ASSUMPTION OF RISK/PERSONAL INJURY: Member assumes all risks and responsibility for any personal injury sustained by Member as a result of his/her physical exercise, use of Sweat Society’s health club(s) and equipment, class participation and/or instruction by a personal trainer, use of masseuse services, babysitting services and all other activity at Sweat Society’s health club(s). Member hereby releases and discharges Sweat Society, its officers, employees, independent contractors and agents from any and all liability, loss or expense (including legal costs) incurred by Member as a result of such personal injury and use of Sweat Society’s health club(s), equipment and services, except to the extent that such injury results from the gross negligence or willful misconduct of Sweat Society, its officers, employees, independent contractors or agents.
HEALTH WARRANTY: Member represents that Member is in good health and has no disability, impairment medical condition or illness preventing Member from engaging in exercise, use of Sweat Society’s health club(s) or that poses a health risk to other users of the health club. Member assumes full responsibility for Member’s medical condition as it relates to his/her ability to engage in exercise. Member agrees that Member will not use any of Sweat Society’s health club(s) with open cuts, abrasions, sores, infections, contagious conditions or maladies that may impose a health risk to others in accord with state and local health requirements. Sweat Society’s management reserves the right to prohibit or limit the use of its health club(s) to Members with such conditions in accord with state and local health requirements.
You may cancel class within 8 hours of the scheduled class time or you will be deducted that class.You may cancel through our online system or by calling the gym. Please arrive on time to class or your spot may be given to a waitlisted client. CONSUMER’S RIGHT TO CANCELLATION: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE CONTRACT DATE. Notice of cancellation shall be in writing subscribed by the Member and mailed by registered or certified United States mail to Sweat Society at the address specified in such form. Such notice shall be accompanied by the Contract forms, membership cards and any other documents or evidence of membership previously delivered to the Member. All moneys paid pursuant to this Contract shall be refunded within 15 business days of receipt of such notice of cancellation. If the Member has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the Member shall also be returned within 15 days.
ADDITIONAL RIGHTS TO CANCELLATION: You may also cancel this Contract for any of the following reasons:
If upon a doctor’s order, you cannot physically receive the services due to significant physical disability for a period in excess of six months;
If you die, your estate will be relieved of any further obligation for payment under the Contract not then due and owing;
If you move your residence more than 25 miles from any health club operated by Sweat Society;
If the services of Sweat Society cease to be offered as stated in the Contract.
If a Member exercises the additional right to cancel above, all monies paid pursuant to such Contract canceled for the reasons set forth above, shall be refunded within 15 days of Sweat Society’s receipt of such written notice of cancellation; provided, however, that Sweat Society may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that Sweat Society may demand the reasonable cost of goods and services which the Member has consumed or wishes to retain after cancellation of the Contract. In no instance shall Sweat Society demand more than the full Contract price from the Member. If the Member has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the Member shall also be returned within 15 days.
CANCELLATION FOLLOWING INITIAL TERM: Following the expiration of the initial term of this Contract, this Contract shall continue on a month-to-month basis, until canceled as provide in this Contract. Following the initial term of this Contract, Member may cancel this Contract on 30 days written notice to Sweat Society
IMPORTANT NOTICE FOR HEALTH CLUB MEMBERS: 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. This club has posted the financial security required by law. YOU MAY ASK A REPRESENTATIVE OF THE CLUB FOR PROOF OF THE CLUB’S COMPLIANCE WITH THIS LAW.
PERSONAL PROPERTY WAIVER: Sweat Society urges Members not to bring valuable personal property into Sweat Society’s health club(s). Sweat Society, its officers, employees, independent contractors and agents shall not be liable for the loss, theft of or damage to a Member’s personal property located anywhere in Sweat Society’s health club(s), including all lockers, coat check and locker rooms. Member hereby waives all claims against Sweat Society, its officers, employees, independent contractors and agents for any such damages except to the extent such damages result from the gross negligence or willful misconduct of Sweat Society, its officers, employees, independent contractors or agents.
LOCKERS: Sweat Society reserves the right to remove, dispose of and/or sell all articles left overnight in the non-rented lockers without prior notice.
RENEWALS: All requests for membership renewals must be approved by and are at the sole discretion of Sweat Society. Renewal fees, terms and conditions, as may be posted in the health club(s), are at the sole discretion of Sweat Society and may be changed or modified by Sweat Society, without notice, at any time. Request for membership renewal must be received by Sweat Society no later than the expiration date of the existing membership. Renewals after the expiration date will be at the full membership price including any initiation fees.
OBLIGATION TO PAY: Member will not be relieved of his/her obligations to make payments agreed to for Member’s failure to use Sweat Society’s health club(s). Member dues are for the time period designated and do not relate to actual usage of Sweat Society’s health club(s).
CHANGE OF NAME/ADDRESS: Member shall notify Sweat Society, in writing, of any name or address change.
DISHONORED CHECK, DRAFT, CREDIT CARD CHARGE OR EFT TRANSFER: If any check, draft, credit card or EFT transfer payable by or on behalf of Member to Sweat Society is not honored, Sweat Society will assess a $35 collection fee for each such item. Members who dispute credit card charges through their credit card providers will be charged an additional $35 service fee per charge back if charges are legitimate and in accordance with this Contract.
UNPAID BALANCES: All balances in arrears over 30 days are subject to a monthly service charge. Any unpaid balance for membership fees, goods or services past 30 days may result in automatic suspension of health club privileges and may be reported to third persons. Member is obligated to pay any collection and/or legal costs incurred by Sweat Society for collection. Sweat Society reserves the right to charge debit/credit cards or bank accounts for all overdue balances and late fees. Sweat Society reserves the right to accelerate the total payments due for the duration of the Initial Term plus an additional $100 service charge if the Member defaults or becomes overdue for a period of more than 90 days.
RULES, REGULATIONS AND SCHEDULES: Proper athletic attire must be worn at all times in all areas of Sweat Society’s health club(s), except the locker rooms, as applicable. Member agrees to abide by all Sweat Society rules, regulations, schedules and fees as may be posted in Sweat Society’s health club(s) or issued orally. Health club rules, regulations, schedules and fees are subject to change at Sweat Society’s sole discretion.
