Terms and Conditions
PLATT-FORM PERFORMANCE AND ATHLETICS PURCHASE & SERVICE AGREEMENT
TERMS, CONDITIONS AND AGREEMENT for Payment, Cancellation and Lateness.
I acknowledge and agree that I am purchasing a fitness program (i.e. Personal Training, Small Group, VTD, Student-Athlete) and/or coworking membership at the cost of (as listed) per month for a total of (as listed) months or at the “Paid In Full” amount of (as listed). I understand that at the completion of the program I have the option to renew the program as stated. I acknowledge and agree that appointments within the program will be released as stated by my trainer and that payments are to be made either by check, credit card, or cash prior to receiving any program benefits. I acknowledge and agree that I am responsible for full payment of the complete price, unless cancelled via the terms stated below, regardless of my participation in the program.
I acknowledge that appointment times are reserved and that cancellations must be made eight(8) hours in advance. Cancellations must be made by calling, texting, or emailing an appropriate employee of Platt-Form Performance and Athletics. I understand that I will not receive a refund for missed appointments or appointments cancelled within eight (8) hours of the scheduled appointment. It is my responsibility to attend my appointments when they are scheduled.
I understand that appointments will begin and end promptly as scheduled. I acknowledge that any delays to the start of a scheduled appointment will not extend service beyond the remainder of the scheduled time. I acknowledge that a delay to a scheduled appointment cannot change the appointment status to anything except a whole appointment.
I understand that the selection of a fitness program is a personal and important one and, as such, Platt-Form offers the right to cancel this agreement within fourteen (14) days of the listed program start date for any reason, at which point I will receive a complete refund for all unused program sessions. I understand that an itemized list of all appointment costs deducted from this refund will be made at my request. After this time, I acknowledge that this agreement may not be cancelled, transferred, or reassigned except in the three instances as listed below:
- My participation in any fitness program is deemed unsafe as per written instructions of my doctor. I acknowledge that written confirmation of this diagnosis must be presented at the time of cancellation. Without written, original documentation from your healthcare professional, this section will not apply.
- I move 30 or more miles away from any Platt-Form location. I acknowledge that original documentation of said move, including but not limited to, deed, rental agreement or utility bill will be required as requested by Platt-Form.
- I agree to pay a termination fee of one extra full month.I acknowledge that this specific consent and agreement is valid indefinitely and in perpetuity from the time of signature. I acknowledge that the training appointments paid for will expire six (6) months from their purchase date and no refund will be granted for appointments that have not been completed after that time. I understand that a fitness/coworking facility is an intimate and personal space and that Platt-Form has the right and the authority to terminate this program at any time, with no refund, if I fail to conduct myself in an appropriate manner. The determination of whether such conduct is acceptable is in the sole discretion of Platt-Form.
By agreeing to this agreement, I hereby authorize Platt-From Performance and Athletics and any of its employees to charge my credit card and/or bank account in payment for products or services.
Service Agreement Terms and Conditions (T&C)
The services PLATT-FORM provides to you are subject to the following Terms and Conditions (T&C). PLATT-FORM reserves the right to update the T&C at any time without notice to you. PLATT-FORM membership application does not create a tenancy but a prepaid usage license to use the provided services and amenities on a monthly or casual basis
Informed Consent and Release of Liability Waiver I understand that my participation in the use of the facilities, training and instruction at Platt-Form Performance and Athletics is voluntary. I understand and agree that Platt-Form is not responsible for injury or risks that may result during the use of the facilities, from training programs or from guidance offered by Platt-Form, its employees and its trainers. I understand the risks or injuries to be bodily injury, including, but not limited to permanent disability, paralysis, and possibly death, and property damage. These risks may result from a variety of circumstances, including but not limited to the use or misuse of the equipment or facilities; the activity itself; malfunctioning of equipment; acts of myself or others, including Platt-Form and its agents; or from the unavailability of emergency medical care. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the programs or the facility. I represent and warrant that I have no medical condition that would prevent my participation in the programs or the facility. I hereby release, waive, discharge, and hold harmless Platt-Form and all of its affiliates, employees, and trainers, past or present (herein after jointly referred to as the “Released Parties”) from any and all claims, suits, liabilities, judgments, costs and expenses (“Claims”) for any property damage, property loss or theft, personal injury or illness, death or other loss arising from or related to my Platt-Form Membership. I also agree to defend, indemnify and hold harmless the Released Parties from and against any Claims arising from or related to my own acts or omission in connection with my membership at Platt-Form.
PLATT-FORM offers personal training, small group training, video fitness training, student-athlete training, life skills coaching, and provides access to an office space, desk, internet access, a meeting room, an event space, knowledge resources and other offerings of PLATT-FORM, hereinafter referred to as “services” as part of membership. Services are subject to availability and to the T&C.
*All physical fitness training is prohibited while trainers/owners are absent from the building. Coworking members are prohibited from entering all fitness training areas/gyms, including both Platt-Form and Metro, while trainers/owners are absent from the building.
All members and guests have the right to quiet enjoyment and any behavior (outside of regular fitness training) that breaches this will not be condoned. You will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others. This is an open office shared by many different peoples and organizations. Anything said should be expected to be heard by others.
No Unlawful or Prohibited Use
You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any PLATT-FORM server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any PLATT-FORM server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, nor should you post or download files that you know or should know are illegal or that you have no rights to. You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this T&C and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party. You may not conduct yourself in a manner that would damage, disable, impair, overburden or cause harm to PLATT-FORM’s ability to deliver services. The following are prohibited activities that may not happen inside the space, in conjunction with our services or on the property. To include, but not limited to:
a. Smoking, drug use, being in an intoxicated state.
b. Keep, store, or bring in any flammable or hazardous materials.
c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic,name, material or information on or through servers or in our space.
Use of services
You agree that when participating in or using the Services, you will not:
a. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited message (commercial or otherwise);
b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through PLATT-FORM servers or bandwidth;
d. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
e. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
f. Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
g. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
h. Restrict or inhibit any other user from using and enjoying the Services;
i. Violate any code of conduct or other guidelines which may be applicable for any particular Service;
j. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
k. Violate any applicable laws or regulations;
l. Create a false identity for the purpose of misleading others;
m. Obstruct any entranceway, create any circumstances of disrepair or damage any PLATT-FORM property or Premises;
n. Bring any pets onto the PLATT-FORM Premises, unless you have a specific need for visual assistance;
o. Use cellular phones or other communication devices in a manner that will be disruptive to other members. In the interests of maintaining a peaceful environment, PLATT-FORM requests that all members, guests, and clients turn their phones to vibrate while in the Premises. We also ask that you use a phone booth or meeting room for calls longer than three minutes; or
p. Otherwise violate the Member Agreement, this T&C or any of the Community Norms.
q. Otherwise exceed the following usage limitations in relation to the shared conference space: Members may not have more than 8 individuals total in the small meeting/conference room. All monthly allotments of conference space usage included with memberships, as well as purchases of additional usage, are subject to availability of the conference space. Unused time does not roll over or accrue from month to month.
Access to physical spaces and network assets
Access is granted to active members for office space and internet. Additionally, active members will have access to meeting rooms, events spaces, and other pay-for spaces and services. You will not grant access, lend keys, share passwords/logins or give codes to anyone. You will not allow nonmembers to enter or use the space unless accompanied by member; You are financially and legally responsible for your guests’ actions always. You will not attempt to gain unauthorized access to physical area or network assets.
Termination of Membership
PLATT-FORM reserves the right to terminate a member’s active membership at any time. In the event of a member termination initiated by PLATT-FORM, a prorated refund will be given based on number of days of the month used at time of termination divided by the member’s billing that month. No refunds will be given to members who are terminated for non-payment. Members may terminatetheir membership starting the following month at any time with notice. Notice must be given in writing to firstname.lastname@example.org (15) business days in advance of end of month Invoicing and Payment. The member is automatically invoiced monthly in advance based on their membership option. Also included is any variable charges such as extra meeting room usage that may have been incurred during the previous period. Payment is required at the beginning of the month for that period, at the date specified in the invoice. Payment for casual usage is paid on the day of use unless other arrangements have been made with PLATT-FORM.
You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by PLATT-FORM or any participant using the services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature.
Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of PLATT-FORM, any analyses, compilations, studies or other documents prepared by PLATT-FORM or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or have reason to know should be treated as confidential. Your participation in and/or use of the Services obligates you to Maintain all Confidential Information in strict confidence; Not to disclose Confidential Information to any third parties; Not to use the Confidential Information in any way directly or indirectly determined to PLATT-FORM or any participant or user of the Services. All confidential information remains the sole and exclusive property of PLATT-FORM or the respective disclosing party. You acknowledge and agree that nothing in this T&C or your participation or use of the services will be construed as granting any rights to you, by license or otherwise, in or to any confidential information or any patent, copyright or other intellectual property proprietary rights of PLATT-FORM or any participant or user of the services.
Participation in or Use of Services
You acknowledge that you are participating in or using the services at your own free will and decision. You acknowledge that PLATT-FORM does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
Disclaimer of Warranties
To the maximum extent permitted by the applicable law, PLATT-FORM provides the services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including but not limited to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you. PLATT-FORMwill make a good faith effort to deliver the services outlined in this document. We however do not guarantee levels of access, internet connections or speeds, services or products of our partners or other third parties who operate in conjunction with PLATT-FORM.
Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by the applicable law, in no event shall PLATT-FORM or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care, negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of PLATT-FORM, and even if PLATT-FORM has been advised of the possibility of such damages. The foregoing limitations, exclusions and disclaimers, including the previous sections shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding PLATT-FORM, or any of PLATT-FORM employees, personnel, policies, services or products, other than to comply with law.
You release, and hereby agree to indemnify, defend and save harmless PLATT-FORM and PLATT-FORM subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorney fees and costs incurred PLATT-FORM or its respective officers and agents in connection with the defense of such claim or lawsuit.
In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
PLATT-FORM carries Liability and Business Personal Property insurance. As a user, you are not required but it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as your property the premises of PLATT-FORM. PLATT-FORM will not be responsible for theft or damage not covered by your insurance.
Any delay or failure in the performance by PLATT-FORM hereunder shall be excused if and to the extent caused by the occurrence of Force Majeure. For purposes of this agreement “Force Majeure” shall be defined as any circumstance not within the reasonable control of PLATT-FORM despite the exercise of reasonable diligence; circumstances to include but not limited to: fire, flood, acts of God, hurricanes, riots, vandalism or theft.
Photo, video and audio
Members hereby grant permission to use their likeness in a photograph, written works, video and audio or other digital reproduction in any and all of its publications, including website entries. Members further give permission for use of images in any and all of its publications, including website entries, products, web properties, videos, and other marketing materials. Members understand and agree that these materials will become the property of and will not be returned. Members hereby irrevocably authorize PLATT-FORM and associated parties to edit, alter, copy, exhibit, publish, sell, license or distribute photos, videos, written works, audio including uses in commercial and revenue generation or for any other lawful purpose. Additionally, Members waive any right to royalties or other compensation. I certify that I am of legal age to enter into this agreement. I hereby represent and warrant that I have all requisite legal powers and authority to enter into and abide by the T&C with no further approval or authorization on behalf of myself or the company, entity, or party I represent.