Section 1 – Consumer Protections Under New York Health Club Services Law
1. IMPORTANT NOTICE FOR HEALTH CLUB MEMBERS (RIDERS) – New York State law requires certain health clubs to have a bond or other form of financial security to protect members (Riders) in the event the club closes. The Studio has posted the financial security required by law.
2. For the purposes of this Section 1, the purchase of memberships and ride credits between Riders and the Studio shall be referred to as a contract for services, Riders may be referred to as buyers or “you”, and the Studio may be referred to as the seller.
3. Every contract for services made prior to the Studio’s facility opening may be voidable in the event that the Studio’s facility does not open and the services to be provided pursuant to such contract are not available within one year from the date the contract is executed by the buyer.
4. Every contract for services may be cancelled within three business days after the date of receipt by the buyer of a copy of the written contract. Notice of cancellation must be delivered by certified or registered United States mail to the Studio’s address. CONSUMERS RIGHT TO CANCELLATION. RIDERS MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM PURCHASE. Buyer shall include with such notice the contract forms, membership cards and any other documents or evidence of membership previously delivered to the buyer. All moneys paid pursuant to such contract shall be refunded within 15 business days of receipt of such notice of cancellation.
5. If the buyer has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the buyer shall also be returned within 15 days.
6. ADDITIONAL RIGHTS TO CANCELLATION: You may also cancel a contract for services for any of the following reasons, provided that you give written notice to the Studio along with reasonable evidence for the cancellation: If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six months. If you die, your estate shall be relieved of any further obligation for payment under the contract for services not then due and owing. If you move your residence more than 25 miles from any health club operated by seller. If the services cease to be offered as stated in the contract for services. All money paid pursuant to such contract for services cancelled for the reasons contained above shall be refunded within 15 days of receipt of such notice of cancellation; provided however that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract for services.
Section 2 – Payments
1. Memberships may be purchased for the fees and pursuant to the terms described on our Buy Rides page.
2. Ride credits may be purchased for single rides, or in packages, for the fees and pursuant to the terms described on our Buy Rides page. Ride credits (single rides and packages) expire on the expiry dates described on our Buy Rides page.
3. Payments can be made by credit card, debit card, cash or any other form of payment that is accepted by the Studio.
4. Purchased memberships, ride credits (single and packages) are non-transferable and non-refundable.
5. Credits and refunds will not be given for memberships, or ride credits, for lack of use or any other reason.
Section 3 – Reservations, Rescheduling, No-Shows
1. Reservations and cancellations may be made on our Reserve A Ride page or by calling the front desk.
2. To reschedule a reservation, Riders must cancel their booking no later than 12 hours before the start time. After this time, reservations cannot be rescheduled. Credits and refunds will not be given. Monthly members who cancel their reservation less than 12 hours prior to their reservation will be charged $25 and will be automatically deducted from the member’s credit card, debit card or other payment source.
3. Bikes will be released 5 minutes before the start of class in the event of a no-show and the rider has not informed the front desk that they are running late. If a rider calls the front desk about running late, the Studio will hold the reservation for a maximum of 5 minutes after class begins. Riders who are more than 5 minutes late will not be admitted into class as it is too disruptive.
1. Membership fees will be automatically deducted from each member’s credit card, debit card or other payment source on the member’s start date and each subsequent month thereafter at the start of their billing cycle until the membership has been cancelled.
2. Memberships may be cancelled by providing the Studio with notice at least 10 days prior to their next scheduled billing cycle.
3. Memberships may not be frozen due to lack of use or any other reason.
4. Memberships may be revoked by the Studio at any time and without credit or refund in the event that a member, or his or her guests, breaches these terms or the rules and regulations of the Studio.
5. Additional fees may apply to members that use services outside of his or her membership privileges.
6. Minors must register as members in person and parental/guardian consent is required.
Section 5 – Participant Risks
1. All Riders must sign and execute a Waiver and Release of Liability in person prior to participating in any class, activity, event, or other program offered by the Studio. A copy of the Waiver and Release of Liability may be obtained by contacting the front desk.
2. Riders should consult with his or her physician and have a physical examination before using any of the Studio’s facilities or enrolling in any of the Studio’s classes, especially if a rider 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.
3. Riders are strongly encouraged to request and take advantage of the free initial orientation (including bike fitting) and ongoing support available to ensure the proper and safe use of all of the Studio’s equipment.
4. Riders acknowledge that there are various risks inherent in their participation in classes and use of the Studio’s equipment, including but not limited scratches, transient dizziness, fainting, nausea, muscle cramping, sprains and strains, heart attack, stroke or death. Riders shall comply with all safety instructions, facility rules and verbal instructions given by staff. Riders should have no medical, mental or physical condition that could cause increased risk of injury or adverse health consequences as a result of participating in classes. Riders hereby assume all risk, and, further agree to forever release, indemnify and hold harmless IMAXShift, and MediFit Community Services LLC, each of their affiliates, and each of their respective directors, officers, employees, agents, contractors, and sponsors from any and all claims, suits, losses, or related causes of action for damages, including but not limited to, such claims, that may result from any injury, illness or death, accidental or otherwise, during, or arising in any way from their participation in classes or use of the Studio’s equipment. This waiver and release of liability shall be binding upon each Rider’s heirs, spouse, next of kin, executor, administers and assigns.
5. THE FITNESS EQUIPMENT IN THE STUDIO’S FACILITIES PRESENTS HAZARDS WHICH, IF NOT AVOIDED, COULD CAUSE SERIOUS INJURY OR DEATH.
6. IF A RIDER IS UNSURE ON HOW TO USE A MACHINE, SEEK THE ASSISTANCE OF THE STUDIO’S STAFF.
7. IMMEDIATELY REPORT ANY PIECE OF EQUIPMENT THAT IS NOT FUNCTIONING PROPERLY TO THE STUDIO’S STAFF SO THAT IT MAY BE EVALUATED AND SERVICED PROMPTLY.
8. DO NOT ATTEMPT TO USE OR FIX ANY PIECE OF EQUIPMENT THAT IS NOT FUNCTIONING PROPERLY.
Section 6 – Rules and Regulations
1. All Riders must check-in at the front desk prior to participating or using the Studio’s facilities.
2. Appropriate athletic attire must be worn by Riders at all times.
3. Pets and bicycles are not permitted in the Studio’s facilities.
4. If spaces open up, an email/text will go out to those on the waiting list according to their place in line. Riders must text back/email/call within 15 minutes to confirm their reservation and to be added to the class; otherwise, the spot will be offered to the next rider on the waiting list.
5. Lockers are provided for day usage and are for the convenience of the riders. The Studio will remove any articles left in a locker overnight.
6. Riders are urged not to bring valuables on to the Studio’s facilities and to keep valuables with him or her at all times. The Studio shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry).
7. Riders must be at least 13 years of age. Riders between the ages of 13 and 17 require parental/guardian consent.
8. Riders must not use any Studio facility, service or equipment in such a way that would endanger the health or safety of other Riders or the Studio’s staff.
9. Riders shall be responsible for any property damage or personal injury caused by his or her self or their guests.
10. Riders agree not to violate any laws while at the Studio’s facilities.
Section 7 – General
1. The Studio may from time to time make the services of independent contractors available to Riders, members and his or her guests. The Studio does not warrant or guarantee these services in any way.
2. The Studio may from time to time reserve the use of its facilities for special events, competitions and private functions.
3. As a result of repair, maintenance, special occasions, or act of God, the Studio may be required to restrict the use or temporarily close its facilities, classes or activities from time to time. There will be no reduction or suspension of fees during such time. Hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at the Studio’s discretion.
4. The Studio may modify these terms or any additional terms that apply to the Studio, memberships and ride credits to, for example, reflect changes to the law or changes to offerings or services the Studio provides. Riders should look at the terms regularly. The Studio will post notice of modifications to these terms on this page and notice of modified additional terms at the appropriate location.
5. If there is a conflict between these terms and any additional terms, the additional terms will control for that conflict. If a Rider does not comply with these terms, and the Studio does not take action right away, it does not mean that the Studio is giving up any rights that the Studio may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
6. All claims arising out of or relating to these terms or the offerings or services the Studio provides will be litigated exclusively in the federal or state courts of New York County, New York and all Riders and the Studio consent to personal jurisdiction in those courts.