TERMS AND CONDITIONS
1. GENERAL TERMS AND CONDITIONS
"THE BASEMENT HOBOKEN" means <company name> number <registration number> and whose registered office is at 114 Washington St. Hoboken, New Jersey
“Member” means all the members of The Basement Hoboken who successfully booked their schedules via its scheduling facility (Acuity)
"Subscriber" means the person who subscribed to The Basement Hoboken
"Subscription" is a monthly subscription of a member, which starts when after booking and purchasing via The Basement Hoboken scheduling facility
“Programs” are the services offered by The Basement Hoboken
"Gym" means The Basement Hoboken gym at subscribers and any other The Basement Hoboken members may attend
"Gym Rules" means the terms set out in The Basement Hoboken Gym Rules.
The Basement Hoboken doesn’t have any membership fee as long as a incoming member has successfully booked and purchased program offered (see point 3, below) or subscribe to The Basement Hoboken subscriptions, he/she is considered a The Basement Hoboken member.
Program prices vary but not refundable under any circumstances and may increase at the discretion of and at any time by The Basement Hoboken.
From time-to-time, The Basement Hoboken offers promos and discounts where members or even future members can take advantage of. These offers are in limited time only and shall not apply on every purchase of programs by the members.
The Basement Hoboken offers different Programs members can choose from:
a) Health & Fitness Assessment
The Basement Hoboken gives an initial Health and Fitness Assessment to clients for them to know their health status. The Basement Hoboken personal trainers ask various questions and have the members do some physical fitness tests to help them assess the member’s current physical condition.
The initial Health and Fitness Assessment is free of charge. Should the member decide to proceed with trainings or classes, he or she should book and purchase via The Basement Hoboken booking facility.
b) Personal Training
Personal Training is where a certified and expert The Basement Hoboken Personal Trainer guides and coaches our member towards their fitness goals. Personal Trainers gives a customized workout plan and nutritional guidance based on the results of the member’s Health & Fitness assessment to be able to reach the members fitness goals fit for their schedule and lifestyle. Personal Training can be in two (2) types:
FitMe Personal Training – a one-on-one session with a Personal Trainer
Partner 2 Fit – session composed of two (2) to three (3) members and one (1) Personal Trainer
c) Fitness Class
Fitness Classes are offered to members who wants to stay fit and get expert guidance from a coach in a group set up. The Basement Hoboken offers different Fitness Classes that will suit different members’ preferences and needs.
Fitness Classes are as follows:
Vinyasa Flow – dynamic and flowing yoga class that links breath and movement through a series of creative asanas (poses) focusing on balance, strength and mindfulness.
Band Together – a safe workout with the use of resistance bands to achieve improvement in flexibility and muscle strength without using heavy weights
Urban Dance – a cardio workout class that will help learn and develop dancing skills while giving an over-all health improvement
A member can subscribe to The Basement Hoboken for a monthly subscription. These are personal training sessions a member can book and purchase via The Basement Hoboken scheduling facility and are consumable within a 30-day period and automatically renews monthly depending on the date of your subscription.
Subscription is subject to these Terms & Conditions and Gym Rules as amended from time to time.
Once subscription is done, the subscriber consents to having their photograph taken at any time whilst using the facilities, excluding changing rooms. The Basement Hoboken reserves the right to use any such photographs for press and/or promotional purposes.
Subscriptions are as follows:
4 Pack Subscription – 4 personal training sessions within the month of subscription (30 days)
8 Pack Subscription – 8 personal training sessions within the month of subscription (30 days)
12 Pack Subscription – 12 personal training sessions within the month of subscription (30 days)
The Basement Hoboken Membership is lifetime and is not bound for any cancellation. As long as member books and purchases programs The Basement Hoboken offers, member can continuously enjoy the benefits.
However, members can cancel their booked programs should they need to. Cancellation must be done via The Basement Hoboken scheduling facility at least an hour before the booked schedule.
Subscription, on the other hand, can be cancelled. Member has to inform their Personal Trainer and The Basement Hoboken Management via email 30 days prior to the effectivity date.
The Basement Hoboken Management then will process the cancellation request.
If confirmation of cancellation is not received, the member is responsible for re-submitting the cancellation request. The Basement Hoboken is not obliged to refund any fees where the Member has not request for cancellation.
Should a member be unable to use the Gym for the remainder of their program, the Member should still pay in full. It is the member’s discretion to maximize or not the program they purchased.
For more information, please contact The Basement Hoboken via email at firstname.lastname@example.org
6. GYM FACILITIES
The Basement Hoboken is open daily on the following schedule:
Mondays to Fridays (5:30am – 9:00pm)
Saturdays & Sundays (6:00am – 4:00pm)
The Basement Hoboken reserves the right to vary normal opening hours, temporarily remove the access to certain equipment, or to temporarily close certain areas of any Gym from time to time without notice for various purpose including for cleaning, decorating, repairs, refurbishment, or for special functions and holidays.
7. HEALTH AND SAFETY
If a member is found to have medical conditions during Health and Fitness Assessments, clearance from a doctor is required before starting any trainings or program with The Basement Hoboken. If no declaration has been made, member must take full responsibility for any injury or health condition sustained while using the facilities arising from their medical condition. The Basement Hoboken staff are not medically trained and are therefore not qualified to assess whether the Gym user is in appropriate physical condition to use the facilities. The Basement Hoboken advises all members to take medical advice prior to starting any program if they are in any doubt as to their ability to do so.
The Member warrants and represents upon their booking or subscription, and repeats such warranty upon each visit to the Gym, that they are in good physical condition and know of no medical or other reason why they should not engage in any form of exercise, and that such exercise would not be detrimental to their health, safety, comfort or physical condition.
8. PERSONAL TRAINERS
The Basement Hoboken Personal Trainers are employees and upon purchasing Personal Training, and subscription for this matter, the member is entering into an agreement with their respective Personal Trainer in the scope of the customized work out plan, nutritional guidance and fitness coaching.
9. LIMITATION OF LIABILITY
Nothing in these Terms & Conditions shall limit or exclude The Basement Hoboken’s liability for:
(i) death or personal injury caused by its negligence, or the negligence of its personnel or agents;
(ii) fraud or fraudulent misrepresentation; or
(iii) any other liability which cannot be limited or excluded by applicable law.
Subject to that:
(a) The Basement Hoboken shall have no liability to the Member or Visitor, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these Terms & Conditions; and
(b) The Basement Hoboken’s total liability to the Member or Visitor, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms & Conditions shall be limited to their current booked program price when any of the circumstances above happens.
10. CHANGES TO THE BASEMENT HOBOKEN TERMS & CONDITIONS
The Basement Hoboken may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will notify Members by via email. Any changes will be effective immediately.
11. THE TERMS OF YOUR CONTRACT
Members are advised to read the Terms & Conditions and Gym Rules in full before booking or subscribing.
The failure of The Basement Hoboken to enforce any of its rights at any time for any period shall not be construed as a waiver of those rights. Any failure to identify or act upon a breach of the Terms & Conditions or Gym Rules shall not be deemed to be an affirmation by The Basement Hoboken that the behavior of the Member or Visitor is acceptable.
Except where permitted by this Contract, neither The Basement Hoboken nor the Member may alter the terms of this Contract without the express agreement of the other.
12. GOVERNING LAW AND JURISDICTION
These Terms & Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims).