This Agreement sets forth the legally binding terms and conditions for your use of the Site lagreeny.com. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of lagree ny Services. You are only authorized to use the lagree ny Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the lagree ny website and discontinue use of lagree ny Services immediately. If you wish to become a member, you must read these Terms of Service and indicate your acceptance during the registration process.
ACCOUNTS
In order to access some features of the website, you will have to create an lagree ny account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
MEMBER SERVICES AND POLICIES
CANCELLATIONS: As stated in your membership agreement. Megaformer classes must be cancelled 12 hours in advance, and waitlist cancellations must occur at least 2 hours in advance of the start of class. If you put yourself on the waitlist, you can be added up to 2 hours in advance so treat your waitlist as a live class. Check your email or class schedule under your account to see if you were added to the class. If you were added into the class, we assume you will be attending unless you notify us that you can’t make it at least 2 hours in advance.
RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINTUES BEFORE THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT 5 MINUTES AFTER THE START OF THE CLASS. NEW CLIENTS SHOULD BE AT CLASS 10 MINUTES PRIOR TO THE START TIME. GRIPPY SOCKS ARE REQUIRED.
MEMBERSHIP PACKAGES: Members who purchase a monthly unlimited or a two week unlimited membership package will be charged $15 if they late cancel and $25 if they no show. Monthly unlimited memberships are entitled to 1 late cancel per month but please cancel so that someone else can enjoy the class. Monthly unlimited members are entitled to bring a friend once a month. You can email the class time they would like to take, and we will confirm and send to you. The 4 or 8 class membership will lose one of their classes if they do not show up to a scheduled class and it is not cancelled 12 hours prior to the start time of the class. 30 Days written notice is required to cancel a membership.
CLASS PACKAGES: If you do not cancel your class 12 hours before your scheduled class time you will lose one of your classes.
PERSONAL BELONGINGS: You agree that lagree ny is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
FREE CLASSES: If you are attending a free class, please note that the cancellation policy and no show fees still apply. If you do not show up for class, you will be charged the full price of a Single Class.
STUDIO RULES AND REGULATIONS
All classes and membership packages are non-refundable. No exceptions.
All classes must be prepaid.
You must be physically present and checked in 5 minutes before the start of class or your spot may be released to a waitlisted client within 5 minutes of the class start time. No exceptions.
Reserved classes must be changed or cancelled at least 12 hours prior to the scheduled time, or they will be forfeited.
Membership packages are subject to a penalty fee for a late cancel or absence please see the above membership policy.
Prior to class start time the instructor should be notified of any injury or illness.
Instructors and schedule are subject to change. Please visit lagreeny.com for updates.
Please go online and click on Class Schedule & Sign Up for current schedule. To check availability in these classes, use your account to login and access our class calendar.
REFUND POLICY
Classes:
All classes and membership packages are non-refundable. No exceptions.
Memberships:
All classes and membership packages are non-refundable. No exceptions.
Retail items:
Unused merchandise will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued for up to 30 days. No returns without a receipt.
LIMITATION OF LIABILITY
lagree ny, its owners, and independent contractors (“lagree ny” or the “Company”) strongly recommend that you, the Member, consult with your physician before starting any exercise program.
You, the Member, acknowledge and represent that you are in good physical health and do not suffer from any mental or physical disability, ailment, or condition, physical or otherwise, which will in any way prevent, limit or interfere with your participation in any fitness class or training program offered by lagree ny.
You, the Member, acknowledge and represent that, by enrolling in a fitness class or training program with lagree ny, that you are voluntarily engaging in a strenuous physical activity on the Megaformer and represent that you are fully capable of such an exercise regime, are in good physical health.
You, the Member, acknowledge and understand that fitness activities, including use of the Megaformer, involve an inherent risk of injury and even death, and that in consideration of said risk of injury or possible death, you, the Member are voluntarily participating in lagreeny’s fitness class(es) or training program(s), either in person or online.
You, the member, acknowledge and understand that participation in a class at lagree ny includes possible exposure to and illness from infectious diseases including, but not limited to, MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist.
You, the Member, acknowledge and understand that you are always required to follow studio safety protocols and instructions of the Instructor.
You, the Member, understand that any and all advice provided by a lagree ny Instructor does not constitute, and is not intended to be, medical advice. Under no circumstances shall such advice be considered a substitute for that of a medical professional.
lagree ny reserves the right to refuse access to any Member, at any time, if, for any reason, in its absolute discretion, it considers that the health of the Member is of a concern, may be put at risk by the use of lagree ny facilities, or may put the health and/or safety of other lagree ny Members at risk.
lagree ny shall not be liable for any loss or damage to the property of Members, or for any illness or injury, physical or otherwise, to any Member, whether said illness, injury or loss results during the occurrence of a fitness class or training program, or in any other manner.
You, the Member represent and acknowledge that you have been made aware that, by your participation in a lagree ny fitness class or training program, either in the studio or online, there exists the possibility that certain conditions may occur during or following a fitness class or training program, including, but not limited to dizziness, lightheadedness, fainting, an increase or decrease in your blood pressure or heart rate; and you hereby agree to accept any and all risks at your own peril.
You, the Member, represent that you will not attend fitness classes at lagree ny if you are feeling sick or have been in close contact with someone who has tested positive for COVID-19 within 14 days or have travelled to an area with a high infection rate.
You, the member, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, hereby release and hold harmless lagree ny, their officers, officials, agents, employees , and/or independent contractors (“Releasees”), with respect to any and all illness, injury, disability, death, or loss or damage to person or property, whether arising from the negligence of Releasees or otherwise, to the fullest extent permitted by law.
I hereby affirm, acknowledge, and represent that I have read the foregoing disclaimer in its entirety, and agree to be fully bound thereby.
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate in fitness classes at lagree ny, the undersigned acknowledges, appreciates, and agrees that:
Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS lagree ny their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
CONTENT
The content on the lagree ny website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to lagree ny, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. lagree ny reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of lagree ny.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
“lagree ny,” logos, wordmarks, and designs are trademarks of lagree ny in the U.S. and/or other countries for which applications are pending. lagree ny’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of lagree ny.
MOBILE SERVICES
The lagree ny Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase lagree ny via your mobile phone, (ii) the ability to receive and reply to lagree ny messages, (iii) the ability to browse lagree ny from your mobile phone and (iv) the ability to access certain lagree ny features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding lagree ny and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
TERMINATION
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
Our Site may contain links to third-party sites that are not owned or controlled by lagree ny. lagree ny has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
GOVERNING LAW
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New York, USA, without giving effect to any principles of conflicts of law.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
ELIGIBILITY
Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using lagree ny Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.
TERM
These Terms of Service shall remain in full force and effect while you use the lagree ny Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local studio directly via phone or email. lagree ny may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
FEES
You acknowledge that LAGREENY charges fees for its services, and lagree ny reserves the right to change its fees from time to time in its discretion. If lagree ny terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
PASSWORD
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify lagree ny immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
ENTIRE AGREEMENT; NO WAIVER
These Terms of Service, together with our Privacy Policy, and any other legal notices published by lagree ny on the website, shall constitute the entire agreement between you and lagree ny concerning our website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and lagree ny’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. lagree ny reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the lagree ny website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
ARBITRATION
YOU AND LAGREE NY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
CONTACTING US
If you have any questions about these Terms of Service, the practices of lagree ny or its services, or your dealings with this site, please contact us at: info@lagreeny.com
These Terms of Service have been updated and effective as of October 19, 2022.
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