Terms and Conditions
Agreement between User and www.585fitness.com
Welcome to www.585fitness.com. The www.585fitness.com website (the "Site") is comprised of various web pages operated by 585 Fitness Inc. ("585 Fitness"). www.585fitness.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.585fitness.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
www.585fitness.com is a News and Information Site.
The 585 Fitness Website is used for providing information to both new and existing clients. The website also is used for generating new leads for potential clients. Clients have the ability to contact 585 Fitness to schedule appointments and ask questions about services
Visiting www.585fitness.com or sending emails to 585 Fitness constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
585 Fitness does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.585fitness.com only with the permission of a parent or guardian.
Clients can cancel 24 hours EXACTLY or before their scheduled session time. Any cancellations before the 24-hour cut-off can be rescheduled in the month that they were canceled. Please understand when canceling you run the risk of not having a preferred time slot when rescheduling, as well as the possibility of no availability before the end of the month. Early Cancellations do not take presidency over other clients’ scheduling. Any cancellations that are not rescheduled by the end of the month are then expired and forfeited.
Any cancellations after 24 hours from your scheduled session time (even by a minute) are considered a forfeit.
Since we live in Rochester, NY it is expected to have snowy and cold days a few months out of the year. If you choose to schedule in those months, then you are aware you will be traveling to your training sessions on many cold and snowy days. Please Plan accordingly.
This 24-hour cancellation policy is strictly enforced to allow enough time to hopefully fill the time slot you are canceling. Last-minute cancellations do not allow for sufficient time to do so, resulting in a loss of income.
Please be courteous of your trainer’s time, as well as other clients. Please arrive on time for your training sessions. If you do not arrive on time, (which can happen now and then - NOT regularly) you will finish out the remainder of the time of your session, deducting the time you were late. Classes will not wait to start if you are late and will not be extended past your scheduled time. To prevent distraction to the other clients, as well as the trainer instructing the class, any arrival past 25 minutes late is considered forfeit.
Payment for all sessions is due before officially scheduling your sessions. Once payment is received, you will be locked into the session times you have chosen. On the off chance that a session is scheduled at the last minute, payment will be expected upon arrival at the beginning of the scheduled session. If for any reason payment was not received before the scheduled session and if the client cancels less than 24 hours or no-shows the appointment for any reason, they will be billed in the amount of the session. If payment is not paid upon sign-up or at your scheduled session. A late fee of $5 dollars will be applied to the amount owed, for each day payment is late. By signing the waiver that complies with the terms and conditions, you consent to be liable to pay that bill and a late fee if applied in its entirety.
Links to Third-Party Sites/Third-Party Services
www.585fitness.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of 585 Fitness and 585 Fitness is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 585 Fitness is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 585 Fitness of the site or any association with its operators.
Certain services made available via www.585fitness.com are delivered by third-party sites and organizations. By using any product, service or functionality originating from the www.585fitness.com domain, you hereby acknowledge and consent that 585 Fitness may share such information and data with any third party with whom 585 Fitness has a contractual relationship to provide the requested product, service, or functionality on behalf of www.585fitness.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of 585 Fitness 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, found on the Site. 585 Fitness content is not for resale. Your use of the Site 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 personal use and will make no other use of the content without the express written permission of 585 Fitness 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 585 Fitness or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated, and administered by 585 Fitness from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the 585 Fitness Content accessed through www.585fitness.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless 585 Fitness, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 585 Fitness reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 585 Fitness in asserting any available defenses.
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonably. attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising because of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and 585 Fitness agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 585 FITNESS INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
585 FITNESS INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. 585 FITNESS INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 585 FITNESS INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
585 Fitness reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and 585 Fitness as a result of this agreement or use of the Site. 585 Fitness's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of 585 Fitness's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by 585 Fitness with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and 585 Fitness with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and 585 Fitness with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
585 Fitness reserves the right, in its sole discretion, to change the Terms under which www.585fitness.com is offered. The most current version of the Terms will supersede all previous versions. 585 Fitness encourages you to periodically review the Terms to stay informed of our updates.
585 Fitness welcomes your questions or comments regarding the Terms:
585 Fitness Inc.
50 Office Parkway
Pittsford, New York 14534
Effective as of March 27, 2023