Terms and Conditions

I am at least 18 years of age, or I am the parent/legal guardian of a person under the age of 18 that wishes to enter into this agreement, either on my behalf or on behalf of my minor child, with FSY Fitness, its subsidiaries and affiliates (""""FSY Fitness"""") to obtain an FSY Fitness membership. (A minor child is considered 15-17 years of age. No one under the age of 15 is allowed in the studio without a parent or legal guardian or be allowed to enter into this agreement) I understand that this membership will not be effective until this Membership Agreement has been fully executed and all its terms have been complied with. No person may use FSY Fitness until signing a Member Usage Agreement. Any aspect of this membership may be amended and the rights in and to this membership may be assigned by FSY Fitness without notice. By providing an email address, I expressly consent to receiving both membership related and commercial email messages regarding various FSY products and services.

 

By signing this contract, enrolling online, and/or attending classes, events, activities, and other programs of FSY Fitness (FSY) whether online or in a FSY Fitness facility or using FSY Fitness equipment, you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns (collectively “you” and/or “yourself”), that (a) there are certain inherent risks and dangers in the strenuous nature of the FSY Fitness workout program (b) you have voluntarily chosen to participate in an intense physical exercise program, (c) FSY Fitness strongly recommends that you consult with your physician prior to commencing any classes; (d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death; and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages FSY Fitness, its instructors, members and employees for any injury, harm or loss you may suffer, including death, as a result of participation in any FSY Fitness activities.

 

If you are enrolling a minor (15-18) years of age, or older if applicable in the minor’s state of residence), the above release applies equally to said minor. No one under 15 years of age may participate. A minor 15-18 years of age may participate only with a parent or legal guardian present.

 

 

MEMBER’S HEALTH WARRANTY.The member warrants and represents that the member or any family member or guest entitled to use the facilities of FSY Fitness under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate. The Member acknowledges and agrees that:

1. FSY Fitness will rely on the foregoing warranty in issuing the Membership
2. FSY Fitness shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition
3. If any fitness assessment or similar testing is performed by the FSY Fitness it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes
4. FSY Fitness shall not be subject to any claim, demand, or injury whatsoever on account of the FSY Fitness evaluation or interpretation of such fitness assessment or similar testing
5. FSY Fitness shall not be liable for any injury arising out of the member’s disability, impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate.

Each member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing. Member represents that he/she will not use the Studio when any open cuts, abrasions, open sores, infections, maladies or any other condition that would have the potential of harm to others, or otherwise in accordance with local health requirements.

 

Special Limitation of Liability During the Coronavirus/COVID 19 Pandemic:
FSY Fitness takes the coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, FSY Fitness cannot guarantee that you, your family, or your guests will not become infected with COVID-19. It is possible that attending classes, events and activities at FSY Fitness may place you in close physical contact with other members, attendees and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 at FSY Fitness and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand the risk of becoming exposed to or infected by COVID-19 at FSY Fitness may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, FSY Fitness employees, members, and attendees.

 

Liability Waiver and Release: Member shall be liable for any property damage and/or personal injury caused by the Member, Member’s Family, Guest or any other person at FSY Fitness or at any function operated, arranged or sponsored by FSY Fitness. It shall be the obligation of the member to pay for any costs involved upon presentation of a statement thereof. Any and all use of FSY Fitness, or participation in, FSY Fitness, activities operated, arranged or sponsored by FSY Fitness either on or off of FSY Fitness premises by the Member, Member’s Family or Guest (s) shall be at such person’s own 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 FSY Fitness, 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, and concussions
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 FSY Fitness staff, you would be at physical risk using FSY's Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish FSY Fitness with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing FSY's concerns and stating that FSY'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 FSY Fitness, 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
3. Represent that you (a) have no medical or physical condition that would prevent you from properly using any of FSY'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 FSY's Classes and Facilities, and should not be participating in any Classes.