This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between PWR Performance Wellness Recovery, located at 6 Vatrano Road Albany, NY 12205 (“PWR”), and you the member. PWR is a fitness facility offering group fitness classes. Please review this Agreement thoroughly as it is a legal contract between PWR and all members. By using the services offered at PWR, members are agreeing to the terms of this Agreement.
MEMBERSHIP PAYMENTS AND FREEZES
PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Class packages are billed in-full at the time of purchase. Monthly membership payments shall be made on the calendar date which the membership became activated on (i.e. membership commenced on the 15th, payments made on the 15th of each month thereafter), on a month-by-month basis, via automatic debited payment (credit card or debit card). Additional terms regarding the automatic debited payments are outlined below.
In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their monthly membership dues paid in full.
FREEZE POLICY: Members with a monthly unlimited membership may put their membership on hold, in one-month increments, for up to three (3) calendar months. A fee of $25 will be charged per freeze request, with exceptions granted for medical issues with documentation provided. Notice of intent to freeze one’s account must be submitted to PWR via email at email@example.com no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months.
COVID-19 FREEZE: In the event of a mandated facility shutdown per NYS, member will have the option to freeze contract without incurring a fee UNTIL facility reopens. No freeze extensions will be given beyond reopening date. Automatic freeze will not be issued, member MUST email and freeze starts on date of email. Contract freeze does not give access to Virtual/Video on Demand unless member purchases a separate pricing option for access.
CLASS CANCELLATION AND BOOKING POLICIES
RESERVING CLASSES: Members are solely responsible for the booking and cancelling of their classes. Members may reserve class spots online through their account, through the PWR app, the MindBody app, or via the MindBody member page at:
SIGN-IN: Members are required to enter their scheduled class no later than the scheduled start time. If a member does not enter their classroom by this time, it is considered a no-show and PWR reserves the right to charge a no-show fee (detailed below).
CLASS CANCELLATIONS: Reservations may be cancelled without penalty by cancelling up to 8 hours prior to the class start time. This may be done online via a member’s account on the PWR app, MindBody app, or MindBody member page. Once the class is cancelled within this time, the member will not be charged the cancellation fee. Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are not valid and the member will be charged.
CLASS LATE CANCELLATIONS:
AUTOPAY MEMBERSHIPS: If you do not cancel within the 8-hour cancellation window, a late-cancel fee of $10 will be charged to your account. If you do not cancel and do not show up to your scheduled class, a no-show fee of $10 will be charged to your account. If you are on an auto debit contract or unlimited package and do not have a working card on file for such fees, your auto-debit contract amount will be increased by the fee amount for the next month’s renewal.
The no-show and late-cancel fees apply to ALL members equally regardless of unlimited status or special package pricing or membership level.
CLASS PACKAGES: If you do not cancel within the 8-hour window, a late-cancel fee of $10 will be charged to your account and the class will be returned. If you do not have a working card on file, your class will be forfeited instead. If you do not cancel and do not show up to your scheduled class, a no-show fee of $10 will be charged to your account and the class will be returned. If you do not have a working card on file, your class will be forfeited instead.
If you book multiple classes, or waitlist multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. PWR staff cannot be held responsible for accidental bookings by members, double bookings, or double waitlisted classes made by members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.
WAITLIST: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class when applicable. If you add yourself to a wait list, YOU are solely responsible for managing your bookings and for cancelling your classes within the bounds of the cancellation policy. The system will auto-populate members into class from the waitlist as soon as other members with confirmed spots cancel, and class slots will be assigned as such. PWR staff cannot move class slots for members in classes that are completely full with waitlists.
PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT
CLASS PACKAGE PURCHASES: By purchasing a package from PWR, you agree to the Terms and Conditions in full (see below). Packs cannot be shared between members. Unlimited and auto-debit contract members are required to keep a current credit card on file.
Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen. PWR staff will not adjust or extend packages due to waitlisted classes or accidental bookings through the acts or omissions of members. The expiration date set on a package is the last date on which the package may be used.
CREDIT CARD ON FILE: Members may elect to keep a credit or debit card on file using their PWR account online for single package/class purchases. It is required to keep a credit or debit card on file for all autopay memberships. By placing a card on file, the cardholder and account holder gives permission to the PWR staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the PWR, cancellation policy detailed above.
AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize PWR to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) PWR will initiate transfers/charges pursuant to this authorization not to exceed the amount show on you Membership Agreement and/or in connect with cancellation fees per the cancellation policy. PWR 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) the PWR booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. PWR cannot be held responsible for errors in processing due to expired or inaccurate information.
HERO DISCOUNT: Available for currently employed firefighters, emergency medical professionals, military and veterans, law enforcement, teachers, students and frontline healthcare workers only. Discount is $10 off per month, applicable only to Autopay Memberships. This discount cannot be applied to specials or already discounted rates.
CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER
You may cancel this Membership Agreement at any time. You must provide PWR written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than ten (10) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take effect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled as of the date of the subsequent billing payment due date.
If, at the time of receipt of your cancellation notice, you have outstanding payments owed to PWR, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and PWR reserves the right to pursue additional avenues or means to receive monies owed.
This Membership Agreement may be cancelled without payment penalty upon receipt of written notice via email (firstname.lastname@example.org) in the event of (1) the member moves further than twenty five (25) miles from PWR. The member shall provide proof of new residence; and (2) the injury/illness of the member, and the member is unable to receive all of PWR services which the member has contracted. The member shall be relieved from obligation of making payment for services other than those received or obligated prior to the onset of the injury/illness (subject to the signed doctor’s note regarding the nature of the injury/illness).
AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of PWR and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes and exercise equipment in association with the Classes and Facilities.
You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the PWR staff, you would be at physical risk participating in PWR's Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish PWR with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing PWR's concerns and stating that PWR's concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless PWR, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, 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 Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of PWR's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using PWR's Classes and Facilities, and should not be participating in any Classes.
ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19
The novel coronavirus (“COVID-19”), has been declared a worldwide pandemic by the World Health Organization. PWR has put in place aggressive preventative measures to reduce the spread of COVID-19. However, the facility cannot guarantee that you or any member/employee of PWR will not become infected with COVID-19.
You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by attending PWR classes and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at PWR (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless PWR, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of PWR, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any PWR program.
You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.
You agree to be solely responsible for the safety and well-being of yourself.
You agree to comply with all rules imposed by PWR regarding the use of the facilities and equipment.
You agree to conduct yourself in a controlled and reasonable manner at all times, according to the safety and general operating protocols clearly outlined by PWR. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
CONDUCT/DAMAGES: PWR is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe PWR’ rules and regulations or who abuse equipment in any fashion will be asked to leave. PWR has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to PWR property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. PWR reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by PWR.