NJ Registration Number (HC 01724)
Last Updated: January 10, 2015
Membership Policies, Terms and Conditions.
Contract between You and Us
This is a contract between you and Rise Fitness LLC (RiseFit, RiseLife).
You must read and agree to these terms before using the Rise Fitness Services. If you do not agree, you may not use the Rise Fitness Services. These terms describe the limited basis on which the Rise Fitness Services are available and supersede prior agreements or arrangements.
By purchasing membership plan, by using and participating in Rise Fitness LLC (RiseFit, RiseLife) services, you agree to all following rules of conduct, terms and conditions of use.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Rise Fitness Services website. If you do not agree to any change to these terms, you must discontinue using the Rise Fitness Services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the Rise Fitness Services) if you fail to comply with any provision of these terms.
THE RISE FITNESS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
Membership Plans Offered
*The plans can be paid in full (credit card or check) or placed into one of 4 billing cycles. The billing cycles are on the 1st, 8th, 15th and 22nd days of the month. The member will be placed on the cycle date closest to the start date of membership.
The plans will renew automatically at the end of the agreed term unless we receive a written cancellation notice, see below. We can manually bill you each month for a $10 fee per transaction.
10 pack of classes. Expire in 60 days from purchase date. Click here to buy
If you have a ten pack with some classes left, you still have some options.
- You can purchase your next 10 pack before your current 10 pack expires and we will add the remaining classes to the new 10 pack.
- You can purchase extra 30 days added to your ten pack for $25 before your current 10 pack Expires. If your 10 Pack has expired you can purchase extra 30 days for $40 with in 15 days of expiration of the most recent 10 pack. Past 15 days of expiration you can purchase a new 10 pack.
- To ensure smooth transitions, purchase your next 10 pack at least 5 days prior to your existing expiration, or before you use your last class. You can purchase a new 10 pack online.
Classes, discounts, and extra services included in selected packages expire end of each 30 days of membership, are not cumulative or transferable to next month with the exception of the 10 pack as described above.
Missed classes at the end of the week (for those memberships with pre set number of weekly classes) are not transferrable or accumulating in any fashion.
You can take more classes then your plan has by paying $25 per class.
We reserve the right to change the terms of any membership.
Membership plan purchase gives you the right to come and train at Rise during the times we offer. It is up to the member to decide how much use they will get from the membership plan they choose. During the term of the membership, Rise is not responsible for classes missed. Common examples include: travel schedules (work, pleasure), injuries, sickness, being too busy, personal issues, family issues, laziness, working too many hours, and all other reasons.
By purchasing a membership, the member agrees to pay the amount due in full, either by paying upfront in lump sum or by monthly installment payments over the agreed amount of time.
Each membership plan, monthly payment plan option, private session and other services, are to be prepaid prior to service being rendered and are not refundable.
All membership plans, and services are not refundable and are not transferable.
We reserve the rights to close for certain Holidays and emergencies. Class cancellations or closures are not refundable.
We reserve the right to terminate any membership on grounds that the member is not following the RiseFit rules, not putting in the effort in class, is being unsupportive to themselves or others, member is not coachable, brings negative energy, gossiping, doesn't have a students mindset. If the relationship is not a win win scenario, we can terminate the membership without a refund.
Classes may be cancelled and trainers are subject to change without prior notice.
Membership Cancellation process:
A 30 + day notice, via Membership Cancellation Form, is required in order to end / cancel the contract at the end of the term, and when the account has been paid in full.
Services cancellation - A 24 hour cancellation/rescheduling policy for individualized services (ex private class, massage, body scan, fitness assessment and such). If you miss your appointment, cancel or change your appointment with less than 24 hour notice, you will be charged $25. If this is a part of your package that service will be forfeit for that month. This policy is in place out of respect for our trainers and our clients. Cancellations with less than 24 hours notice are difficult to fill. By giving last minute notice or no notice at all, such action prevents someone else from being able to schedule for that time slot. Please show up on time, and we agree to be prepared with a reserved spot for you and not double book the session time. We encourage you to come 10 minutes early.
Consumer’s Rights to Cancel
NOTICE TO CUSTOMER
You are entitled to a copy of this contract at the time you sign it. (By participating in Rise Fitness Programs you agree to all Rise fitness terms, and conditions). 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; or
2. Personally deliver a signed and dated written notice of cancellation to: Rise Fitness LLC, 22 Hollywood Ave Suite #2, Ho Ho Kus, NJ 07423 or to the address stated above.
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 thirty days of receipt of the cancellation 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. A bond is filed with the Director of the Division of Consumer Affairs to protect buyers of these contracts who are damaged or suffer any loss by reason of breach of contract or bankruptcy by the seller.
ADDITIONAL RIGHTS TO CANCELLATION:
You may also cancel this contract by providing reasonable proof of any of the following reasons:
– If you have a permanent disability as fully described and confirmed by a physician.
– If you die.
– If you move your residence more than twenty-five (25) miles from any health club operated by Rise Fitness LLC offering the same, or similar services and facilities at no additional expense. Proof of move required.
– If the services cease to be offered as stated in this contract.
There shall be a fee of $100 or 10% of the total contract price, whichever is less, assessed to any member who cancels his or her membership, for any of the above four reasons, before the end of the contract term. In addition, in the event that the facility is closed for a period longer than 30 days, you may either extend this contract for a period equal to that during which the facility is closed, or receive a prorated refund.
If you are canceling under the additional rights stated above, you must give Rise Fitness LLC notice as set forth above and pay the full amount of any unpaid dues or indebtedness owing at the time of cancellation.
If you cancel your agreement before your commitment period expires for reasons other than stated above, you will be charged a cancellation fee of $250.
We really appreciate our members ongoing support through their membership.
Rise members can transfer over their membership to someone, or transfer the monthly payment toward private sessions upon return to Rise.
Freeze can not be backdated, it starts from the day of the purchase and expires in 30 days or on the first day of the members return to class whichever is earlier. At the end of 30 days the original membership plan will resume, or another 30 days can be purchase for $20. The 30 days can not be broken into 15 day freeze, for example: Going on vacation for 2 weeks (14 days) I want to freeze for 15 days, how much will that cost? It will cost $20.
I am injured and I will be out for 45 days, Can I do a 30 day and 15 day? No, 45 day will be 2 x 30 day freezes costing $40. You can return earlier and as stated above your membership will resume on the day of the return or day after the 30 Day freeze is over.
Upon request, those who were injured at Rise, can have the fee waived as they recover. Effective from the date we receive the request.
Lost and Found Policy
There is a dollar ($1) charge to retrieve any items left in the lost and found at Rise Fitness. If items are not retrieved they will be donated.
By purchasing membership plan you agree to the waiver of liability terms below as well as the waiver you signed:
I (i) have no medical or physical condition or history which would prevent me from using all or any of the Clubs’ facilities, equipment and/or services and/or endanger myself or others, and (ii) have not been instructed by any physician not to use any of the Clubs’ facilities, equipment and/or services.
I have enrolled in a program of strenuous physical activity, including, but not limited to aerobic, anaerobic, weight training, stretching, calisthenics, and various aerobic conditioning machinery offered by Rise Fitness facility. I hereby affirm that I am in good physical condition and do not suffer from any disability which would prevent or limit my participation in this exercise program. In consideration of my participation in this exercise program, I, for myself, my heirs, and my assigns, hereby release Rise Fitness, from the claims, demands and causes of action arising from my participation in the exercise program. I fully understand that I may injure myself as a result of my participation in the exercise program and I hereby release Rise Fitness and staff from any liability now or in the future, including, but not limited to heart attacks, muscles strains, pulls or tears, broken bones, shin splints, heat prostration, knee / lower back / foot injuries and any other illness, soreness or injury however caused occurring during or after my participation in the exercise program.
By purchasing membership plan you agree to follow our rules of conduct, terms and conditions of use.
Rise Fitness Policies:
Rise Fitness reserves the right to add or change Rise Fitness policies from time to time. Any such addition or change to these policies will be posted on the Rise Fitness website. Participants using Rise Fitness’ facilities are required to inform themselves of new rules or rule changes.
- All participants MUST be Members or Trial Members authorized to participate by Rise Fitness.
- All participants must sign a Waiver and Release of Claims Agreement. Minors 18 years or younger must have waiver signed by a parent or legal guardian.
- Parents/Legal Guardians are responsible for the behavior of their children a Rise Fitness.
- There are progressions for every exercise. The instructor will advise participants of the different progressions of each exercise. Participants are to use their discretion to choose which progression of the exercise best suits them individually.
- Participants are not permitted to be under the influence of drugs or alcohol.
- Rise Fitness’ staff has the right to revoke member privileges either temporarily or permanently for unsafe or inappropriate behavior.
- Memberships are non-transferable and non refundable.
- Rise Fitness is not responsible for lost, damaged, or stolen property while in or on the premises, parking lots or other areas within the vicinity of Rise Fitness.
- No hard sole shoes are allowed on the padded floor. Clean workout shoes that are not worn outside are required for workouts.
- Please pick-up after yourself and help keep a clean environment for yourself and others.
- There is no smoking in Rise Fitness – and we encourage you to quit if you do smoke.
AGREEMENT (1) FOR ACKNOWLEDGEMENT OF RISK, (2) FOR WAIVER, DISCLAIMER, AND RELEASE OF LIABILITY, (3) NOT TO SUE, AND (4) FOR INDEMNITY
I, on behalf of myself (or if signing on behalf of a child or children, on behalf of such child or children) and on behalf of my (or my minor’s) heirs, personal representatives, spouse, next of kin, successors and assigns, hereby understand, acknowledge, and voluntarily agree with Rise Fitness, its shareholders, members, owners, officers, directors, employees, agents, contractors, insurers and/or landlords, and each of their respective successor and assigns (hereinafter collectively the “Rise Fitness”) as follows:
Rise Fitness is committed to conducting its activities in a safe manner and holds the safety of members in high regard. Rise Fitness continually strives to reduce such risks and insists that all participants follow safety rules and instructions that are designed to protect the participants’ safety. However, participants and parents/legal guardians of minors participating in this program must recognize that there is an inherent risk of injury when choosing to participate in strenuous fitness routines, or any sport. You are solely 100% responsible for determining if you or your minor child/ward are physically fit and/or adequately skilled for the activities offered by Rise Fitness. Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity.
ACKNOWLEDGMENT OF RISKS
Rise Fitness is intended to challenge and engage the physical, mental and emotional resources of each participant. The class is designed to help each participant to go outside of their current comfort zone in order to experience growth mentally, physically and spiritually. This is a program of strenuous, physical activity, including, but not limited to aerobic, anaerobic, weight training, stretching, calisthenics, and various aerobic conditioning machinery. Despite careful and proper preparation, instruction, medical advice, conditioning, and equipment, there is still a risk of serious injury, including death. Depending on the particular activity, there are certain risks, dangers and injuries due to overexertion, improper technique, ignoring safety precautions, failing to follow instructions, slips, trips and falls, unfamiliarity with or misuse of exercise, equipment and/or equipment failure, uneven flooring, lack of instruction, lack of paying attention by the participant, lack of physical strength, lack of coordination, lack of sense of balance, fatigue or dizziness which may diminish my/our reaction time and increase risk of accident, premises defects and other risks inherent to Rise Fitness activities. I understand that these hazards may be magnified when I fail to listen, fail to properly act, fail to stay focused, fail to pay attention and follow instructions. I take full responsibility to position myself so I can hear instructions and ask when I feel I need more direction or correction of the exercise or my form I take full responsibility to ask for help. I understand that the description of these risks is not complete and that other unknown or unanticipated risks may result in injury, illness or death.
If you are injured, you agree to tell the coach right away during the class or by the end of the class. We do not recognize claims such as "I got injured in class few days ago or longer." In our experience those who truly get hurt always let us know right away. If you don't notify us we can't possibly know. you are fully responsible to communicate what you think and feel to the proper person.
Nutritional advice disclaimer:
The ideas and suggestions on this website and by Rise Fitness (RiseFit) staff or representatives, are provided as general educational information only and should not be construed as medical advice or care.
The medical and/or nutritional information on this site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on this Web site.
This site and Rise Fitness (RiseFit) offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.
If you are in the United States and think you are having a medical or health emergency, call your healthcare professional, or 911, immediately.
WAIVER AND RELEASE OF ALL CLAIMS AND EXPRESS ASSUMPTION OF RISK
Please read this form carefully and be aware that in signing up and participating in this activity, you will be expressly assuming the risk and legal liability and waiving and releasing all claims for injuries, damages or loss which you or your minor child/ward might sustain as a result of participating in any and all activities connected with and associated with this activity.
I recognize and acknowledge that there are certain inherent risks of physical injury to participants in this activity, and I voluntarily agree to assume the full 100% risk of any and all injuries, damages or loss, regardless of severity, that my minor child/ward or I may sustain as a result of said participation. I confirm that I am (we are) physically and mentally capable of participating in the activity and/or using equipment.). I also assume full 100% responsibility for damage to or loss of my/our personal property.
I/We assume 100% responsibility for the risks of personal injury, accidents and/or illness, including, but not limited to sprains, torn muscle and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration, oxygen shortage (anoxia); head, neck and/or spinal injuries; shock, paralysis and/or death, and any related injuries.
COVENANT OF GOOD FAITH
I/We recognize that you, as provider of services will operate under a covenant of good faith and fair dealing, but that you may find it necessary to refuse or terminate, the participation of any person you judge to be incapable of meeting the rigors or requirements of participation in the activity. I accept your right to take such actions for the safety of myself and/or other participants.
I hereby authorize any medical treatment deemed necessary in the event of injury or illness while participating in the activity. I either have the appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf.
I agree that any film or photographs of me/us, as participants, become the property of Rise Fitness LLC and may be used for promotional or commercial purposes.
RELEASE AND INDEMNIFICATION
In consideration of the services or property provided, I for myself and any minor children for which I am parent, legal guardian or otherwise responsible, any heirs, personal representatives or assigns do hereby release: RISE FITNESS LLC, its principals, owner(s), shareholders, members, directors, officers, officials, agents, employees, and volunteers, and each and every land or property owner upon whose property and activity is conducted, from all liability and waive any claim for damage arising from any cause whatsoever.
I hereby agree to hold harmless, defend, and indemnify, defend and pay any judgment, court costs, investigation cost, attorney’s fees, and any other expenses incurred arising from injury or loss due to my participation in the Rise Fitness class. This applies both to claims arising from the inherent risks of the Rise Fitness class or the ordinary negligence of Rise Fitness LLC.
I understand agree that this Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the State of New Jersey and that if any provision shall be found to be unlawful, void, or any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I affirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire Agreement between me/us and Rise Fitness, LLC and cannot be modified or changed in any way by representations or statements by any agent or employee of Rise Fitness, LLC. This Agreement may only be amended by a written document duly executed by all parties.
You agree to defend, indemnify, and hold Rise Fitness LLC (RiseFit), its officers, directors, employees, agents, author(s), co-author(s), licensor's, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from use of any and/or all information obtained from this RiseFit web site or sites that may be linked to it.
Furthermore, the reader and/or executioner of the information and methods described on this site assumes all liability for attempting to perform, adhere to, purchase, or execute or consume in any manner, any and all injuries or damages that may occur as a result of use of information, advice, goods, services or other resources from the use of this web site or any parties associated with the information supplied here.
The contents of the Rise Fitness Site, such as text, graphics, images, information obtained from Rise Fitness' licensor's, and other material contained on the Rise Fitness Site ("Content") are for informational and educational purposes only. Although the content is supported by current research, Rise Fitness did not perform this research thus, the content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The content is also not intended to be a substitute for professional training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of advice.
Always seek the advice of your physician, other qualified health provider, licensed physical therapist, registered dietician, certified professional trainer, professional coach, or other qualified professional with any questions you may have regarding a medical condition, training, diet & nutrition, health & wellness, eating disorders, supplements, training tips and advice, and any or all other related issues. Never disregard professional medical, health, training, fitness or any and all related issues and advice, or delay in seeking it because of something you have read on the Rise Fitness web site!
If you think you may have a medical emergency, call your doctor or 911 immediately. Rise Fitness does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the web site. Reliance on any information provided by Rise Fitness, Rise Fitness employees, authors, co-authors, others appearing on the Site at the invitation of Rise Fitness, or other visitors to the Site is solely at your own risk.
Fitness and health, related training advice, nutritional, diet and all information presented on these pages is intended as an educational resource and is not intended as a substitute for proper medical, training, injury treatment, or other advice. Consult your physician or healthcare professional and/or a certified professional trainer before performing any of the exercises described on these pages or any exercise technique or regimen, particularly if you are pregnant or nursing, or if you are elderly or have chronic or recurring medical conditions. Discontinue any exercise that causes you pain or severe discomfort and consult a medical expert. You must not attempt to do exercises or any kind of program, diet & nutritional regimens, or any kind/type thereof relating to such issues that are featured here at any time out of the presence of a qualified medical, nutritional, fitness and strength training professional.
Neither Rise Fitness, the author(s) of the information nor the producer nor distributors of such information make any warranty of any kind in regard to the content of the information presented in any section or on the entire Rise Fitness web site.
Exercise, nutrition, and food supplements may affect you differently from another person depending upon your choices, combinations, intensity, timing, general health, and genetics, among other factors.
On this web site, Rise Fitness cannot offer you specific advice on your fitness program nor guarantee your results, as this web site is intended merely for information and educational purposes regarding a wide variety of health and fitness issues and about your fitness, nutrition, food supplement, and exercise choices. Rise Fitness makes no representation or warranty as to the accuracy of the information provided; in particular, and without limitation of the foregoing, any express or implied warranty of fitness for a particular purpose, merchantability, warranties arising by custom or usage and warranties by operation of law are expressly disclaimed.
The mention of specific products, supplements, training aids, devices, diets, nutritional products, exercise programs, and other related products, methods, or use of such does not constitute endorsement by either Rise Fitness or the author of a Question and Answer, Column, or article. Nor does any informational claims expressed by these products, training methods, aids devices, diets, programs, and related product(s), supplies, informational material and so forth that is related to the aforementioned or any and all other related issues constitute endorsement by Rise Fitness, it’s employees, or author(s) of a piece.
Rise Fitness, its employees, author(s), or contributing professional(s) is/are not responsible for first, second, third, or other parties claims about products or services mentioned on the Rise Fitness web site or damage(s) or injury(s) of any kind that may result from use of such or visiting other web sites as a result thereof.
With respect to any purchase of products or services from RIse Fitness, you agree to attempt in good faith to resolve with Rise Fitness any controversy or claim against Rise Fitness by mediation in accordance with the Center for Public Resources Model Procedure for Mediation of Business Disputes. If the matter has not been resolved within sixty days of the commencement of mediation, the controversy shall be settled by arbitration in accordance with the Center for Public Resources Rules for Non-Administered Arbitration of Business Disputes, by a sole arbitrator knowledgeable in the subject matter. The arbitration shall be governed by the United States Arbitration Act and judgment upon the award by the arbitrator may be entered by any court having jurisdiction thereof. In making his/her findings, the arbitrator will not consider punitive damages and his/her decision will be governed by the laws of the State of New Jersey, without regard to the conflict of laws provisions thereof. The place of arbitration shall be Hackensack, New Jersey. Each party shall pay its own cost and expenses."
Rise Fitness and the contributors to Rise Fitness.com are not engaged in rendering medical, legal or other professional advice, and the contents of Rise Fitness.com are not intended to take the place of such advice. Please consult a physician or other appropriate professional before using any of the information, advice, goods, services or other resources that you may find on the Rise Fitness web site.
Rise Fitness reserves the right to edit, adapt, remove, or refuse to post any material submitted for posting to the Testimonials, Articles, FAQ's, and any portion of the web site. You understand that Rise Fitness is free to use any ideas, concepts, techniques or know-how obtained in any communications you send this web site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing and selling of any products based upon such information without obligation to compensate you or anyone else.
Rise Fitness strongly cautions all users of RiseFit.com against posting any material unlawful, threatening, libelous, defamatory, obscene, pornographic or profane. Rise Fitness also strongly cautions all users against posting material that infringes upon the copyrights or trademarks or any third party, invades the privacy or infringes upon the rights of any third party, or is otherwise in violation of law. All users to this web site agree to indemnify, defend or hold harmless Rise Fitness and its officers and employees or author(s) posting information or articles on the web site against any liability for any such material.
Rise Fitness reserves all rights under copyright, trademark and other applicable law in the contents of Rise Fitness.com and the trademarks and service marks of Rise Fitness use in www.RiseFit.com.
I have read the foregoing Important Information, Acknowledgement of Risks, Waiver and Release of All Claims and Express Assumption of Risk, Covenant of Good Faith, Authorization, Release and Indemnification. I fully understand its terms. I understand that by signing this document I am waiving substantial rights, including my right to sue. I further acknowledge that I am singing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability due to ORDINARY NEGLIGENCE of Rise Fitness LLC (and other Released Parties) or the INHERENT RISKS of the activity, to the greatest extent allowed by law in the state of New Jersey. Also, I acknowledge that I have been given a copy of this document.
CHOICE OF LAW, ARBITRATION AND LIMITED REMEDIES