Legal, Rules and Regulations, 24-Hour Addendum

State of Florida Requirements

1. Members are entitled to the cancellation and refund of the Application (Further known as “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.

2. A Member’s notice of his/her intent to cancel shall be given in writing to the health studio. And that such 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. And that 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.

3. That if the department determines that a refund is due the buyer, the refund shall be 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 business location of a health studio shall not be deemed out of business when temporarily closed for repair and/or renovation of the premises:

a. Upon sale, for not more than 14 consecutive days; or

b. 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 year.

And that a refund will be issued within 30 days after receipt of the notice of cancellation.

4. 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.

5. The contract may be cancelled 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 the refund of funds paid to 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 results by the number of weeks remaining in the contract by the buyer shall be established if the buyer furnishes to the health studio a certificate 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.

6. The initial contract will not exceed 36 months and thereafter shall only be renewable annually. Renewal contracts may not be executed and the fee therefore paid until 60 days or less before the preceding contract expires.

7. 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 will provide the buyer with the means of such identification.

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 will provide the buyer with the means of such identification.

9. 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. THE 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.

Rules and regulations: Please READ ALL RULES.

1) It is strongly recommended that you consult a physician prior to starting or intensifying an exercise program.

2) All members are required to produce proof of membership before using Mammoth Fitness. All members must scan Access Card at entrance of facility before entering OR check in at the desk with staff upon entering.

3) All members and day pass guests are required to wear athletic shoes, clean shoes, enclosed rubber sole shoes. No clothing with rivets, such as blue jeans as it will tear the vinyl coverings. No open toe or open heel shoes are permitted.

4) All members are expected to behave in a polite, considerate and reasonable manner. Examples of expected behaviors include:

a. Sharing equipment between sets,

b. Wiping equipment with sanitizing disinfectants which are provided,

c. Stripping bars and returning weights to racks and dumbbells to appropriate spots after use

d. Limiting work out times on cardio to 30 minutes during times of demand.

5) Management reserves the right to deny your membership privileges in the event of nonpayment, unacceptable attire, abusive and/or vulgar language, failure to maintain the integrity of the premises and/or equipment, and any violation of these Rules and Regulations, 24 Hour Addendum and Legal.

6) Members may bring guests. Each guest must pay the daily guest fee AND sign the hold-harmless release form for each visit. If payment is not received, the Mammoth Fitness member will be held responsible for payment and the members account will reflect the balance owed and be flagged until the payment is made.

7) Injuries sustained while on the Mammoth Fitness premises must be reported to the staff immediately and have an incident report recorded. If an injury occurs during non-staffed hours, please seek medical attention first, and when applicable, please contact Mammoth Fitness to make an incident report.

8) Memberships that have lapsed will be terminated after 45 days and reinstatement fees may apply to activate membership key.

9) Mammoth Fitness memberships are non-transferable to any person.

10) Mammoth Fitness is a 24-hour member access facility, thus the 24-Hour Membership Addendum must be signed.

11) Mammoth Fitness, management and employees, will not be held responsible for any property that has been lost and/or stolen while on the premises. This also includes any property that has been lost and/or stolen after you have left.

12) Anyone 17 and under must be accompanied by an adult. Children under 8 ARE NOT allowed on any of the equipment.

Cancellation:

Members are entitled to the penalty-free cancellation of this Application (contract) within three (3) days of the accepted date, 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 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 occasions that health studio services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation. Members should be advised that any notice of his/her intent to cancel shall be given in writing to the health studio. A full refund will be given if the access card is also returned… If the access card is not returned, $10 per key card will be deducted from the total due.

ACCESS CARDS CANNOT BE RETURNED FOR A REFUND ANY OTHER TIME. ONCE PURCHASED, THE ACCESS CARD IS YOURS TO KEEP.

Release:

It is further expressly agreed that all exercises shall be undertaken by you the consumer member at the sole risk and that the company, corporation, health studio, yoga studio, fitness center or individual owner or owners shall not be liable for any claims, demands, injuries, actions or causes of action whatsoever to my person or property arising out of or connected with the use of me of the services and facilities of such company, corporation, health studio, personal trainer, yoga teacher, owner, owners, operator or training center servants, agents or employees. It is noted that this is a 24-hour member access facility and have read the 24-hour member rules and guidelines and when it is unstaffed at hours and that I am entering a facility, health studio under my own accord and free will with this knowledge.

Social Media/ Photo/ Video Release:

1. The Applicant (“Releasor”) grants permission to Mammoth Fitness (“Releasee”) to use their image, voice, or likeness in photographs, audio recordings, or video recordings on Facebook, Instagram, TikTok, and X (formerly Twitter), without acknowledgment or recognition given to the Releasor.

2. The Releasor grants the Releasee creative permission to alter the photographs, provided that the photographs are not altered in an explicit manner or used to maliciously represent the Releasor or their associates.

3. The Releasor understands that they will not receive any monetary compensation from the Releasee for the permissions granted herein and hereby waives any right of inspection or approval of the photos or recordings prior to the Releasee posting on their social media accounts.

4. The Releasor acknowledges that any third party (including any agency, client, publication, or other organization or institution) may distribute the photographs and recordings on their social media accounts for the purposes of publicity and promotion of the Releasee.

5. In giving this consent, the Releasor releases the Releasee from liability for any violation of any personal or proprietary right the Releasor may have in connection with all third parties’ use of the images on social media.

6. The Releasor certifies that they are 18 years of age or older. If the Releasor is under the age of 18, their parent or guardian must sign this Release.

24-Hour Membership Addendum

Effective March 29, 2011, Mammoth Fitness (at the time of, under the name of Umatilla Fitness) became a 24 hour Member Access Facility. All members MUST adhere to the rules or immediate termination will occur, no exceptions. The owner(s) of Mammoth Fitness has designed the following membership rules listed here and posted them throughout the fitness center. These rules are to ensure a safer and more enjoyable environment in which to exercise. Please be thoughtful and courteous and observe the policies and rules that you, and all members, have agreed to in the previous pages. The owner(s), at their own discretion, may, at any time, choose to modify the policies and rules without notice. It is your responsibility to know and follow the most current policies and rules which are posted throughout the facility, and if changed, will be posted within a 24-hour notice. All signs posted throughout the facility are considered part of the policies and rules.

UNSTAFFED ENTRANCE

The fitness center will be unstaffed throughout the day, apart from the posted Staffed Hours, and you are required to follow all rules and policies. You are entering the fitness center with the knowledge that there may be no staff available. Members entering on their own accord agree that they are working out on equipment with full knowledge of what they are doing and will not attempt to do any exercise or operate and fitness machine they are not familiar with. Mammoth Fitness will not be liable for any misuse of equipment. Members requiring assistance are not permitted in the fitness center when unstaffed and appointments are to be made with management during staffed hours.

Members agree to follow safe work out practices. Members acknowledge they are aware of locations of first aid equipment, panic buttons, AED, etc.

Members who enter the fitness center are being monitored by audio and visual surveillance. The center has a central alarm to 911 for emergencies with “panic” lanyards readily accessible.

EQUAL OPPORTUNITY POLICY STATEMENT

Mammoth Fitness seeks, enrolls, and maintains membership without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditions, marital status, sex, sexual orientation, or age. It is further policy that no circumstance or conduct undertaken by personnel shall have the effect of discrimination on the basis of any of the aforementioned classifications. All club members that pay the required monthly fee in advance shall have equal access to the facility for thirty days. All members with disabilities shall be entitled to reasonable accommodation for their physical and/or mental impairment.

Members who feel they have been treated unfairly should contact the fitness center owner at 352-669-9644.

CREDIT CARD AUTOMATIC PAYMENTS

If you sign up for automatic billing on your credit card and wish to cancel, ten (10) days written notice is required to stop billing which is 10 days prior to your original sign up date.

You may either give us a hand written notice or you can email us at mammothfitness.gym@gmail.com stating your first and last name on the account, date of birth and Access Card number. Messages through the platform “messenger” are not accepted.

CONDUCT

Mammoth Fitness does not permit, and will not tolerate, any inappropriate behavior. Such behavior includes, without limitation, using loud, abusive, offensive, insulting, and/or demeaning language, yelling, profanity, bullying, lewd conduct, or any conduct that harasses or is bothersome to members or employees.

PERSONAL INFORMATION AND PRIVACY

All personal information is held privately for our members, locked from the public area, and is only accessible by Mammoth Fitness staff.

CHECK IN

• All members are required to SCAN THEIR KEY at the door before entering during staffed AND unstaffed hours. This will provide documentation of entering.

• Members on insurance (Renew Active/ Silver Sneakers) MUST scan their card at the door. This is how we are compensated for your visit and logs entry for insurance purposes.

• Members are NOT to open the door for anyone standing outside. If it is another member whose access card is not working, that member whose access card is not working must contact the office to verify why.

GUEST PRIVILEGES

Guests are ONLY allowed entry WITH a member and submission of payment for a day pass EACH VISIT. All guests must sign the Release Form at the payment box.

USE OF FACILITY

Members are authorized to use fitness center according to current active status of their account.

Conflicts we ask you to avoid during use:

• Please do not linger on the equipment because other members may want to use it.

• No member should monopolize the equipment or weights.

• Owners of the fitness center expect all members to follow proper gym etiquette.

• Please follow all posted gym procedures regarding equipment, disinfecting, bathrooms, smoking, noise control, and entering/exiting the facility.

Lockers are provided near restrooms with the agreement that the member notifies the owner what locker they are placing a lock on. Members are not to leave valuables in their lockers or unattended throughout the facility. Mammoth Fitness will not be responsible. If you leave a lock on a locker without notification to Mammoth Fitness, Mammoth Fitness has the right to remove the lock without notification.

DRESS/TOWEL

The fitness center requires all members to wear appropriate clothing and footwear.

Here are general guidelines (Also refer to #3 of Rules and Regulations):

• T-shirts

• Jogging outfits

• Aerobic outfits

• Shorts

• Pants without metal clips or belts

• Closed toe shoes with rubber soles.

Towels are provided. Please place towel in laundry hamper before leaving. Members may bring their own towel.

STEROID WARNING

Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height. Steroids can cause heart disease, stroke, and liver damage/function. Men or women using steroid could develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. There are also civil and criminal penalties for the unauthorized sale, use, or exchange of anabolic steroids.

PROHIBITED ITEMS AND ACTIVITIES

No alcohol, drugs or smoking on premises. You cannot engage in any activity under the influence of alcohol and/or drugs.

Food is not permitted in the workout areas of the fitness center.

PERSONAL TRAINING

No member may train another member for compensation. If this occurs, both members will lose their membership.

If you are interested in personal training services, it must be with a personal trainer employed through Mammoth Fitness, and can be set up by contacting management/the owner.

No outside equipment may be brought into Mammoth Fitness without owner consent.

STAFFING

You are entering the fitness center with the knowledge that there may be no staff available. Our staffing hours can be found on the front door and are subject to change. Staff are ONLY available during staffing hours and are not to engage in any type of labor outside of the staffing hours.

If there are any concerns/questions outside of staffing hours, member is to reach out to gym owners through email and is subject to receiving a response the following business day. If it is an emergency, please press the 911 call button (located on the column) and contact First Responders.

AGREEMENT

I agree to the 24-Hour Addendum. I have read the above addendum to the Application (“contract”) and have had time to have any and all questions and/or concerns addressed by management.

I have read and agree to all terms mentioned above and signed on 2nd page, taking full responsibility unto myself and to not hold Mammoth Fitness accountable. Please sign on the bottom of the Medical Release form, under the Agreement to the State of Florida Requirements, Rules and Regulations and the 24-Hour Addendum, located on Application page, on the back.

We recommend you keep this portion for your records and may request a copy at any time.