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AUTOMATIC RENEWAL PROGRAM: Provided that Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew for the rate indicated below, and will continue until the Member cancels. Renewal terms may be cancelled at any time provided a 15-day email notice is delivered to FitnessLoungeNYC@gmail.com. For further questions regarding cancellation, please call (347) 813-4200
RULES AND REGULATIONS
It is expressly agreed that all use of the fitness facilities shall be undertaken by a member of his or her sole risk, and the Club shall not be liable for any injuries or damage to any member or guest, or the property of any member or guest, or be subject to any claim, demand, Injury, or damages whatever including, Without any limitations, those damages resulting from acts of active or passive negligence on the port of the Club, its successors or assignors, as well as its officers and agents for all such
claims, demands, injuries, damages, actions or cause of actions. It is specifically agreed that the Club shall not be responsible or liable to members or their guests for articles lost or stolen in the Club. The Club also shall not be responsible or liable for loss or damage lo any other property of any members by another member or his guest, is the sole responsibility of the offending.
1. WARRANTY OF PHYSICAL FITNESS: The member warrants that he/she is in good physical condition and has no disability, impairment, or ailment which would adversely affected by participation in a physical conditioning program or by use of the Fitness Lounge NYC, Fitness Lounge LLC, or Fitness Lounge One, LLC facilities or services. NOTE: Fitness Lounge suggests that the undersigned have a physical examination performed by a qualified physician prior to obtaining a membership.
2. BUYER’S INDEMNITY AGREEMENT: Buyer assumes full responsibility for any person who becomes a Member under this agreement and shall indemnify Management, its affiliates, agents, representatives and employees against any and all liability incurred by them to such Member who does not become a signatory.
3. RULES REGULATIONS AND SCHEDULES: Member agrees to abide by the Rules, Regulations, Policies and Schedules of the facility which may be posted by Management and/or issued orally, and which may be amended from time to time at Management’s discretion and good advice. Certain educational testing or special use equipment may be added in the future for which the member will pay for on a per use basis
4. SWIPING IN: All members are to use their key fob or code to swipe into the facility and not permitted to open enter without using personal code. Members are not permitted to open the door to allow others inside at any time. Opening the door to others can result in immediate termination of membership
5. GUEST POLICY: Members are not allowed to bring in guests. Brining in a guest will result in immediate termination of membership.
6. SUSPENSION OF MEMBERSHIP: Management has the right to suspend and/or terminate any membership for nonpayment of fees as agreed, or other fees as used and charged, for violation of rules or good order, or for behavior contrary to the enjoyment of the facilities by other members.
termination of Member’s membership in the Club
9. HOURS: The hours and days of operation shall be posted on the premises. Hour and days of operation shall be subject to reasonable change at the sole discretion of Fitness Lounge One
10. BUYER’S OBLIGATIONS: Except upon proper expressed cancellation rights, Buyer is not relieved of his/her obligation to make payments as agreed. No deduction
or allowances from any payments shall be mode by reason of member’s failure to attend or use the facilities of Fitness Lounge One
11. WORKOUT CLOTHING AND PROTOCOL: Member is bound to any agreement to exercise in proper exercise clothing at all times. No jeans, button shirts, skirts or other street wear will be allowed while participating in exercise. Work shoes or street shoes are not permitted. Member must wear proper athletic-type footwear (sneakers) while exercising. Only approved weightlifting support belts may be worn while exercising.
12. MONTHLY DUES: Dues are automatically charged on your billing cycle date of every month starting from the day you sign up via stripe. If payment is not received within 3 days, membership will be terminated.
13. VALUABLES AND PERSONAL PROPERTY: Members are urged to avoid bringing valuables onto club premises. Management, its agents, affiliates, representatives and employees are not liable for storage, safekeeping, loss, theft of nor damage to personal property of members or guests.
16. CHANGE OF ADDRESS: Members must notify Management immediately of any address, home or telephone change, billing information or E-mail.
17. MISCELLANEOUS: This Contract constitutes the entire and exclusive Contract between the parties. Any promises, representations, understandings and/or Contracts pertaining directly or indirectly to this Contract which are not contained herein, are hereby waived. This Contract may be modified only by on instrument in writing, however, the Club or assignee of this Contract is hereby authorized to correct patent errors in this Contract (and in other documents, if any, executed in connection herewith). The parties agree that in any action to enforce the terms of this Contract the prevailing party shall be entitled lo recover all costs of such action including reasonable attorney’s fees. At Club’s option, this Contract shall be null and void if it is not completed by Club’s employee in accordance with Club’s then current pricing and payment program policies. No change to any printed term in this Contract shall be valid. This Contract is governed by and construed under the laws of the State of New York. If any particular provision of this Contract is held to be invalid by a court of competent jurisdiction, the same shall not affect the other provisions hereof.
18. USE OF PHOTOGRAPHIC LIKENESS – By signing this Agreement, the member grants the Club the right to use their photographic likeness for promotional purposes, including, without limitation, for online usage and marketing materials.
CONTACT: Member affirms, acknowledges and attests that Member’s mailing address, telephone number, and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that Fitness Lounge One LLC andFitness Lounge, LLC, including its agents and affiliates, may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or subsequently provided by
Member to Fitness Lounge One LLC and its affiliates.
Arbitration. Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Membership Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be the city of your club location and state of your club location law shall apply. In the event of a claim arising out of or relating in any way to the Membership Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its third party payment processor, which is currently
MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
E-SIGN Consent. Certain laws and regulations may require Fitness Lounge One LL/Fitness Lounge LLC to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided to Member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that Fitness Lounge One LL / Fitness Lounge LLC may provide Member. Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting Fitness Lounge One LL/Fitness Lounge LLC and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Fitness Lounge One LL/Fitness Lounge LLC. Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member’s receipt of the Documents. Member agrees to maintain a valid email address with Fitness Lounge One LL/Fitness Lounge LLC, and to promptly notify Fitness Lounge One LLC / Fitness Lounge LLC of any changes to Member’s email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of Fitness Lounge One LL/Fitness Lounge LLC. To access, view and receive the Documents electronically, Member agrees and acknowledges that it must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member’s electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that it may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then Fitness Lounge One LL/Fitness Lounge LLC, will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same.
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Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view and receive the Documents electronically, and that Member has provided a valid and active email address to Fitness Lounge One LL/Fitness Lounge LLC
ASSUMPTION OF RISK ACKNOWLEDGMENT
Because physical exercise can be strenuous and subject to risk of injury, including serious injury or death, the Club urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity, or use any club amenity on the premises or off premises including any sponsored club event, you do so entirely at your own risk. Likewise, dietary modifications can cause a variety of changes and can create problems, including as it relates to your energy, stamina, appetite, and mood. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You assume all risk by participating in physical activity when alone on the premises.
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You agree that you are voluntarily participating in these activities and use of these facilities and assume all risk of injury, illness, or death. You also assume responsibility for any loss, damage, or disappearance of your personal property.
The assumption of risk also includes, without limitation, all injuries or illness which may occur, as a result of: (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction; (b) the sudden and unforeseen malfunctioning of any equipment; (c) our instruction, training, supervision, or dietary recommendations; (d) any on-line or virtual training; or (e) your slipping and/or falling while in the club, or on the club premises, including adjacent sidewalks and parking areas. This assumption of risk also includes the possibility of the presence of or transmission of any bacteria, viruses, or infectious diseases. Additionally, you understand that the Club occasionally photographs/videotapes client events/sessions and you consent your approval for the Club to use these images or video in any and all media for promotional purposes with no financial or other remuneration due to you. If I am in a state that requires a mask without vaccination, I will comply.
By signing below, you acknowledge that you have carefully read this document and fully understand the risks that you are undertaking.
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