The following Terms and Conditions apply when you view or use Fitness Lounge, LLC’s (“Company”) website located at http://www.fitnessloungenyc.com (the “Site”). The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service. Please review the following terms carefully. By accessing or using the Site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the Site. This Terms and Conditions constitutes an agreement between the Company and the user (“Agreement”).
WAIVER AND RELEASE
By signing up for a session, free consultation, group class, and/or 21-day shred on the Site you acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise.
You further acknowledge that the Company strongly recommends that you consult with your physician prior to commencing any classes or personal training sessions. You acknowledge that you are 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. You assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages, the Company and all its owners, instructors, members, agents, and employees.
You acknowledge that your agreement to this release applies to each time you visit the Facility. You hereby acknowledge that you, and any minor under your care, have voluntarily chosen to participate. You assume all risk for your health and well- being, and that of any minor under your care, and fully release the Company, its owners, instructors, partners, agents and employees from all liability.
You further acknowledge that you have disclosed any and all medical conditions to the Company before signing up on the Site.
You acknowledge and agree to cooperate fully with the Company, trainers, instructors, owners, managers, agents and employees to follow the current and any future Covid-19 and/or other guidelines put in place by the Company in order to use the Facility. You hereby waive and release the Company, owners, employees, managers, trainers, instructors, agents and visitors from any and all claims arising out of or in connection with the use of the Facility, including but not limited to, contraction of the Covid-19 virus and/or any other sickness, disease and condition from any owners, managers, employees, trainers, instructors, agents or visitors at the Facility.
You and/or the person on whose behalf you are signing, are waiving the right to bring any type of action, whether in court or otherwise, to recover compensation or obtain any other remedy for any personal injuries, damages to property, any accident or incident of any type, or death, arising out of or related to your use of our Services, including but not limited to, the Company, the Facility, grounds, exercise areas, classes, equipment, whether the use is supervised or unsupervised. While the Company offers classes in a controlled environment, there is still an assumed risk of injury to persons using our Services and Facility. In agreeing to this Agreement, you hereby acknowledge, understand, and agree on your own behalf, and upon behalf of the person for whom you are signing, that the use of the Services and the Facility and/or participating in activities sponsored by the Company have inherent risks. These risks include but are not limited to, any injury or damage resulting from: negligence of employees, volunteer assistants, and independent contractors of the Company; negligent misuse of the Facility or the Services of the Company; falling off or impacting against impact surface, floors, or anything else; rope abrasion, entanglement or other activities occurring on the premises; cuts or abrasions resulting from any cause whatsoever; failure of the equipment, whether inside or outside; being infected after coming into contact with another user, visitor, trainer, instructor or any other person with a contagious illness or disease; personal health problems, whether mental or physical; negligence of other visitors, observers or persons who may be present in or around the facility; and/or negligence or lack of adequate training of any person(s) who seek to assist with medical or other help either before or after any injury or damage may occur.
You understand and are aware that, fitness, including the use of the facilities equipment, is a potentially hazardous activity. You also understand that fitness activities involve a risk of injury or even death, and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. You hereby expressly assume and accept any and all risks of injury or death.
You do hereby declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation or use of equipment or machinery except as herein stated. You acknowledge that you have either had a physical examination and been given a physician’s permission to participate, or that you have decided to participate, in the activity of fitness and the use of the equipment and machinery without the approval of a physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities.
INFORMED CONSENT TO PHYSICAL THERAPY EVALUATION AND TREATMENT
I hereby consent to evaluation and/or treatment of my condition by a licensed physical therapist employed by Recovery Mode LLC practicing out of the facility at Fitness Lounge, 30-77 Steinway Street Astoria NY 11103.
The physical therapist has fully explained to me the nature and purposes of the procedures, evaluation and course of treatment.
The physical therapist has informed me of expected benefits and possible complications or discomfort, which may result from skilled physical therapy care. In addition, the physical therapist has explained to me the risks of receiving no treatment.
I may experience an increase in my current level of pain or discomfort, or an aggravation of my existing injury or condition. This discomfort is usually temporary; if it does not subside in a reasonable time period, I agree to contact my physical therapist.
I may experience an improvement in my symptoms and an increase in my ability to perform daily activities. I may experience increased strength, awareness, flexibility and endurance in my movements. I may experience decreased pain and discomfort. I should gain a greater knowledge about managing my condition and the resources available to me.
The physical therapist has explained that there is no guarantee that the proposed course of treatment will improve my condition and that is possible, although unlikely, that the course of treatment may cause additional pain or discomfort or aggravate my condition.
In order for physical therapy treatment to be effective, I must come to scheduled appointments unless there are unusual circumstances. I understand and agree to cooperate with and perform the physical therapy program intended for me. If I have trouble with any part of my treatment program, I will discuss it with my therapist.
I confirm that I have no pre-existing conditions that would contraindicate my treatment and have fully disclosed all precautions, health conditions, medications and concurrent treatment with my therapist.
The term “informed consent” means that the potential risks, benefits, and alternatives of physical therapy treatment have been explained to me. The therapist provides a wide range of services and I understand that I will receive information at the initial visit concerning the treatment and options available for my condition.
I have been given on opportunity to ask questions, and all my questions have been answered to my satisfaction. I confirm that I have read and fully understand this consent form. In the event of a change in medical status, I understand that my treatment may be modified, stopped, or referred out to the proper practitioner. I reserve the right to withdraw at any time.
ROLE OF COMPANY
Company is a health and fitness facility located at 30-77 Steinway Street, Astoria NY 11103 (the “Facility”) that provides you a space, fitness equipment, machinery, fitness classes (real time and virtual), programs, and other facilities to work out with a trainer of your choice (the “Service”). Company has undertaken strict measures to follow local and/or state mandated social distancing guidelines, testing the temperature of each person entering the Facility, and providing face masks as mandated. Even though the Company has put in place appropriate procedures, you acknowledge that you are using the Facility at your own risk.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF SITE
If you are a user who signs up on the Site, you will be required to create a personalized account which includes a unique username and a password to access the Site and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account. You may, but are not required to, create a personalized account to access the Site.
CONTENT ON OUR SITE
Our Site includes a combination of content that we create, that is collected from a variety of sources, that our partners create. All content published on our Site, including, but not limited to, images, photographs, marks, logos, sound or video clips, are protected by our copyrights or trademarks or those of our trainers and partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the content on our Site in whole or in part.
We do not guarantee the accuracy, integrity, or quality of the content on our Site, and you may not rely on any of this content.
You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms and Conditions or that is otherwise objectionable.
POSTING AND CONDUCT RESTRICTIONS
You may be able to provide and post comments, suggestions, ideas, material and content (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Site. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Site at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not post information that is malicious, false or inaccurate;
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms and Conditions, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Site.
USE OF SITE OUTSIDE USA
The Company controls the Site from within the State of New York, USA. Although accessible by others, this Site and its content are intended for access and use by U.S. residents. The Company makes no representation that the content of the Site is appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of the Site including any purchases made through the Site.
Statements, offers, or other information or content made available through the Site, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any content that you or any other user or third party posts or sends over the Site. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.
Though the Company strives to enforce these Terms and Conditions, you may be exposed to user content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Site or to limit or deny a user’s access to the Site or take other appropriate action if a user violates these Terms and Conditions or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this Agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of the Site, please contact us at FitnessLoungeNYC@gmail.com.
LINKS TO OTHER SITES AND/OR MATERIALS
The Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of its users who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Customer Support at FitnessLoungeNYC@gmail.com:
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Texas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Site, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Site’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to FitnessLoungeNYC@gmail.com or mail to the following postal address:
30-77 Steinway Street
Astoria NY 11103
Opting out may prevent you from receiving messages regarding the Company or special offers.
By using this Site and any affiliate internet sites, you agree to hold the Company, its agents, assigns, subsidiaries, employees, licensees, and officers (“Related Entities”) harmless for any action, suit, claim, loss, injury, or damage, arising from your recklessness, negligence, or for any damage or injury that occurs pursuant to any information received on the internet, or by any other means now known or later developed.
You further agree to indemnify, defend and hold the Company and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the “FL Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any FL Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
Your use of the Site;
Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
The content, the quality, or the performance of User Content;
Your connection to the Site;
Your violation of these Terms and Conditions; or
Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
All Trainers :
To cancel or reschedule your session, you must do so online 12 hours before the start of your session.
Any cancellations done within the cancellation window will be added into your account for future use.
If you must make a late cancellation or reschedule, please email us at FitnessLoungeNYC@gmail.com. Late cancellations and rescheduling will be evaluated case by case due to our limited capacity inside the gym.
All sessions are non-refundable and non-transferrable.
Single session purchases must be used within 3 months of purchase.
Packages must be used within 6 months of purchase.
In the event of a future pandemic related shut down, packages will be paused and available for use upon re-opening.
All trainers and class instructors are independent trainers at the Company. Trainers at the Company are not employees. You acknowledge that any session with a trainer at the Facility is under the sole care and supervision of the trainer you are scheduled with.
You agree that your photo and/or likeness may be used for social media marketing by the Company, trainers, and class instructors. You acknowledge that you must make it clear in writing at each session and each class if you so choose to not allow your likeness and photo to be used for social media posts.
MODIFICATION OF TERMS AND CONDITIONS
We can amend these Terms and Conditions at any time and will update these Terms and Conditions in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms and Conditions. However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms and Conditions (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and Conditions and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions.
By agreeing to our terms and conditions, you are acknowledging that there is an inherent risk of contracting Covid-19 in any public place where people are gathered. By attending Fitness Lounge, you and any guests voluntarily assume all risks related to exposure to COVID-19 and agree not to hold Fitness Lounge LLC or any of their staff or volunteers liable for any illness or injury.
Updated Date: August 29th, 2020