This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between The Aqua Project LLC, dba Element Aqua, located at 2700 N Miami Avenue, Miami FL 33127 (“Element Aqua”), and you the member. Element Aqua is an aquatic fitness service provider offering group fitness classes, personal training and massage therapy in various swimming pools. This Agreement entitles members access to participate in these classes and services and to enjoy other amenities offered including but not limited to: lockers, changing rooms and showers, unless noted otherwise.
Please review this Agreement thoroughly as it is a legal contract between Element Aqua and all members. By using the services offered at Element Aqua, members are agreeing to the terms of this Agreement.
PURCHASES AND PAYMENT
PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for at least 6 months (duration of the contract) and then on a month-by-month basis, via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below.Class packages are billed in-full at the time of purchase.
In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.
FREEZE POLICY: Members with an unlimited membership may put their membership on hold, in one-month increments, for up to two (2) calendar months. A fee of $25 will be charged per freeze request. Notice of intent to freeze one’s account must be submitted to Element Aqua via email at firstname.lastname@example.org no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months.
PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT
PACKAGE PURCHASES: By purchasing a package from Element Aqua you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members. Unlimited and auto-debit contract members are required to keep a current credit card on file.
Expiring packages may not be extended, transferred, refunded, shared, or frozen. Packages will activate on the date of purchase. The expiration date set on an expiring package is the date on which the package may no longer be used.
CREDIT CARD ON FILE: Members may elect to keep a credit card on file using their Element Aqua account online. By placing a card on file, the cardholder and account holder gives permission to the Element Aqua staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the Element Aqua cancellation policy detailed above.
AUTO-PAY: By enrolling in an auto-pay contract, you authorize Element Aqua to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited auto-pay plan associated with your account, on the billing due date. You understand and acknowledge that (1) Element Aqua will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your Membership Agreement and/or in connect with cancellation fees per the cancellation policy. Element Aqua may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) the Element Aqua booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. Element Aqua cannot be held responsible for errors in processing due to expired or inaccurate information.
CLASS CANCELLATION AND BOOKING POLICIES
RESERVING CLASSES: Clients are solely responsible for the booking and cancelling of their classes. Clients may reserve class spots online through their account through our website at www.elementaqua.com, the Mind-Body application, ClassPass, or by calling Element Aqua during normal business hours and confirming with studio staff.
SIGN-IN: Clients are required to enter their scheduled class no later than 5-minutes after the scheduled start time. If a client does not enter their pool by this time, it is considered a no-show and Element Aqua reserves the right to assign the spot to another person on the waitlist, as well as charge a no-show fee (detailed below).
CANCELLATIONS: Reservations may be cancelled without penalty by cancelling up to 12 hours prior to the class start time. This may be done online via a client’s account, or by calling the studio during regular operating hours and confirming with studio staff. Once the class is cancelled within this time, the class will be returned to the clients’s account, and the client will not be charged the cancellation fee.
Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are not valid and the member will be charged.
CLASS PACKS + DROP INS: If you do not cancel within the 12-hour window, your class will be forfeited.
MONTHLY UNLIMITED, MONTH TO MONTH AND DUAL MEMBERSHIPS: If you do not cancel within the 12-hour requisite window, a late-cancel fee of $10 (per member) will be charged to your account.
The no-show and late-cancel fees apply to ALL clients equally regardless of unlimited status or special package pricing or membership level.
If you book multiple classes, or waitlist multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. Element Aqua staff cannot be held responsible for accidental bookings by clients, double bookings, or double waitlisted classes made by members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.
WAITLIST: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. If you add yourself to a wait list, YOU are solely responsible for managing your bookings and for cancelling your classes within the bounds of the cancellation policy. The system will auto-populate clients into class from the waitlist as soon as other clients with confirmed spots cancel, and class slots will be assigned as such. Element Aqua staff cannot move class slots for clients in classes that are completely full with wait lists.
AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facility and equipment (individually and/or collectively, the “Classes” and “Facility”) of Element Aqua 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 aquatic fitness and equipment in association with the Classes and Facility.
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 drowning, 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 Element Aqua staff, you would be at physical risk participating in Element Aqua's Classes, you understand and agree that you may be denied access to the Classes and Facility until you furnish Element Aqua with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Element Aqua's concerns and stating that Element Aqua's concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facility, 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 and Facility, (2) release, indemnify, and hold harmless Element Aqua, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, 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 or use of the Facility, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Element Aqua's Classes and Facility, (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 Element Aqua's Classes and Facility, and should not be participating in any Classes.
CANCELLATION OF "UNLIMITED MEMBERSHIP" AGREEMENT BY MEMBER
UNLIMITED MONTH AND DUAL MEMBERSHIP (6 month contract): Were you to cancel your membership before the end of your contract, you will be charged an "early cancellation fee" of $349. After the 6 months, the membership will automatically renew into a month to month membership, of which terms are outlined below.
MONTH TO MONTH MEMBERSHIP: You may cancel this Membership Agreement at any time. You must provide Element Aqua written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than ten (10) business days 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. The cancellation will take affect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled as of the date of the subsequent billing payment due date.
If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Element Aqua, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and Element Aqua reserves the right to pursue additional avenues or means to receive monies owed.
This Membership Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of Element Aqua’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); and (2) the member moves further than fifty (50) miles from Element Aqua. The member shall provide proof of new residence.
CONDUCT/DAMAGES: Element Aqua 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. Members who do not observe Element Aqua’s rules and regulations or who abuse equipment in any fashion will be asked to leave. Element Aqua 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 Element Aqua property, which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Element Aqua reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Element Aqua.
PHOTO/VIDEO RELEASE: You hereby grant Element Aqua, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Element Aqua and to use and publish these photos or videos in print and/or electronically. You agree that Element Aqua 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.
You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the fifth business day of the health studio after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to an Element Aqua staff member at 6200 NE 4th Ct, Miami, FL 33138 OR email@example.com.