This Membership Agreement (“Agreement”) is between FORM50 Fitness LLC and its affiliates (collectively, “[FORM50 Fitness]”) and the undersigned applicant (“You”). By signing this Agreement, you represent and warrant that you are eighteen (18) years of age or older, and in the event you are less than eighteen (18) years of age, you must have a parent or guardian co-sign this Agreement.
THIS AGREEMENT CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION. IF YOU ACCEPT THIS AGREEMENT, YOU AND [FORM50 FITNESS] AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION. THIS MEANS YOU AND WE ARE GIVING UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, AND TO HAVE DISPUTES BETWEEN US RESOLVED BY A JUDGE OR JURY.
If you have any physical injuries and/or medical conditions that may affect your ability to safely and properly participate in [FORM50 Fitness] classes, please consult your doctor prior to working out.
In exchange for permission to participate in [FORM50 Fitness] classes and/or private sessions, you hereby enter into the following release and waiver of liability, assumption of risk and indemnity agreement. You, your heirs, spouse, executors, administrators, personal representatives and assignees, waive, release, discharge, defend, indemnify, hold harmless and agree not to sue [FORM50 Fitness], its officers, directors, shareholders, employees, contractors, agents, landlords, lessees, sponsors, representatives, volunteers, and affiliates (“Released Parties”) from, any and all liability, responsibility, damages, losses, claims, demands, actions, suits, judgments, costs and expenses (including attorneys’ fees) resulting from personal injury, accidents, illnesses, death and/or property loss caused in any manner, including theft, fire and the simple, active or passive negligence of the Released Parties, by your participation in [FORM50 Fitness] classes. You hereby understand that you are advised to move comfortably through the exercises and to work at your individual level of difficulty.
You acknowledge that you have been advised to consult with your physician with respect to any past, present or future injury, illness, cardiovascular problem, knee problem, back problem, neck problem, osteoporosis, or any other condition that may affect your participation and ability to participate in and to endure the exercise programs, and knowingly assume all risks relating to your participation at [FORM50 Fitness].
You acknowledge that you have discussed with your physician the appropriateness of the classes offered by [FORM50 Fitness] in connection with any illness or condition that you now have or have previously had and that you knowingly execute this Agreement freely and voluntarily, and intend by your signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
You may only hold one active Membership at a time. If you wish to upgrade, downgrade, or otherwise modify your Membership, please contact [FORM50 Fitness] directly by emailing hello@form50fitness.com.
This Agreement applies to the following memberships (each a “Membership” and collectively, the “Memberships”). Depending on your Membership, you may have different rights governing your term and termination.
Monthly Signature and Monthly Core Memberships (4, 8, or unlimited) are billed monthly, and have a minimum of six- or twelve- months commitment, depending on the Membership you select. Following the commitment term, the membership will automatically renew on a month-to-month basis at the then current monthly rate. Monthly Signature and Monthly Core Memberships are ineligible for cancelation prior to the term expiration without penalty, subject to any applicable Consumer Right to Cancelation, which is applicable to the initial date of purchase. Any requested cancelation prior to the term expiration will require a notice of at least 30 days in advance of the monthly billing date, and must be accompanied by an early termination fee. If you are on a six-month commitment, your early termination fee is equivalent to one month of your membership rate. If you are on a twelve-month commitment, your early termination fee is equivalent to two months of your membership rate if you are requesting a termination in the first six months of your term, or the equivalent of one month of your membership rate if you are requesting a termination in the last six months of your term. You must be on an active, unfrozen membership to request a termination. Terminations can be requested by emailing hello@form50fitness.com . If you are currently on Membership and wish to upgrade or downgrade your membership, your commitment term will restart effective as of the transfer date. Transfers can be requested by contacting your local studio or [FORM50 Fitness]’s client experience team at hello@form50fitness.com.
Class Packages refers to any purchase of a pre-determined allotment of classes to be redeemed at [FORM50 Fitness] in a given time frame. Unless otherwise specified, Class Packages are not subject to auto renewal. Classes purchased as part of a Class Package must be redeemed prior to the expiration date which accompanies the Class Package. No refunds will be given for expired and unredeemed classes.
Outside of a Monthly Signature or Monthly Core Membership term, all memberships are subject to pricing changes, which will be reasonably communicated to you in advance of any pricing change.
[FORM50 Fitness] members may freeze their Membership for a minimum of one (1) month and a maximum of three (3) months, once per calendar year. Freeze requests must be submitted by emailing hello@form50fitness.com at least 7 days in advance of the requested pause, and Memberships may only be frozen for the specified period requested.
Any unused classes from 4-, 8-, or unlimited memberships within the respective 30-day period will expire, and will not roll over to the next month. Classes from Class Packages will expire on a specified date after purchase and will not be redeemable after that date.
Unlimited memberships will be permitted to pre-book up to one class per day.
All Memberships include one (1) class per day. If you wish to take an additional class on the same day, you will receive a 50% discount on Stretch & Flow classes when booked alongside another regular class.
In order to participate in [FORM50 Fitness] classes, you must reserve your spot in advance by creating an account online and registering for class.
If a class is full, we recommend putting yourself on the waitlist. If a spot opens up prior to 1 hour before class starts, you will automatically be added to the class. By putting yourself on the waitlist, you acknowledge that you will be able to take the class if you get in. If you do not want a spot in the class, you need to remove yourself from the class/waitlist 1 hour in advance of the class start time. If you are added to the class from the waitlist, fail to remove yourself, and do not attend, it will be a late cancellation, and you are subject to losing the class or the late cancellation fee (late cancellation fee only applies to members). If you do not get off the waitlist, the class will be credited to your account for future use.
Due to a limited number of spaces available, you can change or cancel your class up to 12 hours before the class starts. Please note we do not give refunds; your class will go back in your account for you to use another time. If you cancel within 12 hours before class starts, you will lose the class. We cannot give refunds for any classes that you miss. If you have an unlimited package and you late cancel or no-show for class, you will be charged a late cancellation fee. Late Cancellation fees, which vary by studio, can be found on our website..
You may only join one waitlist per day. If you are moved off the waitlist and can no longer attend, you must remove yourself at least 1 hour before the class start time; late cancellations or no-shows after being moved off a waitlist are subject to the late cancellation and no-show policies described above.
Cancellations made due to a medical condition, supported by a doctor’s note, may be excused from the cancellation and no-show policies described above at [FORM50 Fitness]’s discretion.
If a class you wish to attend is full, you may request standby status by emailing or calling your studio prior to the scheduled class start time. If space becomes available in the class at the start time, you will be added. If you reschedule a standby reservation on your own, the applicable late cancellation fee will apply. Failure to show up for a class after being added from standby will result in the applicable no-show fee.
Members are given a 5-minute grace period past the scheduled class start time. After this period, your reserved spot will be considered a no-show and the applicable no-show policy will apply.
Grippy socks can be purchased in studio or you may bring your own. [FORM50 Fitness] reserves the right to turn down grippy socks that do not meet [FORM50 Fitness]’s standard of grip. If you refuse to wear grippy socks, you will not be permitted to take class.
If you are recovering from an injury or illness, please notify your instructor prior to the start of class.
We allow up to 5 guest bookings per class. Groups larger than 5 will need to book a private class.
Members are responsible for their guests’ reservations. A late cancellation for a guest reservation will result in loss of the guest pass. A no-show for a guest reservation will result in loss of credit and the applicable no-show fee.
For 4x, 8x, and Unlimited Memberships, unused classes within the applicable monthly period expire and do not roll over to the next month or billing cycle. Classes purchased as part of a Class Package expire on the date specified at the time of purchase and are not redeemable after that date. No refunds will be issued for expired or unused classes or credits.
Except as otherwise required by applicable law or as expressly set forth elsewhere in this Agreement (including the Florida and New York provisions below), all purchases of classes and Memberships are non-refundable. Store credit or account credit may be issued at [FORM50 Fitness]’s discretion in lieu of a cash refund.
Retail Items: Unused, unopened merchandise may be returned for a full refund within 7 days of purchase with a valid receipt. After 7 days and within 30 days of purchase, a store credit will be issued in lieu of a refund. No returns will be accepted without a receipt.
For questions regarding online purchases or returns, please contact hello@form50fitness.com.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.
All notices that this agreement requires to be provided to [FORM50 Fitness] should be sent to: accounting@form50fitness.com
This agreement to arbitrate applies to any Dispute between you and [FORM50 Fitness]. “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between you and [FORM50 Fitness], whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either of us seeks legal recourse for and that arises out of or in any way relates to your use or attempted use of the Activities, or the [FORM50 Fitness] website or application (whether arising out of or relating to past, present, or future acts or omissions). Disputes that must be resolved by an arbitrator also include disputes over the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.
The exceptions to this arbitration requirement are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or our right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (vi) certain roles expressly specified for courts in the terms below.
If you have a Dispute against us or if we have a Dispute against you, we will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and we will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day you or we receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms. You must send any Notice of Dispute to the address for [FORM50 Fitness] specified above, ATTN: NOTICE OF DISPUTE. We will send any Notice of Dispute to your registered email address and any address you have provided us. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought. The Notice requirement is designed to allow us (or you, in the case of a dispute we assert against you) to make a fair, fact-based offer of settlement if we or you choose to do so. You and we cannot proceed to arbitration unless this information has been provided. If you or we proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice to reimburse the other party for any arbitration fees and costs already incurred. We hope you will try Informal Resolution first, and you must do so before commencing an arbitration, but you don’t have to before going to small-claims court.
You and we agree that disputes that qualify for small-claims court in either the county where you live or the United States may be brought as individual actions only in such small-claims courts. To the fullest extent allowed by applicable law, you and we agree to waive the right to trial by jury in a small claims court.
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.
Under no circumstances do we consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations. You and we agree that Disputes will be resolved by binding individual arbitration conducted by JAMS, Inc. (“JAMS”), www.jamsadr.com, according to the United States Federal Arbitration Act (“FAA”) and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the Dispute arises (the “JAMS Rules”), as modified by this Agreement. “Arbitration” means that Disputes between us will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
“Individual” means that the arbitrator may award the same remedies to you or to us as a court could, but only to satisfy your or our individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute. “Binding” means that both you and we will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, this Agreement, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.
You or we may initiate arbitration of Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with JAMS in accordance with the JAMS Rules. Instructions for filing a Demand with JAMS are available on the JAMS website or by calling JAMS at 1-800-352-5267. You must send any Demand for Arbitration to [FORM50 Fitness] at the address specified above. We will send any Demand for Arbitration to the email address and to any physical address you have provided us. The arbitration will be conducted by a single arbitrator. You and we both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by this Agreement. For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in the District of Columbia, unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the JAMS Rules. The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and we agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or us to satisfy one of our Individual claims (that the arbitrator determines are supported by credible relevant evidence). An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself. All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
If you start an arbitration against us, you will pay the filing fee required for consumer arbitrations. If we start an arbitration against you, we will pay all filing fees, including the share that ordinarily would have been borne by you. Arbitration costs do not include your attorneys’ fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise. Nothing in this provision should be construed as preventing the arbitrator from awarding attorneys’ fees to the prevailing party if applicable law and the JAMS Rules permit such awards.
To the fullest extent permitted by applicable law, you or we must start arbitration of a Dispute within two (2) years from when the Dispute first arose. If applicable law requires you or us to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, you and we will not have the right to assert the Dispute.
If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases” and the arbitration provider will treat them as such, including with respect to its fee schedule for mass arbitration filings. Applicable statutes of limitations will be tolled for all claimants once they have provided compliant Notices of Dispute to us, but demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below. Once Notices of Dispute have been provided to us for Coordinated Cases, counsel for claimants and counsel for us shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate half of the cases selected for bellwether trials. If counsel for claimants and for us do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall each select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases filed against us, resolution of your personal claim might be delayed by this bellwether process. A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. Once all bellwether trials have concluded (or sooner if the counsel for the claimants and us agree), the parties must engage in a single mediation of all remaining cases, with each side paying half the applicable mediation fee. Counsel for claimants and for us must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants and for us cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants and for us will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. If the mediation does not yield a global resolution, this arbitration requirement shall no longer apply to claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings. Their cases may be filed only in the courts in the District of Columbia, or if federal jurisdiction exists, in the United States District Court for the District of Columbia, and you consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or us from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and we reserve the right to contest class certification at any stage of the litigation and on any available basis.
A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed above for Coordinated Cases), you and we will only bring disputes, claims, or controversies between us in an individual capacity and shall not seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to this Agreement. For avoidance of doubt, to the fullest extent allowed by applicable law, this class action waiver applies even if a court finds that a Dispute is not subject to mandatory arbitration.
FORM50 Fitness Miami LLC, 57 NW 26th Street Miami, FL 33137, is registered with the State of Florida as a Health Studio, Registration No. is HS14217.
FORM50 Fitness Boca LLC, 520 Forsyth Street, is registered with the State of Florida as a Health Studio, Registration No. is HS16568
You may cancel your purchase of [FORM50 Fitness] classes, without penalty, within 3 days of first purchase (auto-renewals are subject to the 30-day notice policy), exclusive of holidays and weekends by emailing hello@form50fitness.com 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 driving miles from its original location, and [FORM50 Fitness] fails to provide, within 30 days, a facility of equal quality located within 5 driving 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).
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.
If the department determines that a refund is due to 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: upon sale, for not more than 14 consecutive days; or during ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in a calendar year.
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 under Chapter 458, 459, 460 or Chapter 461 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.
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.
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.
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.
YOU MAY CANCEL YOUR PURCHASE OF [FORM50 FITNESS] CLASSES WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) BUSINESS DAYS FROM THE DATE OF FIRST PURCHASE (auto-renewals are subject to the 30-day notice policy).
Your notice of cancellation must be in writing, signed by you, and emailed to hello@form50fitness.com. 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.
New York State law requires certain health clubs to have a bond or other form of financial security to protect members in the event the club closes. All New York [FORM50 Fitness] studios have posted the financial security required by law.
By signing below, you are giving [FORM50 Fitness] your consent to contact you by email to the email address as set forth on the face of this Agreement, or by text message or telephone at the number provided herein for any matter related to your account, including collection of monies owed, alerts or notices regarding your purchased services, and promotions that may be of interest to you. You may update your communication preferences or revoke your consent to receiving promotional messages at any time. Your consent is not a condition of purchase.
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, successors and assigns.
You acknowledge and agree that the minimum age to participate in any [FORM50 Fitness] class at this facility is 16 years old. If you are under the age of 18, a parent or legal guardian must sign this waiver on your behalf before you may participate in any fitness class.
You consent and agree that by marking your signature on an electronic screen to indicate that you agree with the terms of this Agreement constitutes your signature, acceptance and agreement with these terms as if actually signed by you in writing. You understand and agree that your electronic signature executed in conjunction with this Agreement will be legally binding and such transaction will be considered authorized by you.
In order to access certain features of the [FORM50 Fitness] website or app, you may be required to create an account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information, and you are solely responsible for all activity that occurs on your account. You must keep your account password secure and notify [FORM50 Fitness] immediately of any breach of security or unauthorized use of your account.
You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member, 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.
[FORM50 Fitness] services may include features accessible via your mobile phone, including the ability to book or purchase classes, receive and reply to messages, browse the [FORM50 Fitness] website, and access features through a mobile application (collectively, “Mobile Services”). [FORM50 Fitness] does not charge for Mobile Services; however, your carrier’s standard messaging, data, and other rates and fees will still apply. Mobile Services may not be available for all mobile devices or carriers. By using the Mobile Services, you agree that [FORM50 Fitness] may communicate with you by SMS, MMS, text message, or other electronic means to your mobile device regarding your account and services.
The [FORM50 Fitness] website may contain links to third-party sites that are not owned or controlled by [FORM50 Fitness]. [FORM50 Fitness] has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You are encouraged to review the terms and privacy policy of any third-party site you visit.
[FORM50 Fitness] may terminate your access to the website, without cause or notice, which may result in the forfeiture and destruction of information associated with your account. All provisions of this Agreement that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability. This section does not affect the Membership cancellation and termination terms described elsewhere in this Agreement.
You acknowledge that [FORM50 Fitness] charges fees for its services and reserves the right to change its fees from time to time at its discretion. If [FORM50 Fitness] terminates your Membership because you have breached this Agreement, you may not be entitled to a refund of any unused portion of your Membership or other fees.
[FORM50 Fitness] reserves the right, at its sole discretion, to modify or replace this Agreement by posting updated terms on the [FORM50 Fitness] website. Your continued use of the website or services after any such changes constitutes your acceptance of the updated Agreement. You are encouraged to review this Agreement periodically for changes. If you do not agree to this Agreement or any changes to it, you should discontinue use of the website and services immediately.
