By signing up for the Synergy service (“Service”) or any of the services of Hashey Enterprises, Inc and/or (“Synergy Athletics”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Synergy Athletics under the Terms of Service include various fitness memberships such as personal coaching, group fitness and/or commercial gym membership. Any new features which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://synergyfitnessteam.com/terms. Synergy Athletics reserves the right to update and change the Terms of Service by posting updates and changes to the Synergy Athletics website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement before you may become a Synergy Athletics user/client/customer.
Please read the “Terms of Service” for the complete picture of your legal requirements. By using Synergy Athletics or any Synergy Athletics services, you are agreeing to these terms. Be sure to occasionally check back for updates.
TERMS AND CONDITIONS OF MEMBERSHIP:
- Insufficient funds/declined payments: Please note that you will be held responsible for credit fees if your billing account has insufficient funds or declined payments. You will be charged the credit card re processing fee of $1.50 for each occurrence.
- Synergy Athletics shall provide 30 days notice for any changes in rates.
- Semi private and private sessions require a minimum of 24 hr. notice to avoid charges for that session (except in circumstances of emergencies).
- You may put your membership on hold (a/k/a a “freeze”) for any reason for either one time period of 30 consecutive days OR two time periods of 14 consecutive days during the length of the membership. You must notify Synergy Athletics in writing, of the dates you wish to put your membership on hold. During this freeze period you will not be billed your regular monthly dues and you may not use our facilities or any of our programs or services. Following the expiration of your freeze period, you will automatically be billed your regular monthly dues. Your commitment period will be extended by the amount of time your membership is on hold.
- Synergy Athletics reserves the right to cancel all sessions due to severe weather, a national holiday, an emergency or if unforeseen scheduling issue arise. Synergy Athletics’ facilities close on Easter, Memorial Day, 4th of July, Christmas and New Year’s Day.
- Your first payment will be made on the FIRST DAY of your paying membership.
TERMS & CONDITIONS (Specific to Electronic Funds Transfer Payments only (EFT- Auto-payments monthly)
- Subsequent payments will be deducted every month thereafter, unless you cancel your membership (see cancellation policy below)
- All Auto-Payment Memberships require a valid credit card to be stored on a protected computer file.
- All Memberships are auto-renewing unless you opt out. If you opt out, you will pay the current membership rate at the time you return. You can increase your commitment length at any time.
- Cancellation Policy 7 DAYS NOTICE is REQUIRED via synergyfitnessteam.com/cancel or written letter to your location in order to cancel your membership OR downgrade your membership.
ADDITIONAL RIGHTS OF CANCELLATION: You may also cancel this Membership Agreement for any of the following reasons: (1) If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six months you have the option of (a) being relieved of the liability for payment on that portion of the Membership Agreement term for which you are disabled, or (b) be relieved of any further payment obligations under this Membership Agreement by presenting a doctors certificate certifying the disability. Synergy Athletics reserves its right to require that you be examined by another physician agreeable to you and Synergy Athletics at its expense. If you cancel due to physical disability, Synergy Athletics may keep or collect an amount equal to the fair value of the services or use of facilities you have already received; (2) If you die, your estate shall be relieved of any further obligation for payment under this Membership Agreement not then due and owing; (3) If you move your residence more than twenty-five miles away from any health club operated by Synergy Athletics; (4) if the services cease to be offered as stated in this Membership Agreement.
Waiver, Release, and Assumption of Risk
This Release of Liability Agreement (“Agreement”) is between you the client (“Client”) and Hashey Enterprises, Inc d.b.a Synergy Athletics, on behalf of itself and its related companies, affiliates and subsidiaries (collectively, “Hashey Enterprises, Inc d.b.a Synergy Athletics”). It is agreed by the parties that Client is purchasing, for the benefit of Client, a fitness program membership, from Hashey Enterprises, Inc d.b.a Synergy Athletics, according to the terms hereof and the Hashey Enterprises, Inc d.b.a Synergy Athletics Membership Agreement.
Client has volunteered to participate in a physical fitness program provided to me by Hashey Enterprises, Inc d.b.a Synergy Athletics, which may include, but may not be limited to, strength training, mobility & flexibility training, cardiovascular exercise and nutritional service programing (the “Fitness Program”).
In consideration of Hashey Enterprises, Inc d.b.a Synergy Athletics ‘s agreement to provide the Fitness Program, I agree to release Hashey Enterprises, Inc d.b.a Synergy Athletics from liability due to participation.
CLIENT ACKNOWLEDGES THAT THE FITNESS PROGRAM PURCHASED HEREUNDER INCLUDES PARTICIPATION IN STRENUOUS PHYSICAL ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, RUNNING, WEIGHT TRAINING, VARIOUS AEROBIC CONDITIONING, MACHINERY AND VARIOUS NUTRITIONAL PROGRAMS OFFERED BY Hashey Enterprises, Inc d.b.a Synergy Athletics WORKOUT. CLIENT ACKNOWLEDGES THESE PHYSICAL ACTIVITIES INVOLVE THE INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEAT EXHAUSTION, KNEE/LOWER BACK/FOOT INJURIES AND ANY OTHER ILLNESS, SORENESS, OR INJURY, HOWEVER CAUSED, OCCURRING DURING OR AFTER CLIENT’S PARTICIPATION IN THE FITNESS PROGRAM. CLIENT FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT (THIS INCLUDES NON CONVENTIONAL TRAINING EQUIPMENT SUCH AS, BUT NOT LIMITED TO TIRES, ROPES, SLEDGEHAMERS), MACHINERY, DEVICES OR FURNITURE, OVER-EXERTION, SLIP AND FALL, OR AN UNKNOWN HEALTH PROBLEM AND THAT CLIENT IS VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES AND USES ANY EQUIPMENT, MATERIALS, DEVICES, FURNITURE OR MACHINERY WITH FULL KNOWLEDGE, UNDERSTANDING AND APPRECIATION OF THE DANGERS INVOLVED. HEREBY AGREES TO EXPRESSLY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, REGARDLESS OF SEVERITY, OR DEATH.
CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY ARISING FROM PARTICIPATION IN THE FITNESS PROGRAM. CLIENT AFFIRMS THAT CLIENT IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE FITNESS PROGRAM. CLIENT ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND CLIENT AGREES THAT IT IS THE RESPONSIBILITY OF CLIENT TO SEEK COMPETENT MEDICAL ADVICE REGARDING ANY CONCERNS OR QUESTIONS CONCERNING THE ABILITY OF CLIENT TO TAKE PART IN THE FITNESS PROGRAM. BY SIGNING THIS AGREEMENT, CLIENT AFFIRMS THAT HE OR SHE IS CAPABLE OF PARTICIPATING IN THE FITNESS PROGRAM. CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITIES FOR EXCEEDING HIS OR HER PHYSICAL LIMITS.
CLIENT, ON BEHALF OF CLIENT, HIS OR HER HEIRS, ASSIGNS AND NEXT OF KIN, WAIVES ANY CLAIMS AGAINST AND RELEASES Hashey Enterprises, Inc d.b.a Synergy Athletics AND ALL AFFILIATES (AS WELL AS ANY OF THEIR RESPECTIVE OWNERS, EMPLOYEES, OR OTHER AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS) FROM ANY AND ALL LIABILITY, CLAIMS AND/OR CAUSES OF ACTION THAT CLIENT MAY HAVE FOR INJURIES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PUNITIVE DAMAGES, ARISING OUT OF PARTICIPATION IN THE FITNESS PROGRAM, INCLUDING, BUT NOT LIMITED TO THE PERSONAL TRAINING/NUTRITIONAL PROGRAMS AND ALL PHYSICAL ACTIVITIES.
CLIENT ACKNOWLEDGES THAT CLIENT HAS THOROUGHLY READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTANDS THAT IT IS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, CLIENT WAIVES ANY AND ALL RIGHTS CLIENT OR CLIENT’S SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST Hashey Enterprises, Inc d.b.a Synergy Athletics OR ANY OF ITS AFFILIATES FOR THEIR NEGLIGENCE OR THAT OF THEIR EMPLOYEES, AGENTS, OR CONTRACTORS. Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of Client, and anyone claiming by or through Client.
The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect However, Client specifically agrees all the terms and conditions are to be enforced and Client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.
This Agreement shall be governed and enforced in accordance with the laws of the State of New York In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, the parties agree that the venue for such action shall exclusively be Broome County, New York. Furthermore, in the event either party finds it necessary to commerce litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.
Media Release: I hereby grant Synergy Athletics the right to use and publish photographs which I may be included, for advertising or any other purpose and in any other manner and medium; and alter the same without restriction. I hereby release the Synergy Athletics and their legal representatives and assigns from all claims and liability relating to said photographs.
I, Client, have read, understood and completed this the terms of services. I understand that Hashey Enterprises, Inc d.b.a Synergy Athletics assumes no liability for persons who undertake physical activity.