1. DEFAULT. You will be in Default if you breach any of this Contract’s terms or conditions, or if you fail to pay any installment within 30 days after the date when such installment is due, or if you repudiate this Contract in writing.  If you are in Default, your membership privilege may be denied.  The acceptance of any payment after default will not release Buyer from any other obligation under the Contract.  Payments are applied first to fees or charges assessed, if any, and then in the order in which they are scheduled to be made.

a. Should default be made in any membership payment, the holder of this note, 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 note is collected by or though an attorney at law, not salaried employee of the holder, and for the payment of court cost.  In the event of a default in the payment of this note 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. Buyer shall not be relieved of obligations to make any payments of the membership or monthly dues except as herein agreed to.  No deduction of allowance from any of said payments shall be made, by reason of the absence or withdrawal of Member from the health club, or by reason of Member’s failure to attend or use the health club.

3. This Contact may be assigned by Seller and, if so assigned, the words “Company” and “Seller” will also mean the company to which this Contact is assigned or transferred.  If this Contract is assigned, the Assignee shall have and be entitled to exercise any and all rights and power of Seller hereunder, by (notwithstanding anything in this Contract to the contrary) Assignee shall not be chargeable with any obligations or liabilities of Seller hereunder or with respect thereto.  In the event of assignment, Seller reserves its rights to assert any defenses it has or may have under this Contract or with thereto.

4. Memberships are not transferable.  Since this membership is not transferable, neither Buyer nor Member may sell, assign, or transfer this Contract, his membership card or membership in Seller, or any other right or privilege, and any such attempted sale, assignment or transfer shall be null and void.  Member may not loan his/her membership card to anyone.

5. Any previous existing unresolved affiliation with Alter Ego Fitness will give Alter Ego Fitness the right to void this contract.

6. RIGHT TO CANCEL

A. CANCELLATION OF OPEN-ENDED, or "MONTH TO MONTH" CONTRACT WITH NO EXPIRATION DATE.  THIS CONTRACT HAS NO EXPIRATION DATE.  THEREFORE, YOU HAVE AGREED TO PAY ON A MONTH TO MONTH BASIS AND MAY CANCEL THIS CONTRACT WITH 30 DAYS WRITTEN NOTICE AT ANYTIME.

7. DEATH OR DISABILITY OF BUYER.  If the Buyer dies or becomes physically unable to avail himself of a substantial portion of the services he used from the commencement of the Contract until the time of disability, the Company shall refund funds paid or accepted in payment of the Contract in the 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 (assuming there has been a prepayment by the Buyer for an unexpired term in the Contract).  The Buyer or the Buyer’s estate seeking refund under this clause shall provide proof of disability or death.  Physical disability, sufficient to warrant cancellation of the Contract by the Buyer, shall be established if the Buyer furnishes to the health studio a certification of such disability by a physician licensed under chapter 458, 459, 460, or chapter 461. *This requires a letter from the Buyer’s physician on his/her letterhead stating the nature of Buyer’s illness and that documents delivered to you by the Company at the time this Contract was signed, including this Contract, your membership card, cash receipt and any other materials evidencing membership in the health club.

8.  CLOSING OF COMPANY FACILITY. If the Company closes or moves the facility at the address designated in the Contract and fails to provide other facilities of equal quality at no additional cost to Buyer within 30 days and within 5 driving miles of that address, the Buyer may give written notice of Cancellation of the contract by mailing or delivering such notice to the club of enrollment. The Department of Agriculture and Consumer Services may be requested by Seller to determine the sufficiency of Buyer’s notice of cancellation under this provision.  Upon such notice, (or upon the Department’s determination of sufficiency) the Company shall refund funds paid or accepted on a pro rate basis 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 (assuming there has been a prepayment by the Buyer for an unexpired term in the contract.)  The Company shall not be deemed to have gone out of business when temporarily closed for repair and renovation of the premises:  upon sale, for not more than 14 consecutive days; and during ownership, for not more than 7 consecutive days in any calendar year and not more than two periods of 7 consecutive days in any calendar year.  If you cancel in accordance with this provision, please return with your notice all documents delivered to you by the Company at or after the time this Contract was signed, including this contract, your membership card, cash receipt and any other materials evidencing membership in the health club.

9. Except as prevented by act of God, war, strike and other cause beyond its control, Seller shall during the term of Member’s membership, maintain its health club facilities and the supervision thereof substantially as at the date of this Contract. Seller reserves the right and privilege at any time hereafter to close any of its facilities or alter its hour of operation, and the privileges and rights granted to Member herein to use the facilities and equipment shall not be understood to mean that Seller guarantees to maintain any particular location or all of its existing facilities and health clubs.  Classes and equipment available are subject to demand and may be crowded at peak hours, or may be discontinued or times changed if demand fluctuates.

10.  WAIVER AND RELEASE.  You (the Buyer and member) agree that you are aware that you are engaging in physical exercise and the use of exercise equipment, club facilities, training and instruction, which could cause injury to you.  You are voluntarily participating in these activities and assume all risks of injury to you that might result.  You hereby agree to waive any claims or rights you might otherwise have to sue the health club, its employees or agents for injury to you on account of these activities or your own negligence.  You have carefully read this waiver and fully understand it is a release of liability. The company will make no evaluation or recommendation whether member or guests are sufficiently fit for any exercise activities.  It is always advisable to consult your physician before undertaking a physical exercise program.

11. Buyer and member warrant, represent and agree that member is in good physical condition and the member has no disability impairment or ailment preventing member from engaging in active or passive exercise or that will be detrimental or inimical to member’s health, safety, comfort, or physical condition or that of others if member does so engage or participate. Member represents that he will not use the facility with any open cuts, abrasions, infections, maladies with the potential of harm to others, or otherwise in accordance with the public health requirements.  The management of each club shall have the final determination in this regard.  Their decision is final.

12. MEMBERSHIP RULES AND REGULATIONS. All facilities and services that the company has agreed to provide are described in the “Rules and Regulations.”  Member agrees to keep and obey all rules and regulations now in force or in the future prescribed by the company or its associated health clubs, for the use of the health clubs and the equipment and facilities therein including rules with respect to lockers, uniforms, and personal hygiene. These rules are subject to change; changes will be posted.  Member understands and agrees that the company may revoke this membership because of a breach of this contract or because of a failure by the member to obey the rules and regulations or because of any activity by the member in using the facilities and services which creates a nuisance, disturbs other members, or constitutes an act of moral turpitude or fraud.

a. MEMBERSHIP CARD/FEE.  The Enrollment Fee covers the original membership card. Cards will be replaced for a $10 replacement fee.  The company assumes no responsibility for lost or stolen membership cards.  The card is solely and exclusively for the use of enrolled members and must be presented each time the member visits the facility.  Identification cards are not transferable.  If presented by non-members, card will be confiscated by the company.  Cards are not transferable.

b. DRESS CODE. Shirts must be worn at all times while on club courts, lobby, lounge, and fitness areas.  Half shirts not allowed. Athletic shoes must be worn on the courts and in fitness areas.  No BLACK/BLUE OR WAFFLE BOTTOM SHOES ARE PERMITTED ON WOODEN COURT FLOORS.  Members and/or guests with illegal shoes will be required to stop play and no refunds will be given.  Athletic shorts and pants must be worn at all times.  No denim or pants that have buttons may be worn at anytime to prevent damage to upholstery on fitness equipment.

c. GUEST PRIVILEGES. Circumstances permitting, members may have friends attend as guests. The Company reserves the right to impose a guest charge. Guests must sign a guest registration card and agreement.  All guests must be under the supervision of our staff.  Member agrees to indemnify the company, its affiliates, agents and employees against any and all liability incurred by them to any person brought into the facility as a guest.

d. NO COMPETING BUSINESS. It is prohibited for any member or guest to conduct any commercial business or activity, or solicit any business competitive with that of the health club (including personal trainer services), from the health club premises without the prior, express, written consent of management. The company will seek to recover any revenues received by member or guest in violation of this policy and attorney’s fees and court costs incurred in that regard.  It is prohibited for any member or guest to purchase or subscribe to any such prohibited business activity.

e. DAMAGE OF CLUB PROPERTY. Any member who negligently damages property of the company will be charged for the replacement of repair of the damaged property.

f. PERSONAL HYGIENE.  MEMBERS WHO EXUDE A STRONG BODY ODOR THAT IS DISTURBING TO OTHER MEMBERS OR STAFF WILL BE ADDRESSED IN PERSON BY MANAGEMENT.  IT IS REQUIRED TO USE ODOR PROTECTION WHEN USING OUR FACILITIES AND WE RESERVE THE RIGHT TO REVOKE YOUR MEMBERSHIP IF YOU ARE NOT FOLLOWING OUR GUIDELINES.  NO STRONG PERFUMES OR COLOGNES MAY BE USED.

13.  In the event that member shall claim that his membership card is lost, stolen or destroyed, seller may require an affidavit setting forth the relevant circumstances and the payment of a $10.00 service fee before issuing a replacement card.  (Subject to increase without notification)

14. This contract constitutes the entire and exclusive agreement between the parties. Any promises, representations, understandings and/or agreements pertaining directly or indirectly to this contract which are not contained herein, are hereby waived.  This contract may be modified only by an instrument in writing; however, seller or assignee of this contract is hereby authorized to correct patent errors in this contract (and in other documents, if any, executed in connection herewith).  At seller’s option, this contract shall be null and void if it is not completed by seller’s employee in accordance with seller’s then current price and payment programs.  No change to any printed term in this contract shall be valid.

15. This contract is governed by the laws of the state of Florida, and to the extent preempted, by the federal law of the United States.

16.  If any particular provision of the contract is invalid, the same shall not affect the other provisions hereof.

17.  The company can delay enforcing its rights under the contract without losing them.

18. a. CHANGE OF OWNERSHIP.  If ownership of the health club changes, the new owner, within 10 days of such change, shall provide each member with notice of the right and obligations of the members and the health club affected by such change.

       b. TERM.  THE INITIAL TERM OF THIS CONTRACT WILL BE FOR A PERIOD NOT IN EXCESS OF 36 MONTHS AND THEREAFTER SHALL BE RENEWABLE (IF RENEWABLE MEMBERSHIP IS PURCHASED) NO MORE THAN ANNUALLY.

19. a. BONUS TIME.  To the extent that you are provided with membership 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 member to any cash refund. All bonus time will be added to the expiration date. 

b. VERIFICATION OF MEMBERS REPRESENTATIONS.  Representations by member to obtain a special membership at posted discount price are subject to verification.  Member agrees that any false representation made by him/her, shall entitle the company to cancel the contract and revoke member’s membership without refund of any payments made hereunder, which shall be retained as liquidated damages.

c. HOURS OF OPERATION. Alter Ego Fitness Downtown, operating schedules may be changed from time to time. Check the posting of the Hours of Operation at Alter Ego Fitness for current hours you wish to attend. Alter Ego Fitness will be closed on holidays.

20.  a. MONTHLY DUES:  Monthly dues charges shall continue regardless of use, unless member notifies seller in writing (with 30 days notice) that member wishes to cancel this membership within the guidelines herein (sections 6 of this contract)or this contract expires. If this contract has no expiration date, monthly dues shall continue indefinitely.  Such notice shall be accompanied by return of member’s membership card and any other evidence of membership provided.  Regardless of such cancellation, any outstanding membership fee is due in full; member may within thirty (30) days of the date of this contract or the yearly anniversary date of this contract pay in advance for a full year of annual dues. Dues payments may be applied to the seller to pay any other sums due to seller which are past due.  Monthly dues will continue unless Alter Ego Fitness is notified in writing or this contract expires.  If (renewal) dues are not paid within thirty (30) days of buyer’s expiration date, membership will be cancelled. In order to resume an exercise program, a new membership must be purchased at whatever the clubs current rates are at that time.  This may include a new enrollment fee. 

21. FREEZE TIME.  Open ended cannot be frozen. 

22.  MISCELLANEOUS.  Management reserves the right to alter or amend these rules or change the fees at anytime.  Management does not guarantee court availability. Management also reserves right to alter or adjust the equipment in its facilities at any time.

23.  LOST AND FOUND. Alter Ego fitness will not be held responsible for lost or stolen articles.  We highly recommend that you leave all valuables at home when coming to the club. The club maintains a lost and found area; however, we cannot guarantee the security of these items.  Items left over 30 days are disposed of.  This membership includes use of all facilities excluding premier services such as league play, clinics, special programs, testing, food, beverage and any other new services Alter Ego Fitness Downtown deems as premier.     

Waiver of Liability and Assumption of Risk

Acknowledgment of Understanding: I have read this waiver of liability and indemnification agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend my acceptance indicated by checking the box above ("I accept and agree to the Waiver of Liability and Assumption of Risk) to be a complete and unconditional release of all liability to the greatest extent allowed by law in the State of Florida.

Assumption of Inherent Risks: Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. AEFD has facilities for and provides for activities such as weight lifting, walking, jogging and running, aerobic activities, and racquetball. Some of these involve strenuous exertions of strength using various muscle groups, some involving quick movements involving speed and change of direction, and others involve sustained physical activity which places stress on the cardiovascular system.

The specific risks vary from one activity to another, but in each activity the risks range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as loss of sight, joint or back injuries, concussions, and heart attacks to 3) catastrophic injuries including paralysis and death.

I have read the previous paragraphs and I know the nature of the activities at AEFD, I understand the demands of those activities related to my physical condition and skill level, and I appreciate the types of injuries which may occur as a result of activities made possible by AEFD. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.

Acknowledgment of Understanding: I have read this assumption of risk and fully understand its terms. I acknowledge that I am signing the agreement freely and voluntarily and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law in the State of Florida.