Terms Of Service
and Waiver

FIT 407

WEBSITE TERMS OF SERVICE AGREEMENT

Prior to accessing or using www.FIT407.com (the “Website”) operated by FIT 407 (“us”, “we”, or “our”, as applicable), you (“you”) are required to read and agree to this Terms of Service Agreement (“Terms of Service”), which sets forth the legally binding terms and conditions for your use of the Website at www.FIT407.com. You are advised to save a copy of the Terms of Service for future reference.

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 must leave the Website and discontinue use of the Services immediately. If you wish to become a member (a “Member”) of FIT 407, you must read these Terms of Service and indicate your acceptance during the registration process.

FIT 407, with a primary address of  6516 Old Brick Rd Suite 120, Orlando Fl 34786, is registered with the State of Florida as a Health Studio, Registration No. HS

  1. Contract Agreement (“Contract”).
  • Members are entitled to penalty-free cancellation of this Contract within three (3) days after the date of execution, exclusive of holidays and weekends, upon the mailing or delivery of written notice of cancellation to FIT 407, and upon such notice, to receive a refund of all monies paid under the Contract, except that FIT 407 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 407 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 407 services have been rendered. A refund shall be issued within thirty (30) days after FIT 407’s receipt of the notice. To cancel, e-mail ([email protected]), 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.
  • Members are entitled to cancellation and refund of the Contract if the contracting business location of FIT 407 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 [email protected]. MEMBERS ARE ADVISED TO CONTACT THE DEPARTMENT FOR INFORMATION WITHIN SIXTY (60) DAYS SHOULD FIT 407 GO OUT OF BUSINESS.
  • A Member’s notice of his/her intent to cancel shall be given in writing to FIT 407, and that such a notice of cancellation shall also automatically terminate the Member’s obligation to any entity to whom FIT 407 has subrogated or assigned the Member’s Contract. If FIT 407 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 Member, 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 407 shall not be deemed out of business when temporarily closed for repair and renovation of the Facilities:
    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 the notice of cancellation.
  • 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. a. If this studio sells a single contract for 30 days or less, without any option or other condition which establishes any right or obligation of a member beyond the 30-day period then provision 1 should read as follows: “The initial contract will not be for a period in excess of 30 days. Renewal contracts may not be executed, and the fee therefore paid until the preceding contract expires.” b. If this studio sells SESSIONS in this manner (7a) then the contract must ALSO indicate: “All sessions must be used within 30 days.”
  • If the health studio requires a buyer 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 buyer with the means of such identification.

 

  • The Contract may be cancelled if the Member 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 Member or the Member’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 Member shall be established if the Member furnishes to FIT 407 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.

CANCELLATIONS AND NO-SHOWS. YOU MUST CANCEL A RESERVED CLASS AT LEAST TEN (10) HOURS PRIOR TO THE START OF THAT CLASS OR A LATE CANCEL FEE OF $15.00 WILL BE CHARGED. THIS INCLUDES SWITCHING TIME SLOTS UNDER THE 10-HOUR NOTICE DEADLINE. IF THE MEMBER DOES NOT CANCEL AND DOES NOT SHOW UP FOR CLASS, A NO-SHOW FEE OF $30.00 WILL BE CHARGED. RESERVED CLASSES NOT CHANGED OR CANCELED AT LEAST TEN (10) HOURS PRIOR TO THE SCHEDULED START TIME OF THAT CLASS WILL BE FORFEITED AND DEDUCTED FROM YOUR DAILY CLASS ALLOTMENT UNDER YOUR MEMBERSHIP. You may cancel or reschedule class through our online system or by calling the applicable FIT 407 location directly.

Reservations. YOU MUST BE PHYSICALLY PRESENT AT LEAST FIVE (5) MINUTES PRIOR TO THE START OF YOUR RESERVED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED MEMBER.

Personal Belongings. FIT 407 is not responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.

Injury or Illness. If recovering from injury or illness, notify the instructor prior to class start time.

Refund Policy.

 

  1. Classes and Memberships. Except as otherwise set forth herein, all Classes and membership packages are non-refundable.
  2. Retail Merchandise. Unused merchandise will be accepted for a full refund within seven (7) days of purchase. After seven (7) days from purchase, a store credit will be issued for up to thirty (30) days. No returns without a receipt. For questions or support with online purchases or returns, please contact [email protected]
  1. Limitation of Liability. By registering for a Website account, accepting these Terms of Service, or executing your membership Contract, you hereby acknowledge that you have read and understand the Waiver and Release. Furthermore, you agree on behalf of yourself, your minor child (or other minor for which you are a legal guardian), your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the FIT 407 workout program, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that FIT 407 strongly advises that you consult with your physician prior to commencing any Classes, and you acknowledge that you have been fully informed of the strenuous nature of this exercise program and the potential risks, hazards, and dangers associated therewith. You agree and assume all risk for your health and well-being, and fully release and hold harmless FIT 407 for any responsibility, cost or damages you may incur. NO ONE UNDER THE AGE OF FIFTEEN (16) MAY PARTICIPATE IN CLASSES OR USE THE FACILITIES AT FIT 407. MINORS AGE 16 AND 17 MAY PARTICIPATE WITH A PARENT OR LEGAL GUARDIAN PRESENT.
  1. Website Content. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein (collectively, the “Content”), are owned by or licensed to FIT 407, subject to copyright and other intellectual property rights under the law. The Content on the Website are provided to you as-is for informational purposes and personal use only, and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. FIT 407 reserves all rights not expressly granted in and to the Website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to FIT 407 are non-confidential and shall become the sole property of FIT 407. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. “FIT 407,” and other graphics, logos, wordmarks, and designs are trademarks of FIT 407 in the U.S. and/or other countries for which applications are pending. FIT 407 trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FIT 407.
  1. Mobile Services. The Services may include certain services available via your mobile phone, including but not limited to (i) the ability to book and/or purchase FIT 407 memberships, Classes, and merchandise via your mobile phone, (ii) the ability to receive and reply to FIT 407 messages, (iii) the ability to browse the Website from your mobile phone, and (iv) the ability to access certain FIT 407 features through a mobile application you have downloaded and installed on your mobile phone (collectively, the “Mobile Services”). FIT 407 does not charge for these Mobile Services; however, your cellular carrier’s normal messaging, data and other rates and fees will apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. You must verify with your carrier which Mobile Services are available for your cellular plan and mobile device(s) and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding FIT 407 and other entities by SMS, MMS, text message, email or other electronic means to your mobile device(s) and that certain information about your usage of the Mobile Services may be communicated to us.
  1. Third Party Sites. Our Website may contain links to third-party sites not owned or controlled by FIT 407. FIT 407 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You are strongly advised to read the terms and conditions and privacy policy of any third-party site that you visit.
  1. Governing Law. The Release and Waiver, Contract, and Terms of Service (and any other rules, regulations, policies, or guidelines incorporated therein by reference) shall be governed by and construed in accordance with the laws of State of Florida, without giving effect to any conflicts of law principles.
  1. Eligibility. Registration for an account and use of the Website is void where prohibited. This Website is intended solely for users who are 13 years of age or older. Any registration by, use of, or access to the Website by anyone under the age of 13 is unauthorized and in violation of these Terms of Service. By using the Website and the Services provided thereby, you represent and warrant that you are 13 years of age or older and that you agree to abide by all the terms and conditions of these Terms of Service. Minors ages of 13 through 17 may only register on the Website under the guidance of a parent or legal guardian.
  1. Fees. You acknowledge that FIT 407 charges fees for membership, Classes, and use of the Facilities, and FIT 407 reserves the right to change its fees from time to time in its sole and absolute discretion. If FIT 407 terminates your membership due to a breach of these Terms of Service, you are not entitled to a refund of any unused portion of membership, fees, or Classes.
  1. Account and Password. When creating your account on the Website (“Account”), you agree to provide complete and accurate information. You will be required to choose a login password for your Account, and you agree to always keep your Account and password secure. not to disclose your password to any other user or third party. You are solely responsible for any and all activity that occurs on your Account, and in the event you suspect any unauthorized access to or use of your Account or password, you agree to notify FIT 407 immediately. Unauthorized use of another person’s account is strictly prohibited.
  1. ARBITRATION. YOU AGREE THAT, EXCEPT AS OTHERWISE SET FORTH HEREIN WITH RESPECT TO SPECIFIC SERVICES ON THE WEBSITE AND ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE, THE WEBSITE AND/OR THE SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE WEBSITE AND/OR THE SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, EXCEPT TO THE EXTENT THAT EITHER YOU OR FIT 407 HAS, IN ANY MANNER, INFRINGED UPON OR VIOLATED OR THREATENED TO INFRINGE UPON OR VIOLATE THE OTHER PARTY’S PATENT, COPYRIGHT, TRADEMARK OR TRADE SECRET RIGHTS.
  1. Termination and Deactivation. You may deactivate your Website account at any time for any reason by following the instructions on the “My Account” page or by contacting your local FIT 407 studio location directly via phone or email. FIT 407 may terminate your membership and/or your access to the Website at any time, without cause or notice, which may result in the forfeiture and destruction of all information associated with you or provided by you. All provisions of the Terms of Service shall survive any termination or deactivation and shall remain in full force and effect thereafter.
  1. Changes to Terms of Service. FIT 407 reserves the right, in its sole and absolute discretion, to modify or replace these Terms of Service, at any time and without notice, by posting the updated Terms of Service on the Website. Your continued use of the Website after any such change(s) constitutes your acceptance of the new Terms of Service, and you are strongly advised to review the Terms of Service periodically for changes. If you do not agree to any of these Terms of Service (or any changes thereto), you must discontinue use of the Website immediately.
  1. Contacting Us. If you have any questions about these Terms of Service, the practices of FIT 407 or its services, or your dealings with this site, please contact us at:

FIT 407

phone:  407.775.0130

email: [email protected]