Privacy Policy

For those Third Avenue Fitness Corp / Workshoppe Fitness memberships that include group fitness (“Classes”), users have the ability to reserve a spot in these Classes online. Classes are limited to a set number of participants and the availability of online reservations for Classes varies by location and are identified as such (“Online Class Reservations”) on each location’s website page. Members with a Third Avenue Fitness Corp / Workshoppe Fitness membership have the ability to reserve Classes online at Third Avenue Fitness/Workshoppe Fitness locations up to 22 hours prior to the start of a class. For all other membership types that include Classes, at locations offering Online Class Reservations, members may reserve a class up to 22 hours prior to the start of a class. Additionally, locations that offer Online Class Reservations have the right to charge members a fee for not canceling within the cancellation window, or for missing a class without canceling. If a member cancels an Online Class Reservation within 2 hours of the class start time, this is considered a “late cancel.” If a member holding an Online Class Reservation does not cancel and does not attend the class, this is considered a “no-show.” Late cancels and no-shows may incur fees, which will be communicated via an email to the member’s email address on file with their Home Club. To avoid a late cancel or no-show fee, the member must cancel their Online Class Reservation online, via the website or member app. Currently, Third Avenue Fitness locations charge a late cancel fee of $5 and a no-show fee of $10. Members are required to accept these Online Class Reservation terms and conditions to access Online Class Reservations. Failure to do so limits reserving Classes in-club only, and only on a first-come, first-served basis. Third Avenue Fitness does not guarantee that there will be availability in Classes reserved in-club. Furthermore, by accepting these Online Class Reservations terms and conditions, Members hereby authorize Third Avenue Fitness to charge their payment account connected with their membership on file with Third Avenue Fitness for each late cancel fee and no-show fee. Third Avenue Fitness shall notify a member at least ten(10) days before each late cancellation fee or no-show fee is deducted from a member’s payment account by Electronic Funds Transfer (EFT). This authorization remains in effect until a Third Avenue Fitness membership agreement expires or has been canceled pursuant to the terms thereof. Notwithstanding anything to the contrary in these Terms, Third Avenue Fitness reserves the right to add, remove or modify its policies for Online Class Reservations, including any late cancel or no-show fees, at any time in its sole discretion and without prior notice or liability to you.

BY ACCESSING OR USING THE SITE AND SERVICES IN ANY WAY, INCLUDING BY REGISTERING AS A MEMBER OR GUEST, YOU EXPRESSLY AGREE TO AND ARE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS, CEASE USING THE SITE AND SERVICES IMMEDIATELY.

THESE TERMS INCLUDE: • A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT WILL GOVERN ANY CLAIM OR DISPUTE YOU MAY HAVE WITH THIRD AVENUE FITNESS (SEE SECTION 24)

• INFORMATION ON AMAZON ONE AND THE COLLECTION OF BIOMETRIC DATA (SEE SECTION 18)
• INFORMATION ON OUR TEXT MESSAGING PROGRAM (SEE SECTION 7)

Third Avenue Fitness Corp, a U.S. company headquartered at 1120 Third Avenue, New York, New York 10065 and our wholly owned subsidiaries and affiliates in the United States (collectively referred to as “we” or “Workshoppe Fitness”) offers this website (“Site”), services, and products (collectively “Services”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). The Site Privacy Policy governs personal information we collect through the Site and is incorporated in these Terms. To the extent the provisions of the Privacy Policy conflict with these Terms, these Terms of Use govern.

THE SITE IS AVAILABLE ONLY TO INDIVIDUALS AND ENTITIES THAT CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, THE SITE AND THE SERVICES OFFERED BY THE SITE ARE NOT AVAILABLE TO MINORS.

MODIFICATION OF THESE TERMS: We reserve the right in our sole discretion to change, modify, add, or remove the terms, conditions, and notices under which the Services are offered. These Terms may not be modified except by a revised Terms posted by Third Avenue Fitness on thirdavenuefitness.com or a written amendment signed by an authorized representative of Third Ave Fitness Corp. We will post notice of the updated Terms on the website homepage.

1. HEALTH AND MEDICAL CONCERNS.

Workshoppefitness.com includes information and instruction relating to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, and services.

THE INFORMATION PRESENTED ON THIS SITE IS IN NO WAY INTENDED AS OR A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

THIS INFORMATION SHOULD ONLY BE USED IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN. CONSULT YOUR PHYSICIAN OR HEALTHCARE PROVIDER BEFORE BEGINNING OR PARTICIPATING IN ANY DIET, NUTRITION, FITNESS OR EXERCISE PLAN OR PROGRAM OR USING ANY FITNESS PRODUCTS OR SERVICES OFFERED OR ACCESSIBLE THROUGH THE SITE. YOUR PHYSICIAN SHOULD ALLOW FOR PROPER FOLLOW-UP VISITS AND INDIVIDUALIZE YOUR DIET, NUTRITION, OR FITNESS PLAN AS APPROPRIATE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION, YOUR DIET, NUTRITIONAL SUPPLEMENTS, AN EXERCISE REGIMEN, OR ANY OTHER ISSUES.

Third Avenue Fitness Corp, its staff, and the content providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a known or unknown medical condition.

YOU ACKNOWLEDGE AND AGREE THAT WHEN PARTICIPATING IN ANY EXERCISE OR EXERCISE PROGRAM, AND/OR WHEN USING ANY FITNESS PRODUCTS OR SERVICES, THERE IS THE POSSIBILITY OF PHYSICAL INJURY AND/OR DEATH, AND YOU ASSUME THE RISK AND RESPONSIBILITY FOR ANY SUCH RESULTS.

You should never disregard medical advice or delay seeking it because of a statement you have read on the Site and/or Services. Third Ave Fitness Corp should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that Third Ave Fitness is used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Site and/or the services.

In addition to consulting with your doctor before beginning an exercise or dietary program, keep the following checklist in mind when developing your program in conjunction with your health care provider. Bear in mind that this checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.

• After exercise do you frequently experience chest pains?
  • Do you get dizzy when you exercise?
  • Are you breathless after exercising?
  • Do you take medication for high blood pressure?
  • Do you have joint problems?
  • Do you have a medical condition, which might need special attention when exercising, for example, diabetes?
  • Have you been physically active in the past?
  • Do you have a heart condition that requires supervised physical activity?

IF YOU EXPERIENCE ANY DISCOMFORT OR PAIN DURING AN EXERCISE ROUTINE, YOU MUST IMMEDIATELY CEASE THE ACTIVITY AND SEEK THE ASSISTANCE OF A PHYSICIAN.

2. LICENSE AND ACCESS.

Third Avenue Fitness Corp / Workshoppe Fitness, grants you a limited license to access the Site. This license is solely for your individual use and may not be transferred to anyone else. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express prior written consent of Third Avenue Fitness.

3. NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You will comply with all applicable laws, including but not limited to privacy laws, intellectual property laws, export control laws, regulatory requirements, etc.

You will use the Site in a professional manner, and you may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.

In the event you gain access to information or material not intended to be accessed by you, you agree that you will immediately notify us and destroy all copies of such information in your possession and not forward such information to any third parties. For this notice, we may be contacted at info@workshoppefitnesss.com.

You agree you will not:

• use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information contained therein.
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site.
  • mirror, copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any information in which you have an ownership interest) from the Site without our prior express written consent or the appropriate third party.
  • frame, scrape, data-mine, extract, or collect the content of the Site in any form or manner.
  • provide information to us that contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

4. YOUR ACCOUNT.

Some portions of the Site may invite or require you to create an account and associated log-in credentials, and you may not be able to access certain content or features, functionalities, or services of the Site or member app (iOS or Android) without creating and logging into such an account. You agree to provide true, accurate, and current information when creating an account, and you are responsible for updating your account information as needed to ensure it remains current. You are responsible for maintaining the confidentiality of your log-in credentials, and you hereby acknowledge and agree that you are fully responsible and liable for all usage and activities that occur under your account, whether authorized by you or not. You agree to notify Third Avenue Fitness Corp / Workshoppe Fitness immediately if you know of or suspect any unauthorized use of your account or password or any other breach of security related to your account. Notwithstanding anything to the contrary in these Terms, Third Avenue Fitness Corp reserves the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify content, features, functionalities, and/or services available to account holders, at any time in its sole discretion and without prior notice or liability to you.

5. USE OF COMMUNICATION SERVICES.

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Note that we have no obligation to monitor the Communication Services. However, we reserve the right in our sole discretion to review all activity and materials related to the Communication Services and to stop activity and remove any materials at any time, for any reason, without notice to you. We also reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Further, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Third Avenue Fitness Corp does not control or endorse the content, messages or information found in any Communication Service and, therefore, Third Avenue Fitness Corp specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Third Avenue Fitness Corp spokespersons, and their views do not necessarily reflect those of Third Avenue Fitness Corp. 

INFORMATION PROVIDED TO THIRD AVENUE FITNESS OR POSTED AT ANY THIRD AVENUE FITNESS SITE.

We do not claim ownership of the materials or information you provide to us (including feedback and suggestions) or post, upload, input or submit to any Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of the Site and its businesses including, without limitation, the rights to: utilize, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission, except to the extent prohibited by law. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall be entitled to unrestricted use of the Submissions for any purpose without compensation to the provider of the Submissions. All personal information provided to this Site will be handled in accordance with the Site’s online Privacy Policy, the terms of which are incorporated into the Terms and can be accessed here.

We are under no obligation to post or use any Submission you may provide and may in our sole discretion remove any Submission at any time, for any reason, without notice to you. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

We do not control the information provided by other users which is made available through the Site. You may find another user‘s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with people acting under false pretense.

6. SMS COMMUNICATIONS TERMS AND CONDITIONS.

Third Avenue Fitness Corp Text Communications. By signing up for the Third Avenue Fitness Corp / Workshoppe Fitness, text messaging program, you are providing your express written consent (opting in) to receive non-marketing/transactional and marketing text messages from us and others texting on our behalf including text messages made with an automatic telephone dialing system at the mobile telephone number(s) you provide. By opting in, you consent to our collection and use of an electronic record to document that you have opted-in (“Opt-In”). You may opt-out of our text communications at any time. Your consent to receive marketing text messages is not required to purchase any goods or services.

Cost. Message and data rates may apply to each text message sent or received in connection with our text communications, in addition to any applicable roaming charges. Please contact your mobile telephone carrier for pricing plans. We do not impose a separate fee for sending our text messages.

How to Opt-Out. To stop receiving our text messages, simply text STOP. You will receive one additional text confirming your opt-out was processed. Please note that if you Opt-Out of receiving text messages, we will no longer send you marketing or transactional messages, with the exception of transactional texts related to your Third Avenue Fitness membership fees.

Your Mobile Telephone Number. You represent that you are the account holder for the mobile telephone number(s) that you provide. If you change your mobile telephone number, you are responsible for notifying us immediately. If you fail to notify us of a change, you agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by such failure, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

By signing up for the Third Avenue Fitness Corp / Workshoppe Fitness text messaging program and providing your mobile telephone number, you accept and agree to be bound by these SMS Terms and Conditions and the Site Terms of Use and any other applicable terms and agreements.

We reserve the right to terminate our text message program, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays. You are responsible for managing the types of SMS texts you receive.

Text Communications from Related Entities and Affiliates. Please note, by signing up for Third Avenue Fitness Corp/ Workshoppe Fitness text message communications, you are also expressly consenting to the collection, use, and sharing of your mobile phone number and personal information as outlined in our Privacy Policy and as permitted or required by applicable law. This includes sharing your mobile phone number with our affiliates and related entities for their marketing purposes. We may also share your mobile phone number with our service providers or subcontractors who support the services we provide. When you opt in to participate in the Third Avennue Fitness Corp / Workshoppe Fitness text communications program, you can opt out of our sharing your mobile phone number with our affiliates and related entities or opt out by contacting us at info@workshoppefitness.com. Please note that you cannot opt out of our sharing your number with our service providers or subcontractors.

By providing your mobile phone number, you acknowledge that you have read, understood, and agree to our Terms of Service and Privacy Policy.

7. SMS Consent Communication:

SMS opt-in consent and phone numbers for the purpose of SMS are not being shared with any third parties or affiliates

Types of SMS Communications:

If you have consented to receive text messages from Third Ave Fitness, you may receive messages related to the following:

• Appointment reminders
• Follow-up messages
• Billing inquiries
• Promotions or offers (if applicable)

Example: “Hello, this is a friendly reminder of your upcoming appointment with Workshopee Fitness at 1120 Third Avenue, New York, on [Date] at [Time]. Reply STOP to opt out of SMS messaging at any time.”

Message Frequency:

Message frequency may vary depending on the type of communication. For example, you may receive up to 2 SMS messages per week related to your [appointments/billing, etc.]

Potential Fees for SMS Messaging:

Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

Opt-In Method:

You may opt-in to receive SMS messages from Third Avenue Fitness in the following ways:

• By submitting an online form

8. Opt-Out Method:

You can opt out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

Help:

If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at info@workshoppefitness.com

Additional Options:

• If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

Standard Messaging Disclosures:

• Message and data rates may apply.
• You can opt out at any time by texting “STOP.”
• For assistance, text “HELP” or visit our Privacy Policy and Terms and Conditions page.
• Message frequency may vary

MARKETING.
You can limit the communications we may email you by:

• following the instructions in our advertisement/promotional emails to opt-out of receiving future marketing communications, or
• emailing us at info@workshoppefitness.com

9. LINKS TO THIRD PARTY SITES.

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. By providing these links, we do not endorse, sponsor, or recommend such sites or the materials disseminated by, or services provided by them, and are not responsible for the materials, services, or other situations at or related to or from any other site. We are not responsible for webcasting, or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. We reserve the right to disable links from any third-party sites to the Site.

Please exercise discretion while browsing the Internet and using the Site. You should be aware that when you are using the Site, you could be directed to other sites that are beyond our control. There are links to other sites from the Site pages that take you outside of the Site. For example, if you “click” on a banner advertisement or a search result, the “click” may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control.

To the extent we list or link to third-party products or services, our Site acts as the venue for suppliers to sell products and services (or, as appropriate, solicit offers to buy) and buyers to purchase such products and services. We are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items, or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content.

10. LINKS TO THIRD PARTY INTEGRATIONS.
    We may provide links to third-party integrations. Third-party integrations are websites or platforms that synchronize with our Site to provide you with additional functionality, tools, or services.

You acknowledge and agree we are not responsible for the availability of such sites or resources and do not endorse and are not responsible or liable for any content, advertising, goods, services, or other materials on, available through, or provided by such sites or resources.

We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of any of your personal information that you provide or is collected by such sites. We encourage you to review the privacy policies and terms and conditions on those linked sites.

11. DISCLAIMERS AND LIMITATION OF LIABILITY.
    THIRD AVENUE FITNESS PROVIDES THE THIRD AVENUE FITNESS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU THEREFORE USE THE SITE AT YOUR OWN RISK. While we will make every effort to keep content on this site current, we do not guarantee it is the most up-to-date information available.

For up-to-the-minute information on class changes, contact information, and any other information regarding Third Avenue Fitness Corp / Workshoppe Fitness locations, its operations, programs, and offers, please contact a Third Avennue Fitness Corp. / Workshoppe Fitness location or the corporate contact information provided on this Site.

Third Avenue Fitness Corp / Workshoppe Fitness makes no representations or warranties that the Site will be permitted in your jurisdiction; that the Site will meet your personal or professional needs; or that the Site will continue to support any particular feature of the Site.

The Site and the materials located on or through the Site are provided by us for informational purposes only, with the understanding that we are by the provision of these materials not engaged in the rendering of legal, financial, medical, or other professional advice or service. The information or materials contained in or through the Site are based upon sources believed to be accurate and reliable; however, we make no representation or warranty as to the accuracy, completeness, or timeliness of the information or materials.

The information and material on this Site should not be relied upon or used as a basis for making significant decisions without consulting primary or more accurate, more complete, or timelier sources of information. Any reliance on the information or material on this Site is at your own risk. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, MEDICAL, HEALTH OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL, PHOTOGRAPHIC, TECHNICAL, OR PRICING ERRORS LISTED ON OUR SITE.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THIRD AVENUE FITNESS AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES OR OTHER COMMUNICATIONS YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THIRD AVENUE FITNESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

You agree that we are not responsible or liable in any way for injury, loss, or damage to your computer or interception or use of credit card or financial account information, related to or resulting from use of the Site or any sites, services, or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim, or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks.

To the extent that a secondary party may have access to or view Third Avenue Fitness Corp / Workshoppe Fitness content on your computer or mobile device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement.

12. PAYMENTS.
    To the extent that you access external websites through our Site, or through a link on our Site for the purpose of payment processing, those entities may have their own terms, conditions, privacy policies, data collection, and use and disclosure practices which we encourage you to review.
13. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. § 2701-2711).
    We make no guarantee of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. We will not be liable for the privacy of the information, e-mail addresses, registration and
14. PRODUCT DESCRIPTIONS.
    Although we intend that product and service descriptions contained in the Site be current and accurate, we make no warranty or representation that descriptions in the Site are accurate, complete, current, or reliable in any or all respects.
15. RIGHT TO CANCEL ORDERS.
    We reserve the right to cancel or modify purchases, orders for services, subscriptions or accounts, or enrollment in activities and promotions when we reasonably believe that a customer has engaged in fraudulent or inappropriate activity, or under other circumstances where it appears that the purchases or orders contain or resulted from a mistake or error, or if you violate any provision of these Terms or any other posted policy on the Site.
16. AVAILABILITY OF PRODUCTS AND SERVICES.
    The products and/or services described in and available through the Site may not be available in your country. We make no representation that the services or products offered in the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

If use of the Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and must exit immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and Third Avenue Fitness and its affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person‘s or entities‘ directors, employees, contractors, agents, licensors, and suppliers (collectively, the “Indemnified Parties”) may rely upon such representation.

The Site is operated from the United States, and it is possible that some software from the Site or the products and services offered on the Site may be subject to United States export controls. Products and services described on the Site and software downloaded or otherwise exported or re-exported from the Site are not intended for sale, download, or export (i) into (or to a national or resident of any country that is subject to a U.S. or U.N. embargo or sanction or to anyone on the US Treasury Department‘s list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed, or the US Commerce Department‘s Table of Deny Orders. By downloading or using the software, products, or services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.

17. COPYRIGHT AND TRADEMARK NOTICES.
    All materials and content contained on the Site (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software), and the Site itself, are copyrighted materials belonging exclusively to Third Avenue Fitness Corp / Workshoppe Fitness or its content suppliers and are protected by United States and international copyright law. Third Ave Fitness Corp and Third Ave Fitness IP Holdings, Corp enforce its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of the administrator(s) of the Site and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without our written permission or the permission of such third party that may own the Trademarks displayed on the Sites. All contents of the Site are Third Avenue Fitness IP Holdings, Corp. All rights reserved. Any rights not expressly granted herein are reserved.

18. INDEMNIFICATION.
    You agree to indemnify, defend and hold harmless Third Avenue Fitness Corp and its affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person’s or entities’ directors, employees, contractors, agents, licensors, and suppliers (collectively, the “Indemnified Parties”), from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses, penalties or costs of whatsoever nature, including reasonable attorneys’ fees and court costs, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising or resulting in any way from any violation of these Terms, your use or activity on the Site, the Services or products provided to you by Third Avenue Fitness through the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of Third Ave Fitness Corp or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trademark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws.

Without limiting the foregoing, if you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with the Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

19. TERMINATION/ACCESS RESTRICTION.
    We reserve the right, in our sole and absolute discretion, to terminate your access to the Site and the related services or any portion thereof at any time, for any reason, without notice to you. This includes but is not limited to instances where you may show disregard for the Terms or act in an unacceptable manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion.
20. RIGHT TO CANCEL OR SUSPEND USE OF SITE.
    If for any reason any portion of the Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond our reasonable control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Site, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any other individual or entity from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof and void such information.
21. INTERNATIONAL USE.
    Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules, and regulations regarding the access to and use of thirdavenuefitness.com. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Site content may apply to users based on their place of domicile, residence, and/or use.
22. MOBILE APPLICATION USERS.
    The Terms apply to your use of any version of the Third Avenue Fitness Corp / Workshoppe Fitness mobile application (“App”). If you do not agree to these Terms, you must uninstall the App. If the event we terminate your access to the App, you agree to immediately uninstall the App. Please note that our App may not be compatible with your device or mobile carrier. You are responsible for all mobile, data, or other charges or costs you incur, including but not limited to charges related to downloading, installing, accessing, and/or using the App. We reserve the right in our sole discretion to make changes, updates, or corrections to the App, cease providing certain features, impose usage limitations, or stop providing the App at any time. If you download and/or use our App for an iPhone or iPad, these Terms incorporate by reference the Apple Inc. Licensed Application End User License Agreement. You must also comply with any applicable third-party agreement when using the App, including your mobile services agreement. For information on the data we collect through the App, how we use it and with whom we share it, please see our Privacy Policy.
23. ARBITRATION; WAIVER OF JURY TRIAL AND CLASS ACTION.
    EXCEPT AS THE TERMS OTHERWISE PROVIDE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND THIRD AVENUE FITNESS WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.

Arbitration. Arbitration uses a neutral arbitrator to resolve a dispute instead of a judge or jury. It results in a final and binding decision that is subject to limited appellate review. By agreeing to arbitration, you waive the right to resolve your dispute through other available processes such as court or an administrative proceeding. An arbitrator must honor the terms in these Terms of Use and can generally award the same damages and relief a court can award under the law, including declaratory or injunctive relief. Certain rights that you might have in court such as access to discovery, may be unavailable or limited in arbitration.

Any dispute, controversy, or claim between you and Third Avenue Fitness Corp, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, or affiliates (collectively for purposes of this section, “Third Avenue Fitness Corp”) arising out of or relating to these Terms, the Site, or Services (collectively “Dispute”) shall be settled by final and binding arbitration.

Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) as currently in effect, and as modified by these Terms, and will be administered by the AAA. You can find the AAA Rules online at https://www.adr.org/consumer or you can call the AAA at 800-778-7879, or write them at American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the “AAA Notice Address”).

All Disputes shall be governed by the laws of the State of New York, without regard to principles of conflict of laws. If there is a conflict between the AAA Rules and this arbitration clause, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.

Process. You agree to first try to resolve the Dispute informally by contacting us in writing at info@workshoppefitness.com. If the Dispute is not resolved within 60 days of submission, you agree that you or Third Avenue Fitness may initiate arbitration.

Notwithstanding the foregoing, in lieu of arbitration:

(1) You or Third Avenue Fitness may assert a claim in small claims court in the United States if your claim qualifies, provided that it is brought and maintained solely as an individual claim; and

(2) You or Third Avenue Fitness may assert a claim in court to enjoin infringement or other misuse of intellectual property rights.

The arbitrator shall have sole authority to and shall address all claims or arguments by both parties, concerning the formation, legality, and enforceability of this arbitration clause, the scope of this arbitration clause, and the arbitrability of any claim or issue arising between you and Third Avenue Fitness.

To initiate the arbitration process, send a letter to the AAA and to Third Avenue Fitness, Corp-1120 Third Avenue, New York, New York 10065 with a request for arbitration and a description of your claim. You may also send a copy to the AAA online at https://www.adr.org. The AAA’s rules govern payment of all filing, administration, and arbitrator fees. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration.

Arbitration may be conducted at a location that is reasonably convenient for you. Upon request of either party, the arbitration shall be conducted via telephone to the extent permitted by the AAA Rules. The arbitrator will follow these Terms of Use and the award will be final and binding. At the conclusion of arbitration, the arbitrator shall issue a written decision explaining the basis for the award. Any awarded relief shall not exceed what is allowed by applicable law and the Terms of Use. The parties agree that any declaratory or injunctive award may be vacated or corrected on appeal by either party

 

24. DELETING YOUR ACCOUNT.
    For instructions on deleting your Third Avenue Fitness / Workshoppe Fitness account, please contact info@Workshoppefitness.com.
25. ADDITIONAL INFORMATION FOR ONLINE CLASS RESERVATIONS.
    For those Third Avenue Fitness Corp / Workshoppe Fitness memberships that include group fitness (“Classes”), users have the ability to reserve a spot in these Classes online. Classes are limited to a set number of participants and the availability of online reservations for Classes varies by location and are identified as such (“Online Class Reservations”) on each location’s website page. Members with a Third Avenue Fitness Corp/ Workshoppe Fitness membership have the ability to reserve Classes online at Third Avenue Fitness/Workshoppe Fitness locations up to 22 hours prior to the start of a class. For all other membership types that include Classes, at locations offering Online Class Reservations, members may reserve a class up to 22 hours prior to the start of a class. Additionally, locations that offer Online Class Reservations have the right to charge members a fee for not canceling within the cancellation window, or for missing a class without canceling. If a member cancels an Online Class Reservation within 2 hours of the class start time, this is considered a “late cancel.” If a member holding an Online Class Reservation does not cancel and does not attend the class, this is considered a “no-show.” Late cancels and no-shows may incur fees, which will be communicated via an email to the member’s email address on file with their Home Club. To avoid a late cancel or no-show fee, the member must cancel their Online Class Reservation online, via the website or member app. Currently, Third Avenue Fitness locations charge a late cancel fee of $5 and a no-show fee of $10. Members are required to accept these Online Class Reservation terms and conditions to access Online Class Reservations. Failure to do so limits reserving Classes in-club only, and only on a first-come, first-served basis. Third Avenue Fitness does not guarantee that there will be availability in Classes reserved in-club. Furthermore, by accepting these Online Class Reservations terms and conditions, Members hereby authorize Third Avenue Fitness to charge their payment account connected with their membership on file with Third Avenue Fitness for each late cancel fee and no-show fee. Third Avenue Fitness shall notify a member at least ten (10) days before each late cancel fee or no-show fee is deducted from a member’s payment account by Electronic Funds Transfer (EFT). This authorization remains in effect until a Third Avenue Fitness membership agreement expires or has been canceled pursuant to the terms thereof. Notwithstanding anything to the contrary in these Terms, Third Avenue Fitness reserves the right to add, remove or modify its policies for Online Class Reservations, including any late cancel or no-show fees, at any time in its sole discretion and without prior notice or liability to you.
26. GENERAL TERMS.
    The following general terms apply to you and your use of the Site:
    You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site.

Our performance of these Terms is subject to existing laws and legal processes, and nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

The provisions of the Disclaimer and Limitation of Liability, Indemnification, Arbitration and Waiver of Class Action sections, together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms.

Unless otherwise specified herein or agreed to by the user, these Terms constitute the entire agreement between the user and Third Avenue Fitness with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Third Avenue Fitness Corp with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Third Avenue Fitness’s prior written consent. No third party shall have any rights hereunder.

27. NOTICES.
    You consent to receive all communications, including notices, agreements, disclosures, or other information from Third Avenue Fitness electronically. Third Avenue Fitness may provide all such communications by email or by posting them on thirdavenuefitness.com. Nothing herein shall limit Third Avenue Fitness’s right to object to subpoenas, claims, or other demands.
28. HOW TO CONTACT US.
    If you have any questions regarding this Policy, your privacy, or our policies in the event of a compromise of your information, you may contact us at: info@workshoppefitness.com.