TERMS AND CONDITIONS OF SERVICE
Effective Date: December 28, 2025
Last Updated: December 28, 2025
1. AGREEMENT TO TERMS
By accessing the website located at www.ymperformance.com (hereinafter referred to as the “Site”), purchasing a membership, or actively participating in training sessions (collectively referred to as the “Services”) provided by YM Performance (referred to as the “Company,” “we,” “us,” or “our”), you voluntarily agree to be legally bound by these Terms and Conditions in their entirety. These Terms constitute a legally binding contract and agreement between you, the user or member, and YM Performance.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE OR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
2. MANDATORY FLORIDA HEALTH STUDIO DISCLOSURES
1. PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTE § 501.017, THE FOLLOWING PROVISIONS ARE MANDATORY AND APPLY TO ALL MEMBERSHIP CONTRACTS ENTERED INTO WITH YM PERFORMANCE:
2. THREE-DAY CANCELLATION: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS DAYS, EXCLUSIVE OF OBSERVED HOLIDAYS AND WEEKENDS, AFTER THE DATE THE CONTRACT IS SIGNED BY YOU. UPON CANCELLATION WITHIN THIS PERIOD, YOU SHALL RECEIVE A FULL AND COMPLETE REFUND OF ALL MONIES PAID.
3. DEATH OR DISABILITY: YOU MAY CANCEL THIS CONTRACT IF YOU DIE OR BECOME PHYSICALLY UNABLE TO AVAIL YOURSELF OF A SUBSTANTIAL PORTION OF THOSE SERVICES WHICH YOU USED FROM THE COMMENCEMENT OF THE CONTRACT UNTIL THE TIME OF DISABILITY. THE HEALTH STUDIO MAY REQUIRE WRITTEN PROOF OF SUCH DISABILITY FROM A LICENSED PHYSICIAN. A REFUND CALCULATED ON A PRO-RATA BASIS SHALL BE ISSUED WITHIN 30 DAYS OF RECEIPT OF THE NOTICE OF CANCELLATION AND PROOF.
4. FACILITY RELOCATION: IF THE HEALTH STUDIO GOES OUT OF BUSINESS OR PERMANENTLY MOVES ITS FACILITIES MORE THAN 5 DRIVING MILES FROM THE BUSINESS LOCATION DESIGNATED IN THE ORIGINAL CONTRACT AND FAILS TO PROVIDE, WITHIN 30 DAYS, A FACILITY OF EQUAL QUALITY LOCATED WITHIN 5 DRIVING MILES OF THE DESIGNATED LOCATION, YOU MAY CANCEL THE CONTRACT WITHOUT PENALTY AND RECEIVE A PRO-RATA REFUND.
5. CONSUMER PROTECTION: SHOULD YOU CHOOSE TO PAY FOR SERVICES IN ADVANCE FOR A PERIOD EXCEEDING 30 DAYS, BE ADVISED THAT THIS HEALTH STUDIO IS REGISTERED WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (FDACS) TO PROTECT CONSUMERS.
3. ELIGIBILITY AND MEDICAL REPRESENTATION
By participating in our Services, you represent and warrant that:
1. You are at least 18 years of age or older (or have express, written parental/guardian consent if you are a minor).
2. You are in good physical condition and have no known medical reason or impairment that would prevent you from intended exercise and participation in the Services.
3. Medical Consultation: You are strongly advised to consult with a licensed physician before starting any new exercise program. YM Performance trainers are not medical professionals and cannot diagnose or treat any medical condition or injury.
4. ASSUMPTION OF RISK & RELEASE OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS YOUR LEGAL RIGHTS.
1. Inherent Risks: You acknowledge and understand that physical training, weightlifting, and high-intensity exercise involve inherent risks of injury, including but not limited to muscle strains, ligament tears, broken bones, cardiovascular complications, or even death.
2. Voluntary Participation: You voluntarily assume all risks associated with participation in the Services, whether occurring in a physical studio, outdoors, or via remote digital coaching platforms.
3. Waiver (Florida Law): To the fullest extent permitted by applicable Florida law, you hereby release, waive, and discharge YM Performance, its owners, employees, and independent contractors from any and all liability for personal injury, property damage, or wrongful death caused by the ordinary negligence of the Company or otherwise while you are participating in the Services.
5. MEMBERSHIP, BILLING, AND PAYMENTS
1. Subscription Basis: Most Services are provided on a recurring subscription basis. You authorize YM Performance to automatically charge your provided payment method on a [Monthly/Weekly] basis until you provide proper notice of cancellation.
2. Price Changes: We reserve the right to adjust pricing for memberships and services. We will provide at least 30 days’ prior written notice before any price increase takes effect for existing members.
3. Late Fees: Payments not received within 5 days of the scheduled due date may incur a late fee of $[Insert Amount] or 5% of the outstanding balance, whichever is greater.
6. CANCELLATION AND REFUND POLICY
Standard Cancellation: Outside of the mandatory Florida 3-day cancellation window, you must provide [e.g., 30 days] advance written notice to cancel a recurring membership.
No Refunds: Except as expressly provided in the Mandatory Florida Disclosures (Section 2), all sales of services and products are final and non-refundable. Unused personal training sessions do not “roll over” to the next month unless specifically agreed upon in writing.
Session Cancellations: To avoid being charged for a scheduled 1-on-1 training session, you must provide at least 24 hours’ advance notice of cancellation. Failure to provide such notice will result in the forfeiture of that session and you will be charged for it.
7. CODE OF CONDUCT
YM Performance is committed to maintaining a professional and respectful environment for all members and staff. We reserve the right to terminate your membership immediately without refund if you:
1. Engage in harassment or discriminatory behavior toward staff or other clients.
2. Willfully damage equipment or studio property.
3. Engage in illegal activities on the premises.
8. INTELLECTUAL PROPERTY RIGHTS
The Site and Services, including but not limited to custom-designed training templates, nutrition guides, educational videos, logos, and all website copy, are the exclusive intellectual property of YM Performance and are protected by copyright and other intellectual property laws.
1. Limited License: You are granted a limited, non-exclusive, non-transferable license to use your personal training plans and materials for your personal use only.
2. Prohibited Use: You may not redistribute, resell, share, or publicly post any proprietary training materials provided to you by YM Performance without express written consent.
9. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions shall be governed by and construed following the laws of the State of Florida without regard to its conflict of law principles.
1. Venue: Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the courts located in [Insert County, e.g., Orange County], Florida.
2. Arbitration: At the sole discretion of the Company, disputes may be submitted to and settled through binding arbitration in accordance with the rules of the American Arbitration Association.
10. CONTACT INFORMATION
To resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:
YM Performance: [6912 Asphalt Ave, Tampa, FL 33614]
Email: [email protected]
Phone: (813) 486-3009
