This Membership Agreement is entered into between, BOX IQ FITNESS + KNOWLEDGE LLC (BOX IQ), the BOX IQ facility, located 15900 SW 92nd Ave Palmetto Bay FL 33157, and you the member. Box IQ is a Boxing fitness studio offering group fitness classes and individual training. This Agreement entitles members access to participate in these classes and to enjoy other amenities offered with respect to the membership package that is selected.
Please review this Agreement thoroughly as it is a legal contract between BOX IQ FITNESS + KNOWLEDGE LLC and all members. By using the services offered at BOX IQ, members are consenting to the terms of this Agreement.
PURCHASES AND PAYMENT
PAYMENT SUMMARY: Monthly membership payments shall be made 30 days after signing up on a month-by-month basis, via automatic debited payment (credit card, debit card, or bank account). In the event of a declined payment, the member’s account and membership will be immediately suspended, until their payment information is updated and their membership dues are paid in full. There is an initial non refundable sign up fee of 60$.
CLASS CANCELLATION AND BOOKING POLICIES
RESERVING CLASSES: Clients are solely responsible for the booking and canceling of their classes. Clients may reserve class spots online through their account, through the BOX IQ FITNESS + KNOWLEDGE website, or the MemberME+ app
SIGN-IN: Clients are required to enter their scheduled class no later than 10 minutes after the scheduled start time. If a client does not enter their classroom by this time, it is considered a no-show and BOX IQ FITNESS + KNOWLEDGE reserves the right to assign the spot to another person on the waitlist, as well as charge a no-show fee (detailed below).
CANCELLATIONS: Reservations may be canceled without penalty by canceling up to 12 hours prior to the class start time. This may be done online via a client’s account via the same apps used to book the session, or by calling the studio during regular operating hours and confirming with studio staff.
Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are not valid and the member will be charged. A late cancellation fee of 10$
CLASS PACKS + LIMITED MONTHLY MEMBERSHIPS: If you do not cancel within the 12-hour window, a late-cancel fee of $5 will be charged to your account and the class will be returned. If you do not have a working card on file, your class will be forfeited instead. If you do not cancel and do not show up to your scheduled class, a no-show fee of $10 will be charged to your account and the class will be returned. If you do not have a working card on file, your class will be forfeited instead.
MONTHLY UNLIMITED MEMBERSHIPS: If you do not cancel within the 12-hour requisite window, a late-cancel fee of $5 will be charged to your account. If you do not cancel and do not show up to your scheduled class, a no-show fee of $10 will be charged to your account. If you are on an auto debit contract or unlimited package and do not have a working card on file for such fees, your package will be reduced by one day and your auto debit contract will be suspended upon the subsequent month’s renewal.
The no-show and late-cancel fees apply to ALL clients equally regardless of unlimited status or special package pricing or membership level.
If you book multiple classes, or waitlist multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. BOX IQ FITNESS + KNOWLEDGE staff cannot be held responsible for accidental bookings by clients, double bookings, or double waitlisted classes made by members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.
WAITLIST: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. If you add yourself to a wait list, YOU are solely responsible for managing your bookings and for cancelling your classes within the bounds of the cancellation policy. The system will auto-populate clients into class from the waitlist as soon as other clients with confirmed spots cancel, and class slots will be assigned as such. BOX IQ FITNESS + KNOWLEDGE staff cannot move class slots for clients in classes that are completely full with wait lists.
PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT
PACKAGE PURCHASES: By purchasing a package from BOX IQ FITNESS + KNOWLEDGE, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members. Unlimited and auto-debit contract members are required to keep a current credit or debit card on file.
Specially priced packages may not be transferred, refunded, shared, or frozen. Packages that expire will activate on the first class booked.
CREDIT CARD ON FILE: Members may elect to keep a credit card on file. By placing a card on file, the cardholder and account holder gives permission to the BOX IQ FITNESS + KNOWLEDGE staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the BOX IQ FITNESS + KNOWLEDGE cancellation policy detailed above.
AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize BOX IQ FITNESS + KNOWLEDGE to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) BOX IQ FITNESS + KNOWLEDGE will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your Membership Agreement. BOX IQ FITNESS + KNOWLEDGE may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) the BOX IQ FITNESS + KNOWLEDGE booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. BOX IQ FITNESS + KNOWLEDGE cannot be held responsible for errors in processing due to expired or inaccurate information.
AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) BOX IQ FITNESS + KNOWLEDGE, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes, one on one training, boxing and exercise equipment in association with all activities at BOX IQ FITNESS + KNOWLEDGE Facilities.
You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the BOX IQ FITNESS + KNOWLEDGE, you would be at physical risk participating in BOX IQ FITNESS + KNOWLEDGE Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish BOX IQ FITNESS + KNOWLEDGE with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing BOX IQ FITNESS + KNOWLEDGE concerns and stating that BOX IQ FITNESS + KNOWLEDGE concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless BOX IQ FITNESS + KNOWLEDGE, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of BOX IQ FITNESS + KNOWLEDGE Classes and Facilities, (b) do not have a physical or mental condition that would put you or other members in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using BOX IQ FITNESS + KNOWLEDGE’s Classes and Facilities, and should not be participating in any Classes.
Assumption of the Risk and Waiver of Liability Relating to Corona virus/COVID-19
The novel corona virus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
BOX IQ FITNESS + KNOWLEDGE has put in place aggressive preventative measures to reduce the spread of COVID-19. However, the studio cannot guarantee that you or any member/employee of BOX IQ FITNESS + KNOWLEDGE will not become infected with COVID-19. Further, attending the studio could increase your risk of contracting COVID-19.
You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by attending the BOX IQ FITNESS + KNOWLEDGE Studios and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the studios may result from the actions, omissions, or negligence of myself and others, including, but not limited to, studio employees, instructors, and staff.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at BOX IQ FITNESS + KNOWLEDGE (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless BOX IQ FITNESS + KNOWLEDGE, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of BOX IQ FITNESS + KNOWLEDGE, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any BOX IQ FITNESS + KNOWLEDGE program.
You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.
You agree to be solely responsible for the safety and well-being of yourself.
You agree to comply with all rules imposed by BOX IQ FITNESS + KNOWLEDGE regarding the use of the facilities and equipment.
You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by BOX IQ FITNESS + KNOWLEDGE. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER
You may cancel this Membership Agreement at any time. You must provide BOX IQ FITNESS + KNOWLEDGE written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than ten (7) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take affect the subsequent month. For example, if your billing payment is due the last day of the month, you must provide written notice no later than seven (7) business days prior to that date. If you fail to do so, you will be billed on the last day of the following month for the full amount, and your contract will be cancelled thereafter.
If, at the time of receipt of your cancellation notice, you have outstanding payments owed to BOX IQ FITNESS + KNOWLEDGE, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and BOX IQ FITNESS + KNOWLEDGE reserves the right to pursue additional avenues or means to receive monies owed.
This Membership Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of BOX IQ FITNESS + KNOWLEDGE services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability); and (2) the member moves further than twenty five (25) miles from BOX IQ FITNESS + KNOWLEDGE. The member shall provide proof of new residence.
MISCELANEOUS
CONDUCT/DAMAGES: BOX IQ FITNESS + KNOWLEDGE is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe BOX IQ FITNESS + KNOWLEDGE’s rules and regulations or who abuse equipment in any fashion will be asked to leave. BOX IQ FITNESS + KNOWLEDGE has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to BOX IQ FITNESS + KNOWLEDGE property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. BOX IQ FITNESS + KNOWLEDGE reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by BOX IQ FITNESS + KNOWLEDGE.
PHOTO/VIDEO RELEASE: You hereby grant BOX IQ FITNESS + KNOWLEDGE , its representatives, employees, or agents the right to take photographs and video footage of you and your property while at BOX IQ FITNESS + KNOWLEDGE and to use and publish these photos or videos in print and/or electronically. You agree that BOX IQ FITNESS + KNOWLEDGE may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.
You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the fifth business day of the health studio after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file or delivered in person to Ely Honore or Erik Velazquez at 15900 SW 92nd Ave Palmetto Bay FL 33157.
NON MEMBER USE OF GYM: All non members who use BOX IQ FITNESS + KNOWLEDGE LLC facilities for any reasons including but not limited to paid day passes or free promotional day passes will be subject to the same rules and regulations as full time members and will be asked to read and sign this document.
1. Members are entitled to the penalty - free cancellation of this contract within 3days , exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all monies paid under the contract, except that the health studio 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.
2. Members are entitled to the cancellation and refund of the contract if the contracting business location of the health studio 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.
3. A member’s notice of his/her intent to cancel shall be given in writing to the health studio. And that such a notice of cancellation shall also terminate automatically the consumer's obligation to any entity to whom the health studio has subrogated or assigned the consumer's contract. If the health studio wishes to enforce such contract after receipt of the notice, it may request the department to determine the sufficiency of the notice. (Attention Health Studio Owner! Please Note: this applies to any notice cancellation)
4. That 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 a health studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises:
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.
A refund will be issued within 30 days after receipt of the notice of cancellation.
5. Members are advised to contact the Florida Department of Agriculture & Consumer Services for information within 60 days should the health studio go out of business.
6. 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 the health studio 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.
7. 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.
a. If this studio sells a single contract for 30 days or less, without any option or other condition which establishes any right or obligation of a member beyond the 30-day period then provision 1 should read as follows: “The initial contract will not be for a period in excess of 30 days. Renewal contracts may not be executed, and the fee therefore paid until the preceding contract expires.”
b. If this studio sells SESSIONS in this manner (7a) then the contract must ALSO indicate: “All sessions must be used within 30 days.”
8. If the health studio requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the health studio will provide the buyer with the means of such identification.
9. With respect only to health studios exempt from posting security, the following statement must be included verbatim, in all capital letters, bold print, and at least 10 point font:
SHOULD YOU (THE BUYER) 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 THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO 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.
Box IQ Fitness + Knowledge
