Signing Fees and Recurring Billing:
Your membership subscription is subject to the applicable terms and conditions. You agree to pay Bombshell Fitness or holder in addition to your down payment the “Total of Payments” identified above by credit/debit card in accordance with the terms of this Contract, including the payment schedule identified selected at signing. In addition to all other obligations in this Contract, you agree to the following:
Your joining fee and all other payments must be made through automatic charges to your credit/debit card account. On your final payment due date, all other amounts owing under this Contract shall also be due. All payments shall be made to Sellar. No bills or invoices will be issued for any payments, except that a bill or invoice may be issued for past due amounts. Any past due amounts shall remain due and owing even if a bill or invoice is not issued. No payments under this Contract may be made in cash. Note: Payments may be posted to your credit or debit card on dates which are later than the payment due date.
Default: If you default in the payment of any installment when due, or cancel your recurring payment agreement, Seller may at its option declare the unpaid total of payments to be immediately due and payable without demand or notice. If any attempt is made to use your membership during a period when you are delinquent in any payment due under this Contract, we reserve the right to deny some or all VIP Membership benefits, services and privileges. We have the right, but not the obligation, to inform the VIP, Body and Soul, or Elite VIP members that their membership is currently invalid due to non-payment and then refer them to [email protected] for any questions. If Seller or its affiliate offers special terms for renewal of any pass and you default in the payment of any installment when due, you shall not be eligible for such special terms. You shall be responsible for paying the expenses we incur in attempting to collect any amounts due under this Contract that are not paid when due, including court costs and reasonable attorneys’ fees if referred for collection to an attorney not a salaried employee of Seller.
Reinstatement: Should you reinstate your membership payments for an account that was in default, you are still bound to the initial number of installment payments indicated in your agreed term, and all other terms of this payment agreement.
Membership Upgrades: You may have the right to upgrade your membership. If you elect to upgrade your membership, you are agreeing to a new membership term, and you must pay on the day of the upgrade the full difference between the cost of the membership initially purchased and the cost of the upgraded membership. Alternatively, your payment schedule may also be changed to reflect the new membership term and pricing. All terms of this Contract shall remain effective and shall apply to the upgraded membership as they did to your initial membership. Downgrades to your membership are not permitted.
Prepayments and Partial Payments: You may prepay all amounts due under this Contract in their entirety at any time without penalty. Partial prepayments are not permitted.
Automatic Payments: As a condition to this extension of credit, you agree to have all payments due under this Contract automatically taken from your credit/debit card account set forth above or the credit/debit card account subsequently designated by you or the card-issuing company. Your payment shall be automatically charged to that account on approximately every 28-days from the date of signing. If there is not enough credit in your credit/debit card account to cover this payment, it shall be up to you to provide us access to another credit/debit card account or to pay the full amount due. In the event that your credit/debit card account number changes or is scheduled to expire while you still owe payments hereunder, you authorize us to obtain the new account number and/or extended expiration date and to update your account information and we may charge your payments to any new number and use any new expiration date. If the unpaid total of payments becomes immediately due and payable, such amount will be automatically charged to your credit/debit card account.
At the end of your initial contract term selected by the member at the time of signing this agreement, membership will auto-renew into a month-to-month agreement for subscription paying members. Flex Pay memberships are for a term of one year with installment payments due every 4-weeks. Month-to-Month memberships require a minimum 3-month commitment and will continue until notice is provided by the buyer intending to cancel. For paid-in-full memberships are for the term selected by the buyer. Member will receive notice and have the right to renew at the current rates offered by Seller.
To stop your membership from auto-renewal member must provide 30-day notice and any final payments due (inclusive of all payments due under the flex-pay agreement) and notify [email protected] 30-days prior to the final installment payment date.
NO RIGHT TO CANCEL
You cannot cancel this contract for any reason, including but not limited to because you change your mind, decide the Membership you have purchased costs too much, or want a different Membership. For medical concerns, please contact [email protected] to discuss membership options.
At the end of your membership term, you may provide 30-days notice and one final payment to cancel your membership with Seller. This written notice must be provided to [email protected]. Notice provided to VIP Coaches, other staff members, or via any method other than an email to the Billing department are not accepted. Seller does not accept notice more than 30-days out for membership cancellation requests.
Seller reserves the right to adjust pricing for our services and/or merchandise in any manner at any time at our sole discretion. Any pricing changes to your service will take effect following an email notice to you.
- All Signing / Joining Fees are NON-REFUNDABLE. This includes your first payment made to join Bombshell during any specials we may offer.
- Once a member has received proprietary information from Bombshell Fitness including but not limited to (1) Access to the B-Connected Membership Portal; (2) Cardio Plans, (3) Workout Plans, (4) Nutrition plans, or (5) access to any of our private social networks, (6) orientation schedule, or (7) goal setting sessions, they are bound to the membership in its entirety and membership is non-refundable, regardless of membership type (paid-in-full or monthly subscriber).
- Camp Payments are non-refundable and non-transferrable. Payments for Camps are transferable to another camp of the members choosing within 1-year of the initial deposit date.
- Registration fees and/or deposits for special events (BOMiCON, Challenges, etc.), are non-refundable and non-transferrable. For BOMiCON, or other special events, this is either the initial deposit made on an installment agreement, or the entry fee for the event, whichever is greater.
- Ancillary Services are non-refundable and non-transferrable. Member has 1-year to utilize service from the date of purchase, this includes but is not limited to Personal Training, Video Consultations, VIP Camps, Swagger Posing Sessions, and any other services Bombshell Fitness offers to their members.
- Coaches Fees are refundable only if Bombshell Fitness does not have a coach on-duty at the show member paid for. If Bombshell Fitness has a coach at the show, but the member is not, the fee may be transferred to another show within that competition year provided that the member gave sufficient notice to Bombshell Fitness that they would not be attending the show.
- Any credits or transferable payments member has on file will be voided if they cancel their membership with Bombshell Fitness and do not renew or reinstate their membership within the 60-day grace period.
- Referral Coupons must be used within 3-months of issue, unless otherwise noted.
- Prizes won for challenges for FREE services must be used for the event indicated, and are not transferable to future events or other members, or other services available.
Miscellaneous: (1) We may delay or waive enforcement of any of the provisions of this Contract, including your promise to make timely payments, without losing our right to enforce the same or any other provision later. (2) You waive the right to receive notice of any waiver or delay or presentment, demand, protest or dishonor. (3) This Contract contains all of the agreements between the parties with respect to the subject matter of this Contract and may not be assigned by you. All prior agreements and representations concerning this subject matter are superseded. (4) Should any term herein be deemed invalid or unenforceable, the remaining terms shall remain in full force and effect. (5) This Contract is made in the State of Florida and shall be governed by and construed under the laws of the State of Florida. (6) Any dispute or legal action between you and us arising out of or in connection with this Contract shall be commenced and maintained exclusively in the Circuit Court in and for Orange County, Florida (or if the Circuit Court shall not have jurisdiction over the subject matter thereof, then in such other court sitting in said county and having subject matter jurisdiction) for trial and determination by the court sitting without a jury. The parties hereby consent to the jurisdiction of such court and to the service of process outside the State of Florida pursuant to the requirements of such court in any matter so to be submitted to it, and expressly waives the right to a jury trial. Notwithstanding anything to the contrary contained in this Clause (6), the parties further consent to the enforcement of the judgment of such court in all jurisdictions (both foreign and domestic). (7) Your sole and exclusive remedy for our breach under this Contract shall be an action for monetary damages, and you irrevocably waive any right to any equitable or injunctive relief hereunder. (8) You represent and warrant to us that you are a resident of Florida, and you acknowledge that we are only willing to enter into this Contract with a resident of Florida.
Your Agreement to the Terms of this Contract: Your agreement to the terms of this Contract shall be evidenced by a copy of this Contract.
*Updated February 24, 2021