MEMBERSHIP TERMS

EFT Authorization

With respect to Electronic Funds Transfers, I understand that, if I opted for the monthly payment, the monthly dues will be:
$109/month for the Sapphire Membership
$149/month for the Royal Membership
$219/month for the Gold Membership

With respect to Electronic Funds Transfers, I understand that, if I opted for yearly prepayment, the yearly due will be:
$1188 for the Sapphire Membership
$1668 for the Royal Membership
$2388 for the Gold Membership


Authorization for AQUA Studio NY to Maintain My Credit Card or Bank Account Info on File and to Charge My Credit Card or Bank Account for Additional Goods and Services ' In addition to monthly payments for membership fees and dues, I, Buyer, authorize AQUA Studio NY to keep my credit card on file and to post charges to such account for the cost of additional goods and services which I, Buyer (or the Member if different), purchase at AQUA Studio NY.

I understand this Agreement is for a twelve (12) months period after which time I may terminate my membership at any time by providing forty five (45) days' written notice in person at the club. The Additional Membership Agreement Terms set forth below are part of this Agreement and by signing below I acknowledge and agree to abide by all such Additional Membership Agreement Terms.

TERMS AND CONDITIONS

1. CANCELLATION RIGHTS; You may cancel this Agreement by providing forty five (45) days' written notice in person at the Club for any of the following reasons:
A) If upon a doctor's order, you cannot physically receive the services because of significant physical disability for a period in excess of six (6) months;
B) If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing;
C) If you move your residence more than twenty-five (25) miles from any health club operated by Seller (must provide satisfactory proof of new residence);
D) If, within the first twelve (12) months of your membership, your employment is involuntarily terminated without cause (must provide a letter from former employer confirming termination of employment and reason for termination); provided that any Member cancelling under this Section 2(d) shall be required to pay an early termination fee of $100.
E) If the services of the Club cease to be offered.
All monies, except initiation fee, paid pursuant to such contract cancelled for the reasons in this paragraph shall be refunded provided however, that the Seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided, that the Seller may demand the reasonable cost of goods and services which the Buyer consumed or wishes to retain after cancellation of the contract. In no instance shall Seller demand more than the full contract price from the Buyer. Member/Buyer shall be responsible for retaining (and presenting, if necessary) all records relating to any cancellation of this Agreement.
Member agrees that if Member received any free months as an inducement to enter into this Agreement as a result of referring new members or for any other reason (sometimes referred to as 'promotional months’), such free/promotional months shall not be considered in computing the amount of any refund to which Member shall be entitled.

2. MEMBER'S HEALTH WARRANTY; Member and/or Buyer represent that Member is in good health and has no disability, impairment, injury, disease or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of use of the Club or its facilities in any manner.

3. RULES, REGULATIONS, AND SCHEDULES; Member agrees to abide by all the membership rules, regulations and schedules of AQUA Studio NY, which may be posted at the club or issued orally, and which may be amended from time to time, at AQUA Studio NY's sole discretion.

4. ROLL-OVER; For Sapphire and Royal Memberships, all unused class will automatically roll-over 2 months.

5. BOOKING POLICY; all class reservation must be cancelled 24h in advance. Failure to cancel 24h prior will result in the following; for Sapphire and Royal Members, the class credit will be lost. For Gold Members, a $20 fee will be automatically charged on the credit card on file. No exceptions. Gold Members can only reserve one (1) class per day maximum but Member can do double classes based on availability. Member will not be able to reserve two (2) classes per day but will be able to attend the following class based on availability.

6. MEMBERSHIP FREEZE POLICY; Members may temporarily suspend their membership in accordance with the following terms:
A) You may freeze your membership twice per contractual year for a minimum of one (1) month and a maximum of two (2) consecutive months. Your Membership period will be extended in accordance with the freeze period.
B) Your freeze request must be made by filling out the online form on your member's dashboard by the 20th of the month preceding the freeze month, and clearly state the month(s) being frozen.
C) If you are medically unable to use the Club, you can request a medical freeze for up to six (6) months. You must provide a doctor's letter at the time you request a medical freeze.
D) You may not freeze your membership for any reason unless your account is in good standing. Members joining as part of a corporate program shall not be permitted to freeze their memberships.
E) All freeze requests must be made in advance. No retroactive freezes are permitted.

7. INDEPENDENT CONTRACTORS; From time to time we may make available to Members and their guests the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to Members or their guests for any period of time, and hereby disclaim all liability arising out of such services.

8. GUESTS; Member's guests are permitted in the club, but only pursuant to such rules, regulations, fees, and schedules for such guest as may then be in effect. The Club reserves the right to limit the number of times any one guest can use the Club and reserves the right, in its discretion, to prevent any guest from using a Club. All guests must sign in at the front desk prior to using any Club.

9. MEMBERSHIP RENEWAL; Membership will auto-renew unless terminated by providing forty five (45) days' written notice in person at the club.

10. UPGRADING MEMBERSHIPS; A Member may upgrade his or her membership with the prior consent of management; provided Member/Buyer will be responsible for paying an upgrade fee and for the ongoing payment of any additional monthly fees associated with such upgrade.

11. BUYER'S OBLIGATIONS; Buyer shall not be relieved of Buyer's obligations to make payments agreed to, and no deduction from any payments shall be made because of Member's failure to use the Club's facilities. Member dues are for the period of time and are no way related to actual usage of the Club.

12. PAYMENT FOR CHARGES FOR OTHER GOODS AND SERVICES; Buyer has provided AQUA Studio NY with its credit card or other financial institution information for the purpose of paying for goods and services which Buyer (or Member, if different) may purchase at AQUA Studio NY. These other charges may include fees for personal training, spa and/or fitness training sessions, retail apparel and other similar items, and food and beverage items. Buyer recognizes and agrees that AQUA Studio NY will maintain this information in its files and acknowledges AQUA Studio NY's right to charge the credit card or other account identified under the Authorizations Section of this Agreement at any time and from time to time during the term of the membership.

13. ENTIRE AGREEMENT; Except for the rules, regulations and schedules posted at the Club or issued orally by AQUA Studio NY from time to time at its discretion, all of which are incorporated into this agreement, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This contract only may be modified in writing executed by a duly authorized representative of AQUA Studio NY. Employees are not authorized to make any independent agreements with any Member/Buyer. If any provision or portion of this Agreement or the application thereof to any person or party or circumstances shall be invalid or unenforceable under applicable law, such event shall not affect, impair, or render invalid or unenforceable the remainder of this Agreement.

14. UNPAID BALANCES; Members will not be permitted to use the Club until all fees and charges are current. Buyer and/or Member is obligated to pay any collection and/or legal costs incurred by AQUA Studio NY for collection of any fees and/or charges. Annual dues must be paid by 12:00midnight on the anniversary date or Club privileges will be suspended and a new Initiation Fee will be required. AQUA Studio NY reserves the right to charge balances and overdue balances to their current account under the Electronic Funds Transfer Authorization. Further, as provided in Section 12 above and Section 19 below, AQUA Studio NY reserves the right to charge the credit card or other account identified under the Authorizations Section of this Agreement for the unpaid balance of any goods or services purchased and not paid for in another manner. If any check or credit card charge payable to AQUA Studio NY is not honored, Management will assess a $25 charge for each credit card rejected and collect the current and past-due balance in any subsequent month. To the extent that Buyer and Member are not the same person, Member shall be obligated to make all payments that Buyer fails or has failed to make (including past and future payments for use of the Club).

15. VALUABLES AND PERSONAL PROPERTY; Members are urged to avoid bringing valuables onto Club premises. AQUA Studio NY shall not be liable for the loss of, or theft of, or damage to, the personal property of Member or guests, including items left in lockers, with the coat check or elsewhere in the Club.

16. CHILDREN'S USE; Children under fifteen (15) years of age may use the Club only during a previously announced Club-sponsored activity and must be accompanied by a parent AT ALL TIMES.

17. GROUP FITNESS RULES; Allow enough time to sign in before each class. Do not enter a class late or leave early unless you give the instructor prior notice. If you are just starting Group Fitness or have a pre-existing injury or problems that prevent full participation, please discuss the situation with the Group Fitness instructor before class.

18. DRESS CODE; Proper swimwear, athletic attire and footwear are required. No street clothes, street shoes are permitted in the pool and fitness area. Management has the right to prevent the use of the pool and any equipment if the proper attire is not worn.

19. PERSONAL TRAINING and PRIVATE APPOINTMENTS; All sales of personal training and private appointments are final and non-refundable. Personal training and private appointments expire one hundred eighty (180) days from the date of purchase, unless indicated otherwise.
A) 24 HOUR CANCELLATION POLICY. Members may cancel or change the time of the session at least twenty four (24) hours prior to the Session. Member will be charged for the full cost of the Session on any late cancellations or no-show appointments.
B) PAYMENTS. Payment for Sessions is required to be made by the Member on or before the date of the Session. If payment is not otherwise made by the Member, charges for late cancellations or no show appointments for Sessions will be charged to the Member's credit card or other account which is on file with AQUA Studio NY pursuant to the Authorization Section of this Agreement. In addition, charges for Sessions which are used by a Member but not otherwise paid for will be charged to the Member's credit card or other account which is on file with AQUA Studio NY on the day on which the Session is used.
C) DISCOUNTS. AQUA Studio NY may offer discounts on Sessions to Members who purchase a group of Sessions. These discounts only apply to the number of Sessions so purchased as a group. Any further or additional Sessions will be charged at the regular rate then in effect for individual Sessions.

20. NON-AQUASTUDIO® PERSONAL TRAINERS; Use of non-AQUASTUDIO® Personal Trainers in the Club is prohibited. Members may not personal train other members.

21. PRICING; After the first twelve (12) months of membership, AQUA Studio NY reserves the right to increase the monthly or annual fee and will provide thirty (30) days' notice to the Member regarding any such change in pricing; provided that pricing for Members who joined as part of a corporate program are subject to the pricing agreement between Seller and Member's employer or corporate sponsor.

22. CORPORATE MEMBERS; If Member is part of a corporate program between AQUA Studio NY and a third party, then if there is a conflict or inconsistency between this Agreement and the terms and conditions of the letter of agreement between AQUA Studio NY and such third party, the terms and conditions of the corporate program will govern and control.

23. REVOCATION OF MEMBERSHIP; AQUA Studio NY reserves the right to revoke and cancel this membership at any time for any reason, in which case Buyer/Member will, no later than fifteen (15) days after such cancellation, receive a refund of all monies paid pursuant to this Agreement (except initiation fee), provided that Seller may retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that Seller may demand the reasonable cost of goods and services which the Buyer/Member has consumed or wishes to retain after cancellation.

24. WAIVER OF LIABILITY; Member assumes full responsibility for his or her use of the facility and releases AQUA Studio NY from any and all claims, including those caused in whole or in part, by the negligence of AQUA Studio NY and shall indemnify AQUA Studio NY, the owner of the club location the Member is utilizing, its affiliates, agents and employees against any and all liability arising out of use of the facilities.

25. COMPLIMENTARY ITEMS; Complimentary items (including, but not limited to private appointments, personal training sessions, Pilates sessions, complimentary gift cards or other promotional items) may be distributed at the discretion of AQUA Studio NY and have no cash value. Only members with an active account in good standing may redeem complimentary items in accordance with their terms and complimentary items become null and void upon termination or expiration of membership for any reason.