SPARK FITNESS BUFFALO, LLC TERMS & CONDITIONS
Last updated: 08/11/2022
CONTENTS:
MEMBERSHIP TERMS & CONDITIONS
MEMBERSHIP WAIVER
WEBSITE TERMS & CONDITIONS OF USE
MEMBERSHIP TERMS & CONDITIONS
Waiver Form
You agree to sign a waiver with Spark Fitness Buffalo, LLC.
Minimum Age
The minimum age for training with us is 16. People under the age of 18 are required to provide a certificate from a parent or legal guardian confirming approval to train with Spark Fitness Buffalo LLC.
Your Health
You warrant that you are in good physical condition, and you know of no medical or other reason why you cannot or should not do active or passive exercise. You recognize that the fitness instructor(s) is not able to provide you with medical advice with regards to your fitness, and that this information is used as a guideline to the limitations of your ability to exercise. You agree to not hold any certified trainers or directors of Spark Fitness Buffalo LLC liable for any injury that may occur during a Spark Fitness Buffalo LLC session.
Paying for Memberships
Membership fees are paid in advance either via weekly or monthly auto pay or in full, by credit card or EFT debit account. Cash is not accepted as payment for any services. For all memberships in your name, you must ensure that the payment method you choose remains valid for the length of your agreement. You agree to keep Spark Fitness Buffalo LLC updated if your credit card details change, expire or are compromised. If fee payment fails or is declined, Spark Fitness Buffalo LLC has total discretion to suspend access to all training services until any outstanding balance has been settled. Spark Fitness Buffalo LLC will make a reasonable effort to advise you on the status of the failed payments by letting you know either in person, by phone, or by writing to the email address you provided for your membership.
Membership Suspensions/Holds
Spark Fitness Buffalo LLC understands that from time to time you may not be able to train due to poor physical or mental health, vacations, rest periods, sickness, or injury. The following rules apply to suspensions:
- Unlimited monthly plans – Client receives one-week worth of pauses every three months. Any further holds incur a hold fee of $10/week. You must provide 7 days notice of the dates of any holds.
- Flex Weekly Memberships – No commitment, pause with 7 days notice (one pause per month) and cancel with 14 days notice. Pauses cannot be backdated and pro-rata suspensions are not allowed
Membership Cancellations
No refunds will be granted for memberships that are cancelled within the contract duration. If the need arises for a membership to be cancelled, you MUST provide a minimum of 30 days written notice. Upon cancellation, you will be required to pay out the difference in time served on contract with the applicable rate.
PAID IN FULL MEMBERSHIPS ARE NON-REFUNDABLE – Member acknowledges that there are NO REFUNDS for PAID IN FULL Memberships. When full payment for a membership term is made and a member wishes to cancel prior to the expiration of the term agreed to herein, no refunds will be given.
ADDITIONAL RIGHTS TO CANCELLATION: You may also cancel this contract for any of the following reasons: If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six months.
CONSUMERS RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE DATE OF PURCHASE…Notice of cancellation shall be in writing subscribed by the buyer and mailed by registered or certified United States mail to the seller at the address specified in such form. The contract forms, membership cards, shall accompany such notice and any other documents or evidence of membership previously delivered to the buyer. All moneys paid pursuant to such contract shall be refunded within 15 business days of receipt of such notice of cancellation. If the buyer has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the buyer shall also be returned within 15 days.
- No Show and/or Late Cancellation Class Fee: Spark Fitness Buffalo LLC reserves the right to enforce a $5.00 no show and/or late cancellation charge for all members. Members must cancel their booked class spot within the specified time frames (10 pm the night before for all scheduled morning classes). Any classes after 9am on the same day of the class must be cancelled within 3 hours of class start time.
- Terms & Conditions and/or studio changes: Spark Fitness Buffalo LLC may sometimes add to, change or remove terms and conditions, as well as class times, opening and closing hours, Spark Fitness Buffalo LLC services and facilities, and fees. The most up to date terms and conditions always apply.
- Fee Increases: Spark Fitness Buffalo LLC reserves the right to increase membership fees only at the end of your current membership term. Foundation membership fees will never increase.
- Image Uses: You agree to allow Spark Fitness Buffalo LLC to take studio video and/or photo to use for promotional purposes. Before/after images taken for any challenges will remain the property of the member with permission to be granted for external use by the studio.
- Membership Use: Only the named person will be allowed to train under their membership. Memberships cannot be transferred or shared under any circumstances.
- If this facility is shut down due to a pandemic closure, all memberships will be put on freeze immediately and will resume once the business reopens.
MEMBERSHIP WAIVER
In consideration of the grant of permission of Spark Fitness Buffalo LLC for me to use its facilities, participate in a Spark Fitness Buffalo LLC program and be instructed, assisted and trained by Spark Fitness Buffalo LLC, and for other good and valuable consideration I acknowledge, agree, and represent as follows:
- In the event that I pursue a claim against Releasees that is ultimately determined to have been waived by virtue of the terms set forth in this Waiver of Claims and Release of Liability, I hereby agree to indemnify Releasees for all costs, expenses and attorneys’ fees incurred in defending against said claim.
- I am in good health and do not suffer from any infirmity, disease, impairment or physical conditions that would prevent me from participating in any aspect of a Spark Fitness Buffalo LLC program, including but not limited to the use of Spark Fitness Buffalo LLC facilities, equipment, instruction and/or training, without suffering harm or injury. I understand that an examination by a medical doctor should be obtained prior to commencing a new fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. I hereby represent that I have permission and approval of my physician to participate in a Spark Fitness Buffalo LLC program, or, if I do not have such permission, that I hereby agree to assume the risk of injury and/or death which may result from such activities.
- I understand that any exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. I understand that any exercise and/or fitness activities involve a risk of injury and could cause abnormal changes in blood pressure, fainting, heart attack, stroke, other serious disability, or death, among other things, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding, and appreciation of the potential dangers involved. I knowingly and voluntarily assume all risk and responsibility for any and all injuries, including death, that I may sustain in connection with my participation in Spark Fitness Buffalo LLC, including but not limited to my use of Spark Fitness Buffalo LLC’s facilities, equipment, instruction and/or training.
- I understand that Spark Fitness Buffalo LLC is not responsible for any personal property that I may bring into the facility, and that I hereby assume full responsibility for any loss, theft or damage to any personal property which may occur at its facilities. Spark Fitness Buffalo LLC shall not be liable for any such loss, theft or damage that occurs in its facilities.
- In consideration of the foregoing, including Spark Fitness Buffalo LLC’s agreement to instruct, assist and train me, I hereby and forever release, discharge, and hold harmless Spark Fitness Buffalo LLC, its owner(s), agents, heirs, assigns, contractors, employees and representatives (collectively, “Releasees”), from any and all claims, demands, liability, damages, rights of action or causes of action, present or future, known
or unknown, arising out of or connected with my use of its facilities or equipment, my participation in a Spark Fitness Buffalo LLC Program and/or the negligence of Releasees, including any injuries, death or property damage, and further agree not to bring any such claim against Releasees. I hereby waive any protections afforded by any statute or law in any jurisdiction that is contrary to the terms set forth in this paragraph or that otherwise seeks to limit the scope of this release. - The provisions of this Waiver of Claims and Release of Liability will continue in full force and effect even after termination of the activities conducted by and at Spark Fitness Buffalo LLC facilities. If any term or provision of this Waiver of Claims and Release of Liability is held to be illegal, invalid or unenforceable in any jurisdiction, such illegality, invalidity or unenforceability shall be fully severable and shall not affect any other term or provision stated herein or render unenforceable such term or provision in any other jurisdiction, and this document will be construed and enforced as if such term or provision had never been part of the document and all remaining terms and provisions of this Waiver of Claims and Release of Liability will remain in full force and effect.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THE TERMS OF THIS WAIVER OF CLAIMS AND RELEASE OF LIABILITY, AND THAT I AM FREELY AND VOLUNTARILY WAIVING POTENTIALLY SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SPARK FITNESS BUFFALO LLC, ITS OWNER(S), AGENTS, HEIRS, ASSIGNS, CONTRACTORS, EMPLOYEES AND REPRESENTATIVES. I AGREE TO ABIDE BY AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS WAIVER OF CLAIMS AND RELEASE OF LIABILITY.
WEBSITE TERMS & CONDITIONS OF USE
Last Updated: 7/26/2022
The following Terms and Conditions of Use (“Terms”) are entered into by and between You and Spark Fitness Buffalo, LLC (“Company,” “we” or “us”).
These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your use of the website www.sparkfitnessbuffalo.com (“Website”), including all materials, resources, information, and services on the Website, whether as a guest or registered user.
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.
By accessing or using the Website you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.
PRIVACY POLICY
Your use of the Website is also subject to the Company’s Privacy Policy (www.sparkfitnessbuffalo.com/privacy). Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.
DISCLAIMER
Your use of the Website is also subject to the Company’s Disclaimer (www.sparkfitnessbuffalo.com/disclaimer). Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.
USE OF THE WEBSITE
To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website. Information provided on the Website and any resources provided on or available for download from the Website are subject to change. The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the information provided.
The Company reserves the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice. The Company will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
LAWFUL PURPOSES
You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
USE OF FREE DOWNLOADABLE CONTENT
The Company may make resources on this Website accessible to users in exchange for providing an e-mail address (“Gated Content”). The Company grants you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Gated Content in any manner.
By accessing or downloading the Gated Content, you agree that the Gated Content you may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent of the Company.
By accessing downloading the Gated Content, you further agree that you shall not create any derivative work based upon the Gated Content and you shall not offer any competing products or services based upon any information contained in the Gated Content.
MATERIAL YOU SUBMIT TO THE WEBSITE
By posting, uploading, submitting, inputting, providing, or otherwise making available any artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”), you are granting the Company, our affiliated companies, and any necessary sub-licensees a worldwide, nonexclusive, irrevocable license to use your Submission for promotional, business development, and marketing purposes including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
We claim no intellectual property rights over the Submissions you supply to the Company. You retain copyrights and any other rights you may rightfully hold in any Submissions that you submit through the Website.
You shall not upload, post, submit, input or otherwise make available on the Website any Submissions protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission.
For all Submissions submitted by you to the Website, you automatically represent or warrant that you own or otherwise control all the rights to your Submission described herein including the authority to use and distribute the Submission, and that the use or display of the Submission as contemplated in this section will not violate any laws, rules, regulations, or rights of third parties. You agree to hold the Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you arising from Submissions you submit through the Website.
You further you grant us the right to use your Submission for the purpose of improving our Website, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation for our use of your Submission. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgement of their source.
OUR INTELLECTUAL PROPERTY
The Website contains intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property. We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, and packages, belonging to the Company or to our licensors (“IP”). You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or in part, without our prior written consent. We reserve the right to immediately block your access to the Website and remove you from any service, without refund, if you are caught violating this intellectual property policy.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website (the “Content”) strictly in accordance with these Terms of Use.
As a condition of your use of the Website, you warrant to the Company that you will not use the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Content in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part.
The Content is not for resale. Your use of the Content does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected content solely for your individual use and will make no other use of the Content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
CHANGED TERMS
We may at any time amend these Terms, including our Privacy Policy and Disclaimers. The date of the last revision will be indicated by the “Last updated” date at the top of this page. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Website. We reserve the right to update any portion of our Website, including these Terms, at any time. If you continue to use our Website after we have made revisions, your continued use constitutes consent to the revised Terms, Privacy Policy and Disclaimers.
WARRANTIES
While we make every effort to ensure that the content on this Website is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the content and materials on this site beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our website and related information and services on an “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE.
ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.
IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM THE COMPANY.
AVAILABILITY
Your use of the Website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our Website or any associated resources or services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should our Website or the resources or services supplied through our Website become unavailable, interrupted or delayed for any reason.
MALICIOUS CODE
Although we endeavor to prevent the introduction of viruses or other malicious code (“malicious code”) to our Website, we do not guarantee or warrant that our Website, or any data available on the Website, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our Website does not expose your computer system to the risk of interference or damage from malicious code.
SECURITY
The security of your contact information is of utmost importance to us. However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access of this Website or any outbound hyperlinks.
THIRD PARTY RESOURCES
The Website contains links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The Company may, from time to time, provide information from a third party in the form of a guest post or interview, in written, audio, video, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Website, its content, and any product or service purchased from the Website, or your failure to maintain the confidentiality and/or security of your password or access rights to this Website and its resources. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS; SEVERABILITY
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.
ENTIRE AGREEMENT; WAIVER
These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement between you and the Company pertaining to the Website and supersedes all prior and contemporaneous agreements, representations, and understandings between us. Any waiver by us of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing by the Company.
GOVERNING LAW; JURISDICTION; MEDIATION
These Terms, including with the Privacy Policy and Disclaimers shall be construed in accordance with, and governed by, the laws of the State of New York, and the courts of New York shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to use of this site must be filed exclusively in the appropriate courts located in New York and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by us. If you do not see a usage scenario here that applies to your intended usage contact us at sparkfitnessbuffalo@gmail.com.
CONTACT INFORMATION
The owner of this website is Spark Fitness Buffalo, LLC. You may contact us by phone at (716) 301-5040, by email at sparkfitnessbuffalo@gmail.com, or by mail at Spark Fitness Buffalo, 790 Young St., Tonawanda, NY 14150.