- Membership. Payment of the Membership Fee, and any other fee as outlined below, gives Member a membership (the “Membership”) to use DSC’s facility currently located at 15 S.E. 2nd Avenue, Miami, Fl 33131 (the “Facility”) during DSC’s scheduled training programs and workouts of the day (or “WODs”). Member’s Membership and use of the Facility is subject to the Facility’s availability and other restrictions as set forth below.
- Membership Fee. Membership use of Facility must be paid for in advance. Member understands and agrees that Member’s monthly membership due is $160.00 (the “Membership Fee”). Your first month’s Membership Fee will be prorated based from the date of execution of this Agreement if executed after the first of the month based on the number of days for that month. The prorated amount is due upon signing of this Agreement. Member agrees to pay the $160.00 Membership Fee on the 1st day of every month thereafter through automatic withdrawals from an account maintained by Member in a financial institution, pursuant to the “Debit Authorization Form” signed by Member, attached hereto and made part of the Agreement. The 1st day of each month shall mark the commencement date of each monthly period under the Membership. The last date of the month, regardless of the total number of days in each month, shall mark the end of each monthly period.
- Initiation Fee. In addition to the Membership Fee, Member shall pay a one-time, initiation fee of $30.00 paid upon signing of this Agreement. The initiation fee is considered fully earned upon commencement of your membership and is non-refundable.
- Cancellation of Membership by Member. Memberships will continue on a month to month basis until cancelled by Member. Members who wish to cancel Membership must notify DSC in writing of Member’s intent to cancel no less than 15 days prior to the first day of the month to be cancelled (the “Termination Notice”). The Termination Notice shall include the full name of Member and current address. The effective date of termination of Member’s Membership (the “Effective Date of Termination”) shall be on the last day of the month after expiration of 15 days from the date of receipt of the Termination Notice. Member shall be obligated to pay all Membership Fees, and any other fee as set forth in this Agreement, up to the Effective Date of Termination. Automatic payments will continue until the Effective Date of Termination. Termination of Member’s Membership shall constitute termination of this Agreement. There are no refunds for Membership Fees, and DSC will not prorate a cancelled Membership
- Three-Day Right of Recession. New Members have three days after signing this Agreement to cancel their membership without penalty. To cancel, new Members must inform DSC in writing of their intent to cancel. Written notice to cancel must include Member’s name and must be e-mailed to: email@example.com. If the new Member exercises its right to cancel, DSC will reimburse the first payment made by new Member towards the Membership Fee.
- Updates to Payment Processing Information. Any payment of the Membership Fee that is declined by Member’s banking institution or credit card company designated in the Member’s “Debit Authorization Form” is subject to a processing fee of $20.00 per each payment that is declined. Member is responsible for notifying DSC, in writing, of any changes to Member’s payment processing information as listed in Member’s Debit Authorization Form, and for providing DSC with a new Debit Authorization Form with the updated information.
- Updates to Member’s Information Page. Member is responsible for notifying DSC, in writing, of any changes to Member’s Information Page, including changes to Member’s contact email, telephone and address.
- Check-in Policy. DSC may request that Members produce state issued identification before check-in, or at any time during their use of the Facility so that DSC may verify Member’s Membership status. Member may be denied access to the Facility if Member is unable to produce a valid, state issued identification.
- Availability of Facility.
(i) DSC does not provide an “Open Gym” facility. Members may use the Facility only during scheduled WODs, training programs, scheduled events or by appointment.
(ii) Use of the Facility includes the use of the training and workout equipment in the Facility, participation in DSC’s WODs, and access to DSC coaches and trainers. DSC’s coaches and trainers are available only for the scheduled WODs and for any other DSC scheduled class or program. DSC does not provide one to one personal training.
(iii) DSC may offer additional classes or training programs not designated as part of the regularly scheduled WODs. Members who wish to participate in such class or program may be charged an additional fee per class or program. DSC reserves the right to add or delete services, amenities, classes, and programs without notice to Member.
(iv) Special engagements, repairs, and maintenance of Facility may make it necessary for DSC to restrict use of, or close part of the Facility. The Membership Fee will not be reduced or suspended during any time when any part of the Facility is not available so long as DSC is able to conduct its WODs, classes or training programs. However, if the entire Facility becomes temporarily unavailable for more than three consecutive days (not including Sundays) for any reason (not including Sundays), except for any Force Majeure as provided hereunder, DSC will extend Member’s Membership, without Dues, for the same period the Facility was unavailable. If DSC is able to provide its regularly scheduled WODs, the facility shall not be deemed unavailable. DSC may choose to relocate the Facility at any time (either temporarily or permanently) by providing three-day, advanced notice to Member of the new location. Except for the address change and location of Facility, relocation may occur without effect to this Agreement so long as the new location is located within a 15 mile radius of the current Facility’s location.
(v) The obligation of Member to pay the Membership Fee is not dependent on Member’s ability to use the Facility and/or attending a WOD or other training program regardless of the circumstances (i.e., medical or family emergency, business travel, vacation, or other reasons). It is specifically understood that there will be no carry-over of monthly Membership Fees for any time unspent using the Facility, or attending WODs or training programs.
(vi) DSC reserves the right to change operating hours and/or class schedules at its sole discretion without any effect to this Agreement, and without notice to Member.
(vii) DSC may close its Facility for seminars, certifications, maintenance, selected holidays and other hours based on municipal requirements without any effect to this Agreement, and without notice to Member.
(viii) DSC may delete, change, discontinue, repair, or replace any part or all of the Facility without any effect on this Agreement, and without notice to Member.
- Freeze on Memberships. DSC does not provide Membership freezes to Member, but may make exceptions on a case by case basis.
- Rules and Regulations. You agree to abide by all policies, guidelines, rules, and regulations (together, the “DSC Rules”) regarding the use of the Facility and equipment, safety procedures, attire, and conduct of Member. Not all DSC Rules are listed in this Agreement, and may include any verbal or written instructions provided by trainers or coaches of DSC; DSC Rules may be posted in the Facility. DSC reserves the right to add, change or remove DSC Rules without Notice to Member, and Member agrees to accept such reasonable change(s) as a condition of Membership. DSC may ask Member who refuses to abide by any DSC Rule to leave the Facility. DSC also reserves the right to terminate the membership if Member refuses or fails to comply with any DSC Rule. If DSC terminates membership for violation of any DSC Rule, termination shall be immediate, and Member shall not be entitled to any refunds. Additionally, Member agrees to the following:
(i) Member agrees that while inside the Facility or when participating in any WOD, class or program of DSC, Member will refrain from using, or will not be under the influence of any (a) medication that may impair your physical or mental capabilities, (b) alcohol, or (c) drugs.
(ii) Member will refrain from engaging in any threatening, obscene, offensive, indecent, dangerous or illegal behavior. DSC reserves the right to determine whether the behavior of Member is threatening, obscene, offensive, indecent, dangerous or illegal.
(iii) DSC assumes no responsibility for the loss or theft of, or damage to, your personal property.
(iv) Members shall pay for any damages to the property of DSC which results from the willful or negligent conduct of Member, Member’s guest or dependent children.
- Guests. Guests of Members may enter the Facility or participate in WOD or training program on payment of a fee determined by GSC from time to time. Guests must sign the guest register, a Waiver & Release form, and show a form of photo identification. The number of visits by a guest to the Facility is at the sole discretion of DSC. No one under 18 years of age is allowed inside the Facility unless consent is given by DSC, and a waiver and release is executed by the parent or guardian and delivered to DSC. Children under the age of 15 must be supervised by a parent or legal guardian at all times.
- Termination of Agreement by DSC. DSC may terminate this Agreement and cancel Member’s Membership, for any reason, by providing notice to Member by email or by mail, at the addresses or email provided by Member under the Member Information Page (“DSC Termination Notice”). The DSC Termination Notice must be provided to Member no less than 15 days prior to the first day of the month to be cancelled by DSC. Notwithstanding the foregoing, DSC reserves the right to terminate this Agreement and cancel Member’s Membership and any privileges granted by this Agreement, as follows:
(i) DSC may terminate Member’s Membership immediately, and without prior notice to Member, in the event of a Member Default. A Member Default includes (a) Member’s failure to comply with any of the DSC Rules; (b) intentional or negligent misrepresentation of information contained in this Agreement, or; (c) failure to make timely payment obligations under this Agreement. A terminated Member shall remain fully liable to DSC for all Membership Fees and any other expenses payable to DSC up to the date of termination.
(ii) under the Force Majeure provisions provided hereunder;
- Force Majeure. In the event of Force Majeure as defined below, DSC shall notify Member, in writing, within it first occurring, and should it continue for a period exceeding 15 days from the date of such notification, DSC shall be entitled to terminate this Agreement and cancel Member’s Membership by notice in writing. If DSC terminates under Force Majeure, Member will not be entitled to any reimbursement of Membership Fees, and DSC will not prorate a cancelled Membership under this paragraph. Force Majeure shall mean any circumstances beyond the absolute control of DSC, which shall include, but not be limited to Acts of God, earthquakes, all labor disputes, civil commotion, civil disorder, riot, civil disturbance, insurrection, war, war-like operations, national or local emergency, acts of omission or in action by government authorities, rebellion, hostilities, military or usurped power, sabotage, governmental regulations, orders, moratoriums, or controls, fire, accident or other casualty, inability to obtain any material service.
- Notices. Any notice or notification required, permitted or contemplated hereunder shall be in writing, shall be addressed to the Party to be notified, at the address as set forth below, or at such other address as each party may designate for itself from time to time by notice hereunder, and shall be deemed to have been validly served, given or delivered (i) on the date of delivery if delivered personally to the party to whom notice is given, or (ii) on the date of actual delivery if sent by a regularly scheduled overnight delivery carrier with delivery fees either prepaid or an arrangement, satisfactory with such carrier, made for the payment of such fees, or (iii) the next business day if sent by confirmed email.
Notices as to Member: To the Address or email set forth in the Member Information Page.
Notices as to DSC: Attention Jessica Bergman,
Address: 15 S.E. 2nd Avenue, Miami, Fl 33131.
- Indemnification. Member and all heirs, representatives or assigns hereby agree to indemnify, defend and hold harmless DSC and its officers, employees, agents, successors or assigns from and against any and all liability, liens, claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions and causes of action arising out of or related to the negligent or intentional acts or omissions of Member and/or the Member’s failure to perform any of its obligations under this Agreement.
- Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, MEMBER AGREES THAT DSC WILL NOT BE LIABLE TO MEMBER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT OR USE OF THE FACILITY.
- Disclaimer of Warranties. ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED BY DSC.
- Representations, Consents and Acknowledgements by Member.
(i) Member represents and agrees that Member is in good health and has no disability, impairment, injury, disease, or ailment that prevents Member from engaging in active or passive exercise or which would cause an increased risk of injury or adverse health consequences as a result of such exercise. Member understands and acknowledges that neither DSC nor trainers nor other DSC personnel have expertise in diagnosing, examining, or treating any medical condition and does not provided medical advice. In the event Member experience any illness, injury, discomfort, impairment, or other health problem prior to or during Member’s use of the Facility, Member agrees to stop any DSC training program or WOD immediately, and that Member will consult a physician to obtain his or her consent before continuing with the use of the Facility or your participation in a WOD or training program.
(ii) Member agrees to sign the “Waiver & Release” before his or her Membership becomes active. If Member is under the age of 18, Member must have his parent or guardian sign the “Waiver & Release Consent from a Parent or Legal Guardian” before his or her Membership is activated. Member agrees to deliver the executed copy of the Waiver & Release to the Facility before use of the Facility. The “Waiver & Release” and the “Waiver & Release Consent from a Parent or Legal Guardian” shall be refereed together as the “Waiver & Release,” and are incorporated hereto and made part of the Agreement.
(iii) This Agreement incorporates a “Waiver & Release,” which is attached hereto, the “Member Information Page,” and the “Debit Authorization Form.” The “Waiver & Release,” the “Member Information Page,” and the “Debit Authorization Form” are made part of the Agreement. Member acknowledges that it has read and understood the contents of this Agreement (which contains the “Waiver & Release,” the “Member Information Page,” and the “Debit Authorization Form.”), and warrants and represents that all the consents, permissions, grants, authorizations, and/or any other statements or representations given herein, have been voluntarily made by Member and are true and correct. No oral representations, statements or inducements, apart from this Agreement have been made. If the Agreement is provided to Member for electronic signature, Member consents to using an electronic signature to sign this Agreement. By electronically signing this Agreement, Member also agrees to provide all the consents, permissions, grants, authorizations, statements and/or representations made herein, electronically. The Member acknowledges that his or her electronic signature will have the same legal force and effect as a handwritten signature. The Member’s electronic signature, including date and time of signing will be stored electronically and Member also consents to having his or her electronic signature stored electronically.
(iv) Member acknowledges that surveillance cameras are in use for the protection of the Facility, its equipment and other members. Member further acknowledges that DSC may also photograph Member for social media and promotional purposes. Member hereby consents to being photographed and/or recorded for such purposes.
- Jurisdiction and Disputes. This Agreement is made and accepted and shall be construed, interpreted and enforced in accordance with the laws of the state of Florida, without giving effect to principles of conflict of laws. All disputes hereunder shall solely be resolved in the applicable state or federal courts of in Miami-Dade County, Florida. The Parties consent to the jurisdiction of such courts, and waive any jurisdictional or venue defenses otherwise available.
(i) Unless otherwise provided in this Agreement, days shall mean calendar days.
(ii) Time is of the essence as to the Parties’ obligations under and to this Agreement.
(iii) This Agreement shall be binding on, and shall inure to the benefit of, each of the Parties and their respective past, present and future, successors, subsidiaries, affiliates, officers, directors, employees, insurers, agents, representatives and permitted assigns.
(iv) This Agreement may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original, equally admissible in evidence against any Party who has signed it, all of which together shall constitute one and the same Agreement. Electronic signatures, and signatures delivered by email or facsimile shall be deemed and accepted as original signatures.
(v) This Agreement may not be changed, modified or amended in any respect except by written instrument signed by both Parties.
(vi) This writing is an integrated Agreement and represents the entire understanding of the Parties relative to the subject matter described herein. No prior or contemporaneous agreements, whether written or oral, shall be enforceable if they materially alter, vary, or add to the terms of this Agreement.
(vii) Each provision of this Agreement shall be interpreted in such a manner as to be valid, legal and enforceable. A determination that any provision of this Agreement is for any reason invalid, illegal, or unenforceable shall not affect the validity of this Agreement and any other provisions herein, and this Agreement shall be interpreted and construed as if such invalid, illegal, or unenforceable provisions were not contained herein. If the scope of any of the provisions of the Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law.
(viii) Either Party’s failure to insist, in any one or more instances, upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any of its rights or obligations under this Agreement. If Company, however, waives any term, provision or Employee’s breach of this Agreement, such waiver shall not be effective unless it is in writing and signed by Company. No such waiver shall constitute a waiver of any other or subsequent breach by Employee.
(ix) Member may not assign, resell, or transfer to any other person or the rights allowed or obligations required by this Agreement. DSC, however, reserves the right to sell, assign or transfer any right or obligation under this Agreement, including the right to receive payments, to any third party.