Membership Agreement


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Date: July 1, 2022

Membership Agreement For Infusions & Other Services
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Services Summary

Membership Status

Subject to the terms herein, your membership is: Membership Level

 

Bronze Membership -$100/month

Includes 1 (one) 1L Hydroquench infusion plus an additional IV add-on for free. 10% off all other services. (maximum of 5 of each service per month). Exclusions applied: discounts are not taken on travel charges, packages, or gift cards. Gift Card & Guest Privileges Benefits – Purchases at membership rates and Guest purchases at membership rates (maximum of 2 member priced services in any gift card and guest visit in a 6 month period). No additional discounts or promo codes will be applied.

Silver Membership -$200/month

Includes 1 (one) Myers Cocktail infusion ($220 Value) or 1 (one) of our specialty IV infusions of the members choice (exclusive of NAD) along with a free add on. 10% off all other services (maximum of 5 of each service per month). Gift Card & Guest Privileges Benefits – Purchases at membership rates and Guest purchases at membership rates (maximum of 2 member priced services in any gift card and guest visit in a 6 month period). Exclusions applied: discounts are not taken on travel charges, packages, or gift cards. No additional discounts or promo codes will be applied.

Gold Membership -$450/month

Includes all of the benefits included in the silver membership package along with 1 (one) monthly office visit with a concierge physician to review detailed blood levels of vitamins and minerals and create a customized plan of care. (more details to follow) Members may purchase an unlimited number of additional services for their personal use at discounted rates (exception discount maximum of 5 NAD per month). Gift Card & Guest Privileges Benefits – Purchases at membership rates and Guest purchases at membership rates (maximum of 2 member priced services in any gift card and guest visit in a 6 month period). Exclusions applied: discounts are not taken on travel charges, packages, or gift cards. No additional discounts or promo codes will be applied.

Payments and Fees: Pain In Full (PIF)

Billing Period (EFT/CC Payments Only):

Monthly, on the day of the month the membership was started

Length of Agreement (Initial Term)

Month by month

Enrollment Fee

$25.00

Prepaid Billing Period(s)/PIF Payment Due

$100 [or $200 or $450]

Total Initial Payment Collected

$100 [or $200 or $450]


 

POLICIES

Parties: This Membership Agreement for Infusions and Other Services (the “Agreement”) is between VITALITY INFUSIONS LLC, a Florida Limited Liability Company, (“Vitality”) and you (the “Client”). Vitality and Client agree that Client is purchasing from Vitality, for the benefit of Client, Infusions and other services (“Services”) according to the terms on the pages of this Agreement. Client agrees that this Agreement is for the Initial Term herein identified. Client further agrees to the use of an electronic signature by Client for execution of this Agreement.

Notice to Client: You are entitled to a copy of this Agreement at the time you sign it.

Initial Term Acknowledgment: The initial term of this Agreement is for monthly (the “Initial Term”). If this is an EFT/CC Payments Agreement, it will automatically continue in monthly increments (your “Billing Period”) after this Initial Term, with an automated billing amount of Text

until you send written notice of termination as noted below, recommended via certified mail, to 1526 JACKSON STREET, FORT MYERS, FL 33901. This Agreement is for the Initial Term as herein stated.

Minimum Payment Schedule: A monthly EFT/CC Payment of Text

 are due every month beginning on

3 Day Rescission Period: You, the Client, may cancel this Agreement penalty free within 3 days of initial execution, exclusive of holidays and weekends, upon the mailing of written notice to Vitality at: 1526 JACKSON STREET, FORT MYERS, FL 33901 or by personal delivery or by mail to the Infusion Lounge of enrollment. Upon such notice, a refund will be made of all moneys paid under the Agreement, except that Vitality may retain an amount computed by dividing the number of complete days in the Agreement term or, if appropriate, the number of infusion services which are to be rendered into the total Agreement price and multiplying the result by the number of complete days that have passed since the making of the Agreement, or, if appropriate, by the number of occasions that services have been rendered. A refund shall be issued within 30 days after receipt of the notice of termination made within the initial 3-day provision.

Client Voluntary Termination: If this is an EFT/CC Payments Agreement, Client may voluntarily terminate this Agreement at any time by: (1) giving Vitality 7 days’ written notice of termination, recommended to be sent via certified mail, return receipt requested; and (2) paying a fee equal to 50% of the remaining balance at the time of such notice, in addition to any and all fees incurred, including, but not limited to, any late fees, return fees, collection fees, etc.

Notice of Intent to Terminate: Any notice of intent to terminate this Agreement given by the Client shall be given in writing to Vitality. Such a notice of termination from the Client shall also terminate automatically the Client’s obligation to any entity to whom Vitality has subrogated or assigned the Client’s contract. A refund shall be issued within 30 days after receipt of the notice of termination made pursuant to this paragraph.  A refund of any funds paid or accepted in payment hereunder shall be computed by dividing the Agreement price by the number of weeks in the Agreement term and multiplying the result by the number of weeks remaining in the Agreement term.

Vitality shall not be deemed out of business when temporarily closed for repairs and renovation of the premises: (a) Upon sale, for not more than 14 consecutive days; or (b) during ownership, for not more than 7 consecutive days and not more than 2 periods of 7 consecutive days in any calendar year.

Notice: EFT/CC Payments Agreements are authorizing a RECURRING TRANSACTION. When you provide a check as payment under this Agreement, you authorize Vitality either to use information from your check to make a one-time electronic fund transfer from that checking account or to process the payment as a check transaction. When Vitality uses information from your check to make an electronic fund transfer, funds may be withdrawn from the account on which the check is drawn as soon as the same day Vitality receives your payment and you will not receive your check back from your financial institution.

Late Charge: Payments received more than seven (7) days after the due date may be assessed a late fee of $20.00.

SHOULD YOU (THE CLIENT) 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 INFUSION LOUNGE AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS INFUSION LOUNGE 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.

Prepayment: There is no prepayment charge applicable to this Agreement. See the terms of Agreement below for any additional information regarding non-payment, default, and penalties.

EFT/CC Request: To the extent permitted by law, you authorize us to initiate separate charges from the bank (“EFT”) or credit card (“CC”) (together, “EFT/CC”) account you identified and/or any replacement account (the “Account”) for the following amounts: (1) the Balance Due on Initial Payment above, if not paid within 30 days of the date hereof; (2) your EFT/CC payments above, if applicable; (3) a recurring freeze fee if such a freeze is permitted by Vitality; and (4) a return fee up to $25 for any EFT/CC charge returned unpaid or on a credit/debit card return. Authorized EFT/CC payments may be separately initiated or, to the extent permitted by law, combined with other authorized EFT/CC payments. You have the right to receive notice if a preauthorized charge varies from the previous amount. If tax rates become applicable or change to alter such a charge, you consent to receive notice only if the charge varies by more than 10%. You further consent not to receive notice if the amount of your recurring charge decreases after your Initial Term as expressly provided in the “Initial Term Acknowledgement” above. You may cancel your EFT/CC authorization by giving us written notice of termination. It will only take effect after we have had a sufficient time to allow us and your financial institution, using commercially reasonable efforts, to act on the notice. You agree to give us notice if your billing or Account information changes and you authorize us to seek and obtain information about changes in Account numbers and status from third parties, such as your bank or our credit card processor. If you decide to change your billing information, a 15-day notice is required.

How To Terminate an EFT/CC Payments Agreement: To limit your Agreement to the Initial Term send a written termination notice to 1526 JACKSON STREET, FORT MYERS, FL 33901 prior to the expiration of your Initial Term. If you have not cancelled the Agreement, an EFT/CC Payments Agreement automatically continues on the basis of your Billing Period (monthly) after the Initial Term. To cancel after the Initial Term, send written notification to the address listed above. No further Billing Period billings will be due after receipt of your written termination notice. (However, if receipt is too close to the scheduled processing date of your billing, you may still be charged that billing and a refund will be automatically processed for you). If you prepaid for your last Billing Period, that time period is applied as an additional cycle immediately following the Billing Period tied to your last EFT/CC payment made prior to cancelling, thereby extending the date on which your Agreement ends and the period during which you need to utilize any remaining unused sessions available to you.

Notice: All notices to Vitality hereunder shall be mailed unless specifically provided herein, to 1526 JACKSON STREET, FORT MYERS, FL 33901. 

Payment in Full: If Client desires to pay in full for future Services, Client shall remit payment in full to Vitality upon execution of this Agreement.

Rules and Regulations: Vitality will provide and post certain Rules and Regulations concerning use of its facility and services. All Clients and their Guest must follow such Rules and Regulations. Vitality reserves the right to refuse or discontinue services for any violations of such Rules and Regulations and or any default under this Agreements, or any other reason within Vitality’s discretion. Vitality reserves the right to modify its Rules and Regulations with reasonable notice. 

Infusion Services: This Agreement entitles Client access to infusion Services which fees are subject to change from time to time. The Services purchased hereunder include participation in intravenous hydration activities, including but not limited to integrative or holistic treatments. Vitality reserves the right to modify its services with reasonable notice. 

Appointment Cancellations: All appointment cancellations need to be made 24 hours prior to the scheduled appointment time to not be considered a “no-show”. If Client “no-shows” for a session, that session will result in a fee equivalent to 50% of the cost of the Client’s scheduled infusion service.

Infusions Availability: Infusions sessions become available for use at the rate at which Client makes payments.

Freeze Option: At least one EFT/CC Payments must have been made and processed before a membership Agreement is eligible to be frozen. The Agreement may be frozen for a minimum of one month and a maximum of three months. The Agreement can only be frozen two times in a 12-month period for a maximum of three months per 12-month period. The Agreement must be unfrozen a minimum of 30 days before it can be frozen again. A “freeze fee” may apply. Members can redeem accumulated services during a freeze period but cannot use any additional benefits (i.e. guest benefits, gift cards purchases, discounts, etc.).

Rollover Privileges: Client may rollover any unused services to the following month if Client is not otherwise in default. Upon termination of the Agreement, and any extension thereof, accumulated Client services expire as provided below.   

Session Completion Date: Your right to use sessions expires 30 days after the end of the Initial Term if the Initial Term is for less than one (1) year, for Initial Terms equal to or greater than one (1) year, your right to use sessions expires 90 days after the end of such Initial Term. If Client renews or continues the EFT/CC Payments Agreement beyond the Initial Term, the right to use sessions expires 30 days after completion of that additional period. If this is a PIF Agreement for a term of six (6) months or greater, your right to use sessions expires within 90 days of the date of this Agreement. Except as otherwise provided for herein, if sessions (including make-up sessions) are not used within the above-stated period, or if Client is in default, then your right to access sessions will end. Failure to use the Services does not relieve Client of Client’s obligations (regardless of circumstances) to pay the fees, late charges and other monies due under this Agreement in full, except as specifically provided in this Agreement.

Client’s Default: Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make payment when due. Upon default, Client will not be able to use the services provided in this Agreement, including any unused, accrued sessions and Vitality shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If Vitality delays or refrains from exercising any rights under this Agreement, Vitality does not waive, nor will Vitality lose, those rights. If Vitality accepts late or partial payments from Client, Vitality does not waive the right to receive full and timely payments and other charges due under this Agreement. Nothing herein shall preclude or prevent Client from asserting defenses against Vitality based on Vitality’s failure to deliver the Services in response to any effort by Vitality to collect payments or other sums due under this Agreement.

Acknowledgement & Assumption of Risk: Client acknowledges that the Services purchased hereunder include participation in intravenous hydration activities, including but not limited to integrative or holistic treatments. Client acknowledges these activities involve the inherent risk of physical injuries or other damages however caused, occurring during or after Client’s participation in the activities. Client also acknowledges that such risks include, but are not limited to, injuries caused by the negligence of any other person, defective or improperly used equipment, or an unknown health problem of Client. Client agrees to assume all risk and responsibility involved with Client’s participation in the activities. Client affirms that Client is in good physical and health condition and does not suffer from any disability that would prevent or limit participation in the activities. Client acknowledges participation may bear some risks, and Client agrees that it is the responsibility of Client to seek competent medical or other professional advice, regarding any concerns or questions involved with the ability of Client to take part in the activities. By signing this Agreement, Client asserts that Client is capable of participating in the activities. Client agrees to assume all risk and responsibility for Client’s exceeding his or her physical limits.

Limitation of Liability and Full Release of Vitality: Client agrees to fully release Vitality, its affiliates, and their respective owners, employees, affiliates, authorized agents and independent contractors from any and all liability, claims, demands or other actions that Client may have for injuries, disability or death or other damages of any kind, including but not limited to, direct, special, incidental, indirect, punitive or consequential damages, whether arising in tort, contract, or breach of warranty, arising out of participation in the Services, including, but not limited to, the intravenous hydration activities, even if caused by the negligence or fault of Vitality. Vitality is not responsible for lost or stolen property. 

Agreement to Arbitrate All Disputes: IN THE EVENT OF ANY DISPUTE (OTHER THAN ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN YOU AND VITALITY (“VITALITY” AS USED IN THIS PROVISION MEANS VITALITY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), YOU AND VITALITY CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN A LOCATION NEAR YOUR VITALITY LOUNGE, RATHER THAN LITIGATE THE DISPUTE IN COURT. YOU AND VITALITY ALSO AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES BETWEEN YOU AND VITALITY. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY VITALITY IN WRITING, BY MAIL TO VITALITY AT 1526 JACKSON STREET, FORT MYERS, FL 33901, WITHIN 30 DAYS OF THE DATE YOU FIRST RECEIVE THIS AGREEMENT, STATING YOU DO NOT WANT TO RESOLVE DISPUTES WITH VITALITY BY ARBITRATION. IN ADDITION, YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION, A CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF VITALITY IS A PARTY TO THE PROCEEDING. THE ARBITRATOR SHALL INTERPRET AND DETERMINE THE VALIDITY OF THE ARBITRATION PROVISION, INCLUDING UNCONSCIONABILITY. IF THE ARBITRATOR FINDS THAT THE ARBITRATION AGREEMENT, INCLUDING CLASS WAIVER, IS UNENFORCEABLE, IN WHOLE OR IN PART, THE ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID AND EITHER PARTY MAY FILE THE ACTION IN COURT.

Agreement Date: Access to Services starts as of the date of execution of this Agreement, or as otherwise noted as the Agreement Start Date, which is when your first payment is due. If you wish to access services prior to that date, you must make your first payment at that time, and if this is a EFT/CC Agreement, your first billing will occur roughly 30 days after the date of that first payment.

Successors: Client agrees that all terms of this Agreement shall be binding upon the heirs, personal representatives, and lawful successors of Client, and anyone claiming by or through Client.

Enforceability: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. Further, if any such provision or portion of a provision may be reduced and/or narrowed in scope or the like, such provision or portion of a provision shall be reduced, narrowed and/or the like, and so enforced.

No Refunds or Assignment by Client: No refunds shall be made for Services purchased, except as specifically provided herein. Client may not sell, assign, or transfer this Agreement and any such attempt shall be null and void. This Agreement is fully assignable by Vitality.

Governing Law: The Agreement shall be governed and enforced in accordance with Florida law.

Acknowledgement: By signing this Agreement Client acknowledges that Client has read, understood and agreed with all terms and conditions of this Agreement. Client further acknowledges Client has received a filled-in and completed copy of this entire Agreement, which includes the EFT/CC Request and authorization (if applicable), the Agreement to Arbitrate all Disputes, the Acknowledgement & Assumption of Risk, the Limitation of Liability & Full Release of Vitality, and all additional terms and provisions located herein. This Agreement constitutes the entire agreement of the parties, and no other service agreement exists between Client and Vitality. Vitality has made no express or implied warranties or representations other than those expressly set forth in this Agreement to induce Client to enter into this Agreement. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original Agreement. The primary place of business of Vitality is 1526 JACKSON STREET, FORT MYERS, FL 33901. Client’s right to access any and all sessions expires as set forth herein.

 

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Signature Certificate
Document name: Membership Agreement
lock iconUnique Document ID: 92f0fc013d7bc8c3dd79c9e90746a43fd8a02e40
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May 25, 2022 4:52 pm EDTMembership Agreement Uploaded by Jean-Jacque Vel - docs@vitalityiv.com IP 76.101.94.99