terms and conditions

 

 

 

***Your use of this website, and the gym as per described on this terms, not limited to booking of services, purchase of services, and or purchase of products,  constitutes your express agreement with these terms and conditions.***

Agreement Terms

 

The Standard Memberships advertised on this website or as a Miami Strength Club promotion require a three-month minimum commitment (unless otherwise noted as part of a promotion). After that first three months, six, or twelve-month term of your membership, the membership auto-renews for the same terms, unless you have requested to modify your terms.  You will continue to pay your contracted amount each month on the same day each month until you formally cancel in writing according to the terms of this Agreement.

There are services sold separately,  and these are neither included with any other plan option nor bundled with any other services.

 

Promotion Terms Exceptions

 

2021 New Year’s Promotion: Standard terms apply.

 

In General

 

Strength Syndicate Corp DBA Miami Strength Club owns and operates this Website and Our Training Facility (“Gym”) located on 13499 Biscayne Blvd Suite 103. North Miami, FL 33181.  This document governs your relationship with Miami Strength Club  (“Website” and “Gym” ). Access to, and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website and Gym is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website or the Gym is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website or Gym.

This Website may contain links to other websites (the "Linked Sites"), which are not operated by Miami Strength Club. Miami Strength Club has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

Prohibitions

 

You must not misuse this Website or the Gym. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Miami Strength Club will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software, and Content

 

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Miami Strength Club or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Miami Strength Club and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

 

Memberships

Monthly Renewal Agreements are for a minimum of twelve (12) months and Renew automatically each anniversary date to a month to month period unless  Miami Strength Club receives a Notice to Cancel, sent via certified mail, return receipt required, postmarked at least 30 days prior to the anniversary date. The balance of the remaining months until the anniversary date shall be due and payable upon cancellation. All annual renewals MUST BE IN FULL (60) days prior to the month of expiration. Member understands that  Miami Strength Club may charge an additional 18% per annual interest charge and accelerate all future payments due at any payment is not paid by its due date. Member will be responsible to pay  Miami Strength Club attorney fees if  Miami Strength Club retains such, for any reason whatsoever, pertaining to this Agreement.

 

Terms of Sale

By placing an order, you are offering to purchase a service or product, and you are subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

 

In order to contract with Miami Strength Club, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Miami Strength Club retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party with which you have contracted with. This will usually be Miami Strength Club or may in some cases be a third party. Where a contract is made with a third party Miami Strength Club is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

 

(a) Our Contract

When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost.'

 

(c) Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. When paying in person, or paying invoices due to Miami Strength Club, we may utilize merchant processing that charges the purchaser for the convenience of paying online. Be advised, you may be charged no less than a 4% convenience fee when paying for invoices and products. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

 

(d) Recurring Payments

When you sign up for services that require contracts or month to month, you will be required to authorize automatic payments with a credit card or a bank account ACH payment. Payments must be paid by the due date, as per terms.

 

(e) Fees

A 4% Convenience fee is added to all transactions when the customer chooses to pay using Cash App, PayPal, and other non-EFT or ACH money transfer methods which charge our business a fee for receiving your payment.   Late fees for services and products may apply. A fee of $15 for late membership payment shall apply. A $35.00 fee for the returned check will be reflected immediately in your new balance.

 

(f) Refunds and Returns

All Sales are final. Returns are eligible under certain conditions.

 

(g) Booking Classes and Requesting Appointments

I (the purchaser in this contract) understand that I am purchasing access to services when these are available and as per the service schedule. I understand that I am not entitled to receive service if I arrive late, whether lateness is for a reasonable cause or for no reason at all. Staff and Miami Strength Club studio operations are subject to the schedule, and staff availability. I also understand that I must use the reservation system for classes, and only those in the reservation list, for the particular class on the schedule are guaranteed service upon timely arrival, and as per these terms. Showing up without a reservation may result in staff not being available. No shows are considered as used classes. Miami Strength club reserves exclusive unilateral jurisdiction to deny make-up classes for members and clients who abuse our try to exploit our systems.

(h) 24-hour access codes

Miami strength Club issues unique access codes to those who purchase 24-hour access to the gym. As an access code holder, you are explicitly prohibited from sharing your code with anyone. You may not share your code outside of those who are tied to the membership (such as a household membership). Our entry systems log and control access events. All instances of members sharing their code, willfully or by negligence, that results in unauthorized persons trespassing our premises, shall be construed as a breach of these terms, and the client will be liable for fees, loss, criminal and civil charges as per applicable law.

(i) Gym Guests

All Guests must be pre-approved by management, and can only participate in inactivity after filling all required forms. Guest are allowed from time to time. A single guest at a time is allowed per member. Individuals invited as guests by members in good standing can enjoy no more than 4 free visits per calendar year, regardless of being invited by mutual friends.  As a 24-hour membership holder, you claim responsibility for the costs of your guests. Your account will be charged and debited for any and all guests, and the cost of hosting them if you bring guests outside of these terms. The gym and the staff reserves the exclusive right to refuse a guest, for causes known or unknown to the member.

(j) Gym Monitoring

Our entry systems log and control access events. Miami Strength Club records video, and audio, and surveils activity 24 hours, 7 days per week. Instances of members sharing their code, willfully or by negligence shall be construed as a breach of these Terms and Conditions. The client whose code is assigned to may be liable for fees, loss, damage to property, including but not limited to criminal and civil charges as per applicable laws.

 

Unauthorized Persons entering our premises with a code who are not members are trespassing.  Trespassers will be asked to leave immediately. Membership holders are not grantors of access. Only gym management directors grant access, provided the guests adhere to these Terms and Conditions. 

(k) Gym Music

Members are encouraged to use their own headset devices to amuse themselves during workouts. A self-service Bluetooth speaker may be provided, but this is not part of your membership, but rather a convenience to our staff. The speaker may, or may not be available at any point. Members or guests have no jurisdiction to raise the volume of the music. Staff will with or without notice regulate the volumes and levels of music.  Music outside of the class schedule is a non-guaranteed convenience of your membership.

 

(l) Prepaying for services at the gym

SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN 1 MONTH IN ADVANCE AS PER THIS AGREEMENT, 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.

 

Disclaimer of Liability

 

The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Miami Strength Club and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Miami Strength Club's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

 

Linking to this Website

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

Disclaimer as to ownership of trademarks, images of personalities, and third party copyright

 

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked, or affiliated with Miami Strength Club and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Miami Strength Club.

 

Indemnity

 

You agree to indemnify, defend and hold harmless Miami Strength Club, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

 

Variation

 

Miami Strength Club shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website and the Gym.

 

Invalidity

 

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected, all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

Complaints

 

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

 

Waiver

 

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

*The Membership Service and Release of Liability Agreement (the "Agreement") is between Strength Syndicate Corp DBA Miami Strength Club ("Miami Strength Club")  and you, the Client (Individually, if you are the Client, and/or as agents or guardian of the Client). It is agreed between Miami Strength Club and the Client that the Client is purchasing, for the benefit of the Client, an online fitness program or Services and Memberships, from Miami Strength Club according to the terms of this Service Agreement.

 

EFT Request and ACH Authorizations: Client hereby authorizes Miami Strength Club or its assigns to make periodic charges or withdrawals (“EFT Request and ACH Authorizations”) from the account used to pay the initial payment described above, or replacement account designated by Client and accepted by Miami Strength Club for payment of any and all fees, late charges, costs, expenses or any other monies due to Miami Strength Club under the terms and conditions of this Agreement. Client understands that Client is entitled to notice of all varying charges and withdrawals under the EFT Request and ACH Authorizations, but Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. The client may change the account designated herein upon 7 days’ written notice to, and approved by, Miami Strength Club. The client may timely notify the financial institution in control of the Client’s account to terminate this Request, but such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to the extent permitted by law.

Payments received more than ten (7) days after the due date are assessed a late fee of fifteen dollars.

 

*After the initial agreement is over Client's contract will be automatically renewed on a month-to-month basis and payments will continue until Client cancels membership in writing via email to membership@miamistrengthclub.com with 30 days’ notice and completes a short exit survey. It is further understood that auto-pays will continue to be withdrawn until the client requests the cessation of such debits, in writing, via email to membership@miamistrengthclub.com regardless of the duration of the membership agreement.

 

WAIVER AND RELEASE

I hereby enter into the following agreement with Strength Syndicate Corp DBA Miami Strength Club (principal place of business in Florida), as well as its members, officers, employees, agents, and representatives (individually and collectively, “Miami Strength Club”), as a condition of receiving and using Miami Strength Club’s online fitness and performance programming services.

  1. I acknowledge and fully understand that Miami Strength Club will endeavor to provide the most effective principles to help achieve my fitness, performance, and personal goals, but that Miami Strength Club cannot guarantee that any services, products, programs, methods, workouts, recommendations, or routines will be safe, effective or suitable for everyone. All such products and services, programs, techniques, recommendations, and materials embodied in such products and services are offered without warranties or guarantees of any kind, express or implied, including, but not limited to, warranties of safety or fitness for any particular purpose. Further, I hereby waive, release, and discharge  Miami Strength Club, and all of their members, officers, employees, agents, and representatives from any and all liability from death, injuries or damages arising from, or in any way connected with, use of its services, products, programs, methods, workouts, recommendations, or routines, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Miami Strength Club, no matter where those injuries occur.
     

  2. I acknowledge and fully understand that any fitness or exercise activities, and the use of training and fitness equipment and machinery, involve risks of serious injury, permanent disability, or death, even if done correctly and with the utmost attention to safety. These risks include, but are not limited to, fainting; broken bones; strained or torn muscles; torn or strained ligaments, tendons, and other connective tissues; herniated discs and other spinal injuries; cardiovascular or cerebrovascular events, including heart attack or stroke; conditions related to overexertion, including heatstroke/exhaustion or rhabdomyolysis; or damage to the nervous system, including irreversible damage to the brain or spinal cord. I further acknowledge and fully understand that participation in any fitness or exercise activities could aggravate a pre-existing condition, whether known or unknown, and that there may be other risks associated with my participation in fitness or exercise activities that are not known or not reasonably foreseeable at this time. I hereby acknowledge and accept the foregoing risks and dangers. Further, I hereby waive, release, and discharge Miami Strength Club from any and all liability from death, injuries, or damages arising from, or in any way connected with, Miami Strength Club’s fitness and performance programming services; Miami Strength Club’s instruction, programming, advice or recommendations; the use of any exercises, routines, equipment or machinery, whether or not they were recommended by Miami Strength Club; or my engagement in any fitness or exercise activities, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Miami Strength Club, no matter where those injuries occur.
     

  3. I acknowledge and understand that while some members, officers, employees, agents, and representatives of Miami Strength Club may be licensed dietitians or physicians, I acknowledge and agree that any information, guidelines, or advice provided by Miami Strength Club are not intended to constitute and shall not be construed as dietetic or medical advice, as a treatment for any general or particular medical or physiological condition or pathology, or as a means of improving or bettering health outcomes, and that they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or suitability for a particular purpose.
     

  4. I understand that a physician’s approval is highly recommended prior to participating in any type of fitness or exercise activity, and I hereby represent that I have either obtained a signed approval from my physician or that I acknowledge the risks inherent in such activities but have elected to engage in said activities without seeking prior approval by a physician.
     

  5. If a court of competent jurisdiction, or any other legal authority or governmental agency, declares any provision of this Agreement invalid, such invalidation shall not affect the remaining provisions of this agreement, which shall remain in full force and effect. If any sentence, clause, phrase, or term of any section of this agreement is deemed invalid, the remainder of that section shall remain in full force and effect.
     

  6. Any suit brought under this agreement, or in relation to any programming, consultation or services provided under this agreement, shall be brought in the Eleventh Judicial Circuit Court of the State of Florida, and both parties irrevocably consent to venue and jurisdiction in that court. This agreement shall be governed by Florida law, irrespective of any choice-of-law principles. The parties’ legal rights and obligations relating to this agreement and relating to the programming and services provided under this agreement shall be governed by Florida law, irrespective of any choice-of-law principles. This agreement shall be deemed to have been agreed to and executed in Florida.
     

  7. I hereby give permission to Miami Strength Club and any of its employees, contractors, coaches, or representatives to use my name and photographic/video likeness in all forms and media for advertising, exposition displays, trade, and any other lawful purposes.

  8. I hereby agree, represent, and warrant that neither myself (the purchaser) nor such participating children shall visit or utilize the facilities, services, and programs of Miami Strength Club if he or she (i) experiences symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19. The undersigned agrees to notify the Miami Strength Club immediately if he or she believes that any of the foregoing access/use restrictions may apply.

    • The novel coronavirus, 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.

    • Miami Strength Club ("the Club") has put in place preventative measures to reduce the spread of COVID-19; however, the Club cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the Club could increase your risk and your child(ren) 's risk of contracting COVID-19.

    • By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the Club and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Club may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Club employees, volunteers, and program participants and their families.

    • I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren) 's attendance at the Club or participation in Club programming ("Claims"). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Club, 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. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Club program.

  9. I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ADHERE TO ALL ITS PRECEPTS. Any questions that I may have had relating to anything in this agreement have been answered to my satisfaction. This document encompasses the entire agreement of the parties and supersedes all prior oral and written representations between the parties if any.
     

DISCLAIMER:

 

Miami Strength Club,  and all of their members, officers, employees, agents, and representatives are not offering dietetics advice, and are not offering advice intended as dietary means of improving health or providing medical advice.

 

The information contained on www.miamistrengthclub.com  website or disseminated at the Gym in any form is for general information purposes only. Strength Syndicate Corp DBA Miami Strength Club assumes no responsibility for errors or omissions in the contents of the information contained on www.miamistrengthclub.com, or information disseminated at the Gym..

 

In no event shall Miami Strength Club be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other torts, arising out of or in connection with the use of the Service or the contents of the Service. Miami Strength Club reserves the right to make additions, deletions, or modifications to the contents of the Service at any time without prior notice.

 

Miami Strength Club does not warrant that the www.miamistrengthclub.com is free of viruses or other harmful components.

 

Affiliate disclaimer

 

This affiliate disclosure details the affiliate relationships of Strength Syndicate Corp DBA Miami Strength Club with other companies and products.

 

Some of the links are "affiliate links," a link with a special tracking code. This means if you click on an affiliate link and purchase the item, we will receive an affiliate commission.

The price of the item is the same whether it is an affiliate link or not. Regardless, we only recommend products or services we believe will add value to our readers.

By using the affiliate links, you are helping support the Service, and we genuinely appreciate your support.

 

External links disclaimer

 

www.miamictrengthclub.com  website may contain links to external websites that are not provided or maintained by or in any way affiliated with Strength Syndicate Corp DBA Miami Strength Club. Please note that Miami Strength Club does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

 

Entire Agreement

 

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Miami Strength Club. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Miami Strength Club.

 

 

Signature: ___________________________________________________Date: ____________

 

Printed Name: _________________________________________________________________

 

Signing on behalf of a minor for whom you are legal Parent or Guardian

 

Name of the Minor______________________________________________________________

 

I _________________________Parent /legal Guardian for the Minor named above, understand that all terms & conditions of this agreement apply and shall be enforceable.

 

Signature Parent/Guardian: ______________________________________Date: ____________

 

Printed Name: _________________________________________________________________

Updated: December 17, 2020