TERMS OF USAGE
- An 8-hour cancellation notice is required to avoid being charged for the class you reserve. Regular session members will lose that session; monthly unlimited members will be charged a $15 fee to the credit card on file. If a valid credit card is not on file,
the account is subject to immediate termination. - Instructors and classes are subject to change without notice.
- Clients are limited to one class per day on any and all memberships.
- For sanitary and safety purposes, grip socks are required during the workout and are available for purchase at the studio.
- All clients agree to Body Mantra, LLC Terms & Conditions and terms of usage prior to attending class.
- Classes are non-refundable and non-transferable. Multi-class packages cannot be shared. No exceptions!
- Monthly Auto/Pay Memberships may be put on hold for minimum of 14 days and maximum of 60 days
- Classes and prices subject to change
LIABILITY WAIVER
- DISCLAIMER OF LIABILITY: Body Mantra urges all clients to obtain a physical examination from their physicians prior to initiating any exercise program. Body Mantra studio training programs are not designed for individuals with known heart disease with or without functional impairment. In recognition of the possible dangers connected with any physical activity, client(s) hereby knowingly and voluntarily waive(s) any cause of action of any kind whatsoever arising as the result of such activity from which any liability may or could accrue to Body Mantra, its officers, agents, employees, instructors or assigns and agree to hold Body Mantra harmless therefrom.
1. SEVERABILITY: If any part of this contract shall be held invalid, that part shall be deemed excluded from this contract and the remainder of the contract shall remain in full force and effect.
2.NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
3. JURISDICTION: To the full extent permissible by law, for purposes of any dispute arising out of this agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the State of Florida and to the application of Florida law. Any action hereunder shall be brought in Sarasota County, Florida. A condition precedent to any suit or action arising from any dispute between the parties shall be mediation pursuant to Florida Statute.
4. ENTIRE AGREEMENT: The Client and Body Mantra acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except in written form executed by both parties.
5.BUYER’S RIGHTS:
a. The membership and this contract are not negotiable, transferable, or cancel-able except as otherwise provided herein.
You, the buyer, may cancel the agreement penalty-free within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all moneys paid under the contract, except that the health studio may retain an amount computed by dividing the number of complete days in the contract term or, if appropriate, the number of occasions health studio services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that health studio services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation made within the 3-day provision.
b(i). The client may cancel this contract and receive a refund of the contract if the contracting business location of the health studio (3908 S. Tamiami Trail, Unit D, Sarasota, Florida 34231) goes out of business, or moves its facilities more than 5 driving miles from 3908 S. Tamiami Trail, Unit D, Sarasota, Florida 34231 and fails to provide, within 30 days, a facility of equal quality located within 5 driving miles of 3908 S. Tamiami Trail, Unit D, Sarasota, Florida 34231 at no additional cost to the buyer.
(ii) Any notice of intent to cancel by the buyer shall be given in writing to Body Mantra using the cancellation request form available at the studio with 30 days’ notice to Body Mantra. Client may cancel at any time and for any reason after the initial contract period using the cancellation form. Such a notice of cancellation from the consumer shall also terminate automatically the consumer’s obligation to any entity to whom Body Mantra has subrogated or assigned the consumer’s contract. If Body Mantra wishes to enforce such contract after receipt of such notice, it may request the Florida Department of Agriculture and Consumer Services to determine the sufficiency of the notice.
(iii) If the Florida Department of Agriculture and Consumer Services determines that a refund is due to the buyer, the refund shall be an amount computed by dividing the total 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 business location of a health studio shall be deemed out of business when temporarily closed for repair and renovation of the premises:
1. Upon Sale, for not more than 14 days
2. During ownership, for not more than 7 consecutive days and not more than 2 periods of 7 consecutive days in any calendar year.
A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.
c. The client should contact the Florida Department of Agriculture and Consumer Services for information within 60 days if Body Mantra goes out of business.
d. Death or Disability: The client may cancel the contract 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. Body Mantra may require a buyer or the buyer’s estate seeking relief under this paragraph to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer is established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under chapter 458, chapter 459, chapter 460, or chapter 461 to the extent the diagnosis or treatment of the disability is within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.
e. The initial contract will not be for a period in excess of 36 months, and thereafter shall only be renewable annually. A renewal contract may not be executed and the fee therefor paid until 60 days or less before the previous contract expires.
f. If Body Mantra requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the health studio shall provide the buyer with the means of such identification.
