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WAIVER AND RELEASE OF LIABILITY
Last Updated: April 2026

Welcome! Before participating in Fitness Factory Okeechobee’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us and to have you release Fitness Factory Okeechobee of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen or broken, or if anything else goes wrong. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any services.

If you are a minor in the State of Florida or in your place of residence, your legal guardian must also sign this Waiver on your behalf.

PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

1. Parties. We are Fitness Factory Okeechobee, LLC, a Limited Liability Company based in the State of Florida. In this Waiver, we will refer to ourselves as “Fitness Factory Okeechobee,” “us,” “we,” and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your.”
2. The Activities. As part of your participation with Fitness Factory Okeechobee, you may participate, in person, independently or online, in fitness-related services, activities and other offerings made available by Fitness Factory Okeechobee (collectively, the “Activities”):
   • 2.1. 24/7 gym access and independent exercise, including personal training and small group training sessions.
   • 2.2. Instructor-led or self-guided fitness classes, workshops, challenges, or events.
   • 2.3. Strength, resistance, and weight training, including bodyweight and weighted exercises.
   • 2.4. Cardiovascular and high-intensity interval training (HIIT), functional training, and core exercises.
   • 2.5. Locomotor movements, including walking, running, lifting, pushing, pulling, jumping, and similar activities.
   • 2.6. Balance, coordination, and range-of-motion exercises.
   • 2.7. Mobility, flexibility, and stretching, including breathing, posture, recovery, and conditioning techniques.
   • 2.8. The Activities may involve physical contact, including but not limited to spotting, form correction, tactile cueing, or physical adjustments by trainers, instructors, or staff for instructional or safety purposes. You acknowledge and consent to such physical contact unless you expressly opt out in advance. You agree to notify Fitness Factory Okeechobee in advance if you prefer no physical contact or limited physical contact, and you understand that declining physical contact does not eliminate all risks associated with participation.
   • 2.9. The Activities also apply to any classes made available for online streaming and participation, whether live or recorded, or that take place outside Fitness Factory Okeechobee’s facilities, including outdoors, at your home, or at any other location. You agree that you are responsible for the safe facilitation of the Activities happening outside of our facilities.
3. Equipment. In the course of the Activities, you may use a variety of equipment, which could include but is not limited to elliptical machines, TRX, kettlebells, dumbbells, barbells, free weights, foam rollers, resistance bands, balance pads, reformers, mats, deadlift bars, squat bars, power bars and other power lifting equipment, treadmills, climbmill machines, various cable machines, racks, cardio equipment and accessories and related gym equipment (the “Equipment”). Please do not use any equipment not instructed by Fitness Factory Okeechobee. You understand that while we will do everything to reasonably maintain the equipment, it is possible that the equipment may break or fail, and the risks of any such failure may result in the risks outlined below.
   
   • 3.1. Please note that we may add new and different Equipment in the future to provide the Activities which will be of a similar nature as the Equipment listed above. You accept the risk of any future and similar related Equipment you may use in the future to participate in the Activities.
4. Inherent Risks. You understand that participation in the Activities may pose inherent risks, some more serious than others. You understand and acknowledge that fitness activities are inherently dangerous and involve risks that cannot be eliminated regardless of the care taken. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.
   • 4.1. Risks of physical injury may include, but are not limited to, muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms and PTSD.
   • 4.2. There is also a risk of exposure to and contraction of communicable diseases, including but not limited to viruses, bacteria, and other infectious conditions passed on via other participants and the use of shared space, surfaces, or Equipment.
   • 4.3. If you are pregnant or post-natal, as with any physical activity, there are additional risks to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
   • 4.4. Participating in the Activities online poses risks, as there is no in-person supervision or space provided. You will, therefore, need to ensure the safety of the Activities by using your judgment on how to best practice them, not pushing yourself too far and not attempting anything you feel unsure how to perform.
   • 4.5. If the Activities are performed outdoors, there are additional risks, including tripping, collisions with human or natural elements, sun exposure, dehydration, insect bites, exposure to infections, diseases, pollutants, and other environmental factors. You understand and agree that it is your responsibility to ensure a safe space and environment to perform the Activities.
   • 4.6. We would like to emphasize that your release from our liability is not limited in any way to these risks. The risks listed above are only examples. This release is intended to be as broad as permitted by Florida law. I knowingly and voluntarily agree to waive and release Fitness Factory Okeechobee from all claims, including those arising from ordinary negligence, arising from my use of the facility. If any part of this waiver is found unenforceable, the remainder shall remain in full force.
5. Supplement and Dietary Advice. When changing your diet, taking new supplements, or detoxing, you may encounter relatively common risks such as headaches, digestive distress, exhaustion, or sleep issues, alongside the potential for unpredictable allergic reactions that can range from mild discomfort to life-threatening emergencies. Because it is impossible to account for every scenario, individuals with pre-existing conditions, particularly those involving the liver, kidneys, heart, or gallbladder, as well as those who are pregnant, breastfeeding, or have type 1 diabetes, must exercise extreme caution and should consult a medical professional before proceeding. Furthermore, foods and supplements can significantly interact with, enhance, or counteract pharmaceuticals, including blood thinners and heart medications, making it essential to discuss any planned changes with a doctor or pharmacist to ensure safety and prevent adverse interactions.
   • 5.1. Third-Party Sales. By purchasing or using any products, including supplements, apparel, or equipment sold via in-house POS, online portal, or third-party affiliate links, you acknowledge that the Fitness Factory Okeechobee only acts as a reseller. You agree to release Fitness Factory Okeechobee from any liability arising from products manufactured or fulfilled by these third-party vendors, Print-on-Demand services, or affiliate partners. 
6. Body Composition Analysis (Evolt 360): We use the Evolt 360 for non-invasive body-scanning. It employs Bioelectrical Impedance Analysis (BIA) and applies a safe, low-intensity electrical current. If you are pregnant or have internal medical devices, such as pacemakers or defibrillators, we do not recommend the use of the Evolt 360. If you are unsure, please consult with your medical professional.
7. Free-Form Training (self-guided). You acknowledge that while the facility offers scheduled classes and personal training sessions, any free-form training you perform is entirely at your own risk and without constant supervision. Please be advised that staff are only present on-site between 11:00 AM and 7:00 PM; consequently, if you are training outside of these hours or outside of a guided session, you assume full responsibility for your safety and the proper use of equipment.
   • 7.1. Remote Custom Personal Training. This service involves custom workout programs designed for use in your home gym or a third-party facility, where you assume full responsibility for the safety, maintenance, and suitability of your own equipment and training space. If you choose to utilize these custom programs within our facility, the activity will be treated as a free-form training session. In all cases, you are responsible for how you perform the exercises, and you accept any risks that come with training on your own.
8. Affirmation of Health. By participating in any Activities with Fitness Factory Okeechobee, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, or are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.
9. Voluntary Assumption of Risk. You certify that you have read this Waiver and fully understand the risks of participating with Fitness Factory Okeechobee. You acknowledge that your participation is purely voluntary, that you have had the opportunity to ask questions, and that you have not been pressured to participate. By signing or clicking 'I Agree,' you voluntarily assume all risks—excluding those arising from gross negligence or intentional misconduct—and confirm your engagement is of your own free will.
   • You acknowledge that you are signing this waiver freely and voluntarily and are not relying on any representations, statements, or warranties other than those expressly set forth in this document.
10. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and Fitness Factory Okeechobee is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Activities.
11. Alcohol and Prohibited Substances. You are strictly forbidden from participating in any activities while under the influence of alcohol or any other substances that may alter your perception, focus, or awareness of your body’s physical limits. We reserve the right to deny you access to the facility or end your session immediately if we believe you cannot train safely or feel you may be a risk to others. You assume all risk for any injuries that happen if you ignore this policy.
12. Digital Protection & Cybersecurity. You acknowledge and accept the potential risks associated with our use of digital platforms, electronic communications, and data storage. While we take reasonable measures to protect your personal information and ensure cybersecurity, you agree to release us, to the fullest extent permitted by law, from any liability for any indirect, incidental, consequential, or punitive damages or losses arising from unauthorized access, data breaches, cyber or malware attacks, or other digital security incidents. Please consult our Privacy Policy.
13. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Fitness Factory Okeechobee, LLC and its members, owners, directors, officers, contractors, vendor partners, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with Fitness Factory Okeechobee, however caused, including, to the fullest extent permitted by law, those arising from the Released Parties’ ordinary negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.
    • YOU EXPRESSLY ACKNOWLEDGE THAT THIS WAIVER INCLUDES A RELEASE OF LIABILITY FOR THE ORDINARY NEGLIGENCE OF FITNESS FACTORY OKEECHOBEE, TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with Fitness Factory Okeechobee, whether in person, online, or via video conferencing tool.
15. Arbitration. Any controversy or claim arising out of or relating to this agreement shall be settled exclusively by binding arbitration conducted in the State of Florida or through such other arbitrator as mutually agreed upon by the parties. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award, to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this agreement.
16. General Legal Provisions. Choice of Laws and Venue. Courts of the State of Florida retain the sole power to order arbitration, confirm any resulting award, or grant urgent relief related to the arbitration process. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by clicking “I Agree” (or something similar), with the same effect as a hand-signed Waiver.

You agree that you have read this Waiver and fully understand its contents. You also agree to be bound to all of its terms.

BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREED TO THIS WAIVER AND RELEASE OF LIABILITY.

Member name: {name}

Member Address: {address}

Date: {sign_date}
Signature of Member or Parent/Guardian of Member: 

GYM MEMBERSHIP AGREEMENT

Last Updated: May 2026

Welcome to Our Community!

The following Studio Membership Agreement (the “Agreement”) will clearly communicate our expectations in having you as part of our community. If you have any questions, please let us know, as we want to make sure we are all on the same page moving forward.  

In exchange for membership access to Fitness Factory Okeechobee’s facilities, small group training classes, personal training programs, and body composition equipment and reports, you agree to be bound by the following conditions.

1. Parties. This Agreement is made between Fitness Factory Okeechobee, LLC, a Limited Liability Company operating out of the State of Florida (“Fitness Factory Okeechobee,” “we,” “our,” and “us”) and you, the undersigned (electronically) or person who has clicked “I Agree” (or something similar) to this Agreement (“you” and “your”). 
2. Registration. Fitness Factory Okeechobee, LLC is registered with the State of Florida Department of Agriculture and Consumer Services as a Fitness Studio facility, Registration Number HS8625.
3. Services. Fitness Factory Okeechobee agrees to provide Member with access to its facilities and services consistent with the membership type selected by Member and identified in Schedule A, which is incorporated into this Agreement. Available services may include facility access, training sessions, small-group training, classes, or other programs; however, access to specific services is limited to those included in the selected membership or purchased separately as add-on services. All services, programs, sessions, and facility access are subject to availability, scheduling, staffing, operational needs, and facility policies, and may vary by membership type.
   • Fitness Factory Okeechobee offers multiple service options, including recurring memberships, recurring training programs, and prepaid training packages. Each service type is governed by the following terms.
   • 3.1.    Recurring Memberships 
     • 3.1.1.  Recurring memberships provide ongoing access to facilities or services and automatically renew each billing cycle until cancelled in accordance with this Agreement.
   • 3.2.    Recurring Training Programs
     • 3.2.1.  Recurring training programs are subscription-based services billed on a recurring basis for a specified number of sessions per week or month, as described in Schedule “A” Memberships.
     • 3.2.2.  Unused sessions within a billing period do not roll over unless expressly stated in writing. Cancellation of a recurring training program stops future billing but does not entitle you to a refund for sessions allocated to the current billing period.
   • 3.3.    Prepaid Training Packages
     • 3.3.1.  Prepaid training packages are finite session packages purchased separately from memberships and do not automatically renew.
     • 3.3.2.  Such packages must be used within the validity period stated at purchase. Sessions not used within that period expire and are forfeited. Prepaid packages are non-refundable and non-transferable except where required by law.
   • 3.4.    Add-On Services
     • 3.4.1.  Members may purchase additional services or packages (“Add-Ons”) at any time. Add-Ons are governed by the terms applicable to the specific service purchased and do not modify or extend the underlying membership unless expressly stated in writing.
   • 3.5.    Discretionary Exceptions
     • 3.5.1.  Fitness Factory Okeechobee may, at its sole discretion, grant exceptions to any session expiration, scheduling, or usage policy on a case-by-case basis. Any exception shall not constitute a waiver of these policies.
4. Term. This Agreement becomes effective upon execution by the Member and acceptance by Fitness Factory Okeechobee and shall remain in effect for the membership type and duration selected by Member as set forth in Schedule A, which is incorporated herein by reference (the “Term”). Recurring memberships automatically renew for successive billing periods until cancelled by either party in accordance with this Agreement. Fixed-term memberships expire at the end of the stated Term unless renewed in writing. Any renewal shall occur no earlier than sixty (60) days before expiration of the then-current Term. Member acknowledges receipt of Schedule “A” Membership and agrees it accurately reflects the selected membership, fees, billing cycle, and term. No verbal statements shall modify this Agreement unless confirmed in writing and signed by both parties. 
5. Termination. This Agreement is a recurring month-to-month membership that automatically renews each billing cycle until cancelled by either the Member or Fitness Factory Okeechobee in accordance with this Agreement.
   • 5.1.    Most memberships offered by Fitness Factory Okeechobee are structured as recurring month-to-month agreements designed to provide flexibility and do not require long-term commitments. If a membership, program, or service is expressly designated in Schedule A as a fixed-term agreement, the length of such term shall be stated at the time of enrollment and will comply with applicable law. No initial fixed term shall exceed thirty-six (36) months, and any such contract shall thereafter be renewable only on an annual basis. Any renewal of a fixed-term agreement shall occur only after the current term expires and no earlier than sixty (60) days prior to expiration. If a contract is offered for a period of thirty (30) days or less, the initial term shall not exceed thirty (30) days, and renewal shall not occur until the preceding contract has expired. All sessions provided under such contracts must be used within thirty (30) days. Programs or session packages identified as short-term must be used within the stated validity period at the time of purchase and do not renew automatically unless expressly stated in writing. Any renewal or repurchase of a short-term program shall occur only after the prior term has been concluded. Certain programs, session packages, or specialty services may be offered separately from memberships. These offerings are provided for use within the time period stated at purchase and do not automatically renew unless clearly indicated in writing at the time of enrollment. Such packages are separate from membership agreements and are governed by their stated terms of use.
   • 5.2.    You may cancel this Agreement without penalty within three (3) business days, excluding weekends and legal holidays, after signing by providing written notice of cancellation, see 5.5 for details. If cancellation occurs within this three-day period, all payments made will be refunded within thirty (30) days after receipt of notice, except that Fitness Factory Okeechobee may retain a prorated portion of the contract price for any services actually provided or used during that time. The prorated amount shall be calculated by dividing the total contract price by the number of days or service occasions in the contract term and multiplying that amount by the number of days or occasions used. Fitness Factory Okeechobee reserves the right, in its sole discretion, to issue a full refund rather than a prorated refund.
   • 5.3.    You (or your estate) may terminate this agreement if you die or become physically unable to use a substantial portion of the services used from the start of the contract until the time of disability. A refund of the unused portion of the contract shall be issued within 30 days of receipt of notice. Physical disability must be established by a certification from a physician licensed under Chapter 458, 459, 460, or 461, Florida Statutes.
   • 5.4.    You may terminate this agreement and receive a refund of the unused portion if this Fitness Factory Okeechobee goes out of business or moves its facilities more than five (5) driving miles from the location designated in this contract and fails to provide a facility within five (5) driving miles, of equal quality and at no additional cost (to the buyer) within 30 days. If Fitness Factory Okeechobee goes out of business, you should contact the Florida Department of Agriculture and Consumer Services (FDACS) within 60 days for information.
   • 5.5.    You may terminate this Agreement at any time by providing written notice of intent to cancel. Written notice may be delivered:
     • 5.5.1.  in person at the facility during staffed hours
     • 5.5.2.  requested through the membership app portal
     • 5.5.3.  by email to: support@fitnessfactoryokeechobee.com 
     • 5.5.4.  by mail to: 212 NE 7th Ave, Okeechobee, FL 34972
   • Cancellation becomes effective upon receipt of written notice. Upon receipt, Member’s obligation for future payments shall terminate automatically, except for charges already processed or owed for the current or past billing period(s). For purposes of this Agreement, written notice is deemed received on the date it is physically delivered or electronically time-stamped. Fitness Factory Okeechobee may invite a Member to speak with a team member or complete a voluntary Member Experience Feedback questionnaire; participation is optional and is not required to effectuate cancellation. If a dispute arises regarding the sufficiency of a cancellation notice, either party may request review by the Florida Department of Agriculture and Consumer Services as provided by law.
   • 5.6.    If it is determined that a refund is due, the amount shall be 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 term. All approved refunds will be issued within 30 days of receipt of the notice of cancellation.
   • 5.7.    Fitness Factory Okeechobee shall not be deemed 'out of business' if temporarily closed for repair or renovation of the premises for: (1) up to 14 consecutive days following a sale of the business, or (2) during our ongoing ownership, for up to 7 consecutive days, not to exceed two (2) such periods per calendar year.
   • 5.8.    Any Payments made will not be refunded unless specified in the refund policy.
   • 5.9.    Fitness Factory Okeechobee reserves the right to terminate any membership at our sole discretion for reasons including, but not limited to: unprofessional behavior, harassment of other members, violations of gym etiquette, or violence of any kind on the premises (including the parking lot). In the event of such termination, you will not be entitled to a refund, nor will any further working relationship be maintained. 
6. Our Commitment to You. Through your Membership, Fitness Factory Okeechobee is committed to providing you with the environment, opportunity and support to take ownership of your health, train with purpose, and build lasting strength through expert coaching and a results-driven environment. 
7. What We Expect of You.  To build a positive and productive environment for everyone, we ask that all members uphold the following standards of conduct:
   • 7.1.    Respect the Community: Treat fellow members and staff with kindness, professionalism, and mindfulness, cultivating a welcoming atmosphere for everyone’s individual fitness journey. Harassment, intimidation, discrimination, or disruptive behavior of any kind will not be tolerated.
   • 7.2.    Care for the Facility: Exercise due care and responsibility when using equipment and studio spaces to ensure the safety and longevity of our shared environment. Equipment must be used only for its intended purpose.
   • 7.3.    Adhere to Standards: Commit to following all Fitness Factory Okeechobee protocols, policies, staff instructions, and guidelines, which are updated periodically on our website and posted on-site.
   • 7.4.    Empower Progress: Maintain a respectful presence that promotes an environment where all members can focus, train safely, progress, and achieve their goals without disruption.
   • 7.5.    Identification Access. If Fitness Factory Okeechobee requires you to furnish identification upon entry to our facility as a condition of using our services, we will provide you with the means of such identification.
   • 7.6.    Enforcement. Fitness Factory Okeechobee reserves the right, in its sole discretion, to suspend or terminate your membership immediately, without refund, for violations of these standards, including but not limited to unsafe behavior, misuse of equipment, harassment, or any conduct that negatively impacts the safety, experience, or operations of the facility.
   • 7.7.    Restroom & Facility Use. Members agree to use all restrooms and changing facilities in a manner that respects the privacy, safety, and comfort of all individuals within the facility. Fitness Factory Okeechobee maintains separate men’s and women’s restroom facilities. Members and guests are expected to use the restroom consistent with their biological sex.
   • We understand that some members may desire additional privacy. Because our facility does not offer separate single-user restrooms, any member may utilize a restroom privately by securing the main facility entrance during use, where feasible to ensure privacy.
   • Fitness Factory Okeechobee is committed to maintaining a respectful and inclusive environment for all members. At the same time, shared spaces such as restrooms require clear expectations to ensure the comfort and safety of all individuals. We reserve the right, at its sole discretion, to direct any member to utilize a specific restroom or to take reasonable steps to ensure private use of facilities when necessary to address privacy concerns, safety considerations, and member complaints. Failure to comply with reasonable facility usage directives may be considered violation of this Agreement and may result in suspension or termination of membership without refund.
8. Scheduling. Please consult Fitness Factory Okeechobee or refer to our training schedule for the exact training times.
9. Damage to Equipment. You understand that you will be fully responsible for any damage you cause to any equipment we use at our facility, whether intentional or accidental.
10. Payment. You agree to pay the price, including the possibility of recurring payments (“Recurring Payment”), of the Membership as outlined below in Schedule “A” (the “Payment”). All Payments, prices and costs are in USD.
    • 10.1.    Payment Method on File. You agree to keep a valid payment method on file with us. In doing so, you give permission to Fitness Factory Okeechobee’s staff to charge that method for any session, auto-debit membership, cancellation fees, or product purchases.
    • 10.2.    Declined Charge. If a credit or debit card is declined, your Services will be immediately suspended, pending your updating your payment information and paying the amount due in full.
    • 10.3.    Chargebacks.  It is common for the bank or lender managing the chargeback dispute on your behalf to retain fees and administrative costs, resulting in a loss for Fitness Factory Okeechobee for services already rendered.  You agree not to initiate a chargeback without first contacting Fitness Factory Okeechobee to attempt to resolve the matter. You will also be responsible, to the fullest extent permitted by law, for any fees, administrative costs, and chargeback penalties deducted from us due to a chargeback issue that results in a determination in favor of Fitness Factory Okeechobee. Fitness Factory Okeechobee reserves the right to suspend or terminate your membership and deny future access to services in the event of a chargeback.
    • 10.4.    BOND DISCLOSURE: SHOULD YOU CHOOSE TO PAY FOR MORE THAN ONE (1) MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT FITNESS FACTORY OKEECHOBEE CEASES TO OPERATE. FITNESS FACTORY OKEECHOBEE 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.
    • 10.5.    Collections: Fitness Factory Okeechobee reserves the right to pursue any unpaid balance through collections or other legal remedies.
11. Price Adjustments and Fees. Fitness Factory Okeechobee reserves the right to adjust membership pricing, fees, and services rates at any time.  Members will receive at least fifteen (15) days' prior written notice of any pricing changes. Notice may be provided by email, text message, posting within the facility, or through the membership portal or app. Members are responsible for reviewing all communications regarding pricing updates.
    • Failure to cancel membership prior to the effective date of the price change constitutes acceptance of the updated pricing. Continued active membership beyond the effective date, including any subsequent billing cycle, confirms Member's agreement to the updated rates and remain bound by all the terms of this Agreement. 
    • 11.1.    Fees. Fitness Factory Okeechobee is proud to offer a transparent fee structure with no initial sign-up or administrative fees at this time. To ensure the highest quality of equipment and facility upkeep, a Quarterly Maintenance Fee will be automatically charged to your account on the 15th of January, April, July, and October. While we currently waive standard administrative and sign-up costs, Fitness Factory Okeechobee reserves the right to implement or adjust such fees at our discretion. Any future fee adjustments will be communicated to members in accordance with this Section. 
12. Recurring Payments. If your Payment includes Recurring Payments, you authorize Fitness Factory Okeechobee to maintain your account information and charge that account automatically upon the renewal of the Membership, or as otherwise specified, with no further action required by you.
    • 12.1.    Fitness Factory Okeechobee will charge your method of payment the rates as outlined in Schedule “A” for the Recurring Payment.
13. Payment Failure & Outstanding Balances. A $10 fee will be charged for all failed payments, and membership access will be suspended until the account is brought current. Because memberships are ongoing month-to-month until cancelled, billing will continue for up to three (3) billing cycles of non-payment. After three (3) failed attempts, Fitness Factory Okeechobee reserves the right to cancel the membership and cease further billing. The outstanding balance will remain permanently in our system and must be paid in full before we will consider any future reinstatement of membership, regardless of how much time has passed.
14. Membership Pause. You may request a temporary membership pause for a minimum of one (1) month and a maximum of three (3) months. Extensions will be considered on a case-by-case basis, and at Fitness Factory Okeechobee’s sole discretion.
    • 14.1.    Advance Notice: Requests must be submitted in writing before your next billing date; pauses are not retroactive.
    • 14.2.    Automatic Resume: Billing will resume automatically at the end of the approved period unless otherwise coordinated in writing.
    • 14.3.    Approval: All pause requests are granted at our discretion.
    • 14.4.    Fees: There are currently no fees for approved pauses, though this is subject to change.
15. Cancellation and Reschedule. To maintain consistency and respect coaching schedules, the following terms apply to all scheduled consults, training, & small group sessions - due to the time and value of our trainers and staff:
    • 15.1.    24-Hour Notice: You must cancel or reschedule at least 24 hours in advance. Cancellations made within this window are counted as a used session.
    • 15.2.    No-Shows & Late Arrivals: Failure to attend a session without prior notice results in a full charge. Sessions start and end on time; arriving late will not extend your scheduled slot.
    • 15.3.    Small Group Rules: Because spots are limited, the 24-hour policy is strictly enforced. Missed sessions cannot be "made up" in other groups unless there is open availability.
    • 15.4.    Emergency Exceptions: True emergencies or sudden illnesses may be reviewed at our discretion. While not guaranteed, courtesy exceptions are handled on a case-by-case basis.
    • 15.5.    Coach Cancellations: If a coach cancels, your session will be rescheduled or credited—no exceptions.
16. Refunds. Our refund policy is as follows: Our Services are non-refundable and non-transferable. In certain circumstances, Fitness Factory Okeechobee may consider deviating from this policy. These decisions will be made on a case-by-case basis at our sole discretion.
17. Legal Fees. You will be responsible for any and all legal fees incurred by Fitness Factory Okeechobee regarding any potential chargeback issues (for example, if you initiate a chargeback or contest a payment), to the fullest extent permitted by law.
18. No Guarantees. Fitness Factory Okeechobee cannot guarantee any particular success from participating in our classes or from our Membership. We promise to provide you with the environment, opportunity, classes and support to achieve your goals, but any success and results ultimately depend on your commitment.
    • 18.1.    While the facility offers classes and personal training, any free-form training is performed at your own risk without a guarantee of supervision. Staff may be present between 11:00 AM and 7:00 PM, but there may be times during those hours—and at all times outside of them—when no staff is present. If you train outside of a guided session, you assume full responsibility for your safety and the proper use of all equipment, regardless of whether staff members are on the premises.
19. Studio Closure. If our studio and facilities are forced to close due to a pandemic, natural disaster, or other unavoidable circumstance, membership will be frozen until the studio reopens.
20. Force Majeure. Fitness Factory Okeechobee will not be liable for any failure or delay regarding the Membership if such failure or delay is: beyond the reasonable control of Fitness Factory Okeechobee, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.
21. Media Release. We think you’re incredible and would love to show you off! By being a member at our facility and through your Membership, you agree to grant us the right to use your image, likeness, photographs, video content, and audio recordings of you captured in our studio or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing, promotional and sales activities throughout the world and in perpetuity. This use is royalty-free and without compensation.
    • You also release us from all claims you may have relating to the use mentioned in this section, to the fullest extent permitted by law.
    • Please let us know if you ever want us to stop using an image of you by submitting a written request to support@fitnessfactoryokeechobee.com. Upon receipt, we will make reasonable efforts to discontinue future use of your identifiable content; however, materials already published or distributed may continue to be used.
    • We will not intentionally use your image in a manner that is misleading, defamatory, or inappropriate.
22. Communication Consent (Email & SMS). By providing your contact information to Fitness Factory Okeechobee, including your email address and phone number, you consent to receive transactional, account-related, and promotional communications from us via email and SMS (text message).
    • Message frequency may vary. Message and data rates may apply.
    • You may opt out of promotional communications at any time by clicking “unsubscribe” in email communications and replay “STOP.”.  You may reply “HELP” for assistance.
    • Your consent to receive marketing communications is not a condition of purchase. For additional details, please review our Privacy Policy and SMS Terms and Conditions. 
23.  Waiver. Before your Membership can begin, you must sign our Waiver and Release of Liability. Please read it and make sure you understand it. You need to sign our Waiver and Release of Liability and this Agreement so that we can be absolutely sure you understand and agree to them.
24. Indemnity. You hereby fully indemnify Fitness Factory Okeechobee, LLC and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, heirs, family members and assigns (the “Released Parties”) from any liability and damages arising from death, personal injuries or loss/damage to personal property. This includes the contraction of any communicable diseases or matters related to premises liability, however caused, including, to the fullest extent permitted by law, those arising from the negligence of the Released Parties.
25. Arbitration. Any controversy or claim arising out of or relating to this agreement shall be settled exclusively by binding arbitration conducted in the State of Florida or through such other arbitrator as mutually agreed upon by the parties. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award, to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this agreement.
26. Standard Legal Things. Choice of Laws and Venue. Courts of the State of Florida retain the sole power to order arbitration, confirm any resulting award, or grant urgent relief related to the arbitration process. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by Fitness Factory Okeechobee of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Counterparts. This Agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”  (or something similar), the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
27. You also confirm that you have read, understand, and agree to the following documents, which are incorporated into and form part of this Agreement, whether attached directly or accessible via the link provided:
    • Terms and Conditions
    • Privacy Policy
    • SMS Terms and Conditions
    • Media Release Agreement
    • Schedule A - Pricing

Thank you for taking the time to read this agreement and the attached policies. Let’s begin!

Member name: {name}

Member Address: {address}

Date: {sign_date}
Signature of Member or Parent/Guardian of Member: 

NOTICE TO MEMBER: YOU MAY CANCEL THIS AGREEMENT BY PROVIDING WRITTEN NOTICE AS DESCRIBED ABOVE.