Terms & Policies
RECURRING DUES MEMBERSHIP AGREEMENT
SECTION 1: PARTIES TO THE AGREEMENT
CLUB INFORMATION: [irslegalname] d/b/a Brickell Box LLC (“Brickell Box LLC,” “Company,” “we,” “our” or “us”), and its successors and assigns.
CLUB OF ENROLLMENT: [locationname] [locationaddress].
Member Name: [customer] (“Member,” “you” or “your”) Email: [email]
Birth Date: [dob] Gender: [gendershort]
Home #: [homephone] Cell #: [cellphone] Work #: [workphone]
BUYER INFORMATION: (if different from Member; the Buyer is the person paying for services)
Buyer Name: [buyer] (“Buyer”)
SECTION 2: SUMMARY OF TERMS AND ACCOUNT CHARGES
RECURRING DUES MEMBERSHIP BASICS
As a recurring dues member, you are agreeing to pay for your Brickell Box LLC membership on a recurring dues basis.
If your recurring dues membership is for a term of one month or less, then you have a month-to-month membership (“M2M”). You are able to cancel your M2M membership at any time with a 30-day advance written notice.
If your recurring dues membership is for a term greater than one month, then you have a fixed term membership (“Term”). Term memberships may auto-renew, and, with limited exception (as described below), may not be cancelled during the initial term.
Your recurring dues billing will begin on [firstinstallmentdate] and will continue on the same day each month thereafter until you properly cancel per the terms of this Agreement.
You expressly authorize Brickell Box LLC, or its authorized billing services provider, to draft your account each month for any dues, fees and charges.
TERMS OF YOUR RECURRING DUES MEMBERSHIP
Membership to begin on: [agreedate]
Monthly Dues Amount (including taxes): [perioddue_inctax]
Recurring Dues Period: 30 days
Recurring Dues Term (*subject to auto-renewal): [termmonths]*
First month’s dues (including taxes): $[firstinvoiceamtdown_inctax]
Last month’s dues (including taxes): $[lastinvoiceamtdown_inctax]
Enrollment Fee: $[setupfee1_inctax]
Processing Fee: $[setupfee2_inctax]
Club Enhancement Fee (* charged annually on anniversary date of your membership): $[enhancementfeeamount]
Sales Tax Rate: [salestaxperc]
TOTAL DUE NOW TO START: [totaldown]
1st Free; Replacement cards: $10
Late Charge: $20 per late payment
Returned Item Fee (bounced check; payment returned for insufficient funds): $25 per returned item
PAYMENT SCHEDULE: [paymentschedule]
Buyer's Acceptance: (electronic signature) [buyer] [signature1]
Date Signed and Accepted [agreedate]
SECTION 3: CONSENT TO AUTO-RENEWAL
All references to “I” or “me” in this section shall refer to you:
M2M MEMBER: I understand that my membership will continue to renew monthly until I properly cancel, that proper cancellation requires me to provide Brickell Box LLC with a 30-day advance written notice of cancellation, and that I will be expected to pay all dues, fees and charges associated with my account.
TERM MEMBER: I understand that my Agreement is for a fixed initial term and that, unless I provide Brickell Box LLC with a written notice of cancellation at least 30 days prior to the end of my initial term, my membership will automatically roll over to a month-to-month agreement cancellable at any time by me with a 30-day advance written notice. Once in auto-renewal, also called ‘Evergreen Status,’ I consent to continue paying Brickell Box LLC dues in the amount of $[firstevergreenamt_inctax] per month, subject to all other terms of this Agreement.
Buyer's Acceptance: (electronic signature) [buyer] [signature2] Date Signed and Accepted [agreedate]
SECTION 4: AUTHORIZATION FOR PREAUTHORIZED PAYMENTS
All references to “I” or “me” in this section shall refer to you:
By signing this Agreement, I am preauthorizing ClubReady, LLC (“ClubReady”), a third party billing company located at 333 Ozark Trail Dr., Ste. 50, St. Louis, MO 63011, to initiate transfers, whether by credit/debit card or electronic funds transfer (ACH), from the designated bank account tied to this Agreement for purposes of billing all or a portion of the dues, fees and/or charges which I owe under the Agreement. I acknowledge and understand that: (a) dues, fees and charges include, but may not be limited to, enrollment fees, membership dues, service charges, late fees, applicable taxes, fees for uncollected monthly dues; (b) ClubReady may bill my designated account for any retail transactions or online purchases initiated by me; (c) dues, fees and charges will be drawn on or about the dates set forth in the Payment Schedule listed above in Section 2; (d) disclosures and rights concerning electronic funds transfers (EFTs) are available at www.clubready.com/EFT; (e) this preauthorization will remain in effect until all of my payment obligations under the Agreement have been satisfied; (f) charges will appear under the prefix “CLR” followed by my club’s name, phone number and state; (g) debited amounts may vary each month based on additional amounts which I may owe under this Agreement, and that while I am entitled to receive notice at least 10 days before being charged, but signing this authorization, I am choosing instead to get notice only when the amount due would differ by more than $50.00 from my most recent payment; (h) my designated account shall only be used in compliance with my financial institution’s requirements; and (i) billing inquiries can be directed to ClubReady at 1 (800) 405-4818. This preauthorized payment arrangement shall apply to the applicant listed below.
Buyer's Acceptance: (electronic signature) [buyer] [signature3] Date Signed and Accepted [agreedate]
SECTION 5: RULES & REGULATIONS
MEMBER agrees to keep and obey all rules and regulations for the use of THE CAGE BOXING CLUB training facility, premises, services, and equipment therein, and THE CAGE BOXING CLUB reserves the right to revoke this Membership for cause if MEMBER fails to keep and obey any of such rules and regulations, or for reasons of nuisance, disturbance to other members or staff, moral turpitude or fraud. Without limiting MEMBER’s obligation to obey the rules and regulations of THE CAGE BOXING CLUB presently in force or in the future prescribed, MEMBER agrees that he will obey the following rules by:
a. Always considering other member’s rights and privileges while training; Not consuming drugs, alcohol, or tobacco products on the facility. Always paying his Membership dues on or before completing each month.
THE CAGE BOXING CLUB has not an "open gym" format. It works by class or appointment only, unless otherwise noted. The facility is located at 1060 Brickell Avenue - Mezzanine Floor - Miami, FL 33131. Hours of operation can be found at the THE CAGE BOXING CLUB's website or app.
Personal training classes are offered by THE CAGE BOXING CLUB, but are not included in the MEMBER’s Membership dues. THE CAGE BOXING CLUB reserves the right to demand additional fees for any personal training that the MEMBER chooses to participate in.
SECTION 6: MEMBERSHIP CANCELLATION
The MEMBER will only be entitled with the option to terminate his Membership after the conclusion of the length of this Contract. The request will only be accepted if sent by e-mail to email@example.com, with 15 days notice, along with the justification of the cancellation request.
No refunds will be provided from THE CAGE BOXING CLUB to MEMBER for early cancellation of the Contract.
For more than 1 month Membership Contract, THE CAGE BOXING CLUB requires an initial downpayment equivalent to the first and last month of the Contract. This doesn’t exempt the MEMBER to pay for the second or any consecutive monthly fees until the last month of this Contract.
The use of the pre paid last month will only be authorized upon formal request for the Membership Cancellation. If the MEMBER doesn’t follow the aforementioned steps to request the Membership Cancellation (15 days notice e-mail), THE CAGE BOXING CLUB will automatically renew the Contract with the same: rules and regulations; price; and length.
Subsequently to the renewal of this Membership Contract, the MEMBER is authorized to define the last month of his Contract with no limitations.
SECTION 7: CHANGES TO CREDIT CARD
The MEMBER must provide a writing notice to THE CAGE BOXING CLUB at least 30 days before the day that the change of the credit card will become effective. This request will only be accepted if sent by email from the MEMBER to firstname.lastname@example.org. THE CAGE BOXING CLUB will only agree to this change after running a test with the new credit card. In case of acceptance, a confirmation email will be send from THE CAGE BOXING CLUB to MEMBER with the authorization of his request.
SECTION 8: HEALTH ATTESTATION
The MEMBER attests that is fully able to participate in an exercise regimen of his design or choosing without undue risk. The MEMBER agreed with the THE CAGE BOXING CLUB’s Liability Waiver upon the creation of his account. The Liability Waiver can also be found at the THE CAGE BOXING CLUB’s website, app, and at the facility at anytime.
SECTION 9: LIABILITY WAIVER AGREEMENT
THE CAGE BOXING CLUB (Business Name: Brickell Box LLC) shall not be liable for any damages arising from personal injuries sustained in, on or about the premises of said facility, and the undersigned, its heirs, distributes, guardians, legal representatives and assigns hereby fully and forever release and discharge the fitness studio, owners and instructors, from action or cause of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the said THE CAGE BOXING CLUB, its instructors, and equipment thereof.
Assumption of The Risk:
Services including but not limited to Kickboxing, Bootcamp, Muay Thai, Jiu-Jitsu, Krav Maga or any other martial arts and fitness related activities offered by THE CAGE BOXING CLUB to customer are dangerous and risky activities during which death and severe physical and emotional injury may occur. Neither customer or customer’s parent and/or guardian will attempt to mediate, arbitrate, sure or otherwise make any claim or demand against released parties, including but not limited to THE CAGE BOXING CLUB, its agents, employees, attorneys, officers, directors, heirs and assigns, and/or independent contractors, for any injuries (including but not limited to emotional, physical, pain and/or suffering) and/or damages that result(s) from:
(a.) Negligence and/or Gross Negligence of (1.) Customer; (2.) Released Parties; (3.) Independent Contractors; (4.) Any Third Party;
(b.) Intentional Lawful Acts by (1.) Customer; (2.) Released Parties; (3.) Independent Contractors; (4.) Any Third Party;
(c.) Intentional Unlawful Acts by (1.) Customer; (2.) Released Parties; (3.) Independent Contractors; (4.) Any Third Party;
(d.) Defects, Latent or Patent, and/or Other Dangerous Conditions, Reasonable or Unreasonable, Which May Exist at Facilities;
(e.) Force Majeure; and/or
(f.) Any Strict Liability Theory under (1.) Customer; (2.) Released Parties; (3.) Independent Contractors; (4.) Any Third Party, might be liable for such damages, claims, demands or expenses.
Customer and/or customer’s parent and/or guardian understands and appreciates the aforementioned risks involved with services, and voluntarily engages in such risks. Moreover, customer and/or customer’s parent and/or guardian voluntarily waives the right to any notice of defects, latent or patent, or dangerous conditions, reasonable or unreasonable, which may exist at facilities.
Notice to the Minor Child’s Natural Guardian:
Read this form completely and carefully. You are agreeing to let your minor child engage in a potentially dangerous activity. You are agreeing that, even if THE CAGE BOXING CLUB uses reasonable care in providing this activity, there is a chance your child may be seriously injured or killed by participating in this activity because there are certain dangers inherent in the activity which cannot be avoided or eliminated. By agreeing to this form you are giving up your child’s right and your right to recover from THE CAGE BOXING CLUB in a lawsuit for any personal injury, including death, to your child or any property damage that results from the risks that are natural part of the activity. You have the right to refuse to agree with this form, and THE CAGE BOXING CLUB has the right to refuse to let your child participate if you do not agree with this form.
SECTION 10: OTHER TERMS AND CONDITIONS
Consent to Use Customer’s Depiction:
Customer agrees that while Customer is at Facilities and/or engaging in Services, THE CAGE BOXING CLUB may (a.) take as many photos and/or videos of Customer as THE CAGE BOXING CLUB in their exclusive discretion sees fit, and (b.) use any and all of such photo(s) and/or video(s) as THE CAGE BOXING CLUB in their exclusive discretion so desires.
If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining portions continue to be valid, performed, construed, and enforced to the fullest extent permitted by law, and the invalid or unenforceable term is deemed amended and limited in accordance with the intent of the parties, as determined from the face of this Agreement, to the extend necessary to permit the maximum enforceability or validation of the term or provision.
Choice of Law:
This Membership Agreement and Liability Waiver have been entered into the state of Florida, and the validity, interpretation and the laws of the state of Florida shall govern the legal effect of them.
Choice of Venue:
Venue for any dispute, litigation, arbitration, mediation, and/or lawsuit arising out of or in connection with Services, Facilities, and/or this Membership Agreement and Liability Waiver shall be exclusively in Miami-Date County Florida.
Customer and/or customer’s parent and/or guardian will indemnify released parties from and against any damages, claims, demands and/or expenses, including claims for wrongful death, personal injury, lost profits, down time, loss of or damage to customer’s personal property.
Reaffirmation of Agreement to Indemnify:
Each instance of customer’s use of THE CAGE BOXING CLUB’s services and/or facilities will constitute customer’s and/or customer’s parent’s and/or guardian’s ratification and reaffirmation of the previous provisions releasing, holding harmless, indemnifying, the released parties.
Continuing Duty to Indemnify:
Customer and/or customer’s parent and/or guardian agree(s) that, notwithstanding the termination or expiration of this Membership Agreement and Liability Waiver, customer’s covenant to indemnify the released parties will expressly survive.
Notwithstanding any other terms and/or provisions of this Membership Agreement and Liability Waiver, customer and/or customer’s parent and/or guardian agree(s) that in the event customer and/or customer’s parent and/or guardian is(are) found to be the prevailing party in any action brought against THE CAGE BOXING CLUB by customer and/or customer’s parent and/or guardian, the maximum award, including attorney’s fees, costs and expenses, that customer and/or customer’s parent and/or guardian shall be entitled to, is the dollar amount of customer’s service fee at the time customer and/or customer’s parent and/or guardian first contracted with THE CAGE BOXING CLUB.
Dispute Resolution by Mediation & Arbitration Only:
If a dispute arises out of or relates to Services, Facilities, and/or this Membership Agreement and/or Liability Waiver in any way, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration. Any dispute arising out of or relating to this document, or the breach thereof, that cannot be resolved by mediation within 30 calendar days shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in Miami-Dade County, Florida, in accordance with the United States Arbitration Act. If both THE CAGE BOXING CLUB and Customer agree in writing, then one arbitrator shall be sufficient to conduct the arbitration. Otherwise there shall be three arbitrators, named in accordance with the American Arbitration Association’s Commercial Arbitration Rules. The losing party in the arbitration shall timely reimburse, as ordered by the arbitrator(s), the prevailing party in the arbitration arising from or related to this document for all out-of-pocket costs and expenses (including reasonable attorney’s fees) incurred by the prevailing party in connection with such arbitration. The award of the arbitrators shall be accompanied by a statement of the reasons upon which the award is based.
Acknowledgement of Reviewing:
By entering into this Membership Agreement and Liability Waiver, Customer acknowledges that (a.) has thoroughly read and reviewed them; (b.) fully and completely understands them; and (c.) voluntarily accepts and agrees to be bound by them.
This document constitutes the only Agreement(s) of the Customer and THE CAGE BOXING CLUB, and there is/are no other Agreement(s), oral or written, between Customer and THE CAGE BOXING CLUB relating to the subject matter of the Membership Contract and Liability Waiver.
SECTION 11: DEFINITIONS
Customer and/or Member: The person paying for THE CAGE BOXING CLUB’s services and/or the user of THE CAGE BOXING CLUB’s services including all such persons: heirs, successors, parents, guardians and assigns.
Facility and/or Facilities: Location(s) where THE CAGE BOXING CLUB offers its services.
Force Majeure: Circumstances beyond the control of THE CAGE BOXING CLUB, including but not limited to, acts of God, war, riots, fire, explosion, flood, hurricane, and strikes.
Instructors: Employee of THE CAGE BOXING CLUB and/or Independent Contractor to THE CAGE BOXING CLUB, that provides Services on behalf of THE CAGE BOXING CLUB to Customer.
Released Parties: Include THE CAGE BOXING CLUB, and its Independent Contractors, Owners, Managers, Members, Agents, Employees, Attorneys, Officers, Directors, Heirs and Assigns.
Services: May include Kickboxing, Bootcamp, Muay Thai, Jiu-Jitsu, Krav Maga or any other martial arts and fitness related activities and/or class offered by THE CAGE BOXING CLUB.
Service Fee: The amount Customer pays to THE CAGE BOXING CLUB for use of its services and/or facilities.
ELECTRONIC SIGNATURE CONSENT:
You are signing this Membership Agreement and Liability Waiver electronically. You agree that by signing electronically, you consent to be legally bound by their terms and conditions. Signing electronically is equivalent of your manual signature, and indicates your entire acknowledgment of the present document. You are also aware that by doing your first Membership payment, you consent to be legally bound by this Agreement’s terms and conditions. A copy of this Agreement will be sent to you by e-mail at the moment of your purchase with your receipt.
Buyer's Acceptance: (electronic signature) [buyer] [signature4] Date Signed and Accepted [agreedate]
COSIGNER (ONLY NEEDED IF MEMBER IS A MINOR OR THERE WILL BE A FINANCIAL CO-SIGNER ON THE ACCOUNT)
PARENT/GUARDIAN. On behalf of my minor child and myself, I agree to all of the provisions of this Agreement, including the provision titled “Release of Liability; Assumption of Risk; Indemnity.” I promise to pay any financial obligation that my minor child does not pay for any reason. I understand that my obligations can only end if the Member/guardian properly terminates this Agreement. I expressly agree to the Authorization for Preauthorized Payments described above.
FINANCIAL COSIGNER. I promise to pay any financial obligation that the Member/Buyer does not pay for any reason. I also agree to indemnify Brickell Box LLC to the fullest extent permitted by law for any claim brought against Brickell Box LLC by the Member (or Buyer, if different from Member). I understand that my obligations can only end if the Member/Buyer properly terminates this Agreement. I expressly agree to the Authorization for Preauthorized Payments described above.
Cosigner/Parent/Guardian Acceptance: (electronic signature) [buyer] [signature5] Date Signed and Accepted [agreedate]