EFFECTIVE July 7, 2016
mActivity — Core Fitness Trainers LLC (“mActivity,” “our” or “we”), we have adopted policies, procedures, rules and regulations (“policies”) designed to provide for the safe, enjoyable and healthy use of our premises by you-our members and guests.
These policies apply to your conduct on mActivity’s premises, which include its center and all outdoor areas, including its parking lots, sidewalks, turf (“premises”) or any use of mActivity’s online, mobile or interactive offerings or websites. They also apply to your conduct during its programs, training, events or other mActivity-sponsored activities off the premises (“events”).
If you violate any of these policies, your membership or center access may be suspended or terminated. Our decision on all questions regarding construction or interpretation of these policies is final.
We may change these policies at any time without notice in our sole discretion. You may find the most recent version of these policies at www.mactivity.com. As a member or guest of mActivity, you are responsible to review and comply with these policies at all times.
Proper Conduct. We strive to uphold a safe, fun, environment. As such, we expect proper, respectful conduct on the premises at all times. We do not permit disrespectful conduct toward our members, guests, employees (“Team Members”), vendors or property including, including but not limited to vulgar, profane, indecent, offensive, sexual, violent, hostile, aggressive, threatening, harassing, stalking, fraudulent, or other inappropriate conduct or communications.
Weapons. You may not bring or use weapons of any kind on the premises for any reason.
Proper Attire. You must wear proper attire at all times, including shirts and shoes, unless noted in a specific area.
Membership Cards and Check-In. As a member, you may not enter the center without your membership card, whether electronic or physical, which you must present to the Member Services Desk to be swiped upon entry. You must have the required membership, in good standing, in order to access a center. If you lose your membership card, you may have to pay a fee to replace it. Please return your membership card on your last day of access.
Personal Belongings. You must store all workout bags, coats and personal belongings in a locker. Be sure that your locker is secured before you leave it. You must keep your locker key with you at all times without exception, including while in Sauna, steam room or showering; do not leave your locker key unattended at any time, such as by pinning it to a towel. If you use a lock without a key such as a combination lock, you are responsible for remembering your locker number and combination. You may use our lockers only while you are on the premises; you may not leave any personal belongings in a locker overnight unless you have paid for locker service. Do not bring or store any valuables on the premises, including watches, jewelry or large amounts of cash. Do not leave valuables in plain view in your vehicle. Be sure your vehicle is locked. We are not liable or responsible for any lost, stolen or damaged personal property, whether from lockers, vehicles or other locations on the premises. Please inquire in person at the Member Services desk for lost articles that may have been found. Phone inquiries regarding lost items are not allowed.
Locker Rooms/Sauna/Steam. We expect proper etiquette in our locker rooms. You may not spit, sleep or engage in any sexual conduct in our locker rooms. You may not shave in, or use in the nude, the sauna or steam room. You may not work out or wear rubber suits or excessive clothing in the sauna or steam room. You must dispose of towels in the designated container. You may not use an electronic device equipped with a camera in our locker rooms.
Injuries. If you are injured while on the premises, please seek immediate assistance from a mActivity Team Member. A Team Member can provide or arrange for appropriate medical assistance and complete an incident report.
Physical Examination. We strongly encourage that you have a complete physical examination prior to beginning any new exercise or nutrition program.
Training Services. Our personal training services include instruction, coaching, advice, lessons or demonstration concerning physical exercise, physical fitness, exercise strategies, nutrition, wellness, fitness products, fitness equipment and other fitness-related activities by personal trainers, nutrition coaches, teaching pros or other instructors (“personal training”). Personal training services are available to members, typically for a fee per session, upon completion of a Starting Point Session and purchase of Personal Training sessions.
No Personal Training by Members or Guests. You may not solicit or conduct on the premises any personal training as defined above, with or without compensation. mActivity retains sole discretion to determine whether a member or guest is engaged in personal training.
Solicitation. Unless expressly authorized by mActivity co-owners, you may not solicit-whether in person or in writing-any members, guests or Team Members on the premises or during off-premises events, including but not limited to solicitations for political or religious purposes, media interviews, business opportunities, or competitive products or services.
Cell Phones and Other Mobile Devices. Cellular phones and other mobile devices may not be used in photographic or video mode in any locker room, sauna, steam room or other private area of the massage or service rooms. Additionally, no calls may be placed or taken in any locker room, sauna, steam room, or other private area. Please use common courtesy when using mobile devices in other areas of the center.
Photography. Professional photography and recording of video on the premises is not allowed without the advance approval of the mActivity co-owners. Personal photography is allowed in public areas of the club only. You must have consent to photograph any other member, guest or Team Member. No photography or cameras of any kind are allowed in any locker room or other private area of the center such as massage or service rooms.
Food. You may not bring your own food into the center, but you may bring clear non-alcoholic liquids in closeable, unbreakable bottles. Unless purchased for consumption outside the center, food from our Cafe or must remain in those areas. No outside food or beverage allowed in the Cafe. Our Cafe uses peanuts and other products that may cause allergic reactions.
Alcohol. You may not consume alcohol on the premises unless it is provided by mActivity center, and only then in designated areas. You may not use our equipment, services or programs while under the influence of alcohol.
Drugs. You may not use, possess or sell any illegal drug on the premises, including but not limited to anabolic steroids or other illegal growth-enhancing substance. You may not use our equipment, services or programs while under the influence of illegal drugs. You should not use, or should stop using, any equipment, service or program if your prescription medication adversely impacts or influences your ability to safely use it.
Smoking. You may not smoke, chew or use any other tobacco or electronic cigarette products on mActivity’s premises including any outdoor areas (e.g., sidewalks or parking lot), or at mActivity’s events.
Center Closure or Access Restrictions. We reserve the right to close or restrict access, without advance notice, to any area of or the entire center or premises for any reason, including but not limited to closures or restrictions related to events, construction, remodeling, repair, or maintenance (whether planned or unplanned) or for health or safety reasons, including but not limited to weather, natural disasters, power outages, and medical issues. Your obligation to pay membership dues is not dependent upon usage, availability or access to the center.
Illness. You may not enter the gym if you have a contagious illness that may be transferred through ordinary use of our equipment, services or programs. You must cover exposed lesions or rashes.
Animals. You may not bring any animal into the gym unless it is a service animal performing its duties in the care of a person who requires its assistance or is an on-duty law enforcement animal (“exempt animals”). All exempt animals must be licensed, vaccinated and have identification tags (where applicable); must remain leashed or caged and under a non-mActivity responsible person’s control at all times; and must be removed immediately if it causes a disturbance, interrupts the work of others or poses a health or safety risk to those who are exposed to it. The animal’s owner must promptly remove animal waste and is liable for any damage caused by the animal.
Damage to Center. You may not damage the center in any way, including but not limited any damage to, or theft of, exercise equipment, towels, supplies or other center property, such as balls breaking lights. If you, or a guest, youth member or junior member on your membership, damages the center, you must pay for it.
Non-members. Excluding the Café, mActivity PT, Pilates HAVEN, massage, and non-member Personal Training clients, mActivity and its programs, services, amenities, benefits, programs, classes, events, are for members only or guests as permitted by our Guest Policy. Non-members who use mActivity PT, Pilates HAVEN, massage, and non-member Personal Training clients must sign in or register at the Member Services Desk.
GROUP FITNESS AND STUDIO
We offer virtual and instructor lead introductory to advanced group fitness classes focused on cardio (e.g., athletic and choreographed), flexibility, balance and strength. We also offer mind/body classes in our Studio, including yoga and Mat Pilates.
Reserving Space or Equipment. Any space or equipment that is unoccupied five minutes prior to class is considered available for use by any class participant in the room. You may reserve up to two bikes only-for you and friend-on the day of the class by placing cycling shoes, a towel or a water bottle on each bike. You may not reserve bikes the night before a class.
Class Etiquette. We request that you arrive for class a few minutes early to prepare your space or equipment (e.g., bike, yoga mat/props, etc.) and, as applicable, sign in. The warm up at the outset of the class is an important part of the work out. If you arrive late, please enter the class quietly and appropriately. Because classes are designed as group activities, you should follow the instructor’s routines or instructions consistent with your personal abilities and limits. You must wait for a class to conclude before entering the studio to prepare for the next scheduled class. Please wear attire and, except for yoga and Pilates, shoes appropriate for the class. You must have a sweat towel for cycle and mat work, and may keep closable, unbreakable water bottles at the perimeter of the studio. No other personal effects are permitted in the studio. Your cell phones must be turned off or in silent mode. After class, please wipe down and return all equipment to its proper place. Only mActivity Team Members or instructors may operate the stereo equipment.
Special Yoga Etiquette. To avoid disruption, you should not enter class during opening meditation or leave during the closing resting pose. If you must leave class, please inform the instructor at the outset and do so before the final pose. You should wear comfortable layered, stretchable clothes, and no shoes, perfumes, or heavy jewelry.
mActivity offers various monthly and short-term memberships. Our membership levels, prices, dues, fees, amenities, benefits, programs, classes, events amenities are subject to change or termination at any time. mActivity retains complete control over all matters affecting or relating to its members or memberships, including but not limited to any documentation or information that may be required of members or guests such as proof of joint financial obligations, cohabitation, familial/guardianship status, age, or residency.
Youth Members /Guests. mActivity welcomes and encourages young people to be part of our community. We are also mindful of safety consideration that need to be taken. A parent or guardian may add a dependent child to the membership to create family membership as defined by mActivity. All youth members must complete a Starting Point Session.
(10 to 15 Years Old). Youth members under the age of 16 must be accompanied by an adult (parent or guardian) member. Those under 16 may only be in the club unaccompanied if they have a scheduled personal training, Pilates, physical therapy or massage session. Youth must be 12 years of age to use free weights unless working with a personal trainer or physical therapist. Youth must be 13 years of age to use treadmills,
(16 to 20 Years Old). Youth members may use the center without adult supervision. Once a youth member turns 21, the person, as an adult, must purchase his or her own separate membership and pay applicable joining fees.
Grandparents, Nannies and Au Pairs. We allow a grandparent, or a certified nanny or au pair who is at least 18 years old, to be added to a current member family membership for whom the grandparent, nanny or au pair is responsible. We require that both the parent or guardian and the non-parent caretaker sign an agreement related to care of the child in our center and submit proof of the parties’ familial or employment relationship (e.g., a birth certificate, cancelled checks, nanny certification, etc.) For more information, visit the Member Services Desk.
Disabled Members. We welcome disabled members to use our centers. If a disabled member must be accompanied by a non-member assistant or caretaker to reasonably accommodate the member’s use of the center, we require both parties to sign an agreement related to such use of the center. For more information, please visit the Member Services Desk.
Dues Payments. We collect monthly membership dues, and certain other payments (such as recurring payments for services) at the anniversary date of joining or a date designated by you for certain products or services by cash, check or electronic fund transfer from the designed bank account or credit or debit card on file for your membership (“EFT Account”). If we are unable to successfully draft payments from your EFT Account when due, we will continue to attempt collection thereafter, typically each Tuesday and Friday of the subsequent week(s). I understand that mActivity Fitness may use services made available by card issuers which automatically update my card information and prevent disruptions due to account changes, such as an expired card or reissued card. I may opt-out of this service at any time by contacting my club. We are not responsible for overdraft fees. We do not issue regular monthly invoices. To establish your membership, you must provide an EFT Account. In special circumstances, however, you may avoid a forthcoming monthly dues electronic funds transfer by providing an alternate method of payment to the center at least three business days prior to your anniversary billing date. To change your designated dues-paying account, please see the Member Services Desk. Dues are subject to change by mActivity at any time without notice unless otherwise required by law. In the event of a change in any amount charged, mActivity may provide any notice required by law by regular mail or by email to the address(es) associated with the membership.
Fees. Subject to the provisions below and any variation required or permitted by state law, we may charge certain fees to members as set forth in our Fee Schedule, which may be periodically updated in our sole discretion.
mActivity Fee ScheduleFee/Amount
Maintenance fee: $39 annually on April 1st and October 1stLate Payment: $10
Membership Card Replacement: $15Invalid Payments–Dishonored Check: $20Guest $15/day
Guest Fee with a service
Continued Membership Means You Agree to Pay Fees. You have the opportunity to cancel your membership for any reason pursuant to your General Terms Agreement. Your continued membership with mActivity constitutes your agreement to pay mActivity’s fees, including specifically its fees for late and or invalid payments.
Late or Non-Payments. You may be charged fees related to late or non-payments if for any reason we do not received payment for our goods or services by the due date or you pay less than the full amount due for our goods and services.
Late Fee. YOU WILL BE CHARGED A $10 LATE FEE ON ANY PAYMENT AMOUNT (E.G., MONTHLY DUES, FEES OR OTHER CHARGES) ASSESSED IN ANY SINGLE MONTH THAT HAS NOT BEEN PAID IN FULL AFTER 15 DAYS FROM THE DUE DATE.WITH RESPECT TO YOUR MONTHLY DUES PAYMENT DUE ON THE ANNIVERSARY OF EACH MONTH (WHICH WE COLLECT BY EFT WITHIN THE FIRST FIVE DAYS OF THE MONTH), WE WILL CHARGE A $10 LATE FEE ($5 IN MD) ON THE 20TH OF EACH MONTH IF WE DO NOT RECEIVE THAT MONTH’S DUES FROM YOUR EFT ACCOUNT BEFORE THE 20TH OF THE MONTH. WE CHARGE SUCH MONTHLY LATE FEES FOR UP TO THREE (3) MONTHS WHILE YOUR MEMBERSHIP REMAINS IN EFFECT, AFTER WHICH YOUR MEMBERSHIP WILL BE TERMINATED FOR NONPAYMENT.
Late Fees Are Not Considered Interest or Penalties. We do not anticipate that you will fail to pay your monthly dues, fees and other charges on a timely basis, and we do not extend credit to members or other customers. We sell goods and services, and expect payment for those goods and services before or when we deliver or perform them, including payment on the date on which payments are due. Any fees or other charges due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs are difficult to calculate or to predict when we set such fees or other charges, including our current $10 late fee, because we cannot know in advance (1) whether you will pay for our goods or services on a timely basis, if ever; (2) when you will actually pay if you do pay late; and (3) what costs we will incur because of your late payment or non-payment.
Invalid Payments. We accept various means of payment for our goods and services, including payment by cash, or check for certain goods and services. WITH RESPECT TO PAYMENT BY CHECK, IF A CHECK IS DISHONORED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON, YOU WILL BE CHARGED A $20 FEE FOR SUBMISSION OF AN INVALID PAYMENT INSTRUMENT as provided in the Fee Schedule. IF YOU ARE A MEMBER, WE WILL ADD THE AMOUNT OF THE DISHONORED CHECK PLUS THE $20 FEE TO YOUR MEMBERSHIP ACCOUNT BALANCE, WHICH AMOUNT WE WILL COLLECT FROM YOUR EFT ACCOUNT.
Right to Implement or Change Fees. We reserve the right to implement or change fees or other charges at any time, unless otherwise required by law. We may provide any notice required by law by regular mail or by email to the address(es) associated with the membership.
ClubTab. We offer a service called ClubTab in which authorized adult and youth members on a membership may purchase products and services using a credit card account placed on file with mActivity. Once an adult member designates a credit card account (“ClubTab Account”) and any adult and youth member(s) authorized to use that account for purchases, the authorized members may purchase items by presenting their membership card or telephone number at the point of sale. Individual purchases are posted to the ClubTab Account as they occur, separate from monthly membership dues. To start or stop ClubTab, or change your Club Tab Account or authorized members, please visit the Member Services Desk.
Membership Changes and Information. Subject to applicable restrictions, you may make changes to or obtain information about your membership after you have joined mActivity, such as changing your EFT or Club Tab Account, adding or removing members, or upgrading or downgrading membership levels. You may make membership changes or request membership information in person at the center, by phone or by email. We may charge a membership change fee to make changes to your membership as disclosed in our Fee Schedule – including changes such as level upgrades, member add-ons or downgrades. We may collect service fees on or about the date you make the membership change, or on the next scheduled EFT from the designed bank account or credit or debit card on file for your membership. Fees are subject to change by mActivity at any time. To make a change to or obtain information about your membership, please visit the Member Services Desk.
Generally, members may make changes or obtain information about a membership as follows:
Primary members. The designated primary member is typically the EFT Account holder. The primary member may cancel the entire membership, add or remove any members on the membership, change the EFT Account, change or add or subtract authorized members on their own ClubTab Account, correct erroneous membership information, obtain his or her own membership information (center usage, payment or EFT history), and make payments on the membership.
If the EFT Account holder is a non-member, that person or corporation may change the EFT Account, cancel the entire membership, obtain EFT payment history only, or make payments on the membership.
Partner members. The designated partner member may cancel the entire membership, remove any member from the membership except the primary member, add a youth or junior member, change the EFT Account, change or add or subtract authorized members on their own ClubTab Account, correct erroneous membership information, obtain his or her own center usage history, and make payments on the membership.
Youth members. A youth member may not make payments on the membership or remove himself or herself from the membership, but may obtain his or her own center usage history.
Members may not obtain membership information upon request other than as provided above. Specifically, without valid legal process, members or guests may not obtain other private, confidential, privileged and/or proprietary internal business information, including but not limited to incident reports, video surveillance footage, or membership-related photographs. Please direct any subpoena or other legal process requesting such information to the mActivity co-owners for review by legal counsel. We reserve the right to disclose such information in our sole discretion to aid the law enforcement process or as otherwise required or permitted by law.
Membership Suspension or Termination. We permit you to suspend or terminate your membership with a minimum 30- day notice.
Membership Freeze. mActivity may freeze the portion of the membership for up to three months per year (unless there is a medical reason). There is a ten-dollar charge per month (other than for a medical reason) and the expiration/anniversary date will be extended for the time frozen. mActivity will freeze your membership or the portion of your membership through the date provided. After the freeze period, your membership or the portion of your membership that has been affected will automatically reactivate. mActivity does not permit retroactive freezes.
Membership Termination: Because we do not use long-term membership contracts, you may terminate your membership for any reason with a minimum of 30-days notice to mActivity as provided in your membership contract. See “Service or Program Cancellations and Refunds-Membership” below.
BUYER’S RIGHT TO CANCEL.
If you wish to cancel your membership contract, you may cancel by mailing a written notice by certified or registered mail to the address specified below. The notice must say that you do not wish to be bound by this contract and must be delivered or mailed before midnight of the third business day after you sign this contract. After you cancel, the health club may request the return of all contracts, membership cards and other documents of evidence of membership. The notice must be delivered or mailed to: 285 Nicoll St, New Haven, CT 06511.
You may also cancel this contract if you relocate your residence further than twenty-five miles from any health club operated by the seller or from any other substantially similar health club which would accept the obligation of the seller. This contract may also be cancelled if you die, or if the health club ceases operation at the location where you entered into this contract. If you become disabled, you shall have the option of (1) being relieved of liability for payment on that portion of the contract term for which you are disabled, or (2) extending the duration of the original contract at no cost to you for a period equal to the duration of the disability. You must prove such disability by a doctor’s certificate, which certificate shall be enclosed with the written notice of disability sent to the health club. The health club may require that you be examined by another physician agreeable to you and the health club at its expense. If you cancel, the health club may keep or collect an amount equal to the fair market value of the services or use of facilities you have already received. Any payments due prior to cancellation taking effect will still be due and payable. Your account must be current before any cancellation will take effect. To cancel for any of the above reasons, send or deliver a written notice to the CLUB or to the Designated Billing Company.
Cancellation: Members have thirty days from the beginning date of contract to cancel their membership without incurring a penalty (medical cancellations, call to military or moves of greater than 25 miles incur no penalty). $49 termination fee for cancelling within contract (unless there is a medical reason, call to military or a move more than 25 miles from mActivity).
Termination for Death. In case of death, your estate may terminate the contract by giving written notice as described in the General Terms Agreement.
Membership Suspension or Termination by mActivity. We reserve the right to suspend or terminate your membership, or any member on your membership, at any time for a failure to comply with these or any of our other rules, regulations, procedures or policies (which may be amended as necessary), or for conduct we determine to be improper or contrary to our best interests.
If you have any questions regarding your membership, please contact the Member Services desk.REFUNDS, RETURNS AND EXCHANGES
Merchandise. Merchandise in new condition with original packaging and tags may be exchanged or returned for a full refund up to 30 days from the original date of purchase. Proof of purchase is required, such as a receipt.
Services or Programs. Services or programs may be cancelled subject to any specific terms and conditions in contracts applicable to the service or program.
Fitness Programs, Group Activities, and Individual Activities. You may cancel fitness programs (e.g., personal training, nutrition coaching, Pilates), group classes by contacting the Member Services Desk. We will refund all amounts paid if we receive your cancellation notice within three (3) business days of the date you purchased the program or classes or at any time before your first session has been serviced, whichever is later. If we receive your cancellation notice after your first session has been serviced, we will not refund any amount you have already paid, but we will service your paid sessions on the schedule then in effect. Unused sessions expire one year from purchase. We will not refund any amount for a scheduled session that you fail to attend or fail to reschedule or postpone (by contacting the Member Services Desk) at least 24 hours in advance. We will provide a refund or credit for programs or classes that we cancel if we cannot find a suitable alternative for the registrant.
Massage Services. If you are unsatisfied with a massage because we did not provide it as requested, we will attempt to resolve the issue with the same or a different mActivity Team Member at no additional charge. If you are unsatisfied with a massage even though we performed or provided it as requested, we will attempt to resolve the issue. If the issue cannot be resolved, we will refund the cost of the service. We will not pay for you to go elsewhere to resolve the issue. You will be charged a 50% cancellation fee if you do not cancel or reschedule an appointment at least 24 hours in advance.
Unless otherwise required by law, we will issue refunds only to the payor as follows:
Credit Card. Payments made via credit card will be refunded to the same credit card account used at the time of purchase.
Cash or Check. Payments made via cash, check or bank withdrawal may be refunded by means of a mActivity gift card, membership dues credit, or check. Refunds for payments by check will be processed within 10 days, unless the pay or provides a copy of the cleared bank draft or check from his or her financial institution in which case the refund may be made more quickly.
EFT from Bank Account. Payments made via electronic fund transfer from a bank account (EFT or ACH) may be refunded by means of a mActivity gift card, membership dues adjustment credit, or credit to the payor’s original bank account. Refunds will be processed within 10 days.
Gift Card. Payments made via gift card will be refunded to a mActivity gift card.
We invite guests to use mActivity, whether with a member or as walk-in visitors to the center. We may restrict overall or individual guest privileges or guest use of the center at any time in our sole discretion. Before each visit, all adult guests must complete and sign a Guest Register and present a valid driver’s license or government-issued identification card, which we use to verify guest information, track guest usage, and market or solicit as permitted by you and/or the law. Guests must meet with a membership advisor and tour the center.
All adult guests must complete and sign a Guest Register and present a valid driver’s license or government-issued identification card.
All Guests under the age of 18 must have their parent/guardian present to complete guest register. Youth guests are bound by the same policies as youth members per above and below.
Guests 15 years of age or under must be accompanied by a sponsoring member age 18 or older or another guest who is their parent/legal guardian and is 18 years of age or older. The sponsoring member (or adult guest) must remain on-site.
Adult members who wish to bring another member’s child(ren) under age 16 must ensure the child is on an active membership and need not use a guest privilege or pay the guest fee(s). The Sponsoring Member Form must be signed by the sponsoring member and the guest’s parent/legal guardian prior to guest entry.
A guest may visit and use the center with no fee if they have a special invitation from an owner or Director of member Services, such as an appointment, email or letter. A Guest Register/ liability waiver must be signed upon each guest visit.
In the case of a mActivity-hosted activity (camp, birthday party, etc.) in which a dedicated mActivity Team Member maintains supervision of the activity, the guest’s parent/legal guardian must complete and sign a Participation Waiver prior to the event. The parent/legal guardian need not remain on-site in this instance.
PERSONAL TRAINING SERVICES
Our personal training services include instruction, coaching, advice, lessons or demonstration concerning physical exercise, physical fitness, exercise strategies, nutrition, wellness, fitness products, fitness equipment and other fitness-related activities by personal trainers, nutrition coaches, teaching pros or other instructors (“personal training”). Personal training services are available to members, typically for a fee per session, upon completion of a Fitness Program Agreement.
No Personal Training by Members or Guests. You may not solicit or conduct on the premises any personal training as defined above, with or without compensation. mActivity retains sole discretion to determine whether a member or guest is engaged in personal training.