Liability Waiver

This Agreement is entered into between JAM Spottswood, LLC d/b/a FYT Key West ("FYT") and the undersigned Member.

1. Membership Agreement

Membership grants access to FYT Key West facilities, classes, services, and amenities in accordance with the membership selected by the Member. Memberships are personal, non-transferable, and may not be assigned or shared.

2. Contract Term & Billing Authorization

Member authorizes FYT to automatically charge all membership fees, renewal fees, late fees, no-show fees, retail purchases, and other authorized charges to the payment method on file. Memberships automatically renew and continue until properly terminated pursuant to this Agreement and the FYT Membership Terms and Policies.

3. Termination

Membership termination requests must be submitted by email to Terminations@FYTKeyWest.com at least five (5) business days prior to the Member's next billing date.

Termination requests are not accepted in person, by phone, online, through social media, or by selecting "Cancel Autopay" online.

Monthly memberships are subject to a $30 termination fee.

Requests received fewer than five (5) business days before the next billing date will be processed after the next scheduled payment.

No refunds will be issued for memberships not terminated in accordance with the FYT Membership Terms and Policies or for charges older than sixty (60) days.

4. Chargebacks & Collections

Member agrees to contact FYT regarding any billing concerns before initiating a chargeback or payment dispute.

If a Member initiates a chargeback or payment dispute for services, memberships, classes, products, or other charges that have already been provided, rendered, attended, utilized, or otherwise received, FYT reserves the right to immediately suspend or permanently terminate the Member's access to the facility and services.

Members who initiate chargebacks for services already rendered will not be permitted to return to FYT Key West unless the chargeback is reversed and all outstanding balances, fees, collection costs, court costs, and reasonable attorney's fees are paid in full.

Member remains responsible for all amounts due under this Agreement regardless of any chargeback or payment dispute.

5. Assumption of Risk

Member understands that participation in fitness activities, group exercise classes, personal training, use of exercise equipment, and presence on the premises involve inherent risks, including but not limited to serious bodily injury, illness, permanent disability, property damage, and death. Member voluntarily assumes all risks associated with participation in activities at FYT.

6. Release of Liability

To the fullest extent permitted by Florida law, Member releases, waives, and forever discharges FYT Key West, JAM Spottswood, LLC, its owners, officers, directors, employees, contractors, instructors, agents, affiliates, successors, and assigns from any and all claims arising out of or related to Member's use of the facility, participation in activities, or presence on the premises, including claims arising from ordinary negligence.

7. Indemnification

Member agrees to defend, indemnify, and hold harmless FYT from and against any claims, liabilities, damages, losses, costs, expenses, and attorney's fees arising out of Member's conduct, use of the facility, violation of policies, or breach of this Agreement.

8. Medical Acknowledgment

Member represents that they are physically capable of participating in fitness activities and understands that FYT does not provide medical advice, diagnosis, or treatment.

9. Personal Property

FYT is not responsible for lost, stolen, or damaged personal property, including items left in lockers, cubbies, vehicles, or elsewhere on the premises.

10. Minors & Child Supervision

Members under eighteen (18) years of age must have this Agreement signed by a parent or legal guardian. Children not actively participating in a scheduled program or service may not be left unattended anywhere on the premises. Parents and guardians are solely responsible for supervising their children at all times.

11. Photo & Video Release

Member grants FYT permission to photograph, videotape, or otherwise record Member while on the premises or participating in activities and to use such images, recordings, or likenesses for marketing, advertising, social media, promotional, and business purposes without compensation.

12. Membership Revocation

FYT reserves the right to refuse service, suspend access, or terminate any membership at its sole discretion for policy violations, unsafe conduct, harassment, disruptive behavior, misuse of services, chargeback disputes, or conduct deemed detrimental to FYT, its staff, or its members.

13. Policy Changes

FYT reserves the right to modify membership offerings, pricing, schedules, instructors, operating hours, services, amenities, and policies at any time.

14. Limitation of Liability

To the fullest extent permitted by law, FYT shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or economic damages arising from this Agreement, membership, facility use, or participation in activities.

15. Electronic Signatures

Electronic signatures, digital acknowledgments, and online acceptance of this Agreement shall be deemed equivalent to original handwritten signatures and shall be fully enforceable.

16. Governing Law, Severability & Entire Agreement

This Agreement shall be governed by the laws of the State of Florida.

If any provision is found unenforceable, the remaining provisions shall remain in full force and effect. This Agreement, together with the FYT Membership Terms and Policies, constitutes the entire agreement between the parties.

Member acknowledgment

I HAVE CAREFULLY READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM WAIVING CERTAIN LEGAL RIGHTS.

I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY.