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.
 

Privacy

Your use of www.585fitness.com is subject to 585 Fitness's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

​

Electronic Communications

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.

​

SMS Messaging Program

85 Fitness Inc. operates an SMS messaging program for clients and prospects who have explicitly opted in to receive text messages. By providing your phone number and checking the SMS consent checkbox on our website forms, you agree to receive SMS messages from 585 Fitness Inc.

​

Message types include: appointment reminders, session confirmations, lead follow-up communications, client re-engagement outreach, promotional offers, and Google review requests related to personal training services at 585 Fitness Inc.

​

Message frequency varies based on your interactions with 585 Fitness Inc. Message and data rates may apply. All messages are sent from 585 Fitness Inc. and delivered via our SMS service provider.
 

To opt out of SMS messages at any time, reply STOP to any message you receive from us. You will receive a one-time confirmation message and no further SMS messages will be sent to your number. To request assistance, reply HELP to any message.

​

585 Fitness Inc. and its SMS service providers are not liable for delayed or undelivered messages. Carriers are not liable for any delays or failures in the delivery of SMS messages. Carrier message and data rates may apply to all messages sent and received.

​

SMS opt-in consent and phone numbers are not shared with third parties for their own marketing purposes.

​

Our SMS messaging program is intended for individuals 18 years of age or older. By opting in to receive SMS messages from 585 Fitness Inc., you confirm that you are at least 18 years of age.

​

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.

​

Cancellation/Refund Policy

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 precedence 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.

​

Late Arrival

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, 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 other clients, as well as the trainer instructing the class, any arrival past 25 minutes late is considered forfeit.

​

Payment Policy

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 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 any applicable late fee 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

You are granted a non-exclusive, non-transferable, revocable license to access and use www.585fitness.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to 585 Fitness that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

​

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.

​

International Users

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.

​

Indemnification

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.

​

Arbitration

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.

​

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.

​

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. 585 FITNESS INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES 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, 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, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE.

​

Termination/Access Restriction

585 Fitness reserves the right, in its sole discretion, to terminate your access to the Site and related services at any time, without notice. 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.

​

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.

​

Contact Us

585 Fitness Inc. 50 Office Parkway Pittsford, New York 14534

Email: info@585fitness.com Phone: (585) 727-0614