THREE-DAY RIGHT OF RESCISSION - This contract provides for the penalty-free cancellation of the 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 moneys 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 thirty (30) days after receipt of the notice of cancellation made within the 3-day provision. [s. 501.017(1)(a), F.S.]
THIS CONTRACT PROVIDES that notice of intent to cancel by the buyer shall be given in writing to the health studio. The notice of cancellation from the consumer terminates 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 the contract 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.]
SUSPENSION/TERMINATION OF MEMBERSHIP BY TRUE FITNESS 365 - True Fitness 365 has the right to suspend and/or terminate any membership for non-payment of dues, fees, or for behavior inimical to the enjoyment of the True Fitness 365 facilities by other members and staff for any reason deemed sufficient in the sole discretion of True Fitness 365. If True Fitness 365 becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, True Fitness 365 will extend the Member’s membership privileges for the period the facilities were unavailable.
ADDITIONAL CANCELATION/TERMINATION TERMS a. If True Fitness 365 goes out of business or relocates more than 5 miles from the current address (above), Member is entitled to cancel the Agreement and receive a refund for any unused portion of the Term. The Member should contact the Department of Agricultural and Consumer Services for information within 60 days should True Fitness 365 go out of business. b. If a refund is due to Member, the refund shall be computed by dividing the contract price by the number of weeks in the membership term and multiplying the result by the number of weeks remaining in the membership term. The business location of True Fitness 365 shall not be deemed out of business when temporarily closed for repair and renovation of the premises: i. Upon sale, for not more than 14 consecutive days; or ii. During True Fitness 365’s current ownership, for not more than 7 consecutive days and not more than 2 periods of 7 consecutive days in one calendar year. iii. A refund shall be issued within 30 days after receipt of the notice of cancellation. c. This contract provides for the cancellation of the contract if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which the buyer 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 contract may require a buyer or the buyer’s estate seeking relief under this paragraph to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer is 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 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.].
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 THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. TRUE FITNESS 365 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.
THIS CONTRACT PROVIDES that the initial contract will not be for a period in excess of thirtysix (36) months, and thereafter shall only be renewable annually. A renewal contract may not be executed, and the fee therefore paid until sixty (60) days or less before the previous contract expires. [s. 501.017(1)(e), F.S.] a. If this studio sells a single contract for thirty (30) days or less, without any option or other condition which establishes any right or obligation of a member beyond the thirty (30) day period then this provision should read as follows: The initial contract will not be for a period in excess of thirty (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 then the contract must ALSO indicate that ALL sessions must be used within thirty (30) days. 9. THE CONTRACT PROVIDES that 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 shall provide the buyer with the means of such identification. [s. 501.017(1)(f), F.S.