Terms of service

I. Application of These Terms And Conditions

This website is operated by 220 Fitness LLC. These terms and conditions ("Terms") govern your relationship with 220 Fitness, including, but not limited to, your use of the 220 Fitness NYC Website www.220fitnessnyc.com (the "Website"), your purchase of 220 Fitness NYC classes, your rights to cancel your purchase of 220 Fitness NYC classes, your registration for classes, your purchase of merchandise, your communication with 220 Fitness NYC, and your use of and attendance at 220 Fitness NYC's pool.

These Terms incorporate by reference our Privacy Policy.

II. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

A. Informal Dispute Resolution

At 220 Fitness NYC, we believe every swimmer and community member matters. Our goal is to do our best to ensure that every experience with 220 Fitness NYC will exceed your expectations. If that doesn't happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at 220fitnessnyc@gmail.com. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.

B. Arbitration Agreement

By accepting the Terms, you and 220 Fitness NYC agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement ("Arbitration Agreement"). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association ("AAA"), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if 220 Fitness NYC initiates arbitration, it shall have the choice as between these two arbitration forums.

WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

C. Class Action Waiver

You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving 220 Fitness NYC or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against 220 Fitness NYC. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).

If this class action waiver ("Class Action Waiver") clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

D. Definition of Dispute

Except as described below, the term "Dispute" in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and 220 Fitness NYC regarding any aspect of your relationship with 220 Fitness NYC, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.

Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.

Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.

E. How Will the Arbitration Work?

Either you or 220 Fitness NYC may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.

If you or 220 Fitness NYC initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:

  • For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.

  • Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.

  • As set forth in the section of these Terms regarding Choice of Law, the arbitrator shall apply New York law.

    If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, 220 Fitness NYC will pay all arbitrator's costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.

F. Where Will the Arbitration Be Held?

You can bring the arbitration in either New York or in the state where you live if there is a JAMS or AAA in that state. In the event that 220 Fitness NYC initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case 220 Fitness NYC may initiate the arbitration in New York.

III. CONSUMERS' RIGHT TO CANCELLATION

You have the right to cancel your purchase of 220 Fitness NYC classes. Your right to do so may vary depending on the applicable laws of each state in which 220 Fitness NYC operates classes. In general, you may cancel your purchase of one class or a class series at any time before midnight of the fifth business day after the date of your purchase, excluding Sundays and holidays. You may cancel your purchase of a 220 Fitness NYC class within 7 days after your purchase. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to 220fitnessnyc@gmail.com.

220 Fitness NYC will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation. Riders and community members shall have the option to receive the refund either to the original method of payment or 220 Fitness NYC class credit.

IV. ADDITIONAL RIGHTS TO CANCELLATION OF PURCHASE OF CLASSES OR SERIES OF CLASSES

You or your representative may also cancel your purchase of a class or series of classes for any of the reasons listed below. To do so, you must give us written notice by e-mail to 220fitnessnyc@gmail.com.

You may cancel your contract in any of the following circumstances.

  • If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, 220 Fitness NYC will refund you the purchase price of your unused class or classes.

  • If you die, 220 Fitness NYC will refund your representative the purchase price of your unused class or classes.

  • If 220 Fitness NYC stops offering classes, you may cancel your purchase.

V. Waiver and Release

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 220 Fitness NYC 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 indoor cycling and exercise equipment in association with the Classes and use of the 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, rhabdomyolysis, and concussions; and (3) catastrophic injuries including paralysis and death.

If in the subjective opinion of the 220 Fitness NYC staff, you would be at physical risk using 220 Fitness NYC's Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish 220 Fitness NYC with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing 220 Fitness NYC's concerns and stating that 220 Fitness NYC'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, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless 220 Fitness NYC, 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 220 Fitness NYC'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 220 Fitness NYC's Classes and Facilities, and should not be participating in any Classes.

VI. Intellectual Property Rights

The trademarks and trade dress of 220 Fitness NYC are proprietary to 220 Fitness NYC and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, 220 Fitness NYC. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use.

Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of 220 Fitness NYC, is strictly prohibited.

You acknowledge that 220 Fitness NYC and/or third party content providers remain the owners of all Website materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. 220 Fitness NYC may discontinue or remove the Website or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.

VII. Not Authorized to Perform Data Mining

You are not authorized without the prior written permission of 220 Fitness NYC to use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You also may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.

VIII. Not Authorized to Use This Website for Commercial Purposes

Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of 220 Fitness NYC's material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website and/or App in connection with the sale or resale of any 220 Fitness NYC products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, 220 Fitness NYC's material may not be displayed or communicated on any other website, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, user's permission to use 220 Fitness NYC's material will automatically terminate and any copies made of 220 Fitness NYC's material must be immediately destroyed.

Any unauthorized use of 220 Fitness NYC's material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

IX. Warranty Disclaimer and Limitation of Liability

In no event will 220 Fitness NYC be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website or on any other linked/third-party website, your purchase of 220 Fitness NYC classes, your rights to cancel your purchase of 220 Fitness NYC classes, your registration for classes, your purchase of merchandise, your communication with 220 Fitness NYC, and your use of and attendance at SOUL's studios, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if 220 Fitness NYC expressly advised of the possibility of such damage.

All information, goods, services, products and experiences are provided by 220 Fitness NYC on an "as is" basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. 220 Fitness NYC provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

X. Acceptance of Terms

By using the Website, purchasing a 220 Fitness NYC class, registering for a 220 Fitness NYC class, purchasing merchandise, and/or using or attending a 220 Fitness NYC class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website, purchasing a 220 Fitness NYC class, registering for a 220 Fitness NYC class, purchasing merchandise, and/or using or attending a 220 Fitness NYC class.

Occasional changes may be made to this document to reflect changes in 220 Fitness NYC's policies. The Terms may be revised at any time by updating this posting. By using the Website, by buying 220 Fitness NYC classes, registering for classes, buying merchandise, and/or using and attending 220 Fitness NYC's classes, you agree to be bound by any such revisions. Riders and community members are encouraged to check this document periodically to stay informed of current guidelines.

XI. Contact Us

If you have any questions about these Terms you can reach us at 220fitnessnyc@gmail.com.