Raw Fit Miami, LLC. ("Raw 305" "we," "us,""our") thank you for visiting our website (the “Site”) or our mobile application (the “App”). These Terms of Service (“Terms”) govern your access to and use of the Site and the App and their related internet-based services, features, content, and functionality, including the Appointment Booking Service (the “Booking Service” and, together with the Site and the App, the “Service” or “Services”).

By using the Service, you acknowledge that you have read, accepted, and agreed to be bound by these Terms.

ACCEPTANCE OF TERMS

These Terms constitute an electronic contract that explains the legally binding terms of your use of the Service. By using the Service, you accept and agree to these Terms and any conditions or notices contained or referenced within. You acknowledge that these Terms may be modified by us at any time, in our sole discretion, and that any modifications will be effective upon posting. Your continued use of the Service shall indicate your acceptance of any modified terms. Further, you agree that we may at any time, in our sole discretion, with or without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter the Service or any part thereof, including as between different users, whether temporarily or permanently.

By using the Service, you also agree that we may send you various communications by email. After submitting a booking form you may receive occasional newsletters and offers from us via email. We will not sell or distribute your email address to any third party at any time. You can unsubscribe from these emails at any time. You agree to notify us promptly if your email address changes. This consent covers all actions you conduct through the Service. Should you decide that you do not wish to receive communications by email, please contact us through our contact form. Your withdrawal of consent will be effective within a reasonable time after we receive such notice. A withdrawal of consent will not affect the enforceability of these Terms. However, a withdrawal of consent to receive communications electronically may result in termination of your use of the Service.

We reserve the right to, and you acknowledge and consent that we may (but are not required to), monitor the Service to the extent permitted by law, including your communications and activities via the Service, and in connection with your access and use of the Service, including without limitation, the information provided by you and information about your geolocation.

Disclaimer: You should always consult with your doctor before beginning any type of exercise or physical activity. This form is a legal document. It explains the risks you are assuming by beginning an exercise program. It is critical that you read and understand it completely. After you have done so, please print your name legibly and sign in the spaces provided at the bottom.

WAIVER, INFORMED CONSENT, AND COVENANT NOT TO SUE:
I have volunteered to participate in a program of physical exercise under the direction of Raw Fit Miami, LLC, which will include, but may not be limited to, weight and/or resistance training. I hereby acknowledge and agree that my use of Raw Fit Miami, LLC facilities, services, equipment or premises, involves risks or injury to persons and property, and I assume full responsibility of such risks. In consideration of being permitted to enter Raw Fit Miami, LLC for any purpose including, but not limited to, observation, use of facility, services or equipment, or participation in any way, I agree to release and hold Raw Fit Miami, LLC, its directors, officers, employees, and agents harmless from all liability to myself, my children, my personal representatives, assigns, heirs, and next of kin for any loss or damage, and forever gives up any claim or demands therefore, on account of injury to myself, my personal representatives, assigns, heirs, and next of kin, or property, including injury leading to death of any of the aforementioned, whether caused by the active or passive negligence of Raw Fit Miami, LLC or otherwise, to the fullest extent permitted by law, while I am at Raw Fit Miami, LLC including adjacent sidewalks, streets and parking areas or using Raw Fit Miami, LLC services or equipment.

I also hereby agree to indemnify Raw Fit Miami, LLC from any loss, liability, or damage or cost Raw Fit Miami, LLC may incur due to my presence in, upon or about Raw Fit Miami, LLC premises or in any way observing or using any facilities or equipment of Raw Fit Miami, LLC whether caused by my own negligence or otherwise. I represent (a) that I am in good physical condition and have no disability, illness or other condition that could prevent me from exercising without injury of health, and (b) that I have consulted a physician concerning an exercise program and contend that this program will not risk injury or impairment to my health. Such risk of injury or impairment includes (but is not limited to): injuries arising from my use of exercise equipment and machines; injuries arising from my participation in supervised or unsupervised activities. I further expressly agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. I have read this release and waiver of liability and indemnity clause, and agree that no oral representations, statements or inducement apart from this Agreement have been made.

ASSUMPTION OF RISK
To the best of my knowledge, I am in good physical condition and have no disease, physical limitation, health concern or injury that would be aggravated or would be the cause of any injury sustained, before, during or as a result of my participating in activities related either directly and/or indirectly to Raw Fit Miami, LLC. I recognize that exercise might be difficult and strenuous and that there could be dangers inherent in exercise for some individuals. I acknowledge that the possibility of certain unusual physical changes during exercise does exist. I recognize that an examination by a physician should be obtained prior to involvement in any exercise program. If I have chosen not to obtain a physician’s permission prior to beginning an exercise program with Raw Fit Miami, LLC, I hereby agree that I am doing so at my own risk. In any event, I acknowledge and agree that I assume the associated risk with any and all activities and/or exercises in which I participate. I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary. I acknowledge that I have thoroughly read this waiver and release and fully understand that it is a release of liability. By signing this document, I am waiving any right I or my successors might have to bring a legal action or assert a claim against Raw Fit Miami, LLC.

PAYMENT
I understand that my membership dues are arranged to be made in monthly installments and that Raw Fit Miami, LLC has a fiduciary responsibility to collect all payments in a timely manner. Any modifications, changes, amendments or cancellations must be made in writing. Any notice of intent to cancel given by the member shall be given in writing to Raw Fit Miami, LLC. Written notice of your cancellation shall be emailed to: info@rawfit305.com. No oral amendments or modifications are to be made to this agreement. Furthermore, the payment plan is not affected by my training and/or attendance and that non-attendance shall not be a sufficient reason for refund. I understand that should I default on payment obligations as called for in this agreement, my agreement will be terminated. I agree to pay all cost of collections, including but not limited to collection agency fees, chargeback fees, court costs and attorney fees.

Raw Fit Miami, LLC makes no warranties or representations, express or implied, other than those set forth herein, and your sole and exclusive remedy in the event of any breach of this Agreement shall be cancellation of this agreement.

IF NO EVENT SHALL Raw Fit Miami, LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

1. I understand that I am entitled to a penalty-free cancellation of this contract within 3 days, exclusive of holidays and weekends, of its making, upon mailing or delivery of written notice to the health studio, and refund computed by dividing the number of occasions health studio services are to be rendered in the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract. A refund shall be issued within 30 days after receipt of the notice of cancellation.

2. I understand that I am entitled to the cancellation and refund of the contract if this business location closes, or moves its facilities more than five (5) driving miles and fails to provide, within thirty (30) days, a facility of equal quality located within five (5) driving miles at no additional cost to me.

3. I understand that the business location of a health studio shall not be deemed out of business when temporality closed for repair or renovation of the premises:
1. Upon sale, or not more than 14 consecutive days; or
2. During ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar. A refund will be issued within 30 days after receipt of this notice.

4. I understand I should contact the Florida Department of Agriculture & Consumer Services for information within 60 days should the health studio go out of business to address any unresolved conflicts.

5. This contract may be canceled upon my death or if I become physically unable to utilize a substantial portion of those services which I used from commencement of the contract until the time of disability, with a refund of funds paid or accepted in payment if 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. I understand I may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract shall be established if I furnish to the health studio a certification of such disability or treatment is within the 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.

6. SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN ONE (1) MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE, THIS HEALTH STUDIO IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.

7. The initial contract will not be for a period in excess of 30 days. Renewal contracts may be executed and the fee therefore paid until preceding contract expires. ALL sessions must be used within 30 days.

8. IF the health studio 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

By enrolling, I agree to pay monthly until I provide written notice to terminate; termination will occur 30 days from notice.

MOBILE DEVICES AND APPS

· Mobile Device. We may from time to time make available mobile apps that permit the Service to be accessed and operated through smartphones or other mobile devices. The Service is licensed, not sold, to you for use only under these Terms. This license does not allow you to use the Service on any mobile device that you do not own or control, and you may not distribute or make the Service available over a network, or where it could be used by multiple devices at the same time. The Terms will govern any upgrades provided by us that replace and/or supplement the original version of the Service unless such upgrade is accompanied by a separate license designated by us, in which case the terms of that separate license will govern. We do not guarantee that the Service will be available for, or function in connection with, all smartphones or mobile devices.

· Device Providers. If you download the Service from the iTunes® or Apple®Store for use with your Apple Inc. (“Apple”) mobile device (“Apple Mobile App”) or from Google Play® or Google, Inc. (“Google” and together with Apple, the “Device Providers”) for use with your Android® mobile device (“Android Mobile App” and together with Apple Mobile App, the “Mobile Apps”):

· You acknowledge that these Terms are concluded between you and Raw 305 only, and not with the Device Providers, and that Raw 305, not the Device Providers, is solely responsible for the Mobile Apps and the content thereof;

· You agree to the applicable Device Providers’ terms of use or service and you will only use the Mobile Apps solely as permitted by the usage rules set forth in the applicable terms of use or service, which you acknowledge you have had the opportunity to review; provided, however, that if these Terms include more restrictive terms than the Device Providers’ terms of use or service, then such more restrictive terms will supersede the conflicting terms;

· You acknowledge that the Device Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Apps;

· In the event of any failure of any Mobile Apps to conform to any applicable warranty, you may notify Apple or Google, and they may refund you the purchase price (if any) for the Mobile Apps and that, to the maximum extent permitted by applicable law, the Device Providers will have no other warranty obligation whatsoever with respect to the Mobile Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Raw 305 sole responsibility (subject to the qualifications, disclaimers, and limitations set forth in these Terms);

· You acknowledge that (i) in the event of any third party claim that the Mobile Apps or your possession and use of the Mobile Apps infringes that third party’s intellectual property rights, Raw 305, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, and (ii) Raw 305, not Apple or Google, is responsible for addressing any of your claims or those of any third party relating to the Mobile Apps or your possession and use of the Mobile Apps, including (A) product liability claims, (B) any claim that the Mobile Apps fail to conform to any applicable legal or regulatory requirement, and (C) claims arising under consumer protection or similar legislation, in each instance, subject to the qualifications, disclaimers, and limitations set forth in these Terms (which will not be construed in a manner that would limit Raw 305 liability beyond the extent permitted by applicable law); and

· You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

· Third Parties. You agree to comply with any applicable third-party terms of agreement when using the Mobile Apps. You acknowledge and agree that the Device Providers and their subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, the Device Providers will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary thereof. Apple® and iTunes® are registered trademarks of Apple Inc. Google Play® and Android® are registered trademarks of Google, Inc.

· Data Plan. In order to use a Mobile App, you may also need to purchase an appropriate data plan from your wireless carrier and we are not responsible for overages or for actions that your wireless carrier may take against you for using data in violation of your wireless carrier’s service terms.

INDEMNIFICATION

You agree to release, indemnify, defend and hold harmless Raw 305, its parent, subsidiaries and affiliates and its and their shareholders, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal fees and costs (whether brought by third parties or otherwise) (collectively, “Claims”) due to or arising in any way from your use of the Service, your placement or transmission of any message, any content, or other information or materials through the Service, or your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.

THIRD-PARTY WEBSITES OR SERVICE

Our Site or App may contain links to, or advertisements and content from, other websites, including those of third parties or business partners (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. The inclusion of any link to such sites or third-party advertisements on our Service does not imply our endorsement or recommendation and we make no representations or warranties with respect to such sites or advertisements or their respective goods or services. Any reliance on third-party sites and advertisements is done at your own risk.

DISCLAIMER OF WARRANTIES

WE PROVIDE THE SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. WE DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WORKMANLIKE EFFORT, ACCURACY, TITLE, AND NON-INFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY

· Exclusion of Certain Liability. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE YOU ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, RAW 305, OUR DIRECTORS, ADVISORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (ii) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

· Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE PROTECTED ENTITIES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE, EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

TERM AND TERMINATION

These Terms remain in full force and effect until they are terminated pursuant to the terms herein, however, either party may terminate these Terms at any time without notice. Upon any termination or expiration, Raw 305 will stop providing the Service to you.

INFORMATION

We do not warrant or guarantee the accuracy, completeness, or timeliness of any information available via the Service. We do not authorize the use of information available via the Service for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes.

AVAILABILITY

Our goal is to provide a product with outstanding uptime and reliability. Planned downtime, intellectual property claims, and matters outside of our reasonable control are some of the circumstances that may lead to the Service being unavailable. Although we strive to operate without interruption, we do not guarantee that the Service will always be made available.

INFORMATION SECURITY

We have used commercially reasonable efforts to implement a variety of administrative, managerial, and technical security measures designed to protect your personal information from unauthorized use and disclosure. We cannot, however, guarantee the security of the information contained in your User Account or otherwise collected by us and we cannot promise that such measures will prevent third-party “hackers” from illegally accessing the Service or its contents. We are not responsible or liable for any third-party access to or use of the information contained in your account or otherwise collected by us.

INTERNATIONAL VISITORS

We control and operate the Service from the United States of America. We do not represent that materials on the Service are appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Electronic Communications

The very nature of the Service provides communications by us and by electronic means (e.g., via email, text message). For purposes of forming a legally binding agreement, you consent to receive communications from us in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any applicable legal requirements, including that these be made in writing. You acknowledge that there is an inherent risk in the use of the Internet and that the information transmitted through the Internet in general is not confidential. We cannot and do not guarantee the privacy or protection of any electronic communications through the Internet.

REMEDIES FOR BREACH

If we determine, in our sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Site or App, we reserve the right to: (i) remove your name and information from our notification lists; (ii) notify and/or fully cooperate with the proper law enforcement authorities for further action; (iii) discontinue your ability to use the Service; and/or (iv) any other action which we deem to be appropriate.

If your ability to access the Services is discontinued by us due to your violation of any portion of the Terms or for conduct otherwise inappropriate, in our sole discretion, then you agree that you shall not attempt to re-register with or access the Services and/or any other product, content, or service provided by us, through use of a different name or otherwise.

The remedies contained in the Terms are not the exclusive remedies for your breach, but will be in addition to all other remedies available to us by law or in equity.

OTHER TERMS

Assignment. You may not assign or otherwise transfer any rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms, in each case whether voluntary, involuntary, by operation of law, or otherwise, without our prior written consent. Any purported assignment, delegation, or transfer in violation of this section is void. Raw 305 may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without your consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

Entire Agreement. These Terms constitute the complete and entire agreement between you and Raw 305 concerning its subject matter, and supersedes all prior agreements and representations between the parties.

Interpretation. The use of the terms “includes,” “including,” “such as,” and similar terms, will be deemed not to limit what else may be included. The headings in these Terms are for reference only and do not affect the interpretation of these Terms.

No Waiver. A party’s failure to delay or enforce a provision under these Terms is not a waiver of its right to do so later.

Severability. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

Governing Law and Jurisdiction. This Agreement is governed by and construed under the laws of the State of Florida without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Florida law, rules, and regulations; Florida law, rules, and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Florida. All parties to these terms and conditions waive their respective rights to a trial by jury.

CONTACT US

If you have any questions concerning these Terms, please contact us through our contact form.