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FLEX & FLOW FITNESS LLC

d/b/a FLEX & FLOW FITNESS

5850 W CYPRESS STREET

TAMPA, FL 33607

318-918-4558

WAIVER OF LIABILITY

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT 

PLEASE READ CAREFULLY!

FLEX AND FLOW FITNESS LLC, d/b/a FLEX & FLOW FITNESS (THE “COMPANY”) STRONGLY RECOMMENDS THAT YOU CLEAR YOUR PARTICIPATION IN ANY PROGRAM WITH YOUR PHYSICIAN. THE PROTOCOLS OF THIS PROGRAM WILL INVOLVE RISKS TO YOUR HEALTH AND IT IS IMPORTANT YOU UNDERSTAND THE FOLLOWING:

ACKNOWLEDGEMENT OF DANGER: I acknowledge that The Company provides access to activities, including but not limited to  cryotherapy, infrared saunas, and hyperbaric oxygen chambers, involve inherent and significant health, safety and injury risks. These dangers may include, but are not limited to: Heat-related illnesses such as heat stroke, heat exhaustion, heat cramps, or heat syncope due to elevated body temperature. Cold-related illnesses such as frostbite, hypothermia, abnormal heart rhythms, and other cold-related injuries due to exposure to extremely low temperatures.  Dehydration or electrolyte imbalance from excessive sweating.  Burns from contact with hot surfaces or steam.  Slips, trips or falls on wet surfaces. Dizziness, fainting or loss of consciousness, and drowning from rapid changes in body temperature or position.  Exacerbation of pre-existing medical conditions such as heart or lung disease. Allergic or adverse reactions to chemicals, essential oils or other agents used in treatments.  Muscle strains or sprains from improper use of equipment.  Infection from poor hygiene.  Nerve damage or spinal injury from improper body positioning.  Skin irritation or rash from treatments, chemicals, fabrics or moist environments. Exacerbation of mental health conditions in vulnerable individuals.  Risk of death in high-risk individuals such as the elderly, children, pregnant people or those with serious medical conditions.  Risk of injury from equipment malfunction or improper use/maintenance. Psychological distress from anxiety in enclosed spaces or feeling trapped in equipment.  Social harms such as embarrassment, objectification or privacy violations.  Economic losses such as costs of medical care, lost wages or property damage.   Unintended health or safety risks from lack of oversight, research or foresight.  Participation in these activities is wholly voluntary, and the undersigned agrees to assume any and all risks of injury or loss, regardless of severity or cause, which may arise directly or indirectly from receiving these services.

HYPERBARIC CHAMBER ACKNOWLEDGEMENT: I understand that I should consult with my physician prior to using the Hyperbaric Oxygen Chamber if I answer yes to any of the following conditions:  High blood pressure or taking blood pressure medication; diabetes or poor blood sugar control with average glucose levels greater than 300 or less than 100; ear, eye or sinus disease (including infections and/or surgery; damaged lungs, fluid in the lungs, pneumonia, COVID lungs, lung cancer, pulmonary fibrosis, severe shortness of breath; Congestive Heart Disease; asthma requiring medication; history of chest surgery; seizure disorders/epilepsy; Congenital Spherocytos; Sickle Cell Anemia; Cataracts; cancer; currently pregnant or potentially pregnant; Dementia, cognitive or short-term memory problems; psychiatric conditions; Claustrophobia; or have any implanted medical devices, including pacemakers, deep brain stimulation, and all other electronic medical device implants

I affirm that my safety and my physician's support are the primary goals of this medical assessment. I have fully and accurately disclosed all information relevant to my health and medical history for the purposes of screening my fitness and safety for use of the Hyperbaric Oxygen Chamber. I understand that any opinion of my fitness for the chamber is based solely on the information I have provided. 

I confirm that I have been evaluated by my physician within the past 6 months and have had no changes to my medical history or health status since being seen. If the Company deems me safe and fit for use of the mild hyperbaric chamber for general wellness purposes, I understand this is meant only to potentially improve my body's oxygen levels and is not for treatment of any medical condition. I will use the chamber only for this purpose of general health and wellness as recommended by the Company.

ACCEPTANCE OF RESPONSIBILITY:  I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in the red light sauna and/or cold plunge (the “Services”) in the location listed above (known hereinafter as the “Premises”), and accept full responsibility for any all risk of death, serious personal injury, temporary or permanent disability, or property loss and/or damage suffered by me or my property in connection with the Services whether or not described in this Agreement, known or unknown, inherent or otherwise, or while visiting, traveling to or using the Premises.

ASSUMPTION OF RISK:  Understanding, acknowledging, and accepting all the risks and hazards involved with the Services, I freely and voluntarily choose to participate, enter, and use the Premises, and I HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO ME OR MY PROPERTY AS A RESULT OF OR INCIDENT TO MY PARTICIPATION IN THE SERVICES, INCLUDING THE RISK I MAY BE INJURED BY THE ACTIONS, OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF THE COMPANY, ITS OWNERS, AGENTS, OFFICERS, PRINCIPALS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND VOLUNTEERS (THE “RELEASED PARTIES”), OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN THE SERVICES OR FROM OR USING OR VISITING THE PREMISES.  I understand and agree that this Agreement will be binding on me, my spouse (or registered domestic partner), my guardians, the executors or administrators of my estate, my heirs, my personal representatives, my assigns, my successors in interest, my children, and any guardian ad litem for said children (collectively, the “releasors”). I accept full and complete responsibility for the safety of myself, any guests, observers or other individuals who I have invited to the Premises, and property we have brought to the Premises, and I assume the risk of damage, theft, loss or injury caused by others to me, my guests and our property. I also accept full and complete responsibility for the consequences of taking unreasonable risks while participating in the Services or using the Premises, including, without limitation, attempting activities that I am not qualified to perform safely, causing any other participants/spectators an unreasonable risk of harm, or failing to follow correct safety procedures when using the Premises and participating in the Services.

RULES AND INSTRUCTIONS:  I agree to abide by all rules and instructions provided by The Company related to the proper use of the Services and equipment. I understand that failure to follow rules or instructions could result in harm to myself or others.

PUBLICITY RELEASE: For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby irrevocably grant to The Company, the irrevocable, perpetual and unrestricted (except as expressly set forth below) right and permission, to use and publish my appearance (“publicity rights”) in any and all media now or hereafter known in connection with The Company and the Services, including any goods or products, or any related activities to any of the foregoing (all such medium in which the Publicity Rights are used shall be referred to as the “pictures”), for any commercial purpose whatsoever, without royalty, payment, or any other compensation whatsoever to me. For such use of the Publicity Rights and the Pictures, I understand and agree that I will not be entitled to any compensation or consideration beyond my participation in the Services. I further agree that The Company may edit, alter, digitize, synchronize, reproduce or otherwise change the Pictures for any such purpose. I acknowledge that I shall have no, and hereby expressly disclaim, any ownership, authorship or moral rights in the Pictures or any part thereof.

VIDEO SURVEILLANCE:  I recognize the need for video surveillance on and about Premises for security and productivity purposes.  I recognize and agree that it is a condition of participation at The Company that I freely execute and agree to this video surveillance, including being personally recorded pursuant to said video surveillance.  I agree that the Released Parties may use any taping of my image, voice or appearance at any time pursuant to said video surveillance at its discretion in the ordinary course of its operations.  

AUDIO/VISUAL PUBLICITY WAIVER:  I agree to indemnify and hold harmless the Released Parties, its agents, successors, and assigns, from any and all claims, demands, actions or causes of action, liabilities, costs, dues, sanctions, fees, penalties, or expenses of any sort arising from the making of such recordings of me and their lawful and appropriate use. I further acknowledge that The Company exclusively owns all rights to these recordings regardless of the form in which they are produced or used.

COPYRIGHTS:  The rights granted to the Released Parties herein include, without limitation, all rights of every nature whatsoever in connection with use of the Pictures, including without limitation all copyrights (and any other intellectual property rights) therein and renewals and extensions thereof.  I acknowledge and agree that all copyrights and right of every other kind relating or pertaining to the Pictures described above are the sole property of The Company and I have no claim to the copyrights (or any other intellectual property rights) in the Pictures. 

CHILD WITH PARTICIPANT:  I willingly assume full responsibility for any and all risks that I am exposing any child/children to as a result of bringing him/her/them with me to this Premises and Services and accept full responsibility for any injury or death that may result to them from their presence and/or unauthorized/unsupervised action and activity. I hereby certify that I know of no medical problems that would increase his/her/their risk of illness, injury, or death as a result of his/her/their presence in the Premises.  I willingly assume full responsibility of supervision of the child/children during my entire time at The Company. With my full understanding of the above information, I agree to assume any and all risks to the child/children associated with my participation in any and all Services at this Premises.

HEALTH CERTIFICATION:  Prior to using the Services, I acknowledge that I must obtain a health certification from a licensed physician confirming that I am in good health and able to safely tolerate the extreme conditions created by the Services.  The health certification must be dated within the past twelve (12) months (except for the hyperbaric oxygen chamber as set forth above) and state that I have no medical conditions that would make use of the Services hazardous or life-threatening.  I must renew my health certification annually in order to continue using the Services.  By signing here, I am confirming that my current health certification is up to date and that I will maintain it as herein required. 

STAFF RIGHT TO DENY ACCESS:  The Company reserves the right to deny me access to the Services if I appear impaired or otherwise unable to safely use the Services.  Grounds for denial of access include but are not limited to: signs of alcohol/drug intoxication, combativeness, disruptive behavior, vandalism, non-compliance with rules/instructions, health concerns, and hygiene issues.  Any denial of access will be documented in an incident report and reviewed by The Company.

WAIVER:  In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the Services, I HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN THE SERVICES AND/OR USE OF THE PREMISES OR ACTIVITIES RELATED THERETO, NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE, provided that nothing in this Section shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property.

CONSENT TO MEDICAL TREATMENT: I understand that the Services that take place on the Premises may not be supervised and that The Company does not provide medical services.  I understand that certain prescribed medications may exacerbate these physiological changes and create an even greater risk of physical damage or death.  In connection with any injury that I may sustain or illness or other medical conditions that I may experience during my presence at The Company, I authorize and consent to receive any emergency first aid, medication, medical and/or surgical treatment deemed necessary by the attending personnel and/or the Released Parties.  I acknowledge that the Released Parties are under no obligation to provide such medical treatment or services, and the Released Parties do not warrant or make any representation concerning the adequacy or continuation of such medical services, nor can the Released Parties be deemed responsible or held liable for any claims arising out of the provision of such medical services or the failure to provide or to continue to provide such medical services.  I further authorize the Released Parties to execute on my behalf any permission forms, consents or other appropriate documents relating to medical attention and to act on my behalf if not able or immediately available to do so and the same is urgent as determined in their sole discretion. I ACKNOWLEDGE AND AGREE THAT EMERGENCY ASSISTANCE AND/OR TREATMENT MAY BE RENDERED BY PERSONS WITH TRAINING OR EXPERIENCE WHICH MAY NOT BE ADEQUATE FOR CERTAIN MEDICAL SITUATIONS AND/OR THE INJURIES SUSTAINED BY ME, WHICH INJURIES MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL AND WAIVE ANY CLAIM IN RESPECT THEREOF.  I expressly acknowledge that if The Company is located some distance from medical facilities, that such distance may exacerbate any injury or condition sustained by me.  I shall be responsible for all costs associated with such medical care and related transportation.

PERSONAL PROPERTY:  I am responsible for the security and safety of my own property and any personal effects I use, bring to or leave at the Premises, and that the Released Parties cannot guarantee the security or safety of my property. Should I leave any property at the Premises or otherwise in the custody of the Released Parties, I do so at my sole and absolute risk. None of the Released Parties shall have any liability to me or anyone else in the event of loss, damage, destruction or use, whether authorized or not, by any person or theft of any such property.

INDEMNIFICATION:  I SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES, SETTLEMENTS, JUDGMENTS, CAUSES OF ACTION AND LIABILITIES OF ANY KIND WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN, INCLUDING ATTORNEYS’ FEES, IN LAW OR IN EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIM RELATED TO MY PARTICIPATION IN THE SERVICES, INCLUDING WITHOUT LIMITATION, MY BREACH OF THIS AGREEMENT OR PREMISES RULES AND POLICIES, ANY INDIVIDUAL I INVITE TO THE PREMISES, OR ANY OTHER THIRD PARTY CLAIM RELATED TO THE SERVICES.

COVENANT NOT TO SUE:  I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises.

SURVIVAL: Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.

ENTIRE AGREEMENT; MODIFICATION; BINDING EFFECT: This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.

GOVERNING LAW AND VENUE:  This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to the principles of conflicts of law. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in Florida, Hillsboro County.

SEVERABILITY: If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. 

I have fully read and fully understand the foregoing assumption of risk, and release of liability, and I understand that by signing, it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights. I have been provided an opportunity to ask an attorney questions regarding this form and any fitness related program, as well as questions for clarity. By signing, I am verifying that I have received adequate and sufficient answers to all of my questions.

Date:  {sign_date}

Participant’s Signature:

FLEX & FLOW FITNESS LLC

d/b/a FLEX & FLOW FITNESS

5850 W CYPRESS STREET

TAMPA, FL 33607

318-918-4558

Premises and Access 

Release and Waiver of Liability Agreement

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT 

PLEASE READ CAREFULLY!

WHEREAS, FLEX AND FLOW FITNESS LLC, d/b/a FLEX & FLOW FITNESS  (“Company”) is the operator of the fitness facility located at 5850 W Cypress Street, Tampa, FL 33607 (“Premises’), and is willing to permit the individuals signing this Agreement to use the Premises for the purpose of utilizing the fitness center in an unsupervised capacity for exercise and fitness, upon the terms and conditions of this Agreement and/or those provided for in the Premises.

In consideration for being provided access to and use of the Premises, each person signing below hereby stipulates and agrees:

1. Use of Premises. I understand and agree that I may only use the Premises for the purposes set forth in this Release and Waiver of Liability agreement or as provided for in the Premises. I further agree that I am responsible for the proper use and care of the Premises and any of Company’s property thereon, and that I will be liable for the replacement cost of any Company property which is damaged, destroyed or lost. I also agree to clean up the Premises after I am done using the Premises as permitted in this agreement and to restore the Premises to the same condition in which it was provided to me.  I acknowledge that the Company makes no representation as to the condition of the Premises or the safety of any structures or equipment that may be used at the Premises. I accept and shall use the Premises in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by the Company or the Company’s employees, agents, or representatives regarding this agreement or the Premises, except to the extent such representations are expressly set forth in this agreement. 

2. Unattended Access:  I recognize that I may be attending the Premises and using the Premises’s equipment at times when the Premises is unattended by Premises staff or other members.  

3. Acknowledgement of Danger. I am fully aware that exercise and fitness activities are of a nature and kind that are extremely strenuous.  I understand and acknowledge that the activities that take place on the Premises may be dangerous and may involve the risk that I will sustain injuries that include, but are not limited to the following: (1) PHYSICAL INJURY AND/OR DEATH including minor injuries and major injuries such as joint and back injuries, broken bones, concussions, rhabdomyolysis, musculoskeletal injuries, cardiovascular injuries, heart attack, stroke, brain injury, and injury to my fetus (if pregnant); (2) exposure to, and sickness from, infections, viruses, bacteria and disease, including but not limited to, COVID-19; and (3) property damage. I further understand that I may have exposure to the natural elements that could cause sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps, and I assume and accept all risks associated with heat related ailments.  I understand that injuries can occur because of the condition of the premises and land surrounding the premises, and that the land surrounding the premises may pose such dangerous conditions due to snakes, insects, spiders, ditches, erosions, sharp rocks, culverts, fallen trees, branches, snow, mud, or other natural and man-made hazards.  I understand that the Premises may contain toys or other items that children have brought along with them, and I willingly accept the risk related to these objects being around and/or in contact with me.  

4. Acceptance of Responsibility:  I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in any activity in and surrounding the Premises, and accept full responsibility for any all risk of death, serious personal injury, temporary or permanent disability, or property loss and/or damage suffered by me or my property in connection with my participation whether or not described in this Agreement, known or unknown, inherent or otherwise, or while visiting, traveling to or using the Premises.

5. Assumption of Risk.  I understand that the activities that take place on the Premises may not be supervised and that the Company does not provide medical services. I further acknowledge that any injury I may sustain while on the Premises may be compounded by negligent or delayed medical service.  I assume the risk of injury due to equipment failure, improper form, conduct of others using the Premises or other causes related to lack of supervision and waive any claim arising out of the Premises being unsupervised or unattended.  I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF AND PARTICIPATION IN  ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.

6. Release from Liability. In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am, on behalf of myself, my heirs and my personal representatives, willingly and voluntarily participating in self-administered activities using the equipment or facilities, and with my full understanding of all of the above, I hereby waive, release, remise, discharge and release Company and its owners, agents, officers, principals, employees, independent contractors and volunteers (“Released Parties”) of any and all liability, claims, demands, action or rights of actions, or damages of any kind related to, arising from, or in any way connected with, my participation in physical training or my use of the equipment or the premises.  I hereby agree, to fully and forever discharge from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my entry upon and use of the Premises, whether caused by the negligence of the Company or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while on or using the Premises.

7. Video Surveillance:  I recognize the need for video surveillance on and about Premises for security and productivity purposes.  I recognize and agree that it is a condition of my participation at Company that I freely execute and agree to this video surveillance, including being personally recorded pursuant to said video surveillance.  I agree that Company and its agents, officers, principals, employees, independent contractors and volunteers may use any taping of my image, voice or appearance at any time pursuant to said video surveillance at its discretion in the ordinary course of its operations.  I agree to indemnify and hold harmless Company and its owners, agents, officers, principals, employees, independent contractors, volunteers, its agents, successors, and assigns from any and all claims and liability for damages, losses or expenses of any sort arising from the making of such recordings of me/him/her/them and their lawful and appropriate use. I further acknowledge that Company exclusively owns all rights to these recordings regardless of the form in which they are produced or used.

8. Child Of Participant:  I willingly assume full responsibility for any and all risks that I am exposing my child/children to as a result of bringing him/her/them with me to this Premises and Services and accept full responsibility for any injury or death that may result to them from their presence and/or unauthorized/unsupervised action and activity. I hereby certify that I know of no medical problems that would increase his/her/their risk of illness, injury, or death as a result of his/her/their presence in the Premises.  I willingly assume full responsibility of supervision of my child/children during my entire time at The Company. With my full understanding of the above information, I agree to assume any and all risks to my child/children associated with my participation in any and all Services at this Premises.

9. Service Animals:  I understand that only certified service animals are permitted at Company.  A "certified service animal" is defined as the following:  a hearing animal, guide animal, assistance animal, seizure alert animal, mobility animal, psychiatric service animal, or autism service animal.  

1. Certified service animals must comply with all licensing, vaccination, behavior and conduct requirements. I understand that I am required to notify Company prior to bringing a service animal to the Premises.  I shall be strictly liable for any damage or injury to any person or property caused by such animal. I will indemnify, defend, and hold harmless Company and its agents, officers, principals, employees, independent contractors and volunteers for any damages, loss, expenses, attorneys' fees, costs, judgments or liability which might accrue as the case may be, because of the presence of such animal in the fitness facility, regardless of whether the animal's presence is permitted.

10. Consent to Medical Treatment: In connection with any injury that I may sustain or illness or other medical conditions that I may experience during my presence on or in the Premises, I authorize and consent to receive any emergency first aid, medication, medical and/or surgical treatment deemed necessary by the attending personnel and/or the Released Parties.  I acknowledge that the Released Parties are under no obligation to provide such medical treatment or services, and the Released Parties do not warrant or make any representation concerning the adequacy or continuation of such medical services, nor can the Released Parties be deemed responsible or held liable for any claims arising out of the provision of such medical services or the failure to provide or to continue to provide such medical services.  I further authorize the Released Parties to execute on my behalf any permission forms, consents or other appropriate documents relating to medical attention and to act on my behalf if not able or immediately available to do so and the same is urgent as determined in their sole discretion. I ACKNOWLEDGE AND AGREE THAT EMERGENCY ASSISTANCE AND/OR TREATMENT MAY BE RENDERED BY PERSONS WITH TRAINING OR EXPERIENCE WHICH MAY NOT BE ADEQUATE FOR CERTAIN MEDICAL SITUATIONS AND/OR THE INJURIES SUSTAINED BY ME, WHICH INJURIES MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL AND WAIVE ANY CLAIM IN RESPECT THEREOF.  I expressly acknowledge that if the Company is located some distance from medical facilities, that such distance may exacerbate any injury or condition sustained by me.  I shall be responsible for all costs associated with such medical care and related transportation.

11. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises.

12. Indemnification. I hereby agree to defend, indemnify and hold harmless Company and the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Premises or participation in any activities on the Premises.  

13. Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Premises and that Company will not be responsible for or provide any security for my property and personal belongings.

14. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Florida, Hillsboro County.

15. Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.

16. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.

17. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.

18. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. 

19. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.

I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.

Name: {name}

Date: {sign_date}

FLEX AND FLOW FITNESS LLC

d/b/a FLEX & FLOW FITNESS LLC 

5850 W CYPRESS STREET

TAMPA, FL 33607 

318-918-4558

FLEXANDFLOWFITNESS@YAHOO.COM

Membership Agreement

FLEX AND FLOW FITNESS LLC is registered with the State of Florida as a Gym, Registration No. is HS_____________.

Agreement made on this date, between FLEX AND FLOW FITNESS LLC, D/B/A FLEX & FLOW FITNESS LLC, a limited liability company organized and existing under the laws of the state of Florida, with its principal office located at 5850 W Cypress Street, Tampa, FL 33607, as a Health Club referred to herein as the Gym, and the undersigned, hereinafter called Client.

Whereas Client desires to become a client of the Gym and cannot become a client without agreeing to the rules and regulations set forth below and abiding by the terms of this Agreement;

Whereas, the Gym provides physical training services through 24/7 Open Gym Access.  All services are intended to improve the health and performance of Client; 

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 

1. Membership Fees, Term, Cancellation, Hold, and Rate Increases

All Membership options are listed below.  Membership and services must be paid for in advance. All fees and schedules are subject to change without notice. At the present time, membership options are as follows:

*A $29.99 yearly fee is charged at the time of signing this agreement and each year thereafter on the Anniversary date of this Agreement. 

Term:  Services under this Agreement will begin on the date Client signs this Agreement. This Agreement automatically renews on a billing cycle of every one (1) month on the Anniversary date of signing this Agreement.  Client understands that upon signing this Agreement, Client is not entitled to any refund of any part of the membership dues unless otherwise provided for in this Agreement or by Law. 

Cancellation:  Client may cancel this Agreement at any time by providing written notice to Gym through the company website or the company mobile application.  Memberships require a fourteen (14) day notice of cancellation unless otherwise provided for in this Agreement.  Any regular payments scheduled within the cancellation window will be processed.  By signing this Agreement, Client is authorizing the Gym to process any payment scheduled for processing within the cancellation window. 

Gym may cancel this Agreement at any time for any reason. 

Hold/Freeze:  Client may not hold or freeze a monthly payment at any time for any reason.  

Rate Increases:  The Gym reserves the right to increase membership rates and fees at any time for any reason.  The Gym will provide at least 30 days advance written notice to the Client regarding any rate adjustments. Notice shall be sent to the Client's address on file via email.  The adjusted rates shall become effective on the first day of the next billing cycle following the expiration of the 30 day notice period.  The Client's continued use of the Gym's facilities and services after the effective date of the rate adjustment shall constitute acceptance of the adjusted membership rates.  While the Gym reserves sole discretion to adjust rates, any rate increases will be reasonably based on factors such as operational costs and market rates.  Any rate adjustments will be uniformly applied to all memberships within each category or level of membership.  If the Client does not wish to continue their membership at the increased rates, they may cancel their membership in accordance with the cancellation policy set forth in this Agreement without penalty.  This clause balances the Gym's need to adjust pricing with Client's interest in reasonable rates and the ability to cancel their membership if a rate hike is unacceptable.

2. Automatic Payment Authorization Through Electronic Funds Transfer (EFT)

Client represents and warrants that if Client is purchasing something or paying for a service from this Gym that (i) any credit card, debit card, or bank account draft (ACH Draft) information Client supplies is true and complete, (ii) charges incurred by Client will be honored by Client’s credit card company or financial institution, and (iii) Client will pay the charges incurred by Client at the posted prices, including any applicable taxes, fees, and penalties.

Client hereby authorizes (if online payment is made or autopay information is provided) this Gym to charge Client’s ACH draft, credit card, or debit card account for the following amounts:  (1) Client’s recurring membership dues, and (2) any other fee for other goods/services Gym provides that Client instructs Gym to bill to Client’s account on file.

Authorized EFT payments may be separately initiated or, to the extent permitted by law, combined with other authorized EFT payments. Client will receive notice if Client’s EFT rate is changing and have the choice of whether to continue or cancel Client’s membership at that time. If tax rates applicable to Client’s account change and alter such Client’s automatic payment in accordance with this Agreement, Client consents to receive notice only if the charge varies by more than 10%. Client may cancel EFT authorization by giving Gym written notice of termination in accordance with this Agreement.  Client agrees to give Gym notice if Client’s billing or Account information changes.  If Client decides to change Client’s billing information, a 15-day notice is required.

3. General Policies

The undersigned Client understands and agrees to the following general policies:

A. If Client anticipates being more than 10 minutes late to a group class, Client must contact the on-duty trainer.  If Client is more than 20 minutes late to a group class, the on-duty trainer has a right to deny entry to the group class.

B. Other Service Fees

All services outside of those listed in this Agreement are subject to additional hourly rates, monthly rates, and/or specialty fees.

4. Access to Gym 

This Agreement applies only to the individual signing this Agreement.  Only the Client signing this Agreement is granted access to the Gym.  Client is aware that the Gym uses cameras.  Any Client caught granting access to non-members will be terminated immediately.  Client will also be assessed a guest pass fee multiplied by the number of people the Client brought in with them in violation of this policy. This is a no exceptions policy. 

5. Prohibition on Unauthorized Personal Training Services

In order for a Client/Trainer to provide personal training services, they are required to sign an indemnification agreement with the Gym prior to providing any services. Personal training services include, but are not limited to, providing instruction, guidance, coaching, or assistance to another client related to exercise techniques, use of equipment, program design, workout regimens, nutrition advice, or other fitness-related services.  Payment or compensation for unauthorized training services is prohibited in any form, including but not limited to, cash, check, credit/debit cards, digital payment applications, barter, trade, and gifts or rewards of any kind.

Any Client found to be providing paid personal training services without authorization will be subject to penalties. If Client/Trainer refuses to sign the indemnification agreement, they will be terminated. This is a no exceptions policy. 

The Gym reserves the sole right to determine if a violation of this policy has occurred and to enforce the penalties described herein. Clients interested in becoming authorized personal trainers may inquire about the Gym's certification process and employment opportunities.  This policy aims to maintain a fair, supportive, and organized environment for all Gym members and staff. Clients are encouraged to contact management with any questions or concerns about this policy or its enforcement.  Continued membership constitutes acceptance of all Gym policies, including any future amendments to this prohibition on unauthorized personal training services.

6. Conduct

The Gym is committed to the health, safety, and welfare of each of its clients and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. The Gym has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership of any client engaging in unacceptable behavior. 

7. Minimum Age

By signing this Agreement, Client is acknowledging that Client is at least sixteen (16) years of age.

8. Damages

Client shall pay for any damages to the Gym’s property which results from the willful or negligent conduct of Client, Client’s guest, or dependent children.

9. Lost Articles 

Gym assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity. 

10. Assignment of Agreement

The Gym reserves the right to sell, transfer, or assign all or part of its business, assets, or ownership to a new owner ("New Owner"). This includes the right to sell or transfer Client account information, including but not limited to name, contact details, payment information, and any health, fitness, or other personal information provided by Client ("Client Information").  Upon sale, Client Information shall be transferred to New Owner as part of the sale. New Owner shall have the same rights to use and disclose Client Information as the Gym. The Gym and New Owner may disclose Client Information to each other and to their agents, accountants, and attorneys as reasonably necessary to complete the sale.

Purpose and Necessity. This clause permits the continued operation of the business after a sale and provides clear expectations about the transfer of Client Information. It aims to balance Gym's business needs with Client's privacy rights.

11. Chargeback Policy

The Client agrees not to dispute or initiate chargebacks for valid membership fees or other charges authorized under this Agreement, except in cases of verified fraud not committed by the Gym. Valid charges include but are not limited to monthly fees, annual fees, enrollment fees, maintenance fees, or fees for personal training or other services provided by the Gym.  In the event the Client disputes a charge and initiates a chargeback, the Gym will have the opportunity to present evidence to the Client's credit card issuer showing the charge was valid under the terms of this Agreement.

If the credit card issuer approves the chargeback despite the Gym's evidence, the Client agrees to reimburse the Gym for the amount of the chargeback within 30 days of request for reimbursement. Acceptable forms of reimbursement include cash, certified check, or money order. 

The Client agrees not to initiate chargebacks in bad faith as a means of avoiding or delaying payment owed to the Gym under this Agreement. Doing so constitutes a material breach of contract. In the event of a material breach, the Gym may immediately suspend or terminate Client access and pursue reimbursement for any losses.

This chargeback policy is intended to protect the Gym against losses from fraudulent or abusive chargeback practices while preserving the Client's rights in cases of a legitimate billing dispute. The Gym will make every effort to resolve any chargeback issues amicably and in good faith.

12. This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement.  The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.

13. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

14. If any provision of this Agreement is held to be invalid, illegal, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.  The invalid or unenforceable provision shall be replaced with a valid and enforceable provision which achieves, to the greatest extent possible, the economic, legal and commercial objectives of the invalid or unenforceable provision.  The invalidity or unenforceability of any provision in this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.  If any part of this Severability clause is deemed invalid or unenforceable, the remainder of the clause will continue in effect and be construed in accordance with its terms as if the invalid or unenforceable part was not contained herein.

15. Any dispute arising out of or relating to this Agreement, or the breach thereof, shall be resolved through litigation in a court of competent jurisdiction.  The parties agree to submit to the personal jurisdiction and venue of the federal and state courts located in Hillsboro County, Florida for resolution of any disputes arising out of this Agreement.  In any action or proceeding to enforce the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred, in addition to any other relief awarded.  The parties hereby waive any right to a trial by jury in any litigation arising out of or relating to this Agreement.  The parties agree that any claim or dispute subject to this dispute resolution provision must be brought within one (1) year after the claim or dispute arises or it is barred.  This dispute resolution procedure shall be the exclusive means of resolving disputes arising out of or relating to this Agreement. Its terms shall survive termination of the Agreement.

16. Client has read, and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement Client has given up considerable future legal rights. Client has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her.

17. Certain laws and regulations may require the Gym to provide Clients with written notices and disclosures on paper.  With Client’s consent, this information may be provided to Client electronically. Clients’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that the Gym may provide Client. Clients’s consent to receive the Documents electronically shall continue until expressly withdrawn by Client. Notwithstanding, Client may request a paper copy of all electronic Documents by contacting the Gym and requesting a paper copy. Client may withdraw its consent at any time by notifying the Gym. Upon withdrawing consent, Client shall no longer receive the Documents electronically. Client acknowledges that withdrawing consent may result in additional fees for Client’s receipt of the Documents. Client agrees to maintain a valid email address with the Gym, and to promptly notify the Gym of any changes to Client’s email address. If Client has provided another type of electronic contact information, such as a phone number, then Client may change that contact information by contacting the Gym. To access, view and receive the Documents electronically, Client agrees and acknowledges that it must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Client’s electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Client desires to print any electronic Documents. Client acknowledges that it may also need a certain brand or device that can support applications intended for Client’s electronic mobile devices, tablets and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Client to access the Documents electronically, then the Gym will notify Client following such material modification. By accepting the terms of this Agreement, Client does hereby agree to the terms and conditions of this paragraph and consents to the same. Client does also confirm that Client has the software and hardware described above, that Client has the means necessary to access, view and receive the Documents electronically, and that Client has provided a valid and active email address to the Gym.

Client is entitled to the penalty-free cancellation of this contract within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the Gym, and refund upon such notice of all monies paid under the contract, except that the Gym may retain an amount computed by dividing the number of complete days in the contract term, or if appropriate, the number of occasions Gym 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 Gym services have been rendered. A refund shall be issued within thirty (30) days after receipt of the notice of cancellation.

Client is entitled to the cancellation and refund of the contract if the contracting business location of the Gym 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.

Client’s notice of his/her intent to cancel shall be given in writing to the Gym. And that such a notice of cancellation shall also terminate automatically the consumer's obligation to any entity to whom the Gym has subrogated or assigned the consumer's contract. If the Gym wishes to enforce such contract after receipt of the notice, it may request the department to determine the sufficiency of the notice.

If the department determines that a refund is due the Client, 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 Gym 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.

Client is advised to contact the Florida Department of Agriculture & Consumer Services for information within 60 days should the Gym go out of business.

The contract may be canceled if the Client 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 Client or the Client’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 Gym 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.

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 LAWTO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.  

The initial term of this contract may not exceed 36 months and thereafter shall only be renewable annually.  Such renewal contracts may not be executed or paid for until 60 days or less before the preceding contract expires.  If we require you to furnish identification prior to entry to the facility and as a condition of using the services of the Gym, we shall provide you the means of such identification. 

In witness whereof, I understand my rights and obligations as stated above. I confirm that I am a legal adult (unless otherwise indicated below) and that I have read and understand this Agreement and I am aware that by signing this Agreement I am agreeing to all of the terms outlined above.  I have executed this Agreement and the above terms, as of this date, and acknowledge receiving a copy of this signed Agreement.

Date:  {sign_date}

PARENT OR GUARDIAN IF CLIENT IS UNDER AGE 18:

(Printed Name of Parent or Guardian)