D1 Program Agreement
1. Agreement. This agreement (“Agreement”) is between D1 Facilities Ops 1 LLC, DBA D1 D1 Naples (“D1”) and (“Athlete”) located at 3397 Pine Ridge Road Naples FL 34109. This agreement is entered on _____________ (Month/Day/Year) (“Effective Date”) and shall remain in effect until expressly terminated as described herein.
2. Program and Program Fees. DI provides its services and memberships (“Program”) in exchange for fees (“Program Fees”), which vary depending on the type of Program and the duration of the Program. Athlete is advised to speak with D1 management about any questions related to the Programs, Program Fees, and policies. Athlete acknowledges and agrees to the following terms:
a. D1 Annual Program. Payment for Program Fees for a D1 annual Program membership (“Annual Program”) is due and owing immediately upon the date Athlete signs this Agreement or upon the first week of the Program. Program Fees may be paid in their entirety upfront or paid via weekly automatic electronic funds transfer (“EFT”) (credit card, debit card, or automatic account draft). There shall be a 3% charge on ALL non-EFT drafts. The Annual Program Fees paid upfront are non-refundable. The Annual Program includes a maximum of six (6) workouts per week.
b. Term Programs. For term Program memberships, that is, memberships of less than one year (“Term Program”), Athlete’s first week at D1 may be prorated, contingent upon when this Agreement is initiated relative to the first day of each week. Term Program Program Fees are only prorated once, upon initial enrollment with D1. Term Program Program Fees may be paid in their entirety upfront or paid via weekly automatic electronic funds transfer (“EFT”) (credit card, debit card, or automatic account draft). Term Program fees paid upfront are non-refundable.
c. D1 Workout Packs. The D1 “Workout Packs” are a pay-per-workout Program that will be monitored by D1’s software. Workout Packs Fees may be paid in their entirety upfront or paid via weekly automatic electronic funds transfer (“EFT”) (credit card, debit card, or automatic account draft). Workout Pack fees paid upfront are non-refundable.
d. D1 Overtime Programs. All D1 “Overtime Programs” are automatically renewed and charged every thirty (30) calendar days from the date Athlete signs this Agreement (“Billing Cycle”) unless terminated in accordance with the Cancellation Policy (as defined herein).
e. D1 Family Program. For the purpose of this Agreement, “Family” is defined as spouse or children living in the same household. Each Athlete will have their own profile and credit will be applied to each family member. If a D1 Family Program drops to one Athlete, the Program Fees change to the appropriate individual rate in effect at that time.
f. D1 Team Training. All D1 Team Training will be charged as a pay-per-workout Program, similar to Workout Packs. All participants must sign this Agreement. The designated leader of the team is responsible for all Athletes to sign the Agreement.
g. D1 Rental, Party, or League. All participants in any rental, party, or league are required to sign this Agreement. The designated leader of the team for the party, rental, or league is responsible for actions and events occurring during the rental, party, or league.
h. Right to Modify Program Fees. D1 has the right to increase Program Fees at any time.
i. Expiration of Programs. Upon the expiration of the term of this Agreement, the Agreement shall automatically renew for an additional term of the same duration unless Athlete provides D1 written notice of termination at least thirty (30) calendar days, but no more than sixty (60) calendar days, prior to the expiration of Athlete’s Program. Notice of the intent to terminate must be in writing and sent via certified mail, hand delivered to the general manager of Athlete’s local D1 facility, or by email to d1naples@d1training.com with response from the general manager of Athlete’s local D1 facility.
j. Taxes. Any and all taxes can and will be charged according to local, state and federal law.
k. Workout Pack and D1 on 1 Program Expiration. All Workout Packs and “D1 on 1 Program” purchases expire four (4) weeks from the date of the last workout according to D1 software.
3. Availability of Facility.
a. Workout or by Appointment only. D1 does not offer or provide an “Open Gym” facility. Athletes may use D1’s facilities only during scheduled workouts, scheduled events or by appointment. Operating hours and current workout schedules are listed on our website. D1 reserves the right to change operating hours or workout schedules at its sole discretion without any effect to this Agreement.
b. Limited Availability. D1 may close its facility for seminars, certifications, maintenance, selected holidays and other hours based on local, state, or federal laws or restrictions. D1 may delete, change, discontinue, repair, or replace any part or all of the facility without any effect on this Agreement. If no part of the facility is available, and no alternative programming is made a available, for more than seven (7) consecutive days (not including Sundays) for any reason but less than fifteen (15) consecutive days (not including Sundays), except acts of nature, D1 will extend Athlete’s Program, without additional Program Fees, for the same period the facility was unavailable. Should the facility become unavailable, and no alternative programming is made available, for more than fifteen (15) consecutive days (not including Sundays) for any reason including acts of nature, then Athlete may cancel Athlete’s Program effective the first day of the following month. D1 will not be responsible for refunding any Program Fees paid, including advance payments up to twelve (12) weeks. Any Programs that are paid for more than twelve (12) weeks in advance will have the portion corresponding to a term beyond twelve (12) weeks refunded.
c. Community Standards. D1 is a private, independent, community-oriented company. The undersigned and the undersigned’s guests are asked to uphold behavioral standards that exist for the betterment of D1’s community. Guests are asked to cooperate in preserving a community focused and family friendly atmosphere, free of inappropriate language, disrespect for others, and immodest dress. Pets, illegal drugs, weapons, alcoholic beverages and tobacco are prohibited anywhere on the facility.
d. No Show Policy. For an Annual Program, all Athletes must cancel at least four (4) hours prior to their scheduled workout or a Fifteen and 00/100 Dollars ($15.00) no show fee will be charged to Athlete’s account. For Overtime Programs and D1 on 1 Programs, all Athletes must cancel at least twenty-four (24) hours prior to their scheduled workout to avoid payment for the workout.
e. Limited Use. If Athlete knows or should know Athlete has a problem that might prevent Athlete from using D1 (i.e., medical or family emergency, business travel, vacation, etc.) and Athlete signs this Agreement, Athlete agrees that Athlete’s Program is limited accordingly. However, Athlete still must pay Program Fees as if Athlete could use the facility; there will be no carry-over of Program Fees into subsequent weeks for any time unspent using the facility in a previous week. See our Freeze Policy (as defined below) for Annual Program and our Cancellation Policy for other options.

1 s 1 year. t two (2) months during the Agreement. Notice of freeze must be given two (2) weeks prior to the first day of the week to be frozen, via e-mail at d1naples@d1training.com, attention general manager at Athlete’s local D1 facility. Athletes will not be billed for the Program Fees during the frozen period. Billing will resume automatically upon the end of the freeze. The current Program Agreement and membership period will then be extended by up to two months.
5. Training Services. D1 agrees to provide a sports trainer (“Coach”) to provide training services to Athlete, in exchange for Program Fees. Unless such training services are provided at the D1 facility, Athlete agrees to bear all costs associated with the training services, including the costs of all equipment and rental of the building or space in which training services are provided, if any.
6. Late Payment / Declined Credit Card Fees. Athlete is ultimately responsible for all Program Fees and costs. A Fifteen and 00/100 Dollar ($15.00) late payment will be due and payable for payments received past each tenth (10th) day after the date of Athlete’s bill. A returned check or declined credit card/debit card will result in a fee of Twenty-Five and 00/100 Dollars ($25.00). Athletes who are not current on payment will not be allowed to participate in workouts. Athlete understands and agrees to be responsible for all collection costs incurred by D1 in securing late payments due to any reason, including reasonable attorneys fees.
Initials
7. Cancellation Policy. The following sets forth D1’s cancellation policy (the “Cancellation Policy”). An Athlete may not cancel his/her Program at any time unless one of the following occurs:
a. General Cancellation Policy: Clients on Monthly or Weekly Agreements can cancel their agreement any time with an advanced 30 day written notice.
b. Relocation. Athletes may cancel this agreement if Athlete moves more than fifty (50) miles away from a D1 location, except however, the Athlete must continue paying Program Fees until a utility bill is provided evidencing the Athlete’s new address under Athlete’s own name. Notice of Athlete’s intent to cancel pursuant to this paragraph must be sent via email to the general manager of Athlete’s D1 facility, and shall be effective on the later of either the payment of amounts owed hereunder or ten (10) days following the general manager’s receipt of such e-mail.
c. Death or Permanent Disability. Athletes may cancel if Athlete dies or becomes totally and permanently disabled during the duration of this Agreement. Proof of death or total and permanent disability must be provided. Notice of intent to cancel and proof of death or total disability must be sent via email to the general manager of Athlete’s D1 facility, and shall be effective on the later of either the payment of amounts owed hereunder or ten (10) days following the general manager’s receipt of such e-mail.
c. The D1 Guarantee. Athletes with an Annual Program may cancel the remainder of their contract within thirty (30) days of signing, if (i) the Athlete checks into at least six (6) workouts prior to cancelling; and (ii) the Athlete’s attendance in at least six (6) workouts is verified by D1 staff.
d. D1 Overtime Program. Athletes may cancel a D1 Overtime Program with notice of intent to cancel given at least thirty (30) calendar days prior to the end of the current Billing Cycle. Notice of intent to cancel must be sent via email to the general manager of Athlete’s D1 facility and response from the general manager must be received.
e. D1 Annual Program. The D1 Annual Program is a set price paid annually. Athletes may cancel a D1 Annual Program with notice of intent to cancel given at least thirty (30) calendar days prior to the date Athlete wishes to cancel the Program. Athlete acknowledged that once a D1 Annual Program is cancelled, Athlete shall be responsible for and must pay fifty percent (50%) of the remaining balance, which such balance must be paid before Athlete’s cancellation is effective.
f. Cancellation Fee. For any reason other than those listed above, a cancellation fee equal to seventy-five percent (75%) of the pro-rated value of the remainder of Athlete’s Agreement must be paid, and such payment must clear the bank before cancellation is effective. Notice of Athlete’s intent to cancel must be sent via email to the general manager of Athlete’s D1 facility, and shall be effective on the later of either the payment of amounts owed hereunder or ten (10) days following the general manager’s receipt of such cancellation e-mail.
8. Lost or Stolen Articles. D1 assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after thirty (30) days will be donated to charity or thrown away.
9. Smoking, Alcohol, Food and Drink. No smoking is allowed in any part of the facility. Food or drink may be taken into the facilities if it is in a non-breakable, enclosed container. No alcohol is permitted anywhere on the premises.
10. Social Media Release. By signing below, Athlete hereby grants D1, D1’s Franchisor (D1 SPORTS FRANCHISE, LLC) AND FRANCHISOR’S RESPECTIVE AFFILIATES (COLLECTIVELY REFERRED TO IN THIS PARAGRAPH AS “D1”) the unconditional right and unrestricted permission to use Athlete’s likeness, image, voice, and or appearance in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. Athlete understands and agrees that all photos will become the property of D1 and will not be returned. Athlete hereby irrevocably authorizes D1 to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, Athlete waives any right to inspect or approve the finished product wherein Athlete’s likeness appears. Additionally, Athlete waives any right to royalties or other compensation arising or related to the use of any such material. Athlete hereby holds harmless, releases, and forever discharges D1 from all claims, demands, and causes of action which Athlete, Athlete’s heirs, representatives, executors, administrators, or any other persons acting on Athlete’s behalf or on behalf of Athlete’s estate have or may have by reason of this authorization or use of photos. D1 agrees to comply with applicable privacy laws. By signing this Agreement, D1 is allowed to send news and promotional offers to Athlete via phone call, text message, email, or any form of communication. To opt out, Athlete must send “STOP” to the designated form of communication Athlete wants to opt out from.
11. RELEASE OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK. D1 PROVIDES ATHLETE AND THE GENERAL PUBLIC VARIOUS PROGRAMS, INCLUDING WITHOUT LIMITATION GROUP FITNESS PROGRAMS, SPORTS AND SKILL TRAINING PROGRAMS, AND OTHER RELATED SERVICES. BY SIGNING BELOW, ATHLETE ACKNOWLEDGES AND AGREES TO THE FOLLOWING: ATHLETE REPRESENTS THAT ATHLETE IS PHYSICALLY FIT TO PARTICIPATE IN THE PROGRAM AND THAT PRIOR TO PARTICIPATION IN THE PROGRAM, ATHLETE HAS CONSULTED A PHYSICIAN REGARDING ANY LIMITATIONS OR MEDICAL RISKS THAT ATHLETE HAS IN RELATION TO THE PROGRAM AND CERTIFIES THAT ATHLETE IS FREE FROM ANY SUCH LIMITATIONS AND MEDICAL RISKS. ATHLETE FURTHER UNDERSTANDS AND AGREES THAT THE PROGRAM INVOLVES PHYSICAL EXERTION AND STRENUOUS PHYSICAL ACTIVITY BY ATHLETE, WHICH ENTAILS CERTAIN RISKS AND SERIOUS BODILY INJURY AND/OR DEATH MAY OCCUR. FOR EXAMPLE, PHYSICAL CONTACT WITH OTHER PARTICIPANTS, EQUIPMENT OR SURFACES MAY OCCUR DURING THE PROGRAM. WITH FULL KNOWLEDGE OF THE RISKS OF SERIOUS BODILY INJURY AND DEATH, ATHLETE VOLUNTARILY CHOOSES TO PARTICIPATE IN THE PROGRAM AND (I) HEREBY FOREVER RELEASES, COVENANTS NOT TO SUE, DISCHARGES AND WAIVES ALL LIABILITY ON BEHALF OF D1, ITS EMPLOYEES, EXECUTIVES, AGENTS, D1 SPORTS FRANCHISE, LLC (“FRANCHISOR”) AND FRANCHISOR’S RELATED AFFILIATES (INCLUDING WITHOUT LIMITATION D1 SPORTS HOLDINGS, LLC), OWNERS, SUBSIDIARIES, PARTNERS, SPONSORS, ASSIGNS, OWNERS AND LESSEES OF THE PREMISES, CONSULTANTS, VOLUNTEERS AND CONTRACTORS (THE "RELEASEES") FOR ANY BODILY INJURY OF ANY KIND, PROPERTY DAMAGE OR DEATH, SUFFERED BY ATHLETE AS A RESULT OF ATHLETE’S PARTICIPATION IN THE PROGRAM, REGARDLESS OF WHETHER SUCH BODILY INJURY OR DEATH WAS DUE TO NEGLIGENCE OF ANY KIND COMMITTED BY D1 OR THE RELEASEES OR OTHERWISE, (II) AGREE TO INDEMNIFY AND HOLD HARMLESS D1 AND THE RELEASEES FROM ANY LOSS, LIABILITY, OR COST THEY MAY INCUR ARISING OUT OF OR RELATED TO ATHLETE’S PARTICIPATION IN THE PROGRAM, WORKOUT PLAN, NUTRITION GUIDE, ANY COMMUNICATION, INJURY, AND MISCONDUCT, AND (III) ASSUME FULL RESPONSIBILITY FOR ANY BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO ATHLETE’S PARTICIPATION IN THE PROGRAM AND/OR USE OF THE FACILITY.
12. Supervision of Children. Athletes must be four (4) years of age or older and supervised by a D1 Coach during the training schedule created by D1 or their Coach while enrolled in any Program. D1 will be the sole determiner if a child between the ages of 4-18 may participate in any Program. This determination will take into account the following and other factors: physical and emotional maturity, physical ability to safely perform exercises, and ability to follow instructions.
Parent or legal guardian’s initials, if applicable ____________
13. Rules and/or Regulations. Athletes who do not observe D1 rules and regulations or who abuse equipment in any fashion will be asked to leave. D1 reserves the right to terminate the Program of anyone who refuses to observe any of D1’s rules or regulations. Not all rules and regulations are listed in this agreement. D1 reserves the right to add, change or remove rules, conditions of Program, opening and closing hours, and all services and facilities offered by D1.
14. Conduct. D1 reserves the right to immediately terminate Athlete’s use of, or access to, the D1 facility at any time if D1 decides at its sole discretion that Athlete has breached this Agreement or any relevant law, rule or regulation or Athlete has engaged in conduct that D1 considers to be inappropriate or unacceptable. D1 is committed to the health, safety, and welfare of each of its Athletes and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. D1 has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of Program without refund as a result of any Athlete engaging in unacceptable behavior.
15. Damages. Athletes shall pay for any damages to D1 property which results from the willful or negligent conduct of Athlete, Athlete’s guest, or dependent children.
16. Affirmation of Liability Waiver. Athlete’s execution of the D1 Sports Liabiltiy Waiver & Release (“Liability Waiver”) with D1 is a term and condition of this Agreement. In the event that Athlete is entering into a Program Agreement following a free trial or consultation, Athlete hereby agrees, assents and covenants that in the event Athlete does not sign a Liability Waiver in conjunction with this Agreement, the Liability Waiver executed in conjunction with the free trial shall be treated as if Athlete executed the Liability Waiver contemporaneously with this Agreement, and all terms and conditions of the Liability Waiver hereby apply to D1’s provision of services under this Agreement in addition to the services provided pursuant to the free trial or consultation.
17. Entire Agreement. This Agreement and the Liability Waiver, which is incorporated herein, constitutes the entire and complete agreement of the parties with respect to the transaction contemplated hereby, and conversations, undertakings, representations, promises, inducements, warranties or statements not reduced to writing and expressly set forth herein shall be of no force or effect whatsoever. This Agreement may not be modified, altered or amended except by a written instrument executed by both parties. To the extent that there are an conflicts between this Agreement and the Liabiltiy Waiver on provisions addressed by both, the terms of the Liability Waiver shall govern.
18. Severability. If one or more provisions of this Agreement, including without limitation the Liability Waiver, which is incorporated herein, are held to be unenforceable under applicable law, the balance of the Agreement shall be interpreted as if such provision were so excluded and the balance of the Agreement shall be enforceable in accordance with its terms.
19. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original. Each party may be entitled to rely upon a facsimile or an electronic version of this Agreement, either of which shall be deemed to be sufficient. Further, this Agreement and any amendment thereto, may be signed electronically through any program in compliance with the ESIGN Act of 2000.
20. Governing Law. Any controversy or claim arising out of or relating to this Agreement (except for any claim by D1 in collection of any amounts due hereunder as a result of Program Fees, as described in Section 21 below) shall be resolved through arbitration pursuant to the Federal Arbitration Act, and such arbitration shall be the exclusive, final and binding remedy. The parties agree that the arbitration shall take place in Indianapolis, Indiana and will be through the American Arbitration Association (“AAA”), a public service, non-profit organization that offers unbiased dispute resolution services. The arbitrator shall apply the internal laws of the State of Indiana (without giving effect to its conflict of laws principles). Judgment upon any award reached by the Arbitrators may be entered in any federal or state court having jurisdiction thereof. The arbitration shall take place before a single arbitrator with experience related to the legal nature of the dispute at hand and jointly selected (or appointed by the AAA if the parties are unable to agree upon an arbitrator within ten days). The non-prevailing party, as that term is interpreted by Indiana courts, shall be responsible for payment of the full costs of the arbitrator and reasonable expenses of the prevailing party including attorney fees and expert witness fees. The award rendered by the arbitration shall be entered in any court having jurisdiction thereof.
21. Attorney’s Fees and Collection. If D1 is required to institute suit against the other party to enforce its rights under this Agreement for any claim by D1 in collection of any amounts due hereunder as a result of Program Fees, and if D1 obtains a valid non-appealable judgment or final judgment against the Athlete, then the Athlete agrees to pay all reasonable costs, expenses and reasonable attorney's fees of D1 attributable to the enforcement of this Agreement.
22. Waiver. No conduct or course of action undertaken or performed by the parties hereto shall have the effect of, or be deemed to have the effect of modifying, altering or amending the terms, covenants and conditions of this Agreement. Failure of any party to exercise any power or right given hereunder or to insist upon strict compliance with the terms hereof shall not be, or be deemed to be, a waiver of such party's right to demand exact compliance with the terms of this Agreement.
23. Confidentiality. Athlete agrees to keep the specific terms of Athlete’s Program Fees confidential.
24. Miscellaneous.
a. The training services created by D1, which may include data, techniques, materials, programs, methods, manuals, and other information used in carrying out the terms of this Agreement, are the sole property of D1 and may not be used, replicated, disclosed, published or sold without prior written consent from D1.
b. Other than access to D1’s regular workout schedule, programs or services provided to Athlete are done as a courtesy and may be stopped by D1 at any time.
c. D1 retains the right to alter the terms of this Agreement at any time.
D1 Facilities Ops 1 LLC is registered with the State of Florida as a Health Studio. Registration No. is HS_________.
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Provisions under Section 501.017, Florida Statutes Pursuant to Section 501.017, Florida Statutes (F.S.)
1. Members are entitled to the penalty-free cancellation of this contract within 3 days, 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 monies paid under the contract, except that the health studio may retain an amount computed by dividing the number of 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 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. A refund shall be issued within 30 days after receipt of the notice of cancellation.
2. Members are entitled to the cancellation and refund of the 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.
3. A member’s notice of his/her intent to cancel shall be given in writing to the health studio. And that such a 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. 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. (Attention Health Studio Owner! Please Note: this applies to any notice cancellation)
4. 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 renovation of the premises:
1. Upon sale, for not more than 14 consecutive days; or 2. 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. A refund will be issued within 30 days after receipt of the notice of cancellation.
5. 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.
6. 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 refund of funds paid or 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 result by the number of weeks remaining in the contract term. The buyer or the buyer's estate seeking relief under this paragraph may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to the health studio a certification 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.
7. 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. a. If this studio sells a single contract for 30 days or less, without any option or other condition which establishes any right or obligation of a member beyond the 30-day period then provision 1 should read as follows: “The initial contract will not be for a period in excess of 30 days. Renewal contracts may not be executed, and the fee therefore paid until the preceding contract expires.” b. If this studio sells SESSIONS in this manner (7a) then the contract must ALSO indicate: “All sessions must be used within 30 days.”
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.
WITNESS our signatures as of the day and date first stated above.
Athlete
____________________________
Name of Athlete - Printed
____________________________
Athlete (or Parent/Guardian if Athlete is under the age of 18) - Signature
D1 Facilities Ops 1, LLC, DBA D1 Naples
___________________________
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