We Are Open! Check out our full class schedule and book through our site or app.

We Are Open! Check out our full class schedule and book through our site or app.

terms and conditions

The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of sex or marital status. The agency that administers compliance with the law is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.
 
Owner: Concep 360 LLC whose address and principal place of business is: 9469 South Dixie Hwy, Pinecrest FL 33156

Membership Privileges, Notices, Disclosures & Agreements (collectively, the “Agreement” or “Membership Agreement”)
0 MONTH TO MONTH AGREEMENT; CONSENT TO AUTO RENEWAL: I UNDERSTAND THAT MY MEMBERSHIP WILL CONTINUE TO AUTOMATICALLY RENEW MONTHLY UNTIL I PROPERLY CANCEL, WHICH REQUIRES 30 DAYS WRITTEN NOTICE, WHICH CAN BE PROVIDED AS FOLLOWS: (1) IN PERSON AT THE CLUB, (2) VIA MAIL TO THE CLUB’S MAILING ADDRESS OR (3) SOLELY FOR MEMBERS THAT SIGNED UP FOR MEMBERSHIP ONLINE, CANCELLATION CAN BE PROCESSED ONLINE AT www.Concep360Fitness.com, IN EACH CASE AFTER THE FIRST 30 DAYS OF MEMBERSHIP IS COMPLETED. PLEASE NOTE THE MINIMUM INITIAL TERM OF A MONTH TO MONTH MEMBERSHIP IS 60 DaysI agree to make the monthly scheduled payments according to the terms set forth in this Agreement.

Member understands and agrees that month to month memberships auto renew monthly until properly cancelled (as set forth above) .


DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this Agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this Agreement is more than ten days late. A service fee of $30.00 will be charged immediately for any credit card, or order returned or any reason. Should any membership payment become more than 30 days past due, Concep 360 LLC reserves the right to terminate membership at our discretion.
Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase or decrease during your membership, the club has the right to increase or decrease, as applicable, your monthly membership dues by the amount of such increase or decrease. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any change in the sales tax rate.
NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUN- DER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
Concep 360 LLC is registered with the State of Florida as a Health Studio. Registration No. is HS16098.
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REQUEST FOR PREAUTHORIZED PAYMENT
We hereby request the privilege of paying to Concep 360 LLC (the “Company” or “Club” or “CONCEP 360 FITNESS”) and further authorize the Company to draw items (charge card) for the purpose of paying said payments, including any late fees or service fees.
Subject to the following conditions:
The items outlined in your Membership Agreement (monthly dues, annual fees, etc.) shall be drawn on or about the date or date set forth in the membership agreement. By signing below, you authorize the company to draft set amounts from card identified herein. The transactions on your bank, debit, or credit card statement shall constitute receipts for payment on your account.
One Time Transfers: when you provide a check as payment you authorize the company either to use information from your check to make a one-time EFT from your account or to process the payment as a check transaction. When the company uses information from your check to make an electronic funds transfer, funds may be withdrawn from your account as soon as today's date.
If the regular payments set forth in the Membership Agreement should vary an amount, you are entitled to notice at least 10 days before each payment of when it will be made and how much it will be. However, by executing this precaution, you choose to instead get this notice only when the payment would differ by more than $50 from the most recent payment you have made.
If this pre-authorization payment arrangement is revoked for any reason this does not release you from your obligation under your membership agreement.
If any payment is not paid upon presentation to your bank or credit Dash debit card Company for any reason, a service fee will be assessed and drafted. A late fee will be assessed and drafted should any monthly payment become past due.
By executing this EFT agreement you authorize the Club and Club’s agents including its third party payment processing companies, i.e. the “clubs agents, to store the account provided by you on or in relation to this EFT agreement and dash or your club Membership Agreement, as well as any other account or card information provided by you through any means to the Club or clubs agents (including information provided in person, online or over the phone) for the purposes of making any payment in relation to this EFT agreement and/or your Membership Agreement (hereinafter, "payment information”). Club and or clubs agents will use the stored payment information to process payment of all dues, fees, taxes, purchases and incidental charges that are due will become due, including all items on the payment schedule, fees identified in your Membership Agreement, membership related obligations, retail transactions, personal training purchases, group exercise purchases, or other purchases. Club and dash or clubs agents may use to store payment information to process payments owed in relation to all subsequent agreements entered between you and Club fix dates or intervals on which transactions will be processed and the transaction amounts including all associated fees, taxes, and charges ( and or a description of how they will be calculated or more specifically set forth in the payment schedule and other terms of your Membership Agreement. If your Membership Agreement will automatically renew at the end of the term defined therein, the stored payment information will be used to process payments owed in relation to the renewal term. This consent to store payment information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in your Membership Agreement will apply to this consent. If any changes are made to the terms of this consent, an email notifying you of such changes will be sent to the email address provided by you on the face of your Membership Agreement or, if an email is not provided, notice will be sent to the mailing address provided on your Membership Agreement.
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SECTION 1: CONSUMER RIGHTS IN FLORIDA
1.1 This contract may be canceled within three (3) business days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the fitness 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 fitness studio services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation made within the 3-day provision.
1.2 This contract may be canceled if the contracting business location of the fitness studio goes out of business, or moves its facilities more than 5 driving miles from the business location designated in such contract and fails to provide, within 30 days, a facility of equal quality located within 5 driving miles of the business location designated in such contract at no additional cost to the buyer.
1.3 Notice of intent to cancel by the buyer shall be given in writing to the fitness studio. Such a notice of cancellation from the consumer shall also automatically terminate the consumer’s obligation to any entity to whom the fitness studio has subrogated or assigned the consumer’s contract.
1.4 If the studio determines that a refund is due the member, the refund shall be an amount computed by dividing the membership price by the number of weeks in the remaining billing period.
1.5 Contact the Department of Agriculture and Consumer Services for information within 60 days should the fitness studio go out of business.
1.6 This contract may be canceled 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 membership price by the number of weeks in the billing cycle and multiplying the result by the number of weeks remaining. Buyer or the buyer’s estate seeking relief under this paragraph must 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 health studio a certification of such disability by a physician licensed under chapter 458, chapter 459, chapter 460, or chapter 461 to the extent the diagnosis or treatment of the disability is within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.
1.7 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.
1.8 SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN 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 LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.
SECTION 2: RELEASE OF LIABILITY; ASSUMPTION OF RISK
USING THE FACILITIES OWNED OR OPERATED BY CONCEP 360 LLC (INCLUDING, WITHOUT LIMITATION, BOTH INDOOR AND ANY POTENTIAL OUTDOOR AREAS SPECIFIED FOR FITNESS ACTIVITIES BY CONCEP 360 FITNESS ), INVOLVES THE RISK OF INJURY TO YOU OR YOUR GUEST, WHETHER YOU OR SOMEONE ELSE CAUSES IT. SPECIFIC RISKS VARY FROM ONE ACTIVITY TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES TO MAJOR INJURIES, SUCH AS CATASTROPHIC INJURIES INCLUDING DEATH. IN CONSIDERATION OF YOUR PARTICIPATION IN THE ACTIVITIES OFFERED BY CONCEP 360 LLC, INCLUDING THE GENERAL USE OF THE FACILITIES INCLUDING, WITHOUT LIMITATION, THE EQUIPMENT (WHETHER ON YOUR OWN, WITH A CONCEP 360 FITNESS EMPLOYEE AND/OR IN A GROUP FITNESS CLASS) AND/OR OTHER SPECIALIZED VENUES AND/OR EQUIPMENT THAT MAY BE LOCATED WITHIN THE FACILITIES AS WELL AS CRYOTHERAPY, MASSAGE AND PERCUSSION THERAPY AND OTHER FORMS OF PHYSICAL THERAPY, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS RISK AND RELEASE THE STUDIO OWNER, CONCEP 360 LLC, THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS AND INDEPENDENT CONTRACTORS THEREOF (THE “RELEASEES”), FROM LIABILITY FOR INJURY, INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY, OR MENTAL INJURY, ECONOMIC LOSS, OR ANY DAMAGE TO YOU, YOUR SPOUSE, GUESTS, UNBORN CHILD, OR RELATIVES, RESULTING FROM YOUR USE OF CONCEP 360 FITNESS FACILITIES, INCLUDING ANY INJURY RELATING TO THE ORDINARY NEGLIGENCE, ACTUAL OR PASSIVE, WHETHER RELATED TO EXERCISE OR NOT. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY THE RELEASEES FROM ALL LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS’ FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS BROUGHT BY YOU, YOUR GUESTS, OR MINORS ACCOMPANYING YOU OR UNDER YOUR CARE; PROVIDED, HOWEVER, THAT YOUR OBLIGATION TO HOLD HARMLESS, DEFEND AND INDEMNIFY THE RELEASEES SHALL BE WAIVED IF AND TO THE EXTENT THAT AN ARBITRATOR OR COURT OF PROPER JURISDICTION FINDS THAT ONE OR MORE OF THE RELEASEES EXHIBITED GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT IN RELATION TO THE ACTION OR INACTION LEADING TO THE LIABILITY INCURRED BY YOU. FURTHER, YOU UNDERSTAND AND ACKNOWLEDGE THAT CONCEP 360 FITNESS PROVIDES INSTRUCTIONAL, NOT RECREATIONAL, SERVICES, AND THE RELEASEES DO NOT MANUFACTURE FITNESS OR OTHER EQUIPMENT, BUT PURCHASE AND/ OR LEASE EQUIPMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES AND CONCEP 360 FITNESS ARE PROVIDING RECREATIONAL SERVICES AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS. BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE FOREGOING AND KNOW OF THE NATURE OF THE ACTIVITIES AT CONCEP 360 LLC . TO THE EXTENT ANY PORTION OF THIS RELEASE IS DEEMED TO BE INVALID UNDER STATE LAW, THE REMAINING PORTIONS OF THE RELEASE SHALL REMAIN BINDING AND AVAILABLE FOR USE BY THE RELEASEES AND THEIR RESPECTIVE COUNSEL IN ANY PROCEEDING. BY AGREEING TO THIS RELEASE, UNDER NO CIRCUMSTANCES ARE YOU WAIVING YOUR RIGHTS TO SUE, ALTHOUGH YOU ARE LIMITING YOUR RIGHTS TO CERTAIN DAMAGES.
You expressly waive whatever benefits under any applicable law that may provide substantially as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.”
SECTION 3: DUES, FEES AND CHARGES; PAYMENT AUTHORIZATION
3.1 PAYMENT OBLIGATIONS. You, as the member or the financially responsible party for the member (“Payor”), agree to pay all amounts due under this Agreement, including all dues, fees and charges on the first page of this Agreement (collectively, “Dues, Fees and Charges”). Except as expressly provided in this Agreement or Florida law, Dues Fees and Charges which have been paid to CONCEP 360 FITNESS are not refundable. No deduction from any payments shall be made because of your failure to use CONCEP 360 facilities or services.
3.2 DUES, FEES AND CHARGES. You, as the member or Payor, understand that by executing this Agreement, you will be responsible for payment of all amounts due under this Agreement, regardless of whether you use any CONCEP 360 facility. CONCEP 360 FITNESS reserves the right to change Dues, Fees and Charges at any time at its discretion including, without limitation, increasing the Dues, Fees and Charges. Except as otherwise provided below, all changes will be posted at the front desk of the CONCEP 360 FITNESS, and will take effect 30 days after the date on which they are posted. You agree to pay any Dues, Fees and Charges by credit card or electronic funds transfer (ACH/EFT) from your designated checking account, savings account or debit card account (“Designated Account”). In addition, you agree to pay the following fees as applicable:

  1. Recurring Dues and Taxes. You agree to pay in advance recurring dues and related taxes as set forth in this Agreement. CONCEP 360 FITNESS may adjust recurring dues after giving you 30 days prior notice of such changes, either by posting such changes, as described above, or by sending you notice by mail.
  2. Charges for Returned Payments. If any credit card charge payable to CONCEP 360 FITNESS, or any third party CONCEP 360 FITNESS billing company is returned, rejected or dishonored, CONCEP 360 FITNESS or any third party acting on its behalf, as applicable, may in each instance, to the extent permitted by law, assess a charge equal to the total of all charges, costs and expenses incurred by CONCEP 360 FITNESS in connection with collection, and/or CONCEP 360 FITNESS may charge such other fees as may be permitted by applicable law.
  3. Late Charges. In addition to the other fees assessed on outstanding balances, All balances owed under this Agreement that are 30 or more days in arrears will be subject to a late charge of $10 on each dues billing cycle where amounts remain in arrears. Any unpaid balances for membership fees, goods or services past 30 days may result in suspension of membership privileges. You agree to pay all costs incurred by CONCEP 360 FITNESS for collection.
  4. No Show Fee. A fee of up to $5 will be charged if you make an appointment for an CONCEP 360 FITNESS class and do not show up, or fail to cancel the class appointment at least 8 hours before the start of the class.
3.3 PAYMENT AUTHORIZATION (PLEASE READ CAREFULLY!). All references to “I” or “me” in this Section shall refer to “you,” as the member or Payor. This payment authorization relates to the Designated Account identified above. All Dues, Fees and Charges (including any “Renewal Term Dues” or “Promises to Pay”) payable under this Agreement will be transferred from or charged to the Designated Account.

  1. Optional One-Time Charges and Transfers for Convenience. As a convenience to members (which may be someone other than me), CONCEP 360 FITNESS, from time to time, may charge or initiate transfers from my Designated Account for (i) Dues, Fees and Charges; merchandize and/or sundries purchased by member or member’s authorized guests, and/or CONCEP 360 FITNESS services purchased by member. By signing below, I authorize CONCEP 360 FITNESS to maintain the Designated Account for this purpose. I agree that by initiating a transaction to pay Dues, Fees and Charges (in person or over the telephone), or by making a purchase, I will be authorizing CONCEP 360 FITNESS to charge or initiate transfers from the Designated Account for payments.
  2. How to Revoke this Authorization. This authorization will remain in full force and effect during the term of this Agreement unless I revoke it. I understand that I may revoke this authorization at any time by notifying CONCEP 360 FITNESS in writing at the club address listed on the face of this Agreement. I understand that revocation will only be effective as to transfers that are scheduled to occur at least 10 business days after CONCEP 360 FITNESS receives the notice. If the revocation cannot be processed prior to the scheduled date of the charge or transfer, CONCEP 360 FITNESS shall refund the debited amount. Revocation of this authorization, or my stopping any payment, does not relieve me of my obligation to pay amounts due to CONCEP 360 FITNESS under this Agreement, and I will remain liable for such amounts until they are paid in full.
  3. Compliance with Designated Account Agreement. By signing below, I confirm that I am authorized under the terms of the applicable agreement with my financial institution (the “Bank Agreement”) to use the Designated Account listed in this Agreement for the purchase of goods and services from CONCEP 360 FITNESS. I certify that all statements made in this payment authorization are true and correct to the best of my knowledge. I understand that any failure by the applicable financial institution to pay any charge in full does not release me from any liability for obligations owing to CONCEP 360 FITNESS. I agree to comply with the Bank Agreement at all times that this authorization is in effect.
  4. Payment Resolution. By signing below, I agree to contact CONCEP 360 FITNESS about any matter of chargeback or stop payment that may pertain to this Agreement in order to attempt to resolve the matter. I also agree to call CONCEP 360 FITNESS to update my Designated Account information as soon as there is a change; I agree it is my responsibility to do this. I understand that I can reach CONCEP 360 FITNESS at 786-982-2213, if I have any questions about my account payments.
SECTION 4 TERMINATION OF YOUR RECURRING DUES MEMBERSHIP.
4.1 REFUNDS.Recurring dues members who properly rescind or cancel under section one (1) above will be issued a refund for amounts paid to CONCEP 360 FITNESS, less the value for services received. Recurring dues members who properly rescind or cancel under Section 4.1 or4.2 NOTICE: All notices sent pursuant to this Agreement shall be sent via certified mail, or delivered, to the club address on the face of this Agreement.

SECTION 5: USE OF CONCEP 360 FITNESS FACILITIES

5.1 Rules, Regulations and Schedules. All CONCEP 360 FITNESS Studio members and their guests must abide by the rules, regulations and schedules of CONCEP 360 FITNESS, which: (i) may be amended from time to time at CONCEP 360 FITNESS Studio sole discretion,(ii) which may be posted at the facilities or issued orally, and (iii) are incorporated in full by this reference, and including, without limitation, CONCEP 360 FITNESS Terms of Use (https:// concep360fitness.com/terms) and Privacy Policy (https://concep360fitness.com/privacy) as posted on its website (https://concep360fitness.com/). By signing this Agreement, the member acknowledges receipt of the Rules, Regulations and Schedules in effect as of the date of this Agreement. Upon joining, you must pay the appropriate initial charges. You shall be responsible for damages caused by your careless use of equipment or facilities. Please use a towel and wipe down all equipment after use; all weights must be racked when you are finished using them; weights are not to be dropped; no loud or inappropriate behavior; solicitation without the consent of CONCEP 360 FITNESS studio is prohibited. In CONCEP 360 FITNESS Studio sole discretion, your membership may be revoked or suspended at any time if, in the judgment of CONCEP 360 FITNESS, (i) you, or your guests, consistently fail to observe the Rules and Regulations; (ii) you have otherwise behaved in a manner contrary to the best interests of CONCEP 360 FITNESS or any of CONCEP 360 FITNESS members or employees; (iii) you have instituted any type of legal action against CONCEP 360 FITNESS, including but not limited to civil actions, arbitrations and/or mediations; and/or (iv) CONCEP 360 FITNESS has instituted any type of legal action including, but not limited to civil actions, arbitrations and/or mediations against you.

5.2 Limitations on Availability. It is to be expected that there may be occasional delays, especially during peak hours, in using the fitness equipment or that you may not always be able to attend a preferred exercise classes. The availability of classes and equipment are subject to demand and are available on a first-come-first-serve basis.

5.3 Freeze Policy. If you are temporarily unable to use the CONCEP 360 FITNESS facilities for medical reasons, you may request a freeze of your membership is allowed under the terms of our freeze policy. Please refer to https://concep360fitness.com/freeze for more details.

5.4 Level of Access. Concep 360 Fitness offers two types of memberships options to access to all Concep 360 LLC future locations, existing now or in the future. “ULTIMATE” memberships allows unlimited access to all CONCEP 360 LLC Classes and studios, as designated by CONCEP 360 FITNESS, in its discretion. “BASIC” membership allow limited class access to only one designated CONCEP 360 location (the gym location listed on page 1 of this Agreement). From time to time, other membership plans may be offered; please ask CONCEP 360 FITNESS management for details. Please visit CONCEP 360 FITNESS website https://concep360fitness.com/ for more detailed information on equipment and memberships and services available for our members.

  1. Guest Use. Your guests are permitted to use CONCEP 360 FITNESS to take one class only, and only pursuant to such rules, regulations, fees, and schedules for guest use as then may be in effect. CONCEP 360 FITNESS reserves the right to limit the number of times any one guest can use a CONCEP 360 LLC facility and reserves the right to exclude any of your guests whose use of any facility, in the sole opinion of CONCEP 360, would be detrimental to CONCEP 360 FITNESS or any of its members or employees. All guests must complete a Guest Registration Form at the front desk with valid identification.
  2. Minors. At CONCEP 360 FITNESS, children under eighteen (18) years of age may be permitted in CONCEP 360 FITNESS facilities. All such children must be accompanied by the children’s parent or guardian at all times within a CONCEP 360 FITNESS facility unless such children are members and are participating in a supervised activity. CONCEP 360 FITNESS reserves the right to discontinue use by any child who is unsupervised, or whose behavior is offensive or disruptive. Additionally, if CONCEP 360 grants a membership to a minor, then this Agreement shall be signed by his/her adult parent or legal guardian, who shall be liable for payment of all financial or other obligations under this Agreement. The age of majority for purposes of this provision shall be eighteen (18) years of age.
  3. Member’s Indemnity. You assume full responsibility for any person who becomes a member under this Agreement and shall indemnify CONCEP 360 FITNESS, its affiliates, agents and employees against any and all liability incurred by such member during his or her use of any and all CONCEP 360 FITNESS facilities.
  4. Outdoor Facilities. For the avoidance of doubt, all references herein to “facilities” or “facility” includes both outdoor and indoor facilities specified for activities by CONCEP 360 FITNESS.
  5. MEMBERS THAT ARE NOT PAYORS. For the avoidance of doubt, any member that is not a Payor (i.e., employee members, the additional members listed on page 1 or those individuals that may otherwise have access through a Payor or employee) shall be bound by all provisions of this Agreement excluding sections that relate to direct financial responsibility for membership payments. Any applicable refunds in connection with this Agreement will be made to the Payor. If the Payor fails to pay all required fees, all memberships related to the Payor (including Payor’s membership and any additional members that have access through a Payor) shall immediately terminate. Memberships for non-Payor employee members (and any non-Payor members associated with such employee) terminate immediately upon the termination of employment of such non-Payor employee member (regardless of whether such termination is voluntary or involuntary).
SECTION 6: MEMBER RISK
6.1 Member’s Health Warranty. You represent that you are in good health and have no disability, impairment, injury, disease, or ailment, preventing you from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences to you and/or to the safety, comfort or physical condition or the health and safety of other members and/ or gym staff as a result of exercise. You understand and agree that all exercises and all other use of equipment and facilities (including, without limitation, studio classes and other specialized venues that may be available to you) and all exercise instruction, are taken at your sole risk and that CONCEP 360 FITNESS and any/all employees shall not be liable to the member for any personal injuries caused by any service or condition of the equipment or the facilities or by CONCEP 360 FITNESS studio’s negligence regarding the same. You assume full responsibility for your use of the CONCEP 360 FITNESS facility and shall indemnify CONCEP 360 FITNESS, its affiliates, agents and employees, against any and all damages arising out of your use of the facilities, except as otherwise set forth in this Agreement. It is recommended that you get a physical exam by your physician prior to commencing any exercise program, especially if you are considered “at risk,” which group includes, but is not necessarily limited to, the elderly or pregnant women, or members unaccustomed to physical exertion, or those who have physical limitations, a history of high blood pressure, heart problems or other chronic illnesses, or if you have a history of heart disease.
6.2 Warning. Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damaged liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use, or exchange of anabolic steroids. You agree not to buy, sell or use steroids, or any other illegal substance, at any CONCEP 360 FITNESS Facility.
 
6.3 Medical Disclaimer. You have been informed and acknowledge that CONCEP 360 FITNESS has made no claims as to medical results that can or may be obtained through use of any CONCEP 360 FITNESS facility. CONCEP 360 FITNESS has neither suggested nor will it suggest any medical treatment to any of its members; only licensed medical professionals are qualified to give medical advice. You are instructed not to act on the advice given by any CONCEP 360 FITNESS employee, unless such advice has been verified by your licensed professional physician. Further, you acknowledge that CONCEP 360 FITNESS makes no claims regarding nutritional counseling supplements. You represent that there is no medical or physical condition that would preclude the use of CONCEP 360 FITNESS facilities, and you further represent that you have not been instructed by any physician not to use CONCEP 360 FITNESS facility, or any similar facility.
6.4 Starter Session. You are strongly encouraged to take advantage of the complimentary starter session, fitness assessment and ongoing support available to ensure the proper and safe use of all equipment, exercise classes and private training.
6.5 Loss of Property. You and your guests are encouraged not to bring valuables onto the premises of a CONCEP 360 FITNESS Facility. CONCEP 360 FITNESS shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, and other items left in lockers or storage compartments by you or your guests.
SECTION 7: GENERAL PROVISIONS
7.1 Proof of Membership. Membership privileges are limited to the person in whose name the membership is issued. Improper use of the membership will result in immediate revocation of your membership.
7.2 Change in Membership/Billing Information. You must promptly notify CONCEP 360 FITNESS in writing of any changes in your billing information, address or telephone number. You must maintain a valid credit card or checking account information with CONCEP 360 FITNESS and you shall notify CONCEP 360 FITNESS whenever there is a change in such information, such as a change in the card number or the expiration date, and you permit CONCEP 360 FITNESS to obtain such updated information through payment card networks, card issuers or other third parties. Notwithstanding anything else contained herein, all communications from CONCEP 360 FITNESS to you shall be presumed to have been received by you within five (5) days after mailing to your address on file with CONCEP 360 FITNESS at the time of the mailing, or within 24 hours of CONCEP 360 FITNESS e-mailing you to your e-mail address on file.
7.3 Pets and Bicycles. Pets (not including service dogs) and bicycles are not permitted in or around a CONCEP 360 FITNESS facility.
7.4 Dress Code. Proper athletic attire is required, including a shirt at all times, while inside any CONCEP 360 FITNESS facility. CONCEP 360 FITNESS reserves the right to make the final determination in its sole discretion with regards to appropriate attire.
7.5 Smoking. Smoking (including e-cigarettes and vapor pens) is prohibited at all times in all CONCEP 360 FITNESS facilities and within TWENTY-five (25) feet of any entry or exit.
7.6 Day Lockers. Lockers may be provided solely for the benefit and convenience of CONCEP 360 FITNESS members. CONCEP 360 FITNESS will remove any articles left in a locker overnight
7.7 Description of Services and Hours of Access. Your membership with CONCEP 360 FITNESS shall include access to the facility or facilities to which you purchased. CONCEP 360 FITNESS intends to make available to all of its members and guests during its designated hours and days of operation the following equipment and services: cardiovascular, strength and conditioning equipment. CONCEP 360 FITNESS provides group exercise classes and private training in addition to individual member use of the equipment. This Agreement entitles you to access these facilities and services during the hours posted in the applicable facility. CONCEP 360 FITNESS reserves the right to revise its list of available equipment and services at any timefor any reason, with or without notice. Please see the facility general manager for a schedule of classes and hours of access to the facilities.
7.8 Group Exercise Policies. CONCEP 360 FITNESS locations may provide group exercise classes and each class is limited to a set number of participants. You should not enter a class late or leave a class early without the instructor’s consent. No one will be admitted ten (10) minutes after the scheduled class time. If you are just starting a group fitness program or have an injury, are pregnant or have any problem that may prevent full participation, please discuss this with the group fitness instructor at least five (5) minutes before the scheduled class. Proper clothing and footwear must be worn in all group fitness classes. CONCEP 360 FITNESS reserves the right to change the group fitness schedule at any time, including the addition or the deletion of classes, as well as changes in instructors, class times and length of classes. CONCEP 360 FITNESS reserves the right to change group fitness policies when necessary and to require advanced reservations for heavily-attended classes. Where applicable, reservations may be released within five (5) minutes prior to the scheduled class time and you may enter on a walk-in basis provided there are openings in the class. Your attendance at a class shall follow any rules promulgated by such class instructors or facility management.
7.9 Private Coaching. Any and all private coaching provided by CONCEP 360 FITNESS shall be subject to the terms of this Agreement, as well as any additional terms and conditions set forth in a separate private training contract entered into by you and CONCEP 360 FITNESS. Use of private coaches or personal trainers not approved and employed by CONCEP 360 FITNESS is prohibited at all CONCEP 360 FITNESS facilities. You may not train other members or guests, conduct business activity or solicit any business at any CONCEP 360 FITNESS locations, existing now or in the future. Any violation of this policy may result in legal action as well as forfeiture of any remuneration received by you or guest for such services.
7.10 Change in Facilities and Operating Hours. As a result of repair, maintenance or special occasions, CONCEP 360 FITNESS may be required to restrict the use or temporarily close CONCEP 360 FITNESS, or halt a CONCEP 360 FITNESS studio activity from time to time. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges during such time when the above-mentioned occurs. CONCEP 360 FITNESS hours of operation may be modified from time to time without prior notice to you. CONCEP 360 FITNESS reserves the right to change the facilities from time to time, to eliminate or add facilities and services, and to change the type or quantity of equipment and services.
7.11 Special Events. CONCEP 360 FITNESS may from time to time reserve the use of its facilities for special events, competitions and private functions.
7.12 Consent to Image. You understand and acknowledge that while on CONCEP 360 FITNESS premises, your, or your minor child’s image (including live or recorded video images),may be used or shown on the CONCEP 360 FITNESS website and/or social media outlets (Facebook, Instagram, YouTube, etc.), and that by entering the premises you consent to the use of these images in this manner.
7.13 Interruption of Service. In case of any permanent or long-term interruption of service (e.g., permanent closing of a location, fire, etc.), CONCEP 360 FITNESS reserves the right to: (i) freeze memberships and add the lost time once services resume; or (ii) In the event that an act of God (hurricane, earthquake, national emergency, etc.), causes more than a temporary closing of your CONCEP 360 FITNESS facility your obligations under this Agreement will be suspended until such time as use of the facility can be resumed and you may choose to suspend your membership.
7.14 Assignment. CONCEP 360 FITNESS reserves the right to sell, transfer or assign your membership. CONCEP 360 FITNESS may transfer your membership without affecting this Agreement if it transfers your membership to another CONCEP 360 FITNESS facility or another comparable fitness facility within ten (10) miles of the original membership location. Notwithstanding the foregoing, if the location exceeds 5 driving miles or is not under the same ownership, you have the right to cancel this Agreement.
7.15 Independent Contractors. From time to time, CONCEP 360 FITNESS may make the services of independent contractors available to members or members’ guests. CONCEP 360 FITNESS does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available to member or members’ guests for any period of time.
7.16 Temporary Unavailability of CONCEP 360 FITNESS Facility. It is anticipated that a portion of a CONCEP 360 FITNESS facility, or an entire facility may be temporarily unavailable from time to time, while repairs or renovations take place. Management will make every effort to minimize any disruption to you during these periods and, if possible, to schedule any work during off-hours. CONCEP 360 FITNESS may be closed for certain holidays.
7.17 Dispute Resolution/Arbitration. At the election of either you or CONCEP 360 FITNESS, including CONCEP 360 FITNESS employees, parents, subsidiaries, affiliates, agents, successors and assigns (collectively for this section, CONCEP 360 FITNESS), any claim, dispute or controversy, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Claim”) you or CONCEP 360 FITNESS against the other, arising from or relating in any way to (i) this Agreement, (ii) your CONCEP 360 FITNESS membership or use of CONCEP 360 FITNESS facilities and/ or services or (iii) (except as specifically provided in this Agreement) the applicability of this arbitration clause or the validity of the entire Agreement, shall be resolved exclusively and finally by binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) in effect on the date a demand for arbitration is made. A copy of the AAA rules may be obtained from the AAA website at www.adr.org or by contacting CONCEP 360 FITNESS. Claims made and remedies sought as part of a class action, private attorney general or other representative action (hereafter all included in the term “class action”) are subject to arbitration on an individual basis, not on a class or representative basis. The arbitration will not determine class claims and will not be consolidated with any other arbitration proceedings. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to address that party’s individual Claims. ARBITRATION IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIM WHICH IS SUBJECT TO ARBITRATION IN A COURT. YOU AND WE WILL NOT HAVE THE RIGHTS IN ARBITRATION THAT ARE PROVIDED IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO
  1. LIMITED OR ELIMINATED BY ARBITRATION. Alternatively, you and CONCEP 360 FITNESS may pursue a Claim within the jurisdiction of any appropriate Small Claims Court, or the equivalent court in your home jurisdiction (each a “Small Claims Court”), provided that the action remains in that court, is made on behalf of or against you only and is not made part of a class action, private attorney general action or other representative or collective action. You and CONCEP 360 FITNESS also agree not to seek to enforce this arbitration provision, or otherwise commence arbitration based on the same claims in any action brought before the Small Claims Court. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. This Agreement and your membership will be governed by the laws of the state of California and, as applicable, federal law. Judgment upon any arbitration award may be entered in any court having jurisdiction. In the event that there is a dispute about whether limiting arbitration of the parties’ dispute to non-class proceedings is enforceable under applicable law, then that issue shall be resolved by litigation in a court rather than by the arbitrator. If it is determined that resolution of a Claim shall proceed on a class basis, it shall proceed in a court of competent jurisdiction rather than in arbitration. Unless the parties expressly agree otherwise, any in-person arbitration proceeding will take place in Orange County, California. CONCEP 360 FITNESS will pay, or reimburse you for, all arbitration fees or costs to the extent required by law or the rules of the AAA. Whether or not required by law or such rules, if you prevail at arbitration on any Claim against CONCEP 360 FITNESS, will reimburse you for any fees paid to the AAA in connection with the arbitration proceedings. If you are required to advance any fees or costs to the AAA, but you ask CONCEP 360 FITNESS to do so in your stead, CONCEP 360 FITNESS consider and respond to your request. This arbitration agreement applies to all Claims now in existence or that may arise in the future. This arbitration agreement survives the termination of this Agreement and the completion of your CONCEP 360 FITNESS membership, including your payment in full, and your filing of bankruptcy.
  2. Class Action Waiver. You and CONCEP 360 FITNESS agree that any proceedings to resolve or litigate any dispute, whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither you nor CONCEP 360 FITNESS will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or CONCEP 360 FITNESS acts or proposes to act in a representative capacity.
  3. Entire Agreement. This Agreement, and all rules and regulations of CONCEP 360 FITNESS as revised from time to time, constitute the entire and exclusive agreement between you and CONCEP 360 FITNESS and supersede all prior written and/or oral promises, representations, understandings and/or agreements relating to this membership purchase. CONCEP 360 FITNESS can void this Agreement if it is not completed by a CONCEP 360 FITNESS employee in accordance with the current pricing and payment programs, or if there has been any misrepresentation by you. You acknowledge and understand that CONCEP 360 FITNESS at CONCEP 360 FITNESS are not authorized to make any written or verbal changes, additions or modifications to this Agreement.
  4. Governing Law. This Agreement shall be interpreted under the laws of the State of Florida. Any litigation under this Agreement shall be resolved in the courts located in Miami Dade County, Florida.
  5. Limitation of Liability. Unless controlling legal authority requires otherwise, any award by a court or arbitrator is limited to actual compensatory damages. Specifically, neither a court nor an arbitrator can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages.
  6. Severability. If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
  7. Contact. Member affirms, acknowledges and attests that Member’s mailing address, telephone number, cellular telephone number and e-mail address provided on the face of this Agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that CONCEP 360 FITNESS including its agents, affiliates, and vendors, not limited to its debt collection agencies or attorneys, may contact Member at any mailing address, telephone number, cellular telephone number or e-mail address set forth on the face of this Agreement, or subsequently provided by Member to CONCEP 360 FITNESS. If you reply STOP to opt out of text alerts, the opt out will apply to text alerts only. This Agreement shall constitute your express written consent for CONCEP 360 FITNESS or any third-party vendor affiliated with CONCEP 360 FITNESS to contact you by telephone, email or SMS text regarding any matter related to your account, including but not limited to, collection of any amounts past due, at the phone number and/or email address listed in this Agreement. In addition, by entering into this Agreement, you expressly consent to receiving promotions and other information from CONCEP 360 FITNESS and affiliates, and understand and agree that your information will be used for these purposes. You understand that not all carriers are covered and CONCEP 360 FITNESS will not charge me for the text messages; however, message and data rates may apply. You understand that your consent is not required and is not a condition of any purchase; your signature below, however, constitutes your consent to this provision. You may opt-out from receiving unsolicited text message from CONCEP 360 FITNESS any time, and you consent to receiving a text message confirming your opt-out selection.
  8. Club Use. Your failure to make use of the facilities or other privileges shall not relieve you of the financial obligations under this Agreement
  9. E-SIGN Consent: Certain laws and regulations may require CONCEP 360 FITNESS to provide member with written notices and disclosures on paper. With member’s consent, this information may be provided to member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that CONCEP 360 FITNESS may provide member. Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by member. Notwithstanding, member may request a paper copy of all electronic Documents by contacting CONCEP 360 FITNESS, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of CONCEP 360 FITNESS. Upon withdrawing consent, member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for member’s receipt of the Documents. Member agrees to maintain a valid email address with CONCEP 360 FITNESS, and to promptly notify CONCEP 360 FITNESS of any changes to member’s email address. If member has provided another type of electronic contact information, such as a phone number, then member may change that contact information by contacting the CONCEP 360 FITNESS. To access, view and receive the Documents electronically, member agrees and acknowledges that they 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 member’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 member desires to print any electronic Documents. Member acknowledges that they may also need a certain brand or device that can support applications intended for member’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 member to access the Documents electronically, then CONCEP 360 FITNESS will notify member following such material modification. By accepting the terms of this Agreement, member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that member has the software and hardware described above, that member has the means necessary to access, view, and receive the Documents electronically, and that member has provided a valid and active email address to CONCEP 360 FITNESS.
7.18 COLLECTION OF YOUR PERSONAL INFORMATION/PRIVACY POLICY: CONCEP 360 FITNESS collect information about you that is provided in conjunction with your purchase of services from CONCEP 360 FITNESS, including information provided on your health club membership agreement(s) and personal training agreement(s). Information about you is typically obtained from the agreement(s) you sign with the club from whom you purchase services. Your personal information may also be collected from you when you provide information directly to CONCEP 360 FITNESS in any manner, or when you update account or contact information at the club or online. The information CONCEP 360 FITNESS collects about you may include your name, postal address, email address, phone numbers, bank account, or credit card information, audio recordings of phone calls with you or made in relation to your account, photographs voluntarily taken at the club, and e-mail correspondence with you or in relation to your account. CONCEP 360 FITNESS collect such personal information about you for the purpose of processing and collecting payments owed by you to the club, to contact you in relation to your health club account, and to otherwise provide third party payment processing and administrative services to your club. CONCEP 360 FITNESS uses information they collect to communicate with health club members, collect payments owed to its health club clients, and maintain up to date account information for members. You acknowledge and agree that all information provided to CONCEP 360 FITNESS in connection with your membership including, without limitation, at the CONCEP 360 FITNESS, through the CONCEP 360 FITNESS website located at www.concep360fitness.com, and/or through the CONCEP 360 FITNESS mobile application shall be governed by privacy policy located at

7.19 Survival. The following Sections shall survive any termination or expiration of this Agreement: Section 2, Section 5, Section 6 and Section 7, and any other provisions that by their terms are intended to survive.
SECTION 8: HYGIENE POLICY
8.1 The health and safety of our member community is a top priority for CONCEP 360 FITNESS Accordingly, CONCEP 360 FITNESS has implemented certain procedures to try and curb the potential spread of COVID-19. While CONCEP 360 FITNESS cannot guarantee that you will not be exposed to COVID-19 at one of CONCEP 360 FITNESS corporately owned or managed facilities, CONCEP 360 FITNESS is committed to continuing to ensure the cleanliness of our studios. As such, in addition to the other policies governing your use of the studios, CONCEP 360 FITNESS expects its members to adhere to this Hygiene Policy (the “Policy”) while on Studio premises.
By using the Studio, you agree:
  1. to abide by all CONCEP 360 FITNESS rules and/or procedures when using the studio facilities, including those related to social distancing and hygiene;
  2. to wipe down all studio equipment before and after each use;
  3. to regularly wash your hands while at the studio.;
  4. that you are currently not exhibiting and have not exhibited for a period of at least two (2) weeks any symptoms of COVID-19 including, without limitation, fever, cough, body aches, loss of taste or smell, and/ or fatigue (“Symptoms”);
  5. that you shall not come to the studio to the extent you are experiencing any Symptoms, or have experienced Symptoms within the previous two (2) week period; and
  6. that you shall not come to the studio if you are confirmed by an authorized medical professional to have COVID-19, or you have been exposed to someone in the previous two (2) week period that has been confirmed to have COVID-19; and to voluntarily assume the risk that you may be exposed to or infected by COVID-19 by entering the studio and that such exposure or infection may result in personal injury, illness, permanent disability, and death (“Injury”) from any cause including, without limitation, negligence, gross negligence, inadequate training, inadequate cleaning / disinfecting of the studio and as a result of the actions or inactions of CONCEP 360 FITNESS employees, members or other third persons at the studio.
The terms of this policy may be modified at any time. This policy is not meant to modify the terms of the membership agreement between you and CONCEP 360 FITNESS.
PLEASE READ THE FOLLOWING AND VERIFY ACCEPTANCE:
I understand that I will need to register for all classes and classes via CONCEP 360 FITNESS mobile app or website.
I understand that I will be charged a $5 fee if I miss a class that I have registered for. All registered classes must be canceled at least 8 hours before the start of class.
I have been clearly explained the 30-day cancellation & membership freeze policy.
I understand that I may be shown on a live video stream via the Internet while at the studio and I consent to the use of my image as further provided in Section 7.13.
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