on said medical
condition. Customer fully understands and agrees that in participating in one or more of the fitness programs, or using the facilities maintained, that he or she is agreeing to
assume the risk of such injury and further agrees to indemnify the Studio from any and all liability from the use by the Customer of the facility and instruction offered by any
employees or personnel of the facility.
11. WAIVER OF RELEASE: The Customer agrees that he or she is aware that he or she is engaging in physical exercise and the use of exercise equipment, club facilities, training, and
instruction, which could cause injury him or her. The Customer is voluntarily participating in these activities and assumes all risks of injury that might result. The Customer
hereby agrees to waive any claims or rights he or she might otherwise have to sue the Studio, its employees, or agents for injury to him or her on account of these activities or
his or her own negligence. The Customer has carefully read this waiver and fully understand it is a release of liability. The Studio will make no evaluation or recommendation
whether Customer or guests are sufficiently fit for any exercise activities. It is always advisable to consult a physician before undertaking a physical exercise program.
12. Customer warrants, represents and agrees that Customer is in good physical condition and the Customer has no disability, impairment or ailment preventing Customer from
engaging in active or passive exercise or that will be detrimental or inimical to Customer’s health, safety, comfort, or physical condition or that of others if Customer does so
engage or participate. Customer represents that he or she will not use the facility with any open cuts, abrasions, infections, maladies with the potential of harm to others, or
otherwise with public health requirements. The management of the Studio shall have the final determination in this regard.
13. STUDIO RULES AND REGULATIONS: All facilities and services that the Studio has agreed to provide are described in the “Rules and Regulations.” Customer agrees to keep and
obey all rules and regulations now in force or in the future prescribed by the Studio or its associated health studios, for the use of the health studios and equipment and facilities
therein including rules with respect to the facility, uniforms, and personal hygiene. These rules are subject to change, changes will be posted. Customer understands and agrees
that the Studio may revoke service privileges because of a breach of this Agreement or because of failure by the Customer to obey the rules and regulations or because of any
activity by the Customer in using the facilities and services which creates a nuisance, disturbs or harasses other Customers or staff, or constitutes an act of moral turpitude or
fraud.
a. IDENTIFICATION: If the Studio requires a Customer to furnish identification upon entry to the facility and as a
condition of using the services of the Studio, the Studio shall provide the Customer with the means of such
identification.
b. DRESS CODE: Shirts must always be worn while in the lobby, fitness studio, and mind/body studio. Athletic shoes and attire must always be worn in the fitness
studio. Customers and/or guests with illegal shoes or attire will not be permitted to work out.
c. GUEST PRIVILEGES: Circumstances permitting, Customers may have friends attend as guests. All guests under the age of 18 must have a minor release form signed
by a parent or legal guardian. The Studio reserves the right to impose a guest charge. Guests must sign a guest registration agreement and present I.D. All guests
must be under the supervision of our staff. Customer agrees to indemnify the Studio, its affiliates, agents, and employees against all liability incurred by them to any
person brought into the facility as a guest.
d. NO COMPETING BUSINESS: It is prohibited for any Customer or guest to conduct any commercial business or activity, or solicit any business competitive with that
of the Studio (including personal trainer services), from the Studio premises without the prior, express, written consent of management. The Studio will seek to
recover any revenues received by Customer in violation of this policy and attorney’s fees and court costs incurred in that regard. It is prohibited for any Customer or
guest to purchase or subscribe to any such prohibited business activity.
e. DAMAGE OF CLUB PROPERTY: Any Customer who negligently damages property of the Studio will be charged for the replacement or repair of the damaged
property.
14. A $15.00 fee or the maximum amount permitted by law (including the expenses incurred by the Studio in connection with the collection of any returned check or other item) will
be charged for any returned check or other item.
15. This Agreement constitutes the entire and exclusive agreement between the parties. Any promises, representations, understandings and/or agreements pertaining directly or
indirectly to this Agreement which are not contained herein, are hereby waived. This Agreement may be modified only by an instrument in writing, however, Balance Fitness,
LLC or the Assignee of this Agreement is hereby authorized to correct patent errors in this Agreement (and in other documents, if any, executed in connection herewith). At
Studio’s option, this Agreement shall be null and void if it is not completed by Studio’s employee in accordance with Studio’s then current price and payment programs. No
change to any printed term in this Agreement shall be valid.
16. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida.The parties agree that Palm Beach County, Florida will be the
venue of any dispute and will have jurisdiction over the parties.
17. If any particular provision of the Agreement is invalid, the same shall not affect the other provisions hereof.
18. The Studio can delay enforcing its rights under the Agreement without losing them.
19. CHANGE OF OWNERSHIP: If the ownership of the Studio changes, the new owner, within 10 days of such change, shall provide each Customer with notice of the rights and
obligations of the Customers and the health studio affected by such change.
20. TERM: The initial Agreement will not exceed 36 months and thereafter shall only be renewable annually.Renewal
Agreements may not be executed, and the fee therefore paid, until 60 days or less before the preceding Agreement
expires.
21. BONUS TIME: To the extent that you are provided with service privileges for which no charge is imposed in connection with a sale, promotion, or otherwise, it is agreed between
the parties that such time shall be deemed “bonus time”, and failure to use the said “bonus time” for any reason whatever does not entitle Customer to any cash refund. All
“bonus time” will be added to the expiration date.
a. VERIFICATION OF CUSTOMER’S REPRESENTATIONS: Representations by Customer to obtain special service privileges at posted discount price are subject to
verification. Customer agrees that any false representation made by him/her, shall entitle the Studio to cancel the Agreement and revoke Customer’s service
privileges without refund of any payments made hereunder, which shall be retained as liquidated damages.
b. HOURS OF OPERATION: The Studio’s operating schedules may be changed from time to time.
22. MONTHLY FEES: Monthly fees shall continue regardless of use until Customer notifies the Studio in writing (30 days before renewal anniversary) that Customer wishes to cancel
this Agreement. Such notice must be sent in writing to Balance Fitness, LLC, at 3220 Fairlane Farms Rd. Suite 5, Wellington, FL 33414, or emailed to
lynette@gobalancefitness.com. Regardless of such cancellation, any outstanding fees are due in full. Payments may be applied to the Studio to pay any other sums due the
Studio which are past due. Monthly fees will continue unless the Studio is notified in writing. If monthly fees are not paid within 30 days of Customer’s expiration date, service
privileges will be cancelled. To resume an exercise program, a new Agreement must be purchased. If the Studio requires the Customer to furnish identification upon entry to the
Studio and as a condition of using the Studio’s services, the Studio shall provide the Customer with the means of such identification. Gift certificates are non-refundable.
23. ON-ACCOUNT CHARGES/CREDITS/PERSONAL TRAINING SESSIONS: All monies, credits and personal training sessions remaining on account will be null and void when
Agreement is terminated. No transfers or refunds will be given.
24. MISCELLANEOUS: Management reserves the right to alter or amend these rules or change the fees at any time. Management also reserves the right to alter or adjust the
equipment in its facilities at any time.
25. LOST AND FOUND: The Studio will not be held responsible for lost or stolen articles. The Studio highly recommends that the Customer and guests leave all valuables at home
when coming to the Studio. The Studio maintains a lost and found area, however, the Studio cannot guarantee the security of these items. Items left over 30 days are given to
charity.
26. 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.
27. Customers are advised to contact the Florida Department of Agriculture and Consumer Services for information within 60
days should the Studio go out of business to address any unresolved conflicts.
