Terms and Conditions for Registration with Iron Bodyfit and the supply of Services (“Terms and Conditions”)

The Services are provided by SWISS MIAMI CORP doing business as Iron Bodyfit (“Iron Bodyfit”) at 2451 NE Miami Gardens Dr Ste 1, Aventura, FL, 33180 registered with the State of Florida as a health studio under registration No. H16039.

By entering into a Subscription Agreement with Iron Bodyfit (‘the Subscription Agreement)”, you (“Member”) agree to the following Terms and Conditions as may be amended from time to time by Iron Bodyfit at its sole discretion (“Terms and Conditions”).

Member acknowledges that prior to the execution of the Subscription Agreement, Member (i) was able to visit Iron Bodyfit's facility where the Services will be rendered (“Studio”), (ii) was informed about the offered Services, the opening  hours,  (iii) read, understood and agreed to these Terms and Conditions including the Studio’s regulations.

If you do not agree to these Terms and Conditions, you must immediately cease using the Services. 

1. DESCRIPTION OF SERVICES
   

These Terms and Conditions and the Subscription Agreement constitute a membership agreement and not an optional services agreement that grants access to the Studio during normal operating hours for one session per week during the Term of the Subscription Agreement.

2. FEES AND PAYMENTS

Form of Payment. All amounts due are payable monthly by Electronic Funds Transfer (“EFT”) from the Member’s checking account, savings account, credit  card  account  or  debit  card  account.  Member must authorize   payments  to  be  made  through  a third party administered EFT. Members maintain full control and privacy over their accounts at all time, and the transfer of funds only affect the funds that have Member’s prior authorization in accordance with the Subscription Agreement. 

Automatic Transfer and Collection. The transfer of funds will occur automatically every month. If Iron Bodyfit cannot not collect Member’s amounts due utilizing the form of payment provided by. Member, then Iron Bodyfit may continue attempting to collect Member’s monthly due Fees, plus any additional charges incurred for collection. Until Iron Bodyfit collects the amount dues, iron Bodyfit may suspend Member’s access to the Studio provided that the Member;s monthly Fees will remain due until the expiration of the Term of the Subscription Agreement.

Member’s Obligations. Member shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of Member’s failure to use the Services. All amounts are due for the entire Term of the Subscription Agreement. Resignation from Iron Bodyfit shall not terminate the obligation to pay the Membership Fees until the expiration of the Term of the Subscription Agreement.

Returned  Payment  Penalty.  Member will automatically be charged  any bank fee  imposed  on  iron Bodyfit, any cost  and  expenses incurred in connection with the collection plus a  processing  fee which may be adjusted from time and increased in the event of recurrent incidents of payments,  for  any rejected, returned or dishonored payment  item  due  to  closed   accounts, insufficient  funds  or similar issue. On such occasion, iron Bodyfit retains the right to collect the current and past due balances in any subsequent month.

Disputed Charge Penalty. In the event that a Member initiates a credit card dispute that is subsequently resolved in Iron Bodyfit’s favor, the Studio shall have the right to charge Member up to $50 per occurrence.

Acceleration Clause. Upon default in the payment of any Monthly Membership Fee or portion of it, the remaining balance of the Membership Fees for the remaining Term of the Subscription Agreement, whether due or not, shall at Iron Bodyfit’s option become immediately due and payable without notice or demand.

Monthly Membership Fee. Monthly Membership Fee is charged for the supply of Services and are calculated based on the duration of the Subscription Agreement chosen by Member:

1. 3-month contract (13 sessions) = $275 per month

2. 6-month contract (26 sessions) = $225 per month – discount for 6-month contract paid upfront :  $1,215

3. 12-month contract (52 sessions) = $195 per month – discount for 12-month contract paid upfront : $1,950

3. CLASSES

Cancellation of Classes. Member may cancel his or her reservation at the Studio by calling the Studio at the phone number specified on the Studio's website no later than forty-eight (48) hours prior to the reserved class in order to retain the full class credit. 

Use Privileges. Member must abide by the individual rules of the Studio. Additionally, the Studio (in its sole discretion) reserves the right to revoke or suspend Member’s class, class series or class credits if Member has purchased a class, class series or class packages, and allows persons other than Member to use Member’s account to book and/or attend classes.

4. STUDIO RULES, REGULATIONS AND OPERATING HOURS

Rules and Regulations. Member shall abide by the Studio’s rules,regulations and operating hours. Iron Bodyfit as may be amended from time to time at Iron Bodyfit’s sole discretion.

ID Verification. Member must have a valid ID with a photo filed on Iron Bodyfit’s IT System to allow Member’s ID verification and grant access to the Studio. The ID and photo are only used for security purposes and will not be shared except upon the request from a law enforcement agency.

Dress Code. Member agrees to wear the athletic outfit intended for the supply of Services (“Outfit”). Member can purchase its own Outfit for a fee at the Studio or the Studio may lend an Outfit for use during a session. 
Guest Rules. Guests are permitted in the Studio upon Studio prior’s approval. Studio reserves the right to limit the number of times any one guests and to exclude any Member’s Guest whose use of the Studio, in Iron Bodyfit’s sole opinion would be detrimental to Iron Bodyfit or its Members. Guests shall abide by the Studio rules and regulations and amendments.. All guests must register at the front desk and sign the Studio’s standard release agreement.
Children’s Use of Services. Children under age 18 are not permitted in any Studio facility without the express permission of Studio management and are not permitted to use the Services.

 Pets. Pets are not permitted in the Studio.

Change  in  Operating      Hours/Temporary  Closing  of  Studio.   As    a    result     of  repair, maintenance, special occasions, or Force Majeure event as defined below, Studio may restrict the use or temporarily close or modify its Operating Hours from time to time. 

Special Events. The Studio may from time to time reserve the use of a Studio for special events, competitions, and private   functions.
Revocation of Suspension of a Member. Iron Bodyfit may, at its sole discretion, revoke or suspend a Member’s membership, at any time and without refund, if in Iron Bodyfit’;s reasonable judgment,  a Member fails to observe the Rules and Regulations, engages in behavior that is unsafe or objectionable to other participants or staff, or for reasons of nuisance, disturbance to other participants or staff, moral turpitude or fraud, or personal hygiene and attire.The Studio also reserves the right to require Member to leave for the day if, in the Studio’s reasonable judgment, Member poses a health or safety risk to Member or others or is disturbing or likely to disturb other participants or staff.

Loss of Property. Member is urged not to bring valuables onto the Studio premises and to always keep valuables with him or her. The Studio shall not be liable for the disappearance, loss, or theft of, or damage to, personal property (including phone, money, negotiable securities and jewelry).

5. MEDICAL RECOMMENDATIONS, ORIENTATION AND ASSUMPTION OF RISK

Medical Recommendations. Member is strongly advised to consult with his or her physician or to have a physical examination before using any of the Studio’s facilities or enrolling in any of the Studio’s classes. Especially if Member is elderly, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to strenuous physical exertion or has any other physical limitations that could create an increased risk of injury or adverse health consequences from strenuous exercise. Pregnant women are prohibited from using the Studio.

Orientation. Member is strongly encouraged to arrive early prior to its first class well as request ongoing support available at the Studio to ensure the proper and safe use of all of the Studio’s equipment.
Member Conduct. Member shall not use any Studio facility, service, or equipment in such a way as to endanger the health or safety of Member or others Member shall be responsible for any property damage or personal injury caused by Member and/or his or her guests. Member agrees not to violate any laws while in any Studio facility and agrees further to abide by all the Studio’s rules and regulations, as they now exist and as they may be amended from time to time at the discretion of the Studio.

Member Assumption of Risk. Member acknowledges that his or her participation in the Studio’s classes (and use of the Studio’s facilities necessarily involves a risk of severe, permanent physical injury (including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury, and paralysis) and death. By entering into a Subscription Agreement or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, Member  and Member’s guests assume the risk of transmission of communicable diseases. Member and Member’s 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 the Studio and release Iron Bodyfit harmless, waive and release Iron Bodyfit, its agents and employees (“Released Parties”) from any and all damages or responsibility except is such accident or injury is the result of the gross negligence or willful misconduct of Iron Bodyfit, its agents or employees.   

Member Waiver, Release and Indemnity. Member further agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Released Parties from any and all claims, losses and liabilities arising from, connected to, and/or arising from his or her use of the Studio’s classes, services and facilities (including, without limitation, the locker rooms, or other equipment.) Additionally, Member and his or her guests shall hold the Released Parties harmless from any loss, theft, cost, claim, injury, damage, or liability incurred because of their use of the Studio and associated activities.

Medical Disclaimer. Member has been informed and acknowledges that the Studio makes no claims as to medical or fitness results that can or may be obtained through use of the Studio’s facilities, equipment, or services. The Studio has neither suggested nor will suggest any medical treatment to Member. Only licensed medical professionals are qualified to give medical advice.
Member’s Health Warranty. By entering into a Subscription Agreement  or participating in any of the Studio’s classes, Member represents and warrants that Member (i) is in good medical and physical condition and has no disability, impairment, injury, disease known or obvious symptoms of risks factors for a highly communicated disease such as Covid-19, or ailment preventing Member from receiving the Services, and that participation in the classes does not pose any danger to Member’s health; (ii) has no medical or physical conditions that would preclude Member’s  participation in any of the Studio’s classes, or otherwise create an increased risk of injury or adverse health consequences as a result of strenuous exercise; and (iii) has not been instructed or advised by any physician against participating in strenuous physical exercise or exertion, participating in any of the Studio’s classes. 

6. MEMBERSHIP CANCELLATION / REFUND POLICY

During the Term of the Subscription Agreement, Member may cancel Membership provided Member follows the procedure below and meet all conditions as follows: Member may cancel the Subscription Agreement penalty-free within 3 business days from the date of signature of the Subscription Agreement by sending to Iron Bodyfit a written notice by registered or certified mail . with return receipt requested . To be effective, Member’s cancellation shall be postmarked by midnight or hand delivered by midnight on the third business day after the Subscription Agreement was signed.

Death or Disability. The Subscription Agreement may be cancelled if Member dies or becomes physically unable to avail himself or herself of a substantial portion of the Services which he or she used from the commencement of the Subscription Agreement  until the time of disability. Member may receive a refund of funds paid or accepted in payment of the the Subscription Agreement in an amount computed by dividing the total Membership Fees by the number of weeks in the Subscription Agreement term and multiplying the result by the number of weeks remaining in the Subscription Agrrement term. Member or Member 's estate seeking relief under this paragraph shall provide proof of disability or death. A physical disability sufficient to warrant cancellation of the Subscription Agreement by Member shall be established if Member  furnishes to Iron Bodyfit 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. 

Freeze Policy for medical reasons. If Member is medically unable to receive Services, Member may request a freeze of his or her membership in monthly increments for a minimum of 1 month and a maximum of the duration of the Term of the Subscription Agreement not to exceed 6 months per year. Member shall provide a doctor’s note at the time of the medical reasons justifying a freeze request. The doctor note shall be issued by a doctor to the extent medical reasons  justifying the freeze is within the physician’s scope of practice. Iron Bodyfit reserves the right to verify the note with the doctor and Member agrees to waive any Doctor/Patient privilege and execute any release required by such doctor solely with regards to the medical condition justifying the freeze.

Relocation of Member: Member may cancel the Subscription Agreement if Member  provides proof  that Member is permanently moving more than 18 miles from an Iron BodyFit studio designated in the Subscription Agreement. Accepted proof is utility bill, lease agreement, driving license, military order. Iron Bodyfit may charge a $50 assessment fee. 

Change in Membership Information. Member shall promptly notify Iron Bodyfit in writing of any changes in his or her billing information, address, telephone number or email address. Notwithstanding anything to the contrary in these Terms and Conditions, all communications from Iron Bodyfit to Member shall be presumed to have been received by Member within 5 days after mailing to Member’s address on Iron Bodyfit’s file at the time of mailing.
Repair, Renovation Health or Safety Concerns of Studio. The business location of a Studio shall not be deemed out of business when temporarily closed for maintenance, repair and renovation or due to health or safety concerns of the premises. There will be no abatement, reduction, suspension or apportionment of Membership Fees for the above metioned reasons. for not more than 14 consecutive days; or not more than two (2) periods of seven (7) consecutive days in any calendar year.

Close or Move of the Studio. Members are entitled to the cancellation and refund of the Subscription Agreement if this business location closes 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.

Subscription Duration. The Subscription Agreement will not exceed 36 months and thereafter shall only be renewable annually. Renewals may not be executed, and the fee therefore paid until 60 days or less before the preceding Subscription Agreement expires.

Refunds: If applicable, a refund shall be issued within 30 days of receipt of cancellation with sufficient proof. Iron Bodyfit may set off against the amount to be refunded any amounts due by Member to Iron Bodyfit.

7. STUDIO RULES, REGULATIONS AND OPERATING HOURS

Rules and Regulations. Member shall abide by the Studio’s rules,regulations and operating hours. Iron Bodyfit as may be amended from time to time at Iron Bodyfit’s sole discretion.

ID Verification. Member must have a valid ID with a photo filed on Iron Bodyfit’s IT System to allow Member’s ID verification and grant access to the Studio. The ID and photo are only used for security purposes and will not be shared except upon the request from a law enforcement agency.

Dress Code. Member agrees to wear the athletic outfit for the supply of Services (“Outfit”). Member can purchase its own Outfit for a fee at the Studio or the Studio may lend for a session an Outfit.  

Guest Rules. Guests are permitted in the Studio upon Studio prior’s approval. Studio reserves the right to limit the number of times any one guests and to exclude any Member’s Guest whose use of the Studio, in Iron Bodyfit’s sole opinion would be detrimental to Iron Bodyfit or its Members. Guests shall abide by the Studio rules and regulations and amendments.. All guests must register at the front desk and sign the Studio’s standard release agreement.

Children’s Use of Services. Children under age 18 are not permitted in any Studio facility without the express permission of Studio management and are not permitted to use the Services.

 Pets. Pets are not permitted in the Studio.
Change  in  Operating      Hours/Temporary  Closing  of  Studio.   As    a    result     of  repair, maintenance, special occasions, or Force Majeure event as defined below, Studio may restrict the use or temporarily close or modify its Operating Hours from time to time. 

Special Events. The Studio may from time to time reserve the use of a Studio for special events, competitions, and private   functions.

Revocation of Suspension of a Member. Iron Bodyfit may, at its sole discretion, revoke or suspend a Member’s membership, at any time and without refund, if in Iron Bodyfit’;s reasonable judgment,  a Member fails to observe the Rules and Regulations, engages in behavior that is unsafe or objectionable to other participants or staff, or for reasons of nuisance, disturbance to other participants or staff, moral turpitude or fraud, or personal hygiene and attire.The Studio also reserves the right to require Member to leave for the day if, in the Studio’s reasonable judgment, Member poses a health or safety risk to Member or others or is disturbing or likely to disturb other participants or staff.

Loss of Property. Member is urged not to bring valuables onto the Studio premises and to always keep valuables with him or her. The Studio shall not be liable for the disappearance, loss, or theft of, or damage to, personal property (including phone, money, negotiable securities and jewelry).

8. USE OF COMMUNICATION SERVICES

Automatically Dialed Messages. By entering into the Subscription Agreement, Member agrees to receive automatically dialed text messages, including marketing messages from Iron Bodyfit at the phone number Member provided. Member is not required to agree to receive these messages as a condition of becoming a Member.  Member can opt-out at any time by responding STOP to any text message received from Iron Bodyfit or sending an email request to iron Bodyfit.

Other Methods of Communication. The Studio may contain bulletin board services, set chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication designed to enable Member to communicate with the public at large or with a group (collectively, "Communication Services"). Member agrees to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. 

By way of example, and not as a limitation, Member agrees that when using a Communication Service, Member will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.

• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless Member owns or controls the rights thereto or have received all necessary consents.

• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

• Advertise or offer to sell or buy any goods or services for any business purpose unless   such Communication Service specifically allows such messages.

• Conduct or forward surveys, contests, pyramid schemes or chain letters.

• Download any file posted by another user of a Communication Service that Member knows, or reasonably should know, cannot be legally distributed in such manner.

• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from using and enjoying the Communication Services.

• Violate any code of conduct or other guidelines which may be applicable for any Communication Service.

• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

• Violate any applicable laws or regulations.

Studio has no obligation to monitor the Communication Services. However, the Studio reserves the right 

to review materials posted to a Communication Service and to remove any materials in its sole discretion.

9. MODIFICATIONS

Iron Bodyfit reserves the right to amend these Terms and Conditions from time to time.

10. FORCE MAJEURE

Except for the payment of money, neither party shall be held responsible for any delay or failure in performance of any part of these Terms to the extent that delay or failure is caused by fire, flood, explosion, storm, earthquake, subsidence, epidemic, any other natural disaster, war (whether declared or not), threat or preparation for war, civil commotion, riot, invasion, terrorist attack, threat of terrorist attack, strike, lock-out, any other industrial action, embargo, government requirement, civil or military authority, act of god, act or omission of carriers, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, and or other similar causes beyond its control (“Force Majeure Conditions”). If any force majeure condition occurs, the party delayed or unable to perform (“Delayed Party”) shall give immediate notice to the other party (“Affected Party”), and the Affected Party, upon giving prompt notice to the Delayed Party, shall be excused from performance under these Terms for the duration of the force majeure condition, provided, however, that the Affected Party shall take all reasonable steps and cooperate with the Delayed Party to avoid or remove the cause of non-performance and shall resume performance hereunder with dispatch when the cause is removed; and provided further that if the Delayed Party cannot within sixty (60) days remove the cause of non-performance, the Affected Party may terminate these Terms.

11. MISCELLANEOUS

Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.

Enforcement. If any provision of these Terms and Conditions 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 these Terms and Conditions, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified to give such provisions the maximum effect permitted by applicable law.
Governing Law and Jurisdiction. These Terms and Conditions and the Subscription Agreement  shall be governed in all respects by the substantive law of the State of Florida, without regard to its conflict of law principles. Member hereby unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in Florida for any actions, suits or proceedings arising out of or relating to this agreement.

Prevailing Party. In the event Member commences an action against the Studio or its members, officers, affiliates, agents, or employees and fails to obtain judgment or partial judgment in Member’s favor, Member shall be liable to the Studio for all costs and expenses associated with Studio’s defense of the action or any claims on which Member did not prevail, including, without limitation, reasonable attorneys’ fees, and costs.

Costs of Collection. Member agrees to pay all costs plus reasonable attorney and collection fees in connection with Studio’s (or Studio’s designee’s) collection of any amounts owed by Member.

Entire Agreement. The Subscription Agreement, these Terms and Conditions and regulations of the Studio, as amended from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to the subject matter hereof. These Terms and Conditions may be modified only by an instrument in writing and only by the Studio.

Non-Discrimination. The Studio will not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin, or ancestry in considering applications for, or have taken other action in connection with, entrance in the Studio.