TERMS & CONDITIONS

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Introduction

Clients of 305 Fitness, Inc and visitors to www.305fitness.com are subject to the following Terms & Conditions. By vising this site and purchasing or reserving a class, you confirm you have read these terms and conditions and agree to be bound by such terms and conditions.


1. Purchasing Classes & Series of Classes
Online reservations: In order to reserve a spot in a 305 Fitness class, the client must first purchase a single class or a pack of multiple classes (a group of five or more classes purchased simultaneously) (a “series”). Clients can purchase a class or series online on www.305fitness.com via MINDBODY software for their respective city. Only after having purchased a class or series online will clients be permitted make a reservation for a 305 Fitness class. Clients may reserve a spot using the MINDBODY online scheduler.

Drop-In Policy: Clients are discouraged from dropping in to class. All reservations should be made online or via phone.

Single classes expire 30 days after the purchase date. Packages of classes expire according to the expiration listed on the purchase page. 

Clients will be immediately charged via credit/debit card when they purchase a class or series of classes online. Clients are responsible for paying this charge. Clients are liable for any fees that 305 Fitness, Inc. may incur in collecting unpaid balances, including attorney’s fees.

Prices of future classes are subject to change.


2. Refunds, Exchanges, & Transfers
Transfer of classes to other persons is prohibited. Classes are not redeemable for cash. Unauthorized reproduction, resale, or trading of classes is prohibited. Refunds will not be made. These terms include the following reasons: relocation of self or home; injury and/or health condition; failure to meet customer’s standards/satisfaction. Classes are refundable only if the event is cancelled and not rescheduled or upon request if the event is rescheduled.


3. Guest Passes & Special Promotions
Clients who bring three or more new clients to a single 305 Fitness class will be given a free class. These guests must be new clients to 305 Fitness and pay full price for a class.


4. Conditions for Minors (under 18 years old)
Clients under 18 may not participate in a 305 Fitness class without the express permission of a parent/guardian. The guardian must consent of the minor’s participation before the minor is permitted entrance to a 305 Fitness class. To complete this consent, the guardian/parent should carefully read, print, complete, and sign the minor liability and release waiver, which can be found on www.305fitness.com. This printed, completed waiver should be presented to the class instructor and/or class manager at least five minutes prior to the start of the minor’s first class.
Minors are allowed to purchase and reserve classes online but should be sure to print, sign, and bring the consent waiver to their first class. The minor liability waiver can be found on the 305fitness website under “Under 18 Consent Form” on the bottom of the homepage.


5. Cancellation Policy
305 upholds a strict cancellation policy. We require 24 hours notice for all classes in NYC and Boston and 12 hours notice in DC. Clients who cancel after the early cancellation window, will be considered a late cancel and the class will be deducted from their class series. To cancel, please call the respective studio or cancel online.


6. Wait List
If a class reaches maximum enrollment capacity, clients will not be granted access to reserve a spot in the class online, regardless if clients have previously purchased a class or class series. Clients can elect to be placed on the waitlist, and will not be charged until a spot becomes available and they are added into the class. If spots become available for a class within 24 hours of the class time (12 hours in DC), clients on the waitlist will be informed via phone or email as soon as openings arise. If a client is informed more than 24 hours in advance of the class (12 hours in DC), the client is expected to attend class. We assume that you can make class if you keep your name on the wait list. If you make other plans, please remove your name from our wait list.


7. Waiver and Release
Prior to purchasing and/or participating in a 305 Fitness, Inc. class, the client must acknowledge that he/she has read, fully understood, and agreed to the following release and waiver of liability. This can be done through electronic consent by checking the box on liability waiver and release form via the MindBody site. Clients will be required to check this box before purchasing a 305 Fitness class online. If a new client purchases a class in person, he/she will be required to fill out a waiver and release form before participating in the class. The class manager and/or instructor can provide this form if a first-time participant purchases a class in person. The terms of the waiver and release are as follows:
305 FITNESS IS AN EXERCISE PROGRAM THAT REQUIRES PHYSICAL EXERTION, WHICH MAY BE STRENUOUS AND MAY CAUSE INJURY. YOU HEREBY AGREE THAT IT IS THE CLIENT’S RESPONSIBILITY TO CONSULT WITH A PHYSICIAN REGARDING HIS/HER PARTICIPATION IN THESE DANCE FITNESS CLASSES PRIOR TO ANY PARTICIPATION. PARTICIPATION IN 305 FITNESS CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED REGARDLESS OF THE CARE TAKEN TO AVOID INJURIES. IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE IN AND ACCESS THE CLASSES PROVIDED BY 305 FITNESS, IN ADDITION TO THE PAYMENT OF ANY FEE OR CHARGE, 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, (2) WAIVE, RELEASE AND FOREVER DISCHARGE 305 FITNESS, ITS OFFICERS, AGENTS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AND ALL OTHERS FROM ANY AND ALL RESPONSIBILITY, CLAIMS, RIGHTS, CAUSES OF ACTION AND/OR LIABILITY FROM INJURIES OR DAMAGES TO YOUR PERSON OR PROPERTY RESULTING FROM YOUR PARTICIPATION IN AND USE OF THE CLASSES AND FACILITIES, AND (3) REPRESENT YOU HAVE NO MEDICAL OR PHYSICAL CONDITION WHICH WOULD PREVENT YOU FROM ATTENDING AND/OR USING ANY OF 305 FITNESS CLASSES AND FACILITIES AND/OR PUT YOU IN ANY PHYSICAL OR MEDICAL DANGER, AND HAVE NOT BEEN INSTRUCTED BY A PHYSICIAN NOT TO DO SO. 305 FITNESS HEREBY ADVISES YOU THAT INDIVIDUALS WITH ANY CHRONIC DISABILITIES OR CONDITIONS MAY BE AT RISK IN PARTICIPATING IN CLASSES, AND ARE ADVISED AGAINST DOING SO. IN ADDITION, IF IN THE OPINION OF 305 FITNESS STAFF, YOU WOULD BE AT PHYSICAL RISK PARTICIPATING IN CLASSES, YOU WILL BE DENIED ACCESS UNTIL YOU FURNISH 305 FITNESS WITH AN OPINION LETTER FROM YOUR MEDICAL DOCTOR, AT YOUR SOLE COST AND EXPENSE, SPECIFICALLY ADDRESSING 305 FITNESS’ CONCERNS, AND STATING THAT SUCH CONCERNS ARE UNFOUNDED. IF YOU DECLINE TO OBTAIN SUCH A LETTER, YOU WILL NOT BE PERMITTED TO USE THE CLASSES AND FACILITIES OF 305 FITNESS.
305 FITNESS IS IN NO WAY RESPONSIBLE FOR THE SAFEKEEPING OF PERSONAL BELONGINGS WHILE CLIENTS ATTEND CLASS.


8. Disclaimers
IN NO EVENT WILL 305 Fitness BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL INFORMATION IS PROVIDED BY 305 Fitness ON AN « AS IS » BASIS ONLY. 305 Fitness PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
Choice of Law. This Website, and your use hereof, is governed by the laws of the State of New York, without regard to New York’s choice of law provisions, and any claim arising out of your use of this Website must be brought in New York.
Revised Terms and Conditions. 305 Fitness may at any time revise these Terms and Conditions by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound.