1. Should Member select the Monthly Draft Payment option, Member agrees to pay the then-current monthly Membership Fee, plus applicable taxes, each month thereafter through automatic withdrawals from an account maintained by Member in a financial institution, pursuant to a debit authorization form signed by Member. Additionally, Member shall pay with this Agreement, an initiation fee of Thirty Dollars ($30.00).

Members are 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 health studio, and refund upon such notice of all monies paid under the contract, except that the health 24Fitness Elite LLC may retain an amount computed by dividing the number of complete days in the contract term, or if appropriate, the number of occasions 24Fitness Elite LLC 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 24Fitness Elite LLC 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 24Fitness Elite LLC 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 24Fitness Elite LLC. And that such a notice of cancellation shall also terminate automatically the consumer's obligation to any entity to whom the 24Fitness Elite LLC has subrogated or assigned the consumer's contract. If the 24Fitness Elite LLC wishes to enforce such contract after receipt of the notice, it may request the department to determine the sufficiency of the notice.

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 24Fitness Elite LLC 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 24Fitness Elite LLC 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 24Fitness Elite LLC 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 24Fitness Elite LLC 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 24Fitness Elite LLC sells SESSIONS in this manner (7a) then the contract must ALSO indicate: “All sessions must be used within 30 days.”

8. If 24Fitness Elite LLC requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, 24Fitness Elite LLC will provide the buyer with the means of such identification.

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 ANDMAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. 24FITNESS ELITE LLC IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTION PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.

TERM. All memberships of 24Fitness Elite Gym are either month-to-month, Quarterly, every six-month or annual (when paid in full), and payments are due in advance. Automatic drafts will not be cancelled without thirty (30) days’ written notice, either by certified mail, hand delivery to the management of 24Fitness Elite Gym, or by electronic means (i.e., email). No refunds will apply.

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 he buyer.

DEFAULT/REMEDIES. Any monthly payment received more than ten (10) days after the due date shall be subject to a late charge of ten percent (10%) of the amount due or Twenty Dollars ($20.00), whichever is greater.

MEMBERSHIP ACCESS. Member will be issued an access Key fob, which will entitle Member to enter the premises and enjoy the use and benefit of the facilities of 24Fitness Elite Gym (collectively, the "Facility"). Member agrees not to allow any other person(s) access to the Facility using Member's access key fob, and Member will not allow anyone to enter the Facility along with Member. Members agree to safeguard the identity of the access key fob. Should Member violate any conditions of Membership Access, the membership may be revoked with no refund, and criminal prosecution may be applicable.

FACILITY AND HOURS OF OPERATION. The Facility is an unmanned fitness center and, with the exception of any closures for maintenance or any mandatory shutdowns by property management or any governmental authority, is open twenty-four (24) hours, three hundred sixty-five (365) days a year.

RELEASE AND WAIVER OF LIABILITY. Members recognize that there are hazards and risks connected with physical fitness training. These risks include, but are not limited to, abnormal blood pressure, fainting, heart disorders and heart attack, dehydration, heat exhaustion, sprains, muscle strain, blisters, stress fracture, shin splints, tendonitis, cartilage tears, bursitis, back pain and bruising of joints. Exercise beyond one's physical limits and/or accidents involving exercise equipment may result in serious injury or even death. Member agrees to defend, indemnify and hold harmless 24Fitness Elite Gym against any loss, damage or expense incurred by reason of any claim or liability based upon personal injury (including death) or property damage arising out of the negligent or intentional action of Member. Member further agrees to release 24Fitness Elite Gym and its owners, officer, agents, employees and/or affiliates from any and all liability arising out of injury to Member, and further agrees to defend, indemnify and hold 24Fitness Elite Gym its owners, officers, employees and/or affiliates free and harmless from against the same. Member acknowledges that surveillance cameras are in use for the protection of the Facility, its equipment and its members. Members hereby consent to being photographed and/or recorded for such purposes.

RULES AND REGULATIONS. Member acknowledges that 24Fitness Elite Gym operates under rules and regulations established for the safety and protection of its members, and agrees to be bound by such rules and regulations, as well by the rules and regulations subsequently approved and posted or otherwise published by 24Fitness Elite Gym. Such rules and regulations in effect from time to time are incorporated into this Agreement by reference. Facilities, equipment, hours, service, regulations and policies are subject to change from time to time, without prior notice, in the sole discretion of 24Fitness Elite Gym. Member agrees to accept such reasonable change(s) as a condition of membership. Member additionally recognizes:

a. Under no circumstances shall Member move exercise equipment or use the equipment in any

manner not authorized by 24Fitness Elite Gym.
b.             All equipment shall be wiped down by Member after each use, with the supplies provided by 24Fitness Elite Gym.
c.             This membership is for Member, and Member only, and Member will not give access to another individual.
d.             Member will not misuse the equipment.
e.             All members must be at least eighteen (18) years of age, unless otherwise authorized by 24Fitness Elite Gym.
f.              Members shall conduct themselves in a quiet, well-mannered fashion so as not to cause any disturbance which may interfere with the use and enjoyment of the Facility by any other member. Profanity or indecent language and/or behavior will not be tolerated. Any conduct deemed by24Fitness Elite Gym, in its sole discretion, to be offensive, potentially harmful, dangerous or abusive will not be tolerated, and shall be grounds for termination of Member's membership by 24Fitness Elite Gym.
g.             24Fitness Elite Gym shall not be responsible for any lost or stolen items.

h. Member should not occupy any equipment for an extended period of time. Member should allow others waiting to use such equipment to work into their rotation.

i. The climate of the Facility is controlled by 24Fitness Elite Gym and is set to provide the optimum exercise environment for the majority of its members. Members shall not change or seek to change any environmental controls and shall never prop open any doors or windows to the Facility for any purpose.

PROHIBITED ACTIVITIES. Alcohol, drugs (including steroids), and smoking are prohibited within the Facility. Member agrees not to use the Facility or engage in any activity at 24Fitness Elite Gym while under the influence of drugs, alcohol, or medication that may impair Member's ability to operate the equipment. No weapons of any kind are allowed. No photography, videotaping, filming or audio recording is permitted within the Facility without the express written consent of 24Fitness Elite Gym’s management. 24Fitness Elite Gym reserves the right, in its sole discretion, to limit the consumption of food or beverages, or to the use of outside equipment within the Facility. Gambling or gaming is prohibited within the Facility or on the premises.

DRESS/TOWEL POLICY. 24Fitness Elite Gym requires that members wear appropriate clothing and footwear while in the Facility. Appropriate clothing includes gym shorts, T-shirts, jogging suits, aerobic wear and sweat outfits. Street clothing and jeans are not considered appropriate clothing. Street shoes and black-soled shoes are prohibited within the Facility. Member agrees to have a cloth towel during workouts to protect and clean the equipment after Member's use.

MEMBERSHIP TYPES. 24Fitness Elite Gym offers either a full access membership (which allow access at all times 24/7) Not including potential classes added in the future provided by 24Fitness Elite Gym.

This Membership Agreement is: □24hour Gym Access

COUNTERPARTS. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.

HEADINGS. The headings in this Agreement are inserted for convenience only and shall not constitute a part of this Agreement.

BINDING EFFECT. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns.

ENTIRE AGREEMENT. This Agreement, including the schedules, lists and other documents referred to in this Agreement which form a part of this Agreement, embody the entire agreement and understanding of the parties with respect to the subject matter contained in this Agreement. There are no restrictions, promises, warranties, covenants or undertakings, other than those set forth or referred to in this Agreement. This Agreement supersedes all prior agreements and understandings between the parties with respect to each subject matter.

GOVERNING LAW. This Agreement, and all documents mentioned herein by reference, shall be governed by the laws of the State of Florida.

FURTHER ASSURANCES. The parties agree to execute such further documents as may be necessary, proper or convenient, for the purpose of fully effectuating the terms and conditions of this Agreement.

SUSPENSION AND TERMINATION. I understand that 24Fitness Elite Gym may suspend or terminate my membership at any time, in it sole and absolute discretion, for non-payment of Membership Fees or for violation of any of 24Fitness Elite Gym’s policies and procedures, and that in so doing, 24Fitness Elite Gym assumes no further liability to adhere to the terms of this Agreement.

ACCEPTANCE OF TERMS. As a Member, I understand that I am entitled to use the Facility within the scope of the membership that I have selected, and that I am obligated to pay my dues and fees regardless of whether or not I use the Facility. I agree to promptly update 24Fitness Elite Gym of any change in my contact information (including address, telephone number or email address) or change in credit information.