MEMBERSHIP REGISTRATION

Terms and conditions - EMS STRONG LLC d/b/a Elevate My Shape

These Terms & Conditions (“Terms”) govern the relationship between the Member (“Member”) and EMS STRONG LLC, doing business as Elevate My Shape, located at 1412 NE 4th Ave, Fort Lauderdale, FL 33304 (“Studio”). By using the Studio’s services, purchasing a membership, booking classes, or accessing the facility, the Member agrees to all provisions contained herein. EMS STRONG LLC is registered with the State of Florida as a health studio. Prior to entering into any agreement, Members have the opportunity to visit the facility, review these Terms, and become familiar with the services, policies, and operating procedures of the Studio.

1. Modification of Terms
The Studio reserves the right to modify, update, or amend these Terms at any time, including pricing, operational guidelines, or membership conditions. Any modifications will be communicated to Members, and continued use of the Studio constitutes acceptance of the updated Terms.

2. Prohibited Uses
Members agree not to use the Studio or its services for any unlawful or prohibited purpose. Prohibited activities include harassment, abuse, or threatening behavior; uploading or distributing unlawful, offensive, or infringing materials; violating intellectual property rights; introducing viruses or harmful software; interfering with other Members’ use of the Studio; or engaging in unauthorized commercial activities. The Studio reserves the right to deny or revoke access to anyone violating these rules.

3. Terms & Conditions of Purchase
These Terms apply to all individuals purchasing classes, memberships, or session packages. All payments are processed monthly through electronic funds transfer using the Member’s debit or credit card. Members must authorize recurring payments. Failure to attend classes does not relieve the Member’s duty to pay for membership or session packages.

Returned payments due to insufficient funds, closed accounts, or similar issues will result in the Member being charged any bank fee imposed on the Studio as well as a processing fee. The Studio may collect past-due balances in future billing cycles. If a Member initiates a credit card chargeback that is later resolved in the Studio’s favor, the Studio may charge a disputed-payment fee of up to $50.

Membership options include monthly training plans (Starter, Active, and Pro) and one-time session packs. Memberships automatically renew monthly and require a minimum commitment of three (3) months. After the initial commitment period, membership may be canceled with thirty (30) days’ written notice. Unused sessions do not roll over and must be used within the billing month. Session packs are valid for twelve (12) months. All payments are non-refundable, and memberships or packages cannot be shared, transferred, or reassigned. The Studio reserves the right to update pricing or terms with prior notice.

4. Classes
Members must follow class cancellation policies and provide at least forty-eight (48) hours’ notice to retain their class credit. The Studio may revoke class access without refund if a Member behaves in a manner deemed inappropriate, unsafe, disruptive, fraudulent, or unsanitary. The Studio may also require a Member to leave the premises if they pose a health or safety risk. Members must abide by all Studio rules and may not share or allow others to use their account to book or attend classes. Account sharing may result in suspension or termination of privileges.

5. Suspension Policy
Membership may be suspended for up to eighteen (18) months in cases of accident, illness, pregnancy, employer-mandated relocation, or economic layoff. Suspension takes effect one (1) month after the Studio receives a written request with valid supporting documentation.

6. Medical Considerations & Assumption of Risk
Members are strongly encouraged to consult with a physician before engaging in EMS training or any activity offered by the Studio, especially if they are elderly, pregnant, have a history of cardiovascular disease, high blood pressure, chronic conditions, or are unaccustomed to strenuous exercise. Pregnant women may not use EMS equipment. Members are responsible for learning proper equipment use and agree to assume all risks associated with EMS training. The Studio is not responsible for injuries or adverse health consequences resulting from misuse or failure to follow instructions.

7. Cancellation & Refund Policy (Per Florida Statutes §501.017)
Members may cancel their contract within three (3) days, excluding weekends and holidays, for a full refund minus the value of any services used. Refunds will be issued within thirty (30) days of written notice. Members may cancel and receive a refund if the Studio closes or relocates more than five (5) driving miles and does not provide an equivalent facility within thirty (30) days at no additional cost. Contracts may also be canceled in the event of death or physical disability, with refunds prorated based on remaining contract duration. Physician documentation may be required. If a Member relocates more than eighteen (18) miles from any Studio location, they may request termination or suspension. Cancellation for standard memberships requires thirty (30) days’ written notice; certain Platinum memberships require sixty (60) days during the first year and thirty (30) days thereafter.

8. Intellectual Property
All content, branding, equipment, images, videos, instructional materials, and other assets provided by EMS STRONG LLC are the exclusive property of the Studio and protected by copyright and intellectual property laws. Members may not copy, reproduce, modify, distribute, broadcast, or create derivative works from any content. Use is strictly limited to personal, non-commercial purposes.

9. Indemnification
Members agree to indemnify and hold harmless EMS STRONG LLC and its officers, employees, agents, and affiliates from any losses, liabilities, damages, or expenses arising from their use of the Studio, violation of these Terms, or violation of any laws or rights of third parties. The Studio reserves the right to assume exclusive legal defense of any matter subject to indemnification.

10. Liability Disclaimer
All services and information provided by the Studio are offered “as is” without warranty of any kind. The Studio does not guarantee specific fitness results or outcomes. To the fullest extent permitted by law, the Studio is not liable for any direct, indirect, incidental, or consequential damages arising out of Member participation or reliance on Studio services. Members’ sole remedy for dissatisfaction is to discontinue use of the Studio.

11. Force Majeure
The Studio shall not be liable for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, war, acts of terrorism, civil unrest, strikes, government restrictions, epidemics, or disruptions of transportation or communication systems. If such conditions persist for more than sixty (60) days, either party may terminate the contract.

12. Contract Duration
Contracts may not exceed thirty-six (36) months and may only be renewed annually thereafter. Renewal may not occur earlier than sixty (60) days prior to the expiration of the previous contract term.

13. Identification Requirements
Members must present valid identification upon entry and comply with Studio access procedures. The Studio will provide identification materials as required for facility use.

14. Regulatory Contact Information
In the event the Studio goes out of business or for unresolved disputes, Members may contact the Florida Department of Agriculture & Consumer Services (FDACS) within sixty (60) days for assistance or information.