Terms & Conditions.
NE360FITNESS, LLC (“NE360FITNESS”)
Terms & Conditions of Purchase
These Terms & Conditions of Purchase apply to everybody who purchases or uses at no cost any type of class, program, or membership (“Purchaser”).
Section 1: Fees and Payments
Purchaser’s Obligation. Purchaser shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of Purchaser’s failure to use the equipment of NE360FITNESS or any fitness video content made virtually available by NE360FITNESS through its website.
Form of Payment. All payments (including per class payments and incidentals) are payable by electronic funds transfer from the Purchaser’s credit card account or debit card account. Purchaser must authorize payments to be made through a third party administered electronic funds transfer system. Purchaser maintains full control and privacy over his or her account at all times, and the transfer of funds affects only those fees that have Purchaser’s prior authorization and when a Purchaser authorizes any additional transaction, including but not limited to single classes, class series, class packages, and retail or smoothie bar transactions either on the Studio’s website or in the Studio’s facilities, as well as charges associated with late cancellation and/or no-shows.
Returned Payment Penalty. Purchaser will automatically be charged any bank fee imposed on NE360FITNESS plus a processing fee, for any returned payment item due to closed accounts, insufficient funds or similar issue. On such occasion, NE360FITNESS retains the right to collect the current and past due balances in any subsequent month.
Disputed Charge Penalty. In the event that a Purchaser initiates a credit card dispute that is subsequently resolved in the NE360FITNESS’s favor, the Studio shall have the right to charge Purchaser up to $50 per occurrence.
Section 2: Classes
Revocation of Classes. NE360FITNESS (in its sole discretion) may revoke Purchaser’s class, class series, class credits, or membership at any time and without refund, in the event that Purchaser engages in behavior that is unsafe or objectionable to other participants or staff, or for reasons of nuisance, disturbance to other participants or staff, moral turpitude or fraud, or personal hygiene and attire.
Use Privileges. Purchaser must abide by the individual rules of NE360FITNESS. Additionally, NE360FITNESS (in its sole discretion) reserves the right to revoke or suspend Purchaser’s class, class series, class credits, or membership if Purchaser has purchased a class, class series, class package, membership and allows persons other than Purchaser to use Purchaser’s account to book and/or attend classes.
Section 3: Purchaser Risk
Medical Recommendations. Purchaser is strongly advised to consult with his or her physician or to have a physical examination before using any of NE360FITNESS’s facilities or enrolling in any of NE360FITNESS’s classes, including fitness video classes offered virtually via the NE360FITNESS website, especially if Purchaser is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to strenuous physical exertion or has any other physical limitations that could create an increased risk of injury or adverse health consequences from strenuous exercise.
Orientation. Purchaser is strongly encouraged to read through all materials provided by NE360FITNESS to access information, classes, and fitness activities provided.
Purchaser Conduct. Purchaser shall not use any NE360FITNESS facility, service or equipment in such a way as to endanger the health or safety of Purchaser or others. Purchaser shall be responsible for any property damage or personal injury caused by Purchaser and/or his or her guests. Purchaser agrees not to violate any laws while in any NE360FITNESS facility and agrees further to abide by all of the NE360FITNESS rules and regulations, as they now exist and as they may be amended from time to time in the discretion of NE360FITNESS.
Purchaser Assumption of Risk. Purchaser acknowledges that his or her participation in NE360FITNESS classes (including fitness video classes offered virtually via the website) and use of NE360FITNESS facilities necessarily involves a risk of severe, permanent physical injury (including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury, and paralysis) and death. By enrolling or participating in any NE360FITNESS classes, or otherwise using any NE360FITNESS facilities, PURCHASER WILLINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS. The Studio cannot, and does not, guarantee that any facility, class or equipment is free of risk of any and all accidents or injuries of any kind (including death).
Medical Disclaimer. Purchaser has been informed and acknowledges that NE360FITNESS makes no claims as to medical or fitness results that can or may be obtained through use of NE360FITNESS facilities, equipment or services. NE360FITNESS has neither suggested nor will suggest any medical treatment to Purchaser. Only licensed medical professionals are qualified to give medical advice.
Purchaser’s Health Warranty. By enrolling or participating in any NE360FITNESS classes, programs, memberships or otherwise using any NE360FITNESS facilities, Purchaser represents and warrants that he or she (i) is in good medical and physical condition, and that participation in the classes or use of the facilities does not pose any danger to Purchaser’s health; (ii) has no medical or physical conditions that would preclude his or her participation in any of the Studio’s classes or use of the Studio’s facilities, or otherwise create an increased risk of injury or adverse health consequences as a result of strenuous exercise; and (iii) has not been instructed or advised by any physician against participating in strenuous physical exercise or exertion, participating in any NE360FITNESS classes, or using NE360FITNESS facilities.
Purchaser Waiver, Release and Indemnity. By checking the box to signify agreement with the Terms and Conditions of Purchase and/or by attending classes or otherwise participating in NE360FITNESS activities, Purchaser, on behalf of his- or herself, and on behalf of his or her heirs and assigns, expressly agrees to forever discharge, waive and release NE360FITNESS, LLC, and each of its subsidiaries and their respective members, officers, directors, affiliates, instructors, agents, employees and/or independent contractors (the “Released Parties”) from any and all claims, demands, injuries, liabilities, actions, causes of action and from all acts of active or passive negligence on the part of the Released Parties on account of any and all injuries or damages, including but not limited to bodily injury, mental injury, death and/or property damage from any event, mishap, accident, loss, damage or injury suffered resulting from or connected with or caused by the use of NE360FITNESS classes, services and facilities (including, without limitation, any of the bikes, locker rooms, or other equipment). Purchaser further agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Released Parties from any and all claims, losses and liabilities arising from, connected to, and/or arising from his or her use of NE360FITNESS classes, services and facilities (including, without limitation, any of the bikes, locker rooms, or other equipment.) Additionally, Purchaser and his or her guests shall hold the Released Parties harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of their use of NE360FITNESS and associated activities.
Prevailing Party. In the event Purchaser commences an action against NE360FITNESS or its members, officers, affiliates, agents or employees and fails to obtain judgment or partial judgment in Purchaser’s favor, Purchaser shall be liable to NE360FITNESS for all costs and expenses associated with NE360FITNESS’s defense of the action or any claims on which Purchaser did not prevail, including, without limitation, reasonable attorneys’ fees and costs.
Costs of Collection. Purchaser agrees to pay all costs plus reasonable attorney and collection fees in connection with NE360FITNESS’s (or NE360FITNESS’s designee’s) collection of any amounts owed by Purchaser.
Loss of Property. Purchaser is urged not to bring valuables onto NE360FITNESS premises and to keep valuables with him or her at all times. NE360FITNESS shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry).
Section 4: General Provisions
Dress Code. Proper athletic attire is required. NE360FITNESS reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
Independent Contractors. From time to time, NE360FITNESS may make the services of independent contractors available to Purchaser and his or her guests. NE360FITNESS does not warrant or guarantee the quality of these services.
Special Events. NE360FITNESS may from time to time reserve the use of its facilities for special events, competitions and private functions.
Change in Operating Hours/Temporary Closing of NE360FITNESS. As a result of repair, maintenance, special occasions, or act of God, NE360FITNESS may be required to restrict the use or temporarily close its facilities or activities from time to time. Hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at the discretion of NE360FITNESS.
Children’s Use. All children under 18 years of age must be accompanied by a parent at all times when using online fitness programming, classes unless in a supervised special event with adult supervision. Children under age 13 are not permitted in any NE360FITNESS class, program, activity in-person or online via Skype, Zoom or any other video conferencing service without the express permission of NE360FITNESS management.
Section 5: Miscellaneous
Non-Discrimination. NE360FITNESS will not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry in considering applications for, or have taken other action in connection with, participation in in-person or online classes, events at NE360FITNESS.
Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.
Enforcement. If any provision of these Terms and Conditions of Purchase is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
Governing Law; Jurisdiction. This agreement shall be governed in all respects by the substantive law of the State of New Hampshire, without regard to its conflict of law principles. Purchaser hereby unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in Concord, New Hampshire for any actions, suits or proceedings arising out of or relating to this agreement.
Entire Agreement. These Terms and Conditions of Purchase and all rules and regulations of NE360FITNESS, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to the subject matter hereof. This agreement may be modified only by an instrument in writing and only by NE360FITNESS.
Agreement between user and NE360FITNESS
Welcome to the NE360FITNESS website, www.ne360fitness.com (the “Site”). The Site is comprised of various web pages operated by NE360FITNESS and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms and NE360FITNESS Privacy Policy, found below under the section labeled "Privacy Policy." This agreement sets forth the legally binding terms for your use of the site. If you do not agree with all of the provision of this agreement, do not access and/or use the Site.
Your account
To access certain features of this Site, you may have to create an account. You are responsible for maintaining the confidentiality of your account username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You are limited to only one account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that NE360FITNESS is not responsible for third party access to your account that results from theft or misappropriation of your account. You must notify NE360FITNESS immediately of any breach of security or unauthorized use of your account. NE360FITNESS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Any creation of an account by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using the Site you represent and warrant that you are at least 13 years of age and that you agree to abide by all of the Terms. Anyone between the ages of 13 and 18 may use the Site and create an account only with permission of a parent or guardian.
Links to third party sites/Third party services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of NE360FITNESS and NE360FITNESS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NE360FITNESS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NE360FITNESS of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.ne360fitness.com domain, you hereby acknowledge and consent that NE360FITNESS may share such information and data with any third party with whom NE360FITNESS has a contractual relationship to provide the requested product, service or functionality on behalf of www.ne360fitness.com users and customers.
Mobile Services
The Site may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase services via your mobile phone, (ii) the ability to browse the Site from your mobile phone and (the “Mobile Services”). Your carrier's normal messaging, data and other rates and fees will apply.
No Unlawful or Prohibited Use / Intellectual Property
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use www.ne360fitness.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to NE360FITNESS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Site, is the property of NE360FITNESS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. NE360FITNESS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of NE360FITNESS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content, and that You shall not broadcast or otherwise use any of the content for commercial purposes. We do not grant you any licenses, express or implied, to the intellectual property of NE360FITNESS or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by NE360FITNESS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the NE360FITNESS Content accessed through www.ne360fitness.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless NE360FITNESS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NE360FITNESS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NE360FITNESS in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SWERVE FITNESS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NE360FITNESS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NE360FITNESS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NE360FITNESS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SWERVE FITNESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Account Termination / Access Restriction
NE360FITNESS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Hampshire and you hereby consent to the exclusive jurisdiction and venue of courts in New Hampshire in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NE360FITNESS as a result of this agreement or use of the Site. NE360FITNESS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NE360FITNESS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NE360FITNESS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NE360FITNESS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NE360FITNESS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
NE360FITNESS reserves the right, in its sole discretion, to change the Terms under which www.ne360fitness.com is offered. The most current version of the Terms will supersede all previous versions. NE360FITNESS encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
NE360FITNESS welcomes your questions or comments regarding the Terms at info@ne360fitness.com
LAST REVISED ON: April 12, 2024