Waiver of Liability
In consideration of my use of the exercise equipment and facilities provided by Fenom Fitness LLC, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the company and its insurers, employees, officers, directors, 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 Fenom Fitness LLC. 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 Fenom Fitness LLC, its insurers, employees, officers, directors, 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 Fenom Fitness LLC harmless 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.
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 Fenom Fitness LLC regarding the use of 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 death.
I understand and agree that Fenom Fitness LLC 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 facilities and equipment is not within the course or scope of employment.
Registration: Registrations may be completed online or via phone. Registration requests via email may only be accepted if accompanied with all credit card information, proper authorization, and a contact phone number. Payment must be received at the time of registration to guarantee a space in the class or program. Reservations without payment do not guarantee participation, and space may be allocated to participants on a waitlist. Registration is based on "first come first served" availability.
Minimum Enrollment: There is a minimum of six (6) participants required to start a Youth Program. We reserve the right to cancel a program in which enrollment is below the minimum number of participants. We will provide a full refund in such event.
Attire: For the comfort and safety of our clients, all program participants must wear comfortable clothes and sneakers at all times.
Make-Up Classes: There will be no make-up classes for missed Mash-Up, Sports Series, or Customized Classes unless canceled by Fenom. Fenom will notify clients of canceled classes by phone, email, on our website or via social media.
Refund Policy: All private and semi-private training sessions and adult group classes require a minimum of 24-hour advance notice for cancellation via email or phone in order to avoid being charged the full amount of the session. For all other programs, all requests for refunds must be submitted to Fenom via email. Full refunds are only available in the event the program is canceled or if we receive the email request five calendar days prior to the first class in a session. Requests submitted within 30 calendar days after the start of a session will be subject to a $100 cancellation fee before a refund is processed for any remaining classes in that session. No refunds will be given for requests submitted after this 30-day period. No refund will be given for missed classes. Session calendars can be found on our website at www.fenomfit.com. Refunds are processed within 7 to 10 business days. There will be no refunds given for missed Mash-Up, Sports Series, or Customized Classes, unless canceled by Fenom.
Club Closings: Fenom follows a combination of local public school closings for inclement weather (Harrison, Rye, Rye Brook, Mamaroneck). This includes delayed openings, early dismissals and after-school cancellations. Please call us or follow us on Facebook (@Fenom Fitness NY) for the latest updates. Make-up classes are available for any snow cancellation through the end of the current session. There will be no refunds or credits for cancelled classes due to inclement weather.
Fenom Photo and Video Release
I hereby authorize Fenom Fitness LLC to use, reproduce, and/or publish photographs and/or video that may pertain to me (or my child, having not attained the age of 18) including my (or my childs) image, likeness and/or voice without compensation. I understand that this material may be used in various publications, marketing/recruitment releases, multimedia exhibits or for other social media related endeavors. This material may also appear on Fenom's Web Page and/or digital social media services including but not limited to Facebook and Instagram.
I have read the foregoing waiver and release of liability and have voluntarily executed this document with full knowledge of its content.