UNLEASHED NYC

Service Agreement

This document constitutes the Agreement between Unleashed NYC LLC, hereafter “Unleashed”, and (Client's Full Name), hereafter “Client”.

Client hereby agrees to purchase an automatically renewing pricing option starting on ______ (date).

Credit Card Authorization / EFT Request and Authorization:

Client hereby authorizes Unleashed or its assigns to make periodic charges or withdrawals (“EFT Authorization”) from the account designated to pay the initial payment or the account on file for the Client or replacement account designated by Client and accepted by Unleashed for payment of any and all fees, late charges, costs, expenses, or any other monies due to Unleashed under the terms and conditions of this Agreement.

The monthly pricing option fee will be charged in advance of service periodically to the payment method designated above. A 3% convenience fee applies to all credit/debit card transactions.

No Refunds:

All sales are final, and no refunds are given. Refunds are not given for unused class reservation credits, including but not limited to periods of business closure due to government mandates, weather conditions or holidays.

Pricing Option:

A pricing option includes 8 & 12 Class Reservation Credits per Term. A Term is four (4) consecutive weeks. Class Reservation Credits expire four (4) weeks after the date of purchase or the date of renewal of the pricing option. Pricing options are non-transferable.

Price Change:

Unleashed reserves the right to increase the cost for a pricing option with a 28-day notice (“Notice”) that includes the new price as well as the date that the new price will take effect. The next renewal 28 days after the Notice was given as well as all other future renewals will automatically be billed at the new price. No action from the Client is required.

Automatic Renewals:

The pricing option will automatically renew either: (1) at the end of the Term, or (2) when all class credits are used, whichever occurs first.

Renewal Cancellation:

Automatic renewal cancelations require a 5-day notice. Cancellations are not retroactive. No exceptions. Relocation for employment, personal, health, or for any other reason still requires a 5-day notice. Cancellation requests must be emailed to [email protected]. No other form of transmittal, whether written or oral, will be permitted or honored. A confirmation email from a Unleashed staff member is required for the cancellation to take effect.

Hold:

Automatic renewals can be temporarily suspended (“Hold”) for a minimum of four (4) weeks to a maximum of twelve (12) weeks (“Hold Period”). Holds may only be prospective from the date of the transmittal of the confirmation Hold email. No retroactive holds are permitted. No exceptions. When a pricing option is on Hold, Class Reservation Credits cannot be used. The Term is extended by the duration of the requested Hold Period. Additionally, Client agrees to renew for at least one (1) Term at the end of the Hold Period.

A request for a Hold must be submitted 14 days prior to the start of the desired Hold Period and must be emailed to [email protected]. No other form of transmittal, whether written or oral, will be permitted or honored. A confirmation email from a Unleashed staff member is required for the Hold to take effect.

Despite the 14-day requirement described in the preceding paragraph, a signed Doctor’s Note that states the timespan for which the Client cannot physically participate in an Unleashed class may be submitted for an immediate Hold.

Doctor’s Note:

A note on the letterhead of a board certified medical doctor regarding the Client’s inability to physically participate in any Unleashed activities.

Class Reservation:

Client is required to make a reservation for a class at least 30 minutes in advance of a classes’ scheduled start time via the scheduling system to be allowed to attend class. Unleashed does not guarantee space in a class. Attendance in a class may be restricted to Client based on government restrictions, pricing option, type of class, size of class or for any other reason in Unleashed sole discretion.

Class Reservation Credits:

Client uses Class Reservation Credits to reserve space in a scheduled class. Unused Class Reservation Credits expire at the end of the Term. No exceptions. Therefore, unused Class Reservation Credits do not roll over or carry over into a subsequent Term.

Class Reservation Cancelation:

A Class Reservation may be canceled eight (1) hours in advance of a class scheduled before noon, and four (1) hours in advance of a class scheduled at or after noon. Failure to timely cancel a Class Reservation will yield the loss of the Class Reservation credit as the Class Reservation Credit will be considered used. No exceptions.

Account Balance:

Payments for product purchases (i.e. apparel, drinks, supplements) may be deferred by putting the charges on to an account tab. Client’s full account tab balance consisting of all purchases will be collectively charged to the designated payment method at the end of the calendar month.

Late Payment / Declined Credit Card Fees:

A $20 fee will be charged on any payment made past the due date or declined for insufficient funds. Meaning if Client is scheduled to be billed for a renewal Term and payment is not made in full at that time, then an additional $20 will be assessed, and owed in addition to the full Term payment.

Location of Service:

Unleashed offers its classes at 36-42 37th street Long Island City, New York, or any other location within 5 miles thereof.

Photo/Video Release:

In consideration for the services provided by Unleashed, Client hereby agrees to allow Unleashed, its agents, officers, principals, employees and volunteers the use of any and all picture(s), film, and/or likeness of Client for advertising and teaching purposes. Client consents to being filmed, photographed, recorded and published by Unleashed, its staff, and its assigns including professional photographers. No compensation shall be offered and not shall be provided for such use.

Lost, Stolen and Abandoned Articles:

Unleashed assumes no responsibility for any personal property, whether lost, stolen or abandoned. Lost and found articles not claimed as well as any items deemed abandoned will be donated to charity or discarded at the sole discretion of Unleashed. Further, Unleashed is not responsible for items stolen under any circumstances. This includes theft from rental lockers with or without locks. Items found in any unpaid lockers will be discarded without notice. Unleashed shall not hold any items for any Client for any reason. Any items purchased from Unleashed and not retrieved within 4 weeks from the date Client is notified items are available for pick-up shall be deemed abandoned. No exceptions. No refunds or compensation shall be offered or given for lost, stolen or abandoned items. Client shall hold Unleashed harmless and indemnify Unleashed of any liability claims in relation thereto.

Damages:

Client shall pay for any damages to Unleashed property which results from the intentional, knowing, negligent, purposeful or reckless conduct of Client, Client’s guest(s) or dependent child(ren). Client will be held financially responsible for equipment or property damage resulting from his/her negligent or reckless use, or intentional misuse of said equipment. Unleashed and its agents shall have sole discretion as to the allocation of reasonable costs to the responsible party.

Personal Property Damage:

Client takes full financial responsibility for keeping his/her personal property safe and out of harm’s way. Unleashed is not responsible for any of Client’s personal items brought to the gym. Client’s financial responsibility shall further include the personal property of Client’s guest(s) or dependent child(ren). Client shall hold Unleashed harmless and indemnify Unleashed of any liability claims in relation thereto.

Personal Injury:

Client will be held financially responsible for personal injury that client may cause to themselves or others resulting from actions by Client, Client’s guest(s) or dependent child(ren) whether such actions were intentional, knowing, negligent, purposeful or reckless. Client shall hold Unleashed harmless and indemnify Unleashed of any liability claims in relation thereto.

Conduct:

Unleashed is committed to the health, safety, and welfare of each of its clients and staff. As such, Unleashed will not tolerate unreasonable, threatening, obscene, harassing, indecent, inappropriate, demeaning, disrespectful or illegal behavior. This includes but is not limited to any violation of Unleashed policies and procedures, written or verbal. Unleashed has the right to judge behavior and respond accordingly, including, but is not limited to, termination of service without advanced notice, warning or refund to any client engaging in behavior Unleashed deems inappropriate, in its sole discretion.

COVID/PANDEMIC:

Client may not enter the facility for the scheduled class time without a mask or without their temperature being taken at the front door. Client must wear approved face covering to enter the facility and workout. Client shall be required to wear the mask throughout the workout, unless a medical condition would prohibit him/her from doing so. Entrance will be refused, and a Class Reservation Credit lost without face covering. Client shall be assigned a designated station or area and absent an emergency, may not leave their station without permission or until the end of class. Client shall maintain social distancing wherever possible and minimize touching surface areas. At the conclusion of class or when instructed to do so by Unleashed staff, Client shall be required to thoroughly disinfect their area as directed and discard wipes in the appropriate trash receptacles. Client shall not attend class if they have recently travelled and have not yet completed the state recommended self-quarantine. Additionally, Client shall not attend classes if they are displaying ANY symptoms of COVID-19 or the flu. In the unlikely event of a case of COVID at the gym, Client agrees to cooperate with Unleashed, as well as state and local government agencies regarding contact tracing. No refunds shall be given in case of government mandated closures or restrictions.

Medical Advice:

Trainers and staff of Unleashed are not medical professionals. Any and all advice sought and received is not intended to substitute for professional medical advice, diagnosis or treatment from a licensed medical professional. Client hereby acknowledges that any advice sought or provided shall not be relied upon in absence of or in conjunction with a professional medical opinion. Neither Unleashed or its principals, officers, agents, employees, organizers, representatives, trainers/coaches, volunteers, whether individually or collectively shall be liable to Client or Client’s successors, representatives, heirs, executors, assigns, or transferees for any advice mistakenly relied upon. Never disregard professional medical advice, or delay in seeking it, because of something that an owner, trainer, staff member, or any agent or purported agent of Unleashed has stated. Never rely on information provided to Client by Unleashed in place of seeking professional medical advice. Unleashed is not responsible or liable for any advice, course of treatment, diagnosis or any other information that Client obtained through Unleashed. Client is strongly encouraged to confer with Client’s doctor or other medical expert(s) with regard to information provided or obtained through Unleashed.

Change of Rules and/or Regulations:

Unleashed reserves the right to add, change or remove rules, conditions of pricing options, opening and closing hours and the services and facilities offered by Unleashed from time to time as it sees fit in its sole discretion. Unleashed may alter its location, type and quantity of equipment, and type and frequency and duration of its classes from time to time at its sole discretion. Unleashed reserves the right to change its routines, classes and equipment to accommodate the evolution of its fitness program.

Client acknowledges that Client has read, understood and agrees with all terms and conditions of this agreement. Client also acknowledges that he/she is entitled to a copy of this contract.

This Agreement as well as Unleashed’s Waiver of Liability constitute the entire agreement of the parties and no other agreement, guarantee or understanding exists between Client and Unleashed. Unleashed has made no express or implied warranties or representations other than those expressly set forth in this Agreement and Waiver of Liability to induce Client to enter into this Agreement.