Membership Agreement Rules and Regulation

Members Club at 1 Hotel South Beach
2341 Collins Avenue, Miami Beach FL 33139

1 Hotel South Beach Terms and Conditions

Payment will be required upon notification of acceptance to Members Club at 1 Hotel South Beach. There is a one-time nonrefundable initiation fee for applicants of $500, additionally also a sales tax of 7% will be added to the membership fee.

All members are required to pre pay annual membership in full.

Single Membership is defined as membership for one individual.

Family Membership is defined as Membership for one couple (two adults) and up to two children under the age of 25. Additional children will be billed at $800 annually. Children over the age of 25 may not use family membership under parent or guardian's names.

Billing and Unpaid Balances: Failure to pay the membership within 3 business days of the due date after being notified by the Membership Director will result in the member(s) not being admitted to the Program. Membership Card: Each member with charging privileges will be issued a permanent membership card bearing signature and photograph of member, member account number and member start year. Member MUST carry their membership card with them at all times while on property. This card must be presented when using any 1 Hotel South Beach Facilities and making purchases. Membership cards are not transferable and are for the individual members of Members Club at 1 Hotel South Beach use only. A replacement charge of $25 will be assessed to the Member’s account should a membership card become lost. All charges incurred by a member of Members Club at The 1 Hotel South Beach will be billed on a monthly basis and payment is due upon receipt of the bill. Past due bills are subject to a late payment charge. Members Club at The 1 Hotel South Beach reserves the right to freeze a mile family memberships account and suspend all membership privileges for bills 7 days past due. The Suspension of membership will be enforced until the balance is paid in full.

Valet Parking: Members receive complimentary parking as part of their membership. Singles Membership are allowed up to one car and family memberships are allowed up to two cars. All vehicles must be registered with The Members Club at 1 Hotel South Beach and must present parking pass in window. Complimentary parking is granted for up to six hours per day and only while using the facilities. No cars or automobiles are to be left overnight. Cars left overnight will be charged the standard overnight parking rate for each night left on premises. Valet parking is not guaranteed and based on availability.

Guest Policy: Those holding single Members may bring up to 3 guests. Those holding Family Memberships may bring up to 4 guests. Members must present membership card at the cabana pool and beach areas for use of pool and/or beach. Guests must be accompanied by the member to gain entry. Member will be responsible for their guest’s behavior. Beach: Number of beach chairs and umbrellas are complimentary. Single members receive up to 2 chairs and 1 umbrella complimentary. Family memberships receive up to 4 chairs and 2 umbrellas complimentary.

Pool: Pool usage is limited to the Cabana pool and available to members with presentation of membership card. Members do not have access to use the the South Pool or Center Pool. Members may use the Rooftop pool by reserving a Cabana at an additional charge. Pool chairs are not guaranteed. Chairs are based on availability only and hotel staff has the right to deny chair usage. If pool chairs are available, members will only receive: two (2) chairs for an Individual Membership; or four (4) chairs for a Family Membership if both Members are present. If only one Member is present then a maximum of three (3) chairs will be issued.

Mobile Phones: To protect the relaxed atmosphere, members must use good judgment when deciding to utilize their mobile devices. Please be aware of your surroundings.

Lost and Found: Members Club at The 1 Hotel South Beach will not be responsible for the loss or damage to property of members and their guests on the property, whether in lockers, cabanas or elsewhere.

Smoking: Smoking is not permitted on property at 1 Hotel South Beach.

Gym: The gym includes cardiovascular and weight training equipment, as well as complimentary weekly classes and fitness programming. All members may utilize the gym and may access with their membership card. Children under the age of 18 are not permitted to use the gym. The gym is open PLEASE INSERT HOURS.. Appropriate attire and shoes are required for safe use of the equipment. Gym access is based on availability only and hotel staff has the right to deny gym access. Outside Trainers, Coaches, Therapists: The use of non 1 Hotel practitioners on property is strictly prohibited. Any services performed on property must be provided by 1 Hotel South BEach Team members and must be scheduled through Membership or The Spa.

Classes + Workshops: Please allow enough time to sign in before each class. Do not enter a class late or leave early unless you give the instructor prior notice. If you are just starting Health, Yoga or Fitness Classes or one-on one training or have a preexisting injury or problems that prevent full participation, please discuss the situation with the instructor or trainer before class.

Children Policy: Members Club membership at The 1 Hotel South Beach is an family friendly program. Members remain responsible for their children at all times and are responsible for ensuring they do not disturb other guests and members. Parents must remain on the premises at all times that their children are on the premises.

Animals: No pets with the exception of service animals will be permitted at the pool or beach. Dress Code: Appropriate attire and shoes are required. Be mindful of your footing around pools and wet areas. Appropriate closed-toe exercise footwear is required in the fitness facility at all times.

Pricing: The membership rates are subject to annual review and revision. Membership renewals are not automatic and will be reviewed and determined on an annual basis.

Waiver of Liability: Member assumes full responsibility for his or her use of the facility and releases Members Club at 1 Hotel South Beach from any and all claims, including those caused in whole or in part, by the negligence of Members Club at 1 Hotel South Beach and shall indemnify Members Club at 1 Hotel South Beach, the owner, the manager, its affiliates, agents and employees against any and all liability arising out of the use of the facilities. Member assumes the risk of physical activity with his/her own physical condition and acknowledges that he/she has received advice from his/her physician that he/she is capable of physical exercise such as that provided or that he/she will seek such advice or that he/ she assumes the risk of proceeding without such notice. All exercises and use of fitness facilities shall be undertaken by the Member at Member’s sole risk. If the Member or any family member or guest of a Member using the Members Club has a history of heart disease, that person should consult a physician before using the fitness facility or any other health club.

Hours of Operation: Membership allows for access to facilities during our hours of operation. Hours at the pool are sunrise to sunset, but are subject to change.

Rules, Regulations, and Schedules: Member agrees to abide by all the membership rules, regulations and schedules, which may be posted at the pool, fitness facility, beach or lobby areas or issued orally, and which may be amended from time to time, at Management’s sole discretion. All prices and services are subject to change without notice.

Additional Expectations: Members are expected to abide by all Members Club at 1 Hotel South BEach policies while on property in addition to the terms set forth in this Agreement. Memberships are Nontransferable.

Revocation of Membership: Members Club at 1 Hotel South Beach reserves the right to revoke and cancel this membership at any time for any reason without explicit explanation for cancellation/revocation.

Consumer’s right to Cancellation: You may cancel this contract without any penalty or further obligation within three (3) days from the agreement date. Notice of cancellation shall be in writing subscribed by the Buyer and with written notice by either certified or registered mail provided to Members Club at 1 Hotel South Beach , 2341 Collins Avenue, Miami Beach, FL 33139, Attn: Membership Department or (ii) emailed to [email protected] The Member must return all membership cards and bring his/her account balance to zero. Cancellation shall not be effective until all conditions herein are satisfied by the Member. All monies paid pursuant to such contract shall be refunded within fifteen business days of receipt of such notice of cancellation.

CONSUMER PROTECTION CLAUSES

Member shall have the right to cancel this agreement within (3) business days, exclusive of holidays and weekends, of its making. Cancellation must be in writing and delivered either in person or by certified or registered mail by the Member to Members Club at 1 Hotel South Beach , 2341 Collins Avenue, Miami Beach, FL 33139, Attn: Membership Department or (ii) emailed to [email protected] In the event that the member cancels the agreement in accordance with this section, Members Club shall refund all initiation fees and membership dues paid, except that the Members Club may retain an amount computed by dividing the number of occasions Members Club services are to be rendered into the 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. The cancellation of this agreement automatically terminates the Member’s obligation to any entity to whom the Members Club has assigned the Member’s contract. A refund shall be issued within 30 days.

Member may cancel this agreement (in the same manner set forth in section 26 and receive a refund of membership dues paid, if the Members Club goes out of business or relocates more than (5) driving miles from its current location, if the Members Club fails to provide, within 30 days, a facility of equal quality located within (5) driving miles of the Members Club at no additional cost to the Member.

If the Florida Department of Agriculture determines that a refund is due to 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 Members Club shall not be deemed to be out of business when temporarily closed for repair and renovation of the premises: 1) Upon sale, for not more than 14 consecutive days; or 2) During ownership, for not more than 7 consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year. Members should contact the Florida Department of Agriculture for information within 60 days should the Members Club go out of business.

This contract may be canceled if Member dies or becomes physically unable to avail himself of a substantial portion of those services which were used from the contract until the time of disability, with a refund of funds paid in an amount computed by dividing the membership dues paid by number of weeks remaining in the contract term. The Members Club may require proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the Member furnishes to the Members Club a certification of such disability by a physician licensed under Chapter 458, 459, 450, or 461 provided the diagnosis or treatment is within the physician’s scope of practice.

This contract provides that the initial contract will not be for a period in excess of twelve (12) months, and thereafter shall only be renewable annually. A renewal contract may not be executed and the fee therefore paid until sixty (60) days or less before the previous contract expires.

The Members Club is registered with the State of Florida as a Health Studio Facility; Registration number ___.