TERMS & CONDITIONS – SC CROSSFIT INC.
For a listing of our current locations, please click here www.scfitness.net. You can then see what classes are available in your gym of choice.
I. APPLICATION OF THESE TERMS AND CONDITIONS
These terms and conditions (“Terms”) govern your relationship with SC Fitness. (“SCfitness”, “we”, “us”, or “our”), including, but not limited to, your use of the SCfitness Website (the “Website”) your purchase of SCfitness memberships, your rights to cancel your purchase of SCfitness punch cards, your registration for classes, your purchase of merchandise, your communication with SCfitness, and your use of and attendance at SCfitness’s studios.
II. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
A. INFORMAL DISPUTE RESOLUTION
At SCfitness, we believe every workout and every athlete matters. Our goal is to do our best to ensure that every experience with SCfitness we will exceed your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at firstname.lastname@example.org
B. ARBITRATION AGREEMENT
By accepting the Terms, you and SCfitness agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if SCfitness initiates arbitration, it shall have the choice as between these two arbitration forums.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
C. CLASS ACTION WAIVER
You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving SCfitness or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against SCfitness. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If this class action waiver (“Class Action Waiver”) clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
D. DEFINITION OF DISPUTE
Except as described below, the term “Dispute” in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and SCfitness regarding any aspect of your relationship with SCfitness , whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.
Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.
Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
E. HOW WILL THE ARBITRATION WORK?
Either you or SCfitness may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
If you or SCfitness initiate arbitration, you and we have a choice of doing so before an Arbitrator in the state of NY:
- For arbitration before a judge in the state of NY,
- Which particular rules apply in arbitration will depend on how much money is at issue.
- As set forth in the section of these Terms regarding Choice of Law, the arbitrator shall apply New York law.
If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, SCfitness will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
F. WHERE WILL THE ARBITRATION BE HELD?
You can bring the arbitration in NY. In the event that SCfitness initiates an arbitration, it will only do so in the state of New York.
III. USE OF THE SITE BY MINORS
If you are under 18, you may register and use the Website only with the involvement of a parent or guardian. SCfitness does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 18. Registration of a minor must be completed in person at one of our studios with a parent or guardian.
In order to attend classes, you must first purchase a class punch card, or membership. To buy a class punch card, or membership please visit www.scfitness.net
Future membership prices are subject to change, but SCfitness will honor your punch card until the expiration date, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made in a SCfitness studio. You can reserve classes online up to 72 hours in advance.
Your credit/debit card will be charged for your order when you buy a punch card or membership. SCfitness will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that SCfitness may incur in its efforts to collect any unpaid balances from you.
V. FITNESS PROGRAM MEMBERSHIP AGREEMENT SERVICES
The service being requested is for coaching designed to progress the Client toward elite fitness. The agreement is for coaching services over a specific period of time or sessions during which the Client is eligible to partake in any and all activities in accordance with their Membership package. SCfitness. offers the following Membership options to its Clients: (1) Month-to-Month Membership, (2) Annual Membership Agreements, (3) Prepaid Membership, and (4) Session(s) Membership. All Membership types are non-transferable, non-assignable, and non-saleable. Any such attempted transfer, assignment, or sale is void and will not be honored
A. MEMBERSHIP TERM
The term of the Agreement shall commence on the date of purchase, (or otherwise selected start date noted within the Membership plan),
and shall automatically renew upon the expiration of the plan, unless otherwise cancelled in accordance with the provisions of the Agreement.
B. NCFIT MEMBERSHIP OPTIONS
3.) 12 Month Contract (Paid Monthly)
4.) 6 Month Paid In Full
5.) 12 Month Paid In Full
No refunds shall be made for services purchased, except as specifically provided in the Agreement.
C. ADDITIONAL RIGHTS TO HOLDS
Month-to-Month Membership Agreement and Annual Membership Agreements: The Client may place their Membership on hold two (2) times per calendar year up
to three (3) consecutive months each time. The hold must be 30 days in duration at minimum. Upon expiration of the term of the hold, the Client’s account will
automatically become active and payments will resume. Should the Client choose to return prior to the end of their hold period, the hold will be released and
payments will resume. The submission of a hold effectively halts the Annual Membership Agreement contract period and the contract term will resume upon the
release of the Client’s hold period. Prepaid Membership and Sessions Agreements: The Prepaid Membership and Sessions Agreements are not subject to any hold options. Account holds are not
VI. GEOGRAPHIC USE OF CLASSES
SCfitness offers different membership options so that our customers can select the options that best suit their individual needs. Before you purchase a membership, it is important that you take a minute and read the written descriptions we provide you about what the each membership option includes, any limitations on where you may use your class. We currently offer single site access memberships and an All Access membership.
VII. WAIVER AND RELEASE
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 SCfitness and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group-based functional fitness 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; and (3) catastrophic injuries including paralysis and death.
If in the subjective opinion of the SCfitness staff, you would be at physical risk using SCfitness Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish SCfitness with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing SCfitness concerns and stating that SCfitness 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 SCfitness , 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, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of SCfitness 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 SCfitnes Classes and Facilities, and should not be participating in any Classes.
VIII. LINKS/THIRD PARTY WEBSITES
SCfitness has not reviewed all the sites linked to the Website, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website may contain the SCfitness logo, please understand that it is independent from SCfitness, and that SCfitness has no control over the content of that website and/or app. Going to third party or off-site websites from the Website is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with SCfitness
IX. INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of SCfitness are proprietary to SCfitness and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, SCfitness. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of SCfitness , is strictly prohibited.
You acknowledge that SCfitness and/or third party content providers remain the owners of all Website materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. SCfitness may discontinue or remove the Website , or any portion thereof, or discontinue your right to use the Website , or any portion thereof, at any time.
X. NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of SCfitness to use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website . You also may not engage in the mass downloading of files from this Website use the computer processing power of this Website for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
XII. NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of SCfitness material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website in connection with the sale or resale of any SCfitness products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, SCfitness material may not be displayed or communicated on any other website , in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, user’s permission to use SCfitness material will automatically terminate and any copies made of SCfitness material must be immediately destroyed.
Any unauthorized use of SCfitness material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
XIII. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will SCfitness be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, or on any other linked/third-party website, your purchase of a SCfitness membership, your rights to cancel your purchase of a SCfitness membership, your registration for classes, your purchase of merchandise, your communication with SCfitness , and your use of and attendance at SCfitness gyms, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if SCfitness expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by SCfitness on an “as is” basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. SCfitness provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
XIV. CHOICE OF LAW
The Terms are governed by the laws of the State of New York, without regard to New York’s choice of law provisions. Except as provided above as to those Disputes you or SCfitness submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in New York.
XV. ACCEPTANCE OF TERMS
By using the Website, purchasing a SCfitness membership, registering for a SCfitness class, purchasing merchandise, and/or using or attending a SCfitness class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website , purchasing a SCfitness membership, registering for a SCfitness class, purchasing merchandise, and/or using or attending a Scfitness class.
Occasional changes may be made to this document to reflect changes in SCfitness policies. The Terms may be revised at any time by updating this posting. By using the Website , by buying SCfitness memberships, registering for classes, buying merchandise, and/or using and attending SCfitness studios, you agree to be bound by any such revisions. Athletes are encouraged to check this document periodically to stay informed of current guidelines.
XVI. CONTACT US
If you have any questions about these Terms you can reach us at email@example.com