Florida Studio Location:
10198 SW Village Parkway – Suite 106
Port St. Lucie, FL 34987
FLX33 TERMS AND CONDITIONS FOR MEMBERSHIPS AND CLASS CREDITS
Last Updated: OCT. 5, 2022
FLX33 is registered with the state of Florida as a Health Studio Facility, Registration Number (…………….)
These Terms and Conditions for Classes and Memberships (the “Terms and Conditions”), constitute a binding, contractual agreement between you and FLX33 (“FLX33,” “we” or “us”) regarding your purchase or use of any FLX33 membership or any FLX33 class credits, class packages or other services.
A “Participant” is anyone who purchases a class credit or package from FLX33 and/or anyone who attends a FLX33 class or who receives any other service provided by us. A Member is anyone who purchases or possesses a Membership from FLX33. In these Terms and Conditions, “FLX33” refers to all FLX33 or the indoor cycling classes offered by FLX33, as appropriate.
These Terms and Conditions apply to Participants and Members. Every time you make a purchase from us or attend a class or receive any other service from FLX33, you acknowledge and accept these Terms and Conditions.
Our contact information:
10198 SW Village Parkway – Suite 106
Port St Lucie, FL 34987
CLASSES AND PACKAGES
FLX33 offers various packages for classes, ranging from one to multiple classes per package and also offers various other services. Once a package is purchased, Participants will receive a class Credit in their account for each FLX33 class purchased in the package. “Credit” refers to any credit to take a FLX33 class, whether purchased or complimentary. All Participants and Members must create a FLX33 account (“Account”) before taking a class.
All Participants must arrive by the start of class to guarantee their bike or mat. We reserve the right to offer the reservation of any Participant who has not arrived by the start of class to anyone on the waitlist who is present at the start of class. If no one from the waitlist is present, FLX33 allows a five (5) minute window after the start of class for Participants to enter the class. For the safety and enjoyment of all Participants, a Participant may not enter the class if he or she is more than five (5) minutes late.
Reserved classes may be cancelled without penalty before 5PM the day before the scheduled class at FLX33.com (the “FLX33 Website”) under My Account or through the FLX33 iPhone application (the “FLX33 App”) on the Reserve or Reservation Details page. Each reservation not cancelled 8 Hours before the start of class will result in the forfeiture of the Credit used to reserve the class. (Please see below for the class cancellation policy for Memberships.)
If no reservations are available for a particular class, Participants may join the waitlist. As they become available, class reservations are offered by email or text (depending on when the reservation becomes available) to Participants on the waitlist on a first come, first served basis. If a Participant is offered and accepts a reservation off the waitlist but fails to attend the class, it will result in the forfeiture of the Credit used to reserve the class. (Please see below for the class cancellation policy for Memberships.)
Any class over sixty minutes requires two Credits, unless otherwise specified.
On occasion, FLX33 may offer complimentary classes, including for new studio openings or new instructors. Complimentary classes will sometimes require a purchased class Credit to make a class reservation. Any purchased Credits used to reserve such a class will be returned within one (1) week of the class.
EXPIRATION AND TRANSFERABILITY OF CREDITS
(1 Class Credit) Expire 30 Days from date of purchase
(5 Class Credits) Expire 60 Days from date of purchase
(10 Class Credits) Expire 90 Days from date of purchase
(25 Class Credits) Expire 150 Days from date of purchase
Credits have an expiration date as described in the credit, package or promotion details provided at the time of purchase. Once purchased, the expiration date or period can also be found on the FLX33 App or the FLX33 Website. Credits and Cash gift cards are not the same product. Unlike Credits gift cards never expire.
Credits can be used at particular FLX33 locations or regions, depending on the particular credit, package or promotion purchased. Credits are non-refundable and cannot be resold.
Credits are non-transferable among people and locations. Also, FLXCycle Credits cannot be transferred to FLXBarre Credits, and FLXBarre Credits cannot be transferred to FLXCycle Credits.
FLX33 offers various memberships for unlimited FLX33. (“Memberships”). Specific details for each of the Memberships, including the commitment period, can be found on the FLX33 Website and FLX33 App and/or in the promotional details provided at the time of purchase. Memberships cannot be shared or transferred, and any attempt to share or transfer a Membership will result in cancellation of the Membership, at FLX33’s sole discretion, without a refund.
If a Member requests a Membership downgrade, the change will take effect on the billing date following the Member’s request. Membership dues will not be prorated or refunded based on the date of the Membership downgrade request.
If a Member requests a Membership upgrade, the Member will have immediate access to their upgraded membership. The Member will be charged a prorated amount for the remainder of the monthly billing cycle, and the Membership upgrade will be reflected in the Member’s next billing date.
Some Membership changes, such as change to the membership type, will cause the commitment period to restart.
Members may cancel a class without penalty 8 hours before the start of scheduled class at the FLX33 Website under My Account or through the FLX33 App on the Upcoming Class page. Each reservation not cancelled 8 hours before the start of the class will result in a fee of up to $21 plus applicable taxes, which will be charged directly to Member’s credit card. The fee cannot be paid for with a class Credit unless a Credit was used to make the reservation.
If no reservations are available for a particular class, Members may join the waitlist. As they become available, class reservations are offered by email or text to Members on the waitlist on a first come, first served basis. If Member is offered and obtains a reservation off the waitlist but fails to attend the class, it will result in a fee up to $21 plus applicable taxes, and will be charged directly to Member’s credit card.
Subject to the specific requirements of each state as described herein, Members may cancel their Memberships, after the required commitment has been met, by providing written notice to email@example.com or by notifying us in person at our facility. After providing such notice, Member will be charged one additional time, with the Membership terminating thirty (30) days after the final payment date. Members who wish to cancel their Membership should notify FLX33 before the billing date that corresponds to their final month of Membership to avoid paying unwanted dues. Membership dues will not be prorated based on the date of cancellation. Membership dues are non-refundable.
Subject to the specific requirements of each state as described in section below, if a Member is medically unable to attend classes, a Member may request a freeze of Membership (“Medical Freeze”) for up to nine (9) months. In such case, a Member must provide a doctor’s note at the time of such request. FLX33 reserves the right to verify the note with the doctor. Members must notify FLX33 upon returning from the Medical Freeze by emailing firstname.lastname@example.org After the Medical Freeze, FLX33 will resume charging, and Members are obligated to pay, the Member’s monthly dues until any commitment period has expired.
Medical Freeze requests should be made to the on-site FLX33 manager. Any non-medical freeze requests should also be directed to the on-site FLX33 manager.
UNLESS OTHERWISE STATED BY FLX33 IN WRITING, MEMBERSHIP CHARGES WILL BEGIN AT THE TIME OF PURCHASE AND RECUR MONTHLY UNTIL CANCELLED BY THE MEMBER IN ACCORDANCE WITH OUR CANCELATION POLICY ABOVE. MEMBERSHIPS BEGIN AT THE TIME OF PURCHASE (AND NOT AT THE TIME OF MEMBER’S FIRST CLASS). THE MONTHLY DUES WILL BE CHARGED AUTOMATICALLY AND ON APPROXIMATELY THE SAME DAY OF THE MONTH THAT THE MEMBERSHIP COMMENCED AND ORIGINAL MEMBERSHIP PAYMENT WAS MADE (the “Billing Date”).
Billing dates cannot be moved to a different day of the month. If payment does not process successfully, the Membership will automatically become inactive until payment is made. Any lost time that results from payment processing failures will not be reimbursed or credited.
Cancelling a Membership before the end of the commitment period does not relieve Member of payment through the commitment period.
FLX33 reserves the right to increase its Membership dues from time to time, and will provide Members written notice in advance of any increase and the opportunity to cancel their Membership once the increase is instated. Members who choose to continue their Membership will be charged the increased dues in the next billing cycle after the increase has been implemented. Please note that the advanced written notice and opportunity to cancel does not apply to Memberships that have automatic rate increases as described at the time of purchase.
FLX33 collects sales tax on taxable credits, memberships, and other products in Florida Prices shown do not reflect any federal, state or local taxes. Taxes will be reflected during checkout based on the location and product.
CORPORATE AND STUDENT MEMBERSHIPS
FLX33 has corporate Memberships with various companies and organizations through which their employees receive discounted Memberships and class packages. The same terms that apply to general Membership as described above also apply to corporate Membership. In addition, once someone becomes a corporate Member, he/she cannot retroactively apply the discount to prior purchases or prior Membership dues.
In some regions, FLX33 also offers discounted Memberships to students. (See below for information about additional student discounts.) The same terms that apply to general Membership as described above also apply to student Membership. In addition, once someone becomes a student Member, he/she cannot retroactively apply the discount to prior purchases or prior Membership dues.
Corporate and student discounts cannot be combined with any other discounts. FLX33 reserves the right, from time to time, to verify eligibility for corporate and student Memberships.
PAYMENT OBLIGATIONS OF MEMBERS AND PARTICIPANTS
Memberships and Credits are non-refundable. Members and Participants shall not be relieved of the obligation to make payments agreed to, and no deduction from or reimbursement of any payment shall be made, because of Member’s or Participant’s failure to use FLX33’s facilities. In other words, Members must continue to pay the rate agreed upon for the duration of the Membership regardless of the number of classes attended. Participants will not be reimbursed or credited any unused Credits in the period allotted for the class package purchased. FLX33 reserves the right to increase its Membership dues or class/package prices from time to time.
FORM OF PAYMENT
All payments (including for monthly Membership dues, classes, Early Booking, and incidentals) are payable by electronic funds transfer from Member’s or Participant’s credit card account or debit card account. Payments for Membership dues or classes may not be split between multiple cards, and processed payments may not be refunded in order to charge payment to a different card. Members and Participants must authorize payments to be made through a third party administered electronic funds transfer system. Members and Participants maintain full control and privacy over their account at all times.
Once you have provided us with, and agreed to store, your credit card information on the FLX33 Website or the FLX33 App, you do not need to have your physical credit card on hand to make in-studio purchases. Your in-studio purchases can be applied to the credit card you entered on the FLX33 Website or the FLX33 App.
RETURNED PAYMENT PENALTY
Members and Participants will automatically be charged any bank fee imposed on FLX33, plus a processing fee of up to $20, for any returned payment due to closed accounts, insufficient funds, or other reason. If this occurs, FLX33 retains the right to collect the current and past due balances in any month after the returned payment.
CHANGE IN OPERATING HOURS/TEMPORARY CLOSING OF FACILITY
As a result of repair, maintenance, special occasions or events, holidays, acts of God (such as a heavy snow storm), or for other reasons, FLX33 may elect to restrict the use of or temporarily close its facilities or activities from time to time. There will be no reduction, suspension or reimbursement of Membership dues during such time nor extension of a Membership period as a result of any temporary closing. Also, hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at FLX33’s sole discretion.
From time to time, FLX33 may offer special promotions or offers. When such promotions or offers arise, please refer to the specific promotion details for any terms that may differ from these Terms and Conditions.
FLX33 gift cards are available for purchase on the FLX33 website and in FLX33 locations and are redeemable online only and not for purchases of retail items. Gift cards are non-refundable and the entire gift card must be redeemed by a single Account. Gift cards do not expire, however, once they are redeemed for Credits, the Credits expire based on the expiration date described in the details provided at the time of purchase. Gift cards are not redeemable for cash except where required by law.
RISKS AND SAFETY
Members and Participants shall not use any FLX33 facility, service or equipment in such a way as to endanger the health or safety of themselves or others. Members and Participants shall be responsible for any property damage or personal injury caused by themselves or their guests. Members and Participants agree not to violate any laws while in FLX33 facilities.
REVOCATION OF MEMBERSHIPS AND CREDITS
FLX33, in its sole discretion, may revoke Memberships or Credits at any time and without refund, in the event that a Member or Participant engages in behavior that is unsafe or objectionable to any other Member, Participant or staff, or for reasons of nuisance or disturbance to any other Member, Participant or staff, moral turpitude, fraud, personal hygiene or attire.
MEDICAL RECOMMENDATIONS AND DISCLAIMER
Members and Participants should consult with their physician or have a physical examination before using any of FLX33’s facilities or enrolling in any classes, especially if the Member or Participant is elderly, pregnant, has a prior injury, has a history of heart disease, high blood pressure or other chronic illness, is unaccustomed to physical exertion or has other physical limitations. Members and Participants acknowledge that FLX33 makes no claims as to medical or fitness results that can or may be obtained through use of the FLX33’s facilities, equipment or services. FLX33 has neither suggested nor will suggest any medical treatment to Members or Participants. Only licensed medical professionals are qualified to give medical advice.
Members and Participants represent that: (1) there are no medical or physical conditions that would preclude their use of FLX33’s facilities; (2) they have not been instructed by any physician not to use FLX33’s facilities, equipment, services, or similar equipment or services; and (3) they are in good health and have no disability, impairment, injury, disease or ailment preventing them from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise.
Any strenuous athletic or physical activity involves certain risks. Members, Participants and their guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of FLX33’s facilities. FLX33 cannot guarantee that any facility or equipment is free of risk. Members and Participants agree to exercise care in the use of FLX33’s facilities, equipment and services to protect against accidents.
Members and Participants are strongly encouraged to request and take advantage of an initial introduction (including bike fitting) and ongoing support available to ensure the proper and safe use of all FLX33 equipment.
LOSS OF VALUABLES
Members and Participants are urged not to bring valuables onto FLX33 premises and, if they choose to do so, to keep valuables with themselves at all times. FLX33 shall not be liable for the disappearance, loss, theft of or damage to personal property (including money, jewelry, or other valuables).
RELEASE AND INDEMNITY
Members and Participants hereby acknowledge that there are inherent risks in indoor cycling and exercise and in using the equipment associated with FLX33’s classes and/or instruction. Members and Participants assume full responsibility for their use of FLX33’s facilities and shall indemnify FLX33, Inc. and its shareholders, affiliates, agents and employees against any and all liability arising out of the use of FLX33’s facilities. Additionally, Members, Participants and their guests shall hold FLX33 harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of their use of FLX33 facilities, equipment, or services.
ADDITIONAL GENERAL PROVISIONS
Cellphones are permitted in the FLX33 lobby/juice bar area of the studio.
Cellphones are prohibited in FLX33 classes unless prior permission has been granted.
Children under age 12 are not permitted in any FLX33 Class without the express permission of FLX33 management.
FLX33 does not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry with respect to participation in FLX33 classes.
If any provision of this agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this agreement, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
Consumer Protection Clauses
Members are entitled to the penalty-free cancellation of this contract within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to FLX33, and refund upon such notice of all moneys paid under the contract, except that FLX33 may retain an amount computed by dividing the number of complete days in the contract term, or if appropriate, the number of occasions health studio services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that health studio services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation made within the 3-day provision. [s. 501.017(1)(a), F.S.]
Members are entitled to the cancellation and refund of the contract if the contracting business location of FLX33 goes out of business, 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 buyer.
A Member’s notice of his/her intent to cancel shall be given in writing to FLX33. Such a notice of cancellation shall also terminate automatically the consumer’s obligation to any entity to whom FLX33 has subrogate or assigned the consumer’s contract. If FLX33 wishes to enforce such contract after receipt of the notice, it may request the department to determine the sufficiency of the notice. [s. 501.017(1)(b), F.S.]
If the department determines that a refund is due the buyer, the refund shall be 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 business location of FLX33 shall not be deemed out of business when temporarily closed for repair and renovation of the premises either (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.
Any refund will be issued within 30 days after receipt of the notice of cancellation.
Members are advised to contact the Florida Department of Agriculture & Consumer Services for information within 60 days should FLX33 go out of business. [s. 501.017(1)(c), F.S.]
The contract may be cancelled if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she 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 buyer or the buyer’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 contract by the buyer shall be established if the buyer furnishes to FLX33 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 after receipt of the notice of cancellation.[s. 501.017(1)(d), F.S.]
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. [s. 501.017(1)(e), F.S.]
If the FLX33 requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the FLX33 will provide the buyer with the means of such identification. [s. 501.017(1)(f), F.S.]
Member’s Signature__________________________________ Date_______________________
Start Date___________________________ End Date_____________________________
I UNDERSTAND AND AGREE TO COMPLY IN FULL WITH THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT AND ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND AM AWARE THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY AND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE OR HOLD FLX33® RESPONSIBLE FOR ANY INJURY WHICH I MAY SUFFER. I AM SIGNING THIS AGREEMENT OF MY OWN FREE WILL AND INTEND FOR MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
These Terms and Conditions, FLX33’s Terms of Service, and any other rules, policies and regulations of FLX33, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements. This agreement may be modified only by an instrument in writing and only by FLX33.