Introduction

Welcome to RE:FORM Pilates WPB! This Membership Agreement (“Agreement”) is a legally binding contract between you (“Member”) and RE:FORM Pilates WPB LLC (“Studio,” “we,” “our,” or “us”). By signing this Agreement, you agree to the terms and conditions outlined herein. This Agreement governs your membership, participation in classes, and use of our facilities. 

Membership Terms 

Membership Start Date: Your membership will commence on the day you sign the Agreement and pay the required fees.

Membership Type: Your membership type (e.g., Monthly, Series Package) is specified at the time of registration. Please refer to the terms applicable to your specific membership. 

Automatic Renewal: Unless otherwise specified, all memberships will automatically renew at the end of the membership period, and the applicable fees will be charged to your account according to the payment method on file.

Acknowledgement and Acceptance of Terms

By entering into this Agreement, you acknowledge that you have read, understood, and agree to comply with all terms and conditions. You also agree to adhere to all Studio policies, which may be updated from time to time.

Definitions 

“Member” refers to the individual who has signed this Agreement and holds an active membership. 

“Studio” refers to RE:FORM Pilates WPB LLC, including its premises, equipment, classes, instructors, and staff.

“Membership” refers to the specific plan you have selected, including Monthly, Series Packages, or any other plan offered by the Studio.

Payment Terms

Membership Fees:

10.1.You agree to pay the price of the Membership, including any recurring payments, as outlined on our website or communicated to you directly by RE:FORM Pilates WPB LLC.

10.2.Payment is due upon the completed purchase of the Membership and must be made in full before your Membership begins.

Changes to Payment Amount:

2.1.Any subsequent changes to the membership price will not affect the validity of this Agreement.

2.2.If the recurring payment amount changes significantly, you are entitled to receive notice at least ten (10) days prior to the next payment. The Studio will notify you of any increase in your recurring payment that exceeds $100.

Recurring Payments:

If your payment method includes recurring payments, you authorize the   Studio to maintain your account information and automatically charge your account upon the renewal of the Membership without further action required by you.

Recurring payments will be charged to your account as outlined in the Membership section of the website. We do not provide separate notifications before each payment is processed.

Payment Failure: In the event of a payment failure, your Membership access will be temporarily suspended until payment is received. If payment fails three times, you understand that the Studio may engage a collection agency to recover the outstanding amount.

Termination and Notice Requirement

Notice of Termination: Members must provide a written notice of termination at least 30 days prior to the desired termination date. 

Effective Date of Termination: Membership termination will take effect on the last day of the billing period following the 30-day notice period.

Mid-Cycle Notification: If notification is given in the middle of the billing period, the membership will remain active until the end of the next billing period. 

No Mid-Cycle Termination: Mid-Cycle terminations are not allowed. The membership will automatically renew until the end of the current cycle following the 30-day notice period.

Membership Termination: To terminate this Agreement, the Studio must receive via email (from an email address on file), via mail, or delivered in person, a signed and dated notice that states that you are terminating this Agreement. Send email notifications to:  hello@reformpalmbeach.com. All  in-person and mail delivered notifications can use the Studio’s address:  502 Palm Street, Unit 7, West Palm Beach, FL 33401. You have the right to terminate this Agreement at any time prior to midnight of the third business day after the date of signing this Agreement, excluding Sundays and holidays for all Memberships. Please note that if you violate any of the terms of this Agreement, RE:FORM Pilates may terminate this Agreement effective immediately and you will not be entitled to any refunds or any continued working relationship with RE:FORM Pilates.

Membership Suspension

Suspension Notice: To request a suspension of your membership, please provide written notice at least two weeks in advance. You can submit your notice via email from the email address on file with us, by mail, or in person. Send notices to hello@reformpalmbeach.com or deliver them to 502 Palm Street, Unit 7, West Palm Beach, FL 33401.

Suspension Duration and Fees: Members may suspend their membership for a maximum of three months per calendar year. A fee of $15 per suspended month will apply.

Late Cancellation

Cancellation Policy: If you are unable to attend a scheduled class, please cancel at least 12 hours before the class start time to retain your class credit. 

Fees for Late Cancellation or No-Show:

17.1.Members on Unlimited packages will be charged $15 for a late cancellation. A fee of $25 will be charged for a no-show. 

17.2.All other memberships, including drop-ins, will forfeit the class credit if cancellation notice is received less than 12 hours before the class.

Expiration of Credits

Monthly Membership Credits:Credits associated with monthly memberships must be used within the 30-day billing cycle in which they are issued. Any unused credits will expire at the end of the billing cycle and will not roll over into the next month.

Renewal Contracts: The initial contract will not be for a period in excess of 30 days. Renewal contracts may not be executed, and the fee therefore paid unit the preceding contract expires. 

Series Packages: All sessions purchased as part of a series package must be used within 30 days of purchase.

Refunds

No Refunds on Memberships: All membership fees, including monthly  recurring payments, are non-refundable. Members are responsible for ensuring they can commit to the membership period before signing up.

Class Cancellation Policy: If the studio cancels a class or service for any reason, members may receive a credit to their account, which can be used for future classes or services. Refunds are not typically issued.

Refunds for Series Packages: Series packages (e.g., 5-class or 10-class packages) are non-refundable once purchased. In exceptional circumstances, the studio may consider refund requests on a case-by-case basis, but any granted refunds may be subject to a processing fee.

Termination of Membership: If a member cancels their membership with proper notice (as outlined in the termination clause), any remaining balance for current billing cycle will not be refunded, and membership benefits will continue until the end of that cycle. 

  Special Circumstances: Refunds for medical or other extenuating      circumstances may be considered at the studio’s discretion. Documentation may be required, and any approved refunds may be prorated based on the amount of time remaining in the membership period. 

Business Closure or Change of Location: Members are entitled to the cancellation and refund of their membership if the studio goes out of business, or moves its facilities more than five (5) driving miles and fails to provide, within 30 days, a facility of equal quality located within five (5) driving miles at no additional cost to the member.

Members are advised to contact the Florida Department of Agriculture & Consumer Services for information within 60 days should the health studio go out of business

Should the department determine that a refund is owed to the member, the refund shall be an amount computed by dividing the membership 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 a health studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises:

Upon sale, for not more than 14 consecutive days; or 

During ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year

Member’s Right to Cancel Due to Death or Disability: In the event of the member’s death or physical disability, the member or their estate may cancel this membership agreement by providing written notice to the Studio. If the member becomes physically unable to avail themselves of a substantial portion of the services offered under this agreement, the member is entitled to a refund of any prepaid amounts, prorated from the time of disability.

To qualify for a refund, the member or their estate must provide a certification from a licensed physician under chapter 458, 459, 460, or 461 that verifies the member’s physical inability to continue participation in the services offered by the Studio.

Refunds will be calculated by dividing the total contract price by the number of weeks in the membership term and multiplying by the number of weeks remaining. Refunds will be issued within 30 days of receiving the notice and supporting documentation.

Member Identification

Presently, the studio does not require members to furnish identification upon entry to the facility and as a condition of using the services of the studio. However, should this become a requirement in the future, the studio will provide the member with the means of such identification.

Purchase of Future Services

SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN ONE (1) MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.

Legal Fees

You will be responsible for any and all legal fees incurred by RE:FORM Pilates    regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment).

Guarantees

RE:FORM Pilates cannot guarantee any particular success from participating in our classes or from our Membership. We promise to provide you with the opportunity, classes and support to achieve your goals, but any success and results ultimately depends on your commitment. 

Code of Conduct

You agree to be mindful and respectful during the classes and duration of your Membership. This includes respecting other members of RE:FORM Pilates in their Pilates journey and taking care when using the facilities. You also agree to comply with our Pilates protocol, policies and guidelines, as updated from time to time on our website or posted on-site.

Facility Closure

If our facilities are forced to close due to COVID-19, a natural disaster, or other unavoidable circumstance, the Membership continues with online content.

Force Majeure

RE:FORM Pilates will not be liable for any failure or delay regarding the Membership if such failure or delay is: beyond the reasonable control of RE:FORM Pilates, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.

18 Substitute Services

RE:FORM Pilates has the right to substitute services. This means that if we ever need to switch to online classes or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in person classes.

Waiver

Before your Membership can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.

COVID-19 / Infectious Disease

Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in any of the Membership activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health and ability to partake in the Membership activities, please consult with your doctor and we urge you not to visit our facilities. You further agree to follow the relevant guidelines and comply with policies around COVID-19, including use of masks or other protective gear, social distancing and hygiene practices. We are all in this together and need to remember to act responsibly and with kindness towards each other in order to ensure everyone’s safety.

Media Release

We think you’re incredible and would love to show you off! By being a member of our community and through your Membership, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, audio recordings of you captured in our facility or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. You will always be given notice if recording or photography where you are identifiable is to be used and given the option not to participate. Please let us know If you ever want us to stop using an image of you.

Indemnity

You hereby fully indemnify RE:FORM Pilates and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries. This includes the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of RE:FORM Pilates’ negligence, provided that where RE:FORM Pilates has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.

Governing Law and Dispute Resolution

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 

Dispute Resolution. Any disputes arising under this agreement will be resolved through mediation or binding arbitration in West Palm Beach, FL. 

Severability

If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. 

Entire Agreement

This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. 

Waiver of Breach

The waiver by RE:FORM Pilates of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. 

Counterparts

This Agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together constitute one single document. 

Online Agreement

We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.

Thank you for taking the time to read this. Let’s begin!

**RE:FORM Pilates WPB, LLC is registered with the State of Florida as a Health    Studio. Registration No. is HS______.