By joining the session, I agree that I have completed review of, understand, accept, and agree to the information described below.
DECLARATIONS: This agreement (the “Agreement”) is entered into between Manhattan Exercise Company, LLC., its representatives, and affiliates (together the “Company”) and me (the “Client”).
I understand that the provision of group and/or private exercise and/or yoga services (hereto the “Exercise Service” or “Exercise Services”) by the Company to me, and my use of any premises, facilities or equipment are contingent upon this Agreement. The Company offers Exercise Services led by individuals that are not medical professionals and are without expertise to diagnose medical conditions or impairments. I agree to promptly and fully disclose to the Company any injury, condition or impairment which may have a deleterious effect on or be impacted by the Exercise Services and the Company’s decision to discontinue training because of any condition which presents an adverse risk or threat to the health or safety of the Client, the Company or others shall be conclusive.
ATTESTATION: I the Client certify that:
I am physically capable of participating in the Exercise Services and using the equipment associated with such Exercise Services; and
I am over the age of eighteen (18); and
I have either (i) had a physical examination and been given a physician’s permission to participate in this training program; or (ii) decided to participate in this training program without the approval of a physician.
ASSUMPTION OF RISK: I agree that if I engage in any physical exercise or activity, including group and/or personal training, or enter the Company’s premises or use any facility or equipment on the premises for any purpose, I do so at my own risk and assume the risk of any and all injury and/or damage I may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to me by the Company or otherwise, including injuries or damages arising out of the negligence of the Company, whether active or passive, or any of the Company’s affiliates, employees, agents, representatives, successors, and assigns. My assumption of risk includes, but is not limited to, my use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. I assume the risk of my participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, aerobic/anaerobic exercise, yoga, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. I also understand that during the performance of services being provided physical touching and positioning of my body may be necessary to assess muscular and bodily reactions to specific exercises, as well as to ensure that I am using proper technique and body alignment. I agree that I am voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to me or my property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of the Company or otherwise, and I expressly consent to physical contact for the stated reasons above.
RELEASE: I agree on behalf of myself (and all my personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge the Company (and the Company’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of the Company, whether active or passive, or any of the Company’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) my use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including group and personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from Exercise Services, including injuries resulting from the Company’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: I hereby agree to indemnify and hold harmless the Company from any loss, liability, damage, or cost the Company may incur due to the provision of its Exercise Services by the Company to me.
ACKNOWLEDGMENTS: I expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of New York without regard for conflict of law principles or other principles that would cause the application of the law of any other State. If any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I acknowledge that the Company offers a service to its clients encompassing the entire recreational and/or fitness spectrum. The Company is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Company. I acknowledge and agree that the Company does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. I acknowledge that I have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. I am aware and agree that by executing this waiver and release, I am giving up my right to bring a legal action or assert a claim against the Company for the Company’s negligence, or for any defective product used while participating in Exercise Services from the Company. I have read and voluntarily agree to / signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
Cancelling and Rescheduling Sessions.
Cancellation and Rescheduling terms and conditions will apply to individuals partaking in 1-on-1 training as well as multi-person groups partaking in multi-person training (each a "Client" and Together "Clients") . Clients must notify MECO of any need to reschedule at least 24-hours prior to the scheduled session by contacting the MECO Trainer or emailing MECO. Failure to contact MECO may result in a session being considered used. After the initial session, new Clients will have the ability to notify MECO and/or the MECO Trainer that they would like to cancel their program within 24-hours of the initial session being conducted ("MECO Grace Period"). Cancellation notice MUST be in writing. If cancellation notice has occurred within the MECO Grace Period, the new Client will have the option to receive a full refund, minus and processing fees. If cancellation notice is not made within MECO Grace, the intial session (with a MECO Trainer) will be deducted from the total sessions purchased. For the avoidance of doubt, as an example, if a person purchases 10 sessions and does not cancel within the MECO Grace Period, 1 session will be deducted fromteh 10 sessions purchased and 9 will remain for future use. If a cancellation notice is made after the MECO Grace Period and prior to completing the anticipated number of sessions, any refund will reflect standard pricing applicable to the number of sessions completed, partially completed, or scheduled and cancelled with less than 24-hours notice.
A 24-hour written notice to your trainer is required for all session cancellation and rescheduling requests (24-Hour Notice Period). If unable to contact your MECO Trainer, please email email@example.com and email firstname.lastname@example.org with any cancellation and/or rescheduling requests. If the MECO Trainer or Yogi arrives at the designated location to conduct the session, and/or Manhattan Exercise Co. has not been notified in writing with 24-Hour Notice, Manhattan Exercise Co. reserves the right to charge the Client the entire amount of the session price as if the session was completed as scheduled. In this case the session will be deducted from remaining sessions of the program.
If purchasing a service at a special rate, the applicable terms and conditions as described in the advertisement must be met in order to maintain special pricing. Any exceptions will be made available at the sole discretion of Manhattan Exercise Company, LLC. All session dates and times are subject to postponement based on the availability of the MECO Trainer or Yogi.
Introduction. Your agreement is Manhattan Exercise Co, LLC, and its trainers (together the “Company”) who deliver your exercise services. These Terms and Conditions form part of your agreement with the Company. You understand that the Company is self-employed and you are entering into a contract with her alone. Your instructions to commence participation in group and/or personal training will constitute acceptance of these Terms and Conditions when you will become a client (a “Client” or “you”). You are asked to pay special attention to the provisions related to cancellations. This does not affect your statutory rights.
The Company’s Obligations. The Company will design a safe program of exercise that will take into account your lifestyle, personal goals, fitness levels and medical history.
The Company will provide the coaching, supervision, advice and support that you will need to pursue your goals. Apart from the initial consultation (and the first personal training session if taken immediately afterwards) each personal training session will last 45-60 minutes (a “Session”) depending on session type.
You understand that the results of any fitness program cannot be guaranteed. Your progress depends on your effort and cooperation in and outside of the sessions. In particular you acknowledge that individual results may vary and no particular result is guaranteed by The Company.
All Client information will be kept strictly private and confidential.
Client Obligations. It is understood between you and the Company that will notify the Company of any new pain, discomfort, and injuries, and understand that you are encouraged to and have the right to discontinue activity if you experience ANY disomfort.
For private sessions, you are required to complete all sessions purchased in a multi-session program within a 180 day timeframe from the date of purchase. For individual session purchases, the Client must complete the session within 30 days of purchase. The Company reserves the right to cancel the program without refund if sessions aren't completed within this time frame. Any exceptions will need to be approved by the Company.
You are required to arrive on time for each Session so that the Company’s full training plan is achieved on each visit.
You are required to wear appropriate clothing and footwear.
The Company may require a letter of ‘medical clearance’ from your GP. Please be aware that your GP may charge for providing this letter.
You understand and agree that it is your responsibility to inform the Company of any conditions or changes to your health, now and ongoing, which might affect your ability to exercise safely and with minimal risk of injury.
If the Company requires further medical information from a practitioner, you must provide such details.
You understand that there are inherent risks in participating in a program of strenuous exercise. If you sustain or claim to sustain any injury while participating in training, you acknowledge that the Company is not responsible, except where the injury was caused by his/her gross negligence or intentional act.
The Company cannot be held liable in any way for undeclared or unknown medical conditions.
If the Company conducts the Sessions on your premises you are responsible for providing a safe exercise environment.
By participating in a session and/or making this purchase you expressly agree that contacting a Company trainer to provide direct services and/or accepting an offer of services from a Company trainer, where the Company trainer is remunerated for services directly as a way to avoid remunerating the Company is prohibited.
General. You understand that in the unlikely event of the Company being unable to continue your training, for any reason, you can request a full refund from the Company for any unfulfilled Sessions.
The Company has the right to change these Terms and Conditions, for example, to be able to offer new services or as required by law.
You are responsible for keeping all your contact information and marketing preferences up to date with the Company. The Company will only do what you ask him/her to do, or what you have given him/her permission to do with any personal or sensitive information held about you.
Your participation may be filmed or pictures taken for marketing purposes. Your participation in a Session means you consent to photography, filming and sound recording which may include you as a Client and its use in commercial distribution without payment or copyright.
Non-Circumvention. MECO trainers are prohibited from working directly with and receiving direct compensation from a Client without MECO's acknowledgement and written permission regarding this arrangement. Hence, Clients will not be permitted to work with or compensate a MECO Trainer directly without MECO's acknowledgement and written permission, and should contact MECO if a MECO Trainer proposes this kind of arrangement. Any breach of this condition may result in the immediate discontinuation of service. If a client that, has been introduced to a MECO Trainer, desires to work with the MECO Trainer outside of MECO, the Client can contact MECO for approval and the MECO Trainer will be subject to a Non-Solicitation + Client Buyout clause in order to proceed.
Force Majeure. We will not be liable for failing to perform under these Terms because of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, terrorism, natural disaster or war.
Arbitration. All disputes arising out of or relating to these Terms (including its formation, performance or alleged breach) will be exclusively resolved under confidential binding arbitration held in New York, New York before and in accordance with the Rules of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms , whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in New York, New York to enforce these Terms or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
WAIVER OF CLASS ACTION RIGHTS. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New York without regard for conflict of law principles or other principles that would cause the application of the law of any other State.
If cancellation notice has occurred within the MECO Grace Period time frame, the new client will be given a full refund, minus and processing fees. If a cancellation notice is made after the MECO Grace Period and prior to completing the anticipated number of sessions, any refund will reflect standard pricing applicable to the number of sessions completed, partially completed, or scheduled and cancelled with less than 24-hours notice.
Any client that is considered to have partaken in one or more private training sessions will not be considered a "New Client", and non-New Client 1-on-1 or 2-on-1 private training program ("Private Training") program discontinuation that occurs prior to completing the intended number of sessions (with respect to the program purchased) will result in standard pricing being applied to the sessions used. Any refund will be in an amount equal to the value of unused sessions less the applicable standard price multiplied by the number of sessions used. Any group sessions refunds will be subject to the terms and conditions of the specific group exercise service as described in the terms and conditions of the purchase.
Lateness Policy. If the client is late in excess of 15 minutes from scheduled start time, Manhattan Exercise Company reserves the right to consider the session completed, conduct an abridged session, reschedule the session, or conduct and extend the end time of the session. Any exceptions will be granted at the sole discretion of Manhattan Exercise Company, LLC.