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TERMS, CONDITIONS AND POLICIES

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TERMS AND CONDITIONS 

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Please read these Terms & Service (“Agreement” or  “Term of Service”) carefully before using www.hypefitnessstudio.co  (“the Site) operated by Hype Fitness Studio LLC (“us”, “we”, or “our”).  This Agreement sets forth the legally binding terms and conditions for your use of the site at www.hypefitnessstudio.co

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This Terms of Service is an agreement between you and Hype Fitness Studio LLC (“us”, “we”, or “our”). This Terms of Service (collectively, the “Terms of Service” or “Agreement”) applies to your use of the website, www.hypefitnessstudio.co(the “Site”), our mobile apps, and other services that we provide, including services provided at our studios (the “Services”).

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By, as applicable, accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the mobile app(s), or contributing content or other materials to the Site or on or via the mobile app(s), you agree to be bound by the Terms of Service. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms of Service.  Please read the Terms of Service carefully and save it.  If you do not agree with it, you should leave the Site and/or mobile app and discontinue use of the Services immediately.

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ACCESSING THE SERVICES AND ACCOUNT SECURITY

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To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.

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By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Service.  By using the Services, you represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or guardian has consented to the Terms of Service and your use of the Services.

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From time to time, we may restrict access to some or all parts of the Services, including studio classes, the Site, and mobile apps.

In order to access some Services available on the Site and mobile app, you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.

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PROHIBITED USES

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You may use the Services only for lawful purposes and in accordance with the Terms of Service. You agree not to use the Services:

  • For any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation;

  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.​

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Additionally, you agree not to:

  • Use the Services for any commercial purpose;

  • Use the Services in any manner that could disable, overburden, damage, or impair the Site or mobile app or any other party’s use of the Services;

  • Use any robot, spider or another automated device, process, or means to access the Service for any purpose;

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

  • Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;

  • Otherwise, attempt to interfere with the proper working of the Service.

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CYCLING SHOE RENTAL

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Anyone renting shoes with Hype Fitness Studio is responsible in returning the immediately after their booked class. If shoes are not returned, that member will be charged a $150 fee. If cycling shoes are returned with any damages they did not have before the member last used their shoes, member will be charged with a $150 damage fee.

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All damages include

  • Tears, rips, scuffs and scratches

  • Velcro damage 

  • Bodily fluid and or suspicious smell/odor after usage

  • SPD clip damage (not able to be fixed)

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Any member whom rents the cycling shoes in our booking system including our website or personally branded application must be the one to wear said shoes during their booked class. They are not to be used by anyone other whom rented them. 

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If you see damage to a shoe that has been provided to you upon rental, please notify our scheduled staff so we are aware and you are not charged upon returning cycling rental shoes. 

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STUDIO POLICIES, RULES, AND REGULATIONS

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CANCELLATIONS:  YOU MUST CANCEL CLASS 12 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED FROM THAT CLASS. YOU WILL LOSE SAID CLASS PASS YOU BOOKED. YOU WILL BE CHARGED A $10 LATE FEE.

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This includes switching time slots under the 12-hour notice time period. You may cancel class through our online system or by calling the applicable studio directly.

 

WEEKEND CANCELLATIONS**

IF YOU CANCEL A BOOKED CLASS ON A SATURDAY OR SUNDAY OUTSIDE OF THE 12 HOUR ADVANCE WINDOW YOU WILL BE CHARGED AN ADDITIONAL $8 FEE + TAX. Weekends are our busiest classes, we kindly ask you to respect our instructors and fellow members by cancelling within the acceptable time to allow people on the waitlist to get into class.We want you to avoid a $10 late fee as well as an additional $8 fee.

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RESERVATIONS:  YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED RIDER.

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CLASSROOM DOORS ARE LOCKED AT CLASS START TIME. No exceptions, if you are locked out you are considered a no show and will lose your class pass as well as receive a no show fee.

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NO BULLYING

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We have a zero tolerance rule here at hype with bullying. If we receive any insight that there is any bullying happening you will be notified that you are no longer welcome in our space or able to use and of our booking software including our website or personally branded application. 

Examples of bullying include

  • Making jokes about someone

  • Messaging using personal devices about anyone

  • Direct and non direct verbal abuse 

  • Name & character slander

  • Physical Abuse etc.

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NO PHONES IN CLASS

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All personal devices must be put away or kept in the locker room during class times. We provide small bins by the instructors in both the Spin Lab and Floor room. 

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Personal vlogging is an acceptation if approved by management.

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REFUND POLICY

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As applicable, classes and membership packages are non-refundable.  No exceptions.

We do not offer refunds on purchases for our services, beyond your statutory rights. We strongly plead with you to be modest in your initial membership and or class purchases, and to make sure you, like us, can reach the venue, and like what we do before making extravagant purchases.

Zenergy will accept items, excluding ACCESSORIES, for exchange or account credit only. Any exchanged item must be returned in its original, unaltered condition, and all tags need to be intact, within 7 days of purchase.

All sales are final on ALL items from the receipt of the original purchase date, or order date, and no returns will be accepted. 

No returns will be accepted on DISCOUNTED or FINAL SALE items. 

HYPE reserves the right to deny a refund on any item purchased in Hype Fitness Studio studio or online.

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TERMINATION & SURVIVAL

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We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any membership that you have purchased, at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local studio directly via phone or email. We may terminate your account or membership at any time, without warning, if you breach the Terms of Service. If we terminate your account or membership because you have breached the Terms of Service, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or class packages.

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The following provisions will survive termination of this Agreement: (1) Termination; Survival; (2) Assignment; (3) Intellectual Property Rights; (4) Legal Disputes and Arbitration Agreement for Users in the United States and Canada; (5) Governing Law; (6) Indemnity; (7) Limitation of Liability.

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ENTIRE AGREEMENT & NO WAIVER

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The Terms of Service, together with our Privacy Policy, and any other legal notices published on the Site or mobile app(s), shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions, and writings regarding the Services.  If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.

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No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.

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WAIVER AND RELEASE OF LIABILITY

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IN CONSIDERATION OF the risk of injury that exists while participating in PHYSICAL FITNESS (hereinafter the "Activity"); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and

I HEREBY release and forever discharge HYPE FITNESS STUDIO, located at 1 Seneca St, Buffalo, New York 14203, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, ORFROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Hype Fitness Studio to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the Hype Fitness Studio official or agent, regarding my approval to participate in the Activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Hype Fitness StudioAND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Hype Fitness Studio FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Hype Fitness Studio, its agents, and employees.

I agree that this Release shall be governed for all purposes by New York law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.

In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement

between two parties of equal bargaining strength. Both Participant, _________________________ and

Hype Fitness Studio

agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the

purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

 

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.

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IF I AM UNDER THE AGE OF 18-

I AGREE THAT MY LEGAL GUARDIAN IS PRESENT AND HAS READ THE ENTIRE TERMS AND CONDITIONS/LIABILITY INFO STATED HERE. (PERSONS UNDER THE AGE OF 18 WILL BE REQUIRED TO HAVE AN ADULT COME IN TO THEIR FIRST VISIT TO SIGN A PHYSICAL COPY OF THIS AGREEMENT.

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