Terms and conditions of the Vita Wellness Center Agreement

 (“Members Agreement ”):

 

This Members Agreement (“Agreement” or “Membership Agreement”) is entered into between Vita Wellness Center (Terrofit LLC) 248 Tompkins Ave, Brooklyn, NY,11216, and you the member.

 

Please review this Agreement thoroughly as it is a legal contract between Vita Wellness Center (Terrofit LLC) and all members. By using the services offered at Vita Wellness Center, members are agreeing to the terms of this Agreement. 

 

The descriptor pronoun “I” will refer to the member that agrees to the members’ agreement statement provided in this document.

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By clicking & agreeing to these terms before purchase and booking sessions, I hereby consent that this act of agreement will be used as an electronic signature in lieu of an original signature on paper. 

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Payment Policy

• I hereby grant Vita Wellness Center (Terrofit LLC) express permission to charge my credit/debit card at a monthly fee agreed upon on the selected membership paid under my account. I understand that participation in Vita Wellness Center sessions is subject to my own usage depending on Vita Wellness Center’s schedule and policies.

 

•  If applicable, monthly subscriptions for memberships are paid in advance for the monthly period, on the calendar date which the membership became activated. Private Training Subscription packages are billed in full at the time of purchase. All subscriptions are automatically charged monthly to the card on file, on the date & time of the first activation or payment. 

 

• All sessions based on the package type will be renewed at the beginning of every billing period. Unused sessions will automatically expire and will not roll over to the following month. Please ensure to utilize sessions in-person, at home or virtually to avoid sessions expiring. 

 

• In the event of a declined credit card/debit card, the member’s subscription will be immediately cancelled & any unused sessions within the subscription will be removed. To continue using our service, a new subscription purchase or single session payment is required.

 

• I hereby read and agree that this Membership Agreement requires an initial commitment of six monthly payments. Requests for cancellation and/or pausing are allowed based on the terms below.

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Upgrading/Downgrading Packages: 

• Clients are allowed to upgrade/downgrade packages at least 3 days prior to the next billing cycle. The new subscription must be purchased followed by an email to info@vitawellnessnyc.com requesting to cancel old subscription.

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Attendance & Cancellation Policy

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Reserving Classes/Sessions: Clients are solely responsible for the booking and canceling of their sessions/classes. Clients may reserve class spots online through their account, and cancel or reschedule within 12 hours of session/class time through their account.  

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Sign-in: All Members are required to check-in and enter their scheduled session/classes no later than 5-minutes after the scheduled start time. If a client does not enter their session by this time, it is considered a no-show, and Vita Wellness Center reserves the right to assign the spot to another person on the waitlist, and/ remove the session from the client's account.

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RSVP Cancellations/Rescheduling: Reservations may be canceled/rescheduled without penalty up to 12 hours prior to the class/session start time through clients online account under "My Bookings." If there are any issues with cancelling or rescheduling please contact Vita Wellness Center at info@vitawellnessnyc.com.

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If the service provider cancels the class/session within 12 hours, a refund for that class or session will be issued to your account. Refunds for packages will be refunded at your package rate per session.

  

Note: If you do not cancel before the allotted period mentioned above then your session/class will be marked as a no-show/late and will be charged as redeem/completed. Cancellation policies and fees are subject to change. However, to avoid this please feel free to utilize online programs.

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Subscription Cancellation: The subscription renews on the activation date & time of the first payment charged to your card. Cancellation of subscription will have to be submitted by email to Info@vitawellnessnyc.com (10) days before the allotted billing date of your subscription. If the submitted email is not sent before 10 days the cancellation will be postponed till the next month’s billing period.

 

Pause Subscription: The requested pause subscription period must be emailed 10 days before the billing date. The maximum pause period is up to 45 days, and the request must (1) be sent through email at Info@vitawellnessnyc.com, and (2) state the specific date (Pause start date and the ending date). 

 

COVID-19 Assumption of Risk

Vita Wellness Center will continuously use all preventative measures in our power to reduce the spread of COVID-19. However, the studio cannot guarantee that you or any member/employee will not become infected with COVID-19.

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Precautions:

• I will update Vita Wellness Center as to any changes in my medical condition or contact with others with known or suspected exposure to COVID-19.

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• I will not enter the Studio or participate in any classes, sessions, workshops, etc if I experience symptoms, or, to my knowledge, come in contact with anyone who was either known or suspected to have had symptoms within the past 14-days, associated with COVID-19 or any other sign of illness, including, without limitation, fever, chills, cough, shortness of breath, or sore throat, or if I have a suspected, or diagnosed or confirmed case of COVID-19.

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• I have read and understood the warning concerning the use of the Studio and COVID-19 potential risk. I hereby choose to accept the risk of injury while using the Vita Wellness Center services. I choose to accept the risk of contracting COVID-19 while using the Vita Wellness Center services. These services are clearly understood to pose risk and I accept the risk of injury, and the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize the Vita Wellness Center services. I understand that it’s my personal choice of having in-person or alternative virtual sessions/classes.

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Assumption of Risk

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By signing up for and/or attending classes, sessions, events, and other programs and using the premises, facilities, and equipment,

 

• I hereby acknowledge on behalf of myself, heirs, personal representatives, and/or assigns, that there are certain inherent risks and dangers in attending these services and facilities.

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• I acknowledge that some risks cannot be eliminated regardless of the care taken to avoid injuries. I acknowledge that the specific risks vary from one activity to another. I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. 

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In consideration of being allowed to participate in and access Classes and Facilities,

 

• I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by an of Vita Wellness Center services and Facilities,

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• (2) release, indemnify, and hold harmless Vita Wellness Center (Terrofit LLC), its direct and indirect parent, subsidiary affiliate entities, and each of their respective partners, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the services or use of the Facilities, and

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• (3) represent that I (a) have no medical or physical condition that would prevent me from properly using any of  Vita Wellness Center service and Facilities, (b) do not have a physical or mental condition that would put me in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise.

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Facility Damage: I am responsible for any damage I may directly or indirectly cause to any of the Studio. In addition, I will inform the Studio manager if I notice any damage to the Studios or any of the Equipment.

Photo/video Release:

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• I hereby grant Vita Wellness Center, its representatives, employees, or agents the right to take photographs and video footage of me while at  Vita Wellness Center.  Vita Wellness Center can use and potentially publish these content images or videos in print and/or electronically.

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• I agree that Vita Wellness Center may use photographs or video footage of me with or without my abbreviated name for any lawful purpose, including for such purposes as publicity, illustration, advertising, and web content. 

 

Agreement to Arbitrate: 

This Agreement shall be governed by the laws of the State of New York, and any claim or dispute that arises under this Agreement, or relating to my use of the Vita Wellness Center services. 

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• I understand that any of the Vita Wellness Center may revoke my right to use any of the Studios at any time. 

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• I understand that the Vita Wellness Center may, from time to time, revise the terms of this Agreement, with commercially reasonable efforts to notify me of such revisions by email at the email address provided.