In consideration for being permitted to sign up for, access and/or attend classes, events activities, workshops, and other programs and for using the premises, facilities, and Formformer (individually and/or collectively “the classes and facilities”) of FORM50, LLC d.b.a. FORM50 Fitness, I HEREBY ACKNOWLEDGE AND AGREE TO, ON MY OWN BEHALF, AND ON BEHALF OF MY PERSONAL REPRESENTATIVES, HEIRS, ASSIGNS, EXECUTORS, ADMINISTRATORS, AND NEXT OF KIN, AS FOLLOWS:
1. I am aware and acknowledge that there are certain inherent risks and dangers while participating in the FORM50 class in association with the Classes and Facilities;
2. I am aware and acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries;
3. Upon entering FORM50, I will inspect the premises, facilities, and equipment and my observation and use of the same shall constitute an acknowledgement that I find and accept such premises to be safe and reasonably suited for their intended purpose(s);
4. If I do find any unsafe or unreasonable suited conditions with the premises, facilities and equipment, I will immediately cease to continue with my activity and will immediately notify an employee or Independent Contractor of FORM50 of the unsafe or unreasonable suited condition;
5. I assume the risks of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the premises of FORM50 and agree to use care in the use of the facilities, equipment and premises of FORM50 and to protect against accidents to or by other participants;
6. I am aware and acknowledge that the specific risks vary from each movement to another, but range from (i) minor injuries such as scratches, bruises, and sprains; (ii) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; (iii) catastrophic injuries including death and paralysis;
7. I am aware and acknowledge that I should consult with my physician before participating in classes at FORM50, especially if I have a history of heart disease, high blood pressure, or another chronic illness which may affect my ability to participate in classes at FORM50.
8. I agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the classes and facilities; release, indemnify, and hold harmless FORM50, its direct and indirect parent, officers, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from and against any and all liability, responsibility, claims, actions, suits, procedures, costs, expenses, damages, injuries, demand or cause of action that I may suffer whether with respect to personal injury, death, damage to or destruction of property, theft, or otherwise that may arise out of or in anyway related to the participation in the Classes or use of the Facilities and I represent that I:
(a)have no medical condition that would prevent me from using any of the Classes and Facilities,
(b) do not have a physical or mental condition that would put me in any physical or medical danger, and
(c) have not been instructed by a physician to not participate in physical exercise such as that offered by FORM50.
9. I am aware and acknowledge that if I have chronic disabilities or conditions, I am at risk in FORM50 Classes and Facilities, and should not be participating in any Classes which could cause increased risk of injury or adverse health consequences as a result of exercise;
10. I am aware and acknowledge that FORM50 makes no claims as to medical results that can or may be obtained through the use of the Formformer. FORM50has neither suggested or will suggest any medical treatment to me. Only licensed medical professionals are qualified to give medical advice. I am instructed not to act on the advice given by any unlicensed employee or representative unless such advice has been verified by the participant’s licensed physician;
13. I am aware, acknowledge and agree that if any provision of this Assumption of Risk, Waiver, and Release is found to be unenforceable or invalid in any way, the remaining provisions will remain in full force and effect;
14. Permission is granted for use of my photograph/video for promotional uses including print, and social media
FORM50 COVID-19
1) FORM50, LLC is following all regulations and guidelines as ordered by state & local governments,. FORM50 cannot guarantee full protection from COVID-19 transmission. As a client (“I”), I am voluntarily electing to take FORM50 classes and I acknowledge and consent to some risk for contracting FORM50. I agree to hold harmless FORM50, LLC its subsidiaries, affiliates, employees, instructors, independent instructors, and agents (“FORM50”), and all other third parties, other than myself, for my decision to take a class AT FORM50 facilities.
2) I understand that possible exposure to FORM50 before/during/after my fitness class may result in the following:
1. a positive COVID-19 diagnosis
2. extended quarantine/self-isolation
3. additional tests
4. hospitalization that may require medical therapy, Intensive Care treatment, possible need for intubation/ventilator support, short-term or long-term intubation, other potential complications, and the risk of death.
5. Additionally, I understand that COVID-19 may cause additional risks, which may not currently be known at this time, in addition to the risks described herein.
I understand that FORM50 is extending class credit expiration dates as well as providing the option to freeze or cancel my membership. I understand that FORM50 is not putting any financial obligation or downside to me waiting to enter the facilities and taking classes. Despite that, I acknowledge the risks and would like to proceed with attending classes.
I affirm that myself, nor anyone in my household, has been diagnosed with COVID-19 in the past 30 days; myself, nor anyone in my household, has experienced any COVID-19 symptoms in the past 14 days; I have not been out of the country in the last 30 days or been in direct contact with anyone who has; and I have not been in contact with anyone with confirmed or presumptive positive COVID-19 in the past 30 days. I will affirm the above statements prior to class each and every time I take class.
I acknowledge that I have read this Assumption of Risk, Waiver, and Release, and have received the opportunity to discuss this with my legal counsel, fully understand its terms, and understand that I am giving up substantial rights including my right to sue FORM50 under certain circumstances. Further, I acknowledge that I fully understand that the terms of this Assumption of Risk, Waiver, and Release is indefinite being made and I acknowledge that I have signed it freely and voluntarily without any inducement, assurance, guarantee, or oral representation. This agreement is in full force and effect for all future visit unless specifically revoked in writing.
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.form50fitness.com (“the Site”) operated by Form 50 (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.form50fitness.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Form 50 Services. You are only authorized to use the Form50 Fitness Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Form50 Fitness’s website and discontinue use of Form50 Fitness Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
NEW YORK
YOU MAY CANCEL YOUR PURCHASE OF FORM50 CLASSES WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) BUSINESS DAYS FROM THE DATE OF PURCHASE. Your notice of cancellation must be in writing, signed by you, and mailed by registered or certified United States mail to:FORM50 Fitness,31-57 31st Street Astoria, NY 11106. You will receive a refund within 15 business days of receipt of your notice of cancellation.
You may also cancel your purchase of FORM50 Fitness classes for any of the following reasons: (1) If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six months; (2) If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing; (3) If you move your residence more than 25 miles from any health club operated by seller; or (4) If the services cease to be offered as stated in the contract. All moneys paid pursuant to such contract cancelled for the reasons contained in this subdivision shall be refunded within 15 days of receipt of such notice of cancellation; provided however that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than the full contract price from the buyer. If the buyer has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the buyer shall also be returned within 15 days.
FLORIDA
You have the right to cancel your purchase of FORM50 Fitness classes. To cancel, e-mail, snail mail, or deliver a signed and dated notice which states that you are canceling your purchase, and send it to [email protected] or FORM50 Miami Inc 3130 N Miami Ave Miami, FL 33127
You may cancel your purchase of FORM50 Fitness classes, without penalty, within 3 days, exclusive of holidays and weekends, by mailing or delivering a written notice of cancellation to: FORM50 Miami Inc, 3130 N Miami Ave Miami, FL 33127. You will receive a full refund of your purchase, less the cost of any used classes. A refund shall be issued within 30 days after receipt of the notice of cancellation.
If any studio in Florida goes out of business or moves its facilities more than 5 miles from its original location, and FORM50 Fitness fails to provide, within 30 days, a facility of equal quality located within 5 miles of the original location, you may cancel your purchase of FORM50 Fitness classes without penalty. You will receive a full refund of your purchase, less the cost of any unused classes (charged at the rate of a single class package).
You (or your estate) may cancel your purchase of FORM50 Fitness classes if you die or become physically unable to avail yourself of a substantial portion of those services which you used until the time of disability. You (or your estate) may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract is established by furnishing a certification of such disability by a physician licensed to the extent the diagnosis or treatment of the disability is within the physician’s scope of practice. You will receive a full refund of your purchase, less the cost of any unused classes. A refund shall be issued within 30 days after receipt of the notice of cancellation.
Should the studio go out of business, you should contact the Florida Department of Agriculture and Consumer Services for information within 60 days.
SHOULD YOU CHOOSE TO PAY FOR MORE THAN ONE MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.
ACCOUNTS
In order to access some features of the website, you will have to create a Form50 Fitness’s account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
MEMBER SERVICES AND POLICIES
CANCELLATIONS: As stated in the membership agreement, YOU MUST CANCEL CLASS 12 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT CLASS. This includes switching time slots under the 12-hour notice time period. You may cancel class through our online system or by calling the applicable studio directly.
RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.
PERSONAL BELONGINGS: You agree that Form50 Fitness is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
STUDIO RULES AND REGULATIONS
Reserved classes must be changed or canceled within 12 hours of scheduled time or they will be forfeited.
Membership packages are subject to a penalty fee for a late cancel or absence.
If recovering from injury or illness, notify the instructor prior to class start time.
REFUND POLICY
Classes:
All classes and membership packages are non-refundable. No exceptions.
Memberships:
All classes and membership packages are non-refundable. No exceptions.
Retail items:
Unused merchandise will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued for up to 30 days. No returns without a receipt.
For questions or support with online purchases or returns, please contact [email protected]
LIMITATION OF LIABILITY
By signing your initial “Enlistee” contract and/or attending classes, events, activities, and other programs and using the Form50 Fitness’s studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Form50 Fitness workout program, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that Form50 Fitness strongly recommends that you consult with my physician prior to commencing any classes. By signing this document, you acknowledge that you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. By signing this document, you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages Form50 Fitness LLC, its instructors, members and employees. You hereby acknowledge that you, and any minor* under your care, fully release. * No one under 15 may participate. A minor aged 15-18 may participate with a parent present.
The content on the Form50 Fitness website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Form50 Fitness, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Form50 Fitness reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Form50 Fitness.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
“Form50 Fitness,” “Form50,” and other graphics, logos, wordmarks, and designs are trademarks of Form50 Fitness in the U.S. and/or other countries for which applications are pending. Form50 Fitness trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Form50 Fitness.
MOBILE SERVICES
The Form50 Fitness Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Form50 Fitness via your mobile phone, (ii) the ability to receive and reply to Form50 Fitness messages, (iii) the ability to browse Form50 Fitness from your mobile phone and (iv) the ability to access certain Form50 Fitness features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Form50 Fitness and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
TERMINATION
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
Our Site may contain links to third-party sites that are not owned or controlled by Form50 Fitness.
Form50 Fitness LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
GOVERNING LAW
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, USA, without giving effect to any principles of conflicts of law.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
ELIGIBILITY
Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using Form50 Fitness Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.
TERM
These Terms of Service shall remain in full force and effect while you use the Form50 Fitness Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local studio directly via phone or email. Form50 Fitness may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
FEES
You acknowledge that Form50 Fitness charges fees for its services, and Form50 Fitness reserves the right to change its fees from time to time in its discretion. If Form50 Fitness terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
PASSWORD
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Form50 Fitness immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
ARBITRATION
YOU AND FORM50 FITNESS AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
CONTACTING US
If you have any questions about these Terms of Service, the practices of Form50 Fitness or its services, or your dealings with this site, please contact us at:
Form50 Fitness
347.354.3676
These Terms of Service have been updated and effective as of Jan 26, 2021
