NOTICE TO CUSTOMER: You are entitled to a copy of this contract at the time you sign it. You may cancel this contract at any time before midnight of the third operating day after receiving a copy of this contract. If you choose to cancel this contract you must either: (1) Send a signed and dated written notice of cancellation by registered or certified mail, return receipt requested to: Drop Fitness, Inc., Attn: Membership Cancellation, 2 Chestnut Ridge Road, Montvale, New Jersey 07645; or (2) Personally deliver a signed and dated written notice of cancellation to Drop Fitness, Inc. If you cancel this contract within the three-day period, you are entitled to a full refund of your money. If the third operating day falls on a Sunday or a holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next operating day. Refunds must be made within 30 days of receipt of the cancellation notice to the health club. “Operating day” means any calendar day on which patrons may inspect and use the health club’s facilities and services during a period of at least eight hours, except holidays and Sundays.
-This contract is subject to cancellation at any time by written notice sent by registered or certified mail, return receipt requested to: Drop Fitness, Inc., Attn: Membership Cancellation, 2 Chestnut Ridge Road, Montvale, New Jersey 07645; or (2) Personally deliver a signed and dated written notice of cancellation to Drop Fitness, Inc., upon the Member’s death or permanent disability, if the permanent disability is fully described and confirmed to the health club by a physician. In a cancellation based on death or permanent disability, Drop Fitness shall retain the portion of the total contract price representing the services used plus reimbursement for expenses incurred in an amount not to exceed 10% of the total contract price.
-This contract is subject to cancellation at any time by written notice sent by registered or certified mail, return receipt requested to: Drop Fitness, Inc., Attn: Membership Cancellation, 2 Chestnut Ridge Road, Montvale, New Jersey 07645; or (2) Personally deliver a signed and dated written notice of cancellation to Drop Fitness, Inc., upon the Member’s change of permanent residence to a location more than 25 miles from the health club or an affiliated health club offering the same or similar services and facilities at no additional expense to the Member. In a cancellation based on change of permanent residence to a location more than 25 miles from the club or an affiliated health club, Drop Fitness shall require proof of the new permanent residence and shall retain a prorated share of the total contract price based upon the date the notice was received plus reimbursement for expenses incurred in an amount not to exceed 10% of the total contract price.
-If the club facility is closed for a period longer than 30 days through no fault of the Member, the Member is entitled to either extend the contract for a period equal to that during which the facility is closed or to receive a prorated refund of the amount paid by the Member under the contract. If the health club facility is not in existence on the date this contract is executed, you may cancel the contract if the facility is not open for business on the Billing Start Date and you may receive a full refund of any deposit or payment on this contract.
-Drop Fitness sells class and personal training packages and subscriptions. Packages must be used within one year from the purchase date or are subject to expiration. Subscriptions are month-to-month, billed on a monthly basis, and cancelable at any time; although members who purchase “studio unlimited“ class subscriptions are subject to a $12 fee for booked classes not attended. For customers who do not wish to purchase classes or personal training but want access to the cardio and free weights floor, Drop Fitness also sells a “Drop Pass” which grants the customer access to the cardio and free weights floor for one year. Drop Pass is cancelable in accord with the above terms and conditions and automatically will renew every year unless canceled at any time within the prior year by toggling the autorenewal feature of the Drop Fitness app.
-Drop Fitness maintains a bond or other security with the director of the NJ Division of Consumer Affairs.
-This contract does not obligate the Member for more than three years from the date the contract is signed by the Member. You are not obligated to renew this contract after the initial membership term, and You may cancel as set forth herein.
-Member’s failure to make use of the facilities or other privileges shall not relieve the Member of the financial obligations under this Agreement.
-If the Member is less than 18 years old, then the Agreement shall be signed by his/her adult parent or guardian as Purchaser, who shall be liable for payment of all financial and other obligations under this contract.
-Members shall obey all posted rules, regulations and policies regarding operation, management or use of the club facilities and programming. In the sole and absolute discretion of Drop Fitness, violation of the rules, regulations and policies may result in eviction from the premises and/or suspension and/or termination of membership privileges. Drop Fitness also may terminate this Agreement in its sole and absolute discretion at any time after expiration of the Initial Term by giving at least 15 days written notice before the 1st day of the next month. Member shall be responsible for damages caused by his/her careless use of equipment or facilities. Please use a towel and wipe down all equipment after use; all weights must be racked when you are finished using them; weights are not to be dropped; no loud or inappropriate behavior; solicitation without the consent of Drop Fitness is prohibited.
-At any time during the continuance of this contract, Drop Fitness shall have the right to sell, assign, transfer, and set over this contract with all its right, title, and interest therein, to any person, firm, or corporation, or other business entity, without Your consent, and the assignee thereof shall acquire all the rights granted to Drop Fitness and shall be subject to any obligations that Drop Fitness may have under this contract. You shall not assign this contract in whole or in part without the written consent of Drop Fitness. Drop Fitness’s facilities, equipment, policies, agreement terms, and services may be added, changed, subject to additional costs, rescheduled or discontinued in whole or in part from time to time, at its sole discretion, with or without notice.
-It is the policy of Drop Fitness that personal training and coaching may only be performed by employees of Drop Fitness and not by guests and/or members. Drop Fitness guests and Drop Fitness members may only spot for and encourage other Drop Fitness guests’ members while they are on Drop Fitness premises for the sole purpose of personal exercise. Drop Fitness guests and members may not enter into any agreements, with or without compensation,
-Upon entering Drop Fitness, You and Your Guests are required to check in at our front desk before using any Drop Fitness facilities, and must present their valid driver’s license, membership identification number, barcode or keytag. Drop Fitness reserves the right to remove any articles left in a locker overnight and shall not be liable for locker contents. You are urged to avoid bringing valuables into the facility. Drop Fitness, its agents, representatives, employees, members, stockholders, directors, and officers (collectively as the “Drop Fitness Parties”) shall not be liable for the loss, theft or damage to Your or Your Guests’, personal property and You agree to hold the Drop Fitness Parties harmless from any and all liability, claims, lawsuits or damages associated with the loss, theft and damage to Your personal property or that of Yours Guests. Members who are not wearing appropriate (proper) attire will be asked to leave. Drop Fitness prohibits jeans, work boots, non-rubber soled shoes, khaki pants and shorts, and swimming trunks. Behavior deemed inappropriate will be just cause for membership privileges termination with no refund
-Drop Fitness urges all Members and Guests to obtain a physical examination from their physicians prior to the use of any exercise equipment or attendance in any exercise class. In recognition of the possible dangers connected with any physical activity, You hereby knowingly and voluntarily waive any right or cause of action of any kind whatsoever arising as the result of such activity from which any liability may occur to the Drop Fitness Parties. You hereby warrant and represent that You have no disability, impairment or ailment preventing You from engaging in any form of exercise or activity that will be detrimental to Your health or safety.
-By signing this agreement, You hereby expressly consent to receive collections and other communications from or on behalf of Drop Fitness via, for example, and not limited to, telephone, mobile phone, text messaging, email, mail or any other medium as it may become available. You further expressly consent to receive autodialed and pre-recorded telemarketing calls from or on behalf of Drop Fitness at the telephone number provided in this contract, and any that You may subsequently provide, including Your mobile phone number, if applicable. You understand that consent is not a condition of purchase. This provision shall survive the termination of this contract.
-WAIVER AND RELEASE OF LIABILITY. YOU HEREBY WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS OR RIGHTS THAT YOU MAY OTHERWISE HAVE TO SUE THE DROP FITNESS PARTIES FOR ANY INJURY, INCLUDING ANY INJURY ARISING FROM THE ACTIVE OR PASSIVE NEGLIGENCE OF DROP FITNESS, ANY LOSS OF PROPERTY OR PROPERTY DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT A WAIVER AND RELEASE PROVIDED BY A SINGLE DROP FITNESS LOCATION SHALL HAVE EQUAL FORCE AND EFFECT AS A WAIVER, RELEASE AND DISCHARGE OF ANY AND ALL CLAIMS FOR INJURY, LOSS OF PROPERTY OR PROPERTY DAMAGE YOU SUSTAIN AT DROP FITNESS, OR ANY OTHER DROP FITNESS LOCATION IN THE STATE OF NEW JERSEY. You have read and fully understand this Waiver and Release of Liability. You understand that You have given up substantial rights by signing it, understand that this release cannot be modified orally, and You are fully aware of this Waiver and Release of Liability’s legal consequences as a full release of liability for Injury, loss of property and/or property damage. You acknowledge and agree to be bound by this Waiver and Release of Liability freely and voluntarily without any inducement, assurance, or guarantee being made to You by Drop Fitness and/or any person or entity on its behalf. You intend that Your signature operate as a complete and unconditional release of all liability to the greatest extent allowed by the law of the State of New Jersey.
-BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. DISPUTE. As used in this contract, “Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between You and Drop Fitness concerning this contract, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. INFORMAL NEGOTIATION OF DISPUTES. You and Drop Fitness agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless You and Drop Fitness otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which You or Drop Fitness mails a notice of the Dispute (“Notice of Dispute”) as specified below. You and Drop Fitness agree that neither will commence arbitration before the end of the time for informal negotiation. NOTICE OF DISPUTE. If You give a Notice of Dispute to Drop Fitness, You must send by certified mail to Drop Fitness Drop Fitness, Inc., Attn: Membership Cancellation, 2 Chestnut Ridge Road, Montvale, New Jersey 07645;(a) Your name, address, and contact information, (b) the facts giving rise to the Dispute, and (c) the relief You seek. BINDING ARBITRATION. You and Drop Fitness agree that in the event the any Dispute is not resolved by informal negotiation as set forth above, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by binding arbitration, conducted on a confidential basis, under the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”) strictly in accordance with the terms of this contract and the substantive law of the State of New Jersey. You and Drop Fitness understand and acknowledge that by agreeing to binding arbitration, You and Drop Fitness are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge and jury. The arbitration shall be held at a mutually agreeable location in the State of New Jersey and conducted by one arbitrator chosen from a list of attorneys who are members of the AAA’s commercial arbitration panel, are admitted to practice law in the State of New Jersey, and who has been engaged in the practice of law for a period of at least ten (10) years. If the parties cannot, within thirty (30) days, agree on the selection of the arbitrator, the arbitrator will be chosen pursuant to Rule 13 of the Commercial Arbitration Rules of the AAA. Neither party shall be precluded from seeking provisional remedies in the courts of the State of New Jersey including, but not limited to, temporary restraining orders and preliminary injunctions, to protect their rights and interests, but such shall not be sought as a means to avoid or stay arbitration. You and Drop Fitness agree to voluntarily arbitrate any Dispute in accordance with the foregoing. In any successful action by the Club to enforce this contract, the Club shall be entitled to recover its reasonable attorney’s fees and expenses incurred in such action. Any court with jurisdiction over the parties may enforce the arbitrator’s award. CLASS ACTION WAIVER. You and Drop Fitness agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither You nor Drop Fitness will seek to have any dispute heard as a class action, a representative action, a collective action, or in any proceeding in which You or Drop Fitness acts or proposes to act in a representative capacity. You and Drop Fitness further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of You, Drop Fitness, and all parties to any such arbitration or proceeding. The above provisions shall survive termination of this Agreement.