Electronic delivery of these terms and conditions to you constitutes your tacit acceptance of all terms and conditions outlined herein.
Unless these terms and conditions change, the terms and conditions contained herein apply to your current and future purchases from New York Personal Training (NYPT).
To keep our provision of services fair to all members and clients, there will be no changes to our terms and conditions on a case-by-case basis, regardless of circumstance.
There are no refunds, entire or prorated.
For our members’ and clients’ security, NYPT’s premises at 12 West 21st Street (“Club”), is under audio-visual security surveillance. You hereby consent to security surveillance while at Club.
All Memberships, Contracts, and Packages automatically renew/replenish for our customers’ convenience.
Clients must reserve their session(s) at least twenty-four (24) hours, or one full business day (weekday), in advance. Reschedules or session cancellation notices must be received by NYPT at least twelve (12) hours prior to your reserved session.
Memberships, Packages, Sessions and Service Agreements (e.g. ALL “AGREEMENTS FOR SERVICES”) are billed as automatically recurring payments, billed subsequently approximately every thirty (30) days from initial purchase date for three (3) months, six (6) months, twelve (12) months and so forth. Agreements for Services will automatically renew after their term and/or session count, for one (1) month, three (3) months, six (6) months, twelve (12) months, or any other agreed upon term, indefinitely and for the same term and/or session count for perpetuity.
Agreements for Services may not be cancelled mid-term.
To cancel your Agreement for Service’s auto-renewal, you must notify NYPT in writing thirty (30) days prior to your renewal date (not billing date, i.e. the Agreement term may not be shortened), of your desire to cancel at:
12 West 21st street
New York, NY 10010
CANCELLATION, RESCHEDULING, AND NO-SHOW POLICY.
A minimum of twelve (12) hours notice is required to reschedule or cancel any NYPT appointment, session, class, or any other service offering. It is our desire to provide excellent service to all of our clients, thusly, if a client is more than ten minutes late to a scheduled NYPT appointment, session, class, or any other service offering; or is not present at all for the scheduled session, class, or any other service offering (the two scenarios collectively referred to here as a “no-show”); the client acknowledges forfeiture of said appointment, session, class, or any other service, and no credit or refund shall be issued.
Clients may not wait-list for sessions on days on which they already have a confirmed scheduled session (“Double-book/ing”). Clients who Double-book will be charged for the wait-listed session in the same manor as a regularly scheduled session.
NYPT reserves the right, in its sole discretion, to alter or remove altogether the scheduled sessions or appointments of a client with more than two (2) consecutive “no-shows.”
SCHEDULE OF FEES FOR groupFIT:
Paid In Full Payment Options:
Paid In Full
MEDICAL, VACATION, OR WORK LEAVE
During any given Term for AGREEMENTS FOR SERVICES, a client may “suspend” his/her account according to the following schedule:
1) MEDICAL SUSPENSION: A medical leave, honored only if accompanied by a doctor’s note, can be taken only once per contract term and for a maximum of thirty (30) consecutive calendar days; even the shortest duration, less than thirty days, still qualifies as the single suspension usage permitted per term. Billing, sessions, and contract dates, including renewal dates, will otherwise remain completely unaffected by any medical leave.
2) VACATION SUSPENSION: A vacation leave, honored only if accompanied by supporting documentation (e.g. plane tickets, hotel reservations, etc), can be taken only once per contract term and for a maximum of fifteen (15) consecutive calendar days; even the shortest duration, less than fifteen days, still qualifies as the single suspension usage permitted per term. Billing, sessions, and contract dates, including renewal dates, will otherwise remain completely unaffected by any vacation leave.
3) WORK SUSPENSION: A work leave, honored only if accompanied by supporting documentation (e.g. letter from supervisor/manager, plane tickets, hotel reservations, etc), can be taken only once per contract term and for a maximum of fifteen (15) consecutive calendar days; even the shortest duration, less than fifteen days, still qualifies as the single suspension usage permitted per term. Billing, sessions, and contract dates, including renewal dates, will otherwise remain completely unaffected by any vacation leave.
These Terms & Conditions, and Rider A (“Confidentiality Agreement”) below, apply to all purchasers (“Member”) of any type of NYPT (“Club”) individual class, session(s), monthly membership, or package (“AGREEMENTS FOR SERVICES”).
- Member’s Obligation. Member shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of Member’s failure to use the membership, individual class, session, package or AGREEMENTS FOR SERVICES of the Club. Payments are for the services and/or period, and at the rate as agreed to and set forth above and/or on www.nypersonaltraining.com and/or any other Member agreement.
- Form of Payment. All payments are payable by electronic funds transfer from the Member’s credit card account or debit card account.
Member must authorize payments to be made through a third party administered electronic funds transfer system. Transfer of fees will take place automatically as dictated by the schedule of Member’s agreement.
Member willingly agrees to not dispute or charge-back any amounts through member’s card issuer or bank, regardless of member’s rights and privileges with member’s card issuer or bank. Any claim of disputed charges by member against Club must be resolved through binding arbitration, at expense of Member.
- Returned Payment Penalty. Member will automatically be charged any bank fee imposed on the Club, plus a processing fee of $75 per card decline or transaction failure, for any returned payment item due to closed accounts, insufficient funds or similar issue. On such occasion, the Club retains the right to collect the current and past due balances in any subsequent month.
- Revocation of Membership. The Club (in its sole discretion) may revoke Member’s membership and/or session/class credits, at any time and without refund, in the event that Member engages in behavior that is unsafe or objectionable to other members or staff, or for reasons of nuisance, disturbance to other members or staff, moral turpitude or fraud, or personal hygiene and attire. The Club also reserves the right to require Member to leave for the day if, in the Club’s reasonable judgment, Member poses a health or safety risk to Member or others, or is disturbing or likely to disturb other members or staff.
- Medical Recommendations. Member should consult with his or her physician or have a physical examination before using any of the Club’s facilities or enrolling in any of the Club’s classes or sessions especially if Member is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to physical exertion or has other physical limitations.
- Member Conduct. Member shall not use any Club facility, service or equipment in such a way as to endanger the health or safety of Member or others. Member shall be responsible for any property damage or personal injury caused by Member or his or her guests. Member agrees not to violate any laws while in a Club.
- Activity Risk. Any strenuous athletic or physical activity involves certain risks including sever injury and death. Member and his or her guests assume the risk of any and all accidents, injuries or death that may be sustained by, or in connection with, use of Club facilities. The Club cannot guarantee that any facility or equipment is free of risk. Member agrees to use care in the use of Club facilities, equipment and services and to protect against accidents by other members.
- Medical Disclaimer. Member has been informed and acknowledges that the Club makes no claims as to medical or fitness results that can or may be obtained through use of the Club’s facilities, equipment or services. The Club has neither suggested nor will suggest any medical treatment to Member. Only licensed medical professionals are qualified to give medical advice.
- Member’s Health Warranty. Member represents that: (i) there are no medical or physical conditions that would preclude his or her use of the Club’s facilities; (ii) he or she has not been instructed by any physician not to use Club; and (iii) he or she is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise.
- Member Release and Indemnity. By completing a purchase with Club, and/or by attending sessions or classes or otherwise participating in Club activities, Member hereby acknowledges and agrees that there are inherent risks in exercise, up to and including sever physical injury and death. Member assumes full responsibility for his or her use of the Club’s facilities and shall indemnify New York Personal Training and its shareholders, affiliates, agents and employees.
- Prevailing Party. In the event Member commences an action against the Club or its shareholders, affiliates, agents or employees and fails to obtain judgment or partial judgment in Member’s favor, Member shall be liable to the Club for all costs and expenses associated with Club’s defense of the action or any claims on which Member did not prevail, including attorney’s fees and costs.
- Costs of Collection. Member agrees to pay all costs plus reasonable attorney’s and collection fees in connection with Club’s (or Club’s designee’s) collection of any amounts owed by Member in addition to a $5,000 collection penalty.
- Loss of Property. Member is urged not to bring valuables onto Club premises and to keep valuables with him or her at all times. The Club shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry).
- Members and Guests Rules. Member and his or her guests shall abide by the Club’s rules and regulations and any amendments and/or modifications thereto.
- Dress Code. Proper athletic attire is required. The Club reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
- Independent Contractors. From time to time, the Club may make the services of independent contractors available to Member and his or her guests. The Club does not warrant or guarantee the quality of these services.
- Special Events. The Club may from time to time reserve the use of its facilities for special events, competitions and private functions. Such Special Events shall not affect any Member obligations nor may they be construed as breach (e.g. as a disruption of and/or failure to provide services).
- Change in Operating Hours/Class or Session Hours/Temporary Closing of Club. As a result of repair, maintenance, Special Events, legal matters, or act of God, the Club may be required to restrict the use or temporarily close its facilities or activities from time to time. There will be no reduction or suspension of membership fees during such time when the above-mentioned occurs. Hours of operation, and class and session schedules, may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at the Club’s discretion.
- Children’s Use. All children under 18 years of age must be accompanied by a parent at all times within the Club unless they are in a supervised activity. Children under age 13 are not permitted in any Club facility without the express permission of Club management.
- Non-Discrimination. The Club will not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry in considering applications for, or have taken other action in connection with, membership in the Club.
- Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.
- Enforcement. If any provision of Member’s contract is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
- Governing Law; Jurisdiction. This agreement shall be governed in all respects by the substantive law of the state of New York, without regard to its conflict of law principles. Member hereby unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in the State of New York for any actions, suits or proceedings arising out of or relating to this agreement.
- Entire Agreement. This contract and all rules and regulations of NYPT, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to this membership. This agreement may be modified only by an instrument in writing and only by NYPT.
“Member,” as defined above, and herein identified below as “Recipient,” voluntarily and willfully wholly agrees to the following in regard to keeping confidential “Confidential Information,” as delineated and set forth as follows:
- The Confidential Information to be disclosed can be described as and includes:
Any communication – spoken, written, or electronically transmitted – by NYPT and Michael Shaw, (collectively referred to herein as “Company), and its employees, contractors, staff, and officers (collectively referred to herein as “Staff”) in relation to personal or business affairs, including but not limited to any business or personal information Recipient may acquire about company DIRECTLY OR INDIRECTLY (e.g. overheard conversations, emails, an any other form of communication), including but not limited to business methods, intellectual property, trade methods, other invention description(s), technical and business information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and/or illustrations, existing and/or contemplated products and services, research and development, financial information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.
- This Agreement imposes no obligation upon Recipient with respect to any Confidential Information that becomes a matter of public knowledge through no fault of Recipient. However (a) any information received by Recipient from a third party, owing or not owing a duty of confidentiality to the Discloser, that can be construed as Confidential Information, and (b) any information that is independently derived by Recipient through Recipient’s relationship with Company or Staff, shall be considered Confidential Information and thusly subject to the binding confidentiality terms of this agreement.
- This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information. Any addition or modification to this Agreement must be made in writing and signed by the parties.
- Company fully recognizes Recipient’s right to free speech, however Recipient willingly agrees not to author or post, or have posted on his/her behalf, any content, reviews, or ratings that in any way negatively depict Company or Staff on any website or mobile platform, either currently in existence, or yet to be created.
- Recipient acknowledges that any breach of this agreement can be unquantifiably injurious to Company, Staff, and any other current or future business ventures.
- The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in New York County courts in the State of New York. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine, or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the New York County Courts located in the State of New York shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or relating to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. If Company must bring legal action to enforce any part of this Agreement, it shall have the right to collect from the other party (Recipient) its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.
- If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.
- There is NO TERM of this Agreement; it shall survive in perpetuity. This Agreement shall remain binding despite any temporary or permanent changes in the relationship between the Recipient and Company.