LIVING LEAN FITNESS

MEMBERSHIP AGREEMENT

1. AGREEMENT - This Membership Agreement (“Agreement”) is between Living Lean Fitness (“Living Lean Fitness”), Located at 1544 Lane Park Cutoff, Tavares, FL 32778, and the undersigned member (“Member”). This Agreement is effective as of the execution date below.

1. MEMBERSHIP – Member selects the following membership option:  Month-to-Month Membership

1. Month-to-Month Memberships: Members will need to pay the selected membership via the Designated Billing Company. Provided that Member is not in default of this Agreement and subject to the terms and conditions hereof, the membership will automatically renew each month at the current rate. Renewal terms may be cancelled at any time provided a 30-day written notice is delivered to Living Lean Fitness. Member agrees that if Member fails to use Living Lean Fitness facilities that shall not release the Member from the obligation to make all payments required by the terms of this Agreement.

1. Sales Tax: Notwithstanding any other provisions of this Agreement, Member understands and agree that the amount of the monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, Living Lean Fitness has the right to increase Member’s monthly membership dues by the amount of such increase. Any such increase shall be paid to Living Lean Fitness via the Designated Billing Company.

1. Payments: Member hereby authorizes the Designated Billing Company selected by Living Lean Fitness to draw items (checks, electronic fund transfers, charge card, and/or credit card) for the purpose of paying the membership dues, including any late fees or service fees, as well as other purchases, on the account (the “Designated Billing Company”). Living Lean Fitness hereby reserves the right to change the Designated Billing Company at its discretion and without warning. If such a change is made, the full terms and conditions of this Agreement will continue to apply, and Member agrees to authorize the new Designated Billing Company to continue drafting Member’s account.

1. Defaults: A default occurs when any payment due under this agreement is more than ten days late or there is a violation of the other terms and conditions under this Agreement or the Rules and Regulations. In the event of default, Living Lean Fitness may terminate Member’s access to the facility. Should any monthly payment become more than ten days past due, Member will be charged a late fee of $20. An additional service fee of $35 will be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason. Member agrees to pay all costs of collection, including but not limited to collection agency fees, interest, court costs, and attorney fees.

1. Membership Identification: Living Lean Fitness requires Member to furnish identification as a condition of using this facility, and such identification shall be provided by Member to this facility upon execution of this Agreement and upon request of any Living Lean Fitness representative.

1. THREE-DAY RIGHT OF RESCISSION - This Agreement provides for the penalty-free cancellation of Agreement within three (3) days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to Living Lean Fitness, and refund upon such notice of all monies paid under Agreement, except that Living Lean Fitness may retain an amount computed by dividing the number of complete days in Agreement term or, if appropriate, the number of occasions Living Lean Fitness services are to be rendered into the total Agreement price and multiplying the result by the number of complete days that have passed since the making of Agreement or, if appropriate, by the number of occasions that Living Lean Fitness services have been rendered. A refund shall be issued within thirty (30) days after receipt of the notice of cancellation made within the 3-day provision. [s. 501.017(1)(a), F.S.]

1. THIS AGREEMENT PROVIDES provides that notice of intent to cancel by Member shall be given in writing to Living Lean Fitness. The notice of cancellation from Member terminates automatically the Member’s obligation to any entity to whom Living Lean Fitness has subrogated or assigned Member’s Agreement. If Living Lean Fitness wishes to enforce Agreement after receipt of the notice, it may request the department to determine the sufficiency of the notice. [s. 501.017(1)(b)2, F.S.]

1. SUSPENSION/TERMINATION OF MEMBERSHIP BY LIVING LEAN FITNESS - Living Lean Fitness has the right to suspend and/or terminate any membership for non-payment of dues, fees, or for behavior inimical to the enjoyment of Living Lean Fitness facilities by other members and staff for any reason deemed sufficient in the sole discretion of Living Lean Fitness. If the facility becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, Living Lean Fitness will extend the Member’s membership privileges for the period the facilities were unavailable.

1. ADDITIONAL CANCELLATION / TERMINATION TERMS - If Living Lean Fitness goes out of business or relocates more than 5 miles from the current address (above), Member is entitled to cancel Agreement and receive a refund for any unused portion of the Term. 

1. The business location of Living Lean Fitness shall not be deemed out of business:

1. Upon sale, for not more than 21 consecutive days; or

1. When temporarily closed for repair and renovation of the premises, for not more than 14 consecutive days and not more than 2 periods of 14 consecutive days in one calendar year.

1. If a refund is due to Member, the refund shall be computed by dividing Agreement price by the number of days in the membership term and multiplying the result by the number of days remaining in the membership terms:

1. A refund shall be issued within 30 days after receipt of the notice of cancellation.

1. The Member should contact the Department of Agricultural and Consumer Services for information within 60 days should Living Lean Fitness go out of business.

1. This Agreement provides for the cancellation of Agreement if Member dies or becomes physically unable to avail themself of a substantial portion of those services which the Member used from the commencement of Agreement until the time of disability, with refund of funds paid or accepted in payment of Agreement in an amount computed by dividing Agreement price by the number of days in Agreement term and multiplying the result by the number of days remaining in Agreement term. Agreement may require the Member or Member’s estate seeking relief under this paragraph to provide proof of disability or death. A physical disability sufficient to warrant cancellation of Agreement by Member is established if Member furnishes to LLF a certification of such disability by a physician licensed under Chapter 458, 459, 460, or Chapter 461 provided the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within thirty (30) days after receipt of the notice of cancellation made pursuant to this paragraph. [s. 501.017(1)(d), F.S.]

1. SHOULD MEMBER CHOOSE TO PAY FOR MORE THAN 1 MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT MEMBER IS PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF MEMBER’S MONEY IN THE EVENT LIVING LEAN FITNESS AND/OR THE FACILITY CEASES TO OPERATE. LIVING LEAN FITNESS IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO MEMBER SHOULD MEMBER CHOOSE TO PAY IN ADVANCE.

1. The initial Agreement will not be for a period in excess of thirty (30) days.  Renewal Agreements may not be executed and the fee therefore paid until the preceding Agreement expires.
2. Agreement PROVIDES that if the facility requires the Member to furnish identification upon entry to the premises and as a condition of using the services of Living Lean Fitness, Living Lean Fitness shall provide the Member with the means of such identification. [s. 501.017(1)(f), F.S.]

1. HOURS OF OPERATION - The hours of operation will be set by Living Lean Fitness and may be changed at Living Lean Fitness’s sole discretion. In addition, Living Lean Fitness reserves the right to make or change the rules and regulations for the operation and use of the facility. Living Lean Fitness also reserves the right to add, eliminate, substitute or alter any training program, class, trainer, staff, equipment, furniture or fixture when deemed necessary. No refunds will be given based on the termination or resignation of an employee, independent contractor, or any other action pursuant to this paragraph.

1. ANNUAL MAINTENANCE FEE - Each year, Members will be required to pay an Annual Maintenance Fee of $39.99 in addition to monthly dues. The Annual Maintenance Fee is due and payable each year on the 3rd month in accordance with the enrollment date, as long as the membership is in effect.

1. LOST ARTICLES - Living Lean Fitness assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 30 days may be donated to charity or thrown away.
2. DAMAGES – Members shall pay for any damages to Living Lean Fitness property and/or the facility which results from the willful or negligent conduct of Member, Member’s guest, or dependent children.
3. WAIVER - Any failure by Living Lean Fitness to enforce any provision of this Agreement shall not be construed as a waiver of any provision or the right to enforce same.
4. GOVERNING LAW – This Agreement shall be governed by the laws of the State of Florida without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of this Agreement, or arising out of any other dispute or claim associated with Living Lean Fitness, Member irrevocably and unconditionally: (i) consents to submit to the exclusive jurisdiction of the state and federal courts in the State of Florida (the “Florida Courts”) for any litigation or dispute arising out of or relating to this Agreement; (ii) agrees not to commence any litigation arising out of or relating to this Agreement except in the Florida Courts; (iii) agrees not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agrees the Florida Courts represent the exclusive jurisdiction for all disputes relating to this Agreement.
5. SEVERABILITY - If any portion of this agreement is deemed illegal, void or unenforceable, then the remaining agreement shall remain in effect.

1. AMENDMENT - This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.

1. CONTACT METHODS - Member authorizes Living Lean Fitness and their authorized designees to contact Member by email, telephone, or by other means, subject to applicable law. Member agrees that any of these parties may contact Member at any mailing address, phone number or email address set forth in this Agreement, or any other address subsequently provided to, or obtained by, any such party. By signing this agreement, Member hereby consents to receive autodialed and/or pre-recorded telemarketing calls and/or text messages from or on behalf of Living Lean Fitness and their authorized designees, and Member understands that such consent is not a condition of purchase.

1. ENTIRE AGREEMENT - This Agreement and the Living Lean Fitness Rules, Regulations, Waiver, and Release form attached as Addendum “A” hereto and made a part hereof, constitute the entire and exclusive Agreement between the parties. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the Agreement which are not continued herein, are hereby waived.