Terms of Service

Membership Information

Prior to accessing or using  www.FITAF.com, www.FIT407.com or www.FIT850.com (the “Website”) operated by FIT AS FIRE, FIT 407, FIT 850 and FIT AF (“FIT ”, “us”, “we”, or “our”, as applicable), you (“you”) are required to read and agree to this Terms of Service Agreement (“Terms of Service”) and Liability Waiver on the link at the bottom of the website, which sets forth the legally binding terms and conditions for your use of the Website at www.FITAF.com, www.FIT407.com and www.FIT850.com. We recommend that you save a copy of the Terms of Service for future reference and regularly revisit our Website for updates.

By accessing or using the Website in any manner, including, but not limited to, visiting or browsing the Website or contributing content or other materials to the Website, you agree to be bound by these Terms of Service. These Terms of Service set forth the legally binding terms for your use of the Website.

You are only authorized to access and use the Website and the services provided thereby (the “Services”), regardless of whether such access or use is intentional or unintentional, if you agree to abide by all applicable laws and regulations and these Terms of Service. If you do not agree with the Terms of Service, you are required to leave the Website and discontinue use of the Services immediately. If you wish to become a client (a “Client” or “Member”) of FIT AS FIRE, FIT 407, FIT 850 or FIT AF (“FIT”), you must read these Terms of Service and indicate your acceptance during the registration process.

FIT, with a primary mailing address of 6526 Old Brick Rd., Suite 120-519, Windermere, FL 34786, is registered with the State of Florida at Sunbiz.org

Policies and Procedures

Class Reservations and Payments

• All classes must be reserved and paid for in advance through our online booking system. Go to https://fitaf.com under the Buy Classes tab for location. Reservations require confirmation.

Cancellations and No Shows

• We understand that life can be unpredictable. Please cancel your reservation at least ten hours before the class (the “cancellation window”) to have the class credited back to your account for future use. Late cancellations (less than ten hours before class) will result in a $15.00 penalty and/or the loss of the replacement class credit. If your reservation is not cancelled and you do not attend the class (No Show), then it will result in a $25 or $30.00 penalty depending on the class and/or the loss of the replacement class credit.

Changes and Cancellations

• Coaches and classes may change or be canceled without notice. When possible, notifications will be sent via email or text message. By reserving a class, you consent to receive these notifications unless you opt out.

Waitlist

• If a class is full, you may join the waitlist. If a spot opens before the cancellation window closes, you will receive an email confirmation. Remember to cancel your reservation if you can no longer attend to avoid penalties. After the cancellation window, monitor the schedule for available spots, as we cannot automatically add you to the class.

Safety and Form

• Our trained coaches provide semi-private classes with corrective guidance during classes to ensure client safety and use of proper form.

Memberships, Class Credits and Studio Usage

• Memberships and class credit purchases entitle users to specific semiprivate coached classes. There is no free use of the studio other than the designated semiprivate classes being taught by coaches.

Children and Pets

• For safety reasons, unattended children and pets are not permitted in the studio.

Cleanliness

• Clients are required to wipe down their equipment after class to maintain cleanliness.

Sales and Transfers

• All sales are final, subject to certain restrictions. Classes cannot be transferred, exchanged, or shared between clients.

Payment Methods

• A valid debit or credit card must be on file for all active accounts, subject to regulations. To arrange payments with cash or other methods, please email your local studio manager for instructions.

Video Surveillance

• For safety and experience enhancement, we may use video surveillance in our studios.

Filming Restrictions

• Clients may not film workouts without prior written approval from our staff.

Image and Likeness Release for Photo/Video/Audio

By participating in any activity hosted or sponsored by FIT you grant FIT a perpetual, worldwide, royalty-free license to use your voice, image, persona, likeness, and performance in any audio, visual, and audiovisual recordings (including photographs, digital images, video, and audio recordings) taken by or on behalf of FIT (“Content”). This license allows FIT to:

1. Reproduce, modify, create derivative works from, and use the Content, in whole or in part, in any format or media now known or hereafter developed; and
2. Publicly display, perform, sell, rent, distribute, transmit, or broadcast the Works created from the Content by any means now known or hereafter developed.

You waive any rights to inspect or approve the use of the Content, and FIT may make modifications or changes to the Content without your approval. This permission applies to all languages, media, formats, and markets now known or hereafter developed.

This release will be used for all FIT facilities and locations for their brochures, websites, displays, articles, magazines, programs, advertisements, marketing, training and/or events.

If you are the Parent or Legal Guardian of a minor (under 18 years of age), you consent that the videotapes, photographs and/or motion picture film for which the minor appears, and/or audio recordings made of their voice may be used by FIT, its assigns or successors, in whatever way FIT desires, without compensation to you. Furthermore, you give consent that such photographs, films, negatives, and recordings and the plates and/or tapes or other medium from which are created by or for FIT shall be FIT’s property, and only FIT shall have the right to sell, duplicate, reproduce and make other uses of such photographs, films, recordings, plates, and tapes as FIT may desire free and clear of any claim whatsoever on your part and your minor’s part, or by anyone who may claim by or through your minor in perpetuity, including their heirs and assigns.

Personal Hygiene

To ensure a comfortable and pleasant environment for all members and staff, we require that all members maintain good personal hygiene, including managing body and clothing odor. If an issue arises, studio management reserves the right to address it privately and sensitively. Members may be asked to take appropriate measures to comply with this policy.

We recognize that certain medical conditions can affect personal hygiene. If you have a medical condition that impacts your ability to meet these standards, please inform us so we can discuss possible accommodations in accordance with the Americans with Disabilities Act (ADA) and applicable state laws.

By maintaining high standards of personal hygiene, we can ensure a positive and welcoming atmosphere for everyone in our studio community.

Acceptance of Terms

By using our Website or App, purchasing FIT classes, attending classes, or buying merchandise, you agree to our Terms and Conditions. These Terms and Conditions may be updated occasionally to reflect changes in FIT’s policies. Any revisions to these Terms and Conditions will be effective upon updating this document. We encourage you to review this document periodically to stay informed of our current guidelines.

If there are material changes to the Terms and Conditions, we will notify you in accordance with applicable law. This notification may be sent via email, posted on the Website or App, or through other means. Your continued use of our services after receiving such notification constitutes your acceptance of the updated Terms and Conditions.

Florida Statute § 501.017 for Health Studios

Clients are entitled to penalty-free cancellation of this Contract within three (3) days after the date of execution of your purchase (auto-renewals are subject to the 5 days prior to the renewal policy), exclusive of holidays and weekends, upon the mailing or delivery of written notice of cancellation to FIT, and upon such notice, to receive a refund of all monies paid under the Contract, except that FIT may retain a prorated amount computed by dividing the number of complete days in the contract term, or if appropriate, the number of occasions FIT services are to be rendered, by the total contract price and multiplying the result by the number of complete days that have passed since execution of the Contract or, if appropriate, by the number of occasions that FIT services have been rendered. A refund shall be issued within thirty (30) days after FIT’s receipt of the notice. To cancel, e-mail (hello@FITAF.com), mail, or hand deliver the signed and dated notice stating that you are canceling the Contract within three (3) days after the date of execution.

Clients are entitled to cancellation and refund of the Contract if the contracting business location of FIT goes out of business, or moves its facilities more than five (5) driving miles and fails to provide, within thirty (30) days, a faculty of equal quality located within five (5) driving miles at no additional cost to the Member. To cancel, e-mail, send mail, or deliver a signed and dated notice which states that you are canceling your purchase, and send it to hello@FITAF.com. CLIENTS ARE ADVISED TO CONTACT THE DEPARTMENT FOR INFORMATION WITHIN SIXTY (60) DAYS SHOULD FIT GO OUT OF BUSINESS.

A Client’s notice of his/her intent to cancel shall be given in writing to FIT, and that such a notice of cancellation shall also automatically terminate the Client’s obligation to any entity to whom FIT has subrogated or assigned the Client’s Contract. If FIT wishes to enforce such Contract after receipt of the notice, it may request the Florida Department of Agriculture and Consumer Services (the “Department”) to determine the sufficiency of the notice.

If the Department determines that a refund is due the Client, the refund shall be an amount computed by dividing the contract price by the number of weeks in the Contract term and multiplying that result by the number of weeks remaining in the Contract term. The business location of FIT shall not be deemed out of business when temporarily closed for repair and renovation of the Facilities:

i. Upon sale, for not more than 14 consecutive days; or

ii. 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 the notice of cancellation.

The Contract may be cancelled if the Client dies or becomes physically unable to avail himself/herself of a substantial portion of those services 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 Client or the Client’s estate seeking relief under this paragraph may be required to provide proof of the disability or death. A physical disability sufficient to warrant cancellation of the Contract by the Client shall be established if the Client furnishes to FIT certification of such disability by a physician licensed under Chapter 458, 459, 460 or 461, Florida Statutes, to the extent the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within thirty (30) days after receipt of the notice of cancellation.

If the health studio requires a Client to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the health studio will provide the Client with the means of such identification.

SHOULD YOU CHOOSE TO PAY FOR MORE THAN ONE MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF 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.

Contact

At any time, you may contact us with any questions related to Terms of Service at hello@FITAF.com.