Terms of Service

MEMBERSHIP AGREEMENT

This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Siwicki Fitness and you the member. Siwicki Fitness is a boutique virtual fitness company offering group fitness classes. Please review this Agreement thoroughly as it is a legal contract between Siwicki Fitness and all members. By using the services offered at Siwicki Fitness, members are agreeing to the terms of this Agreement.

PURCHASES AND PAYMENT

PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Regular monthly dues apply thereafter. Monthly membership payments shall be made one month after the previous payment each month, on a month-by-month basis, via automatic debited payment (credit card, debit card, or other payment method). Additional terms regarding the automatic debited payments are outlined below. In the event of a declined credit card/debit card, the member’s account will be given three days until suspension, pending the member updating their payment information and their membership dues paid in full.

AUTO DEBIT

AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize Siwicki Fitness to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Siwicki Fitness will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your Membership Agreement and/or in connection with cancellation fees per the cancellation policy. Siwicki Fitness may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) the Siwicki Fitness booking system allows for booking through the week regardless of the billing date of your contract; (3) if you, the member, are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if members are removed from class due to the circumstances as described, it may not be possible to place the members back into the class for which they were originally booked; (5) it is your responsibility to keep a current card on file with accurate billing information. Siwicki Fitness cannot be held responsible for errors in processing due to expired or inaccurate information.

GENERAL PROGRAMS

Siwicki Fitness offers a variety of general programs for its members, providing options for upfront payments or payment plans for the entirety of the program. Members can choose to pay the full cost of the program at the outset or opt for a structured payment plan spread across the duration of the program. Failure to make timely payments may result in further actions, including the involvement of a debt collection agency.

NO REFUNDS: By agreeing to make the initial payment, whether it is an upfront cost or the first installment of a payment plan, you acknowledge and agree that there will be no refunds provided. This policy applies regardless of the reason for discontinuing the program. You are committing to the full cost of the program and are obligated to complete all payments as agreed.

AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK

By signing up for and/or attending classes, events, activities, and other programs of Siwicki Fitness 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 fitness classes and exercise equipment in association with the Classes. 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. At all times, you shall comply with all stated rules and verbal instructions given to you by staff. If in the subjective opinion of the Siwicki Fitness staff, you would be at physical risk participating in Siwicki Fitness’ Classes, you understand and agree that you may be denied access to the Classes until you furnish Siwicki Fitness with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Siwicki Fitness’ concerns and stating that Siwicki Fitness’ concerns are unfounded. In consideration of being allowed to participate in and access the Classes, 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, (2) release, indemnify, and hold harmless Siwicki Fitness, 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, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Siwicki Fitness’ Classes, (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 Siwicki Fitness’ Classes, and should not be participating in any Classes.

CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER

If you have a normal monthly subscription for Siwicki Fitness classes only and you are not doing a monthly payment plan for a program, you may cancel this Membership Agreement at any time. You must provide Siwicki Fitness written notice via electronic mail of your intent to cancel, prior to the due date of your next billing payment. Failure to provide notice will result in a charge for the full amount of your next billing payment. The cancellation will take effect the subsequent month. If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Siwicki Fitness, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and Siwicki Fitness reserves the right to pursue additional avenues or means to receive monies owed. This Membership Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of Siwicki Fitness’ services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability).

PRIVACY AND PERSONAL DATA DISCLOSURE Siwicki Fitness LLC may disclose Personal Data and other information as follows:

Third Parties that Help Provide the Messaging Service: We will not share your opt-in to an SMS short code campaign with a third party for purposes unrelated to supporting you in connection with that campaign. We may share your Personal Data with third parties that help us provide the messaging service, including, but not limited to, platform providers, phone companies, and other vendors who assist us in the delivery of text messages.

Additional Disclosures – Affiliates: We may disclose the Personal Data to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your Personal Data will be subject to this Policy.

All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

MISCELLANEOUS

CONDUCT/DAMAGES: Siwicki Fitness is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Siwicki Fitness’ rules and regulations will be asked to leave. Siwicki Fitness has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. Not all rules and regulations are listed in this agreement. Siwicki Fitness reserves the right to add, change or remove rules, conditions of membership, and all services offered by Siwicki Fitness.

PHOTO/VIDEO RELEASE: You hereby grant Siwicki Fitness, its representatives, employees, or agents the right to take photographs and video footage of you and your property while participating in Siwicki Fitness Classes and to use and publish these photos or videos in print and/or electronically. You agree that Siwicki Fitness may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.

You, the buyer, may choose to cancel this Agreement at any time prior to the next billing cycle. To cancel this Agreement, email a notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via email from an email address on file to admin@siwickifitness.com.