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TERMS OF SERVICE

THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS THAT MAY LIMIT YOUR RIGHTS TO BRING AN ACTION IN COURT

AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY AS DETAILED BELOW. THESE TERMS ALSO CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

Welcome to anatomie! Please read these terms and conditions carefully before using our services.

 

1. Membership

1.1 By signing up for a membership at anatomie, you agree to abide by these terms and conditions.

1.2 Membership fees are due on a monthly/annual basis as outlined in your membership agreement.

1.3 Membership may be terminated by anatomie for breach of these terms or for any other reason deemed appropriate.

 

2. Freezing membership: You can also freeze your membership for up to six months for an injury. If you wish, you can also freeze a membership if you are pregnant, for the duration of your pregnancy and postpartum recovery.

 

3. 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 CLIENT AND YOU WILL NOT BE REFUNDED FOR THAT CLASS.

IF IT IS YOUR FIRST ANATOMIE CLASS, YOU MUST BE PRESENT 15 MINUTES PRIOR TO THE START OF THE CLASS.

 

4. Membership Packages: Persons who purchase ANY membership package are subjected to a penalty charge for either a late cancel or an absence/no show fee should they not cancel their reservation within the allotted 12-hour window.

 

5. Use of Facilities

5.1 Members and participants must comply with all gym rules and regulations as posted in the facility and communicated by staff.

5.2 Members and participants are responsible for properly using equipment and facilities to avoid injury to themselves or others.

5.3 anatomie reserves the right to restrict access to certain areas or equipment as necessary.

 

6. Personal Belongings

Members are responsible for their personal belongings. anatomie is not liable for any lost or stolen items. You assume all risk of loss for any of your personal belongings.

 

7. Conduct

7.1 Members and participants must conduct themselves in a respectful manner towards staff and other members.

7.2 Any behavior deemed inappropriate or disruptive by anatomie staff may result in immediate termination of membership.

 

8. Privacy Policy

8.1 anatomie respects the privacy of its members and will not share personal information with third parties without consent.

8.2 anatomie may collect personal information for the purpose of providing services and communicating with members.

 

9. ACCOUNTS AND ACCOUNT SECURITY

 In order to access some Services available on the Sites and App(s), you will have to create an account. You may only have one active Account at any given time and may not allow other people to use your Account to access or use our Services. You may not use another person’s Account. We expect you to accurately maintain and update any information about yourself that you have provided to us. 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.

We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Services and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account.

WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

 

10. Refunds, Returns, Exchanges and Cancellations

10.1 Membership packages can be canceled with a doctor’s order or a verified move out of the region, although documentation may be required in either case and we do not guarantee any such cancellation. We have the final say on whether to grant a cancellation of a membership package.

10.2 Membership cancellations must be made in accordance with the terms outlined in your membership agreement.

10.3 Membership fees are non-refundable except in cases of documented medical reasons or relocation.

 

Classes and Membership Packages: Classes and membership packages are non-refundable. We do not offer refunds on purchases for our classes and membership packages, beyond your statutory rights. We strongly urge you to be modest in your membership purchases, and to make sure you like us, can reach the venue, and like what we do before making any purchases.

 

Cancellations: YOU MUST CANCEL A CLASS 12 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT CLASS. This includes switching time slots, which must be done at least 12 hours in advance or you will be deducted the class. You may cancel class through our online system or by calling the applicable studio directly.

 

11. GENERAL POLICIES, RULES AND REGULATIONS GOVERNING OUR CLASSES

 

11.1 Non-Recording of Studio/Online Classes Agreement: You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any ANATOMIE classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of ANATOMIE. ANATOMIE instructors are not authorized to provide consent. This includes even a temporary recording/ transmission of a ANATOMIE online class via online platforms such as SnapChat, Zoom, Facebook, or Instagram.

You are, however, permitted to record and post lawful, non-offensive content related to your participation in ANATOMIE online or studio class before and/or after a class with the consent of each participant who is identified in your content.

 

11.2 Health and Safety

By agreeing to these Terms, enrolling online, and/or attending classes, events, activities, and other anatomie programs, whether online or in an anatomie facility or using anatomie equipment, and/or by using the Services, you hereby acknowledge and agree:

(a) there are certain inherent risks and dangers in the strenuous nature of the anatomie workout program;

(b) you have voluntarily chosen to participate in an intense physical exercise program;

(c) you understand that anatomie strongly recommends that you consult with a licensed physician prior to commencing any classes;

(d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to:  abnormal blood pressure, fainting, heart attack or death;

(e) no physician or general practitioner has ever informed you that you have a heart condition and/or that you should not partake in the type of physical activities inherent in our classes; anatomie is not liable for any injuries sustained while using gym facilities.

(f) you have no ailment or injury that could be aggravated or made worse by taking part in our Services; Members must ensure they are in good physical condition before using the gym facilities.

(g) you do not know of any reason why you should not, or that it would be harmful to your health to, take part in our classes or Services; and

(h) if you are pregnant, you agree that:

(i) You will inform your instructor; and

(ii) you have consulted a physician or general practitioner that has approved your use of the relevant services.

 

11.3 YOU ASSUME ALL RISK FOR YOUR HEALTH AND WELL-BEING, AND FULLY RELEASE AND HOLD HARMLESS FOR ANY RESPONSIBILITY, COST OR DAMAGES ANATOMIE AND ITS ENTITIES, ITS INSTRUCTORS, MEMBERS AND EMPLOYEES FOR ANY INJURY, HARM OR LOSS YOU MAY SUFFER, INCLUDING DEATH, AS A RESULT OF PARTICIPATION IN ANY ANATOMIE’S ACTIVITIES OR SERVICES. You must sign and agree to these Terms before you take part in our classes. If you are enrolling a minor (an individual who is not the age of majority in their jurisdiction of residence) of at least 15 years of age in our classes, the above release applies equally to said minor.

 

12. Personal Belongings:  You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.

 

13. Amendments

anatomie reserves the right to amend these terms and conditions at any time.

Members will be notified of any changes to these terms and conditions.

By signing up for a membership at anatomie, you acknowledge that you have read and agree to abide by these terms and conditions.

LIABILITY WAIVER

anatomie Liability Waiver and Release Form

I hereby acknowledge and agree to the following terms and conditions in consideration of being permitted to participate in fitness activities, classes, and/or use the facilities provided by anatomie located at anatomie 52 and 30 N Greenbush Rd, Troy, NY 12180 (hereinafter referred to as “the Studio”).

  1. Assumption of Risk: I understand and acknowledge that the activities offered by the Studio, including but not limited to fitness classes, weightlifting, cardio workouts, and the use of exercise equipment, involve inherent risks, including the risk of injury, illness, or even death. I voluntarily assume all risks associated with my participation in these activities.

  2. Health and Fitness Representation: I represent that I am in good health and physical condition and have no medical reason or impairment that might prevent me from safely participating in the Studio’s activities. I acknowledge that it is my responsibility to consult with a physician prior to beginning any exercise program.

  3. Release and Waiver of Liability: In consideration of being permitted to participate in the activities offered by the Studio, I hereby release, discharge, and hold harmless anatomie its owners, employees, agents, and representatives, from any and all claims, liabilities, damages, costs, or expenses (including attorney fees) arising out of or in connection with my participation in the Studio’s activities, whether caused by the negligence of the Studio or otherwise.

  4. Indemnification: I agree to indemnify and hold harmless anatomie, its owners, employees, agents, and representatives, from any and all claims, liabilities, damages, costs, or expenses (including attorney fees) arising out of or in connection with my breach of this Agreement or my negligent or intentional acts or omissions.

  5. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

  6. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

By signing, I acknowledge that I have read and understand this Liability Waiver and Release Form, and I voluntarily agree to its terms and conditions.

 

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT DECLARATIONS:

In consideration of my participation in personal training, all classes and the use of the exercise equipment and facility provided by the company, anatomie LLC, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, representatives, successors and assigns, that the company and its principals, members, insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death), whether known or unknown, sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities or as a result of personal training or any events or activities conducted on the premises, regardless of whether such injuries result, in whole or in part, from the negligence of the company.

ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use our equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injuries and/or damages you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by the company or otherwise, including injuries or damages arising out of the negligence of the company, whether active or passive, or any of the company’s affiliates, principals, members, employees, agents, representatives, successors and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, biking or yoga. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of the company or otherwise.

By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, principals, members and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities. I expressly agree to indemnify and hold the company harmless from and against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.

In consideration of my use of the exercise equipment and facilities provided by the company, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, representatives, successors and assigns, that the company and its insurers, employees, officers, directors, principals, members and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company.

By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, principals, members and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.

I agree to be solely responsible for safety and well being of my guest and myself.

I agree to comply with all rules imposed by the company regarding the use of the premises, the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

I understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and/or death.

I understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

I understand and agree that my use of the facilities and equipment is only to be undertaken on my own personal time, and that my use of the premises, facilities and equipment is not within the course or scope of my employment.

I understand that I am responsible for determining whether I am physically or medically able to participate in an activity on the premises before I participate in any activity. I declare that I am physically and medically able to participate in any program and the use of any equipment on the premises.

RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge the company (and the company’s members, principals, affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of the company, whether active or passive, or any of the company’s members, principals, affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from the company’s or anyone else’s negligent inspection or maintenance of the facility or premises.

You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against the company, anatomie LLC, or the trainer for trainer’s negligence, or for any defective product used while receiving training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

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