For each new membership commitment, acceptance of the following terms and conditions is required in order to access and use the services provided by Iron Bodyfit.

Automatic Renewal

All memberships are subject to automatic renewal at the end of the initial commitment period, for the same duration and session frequency (1 or 2 sessions per week), unless cancelled in accordance with the notice requirements outlined below. Upon renewal, the membership remains subject to the same terms and conditions as the initial agreement.

Month-to-Month Membership

• Automatically renews on a monthly basis.
• A written notice of thirty (30) days is required prior to the next billing date to cancel.

Fixed-Term Memberships (3, 6, and 12 Months)

• Automatically renew for the same commitment period:
  • 3-month membership renews for 3 months
  • 6-month membership renews for 6 months
  • 12-month membership renews for 12 months
• After an automatic renewal, a written notice of thirty (30) days is required to cancel.

To cancel a membership, a written notice must be sent by email to: coralgables@ironbodyfit.us

Early Termination Fees (Fixed-Term Memberships)

If a fixed-term membership is cancelled before completion of the initial commitment period, the following early termination fees will apply:

• 3-month membership: fee equivalent to two (2) months
• 6-month membership: fee equivalent to three (2) months
• 12-month membership: fee equivalent to four (3) months

The cancellation will become effective at the end of the applicable notice period. No further charges will apply beyond that date. A confirmation email will be sent within forty-eight (48) hours after the request has been processed.

No Refund Policy

All memberships are non-refundable. Sessions do not roll over beyond their validity period, and any unused sessions will be forfeited.

Important Membership Information

Memberships are billed on a monthly basis and are not session-based. The ability to reschedule or make up sessions is offered as a courtesy and does not convert the membership into a session package, nor does it entitle the member to credits, refunds, or extensions.

Terms and Conditions for Iron Bodyfit (VIBEAT LLC)

TERMS AND CONDITIONS for VIBEAT LLC doing business as Iron Bodyfit at 1410 Ponce de Leon Blvd, Coral Gables, FL, 33134.

Welcome to Iron Bodyfit (the “Studio”). The Studio is operated by VIBEAT LLC and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). This agreement sets forth the legally binding terms for your use of the Studio. If you do not agree with all the provisions of this agreement, do not access and use the Studio.

VIBEAT LLC is registered with the state of Florida as a health studio, registration No H16039. You acknowledge that prior to the subscription of this contract, the Member was able to visit the studio's facility, learn about the proposed services, the opening hours, as well as the content of this contract and the studio's internal regulations.

MODIFICATION OF THESE TERMS OF USE

The Studio reserves the right to modify these Terms at any time. Any such modifications shall be effective immediately upon posting of the updated Terms at the Studio or on the Studio’s website. Members will be notified of material changes and continued use of the Studio’s services constitutes acceptance of the revised Terms.

NO UNLAWFUL OR PROHIBITED USE

Members agree to use the Studio’s facilities and services only for lawful purposes and in compliance with all applicable federal, state, and local laws. Members shall not engage in any activity that may:

• Cause damage to the Studio’s property, facilities, or equipment.
• Interfere with or disrupt the experience of other Members.
• Violate health, safety, or professional conduct standards.
• Engage in fraud, misrepresentation, or unauthorized commercial activities.
• Attempt to gain unauthorized access to the Studio’s systems or services.
• Use the Studio’s premises for any purpose not related to its intended fitness and wellness operations.
• Engage in any conduct that the Studio deems inappropriate, offensive, or disruptive to its business operations.

The Studio reserves the right to immediately terminate any membership or remove any individual violating these provisions without prior notice or refund.

USE OF COMMUNICATION SERVICES

The Studio may provide communication features such as bulletin board services, chat areas, forums, communities, personal web pages, calendars, and/or other message or communication services (collectively, "Communication Services") to facilitate interaction among Members. Members agree to use these services responsibly and shall not:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
• Upload files that contain software or other material protected by intellectual property laws or by rights of privacy unless they own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or device.
• Advertise or offer to sell or buy any goods or services for any business purpose unless the specific Communication Service allows such messages.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Download any file posted by another user of a Communication Service that they know, or reasonably should know, cannot be legally distributed in such a manner.
• Falsify or delete any author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of software or other material contained in an uploaded file.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines that may apply to a specific Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations while using the Communication Services.

The Studio is not obligated to monitor the Communication Services but reserves the right to review materials posted and remove any content in its sole discretion. The Studio also reserves the right to terminate access to any or all Communication Services at any time without notice for any violation of these terms.

MEDIA RELEASE

Members acknowledge and agree that the Studio may take photographs and videos during training sessions, events, and classes. By participating in Studio activities, Members expressly grant the Studio the right to use their likeness, image, and appearance in any Studio promotional materials, social media platforms, and websites without limitation of duration and without any compensation. Members who do not wish to be photographed or recorded must provide written notice to the Studio prior to participation.

TERMS & CONDITIONS OF PURCHASE

These Terms & Conditions of Purchase apply to everybody who purchases any type of class, series of classes, or package of classes (“Member”).

FEES AND PAYMENTS

Form of Payment: All payments are payable via ACH transfer, credit card, or debit card. Members must authorize recurring payments through a third-party electronic payment system.

Non-Refundable Payments: Members remain obligated to pay the full agreed amount regardless of usage.

Returned Payment Penalty: Any returned payment due to insufficient funds, closed accounts, or blocked payments will incur a $20 fee per occurrence.

Disputed Charge Penalty: Members initiating a chargeback later resolved in the Studio’s favor will be charged $100 per occurrence.

Membership Fees:

Sapphire (month-to-month) 325$/Month*(max 1 session per week) - Sapphire (month-to-month) 549$/Month*(max 2 session per week)
Silver Membership 3 Month 275$/Month* (max 1 session per week) - Silver Membership 3 Month 450$/Month* (max 2 session per week)
Gold Membership 6 Month 225$/Month* (max 1 session per week) - Gold Membership 6 Month 350$/Month* (max 2 session per week)
Platinium Membership 12 Month 195$/Month*(max 1 session per week) - Platinium Membership 12 Month 320$/Month*(max 2 session per week)

CLASSES

1. Session Reservations

Members must reserve sessions in advance through the Studio’s designated booking system. Session availability is subject to scheduling, staffing, and capacity constraints. Session reservations grant access to training during the scheduled time only and do not represent the purchase of individual classes or session credits.

2. Cancellations & No-Show Policy

Cancellations must be made at least forty-eight (48) hours prior to the scheduled session time. Late cancellations or failure to attend a scheduled session (“no-show”) will result in the session being forfeited for that week. No refunds, credits, rescheduling rights, or extensions apply to missed or forfeited sessions. Repeated no-shows may result in account restrictions or suspension at the Studio’s discretion.

3. Membership-Based Session Usage

All Iron Bodyfit memberships are monthly subscriptions and are not sold on a per-session, per-class, or package basis. The number of sessions per week associated with a membership represents a maximum weekly usage allowance, not guaranteed session credits. Missed, unused, or forfeited sessions:

• do not accumulate, do not roll over, have no cash value, and expire at the end of the applicable billing period.

Any ability to reschedule or recover a missed session is provided solely as a courtesy, subject to availability, and does not create any contractual right or financial entitlement.

4. Attendance, Conduct & Eligibility

The Studio reserves the right to refuse access or participation to any Member who:

• engages in unsafe, disruptive, or inappropriate behavior;
• violates Studio rules or interferes with other Members’ experience;
• fails to comply with dress code or hygiene standards;
• presents a health or safety risk to themselves or others;
• attempts to share or transfer their membership.

5. Membership Freeze (Temporary Suspension)

Members may request a temporary suspension of their membership for medical reasons or permanent relocation, subject to the following conditions:

• maximum suspension of one (1) month per calendar year;
• requests must be submitted in writing with supporting documentation;
• suspended periods do not extend the original contract term unless expressly approved in writing by the Studio.

6. Schedule Changes & Availability

The Studio reserves the right to modify session schedules, instructors, formats, and availability at any time. Sessions may be canceled or rescheduled due to maintenance, staffing, safety concerns, or force majeure events. Such changes do not entitle Members to refunds, credits, or extensions.

MEDICAL RECOMMENDATIONS, ORIENTATION, AND ASSUMPTION OF RISK

1. Medical Awareness & Assumption of Risk

Members acknowledge that participation in Electro Muscle Stimulation (EMS) training and any Studio activities carries inherent risks, including but not limited to:

• Muscle strain, tendon or ligament injuries
• Cardiac events, high blood pressure complications
• Nerve damage, spinal cord injury, paralysis
• Respiratory distress, stroke, or even death

⚠️ The Studio cannot, and does not, guarantee that any facility, class, or equipment is free of risk of any and all accidents or injuries of any kind (including death). Members voluntarily assume all risks associated with participation.

The Studio does not provide medical evaluations and makes no representations regarding the Member’s health status. It is the sole responsibility of the Member to determine whether they are physically fit for participation.

Members are advised that if they have concerns about their health or physical ability, they should consult a licensed medical professional at their own discretion before using the Studio’s facilities or services.

2. Health Conditions Prohibiting Participation

For safety reasons, individuals with the following conditions are strictly prohibited from using EMS training due to significant health risks:

• Electrical implants (e.g., pacemakers, neurostimulators)
• Pregnancy
• Brain disorders
• Multiple sclerosis
• Amyotrophic lateral sclerosis (ALS)
• Familial spastic paraplegia
• Parkinson’s disease
• Spasticity
• Epilepsy
• Stents or bypass surgeries performed less than six (6) months ago
• Thrombosis, thrombophlebitis
• Tumors or cancer

Members with pre-existing medical conditions not listed above must acknowledge that participation may still pose a risk and assume full responsibility for their decision to engage in EMS training.

3. Medical Disclaimer

The Studio makes no claims as to medical or fitness results that can or may be obtained through the use of its facilities, equipment, or services. The Studio has neither suggested nor will suggest any medical treatment to Members. Only licensed medical professionals are qualified to give medical advice. The Studio shall not be liable for any adverse health consequences resulting from participation.

4. Member’s Health Warranty

By enrolling or participating in any of the Studio’s classes or using its facilities, the Member represents and warrants that:

• They are in good medical and physical condition, and their participation does not pose any health risks.
• They have no medical or physical conditions that would preclude their participation or create an increased risk of injury.
• They have not been instructed or advised by any physician against participating in strenuous physical activities, EMS training, or using the Studio’s facilities.

If any medical condition arises after enrollment, the Member must immediately discontinue participation and notify the Studio.

5. Member Waiver, Release, and Indemnity

By attending classes or otherwise participating in Studio activities, Member, on behalf of themselves, their heirs, assigns, and legal representatives, expressly agrees to forever discharge, waive, and release VIBEAT LLC and its affiliates from any and all claims, demands, injuries, liabilities, actions, causes of action, and from all acts of active or passive negligence on the part of the Released Parties.

⚠️ This includes, but is not limited to, bodily injury, mental injury, permanent disability, paralysis, death, and/or property damage resulting from or connected with the use of the Studio’s classes, services, and facilities.

Additionally, Member and their guests shall hold the Released Parties harmless from any loss, theft, cost, claim, injury, damage, or liability incurred due to their use of the Studio and associated activities.

6. Personal Responsibility & Conduct

• Members shall not use any Studio facility, service, or equipment in a way that endangers their own health or safety or that of others.
• Members shall be fully responsible for any property damage or personal injury caused by themselves or their guests.
• Members must comply with all Studio rules, policies, and staff directives.
• Failure to comply may result in immediate termination of membership without refund.

7. Cancellation & Refund Due to Death or Medical Disability

If a Member passes away or becomes physically unable to use the Studio’s services, they (or their legal representative) may cancel the contract. A refund will be issued based on the unused portion of the contract, computed by dividing the total contract price by the number of weeks in the contract term and multiplying by the number of weeks remaining. Proof of disability must be provided through a physician’s certification, as per Florida Statutes Chapters 458, 459, 460, and 461.

________________________________________8. Legal Protection & Prohibition of Lawsuits Against the Studio

Members agree that they will not initiate or be part of any legal claim against the Studio. No legal claim shall be brought against the Studio under any circumstances, including allegations of negligence. If a lawsuit is filed against the Studio in violation of this agreement, the Member shall be responsible for all legal costs, attorney fees, and court expenses incurred by the Studio in defending itself.

________________________________________9. Loss of Property

Members are strongly advised not to bring valuables to the Studio. The Studio shall not be liable for the loss, theft, disappearance, or damage of personal belongings (including but not limited to money, jewelry, electronic devices, or other valuables). Any lost items not claimed within 30 days shall be disposed of at the Studio’s discretion.

STUDIO RULES AND REGULATIONS

Member and Guest Compliance: Members and their guests must abide by all Studio rules, policies, and any amendments or modifications made by the Studio at its discretion. Failure to comply may result in suspension or termination of membership without refund.

Pets Policy: No pets are allowed within the Studio premises, except for certified service animals as defined under the Americans with Disabilities Act (ADA).

Dress Code: Proper athletic attire, including clean and appropriate workout clothing, must be worn at all times. The Studio reserves the right to deny entry to any Member not adhering to the dress code.

Independent Contractors: The Studio may engage independent contractors to provide specialized services. The Studio does not warrant or guarantee the quality or outcomes of services provided by these independent contractors. Members acknowledge that any disputes with independent contractors shall be handled directly with them.

Guest Policy: Guests may only use the Studio under the supervision of a registered Member and must comply with all rules and regulations. Guests must register at the front desk and sign a waiver of liability before using the facilities. The Studio reserves the right to limit guest visits and impose additional fees.

Special Events: The Studio reserves the right to close its facilities for private events, workshops, competitions, or maintenance as needed. Notice of such closures will be provided in advance whenever possible.

Change in Operating Hours / Temporary Closures:

• The Studio may adjust operating hours, class schedules, and facility availability at its discretion.
• Temporary closures due to maintenance, repairs, force majeure, or unforeseen circumstances may occur.
• The Studio is not obligated to provide refunds for temporary closures, provided that reasonable efforts are made to minimize disruption.

Children’s Use Policy:

• Children under the age of 18 are strictly prohibited from using the Studio’s facilities unless granted special permission by Studio management.
• Parents or guardians must supervise minors at all times and assume full responsibility for their conduct and safety.

Prohibited Conduct: Members and guests must not engage in any behavior that:

• Compromises the safety of themselves or others.
• Harasses, intimidates, or threatens staff, members, or guests.
• Results in damage to equipment, facilities, or property.
• Violates local, state, or federal laws.
• Interferes with the enjoyment of other Members.
• Uses Studio facilities for any unauthorized commercial, promotional, or personal training activities without written consent from Studio management.

Studio Authority & Enforcement:

The Studio reserves the right to warn, suspend, or permanently ban any Member or guest who fails to comply with these rules. Any violation of the Studio’s rules may result in immediate termination of membership without refund. The Studio's management has full discretion in enforcing these regulations to maintain a safe and professional environment.

________________________________________MISCELLANEOUS

1. Non-Discrimination Policy

The Studio strictly prohibits any form of discrimination based on race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, gender identity, or any other legally protected status. All members and guests must be treated with dignity and respect. Any violation of this policy may result in immediate termination of membership without refund.

2. Waiver of Rights and No Implied Waiver

Failure of the Studio to enforce any provision of these Terms at any given time shall not constitute a waiver of its rights to enforce the same or any other provision in the future. No verbal modifications or waivers shall be recognized unless explicitly agreed upon in writing by an authorized Studio representative.

3. Severability Clause

If any provision of these Terms and Conditions is determined by a court of law to be invalid, unenforceable, or void, the remainder of the agreement shall remain in full force and effect. The invalidated clause shall be modified to the maximum extent permitted by law to maintain its intended effect.

4. Governing Law & Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes or legal proceedings related to this agreement shall be exclusively handled in the state or federal courts located within Florida, and Members expressly agree to submit to the jurisdiction of these courts.

5. Entire Agreement

These Terms and Conditions, along with any policies or rules posted within the Studio or on the Studio’s website, constitute the entire agreement between the Member and the Studio, superseding any prior agreements, representations, or understandings, whether written or oral. Any modification to this agreement must be in writing and signed by an authorized representative of the Studio.

6. Force Majeure

The Studio shall not be held liable for failure or delay in performing its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government restrictions, power failures, or other emergency situations. The Studio reserves the right to modify operations, temporarily close, or terminate memberships in response to such events.

7. No Third-Party Beneficiaries

These Terms are intended solely for the benefit of the Member and the Studio. No third party shall have any rights under this agreement or be entitled to enforce any of its terms.

8. Electronic Signature & Acceptance

By signing electronically or physically, Members acknowledge that they have read, understood, and agreed to all terms contained in this agreement. Electronic acceptance shall be deemed equivalent to a physical signature.

MEMBERSHIP CANCELLATION & REFUND POLICY

1. Three-Day Right of Cancellation (Florida Statutes §501.017)

Members may cancel this contract without penalty within three (3) business days, excluding weekends and legal holidays, from the date of execution. Written notice must be delivered or emailed to the Studio. Any amounts paid shall be refunded within thirty (30) days, less any proportional charges for services already rendered, as permitted by Florida law.

2. Month-to-Month Membership (Sapphire)

Month-to-month memberships renew automatically on a monthly basis. A minimum of thirty (30) days’ written notice is required to cancel prior to the next billing date. No early termination fees apply to month-to-month memberships. All payments made prior to the effective cancellation date are non-refundable.

3. Fixed-Term Memberships (3, 6, and 12 Months)

Fixed-term memberships automatically renew for the same initial commitment period unless canceled in accordance with the notice requirements below. A thirty (30) day written notice is required after any automatic renewal. Memberships are billed monthly and are not session-based. Early Termination Fees (before completion of the initial commitment): 3-Month Membership: fee equivalent to two (2) months of membership dues 6-Month Membership: fee equivalent to three (2) months of membership dues 12-Month Membership: fee equivalent to four (3) months of membership dues Early termination fees are due immediately upon cancellation and are non-refundable.

4. Cancellation Due to Death or Permanent Medical Disability

If a Member passes away or becomes permanently and physically unable to use a substantial portion of the Studio’s services, the contract may be canceled. Any refund will be calculated based on the remaining unused portion of the contract term. A physician’s certification from a healthcare professional licensed under Florida Statutes Chapters 458, 459, 460, or 461 is required. Refunds, if applicable, will be processed within thirty (30) days after receipt of valid documentation.

5. Member Relocation

If a Member permanently relocates at least eighteen (18) miles from the Studio, the Member may request cancellation. Early termination fees applicable to the membership term shall apply. Relocation does not waive contractual obligations or early termination fees.

6. Studio Relocation or Closure

If the Studio permanently closes or relocates more than five (5) miles from its current location and fails to provide a comparable facility within thirty (30) days, Members may cancel and receive a refund for the unused portion of their contract, in accordance with Florida law

7. Notice of Cancellation

All cancellation requests must be submitted exclusively in writing by email to coralgables@ironbodyfit.us. This email is the sole and exclusive method to request a membership cancellation. Text messages, phone calls, voicemails, in-person requests, or messages sent through social media platforms will not be accepted and will not be considered valid notice of cancellation. The cancellation becomes effective at the end of the applicable notice period. No refunds shall be issued for payments made prior to the effective cancellation date, except where expressly required by Florida law.

8. Non-Refundable Payments & Sessions

All memberships are non-refundable. Unused sessions, missed appointments, or no-show sessions are forfeited and will not be refunded, credited, or carried forward.

9. Regulatory Oversight

In the event of Studio closure, Members may contact the Florida Department of Agriculture and Consumer Services (FDACS) within sixty (60) days for assistance.

NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY

1. Prohibited Use

Members agree not to engage in any unlawful or unauthorized use of the Studio’s facilities, services, or digital platforms. This includes but is not limited to:

1.1 Unauthorized Access: Attempting to hack, modify, or gain unauthorized access to the Studio’s systems, networks, or databases.
1.2 Improper Use of Facilities: Using the Studio’s premises for non-fitness-related activities or commercial purposes without express written permission from management.
1.3 Behavioral Violations: Engaging in harassment, discrimination, defamation, or any conduct that disrupts the experience of other Members or staff.
1.4 Legal Compliance: Violating any local, state, or federal laws while using the Studio’s services.

The Studio reserves the right to immediately terminate any membership or deny access to any individual found in violation of these rules.

2. Intellectual Property Rights

All logos, brand names, content, training methodologies, materials, website content, images, and videos used by the Studio are protected under intellectual property laws.

2.1 Unauthorized Reproduction: Members agree not to copy, reproduce, distribute, or exploit any of the Studio’s proprietary content for personal or commercial use without prior written consent.
2.2 Commercial Use Restrictions: Members cannot use the Studio’s intellectual property for profit or promotional purposes without express authorization.

Unauthorized use of the Studio’s intellectual property may result in immediate termination of membership and legal action.

3. Use of Studio Images and Videos

The Studio reserves the right to take photographs and videos within its premises for marketing and promotional purposes.

3.1 Grant of Rights: By signing this agreement, Members grant the Studio a perpetual, worldwide, royalty-free license to use their image, likeness, and voice in:

• Marketing materials
• Website content
• Social media platforms

3.2 Opt-Out Procedure: If a Member wishes to opt out of appearing in promotional content, they must submit a written request to the Studio prior to their participation in any classes or activities.

4. Content Sharing & Social Media Policy

4.1 Personal Social Media Use: Members are encouraged to share their fitness journey on social media; however, they must not misrepresent or defame the Studio in any form.

4.2 Unauthorized Recording: Recording of classes, private training sessions, or coaching methodologies is strictly prohibited without prior approval from Studio management

4.3 Studio Content Protection: The Studio retains the right to request the removal of any unauthorized content that misuses its branding, intellectual property, or training methods.

INDEMNIFICATION

Member’s Indemnification Obligations

The Member agrees to indemnify, defend, and hold VIBEAT LLC, its officers, directors, employees, agents, and affiliates harmless from any claim, demand, loss, liability, cost, or expense (including reasonable attorney fees and court costs) arising directly or indirectly from:

• The use of the Studio’s services, equipment, or facilities;
• Any violation of these Terms and Conditions by the Member;
• Any damage caused to a third party (guest, staff, or other members) due to the Member’s actions;
• Any claim based on bodily injury, property damage, or any other form of economic loss suffered within the Studio.

Assumption of Legal Defense Costs

In the event of a dispute, VIBEAT LLC reserves the right to assume its own legal defense, at the Member’s expense, if the Member is found liable for any damage or claim arising from their conduct.

Member’s Liability for Guests

The Member also agrees to indemnify VIBEAT LLC for any claims, actions, or disputes involving their guests within the Studio, including non-compliance with Studio rules.

Waiver of Legal Claims

The Member acknowledges that participation in Studio activities is at their own risk and agrees to waive any legal action against VIBEAT LLC, its employees, or contractors for any incident related to the use of services, including in cases of serious injury, medical complications, or death.

Indemnification for Collection Costs

In the event of non-payment of membership fees, additional charges, or any outstanding debts owed to the Studio, the Member agrees to reimburse VIBEAT LLC for all collection costs incurred, including legal fees, attorney fees, and administrative costs.

LIABILITY DISCLAIMER & FORCE MAJEURE

1. Liability Disclaimer

The Studio provides its services "as is", making no guarantees or representations regarding accuracy, reliability, or availability. The Studio reserves the right to modify, suspend, or terminate any service, facility, or operation at its sole discretion and without prior notice.

Members may not rely on any information provided by the Studio as a substitute for professional medical, financial, or legal advice. The Studio and its affiliates disclaim all warranties, including implied warranties of merchantability or fitness for a particular purpose.

To the fullest extent permitted by law, the Studio shall not be liable for:

• Any injury, illness, or medical condition (including but not limited to paralysis, cardiac issues, or death) resulting from participation in Studio activities.
• Loss of property, theft, or financial damages incurred while using the Studio’s services.
• Missed sessions, membership fees, or service interruptions due to unforeseen circumstances.
• Any direct, indirect, incidental, special, or consequential damages arising from use of the Studio’s facilities, classes, or services.

Members assume full responsibility for their own health and safety. The Studio is not responsible for accidents, injuries, or medical complications resulting from EMS training, fitness classes, or any other Studio activities.

2. Force Majeure Clause

The Studio shall not be held liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:

• Natural disasters (fire, flood, hurricane, earthquake, pandemic, epidemic).
• Government-mandated closures or restrictions.
• Civil disturbances, war, terrorism, labor strikes, or industrial actions.
• Utility failures, power outages, or disruptions in telecommunication networks.

If the Studio is unable to operate for more than 60 consecutive days due to force majeure conditions, members may request contract termination. No refunds, credits, or compensation shall be issued for membership fees or missed sessions due to such circumstances.

3. Dispute Resolution & No Lawsuits Clause

By signing this agreement, members waive the right to file lawsuits against the Studio for any claim related to injuries, damages, or service interruptions. Any disputes must be resolved via binding arbitration under Florida law.

MEDICAL WAIVER AND RELEASE OF LIABILITY

1. ASSUMPTION OF RISK & MEDICAL DISCLOSURE

I, the undersigned, acknowledge that Electro Muscle Stimulation (EMS) training involves physical exertion and potential health risks, including but not limited to muscle strain, cardiovascular stress, dizziness, fainting, or other medical complications.

I certify that I am in good physical health and have no medical conditions that would prevent me from safely participating in EMS training.

2. CONTRAINDICATIONS TO EMS TRAINING

I understand that EMS training is strictly prohibited for individuals with the following conditions:

🚫 Absolute Contraindications (EMS training is NOT allowed under any circumstances):

• ✅ Electrical implants (e.g., pacemakers, neurostimulators)
• ✅ Pregnancy
• ✅ Brain disorders
• ✅ Multiple sclerosis
• ✅ Amyotrophic lateral sclerosis (ALS)
• ✅ Familial spastic paraplegia
• ✅ Parkinson’s disease
• ✅ Spasticity
• ✅ Epilepsy
• ✅ Stents or bypasses within the last 6 months
• ✅ Thrombosis, thrombophlebitis
• ✅ Tumors or cancer

⚠ Conditions Requiring Medical Clearance Before Participating in EMS Training:

• ✅ Bacterial infections or inflammatory processes
• ✅ Skin rashes, open wounds, eczema
• ✅ Sunburns, burns (do not place electrodes on affected areas)
• ✅ Skin incompatibilities
• ✅ Recent surgeries (within the last 6-8 weeks)
• ✅ Advanced arteriosclerosis, arterial circulation problems
• ✅ Untreated hypertension
• ✅ Arrhythmias
• ✅ Hemophilia
• ✅ Severe forms of diabetes mellitus
• ✅ Acute arthritis
• ✅ Progressive muscular dystrophy
• ✅ Untreated abdominal wall or groin hernias
• ✅ Acute back problems without a medical diagnosis
• ✅ Acute neuralgia, herniated discs
• ✅ Lymphedema
• ✅ Internal organ disorders

By signing this agreement:

• I acknowledge that I have disclosed any of the above conditions that apply to me.
• If I have a condition requiring medical clearance, I confirm that I have obtained and provided a valid medical certificate from a licensed physician stating that I am fit to participate in EMS training.
• If I fail to provide a medical certificate when required, I accept full responsibility for any risks associated with my participation.

3. GENERAL WAIVER & RELEASE OF LIABILITY

I hereby release, waive, and discharge Iron Bodyfit Coral Gables - VIBEAT LLC, its owners, employees, trainers, and affiliates from any and all claims, liabilities, or causes of action arising from my participation in EMS training or my presence within the studio, including but not limited to:

• Injuries sustained before, during, or after training sessions.
• Falls, dizziness, fainting, or medical incidents occurring anywhere inside the studio, including training areas, restrooms, locker rooms, fitting rooms, or common spaces.
• Accidents resulting from the use of any equipment, flooring, or facilities within the studio.
• Slips, trips, or falls caused by wet floors, uneven surfaces, or any other hazards within the premises.

I fully understand that Iron Bodyfit Coral Gables - VIBEAT LLC is not responsible for any injuries, medical complications, or adverse health effects that may result from my participation in EMS training or from simply being present within the facility. I voluntarily assume all associated risks.

4. EMERGENCY MEDICAL CONSENT

In the event of a medical emergency, I authorize Iron Bodyfit Coral Gables - VIBEAT LLC to seek medical assistance on my behalf if I am unable to do so. I understand that Iron Bodyfit Coral Gables - VIBEAT LLC is not financially responsible for any emergency medical treatment, hospitalization, or related expenses incurred.

5. DURATION & VALIDITY

This waiver and release of liability shall remain in full force and effect indefinitely, covering all future participation in EMS training or presence within Iron Bodyfit Coral Gables - VIBEAT LLC. It will only be revoked if explicitly requested in writing by the undersigned or if Iron Bodyfit Coral Gables - VIBEAT LLC provides an updated version requiring a new signature.

6. ACKNOWLEDGMENT & SIGNATURE

By signing below, I confirm that:

• ✅ I have read and fully understood this Medical Waiver and Release of Liability Agreement.
• ✅ I confirm that I do not have any absolute contraindications listed above.
• ✅ If I have a condition requiring medical clearance, I have provided a valid medical certificate, or I accept full responsibility for any risks associated with my participation.
• ✅ I understand and accept that Iron Bodyfit Coral Gables - VIBEAT LLC is not liable for injuries, accidents, or medical conditions occurring before, during, or after training, and anywhere inside the studio premises.
• ✅ I voluntarily participate in EMS training at my own risk.