Terms and conditions
General Terms and Conditions
1000 Broadway, Brooklyn NY 11221 Tel: (516) 302-6462 88 Waterbury St, Brooklyn NY 11206
In consideration of my being permitted to participate in weight lifting and any other activities offered by SSBB LLC (the Company) or any other activity provider on or about the property (Property) located at 1000 Broadway, Brooklyn, NY 11221 and 88 Waterbury St, Brooklyn, NY 11206(collectively, the Activity), I hereby agree to, intend to be bound by and understand that the Released Parties (as hereinafter defined) will rely upon, all of the following terms and conditions of this Release, Consent, and Waiver (this Release):
WAIVER AND RELEASE: I absolutely, unconditionally and forever waive, release, remise and discharge any and all actions, claims, proceedings, investigations, damages, losses, liabilities, costs and expenses of any type or nature (Claims) that I may now or hereinafter have or be entitled to assert against the Company, any owner, lessor or co-tenant at the Property, and/or all directors, officers, owners, affiliates, employees, agents, successors and assigns of the foregoing (collectively, the Released Parties), which are based on, arise out of or in any way relate to (a) my participation in the Activity, whether occurring before, during or after the Activity, including without limitation claims based on any condition existing on or about the Property or the negligent acts or omissions of any Released Party or any third party; or (b) the breach of any representation, warranty or covenant made by me herein (all of the Claims described in this paragraph are collectively, Released Claims), and I covenant not to sue any of the Released Parties for any such Released Claims; provided that a Released Party shall not be released from any Claim which has been determined by a court of competent jurisdiction to have been directly based on or arising from the gross negligence or willful misconduct of such Released Party, and the foregoing covenant not to sue shall not apply in such instance.
INDEMNITY/INSURANCE: I will indemnify, defend and hold harmless each Released Party from and against any and all Released Claims; provided that a Released Party shall not be entitled to indemnification for any Claim which has been determined by a court of competent jurisdiction to have been directly based on or arising from the gross negligence or willful misconduct of such Released Party. I am not relying on the Released Parties to have arranged for, or carry, any insurance of any kind for my benefit or the benefit of any Released Party or third party relative to my participation in the Activity and/or my obligations under this Release. I am solely responsible for obtaining, at my sole cost and expense, any life, disability, health, accident, property, or other insurance-related to my participation in the Activity and the performance of my obligations pursuant to this Release.
ASSUMPTION OF RISKS: I understand that incidental to my participation in the Activity, I may be engaging in activities that involve the risk of serious personal injury, illness, permanent disability, dismemberment, and death, and that such participation may also involve the risk of severe economic and property loss and damage. I understand that these risks may result from the actions, negligence, and failure to act of myself and others (including but not limited to other individuals in attendance at the Activity and the Released Parties) and from the condition of any property, facilities or equipment used. I also understand that there may be risks involved which are not known to me or to the Released Parties, and may not be foreseen or reasonably foreseeable by any of us at this time or at the time of the Activity. I agree to assume all of the foregoing risks, which risks may include, among other things, muscle injuries and broken bones, as well as the risk of any negligence by other participants or by the Released Parties, and the risk of injury caused by the condition of any property, facilities or equipment used during the Activity, and accept personal responsibility for any injury (including, but not limited to, personal injury, disability, dismemberment, and death), illness, damage, loss, claim, liability, or expense, of any kind or nature, that I or my property may suffer arising out of or in connection with my participation in the Activity.
PHYSICAL CONDITION/MEDICAL AUTHORIZATION: I represent and warrant to the Released Parties that I am physically fit for participation in the Activity and have the skill level required in conjunction with the Activity, and have not been advised otherwise. In the event I suffer any injury, illness or medical conditions while present on the property where the Activity is conducted, I hereby authorize and shall be financially responsible for the cost of, any emergency first aid, medication, medical treatment or surgery deemed necessary by the attending medical personnel. Notwithstanding the foregoing, I acknowledge that the Released Parties shall have no duty, obligation, or liability arising out of the provision of, or failure to provide, medical treatment.
EQUIPMENT AND FACILITIES INSPECTION: I represent, warrant and covenant to and with the Released Parties that (a) I have inspected, or will inspect, all facilities and equipment prior to my participation in the Activity, (b) I am not aware of any unsafe conditions or conduct on or about the Property; and (c) I will immediately advise a Company manager/supervisor of any unsafe condition or conduct observed and will not participate in any Activity until any such unsafe condition or conduct observed by me has been remedied.
INTERPRETATION: This Release is intended to be as broad and inclusive as permitted by law, and that if any provision of this Release is held by any court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby, and such invalid part, term or provision shall not be deemed part of this Release unless the same shall have been reformed by such court to reflect the original intent as nearly as possible in accordance with applicable law. Any ambiguities in this Release shall not be construed in favor or against any party by virtue of that party having drafted the Release.
By accepting these terms, I represent and warrant to the Released Parties that: (a) I have fully and completely read, understand, consent to and agree with all of the provisions of this Release; (b) I am 18 years of age or older; (c) all personal information furnished by me on this form is true, accurate and complete. I acknowledge that, while execution of this Release is required as a condition of my participation in the Activity, my participation in the Activity is voluntary. Further, I understand that the Released Parties are specifically relying upon the waivers, releases, covenants, representations, and warranties provided by me in this Release as a condition of allowing me to participate in the Activity.
Membership Contract (If you are purchasing a membership)
It is agreed by and between SSBB LLC (SSBB) and you, the undersigned member (Member), that you are purchasing a membership from SSBB according to the terms of this Membership Agreement. The Terms and Conditions, Club Rules, and the Monthly Recurring Credit Card Authorization Form are attached hereto and incorporated herein by reference (collectively, the Membership Agreement, Terms and Conditions, Club Rules, and Monthly Recurring Credit Card Authorization Form are referred to herein as the Agreement).
You agree to pay $129.00 dollars per calendar month (the Monthly Membership fee) due on the first of each calendar month, to SSBB beginning on the Effective Date indicated below. If this Agreement begins on an Effective Date other than the first day of a calendar month, the first payment shall be prorated based on the number of days left until the next calendar month. Membership is automatically renewed on the Expiration Date and each period thereafter on a month-to-month basis. You are under no obligation to pay for more than one calendar month at a time, nor are you under any obligation to make any future payments.
All Monthly Membership Fees are subject to applicable NYC sales tax.
SHOULD YOU (MEMBER) CHOOSE TO PAY FOR MORE THAN 1 MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIRED BY NEW YORK LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the Effective Date.
Terms and Conditions
The Monthly Membership Fee will be billed each month through the credit card you authorized. In addition to the grounds for termination as provided herein, you may terminate your Membership no earlier than 30-days by providing notice to SSBB. Any dues processed prior to your effective date of cancellation are non-refundable. Members are responsible for any back dues, late fees, and bank charges prior to cancellation.
Freezing: In regards to freezing accounts, there is a 2 Month Maximum. Anything over 2 months will fall under the cancellation policy and the 30-day notice will be required. Freezing also requires a SEVEN BUSINESS day notice before the next month (first month of freezing).
I understand there will be private events held at SSBB, and I accept that access will be limited to the facility for such events. I understand that I must plan accordingly when it comes to private event gym closures.
Default In Fee Obligation: All Monthly Membership Fees are due and payable each month. If dues become 3-days delinquent, use of SSBB facilities will be suspended. If Monthly Membership Fees become 30-days delinquent, member will automatically be terminated and, if applicable, the unpaid balance will become due and payable. Member will also be responsible for reasonable attorney fees for collection of a delinquent account.
Cancel ability and Transferability: This Membership is not negotiable, transferable, or cancelable except as otherwise provided herein.
Disclaimer Release and waiver of liability and indemnity: SSBB urges all members to obtain a physical examination from their physicians prior to exercise. You hereby acknowledge and agree that Members use of SSBBs facilities, services, equipment or premises, involves risks of injury to persons and property, including those described below and Member assumes full responsibility for such risks. In consideration of being permitted to enter any facility of SSBB for any purpose including, but not limited to, observation, use of facilities, services or equipment, or participation in any way, Member agrees to the following: Member hereby releases and holds SSBB, its members, managers, directors, officers, employees, and agents harmless from all liability to Member and Members personal representatives, assigns, heirs, and next of kin for any loss or damage and forever gives up any claim or demands therefore on account of injury to Members person property including injury leading to the death of Member, whether caused by the negligence of SSBB or otherwise to the fullest extent permitted by law while Member is in, upon or about the premises or using any SSBB facilities, services or equipment. Member also hereby agrees to indemnify SSBB from any loss, liability, damage, or cost SSBB may incur due to the presence of Member in, upon or about SSBB premises or in any way observing or using any facilities or equipment of SSBB whether caused by the negligence of Member of or otherwise. You represent (a) that Member is in good physical condition and has no disability, illness or other condition that could prevent Member from exercising without injury or impairment of health and (b) that Member has consulted a physician concerning an exercise program that will not risk injury to Member of impairment of Members health. Such risk of injury includes (but is not limited to): injuries arising from use by Member or others of exercise equipment and machines; injuries arising from participation by Member of others in supervised or unsupervised activities or programs at a club; injuries and medical disorders arising from exercising at a club such as heart attacks, strokes, heat stress, sprains, broken bones and torn muscles and ligaments among others; and accidental injuries occurring anywhere in SSBBs facilities. Member further expressly agrees that the foregoing release waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid it is agreed that the balance shall notwithstanding, continue in full force and effect. Member has read this release and waiver of liability and indemnity clause and agrees that no oral representations, statements, or inducement apart from this Agreement have been made.
Entire Agreement: Member and SSBB acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except in written form executed by both parties.
Assignment: SSBB may assign this Agreement, including Member's payment obligation herein. Any Membership may be transferred by Member to anyone over 18 years of age provided that all payments under the Agreement are current at the time of transfer. The new Member (transferee) must sign a new agreement and pay SSBB a $50.00 processing fee.
Member acknowledges that Member has read the terms and conditions set forth herein and accepts this Agreement as a legal and binding contract. Member is of legal age and capacity and is willfully entering into this Agreement.