Terms and Membership Agreement

This Membership Agreement is made on this date by and between LYFT Personal Training LLC, a limited liability company organized and existing under the laws of the State of New York, with its principal place of business located at 75 Calvert St, Harrison, NY 10528, doing business as LYFT Strength & Wellness, LoseYourselfFitness, LYFT Strength Club, and any future trade names used by the Company (collectively referred to herein as the “Gym”), and the undersigned individual (“Client”).

Whereas Client desires to become a client of the Gym and cannot become a client without agreeing to the rules and regulations set forth below and abiding by the terms of this Agreement;

Whereas, the Gym provides physical training services through Group Training, Semi Private Training, Private Training, and Nutrition Coaching. All services are intended to improve the health and performance of Client; 

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 

1. Membership Fees, Term, Cancellation, Hold, and Rate Increases

All Membership options are listed below. Membership and services must be paid for in advance. All fees and schedules are subject to change without notice. At the present time, membership options are as follows with the applicable terms provided for in this Agreement:

GROUP TRAINING:

  • Automatic Renewal: Automatic billing every one (1) month via autopay.

  • Cancellation: Notice of cancellation is required fifteen (15) days in advance of Client’s next billing date.

SEMI-PRIVATE TRAINING & PRIVATE TRAINING

Single (1) Session 

  • Automatic Renewal: Does not auto-renew.

  • Expiration: Expires thirty (30) days after purchase.

Four (4) Sessions , Eight (8) Sessions, Twelve (12) Sessions, other

  • Automatic Renewal: Private and semi-private training memberships are billed on a recurring four (4) week cycle.

  • Cancellation: Notice of cancellation is required fifteen (15) days in advance of Client’s next billing date.

  • Expiration: Sessions expire at the end of the billing cycle.

PRIVATE & SEMI-PRIVATE TRAINING — ADDITIONAL TERMS

Billing Structure

  • Sessions must be used within the active billing cycle and do not carry over.

  • Sessions are use-or-lose unless otherwise approved by management.

Attendance & Missed Sessions

  • A twelve (12) hour cancellation policy is enforced.

  • Sessions cancelled with less than twelve (12) hours’ notice may be charged and counted as a used session at management discretion.  

Make-Up Sessions

  • Make-up sessions are not guaranteed and subject to coach's availability.

  • Approved make-ups must occur within the same billing cycle.

  • Unused sessions that cannot be made up are forfeited. In limited circumstances, unused sessions may be handled differently at management discretion on a case-by-case basis.

NUTRITION COACHING

Initial Commitment — Twelve (12) Weeks

  • Automatic Renewal: Client may pay in full or in three (3) installments auto-billed on the anniversary date of the start of the program.

  • Cancellation: Cannot cancel during the initial twelve (12) weeks.

Monthly Maintenance (Post-Initial Commitment)

  • Automatic Renewal: Automatically bills monthly on the anniversary date, beginning after the initial twelve (12) weeks.

  • Cancellation: Notice of cancellation is required fifteen (15) days in advance of Client’s next billing date.

Term: Services under this Agreement will begin on the date Client signs this Agreement. This Agreement automatically renews for recurring memberships as set forth above. Client understands that upon signing this Agreement, Client is not entitled to any refund of any part of the membership dues unless otherwise provided for in this Agreement or by Law. 

Cancellation: Client may cancel this Agreement at any time by providing written notice to Gym by completing the form found on the website. Memberships require a fifteen (15) day notice of cancellation unless otherwise provided for in this Agreement. The initial twelve (12) weeks of the nutrition program may not be canceled. Any regular payments scheduled within the cancellation window will be processed. By signing this Agreement, Client is authorizing the Gym to process any payment scheduled for processing within the cancellation window. 

Relocation 

  • Memberships may be cancelled due to permanent relocation outside of the local service area

  • The standard 15-day cancellation notice applies

  • Membership dues already billed are non-refundable

Gym may cancel this Agreement at any time for any reason. 

Membership Holds/Pause: Clients may request to temporarily pause their Membership by providing written notice to the Gym through the form found on the website. Pause requests must be submitted at least fifteen (15) calendar days prior to the Client's next scheduled billing date in order to take effect on that billing date. Pause requests submitted less than fifteen (15) days in advance shall take effect on the subsequent billing date. Approved pause requests will temporarily suspend all membership access and billing during the pause period. Membership access and billing will automatically resume once the pause period has expired. Pause periods may be requested for a minimum of one month up to a maximum of three consecutive months. Membership payments shall automatically renew on the next scheduled billing date once the pause period has expired, at the same rate and terms in effect prior to the pause. Holds/freeze for vacations, travel or personal, less than one month, are not automatically paused. Clients may instead be provided with a vacation or hotel workout program so training continuity is maintained.

*Effective Jan 1, 2026 the following fee will apply to all new members.  

Fee:

  • A $25 non-refundable hold/pause fee per month, up to 3 consecutive months, via payment method on file 

  • No partial freezes or retroactive adjustments will be honored

Additional Terms:

  • Memberships cannot be cancelled while on hold. In limited circumstances, this may be handled differently at management discretion on a case-by-case basis. The standard 15-day cancellation notice begins on the first day the membership resumes

  • If a hold is requested after a billing cycle has been processed, no refunds will be issued.  

Injury or Medical Holds

  • In cases of injury or medical restriction, memberships may be paused at the coach’s discretion

  • Documentation may be requested

Rate Increases: The Gym reserves the right to increase membership rates and fees at any time for any reason. The Gym will provide at least 30 days advance written notice to the Client regarding any rate adjustments. Notice shall be sent to the Client's address on file via email. The adjusted rates shall become effective on the first day of the next billing cycle following the expiration of the 30 day notice period. The Client's continued use of the Gym's facilities and services after the effective date of the rate adjustment shall constitute acceptance of the adjusted membership rates. While the Gym reserves sole discretion to adjust rates, any rate increases will be reasonably based on factors such as operational costs and market rates. Any rate adjustments will be uniformly applied to all memberships within each category or level of membership. If the Client does not wish to continue their membership at the increased rates, they may cancel their membership in accordance with the cancellation policy set forth in this Agreement. This clause balances the Gym's need to adjust pricing with Client's interest in reasonable rates and the ability to cancel their membership if a rate hike is unacceptable.

2. Automatic Payment Authorization Through Electronic Funds Transfer (EFT)

Client represents and warrants that if Client is purchasing something or paying for a service from this Gym that (i) any credit card, debit card, or bank account draft (ACH Draft) information Client supplies is true and complete, (ii) charges incurred by Client will be honored by Client’s credit card company or financial institution, and (iii) Client will pay the charges incurred by Client at the posted prices, including any applicable taxes, fees, and penalties. If Client elects to pay via credit card or debit card the Client will also pay for any associated processing fees. 

Client hereby authorizes (if online payment is made or autopay information is provided) this Gym to charge Client’s ACH draft, credit card, or debit card account for the following amounts: (1) Client’s recurring membership dues, and (2) any other fee for other goods/services Gym provides that Client instructs Gym to bill to Client’s account on file.

Authorized EFT payments may be separately initiated or, to the extent permitted by law, combined with other authorized EFT payments. Client will receive notice if Client’s EFT rate is changing and have the choice of whether to continue or cancel Client’s membership at that time. If tax rates applicable to Client’s account change and alter such Client’s automatic payment in accordance with this Agreement, Client consents to receive notice only if the charge varies by more than 10%. Client may cancel EFT authorization by giving Gym written notice of termination in accordance with this Agreement. Client agrees to give Gym notice if Client’s billing or Account information changes. If Client decides to change Client’s billing information, a 15-day notice is required.

3. General Policies

The undersigned Client understands and agrees to the following general policies:

A. If Client anticipates being more than 5 minutes late to a group class, Client must contact the on-duty trainer. If Client is more than 10 minutes late to a group class, the on-duty trainer has a right to deny entry to the group class.

B. Other Service Fees

All services outside of those listed in this Agreement are subject to additional hourly rates, monthly rates, and/or specialty fees.

     C. Registration and Cancellations

Client must pre register each time he/she plans to attend a group class at the Gym through the Gym’s online client management software. Gym may deny Client access to group classes if Client does not pre register as required. The Gym may either close or operate at reduced hours on holidays. Business hours, policies, and regulations are subject to change without notice and can be found on the Gym’s website and/or client management software.

If Client is unable to attend a group class for which he/she has pre registered, he/she is required to cancel that registration. Client must cancel the reservation at least one (1) hour prior to the class’s start time.  

If Client is unable to attend a private training session for which he/she has pre registered, he/she is required to cancel that registration. Client must cancel the reservation at least twelve (12) hours prior to the session’s start time. This cancellation requirement is a no exceptions policy. Failure to cancel a reservation as required in this paragraph will result in a loss of the session.

4.   AUDIO / VISUAL CONSENT & SECURITY CAMERA NOTICE

Promotional Photo & Video Consent

I grant permission to Gym to capture and use my image, likeness, voice, and/or participation in training activities through photographs, video recordings, or other visual media taken while participating in programs, classes, or events at the facility.

I understand and agree that these recordings may be used solely for promotional, marketing, and educational purposes related to the gym, including but not limited to the Gym’s website, social media platforms, advertisements, email communications, and other marketing materials.

I acknowledge that:

  • The Gym retains ownership of all such recordings.

  • I will not receive compensation for the use of these materials.

  • The use of these recordings will be lawful and appropriate.

I release and hold harmless the Gym, its owners, employees, and agents from any claims arising from the lawful use of such recordings as described above.

Security Camera Notice

For the safety and security of members, staff, and the facility, Gym utilizes video surveillance in certain common areas of the gym.

I acknowledge and understand that:

  • Security cameras record video only and do not record audio.

  • Cameras are not located in private areas, including restrooms or changing areas.

  • Recorded footage may be reviewed for security, safety, operational, insurance, or incident-related purposes and is not used for marketing or promotional purposes.

5. Attire  

As a condition of membership and use of the Gym facilities, all Clients must wear clean athletic shoes and clothing appropriate for a public gym setting. Clothing must not be obscene, indecent, or vulgar in nature. The Gym reserves the right to refuse access or services to any Client who fails to comply with this dress code policy. Gym staff will provide notice of any violations. The Gym is committed to providing a safe, hygienic, and welcoming environment for all Clients and guests. This dress code policy aims to uphold these values. The gym reserves the right to update or modify this dress code as needed. Any changes will be provided to clients in writing.

6. Conduct

The Gym is committed to the health, safety, and welfare of each of its clients and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. The Gym has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership of any client engaging in unacceptable behavior. 

7. Minimum Age

By signing this Agreement, Client is acknowledging that Client is at least fourteen (14) years of age.

8. Damages

Client shall pay for any damages to the Gym’s property which results from the willful or negligent conduct of Client, Client’s guest, or dependent children.

9. Lost Articles 

Gym assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity. 

10. Assignment of Agreement

The Gym reserves the right to sell, transfer, or assign all or part of its business, assets, or ownership to a new owner ("New Owner"). This includes the right to sell or transfer Client account information, including but not limited to name, contact details, payment information, and any health, fitness, or other personal information provided by Client ("Client Information"). Upon sale, Client Information shall be transferred to New Owner as part of the sale. New Owner shall have the same rights to use and disclose Client Information as the Gym. The Gym and New Owner may disclose Client Information to each other and to their agents, accountants, and attorneys as reasonably necessary to complete the sale.

Purpose and Necessity. This clause permits the continued operation of the business after a sale and provides clear expectations about the transfer of Client Information. It aims to balance Gym's business needs with Client's privacy rights.

11. Chargeback Policy

The Client agrees not to dispute or initiate chargebacks for valid membership fees or other charges authorized under this Agreement, except in cases of verified fraud not committed by the Gym. Valid charges include but are not limited to monthly fees, annual fees, enrollment fees, maintenance fees, or fees for personal training or other services provided by the Gym. In the event the Client disputes a charge and initiates a chargeback, the Gym will have the opportunity to present evidence to the Client's credit card issuer showing the charge was valid under the terms of this Agreement.

If the credit card issuer approves the chargeback despite the Gym's evidence, the Client agrees to reimburse the Gym for the amount of the chargeback within 30 days of request for reimbursement. Acceptable forms of reimbursement include cash, certified check, or money order. 

The Client agrees not to initiate chargebacks in bad faith as a means of avoiding or delaying payment owed to the Gym under this Agreement. Doing so constitutes a material breach of contract. In the event of a material breach, the Gym may immediately suspend or terminate Client access and pursue reimbursement for any losses.

This chargeback policy is intended to protect the Gym against losses from fraudulent or abusive chargeback practices while preserving the Client's rights in cases of a legitimate billing dispute. The Gym will make every effort to resolve any chargeback issues amicably and in good faith.

12. This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.

13. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

14. If any provision of this Agreement is held to be invalid, illegal, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision which achieves, to the greatest extent possible, the economic, legal and commercial objectives of the invalid or unenforceable provision. The invalidity or unenforceability of any provision in this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. If any part of this Severability clause is deemed invalid or unenforceable, the remainder of the clause will continue in effect and be construed in accordance with its terms as if the invalid or unenforceable part was not contained herein.

15. Any dispute arising out of or relating to this Agreement, or the breach thereof, shall be resolved through litigation in a court of competent jurisdiction. The parties agree to submit to the personal jurisdiction and venue of the federal and state courts located in Westchester County, New York for resolution of any disputes arising out of this Agreement. In any action or proceeding to enforce the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred, in addition to any other relief awarded. The parties hereby waive any right to a trial by jury in any litigation arising out of or relating to this Agreement. The parties agree that any claim or dispute subject to this dispute resolution provision must be brought within one (1) year after the claim or dispute arises or it is barred. This dispute resolution procedure shall be the exclusive means of resolving disputes arising out of or relating to this Agreement. Its terms shall survive termination of the Agreement.

16. Client has read, and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement Client has given up considerable future legal rights. Client has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her.

17. Certain laws and regulations may require the Gym to provide Clients with written notices and disclosures on paper. With Client’s consent, this information may be provided to Client electronically. Clients’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that the Gym may provide Client. Clients’s consent to receive the Documents electronically shall continue until expressly withdrawn by Client. Notwithstanding, Client may request a paper copy of all electronic Documents by contacting the Gym and requesting a paper copy. Client may withdraw its consent at any time by notifying the Gym. Upon withdrawing consent, Client shall no longer receive the Documents electronically. Client acknowledges that withdrawing consent may result in additional fees for Client’s receipt of the Documents. Client agrees to maintain a valid email address with the Gym, and to promptly notify the Gym of any changes to Client’s email address. If Client has provided another type of electronic contact information, such as a phone number, then Client may change that contact information by contacting the Gym. To access, view and receive the Documents electronically, Client agrees and acknowledges that it must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Client’s electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Client desires to print any electronic Documents. Client acknowledges that it may also need a certain brand or device that can support applications intended for Client’s electronic mobile devices, tablets and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Client to access the Documents electronically, then the Gym will notify Client following such material modification. By accepting the terms of this Agreement, Client does hereby agree to the terms and conditions of this paragraph and consents to the same. Client does also confirm that Client has the software and hardware described above, that Client has the means necessary to access, view and receive the Documents electronically, and that Client has provided a valid and active email address to the Gym.

CONSUMERS RIGHT TO CANCELLATION 

YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THIS DATE.

Notice of cancellation shall be in writing subscribed by the Client via email or mailed by registered or certified United States mail to the Gym owner at the following address:

LYFT PERSONAL TRAINING 

75 CALVERT ST

HARRISON,NY 10528

Such notice shall be accompanied by the contract forms, membership cards and any other documents or evidence of membership previously delivered to the Client. All moneys paid pursuant to such contract shall be refunded within fifteen business days of receipt of such notice of cancellation. If the Client has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the Client shall also be returned within fifteen days.

ADDITIONAL RIGHTS TO CANCELLATION:

You may also cancel this contract for any of the following reasons, the Gym may require reasonable evidence for a cancellation:

If upon a doctor's order, you cannot physically receive the services because of significant physical disability. 

If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing.

If the services cease to be offered as stated in the contract.

All moneys paid pursuant to this contract cancelled for the reasons provided for above shall be refunded within fifteen days of receipt of such notice of cancellation; provided however that the Gym may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that the Gym may demand the reasonable cost of goods and services which the Client has consumed or wishes to retain after cancellation of this contract. In no instance shall the Gym demand more than the full contract price from the Client. 

In witness whereof, I understand my rights and obligations as stated above. I confirm that I am a legal adult (unless otherwise indicated below) and that I have read and understand this Agreement and I am aware that by signing this Agreement I am agreeing to all of the terms outlined above. I have executed this Agreement and the above terms, as of this date, and acknowledge receiving a copy of this signed Agreement.