TERMS &

CONDITIONS

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This website is owned and operated by Treasure Drive Fitness. These Terms comply with the terms and conditions under which you can use our website and services offered by us. This web page offers visitors Training programs & GYM memberships. By accessing or using the website, you agree that you have read & understood, these Terms:

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To use our website and/or receive our services, you must be at least 16 years of age, or the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to participate in these Terms as a binding agreement. 

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By purchasing anything on this web, you agree that:

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• You are responsible for reading the full listing of the item before committing to purchase it.

• You enter into a legally binding contract to purchase an item when you commit to make the process and completing the check-out.

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The prices we charge for  our services & our products are listed on the website. We reserve the right to change our prices at any time and to correct pricing errors that may inadvertently occur. Additional information on prices and sales taxes is available on the payment page.

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The fee for the services and any other charges that you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged monthly to your payment method.

For any undamaged product, simply return it with the included accessories and package along with the original receipt (or gift receipt) within 14 days from the date you received the product, and we will exchange or offer a refund based on the original payment method. Also, keep the following in mind:

 

•  Products can only be returned in USA.

• Some products are not eligible for return.

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We can, without prior notice, change the Services; stop providing them or modify any features ; Also we can create limitations on the services. We may permanently or temporarily suspend access to services without prior notice or liability for any reason, or no reason at all.

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When we receive a valid warranty claim on a product we sell, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund when the product is returned to us. We will pay for the shipment of the repaired or replaced products to the customer and the customer will be responsible for returning the product to us.

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The Service and all materials included or transferred, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Rights of Intellectual Property related to them, are the exclusive property of Treasure Drive Fitness. Except as explicitly stated in this document, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

We may permanently or temporarily terminate or suspend your access to the service without prior notice and liability for any reason, even if in our sole determination you violate any provision of these Terms or any applicable law or regulation. You can discontinue use and request to cancel your account and/or any service at any time. Notwithstanding anything to the contrary in the foregoing, concerning automatically renewed subscriptions to paid services, such subscriptions will be suspended only at the expiration of the corresponding period for which you have already made the payment.

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You agree to indemnify and hold Treasure Drive Fitness harmless from any claim, loss, liability, or expense (including attorneys' fees) made against you by third parties as a result of, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

To the maximum extent permitted by applicable law, in no event shall Treasure Drive Fitness be liable for indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to, loss of profits, goodwill, use, data. or other intangible losses, arising from or related to the use or inability to use the service.

To the maximum extent permitted by applicable law, Treasure Drive Fitness assumes no responsibility for :

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•  Errors, or inaccuracies of content.

• Personal injury or property damage, of whatever nature, as a result of your access or use of our service.

• Any unauthorized access or use of our secure servers and/or all personal information stored therein.

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We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we materially change the Terms, we will notify you that material changes have been made to the Terms. Your continued use of the website or our service after such change constitutes your acceptance of the new Terms. If you do not accept any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

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You agree to receive our messages and promotional materials from time to time, by post, email, or any other contact form that you provide us (including your phone number for calls or text messages). If you do not wish to receive such promotional materials or notices, simply let us know at any time.

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These Terms, the rights and remedies provided here, and every one of the claims and disputes related to this and/or the services, will be governed, interpreted, and applied in all respects solely and exclusively following the internal substantive laws of [Name of country/state], without respect for its principles of conflict of laws. All claims and disputes will be brought and you agree that they will be decided exclusively by a court of competent jurisdiction located in [Name of the City of Courts]. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

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All users who join a community have a public profile visible to page visitors and that their public activity (such as their posts or comments) will be visible to other website visitors.

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users of the website can always choose not to participate and leave the community, doing it, said user profile will not be publicly visible. Naturally, in such a case, the user will not be able to use the community functions (for example, like, comment or write posts).

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Membership terms and conditions

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1. MEMBERSHIP MAY INCLUDES SESSIONS OF PERSONAL TRAINING. SESSIONS MUST BE USED WITHIN 30 DAYS OF YOUR ENROLLMENT DATE, ONCE SCHEDULE, APPOINMENT ARE NOT CANCELABLE. IF YOU CANCEL YOUR WORKOUT OR FAIL TO SHOW FOR YOUR APPOINTMENT, YOU WILL FORFEIT SESSION.

2. CLIENT AGREES THAT USE OF ALL FACILITIES WILL BE AT CLIENT WAIVES ANY CLAIMS FOR INJURY OR FOR DAMAGE, LOSS OR THEFT OF CLIENTS PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY FACILITY INCLUIDING PARKING AREA. CLIENT ASSUMES ALL LIABILITY IN THE EVENT HIS/HER GUESTS (OR GUESTS OF ANY FAMILY MEMBER) IS INJURED OR SUSTAINS ANY LOSS.

3. TREASURE DRIVE FITNESS.LLC RESERVES THE RIGHT TO CHANGE FACILITIES, HOURS, CLASS SCHEDULES AND EQUIPMENT SUCH CHANGE WILL NOT JUSTIFY MEMBERSHIP CANCELLATION AND/OR REFUND.

4. EACH MEMBER IS REQUIRED TO BRING THEIR OWN TOWEL AND WIPE EQUIPMENT AFTER EACH USE.

5. DROPPING DUMBELLS AND FREE WEIGHTS IS STRICTLY PROHIBITED. MEMBERS ARE REQUIRED TO REQUIERD TI RETURN ALL PLATES AND DUMBELLS BACK TO THEIR PROPER PLACE.

6. JOINING FEE: YOUR JOINING FEE IS EARNED BY THE CLUB AT THE TIME YOU JOIN. JOINING FEES ARE NON-REFUNDABLE UNLESS CANCELLED WITHIN THE 3 DAY PROVISION.

7. PERSONAL TRAINING: PERSONAL TRAINING BY ANYONE OTHER THAN A TREASURE DRIVE FITNESS LLC. STAFF MEMBER IS STRICTLY PROHIBITED. WHETHER THEIR TRAINER IS BEING PAID OR NOT.

8. VIOLATION OF RULES AND REGULATIONS: IF YOU VIOLATE ANY OF THE RULES AND REGULATIONS SET FORTH IN THIS AGREEMENT OR AS POSTED IN THE GYM FROM TIME TO TIME, TREASURE DRIVE FITNESS LLC. OR MAY CANCEL YOUR MEMBERSHIP AND YOUR RIGHT TO USE TREASURE DRIVE FITNESS LLC. FACILITIES OR TO OBTAIN THE SERVICES OF TREASURE DRIVE FITNESS LLC. YOU WILL NOT BE ENTITLED TO A REFUND OF ANY PAYMENTS YOU HAVE MADE. IF YOU AGREE TO MAKE PAYMENTS TO TREASURE DRIVVE FITNESS LLC. ANY UNPAID PORTION OF THAT CONTRACT WILL BECOME IMMEDIANTELY DUE AND PAYABLE.

9. THIS CONTRACT IS EFECTIVE UPON SIGNING AND CANNOT BE CANCELLED BY CLIENT EXCEPT AS PROVIDED HEREIN. CONTRACT IS VALID UPON ACCEPTANCE BY MANAGEMENT OF TREASURE DRIVE FITNESS LLC. OR IT’S ASSIGNS. THE SIGNATURE OF ANY AUTHORIZED AGENT ISREQUIRED (FILE COPYONLY)

10. RELOCATION: THIS MEMBERSHIP IS ABSOLUTELY NON-CANCELLABLE FOR RELOCATION PURPOSES.

11. THE ORIGINAL MEMBERSHIP TERM SHALL NOT BE FOR A PEROD IN EXCESS OF 30 DAYS. BUT MAY HAVE RENEWAL OPTIONS AVAILABLE UPON EXPIRATION OF ORIGINAL AGREEMENT. RENEWAL CONTRACTS MAY NOT BE EXECUTED AND THE FEE THEREFORE PAID UNTIL THE PRECEDING CONTRACT EXPIRES.

12. UNAVAILABILITY: IF THE CLUB IS UNAVAILABLE FOR YOUR USE THE CLUB CAN SUBSTITUTE A SIMILAR FACILITY WITHIM 5 MILES OF THE PRESENT CLUB FOR YOU TO USE. THE PRESENT CLUB COULD BE UNAVAILABLE FOR A NUMBER OF REASONS- SUCH AS FIRE, CONDEMNATION BY THE GOVERMENT, LOSS OF LEASE, REMODEL AND REPAIRS, ACT OF GOD, OR OTHER ACCIDENT.

13. RELOCATION OF CLUB: MEMBER MAY CANCEL MEMBERSHIP AND RECEIVE PRO RATED REFUND IF THE CLUB GOES OUT OF BUSINESS OR MOVES ITS FACILITIES MORE THAT 5 DRIVING MILES FROM ITS PRESENT LOCATION AND FAILS TO PROVIDE, WITHIN 30 DAYS, A FACILTY OF EQUAL QUALITY LOCATED WITHIN 5 DRIVING MILES FROM THE PRESENT LOCATION AT NO ADDITIONAL COST TO THE MEMBER.

14. DAY OF CANCELATION: MEMBER MAY CANCEL THE AGREEMENT AND MEMBERSHIP PENALTY-FREE WITHIN THREE 3 DAYS, EXCLUSIVE OF HOLIDAYS AND WEEKENDS, OF ITS MAKING EXCEPT THAT CLUB MAY RETAIN AN AMOUNT COMPUTED BY DIVIDING THE NUMBER OF COMPLETE DAYS IN THE CONTRACT TERM INTO THE TOTAL CONTRACT PRICE AND MULTIPLYING THE RESULT BY THE NUMBER OF COMPLETE DAYS THAT HAVE PASSED SINCE THE MAKING OF THE CONTRACT. WE RECOMMEND THE WRITTEN NOTICE BE MADE BY CERTIFIED MAIL. A REFUND SHALL BE ISSUED WITHIN 10 DAYS AFTER RECEIPT OF THE NOTICE OF CANCELLATION MADE WITHIN THE 3 DAY PROVISION.

15. DEATH OR DISABILITY: A PROVISION FOR THE CANCELLATION OF THE CONTRACT IF THE BUYER DIES OR BECOMES PHYSICALLY UNABLE TO AVAIL THEMSELVES OF A SIBTANTIAL PORTION OF THOSE SERVICES WHICH THEY USED FROM THE COMMECEMENT OF THE CONTRACT. UNTIL THE TIME OF DISABILITY, WILL REFUND OF FUNDS  PAID OR ACCEPTED IN PAYMENT OF THE CONTRACT IN AN AMOUNT COMPUTED BY DIVIDING THE CONTRACT PRICE BY THE NUMBER OF WEEKS REMAINING IN THE CONTRACT TERM. THE CONTRACT MAY REQUIRE A BUYER OR THE BUYERS ESTATE SEEKING RELIEF UNDER THIS PARAGRAPH TO PROVIDE PROOF OF DISAVILITY OR DEATH. A PHYSICAL DISABILITY SUFFICIENT TO WARRANT CANCELLATION OF THE CONTRACT BY THE BUYER SHALL BE ESTABLISHED IF THE BUYER FURNISH TO THE HEALTH STUDIO A CERTIFICATION OF SUCH DISABILITY, BY A PHYSICIAN LICENSED UNDER CHAPTER 458,459,460, OR 461.PROVIDED THE IAGNOSIS OR TREATMENT IS WITHIN THE PHYSICIANS SCOPE OF PRACTICE. (A REFUND WILL BE ISSUED WITHIN 30 DAYS)

16. NOTICE OF INTENT TO CANCEL BY THE BUYER SHALL BE GIVEN IN WRITING TO THE HEALTH STUDIO. SUCH NOTICE OF CANCELLATION FROM THE CONSUMER SHALL ALSO TERMINATE AUTOMATCIALLY THE CONSUMERS OBLIGATION TO ANY ENTITY TO WHOM THE HEALTH STUDIO HAS SUBROGATED OR ASSINED THE CONSUMER CONTRACT. IF ANY HEALTH STUDIO WISHES TO ENFORCE SUCH CONTRACT AFTER RECEIPT OF SUCH SHOWING. IT MAY REQUEST THE DEPARTMENT TO DETERMINE THE SUFFICIENCY OF THE SHOWING.

17. REFUND: IF THE DEPARTMENT OF CONSUMER SERVICES DETERMINES THAT A REFUND IS DUE TO THE MEMBER, THE REFUND SHALL BE AN AMOUNT COMPUTED BY DIVIDING THE CONTRACT PRICE BY THE NUMBER OF WEEKS IN THE CONTRACT TERM AND MULTIPLYING THE RESULT BY THE NUMBER OF WEEKS REMAINING IN THE CONTRACT TERM, THE CLUB SHALL NOT BE DEEMED OUT FOR BUSINESS WHEN TEMPORARILY CLOSED FOR REPAIR AND RENOVATION OF THE PREMISES OR UPON SALE FOR NOT MORE THAN 147 CONSECUTIVE DAYS OR DURING OWNERSHIP NOT FOR MORE THAT 7 CONSECUTIVE DAYS AND NOT MORE THAN TWO PERIODS OF 7 CONCECUTIVE DAYS IN ANY CALENDAR YEAR. (A REFUND WILL BE ISSUED WITHIN 30 DAYS AFTER RECIEPT OF THIS NOTICE)

18. CONSUMER AFFAIRS: AS A MEMBER, THE CLUB ADVISES YOU TO CONTACT THE DEPARMENT OF CONSUMER SERVICES AT THE DIVISION OF CONSUMER SERVICES, RHOHES BUILDING TALLAHASSEE, FL 32399-0800 WITHIN 60 ( SIXTY) DAYS FOR INFORMATION SHOULD THE CLUB GO OUT OF BUSINESS.

19. 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 BUSINIESS 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 PAY IN ADVANCE.

20. THIS HEALTH STUDIO REQUIRES THE MEMBER TO FURNISH IDENTIFICATION UPON ENTRY TO THE FACILITY AND AS A CONITION OF USING THE SERVICES OF THE HEALTH STUDIO SHALL PROVIDE THE MEMBER WITH THE MEANS OF SUCH IDENTIFICATION.