MEMBER POLICIES

At Fitometry Health Club®, we have implemented policies, procedures, rules, and regulations (“policies”) to ensure the safe, enjoyable, and healthy use of our facilities and events by our members and guests. These policies govern your behavior on Fitometry Health Club’s premises, including but not limited to our centers, facilities, spaces, and all outdoor areas such as parking lots, sidewalks, rooftops, and child center play areas (“premises”). They also apply to any use of Fitometry Health Club’s online, mobile, or interactive offerings or websites. Additionally, these policies extend to your conduct during our programs, services, products, training, events, or other activities sponsored by Fitometry Health Club, whether on or off the premises (“events”).

The health and safety of our members and guests is our highest priority. While our policies are designed to help protect you, Fitometry Health Club cannot eliminate all risks or guarantee that you will not sustain injuries or contract viruses, communicable, contagious, or other infectious diseases, or other health hazards associated with your use of Fitometry Health Club’s premises, facilities, equipment, services, activities, events or products, including, without limitation, exposure, transmission, infection, illness, sickness, disease or death. To help protect our community, we encourage you to refrain from the use of Fitometry Health Club’s Premises and Services if you are sick or infectious. 

These policies supplement those posted, on our web or mobile sites, events or within your contract. We may adopt policies applicable to a single location or event. If you violate any of these policies, your membership, club access, or event participation may be suspended or terminated. Our decision on all questions regarding construction or interpretation of these policies is final.

We may change these policies at any time without notice, in our sole discretion. You may find the most recent version of these policies at www.fitometry,com. As a member or guest of Fitometry Health Club, you are responsible and expected to review and comply with these policies at all times.

Membership Access:

1.     REGISTRATION: All members, upon entering the club, are required to swipe their membership band at the front desk for verification. All members must have photo taken when they join.

2.     WARRANTY OF PHYSICAL FITNESS: The Member warrants that he/she is in good physical condition and has no disability, impairment or ailment which would be adversely affected by participation in a physical conditioning program or by use of Fitometry’s facilities or services. We recommend you consult your doctor for permission before beginning any gym activities.

3.     VIOLATIONS OF RULES AND REGS: In the event a member violates any of the rules, regulations and conditions of membership herein contained or posted on club premises, Fitometry may terminate membership immediately. 

4.     RETENTION OF DUES TO COVER DAMAGES: In the event a member, through negligence or willfulness, damages any of the facilities, Fitometry may terminate their membership and retain as much of the prepaid sum as is allocable to services he has taken and to cover damages caused by the member. The Enrollment and enhancement fees shall be nonrefundable and not applicable to cover damages. This provision does not in any way preclude Fitometry from seeking damages without terminating membership.

5.     DEFAULT IN FEE OBLIGATION: All monthly dues obligations are due and payable on the first of each month for checking account members or the monthly anniversary of the day they joined for members using a credit or debit card. A late charge will be collected for dues not paid on the contract anniversary date each month for credit/debit card holders and after the 1st of the month for checking account clients. If dues become delinquent, use of the club facilities will be suspended. The Member will also be responsible for reasonable attorney fees for collection of a delinquent account. There will be a charge for returned checks.

6.     WAIVER OF CLAIMS: Member acknowledges, agrees and understands that weight training, aerobics and cardiovascular training can be hazardous to some individuals and may result in injury, and other aspects of weight training, aerobics and cardiovascular training may result in injury to himself or other Members. Member further agrees that in consideration for permission to enter the club, the member assumes all risks of injury incurred or suffered while on and/or upon the premises of Fitometry and releases and agrees not to sue Fitometry, its agents, servants, associations, employees or anyone connected with Fitometry for any claim, damages, cost or cause of action which Member has or may have in the future as a result of injuries or damages sustained or incurred while on and/or upon the premises of Fitometry.

7.     Dues Payments. We collect monthly membership dues and certain other payments (such as recurring payments for services or products) within the first five (5) days of each month  or at an additional date designated by you for certain products or services by electronic fund transfer from the designated bank account or credit or debit card on file for your Monthly Payment Method (“Monthly Payment Method”). If we are unable to successfully draft payments from your Monthly Payment Method when due, we will continue to attempt collection thereafter, typically each Monday, Wednesday, and Friday of the subsequent week(s). We are not responsible for overdraft fees. We do not issue regular monthly invoices. Your transaction history (including, but not limited to, recurring and non-recurring charges) may be found within the Appointments section on Fitometry’s App under “View Transaction History.”

8.     FREEZING OF MEMBERSHIPS: You are not eligible for a Freeze if you have a past-due/overdue balance or your membership is otherwise not in good standing with Fitometry Health Club, if you joined as part of a payroll deducted or subsidized corporate membership program, or if you have a short-term membership. Clients of Fitometry who have memberships of less than one (1) year can petition the management to freeze an account. However, management reserves the right to render the final decision on a case-by-case basis. Freezes are for consecutive calendar months. Partial months freezes are not permitted. Freezes can be up to three (3) months or, if pregnancy related, up to nine (9) months A freeze may be requested only once every year of membership. Members must be active for at least thirty (30) days before requesting a Non-Medical Freeze. There is no limit for valid medical reasons. Fitometry Health Club will charge you the Freeze Fee at the start of your Non-Medical Freeze. Freeze fees are non-refundable and non-cancellable, even if you subsequently elect to reduce the duration of your Non-Medical Freeze. Your contract period will be extended by the number of months you go on a Freeze. For example, a request for a two (2) month Freeze will extend your obligation date by two (2) months until you have reached the twelve (12) month commitment. Your obligation date as reflected on your Membership Agreement will change accordingly to reflect the Freeze period. A request for a Non Medical Freeze does not invalidate the commitment period outlined in the Membership Agreement, nor does it entitle a member to a refund for unused months while on a Freeze. Similarly, a Freeze cannot be requested by members to avoid the applicable notice period for membership cancellation. Your membership will automatically revert to active status and all billing will resume at the end of the requested Freeze period. Requests for all Freezes must be made in advance and at least five (5) days before the intended start date. Retroactive Freezes are not permitted.

Members are prohibited from accessing or using any Club while their membership is on a Freeze. If you check-in to any Club while on Freeze, Fitometry Health Club reserves the right to revert your membership to active status, without further notice to you, and a prorate of your membership dues will be added to your membership account. 

9.     Three occasions of misconduct may result in cancellation of membership. No part of fees shall be refunded and any unpaid portion thereof shall become immediately due and payable.

10.  Fitometry may from time to time change, add or eliminate equipment, classes, instructors, personal trainers, support staff and services provided as business operations require. Any such change does not constitute a breach of services and does not qualify a member for refund, or early termination of membership.

11.  Cancelling Memberships: You must cancel 30 business days prior to your next billing cycle to avoid another payment, and you must have honored the time obligation of your contract. If applicable, cancellation fees must be paid before your final usage date. All fees and outstanding dues must be settled for the cancellation to be effective. Memberships cannot be cancelled while they are frozen. The cancellation of a membership will subject you to enrollment fees and any new membership rates if you choose to rejoin in the future. If you choose to cancel a contract, you must either:

1.     Send a signed and dated written notice of cancellation by registered or certified mail, return receipt requested,

2.     Personally deliver a signed and dated written notice of cancellation. A cancellation is not complete until proof submitted by you has been verified. 

12.  Club Closure or Access Restrictions. We reserve the right to close or restrict access, without advance notice, to any area of or the entire center or premises for any reason, including, but not limited to, closures or restrictions related to construction, remodeling, repair, or maintenance (whether planned or unplanned), for health or safety reasons, including but not limited to weather, natural disasters, power outages or other failure of electrical or water service; infectious disease presence, outbreak, pandemic or epidemic; terroristic activity; riots or unrest; a labor dispute, strike or shortage; directive or guidance issued or action taken by any regulatory, governmental or law enforcement agency or authority; and/ or other event outside of Fitometry’s reasonable control. Updates on such closures may be found on your club’s home page on Fitometry.com or the Fitometry member mobile app. Your obligation to pay membership Dues and/or Fees is not dependent upon usage, availability, or access to the center or premise and is further subject to your General Terms Agreement.

13.  Certain Spaces or Additional Services. We may restrict access, and/or charge separate Dues and/or Fees for access, to certain areas, programs, services, and activities, in or around a center or premise (such as the rooftop area, exercise studios, lounge areas, or any other space in or around a center or premise).

*MEMBERSHIP PRICING IS SUBJECT TO CHANGE AND CERTAIN SERVICES, PROGRAMS, AMENITIES, OR AREAS WITHIN A CLUB MAY BE RESTRICTED, CONDITIONED, OR OTHERWISE LIMITED BY SPECIFIC TERMS AND CONDITIONS AND/OR SUBJECT TO A SEPARATE OR SUPPLEMENTAL FEE FOR ACCESS OR USE, INCLUDING BUT NOT LIMITED TO, PERSONAL TRAINING, ROOFTOP AND ZEN ZONE. 

14.  Membership Suspension or Termination by Fitometry. We reserve the right to suspend or terminate your membership, or any member on your membership, at any time, for any reason and without notice for a failure to comply with these or any of our other rules, regulations, procedures or policies, including those applying to guest privileges and the use of secondary access entry points to any Club (which may be amended as necessary), Team Member directions, or for conduct we determine to be improper, inappropriate or contrary to our best interests or the best interest of our members, as determined by us in our sole discretion.

15.  Fitness Programs, and Individual Activities. You may cancel fitness programs (e.g., personal training, nutrition coaching, and small group programs) by hand delivering or sending written cancellation notice to the center where the services were to be provided and by contacting your individual trainer, instructor or coach or as per any other method outlined in your fitness agreement. We will refund all amounts paid if we receive your written cancellation notice within three (3) business days of the date you purchased the program. If we receive your cancellation notice after your first session has been serviced, we will not refund any amount you have already paid, but we will service your paid sessions on the schedule then in effect. We will not refund any amount for a scheduled session that you fail to attend or fail to reschedule or postpone (by contacting your designated trainer, instructor or coach) at least 24 hours in advance. We will provide a credit for programs that we cancel if we cannot find a suitable alternative for the registrant. If you do not attend a scheduled private group class, you will be considered as having used it. If a group class is cancelled by Fitometry, you will not be considered as having used it.

16.  Refund Methods: Unless otherwise required by law, we will issue refunds only to the payor as follows:

1.     Credit/Debit Card. Payments made via credit/debit card will be refunded to the same account used at the time of purchase.

2.     Cash or Check. Payments made via cash, check, or bank withdrawal will be refunded by means of check. Refunds for payments by check will be processed within 10 days.

3.     EFT from Bank Account. Payments made via electronic fund transfer from a bank account (EFT or ACH) may be refunded by means of a credit to the payor’s original bank account. Refunds will be processed within 10 days.

17.  Referral and Guest Policy: As part of your membership, you may receive certain privileges to periodically bring a guest to a Club. You must accompany your guest, and all guests will be required to check in at the front desk, present proper photo identification, and sign a Guest Waiver in order to access and use the Club. We invite guests to use our club, whether with a member or as walk-in visitors to the club via a Day Pass. Guest must comply with all applicable Fitometry Health Club Policies while accessing and using a Club.

·       Fitometry Health Club reserves the right to, in its discretion to prevent any individual from accessing Fitometry Health Club as a guest. 

·       A guest pass can be used by an individual, couple, or family at the same residence. 

·       A member may extend a guest pass to the same individual no more than once. More than one visit by the same individual requires purchase of a day pass.

·       Unused guest passes may not be accrued or otherwise carried forward to subsequent months or years.

·       Guest passes may be limited to non-peak usage and be restricted at Fitometry’s sole discretion.

Member Guest Pass: As part of a new member’s VIP package, members receive five(5) complimentary one-week guest passes. These passes are valid and redeemable within the first 30days of membership. Members must make a reservation for their guests at least one day advance of use.   

We may restrict overall or individual guest passes or guest use of the center at any time at our sole discretion, including limiting guest use to non-peak hours; restricting guest use of certain amenities, club areas, or limiting participation to certain scheduled or special programs. All adult guests age 18+ must complete and sign an Electronic Guest Register, which includes a WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AGREEMENT, AND ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER and present a valid driver’s license or government-issued identification card, which we use to verify guest information, track guest usage, and market or solicit as permitted by you and/or the law.   

Day Pass: Non-members may visit the club. When not extended a member Guest Pass, a day pass must be purchased for ages 16 and older. Visitors will be required to pay the day pass rate of $45 for access to the club. Visitors who are guests of members will be charged the reduced rate of $30 as a day pass fee. Group class spots are limited and reserved for members. Visitors on a Day pass may only participate in a class if there’s availability. If a visitor decides to become a member on the day of their visit, the day pass fee will be applied towards the first month dues.

Free Trials: Free trials are reserved for those interested in becoming club members and can only be issued by a Membership Services Consultant. In order to get a free trial at the club, potential members must:

1.     Fill out a form on the website requesting a day pass to try out the club.

2.     Provide local photo ID and be at least 18 years old.

3.     Schedule their free trial visit in advance with the membership services department.

USING CLUBS 

Member Conduct: You are expected to act in a respectful and socially acceptable manner while using Clubs and to be mindful of other individuals’ physical and personal space. You may not engage in behavior or conduct that Fitometry Health Club, in its discretion, considers unruly or inappropriate, including without limitation harassing, badgering, antagonizing, taunting, threatening, abusing, touching, or otherwise acting in an aggressive, unsportsmanlike, indecent or inappropriate manner towards any other member, guest, employee or other individual. Fitometry Health Club reserves the right to remove you from any Club and/or revoke, cancel, suspend or otherwise limit your membership, and/or notify law enforcement authorities if you engage in any conduct or behavior that Fitometry Health Club, in its discretion, considers inappropriate, indecent, unsafe, unlawful or otherwise in violation of Fitometry Health Club Policies.

Clothing Requirements: You are required to wear appropriate athletic attire and footwear when using any Club equipment and participating in any group fitness class, training session or other activity. Fitometry Health Club may deny you use of its Clubs if you do not wear proper attire and footwear, as determined in Fitometry Health Club’s discretion. In certain group fitness classes, such as yoga, the instructor may require you to remove footwear for the class as a condition of participation. 

No Cell Phone and Camera Use in Private Areas: Using cell phones, cameras or any other recording devices in Fitometry Health Club locker rooms and other private spaces like spa treatment rooms is strictly prohibited. Using cell phones, cameras and other recording devices in Kids Club/For Kids Only locations, and during group fitness classes is also prohibited. 

Other Cell Phone and Camera Use: As a courtesy to other members, you may not speak on your cell phone, or utilize any video chat application, while on the Club floor. You may take photos or videos in public areas of Clubs (including without limitation Club floors, studios, juice bars and cafes and the Shop) solely for your personal use. You may not take photos or videos in Clubs to promote your or any third party’s business, products or services. Use of any lighting, tripods or other such equipment is prohibited. You are expected to be respectful of other members, and you may not intentionally film another individual without their permission. If you post online or on social media a photo or video that was taken in a Club and another individual appearing in that content complains, Fitometry Health Club reserves the right to ask you to remove the post. 

Lockers: Lockers are provided solely for your benefit and convenience. You are responsible for locking your locker. Lockers are to be used only during workout hours. Fitometry Health Club will remove any articles left in a locker overnight. 

Personal Property: You should avoid bringing valuables onto Club premises. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITOMETRY HEALTH CLUB WILL NOT BE LIABLE FOR THE LOSS OR THEFT OF, OR DAMAGE TO, ANY PERSONAL PROPERTY OF YOU OR YOUR GUESTS, INCLUDING WITHOUT LIMITATION ANY ITEMS LEFT IN LOCKERS, LOCKER ROOMS, ZEN ZONE, STUDIOS, OR ELSEWHERE IN ANY CLUB. 

USE OF EXERCISE AREAS: Abuse of equipment will not be tolerated. Loud or abusive language is not permitted. Equipment must be wiped down after usage, and all weights and dumbbells put away after use. Failure to do so can result in suspension. Gym bags and coats are a hazard and are not permitted in the exercise areas. Members are encouraged to use the lockers to store these items.

Use of Equipment: To prevent injury, exercise equipment should only be used in the manner that it is designed for. All equipment must be wiped down after use.

Group Fitness Classes: Group fitness classes require advance booking and reservation. You may not be permitted to participate in these classes if you have not properly booked and reserved your spot. Fitometry Health Club may give away your reserved spot if you are not in the class at class start time. If you book online (including through our mobile app), you may cancel a booked class up to (1) hour before the class starts. If you do not cancel within this allotted time period or check in by the start of class, you will be considered as having “missed” your booked class. If you miss three (3) bookings within a thirty (30) day period, you will be prohibited from booking classes online for a period of seven (7) days. Please avoid entering a class late or leaving a class early, as this is disruptive to other members’ experience. 

No Outside Trainers: Use of personal trainers who are not employed by Fitometry Health Club is strictly prohibited at all Clubs. You may not provide personal training services to, or receive personal training services from, any other member or guest, regardless of whether a fee is charged. 

Children: Children under fifteen (16) years of age are not permitted to use Club facilities, locker rooms and equipment, unless they are participating in children-specific programming offered by Fitometry Health Club. You, as a child’s parent or legal guardian, will be required to sign a waiver and release form on behalf of your child before your child may participate in any children’s programming. All youth programs are provided solely as a convenience while you are at and using a Club and you are strictly prohibited from leaving Club premises while your child is in the Kids’ Club facility. Except for the Kids Club facilities, children must be accompanied by a parent or legal guardian at all times. Further, children are not permitted to be on Fitometry floor or studios while parents are exercising. Fitometry Health Club reserves the right to, in its discretion, prohibit any child who is disruptive, unsupervised, sick, or otherwise interfering with the Club’s operations from participating in children’s programming. 

Service Animals and Pets: Service animals that are individually trained to work or perform tasks for individuals with disabilities (“Service Animals”) are permitted to accompany members (or other Club guests) with disabilities to all areas of the Club open to members. Fitometry Health Club may ask you to remove your Service Animal if, in Fitometry Health Club’s discretion, the animal is out of control and you do not take effective action to control it, if the animal is not housebroken, if the animal poses a direct threat to the health or safety of others or if the animal’s behavior otherwise fundamentally alters the nature of the Club’s business. Fitometry Health Club reserves the right to charge you for any actual damage caused by your Service Animal. For the safety of our members and the animals, pets and “emotional support animals” are not permitted in any area of our Clubs.

Session Cancellation: For Zen, Personal Training and Nutrition, You may cancel or reschedule your Session up to twenty-four (24) hours before the Session is due to start. You will be charged for the full cost of the Session if you cancel or reschedule with less than twenty-four (24) hours’ prior notice or if you fail to show up to your Session. You are not entitled to any refund for or reinstatement of any late-cancelled or missed Session. 

No Refunds of Sessions: All sales of Sessions are final and non-refundable, except as required by law. Sessions and Treatments have no cash value and are non-transferable. Sessions may be used only during the term of your membership. If you have any unused Sessions at the time your membership is cancelled, you will not be entitled to a refund except for certain limited circumstances expressly set forth in your Membership Agreement. 

Mutual Respect: Sessions are voluntary activities in which you may elect to participate. You understand and acknowledge that the nature of personal training may require close contact between you and your trainer and that he or she may need to touch your body to provide adjustments and guidance as necessary. You may end your Session if you feel uncomfortable at any time. If you have any concerns as to how a Session was conducted, please raise those concerns with the Club General Manager or Assistant General Manager. Fitometry Health Club upholds its personnel to the highest standards of professionalism, and expects the same in return from you. If you make any inappropriate or sexually suggestive remarks or advances, your Session will be terminated immediately and Fitometry Health Club may, in its discretion, terminate your membership or take other action it deems appropriate. 

Services Rendered by Fitometry Health Club: Your purchases of any Sessions are the purchase of services to be provided by Fitometry Health Club, not by any particular trainer and Fitometry Health Club reserves the right to change or substitute your trainer at any time. 

Discounts: Fitometry Health Club may offer certain discounts for purchasing Sessions as a package. Any such discounts apply only to the number of Sessions purchased in the package and/or at that time. Any further or additional Sessions will be charged at the then-current rate for individual Sessions or Treatments.

Complimentary Items: As a benefit of your new membership and otherwise from time to time, Fitometry Health Club may provide you with certain complimentary or promotional items, including without limitation, complimentary personal training, Zen sessions or months of membership, or other account credits or promotional gift cards (collectively “Complimentary Items”). Complimentary Items are offered at Fitometry Health Club’s discretion, have no cash value and are non-refundable, non-transferable and non-descendible. Complimentary Items expire ninety (90) days after the date of issuance, unless otherwise expressly stated on a voucher or other written terms and conditions for a Complimentary Item. All applicable Fitometry Health Club Policies, including without limitation regarding booking and cancellation, apply to your use of Complimentary Items. Credits provided as a Complimentary Item may be used to purchase ancillary services and eligible retail merchandise, but may not be used towards membership dues, and beverage purchases or any other third party services offered at a Club. Complimentary Items may only be redeemed and used while you are a member in good standing and will become null and void upon any cancellation of your membership. Complimentary Items will not be considered in computing the amount of any refund to which you may be entitled upon cancellation of your membership.

Collection of Information: Information collected may include without limitation name and contact information, information you provide in your communications with us (including interactions on social media), demographic information, credit card and other payment information, information on how you use and interact with Fitometry Health Club and its Clubs and Digital Properties (including without limitation information on check-ins, class bookings, personal training and spa preferences, and session notes and logs from your trainer or instructor), browser and device information, and other information you provided to us (including without limitation information regarding health, physical condition, nutrition, fitness goals, and workout results). 

Use of Information: Information may be used to, without limitation, administer your membership and provide you with ancillary services such as personal training; respond to your inquiries and questions, provide special offers and promotional materials, communicate with you regarding your account, billing, Club updates and operational information; provide Fitometry Health Club’s products and services and otherwise satisfy Fitometry Health Club’s legitimate business purposes and needs. Information may be used to deliver you a more relevant and curated experience. Information may be combined with other information collected about you during the course of your relationship with Fitometry Health Club. Depending on the nature of the communication, Fitometry Health Club may contact you by mail, email, telephone, text or other means, automated or otherwise. 

Marketing Communications: Fitometry Health Club may use your personal data to provide special offers, promotions and information about Fitometry Health Club and our service offerings to you. We may also use your personal data to determine if you are eligible for certain offers – for example, discounted membership rates offered to your company’s employees. We may also send you newsletters and information about products, services and promotions of our business partners and affiliates that we think you may find interesting. Where required by applicable law, we will obtain your consent to send you marketing communications. If you do not wish to receive any marketing emails, you can opt out of future mailings by clicking on the unsubscribe link located on the bottom of the relevant email. If you are a member, please note that even if you opt-out of receiving promotional emails, you will continue to receive administrative and operational communications regarding your membership, such notices regarding billing or club closures, as described above.