Membership Agreement & Waiver

PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which

the membership became activated, for the following month. Regular monthly dues apply thereafter.

Private training packages are billed in-full at the time of purchase. Monthly membership payments shall

be made the same day each month (ex. if the membership was activated on May 3rd, the next billing date

is June 3rd), on a month-by-month basis, via automatic drafted payment (credit card, debit card, or

automatic checking account draft). Additional terms regarding the automatic drafted payments are

outlined below.

In the event of a declined credit card/debit card, the client’s membership will be immediately cancelled,

REFUND POLICY: All sales are final and non-refundable. No exceptions.

RESERVING 1-ON-1 SESSIONS: Clients are responsible for the booking and cancelling of their

sessions. Clients may reserve sessions by speaking to the trainer directly via online or in-person, or

by calling during normal business hours and confirming with staff.

SIGN-IN: Clients are required to enter their scheduled session at their scheduled start time. If a client

does not enter their session by this time, they are still able to train but the session will end at the original

designated end time. For example, if a client shows up to their 45-minute session at 6:00 and the

scheduled start time was at 5:45, the session will end at 6:30, resulting in a 30-minute workout.

SESSION CANCELLATIONS: Private sessions may be cancelled without penalty by cancelling up to six (6) hours

prior to the session start time. This may be done by calling the gym or trainer directly during regular

operating hours and confirming with staff/trainer. Once the session is cancelled within this time, the

session will be rescheduled and the client will not face cancellation penalty. Cancellations via electronic

mail (email), Facebook messenger, Instagram or other social media, voice message, text message are

NOT valid. The no-show/late-cancellation penalty for the 1-on-1 package is equivalent to the use of said

scheduled session. Missed scheduled session will still be counted as a used session. The no-show and

late-cancellation penalty applies to ALL clients equally, regardless of special package pricing or

membership.

CREDIT/DEBIT CARD ON FILE: Clients are required to keep a credit/debit card on file. By placing a

card on file, the cardholder gives permission to MCKO staff to charge the card for any auto-draft

packages/memberships and/or cancellation fees accrued in accordance with the MCKO Boxing

cancellation policy detailed above.

AUTO-DRAFT: By enrolling in an auto-draft contract, you authorize MCKO Boxing to, on a recurring

basis, automatically charge the debit or credit card you specified, for the monthly payments on your

auto-draft plan associated with your account, on the billing due date. You understand and acknowledge

that (1) MCKO Boxing will initiate transfers/charges pursuant to this authorization not to exceed the

amount shown on your Membership Agreement and/or in connection with cancellation fees per the

cancellation policy. MCKO Boxing may discontinue processing of recurring charges if it is unable to

secure funds from your debit/credit card due to, but not limited to, insufficient or uncollected funds in the

account or insufficient or inaccurate information provided; (2) if you are booked in a class past the

subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any

classes past the subsequent billing date and notified via phone call or in-person; (3) it is your

responsibility to keep a current/active card on file with accurate billing information. MCKO Boxing cannot

be held responsible for errors in processing due to expired or inaccurate information.

You may cancel this Membership Agreement at any time. You must provide MCKO Boxing a

written notice of your intent to cancel, no less than 1 (one) day prior to the due date of your next

billing payment. Failure to provide timely notice will result in a charge for the full amount of your

next billing payment.

CONDUCT/DAMAGES: MCKO Boxing is committed to the health, safety, and welfare of each of its

members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal

behavior. Clients who do not observe MCKO Boxing’s rules and regulations or who abuse equipment in

any fashion will be asked to leave. MCKO Boxing has the right to judge behavior and respond

accordingly. This right includes, but is not limited to termination of a membership without refund to any

member engaging in unacceptable behavior. The member shall pay for any damages to MCKO

Boxing’s property which results from the willful or negligent conduct of any client, client’s guest, or

client’s dependent children. Not all rules and regulations are listed in this agreement. MCKO Boxing

reserves the right to add, change or remove rules, conditions of membership, opening and closing

hours, and all services and facilities offered by MCKO Boxing.

PHOTO/VIDEO RELEASE: You hereby grant MCKO Boxing, its representatives, employees, or agents

the right to take photographs and video footage of you and your property while at MCKO Boxing and to

use and publish these photos or videos in print and/or electronically. You agree that MCKO Boxing may

use photographs or video footage of you with or without your name for any lawful purpose, including for

such purposes as publicity, illustration, advertising and web content.

AGREEMENT TO PARTICIPATE & ASSUMPTION OF RISK: By signing up for and/or attending classes,

sessions, events, activities, and other programs and using the premises, facilities and equipment

(individually and/or collectively) of MCKO Boxing and its subsidiaries, you hereby acknowledge on behalf

of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and

dangers in group fitness classes, 1-on-1 sessions, and exercise equipment in association with the above

listed. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to

avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range

from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or

loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including

paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety

signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the MCKO Boxing

staff, you would be at physical risk participating in MCKO Boxing’s classes and/or sessions, you

understand and agree that you may be denied access to the classes/sessions and facilities until you

furnish MCKO Boxing with an opinion letter from your medical doctor, at your sole cost and expense,

specifically addressing MCKO Boxing's concerns and stating that MCKO Boxing's concerns are

unfounded. In consideration of being allowed to participate in and access the classes, sessions and

facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are

sustained or aggravated by you in relation to the classes, sessions, and facilities, (2) release, indemnify,

and hold harmless MCKO Boxing, its direct and indirect parent, subsidiary affiliate entities, and each of

their respective officers, directors, clients, employees, representatives and agents, and each of their

respective successors and assigns and all others, from any and all responsibility, claims, actions, suits,

procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or

in any way related to participation in the classes, sessions, or use of the facilities, and (3) represent that

you (a) have no medical or physical condition that would prevent you from properly using any of MCKO

Boxing's classes, sessions, and facilities, (b) do not have a physical or mental condition that would put

you in any physical or medical danger, and (c) have not been instructed by a physician to not participate

in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at

risk in using MCKO Boxing's classes, sessions, and facilities, and should not be participating in any

classes or sessions, as well as facilities.

CANCELLATION OF MONTHLY MEMBERSHIP AGREEMENT BY MEMBER: You may cancel this Membership Agreement at any time. You must provide MCKO Boxing a written notice of your intent to cancel via email. Failure to provide timely notice (at least 48 hrs in advance) may result in a charge for the full amount of your next billing payment. The cancellation will take effect the same date as stated in the cancellation notice. If, at the time of receipt of your cancellation notice, you have outstanding payments owed to MCKO Boxing these payments must be made in full in order for the Membership Agreement to be considered canceled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be canceled, and MCKO Boxing reserves the right to pursue additional avenues or means to receive monies owed. This Membership Agreement may be canceled upon receipt of written notice via electronic mail (email) or a written letter in the event of the death or disability of the member, and the member is unable to receive all of MCKO Boxing’s services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability). The contract may be canceled if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the contract until the time of disability, with 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 in the contract term and multiplying the result by the number of weeks remaining in the contract term. The buyer or the buyer's estate seeking relief under this paragraph may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under Chapter 458, 459, 460 or Chapter 461 to the extent the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation. Members are entitled to the cancellation and refund of the contract if the contracting business location of the health 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 buyer. 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. A member’s notice of his/her intent to cancel shall be given in writing to the health studio. And that such a notice of cancellation shall also terminate automatically the consumer's obligation to any entity to whom the health studio

has subrogated or assigned the consumer's contract. If the health studio wishes to enforce such contract after receipt of the notice, it may request the department to determine the sufficiency of the notice.