Terms of Service

Terms of Service
Effective date: [April 23, 2026] These Terms of Service (“Terms”) govern your use of the facilities, services, website, and membership programs of 426 Fitness, located at 426 Metacom Ave. Warren, Rhode Island. By enrolling in a membership, using our facilities, booking classes, or accessing our website, you agree to these Terms. If you do not agree, do not enroll or use our services.

1. Memberships and Enrollment
– Eligibility: Members must be at least [16] years old (or have a parent/guardian sign for minors). You must provide accurate, complete information at enrollment.
– Types: Membership types, pricing, included services, and membership start dates are described on our website or enrollment materials.
– Payment: Membership fees, initiation fees, taxes, and any applicable charges are due in advance. You authorize recurring charges to your provided payment method for the membership term and any renewals.
– Billing: Monthly memberships renew automatically until canceled. Bills are non-refundable except as stated below. Returned payment fees apply per our fee schedule.

2. Term, Renewal, and Cancellation
– Term and Renewal: Memberships are for the period selected (monthly, annual, etc.). Month-to-month memberships renew automatically each billing cycle. Fixed-term memberships expire at term end unless otherwise stated.
– Cancellation by Member: To cancel, follow the cancellation process described at enrollment (e.g., written notice, online form) and provide required notice [e.g., 30 days] before the next billing date. You remain responsible for charges incurred during the notice period. Early termination fees may apply for certain promotional or discounted plans.
– Freezes and Holds: We may permit temporary holds for medical reasons or other approved causes per our policy. Requests must be submitted in writing and may require documentation.
– Refunds: Refunds are provided only as stated in these Terms or required by law. Except where prohibited, membership initiation fees and fulfilled service fees are non-refundable.

3. Use of Facilities and Services
– Access: Use of facilities and classes is subject to capacity, scheduling, and applicable rules. Advance booking may be required for certain classes.
– Conduct: Members must follow Gym policies, staff instructions, posted rules, and applicable laws. The Gym may suspend or terminate access for unsafe, illegal, or disruptive behavior.
– Personal Property: Secure your belongings. We are not responsible for lost, stolen, or damaged personal property.

4. Health, Assumption of Risk, and Waiver
– Medical Clearance: You warrant that you are physically able to participate. Consult a physician before beginning any exercise program, especially if pregnant, injured, or with medical conditions.
– Assumption of Risk: Use of the Gym and participation in activities involve inherent risks, including injury or death. You voluntarily assume all risks associated with use.
– Release and Waiver: To the fullest extent permitted by Rhode Island law, you release the Gym, its owners, officers, employees, contractors, and agents from liability for injury, loss, or damage arising from your use of the facilities or participation in activities, except for gross negligence or willful misconduct.

5. Limitation of Liability
– Except where prohibited by law, the Gym’s total liability for any claim arising from these Terms or your use of the facilities shall not exceed the amount of membership fees paid by you in the 12 months preceding the claim. The Gym is not liable for indirect, incidental, consequential, or punitive damages.

6. Medical Emergencies and First Aid
– The Gym may provide first aid or seek emergency assistance if needed. You authorize staff to obtain emergency medical care if necessary. You are responsible for associated costs.

7. Photo/Video Release
– By entering the premises, you grant the Gym a royalty-free right to photograph or record you in public areas for marketing, social media, and promotional purposes unless you notify us in writing to opt out at [email protected]. We will comply with any reasonable request consistent with safety and operations.

8. Rules, Dress, and Equipment
– Members must wear appropriate attire and footwear and follow posted equipment instructions. Use of equipment is at your own risk. The Gym may limit access to equipment or require orientation.

9. Suspension and Termination by the Gym
– The Gym may suspend or terminate your membership for nonpayment, breach of these Terms, illegal activity, safety risks, or at its discretion. Termination does not relieve you of outstanding payment obligations.

10. Refunds, Credits, and Disputes
– Billing disputes must be submitted in writing within [30] days of the charge. We will investigate and respond. Where refunds are granted, processing times may vary.
– If you dispute recurring charges with your bank without first contacting us, we may suspend or terminate your membership and seek collection of amounts due.

11. Privacy
– We collect and process personal data as described in our Privacy Policy [link to Privacy Policy]. By using our services, you consent to that processing.

12. Website and Online Services
– Use of our website, mobile app, and online booking is subject to these Terms and any additional online terms. You agree not to misuse the site or attempt to interfere with its operation.

13. Notices
– Notices to members will be sent to the email or mailing address on file. Notices to the Gym should be sent to: 426 Fitness, 426 Metacom Ave. Warren, RI , Email: [email protected].

14. Governing Law and Venue
– These Terms are governed by the laws of the State of Rhode Island without regard to conflict-of-law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in state or federal courts located in Rhode Island.

15. Dispute Resolution and Arbitration
– If you and the Gym cannot resolve a dispute informally, disputes may be resolved by binding arbitration under the Federal Arbitration Act, administered by a mutually agreed arbitration service, with the seat of arbitration in Rhode Island. Each party bears its own costs except as the arbitrator awards. By agreeing to arbitration, you and the Gym waive the right to a jury trial and to participate in a class or representative action. (If you do not wish to arbitrate, do not check this box: [opt-out instructions], and follow the opt-out process within [30] days of enrollment.)

16. Modifications
– We may update these Terms from time to time. We will post the revised Terms with an updated effective date. Material changes will be communicated by email or posted notice. Continued use after changes constitutes acceptance.

17. Severability
– If any provision is found invalid or unenforceable under applicable law, the remaining provisions remain in full force and effect.

18. Entire Agreement
– These Terms, the membership agreement, and the Privacy Policy constitute the entire agreement between you and the Gym regarding membership and use of facilities, superseding prior agreements.

19. Contact Information
– 426 Fitness
– Address: 426 Metacom Ave. Warren, RI 02885
– Email: [email protected]
– Phone: 401-247-7440