Contract Waiver

Fuego Pilates is registered with the State of Florida as a Health Studio. Registration No. is HS16187.

1. AGREEMENT

This agreement (“Agreement”) is between Fuego Pilates, LLC (“Fuego Pilates”), having its primary fitness facility at 1326 Lafayette St. Cape Coral, FL 33904, and the undersigned member (“Member”). This Agreement is effective as of the execution date below.

2. MEMBERSHIP

Member selects the following membership option:

Month-to-month recurring memberships:
Members will need to pay ($) as described below via the designated billing company.

  • 4 classes/month autopay: $116
  • Founding member special 4 classes/month autopay: $96
  • 6 classes/month autopay: $156
  • Founding member special 6 classes/month autopay: $129.60
  • 8 classes/month autopay: $184
  • Founding member special 8 classes/month autopay: $153.60
  • 10 classes/month autopay: $210
  • Founding member special 10 classes/month autopay: $176
  • 12 classes/month autopay: $228
  • Founding member special 12 classes/month autopay: $192
  • Monthly unlimited with autopay: $279
  • Founding member special monthly unlimited with autopay: $229
  • Founding member round two special monthly unlimited with autopay: $239

Class packs:
Members will need to pay ($) as described below via the designated billing company.

  • First time member: $15, 2 classes/$30
  • Single drop in: $32
  • 5 class pack: $160
  • 10 class pack: $290
  • 20 class pack: $520
  • One year unlimited for the price of 9 months: $2,511
  • 6 months unlimited for the price of 5 months: $1,395

Sales Tax:
The above membership prices DO NOT include sales tax. Sales tax will be added to comply with Florida state rates. If sales tax rates increase during your membership, Fuego Pilates LLC may increase your dues accordingly via the Designated Billing Company.

Payments:
Member authorizes the Designated Billing Company selected by Fuego Pilates LLC to draw payments (checks, EFTs, charge cards) for dues, late fees, service fees, and purchases. Fuego Pilates LLC may change the billing company at any time. Terms will remain in effect and Member agrees to authorize the new company to draft their account.

Defaults:
If Member defaults on any payment obligation, Fuego Pilates LLC may declare the full remaining balance due. A default occurs if any payment is over 10 days late or other terms of the Agreement are violated. Fuego Pilates LLC may terminate access but may still require monthly payments.

  • Payments more than 10 days late: $20 late fee
  • Returned payments: $35 service fee
  • Member will cover collection costs including agency fees, court costs, and attorney fees.

3. RIGHT TO CANCEL

Members may cancel within 3 days (excluding weekends/holidays) by delivering written notice. A refund will be issued, minus used value. Refunds processed within 30 days.

4. BUSINESS CLOSURE

If the studio closes or moves over 5 miles and no comparable facility is offered within 30 days, the contract may be canceled and refunded.

5. NOTICE TO CANCEL

Member must submit written notice of cancellation. The obligation to any assigned contract is automatically canceled. The studio may request the Florida Department of Agriculture to review the sufficiency of the notice.

6. REFUND DETERMINATION

Refunds, if due, will be calculated based on the remaining weeks of the contract. Temporary closures for repair/sale (14 days) or maintenance (7 days, max twice/year) do not qualify as “out of business.” Refunds issued within 30 days.

7. STATE CONTACT

Contact the Florida Department of Agriculture & Consumer Services within 60 days if the studio goes out of business.

8. DEATH OR DISABILITY

Contract can be canceled if the buyer dies or becomes disabled. Refund will be calculated based on remaining contract weeks. Proof of disability by a licensed physician is required. Refunds issued within 30 days.

9. TERM LIMIT

Initial contracts will not exceed 36 months and may only be renewed annually. Renewal may occur only within 60 days of expiration.

10. IDENTIFICATION

If required, the studio will provide necessary identification for access.

11. NO SHOW & LATE CANCEL FEES

Applies to class packs, limited, and unlimited plans:

  • Late cancel fee: $12
  • No show fee: $25
  • Must cancel 8+ hours in advance to avoid fees.

12. CLASS PACK EXPIRATION

  • Single drop-in: 1 month
  • 5 class pack: 1 month
  • 10 class pack: 2 months
  • 20 class pack: 3 months

13. WAIVER

Failure by Fuego Pilates LLC to enforce any provision does not waive that provision or future enforcement.

14. GOVERNING LAW

This Agreement is governed by Florida law. Member consents to exclusive jurisdiction of Florida state and federal courts, waives claims of inconvenience, and agrees to resolve all disputes in Florida.

15. SEVERABILITY

If any part of this Agreement is deemed unenforceable, the remainder shall remain in effect.

16. AMENDMENT

No changes to this Agreement shall be valid unless made in writing and signed by both parties.

17. LOST ARTICLES

Fuego Pilates LLC is not responsible for lost/stolen items. Items left unclaimed after 30 days may be donated or discarded.

18. DAMAGES

Members are responsible for damages caused by themselves, guests, or dependents.

19. HOURS OF OPERATION

Fuego Pilates LLC sets and may change hours, rules, programming, staff, and equipment at its discretion. No refunds will be given for such changes.

20. MEMBERSHIP FREEZE POLICY

Yearly Members may freeze their membership for medical reasons (30–90 days). Documentation may be required. Payments will pause and the membership term will extend accordingly. Usage of studio ends the freeze.

21. MILITARY MEMBERS

Yearly Members deployed or assigned to active duty may freeze their membership during their absence with documentation. The term will be extended by the freeze duration.

22. CONTACT METHODS

Member authorizes Fuego Pilates LLC to contact them via email, phone, or other means using contact details provided. This includes autodialed or pre-recorded telemarketing calls or texts, with consent not being a purchase condition.

23. ENTIRE AGREEMENT

This Agreement, along with Rules and Regulations (Exhibit “A”) and the Participant Agreement, Waiver, and Release of Liability, forms the entire agreement. Any external promises or understandings not contained herein are waived.