TO THE CORE LAGREE FITNESS – CLIENT AGREEMENT
This Client Agreement (this “Agreement”) is entered into between To The Core Lagree Fitness, LLC (“To The Core”. the “Studio”, “us”, “our”, or “we” ), and you the member (“You” or the “Member”). This Agreement govern the use of our classes, events, activities, and other programs using our premises, facilities, and equipment (individually and/or collectively, the “Classes” and “Facilities”).
TO THE CORE POLICIES
Classes must be cancelled at least 12-hours prior to the start of the class time. If You do not cancel or reschedule before the cancellation window closes, You be considered a late cancel, lose your class credit, or incur a fee. Late cancels incur a $10 late cancel fee and loss of credit; no-shows incur $15 fee and loss of credit.
There is a 5-minute grace period for late arrivals, unless a client is on the waitlist or waiting stand-by, at which point your spot will be given away.
Grip socks are mandatory on the Megaformers, and available for sale at the Studio. Athletic shoes are mandatory in VersaClimber classes.
Instructors are subject to change and classes are subject to cancellation without notice. When possible, an email will be sent communicating the change in the schedule. Subject to any opt-you, You consent to receive noticed from To The Core pertaining to a class or session which You are registered for. To The Core is not responsible if You do not read the notices.
You may ‘freeze’ your membership once per year, for a minimum two- month period only. All freeze requests must be made at least 7-business days prior to the date of requested freeze and are subject to a $25 administrative fee.
Safety is crucial; our instructors are trained to provide corrective touches during classes to ensure that all clients are safe and maintaining correct form.
I. PURCHASING INFORMATION:
1.1 PURCHASING, PAYMENTS: All classes are reserved and paid for in advance through To The Core online booking system. All sales are final, and no refund will be provided, including gift cards and retail. Classes are not eligible for transfer, exchange, or refund; packages cannot be shared between clients. All fees and charges (including any taxes and late fees, as applicable) will be charged to a valid and up-to-date debit or credit card on file, as further described below.
1.2 PACKAGE EXPIRATION: Class packages refer to ay purchase of a pre-determined allotment of classes to be redeemed at To The Core in a given time frame. Unless otherwise specified (as a Monthly Recurring Membership), packages are not subject to autorenewal. All packages expire, as described on the Website from the date of purchase, unless noted otherwise in the description at the time of purchase. There are no extensions, refunds, or freezes for purchases or expired classes. You are responsible for noting package expiration date; To The Core will not send reminders or follow-up. Remaining credits at the expiration of the package will be forfeited and will not roll-over or be converted into To The Core credit.
1.3 PACKAGE POLICIES: By purchasing a package of classes with To The Core You agree that: (1) Packages are not shared or transferable between individual’s, unless expressly agreed upon by To The Core’ ownership in writing; (2) expiring packages may not be extended, transferred, refunded, shared, or frozen; and (3) To The Core will not adjust or extend packages due to accidental bookings or the acts or omissions of clients. The expiration date set on an expiring package is the date on which the classes in the package may no longer be used.
1.4 FIRST TIME CLIENTS: Each individual may take advantage of a To The Core First Time “Offer” once, and the Offer must be redeemed at their initial visits only. Individuals may not create multiple accounts to take advantage of the Offer numerous times; those found in violation of the Offer will immediately lose access to the purchase with no refund and may be prevented from attending classes at the studio in the future. The Offer has an expiration, which You are responsible for noting and managing. Late canceling the initial booking of an Offer will trigger activation of the Offer.
1.5 CHARGEBACK POLICY: Unless otherwise provided by law, You acknowledge that all sales are final and To The Core does not offer refunds for any portion of your payment for any of the services at any time, unless explicitly indicated otherwise at the time of purchase. By agreeing to the terms of this Agreement, You agree that You will not issue a chargeback for any payment made as You are fully aware of this Refund Policy and voluntarily consenting to it.
Should You attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not and You will lose all access to ALL credits purchased from To The Core or your Membership.
1.6 PAYMENT PROCESSOR: Payments made on the Sites are processed by the third-party payment processor, integrated by the Website host, MarianaTek. You are required to store a valid and up-to-date debit or credit card on file within your Account for: (1) incidental charges such as late-cancel fees, (2) ease of transaction, (3) for enrollment in the Membership which does require a credit card on file to enroll, and/or 4) recurring payments for Services on a payment plan. In such event that an incidental charge needs to be made the cardholder and account holder gives permission to To The Core to charge the card on file. Site. Additionally, the cardholder and account holder may give permission to To The Core to charge the card for auto-debit memberships.
1.7 ACCOUNT: Upon your first purchase of the Services, or first use of the Sites and/or Website, You will be prompted to create an account (the “Account”) with To The Core via third-party hosting platform MarianaTek. Your Account is protected via password and where You will purchase and book certain Services, access certain purchased products, and securely store credit card information.
II. MEMBERSHIP
2.1 MEMBERSHIPS: To The Core offers various “Membership(s)” which refers to (1) a renewing monthly commitment to a certain number of classes or unlimited access; OR (2) a commitment for a pre-determined amount of time which is paid either in-full in advance. Memberships are billed monthly and automatically renew monthly on the same date of Membership purchase, or in full at the time of enrollment. Membership will continue to renew until canceled by You. Failure to timeline cancel will result in an auto-renewal.
2.2 MINIMUM MEMBERSHIP COMMITMENT: Memberships require an initial 3-month commitment upon initial enrollment. You may cancel your Membership, per the terms of this Agreement prior at any point; however, Memberships canceled less than 3-months into their commitment are subject to an additional $100 early cancellation fee.
2.3 AUTO DEBIT: By purchasing a Membership, You expressly agree that To The Core is authorized to, on a recurring basis on the same of the day of each month of the membership, automatically charge the debit or credit card account You specified in your Account, for the auto-debit plan You enrolled in. You understand and acknowledge that (1) To The Core will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. To The Core may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. To The Core cannot be held responsible for errors in processing due to expired or inaccurate information; and (3) To The Core is not responsible for any bank overdraft fees that may occur.
2.4 MEMBERSHIP CANCELLATION: Membership will continue to renew each month / cycle unless a cancellation is requested at least 30-days in advance of the auto-renewal date. Cancellations can be requested by emailing To The Core at Jill@ToTheCoreLagree.com. When You cancel prior to the next billing date, You still maintain access to the Membership through the end of your billing cycle. If You do not cancel prior to 30-days before your billing date You will be automatically billed, with no refund, for the subsequent month and continue to have access until your next billing date, at which point your Membership will be considered cancelled and You will not be billed further.
2.5 MEMBERSHIP FREEZE/PAUSE: You may ‘freeze’ your membership once per year, for a two-month period only; all freezes longer than two months may result in membership cancellation. All freeze requests must be made via writing in email at least 7-business days prior to the date of requested freeze. Emails shall be directed to Jill@ToTheCoreLagree.com and must include: (1) date membership is to be frozen; and (2) date to unfreeze Membership. A $25 administrative fee will be assessed in relation to all freezes. You understand that your Membership will automatically be unfrozen, and You will be charged on the date provided.
2.6 STATE OF NEW YORK – MEMBERSHIP TERMINATION, DISCLOSURES: This Agreement may also be terminated via electronic mail (email) or a letter mailed first-class in the event of (1) death or disability of the Member (provided that any such disability must persist for longer than six (6) months and prevent the Member from participating in Classes); (2) the Member moves further than twenty-five (25) miles from the Studio (with proof of new residence required within 60 days of cancellation); or (3) the Studio ceases operations due to a permanent closure of its business.
Disclosure Required under NY State Law: CONSUMER’S RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE DATE OF THIS AGREEMENT.
To cancel this Agreement pursuant to the above disclosure, please mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the Studio, or delivered in person to the Studio staff at 1028 Ridge Rd., Suite 108, Webster, NY 14580.
III. RESERVATIONS AND CANCELLATION POLICIES
3.1 CANCELLATIONS, RESCHEDULING, LATE-CANCEL POLICY: Classes must be cancelled at least 12-hours prior to the start of the class time. Cancellations and reschedules may be done online only via your Account. There are no refunds on cancelled classes; your Account will be credited back.
If the cancellation is made inside of the 12-hour window prior to Your class, it will be considered a ‘late cancel’ and the credit will be forfeited, and You will be charged a $10 late-cancel fee. If You do not show up to the scheduled class, it will be considered a ‘no show’ and You will forfeit the credit and be charged a $15 fee.
Cancellations via texting, Facebook messenger, Instagram, and other social media platforms are not valid forms of cancellation, and You will be charged if the booked session or class is not properly canceled outside the cancellation window.
3.2 LATE ARRIVALS: You are expected to arrive to any scheduled class on-time, and ready to begin. There is a 5-minute grace period for late arrivals of returning clients only, so long as You call the Studio to let them know You are on your way. Arrivals after 5 minutes will not be admitted, and your spot may be given to a client waiting on standby. If there is a client waiting on standby and You do not call the studio, your spot will be released at the start of class time.
In the event You are not admitted into class for the above reasons, it will be considered a “no-show”, and the class credit will be forfeited.
3.3 WAITLIST: In the event a scheduled Class is booked to capacity, You may place yourself on the “Waitlist” for that Class. If You add yourself to a Waitlist, You are solely responsible for managing your bookings any cancellation, as applicable. Members will automatically be pulled from the Waitlist into class up to 2-hours prior to the class start time. If You are pulled off the Waitlist and into class during the ‘late-cancel’ window and need to cancel, You are subject to the late cancellation policy.
IV. STUDIO POLICIES
4.1 STUDIO POLICIES: Instructors are subject to change and classes are subject to cancellation without notice. When possible, an email will be sent communicating the change in the schedule. Subject to any opt-you, You consent to receive noticed from To The Core pertaining to a class or session which You are registered for. To The Core is not responsible if You do not read the notices, or if you unsubscribe and do not receive the notifications.
4.2 STUDIO GUESTS: Unattended children and pets are not permitted in the studio.
4.3 CLEANING: All clients are responsible for wiping down their machine after class.
4.4 WORKOUT ATTIRE, GRIP SOCKS: All clients are asked to wear workout gear to the session and classes. No jeans or attire with metal accessories or large zippers are allowed on the equipment.
For your safety, and to protect the integrity of the equipment, ALL clients are required to wear grip socks during their Megaformer class AND athletic shoes during your VersaClimber class. You must provide your socks, and if You forget them, You may purchase a pair at the studio.
4.5 CONTENT RELEASE: You grant To The Core, its representatives, employees, agents and/or assigns the right to take digital recordation of You while engaging with and/or interacting with To The Core and/or participating in a class with To The Core, and to use and publish these photos or videos in print and/or electronically. By agreeing to be filmed, photographed, and/or otherwise documented by To The Core, You, on behalf of yourself, heirs, representatives, executors, and assigns, irrevocably grant To The Core the absolute and unrestricted right and permission throughout the universe and forever to copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit by any and all uses such content, with or without my name, without compensation, for any lawful purpose, including but not limited to: publicity, illustration, advertising, and web content. You further agree that To The Core is the lawful owner of all digital files, and accordingly, waive any right that You may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein your likeness appears, or the use of which may be applied.
4.6 SECURITY CAMERA: To The Core utilizes video surveillance cameras within the studio for the safety and wellbeing of all members, guests, and trainers. In compliance with state laws, cameras are located in common areas where there is no reasonable expectation of privacy, and records video and audio. While the camera’s main purpose is to provide an added level of security, ownership may from time-to-time observe club happenings and events via the camera stream.
4.7 RETAIL SALES, GIFT CARDS: All retail purchases are final sale, notwithstanding state law. Gift card sales are also final; however, per state law gift cards do not expire. To The Core is not responsible for lost or stolen gift cards and will not replace lost or stolen gift cards.
V. PERSONAL RESPONSIBILITY, DISCLAIMER & RELEASE OF CLAIMS
5.1 RELEASE OF LIABILITY, INDEMNIFICATION: You understand and are aware that strength, flexibility, mobility, and aerobic exercise, including the use of fitness while largely beneficial for your physical and mental wellbeing, are also potentially hazardous activities. You will, at all times, use all reasonable efforts to ensure your own physical safety. You shall comply with all stated and posted safety rules, as well as verbal instructions given to you by a To The Core instructor. You also understand that fitness activities involve the risk of injury (including death), and that You are voluntarily participating in the Sessions, and using equipment, knowing the dangers involved. You agree to assume full responsibility for all injuries which are sustained or aggravated by You.
You understand that equipment used in fitness instruction can be dangerous and cause injuries if used improperly or negligently. You agree that To The Core is not responsible for any injury You sustain while using the equipment, whether due to your use or misuse of the equipment; due to defects or damages in equipment used while under the supervision of To The Core (whether owned and/or maintained by To The Core). You further understand that To The Core is not an equipment manufacturer and that responsibility for any injuries or damages caused by the machine lie solely with the manufacturer.
You declare yourself to be physically sound enough to participate in a class and, if applicable, You have been cleared by a medical professional to begin, or continue participating in, physical activities, such as those of a class. You have not been advised by a medical doctor to avoid physical activity like that of a class and assume all responsibility and risk for participating in activities to which You have been advised against. You do not suffer from a condition, impairment, disease, infirmity, or other illness that would prevent your participation, or use of equipment, except as noted by To The Core; in this instance You will notify a To The Core instructor, and you will modify accordingly.
You agree that if, during a class or immediately after, You experience any symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, You will immediately stop exercising, and if possible, notify your instructor of your symptoms. You authorize any representative of To The Core to obtain emergency medical transportation and treatment for You if necessary. To The Core reserves the right to refuse service and studio access to anyone if, in their sole discretion, they consider one’s health to be of concern and could be endangered by a class.
In consideration of your participation in and access the Sessions and Studio, You release, indemnify, and hold harmless To The Core, its direct and indirect parent, subsidiary, affiliates and entities, and each of their respective officers, employees, contractors, representatives, and agents, from any and all responsibility, claims, demands, actions, suits, procedures, costs, expenses, damages, debts, losses, liabilities, and attorney’s fees, to the fullest extent allowed by law arising out of or in any way indirectly or directly related to participation in the Sessions, use of the Studio (including ingress and egress to the Session space, whether public or private property), or training with To The Core in any way.
If participant is under 18 years old, a parent, guardian, or other legal representative must agree to these terms on behalf of the participant. By agreeing to this Agreement and allowing a minor participant, You, the legal guardian are releasing, indemnifying, and holding To The Core harmless in all ways, the same as if You were a participant, as described above.
5.4 PRENATAL, PREGNANT, POSTPARTUM DISCLAIMER: You acknowledge and agree that participation in any exercise program, while pregnant or immediately following a pregnancy, may increase the risk of injury to yourself, and if applicable, your unborn child. You confirm that You have consulted with your doctor, midwife, or other healthcare provider, regarding your participation in an exercise regimen and the risks that You may encounter; they have given You permission to participate in a Service.
You understand and agree that the intensity of your participation in an exercise program, and the exercises performed, must be determined by You, in consultation with your healthcare provider. Even during any workout series tailored to pregnancy or postpartum, To The Core is not responsible for the intensity or scale or your participation. You agree to discontinue exercises immediately should your medical condition change (ex: pain, bleeding, discharge, cramps) and speak with your healthcare provider immediately before resuming any exercise.
In participating in any service with To The Core pregnant or immediately following a pregnancy, whether knowing or not, You assume all associated risks to yourself, and if applicable, your unborn child and release To The Core per the terms of this Agreement and section.
VI. CLIENT AGREEMENT – TERMS AND CONDITIONS:
6.1 GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this Agreement is governed by the Laws of the State of New York, United States, and You hereby consent to the exclusive jurisdiction and venue of courts in Monroe County, New York, United States. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of New York, Monroe County, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of New York, Monroe County.
6.2 MUTUAL NON-DISPARAGEMENT: Should You have any questions or concerns about the services or To The Core, You agree now to contact To The Core directly in a mature and professional way rather than to publicly make any negative or critical comments about the business through social media, public forums, or otherwise. The parties agree not to communicate with any other individual, company, or entity in a way that is harmful or disparaging to the other, whether actual or perceptual, or to do or say anything that is injurious to each other’s reputation, including about the services and/or To The Core business, employees, contractors or agents, or other participants. In arbitration or when required by law, the parties are not prohibited from publicly sharing our thoughts and opinions
6.3 FORCE MAJEURE: In the event that any cause beyond one’s reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for To The Core to perform any responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, To The Core is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill the responsibilities and obligations.
6.4 EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from To The Core related to the Services, the Site, To The Core brand, and your participation in all of the above. By entering into this Agreement, You give To The Core permission to email You, at the email address on file, regarding the same.