Membership Contract and Policies

Introduction

Summarized below are key policies, rules and expectations of EMBODI Fitness (“EMBODI Fitness” and the “EMBODI Fitness Policies”). These apply to all members of EMBODI Fitness Studios and help make an exceptional experience for everyone, so please read them carefully. Under this Client Agreement Form (Agreement), you are responsible for complying with all EMBODI Fitness policies, including without limitation to those outlined in this document, and EMBODI Fitness reserves the right to cancel, revoke, or suspend your membership for any violation of the EMBODI Fitness policies. 

Our Mission. EMBODI is the word we use to describe our pursuit to become the GREATEST version of ourselves. We want our studio to be inclusive to all! Whether it is your first day or you have been on your fitness journey for a decade, we want to assist and guide you towards achieving any goals you set out to accomplish. 

Accessing Studios

Check-In: You are required to check-in at the front desk or with one of our staff members upon entry to the Studio and, in order to access and use the Studio, to display your membership account or other access and identification method made available by EMBODI Fitness. If you leave and re-enter a Studio you will need to check back in with the front desk. 

Identification: EMBODI Fitness reserves the right to require you to maintain a photo or copy of your photo identification on file with EMBODI Fitness and/or to show photo identification or otherwise verify your identity before entering any Studio. 

Good Standing: EMBODI Fitness reserves the right to prohibit you from accessing and entering any Studio if there are any outstanding past-due/overdue amounts payable to EMBODI Fitness or your membership is otherwise not in good standing. 

Guests: As part of your membership, you may receive certain privileges to periodically bring a guest to a Studio. You must accompany your guest, and all guests will be required to check-in at the front desk, present proper photo identification, and sign a Guest Waiver in order to access and use the Studio. Guests must comply with all applicable EMBODI Fitness Policies while accessing and using the Studio. Without limitation to any additional EMBODI Fitness Policies, EMBODI Fitness reserves the right to, in its discretion, (1) limit the Studios and/or hours available to guests; (2) limit the number of times any one individual may access EMBODI Fitness as a guest; and (3) prevent any individual from accessing EMBODI Fitness as a guest. 

Cancellation Due to Relocation: You may cancel your membership at any time if you move your residence more than 25 miles from the Studio. You must provide EMBODI Fitness with reasonable proof of your new residency seven (7) days prior to the renewal of your membership. This cancellation policy is in addition to any cancellation provisions in your Agreement; however, EMBODI Fitness reserves the right, in its discretion, to limit, modify, or revoke this policy at any time and without further notice to you, subject to applicable law.        

No Cell Phone and Camera Use in Private Areas: Using cell phones, cameras, or any other recording devices in EMBODI Fitness locker rooms and other private spaces is strictly prohibited. Using cell phones, cameras, and other recording devices during semi-private fitness sessions is also prohibited.                              

Other Cell Phone and Camera Use: As a courtesy to other members,  we ask you to not speak on your cell phone, or utilize any video chat application, while on the Studio floor. You may take photos or videos in public areas of the Studios (including without limitation Studio floors and the front desk) solely for your personal use. You may not take photos or videos in Studios to promote your or any third party’s business, products, or services. Use of any lighting, tripods, or other such equipment is prohibited. You are expected to be respectful of other members, and you may not intentionally film another individual without their permission. If you post online or on social media a photo or video that was taken in a Studio and another individual appearing in that content complains, EMBODI Fitness reserves the right to ask you to remove the post. 

Lockers/Cubbies: Lockers and cubbies are provided solely for your benefit and convenience. You are responsible for keeping track of the personal items you bring into any Studio. EMBODI Fitness will remove any articles left in a locker or cubby overnight. 

Personal Property: You should avoid bringing valuables into the Studio premises. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBODI Fitness WILL NOT BE LIABLE FOR THE LOSS OR THEFT OF, OR DAMAGE TO, ANY PERSONAL PROPERTY OF YOU OR YOUR GUESTS, INCLUDING WITHOUT LIMITATION ANY ITEMS LEFT IN CUBBIES, STUDIOS, LOCKER ROOMS, OR ELSEWHERE IN ANY STUDIO.  

Dress Code: You are required to wear appropriate athletic attire and footwear when using Studio equipment and participating in any semi-private training sessions, private training sessions or other activities. EMBODI Fitness may deny you use of its Studios if you do not wear proper attire and footwear, as determined in EMBODI Fitness’s discretion.

Semi-Private Sessions: Semi-private fitness classes require advance booking and reservation, and you will not be permitted to participate in these sessions unless you have properly booked and reserved your spot. EMBODI Fitness may give away your reserved spot if you are not in the class at the group session start time. If you book online, you may cancel a booked session up to 6 hours before the group session starts. If you do not cancel within this allotted time period or check-in by the start of the session, you will be considered as having “missed” your booked training session which will count towards your total session count. If you cancel within the 6 hour allotted cancel window, it will be classified as a “Late Cancel”. If you miss three (3) bookings within a 30-day period, you will be prohibited from booking sessions online and you must speak to the EMBODI FItness Management team. Please avoid entering a semi-private training session late or leaving early, as this is disruptive to other members’ experience. 

No Outside Trainers: The use of personal trainers who are not employed by EMBODI Fitness is strictly prohibited at all Studios. You may not provide personal training services to, or receive personal training services from, any other member or guest, regardless of whether a fee is charged.

Children: Children under fourteen (14) years of age are not permitted to use Studio facilities, locker rooms, and equipment unless they are participating in children-specific programming offered by EMBODI Fitness. You, as a child’s parent or legal guardian, will be required to sign a waiver and release form on behalf of your child before your child may participate in any children’s programming. Children must be accompanied by a parent or legal guardian at all times unless given permission by the parent/guardian to be supervised by the EMBODI Fitness staff. EMBODI Fitness reserves the right to, in its discretion, prohibit any child who is disruptive, unsupervised, sick, or otherwise interfering with the Studio’s operations from participating in children’s programming. 

Weapons: Firearms and other weapons are strictly prohibited from being brought into Studio facilities, even if you have a permit to carry a concealed weapon. 

Service Animals and Pets: Service animals that are individually trained to work or perform tasks for individuals with disabilities (“Service Animals”) are permitted to accompany members (or other Studio guests) with disabilities to all areas of the Studio open to members. EMBODI Fitness may ask you to remove your Service Animal if, in EMBODI Fitness’s discretion, the animal is out of control and you do not take effective action to control it, if the animal is not housebroken, if the animal poses a direct threat to the health and safety of others or if the animal’s behavior otherwise fundamentally alters the nature of the Studio’s business. EMBODI Fitness reserves the right to charge you for any actual damage caused by your Service Animal. For the safety of our members and the animals, pets and “emotional support animals” are not permitted in any area of our Studios.             

Ancillary Services

No Contract: We want you to be here because you want to be here. Under no circumstances does EMBODI Fitness tie you into any long-term contract. We organize our memberships monthly. Your charge date will recur every month on the same date you signed up, and you are eligible to change up your membership by type or frequency each month.   

Automatic Monthly Renewals: To ensure the continuity of your membership benefits and access to EMBODI Fitness facilities and services, your membership will be renewed automatically on a monthly basis. The renewal will occur on the same day each month, corresponding to the start date of your initial membership. 

7-Day Membership Cancellation Policy: We ask that you convey any requests to switch membership type, terminate your membership, or pause payment a minimum of seven (7) days prior to your charge date. A formal written request is required to be processed seven days in advance of the cancellation. Please be aware that failure to provide timely notice of cancellation may result in the automatic renewal of your membership for an additional month.

24 Hour Booking Policy: In order to ensure a smooth and organized experience for all members, it is necessary to book all sessions at least 24 hours in advance. By signing up for a membership with our organization, you acknowledge and agree to adhere to the following booking requirements. Each member has access to their studio-specific WellnessLiving account. Members are asked to book via the WellnessLiving Client application with their preferred Trainer or preferred time slot. Please note that certain time slots are more popular than others, so booking for your week's sessions the Sunday before is encouraged. Late attendance to sessions is acceptable, however, members will only have access to the Studio during the duration of their booked session, subject to potential overruling by the trainers. As EMBODI Fitness makes efforts to improve and grow, booking methods are subject to change.

Session Cancellation/No-Show Policy: As session capacities are limited due to training type, we ask all members to cancel their booking no less than six (6) hours prior to the session. Members who engage in a late cancellation will be subject to a fee of $25, which will be charged to the payment method associated with their membership account.  The late cancellation fee of $25 will grant members the opportunity to reschedule the canceled session for a later date within a specified timeframe. This allows you to make up for the missed session and utilize the benefits of your membership effectively. Our trainers are committed to planning the best workout for each individual in their session, and no-shows will be processed as a “missed'' session and will count towards your total session count. 

Expiration of Sessions for Semi Private Members: Unlike Private members, Semi private member sessions expire upon the next renewal. Private sessions have a lifespan of 8 weeks from date of purchase. You may use your sessions how you like during the month itself but we encourage you to complete them before the renewal as you will not have access to them afterwards. 

Expiration of Sessions for Private Members: Each private session that is part of your membership package will remain accessible to you for a period of up to 8 weeks from the date of purchase.

Training Session Payment: You are required to pay for personal training and semi-private training sessions on or before the date of the session. EMBODI Fitness reserves the right to cancel any scheduled session for which no payment has been received at any point. If you use a session that was not otherwise paid for, EMBODI Fitness will charge the credit card or other account then on-file with EMBODI Fitness.   

Mutual Respect: Sessions are voluntary activities in which you may elect to participate. You understand and acknowledge that the nature of personal training may require close contact between you and your trainer or instructor and that he, she, or they may need to touch your body to provide adjustments and guidance as necessary. You may end your session if you feel uncomfortable at any time. If you have concerns as to how a session was conducted, please raise those concerns with the Studio General Manager. EMBODI Fitness upholds its personnel to the highest standards of professionalism and expects the same in return from you. If you make any inappropriate or sexually aggressive remarks or advances, your session will be terminated immediately and EMBODI Fitness may, in its discretion, terminate your membership or take other action it deems appropriate.

Services Rendered by EMBODI Fitness: Your purchases of any sessions are the purchase of services provided by EMBODI Fitness, not by any particular trainer or instructor, and EMBODI Fitness reserves the right to change or substitute your trainer or instructor at any time. If you have specified a gender request for your trainer and EMBODI Fitness is unable to accommodate the request for the scheduled time, EMBODI Fitness will work with you to reschedule or, if needed, cancel your session.

Discounts: EMBODI Fitness may offer certain discounts for purchasing Sessions. Any such discounts apply only to the number of Sessions purchased. Any further or additional sessions will be charged at the then-current rate for individual sessions. 

Freezing Membership

Membership Freezes: You may temporarily suspend (“Freeze”) your membership as follows:

Hold/Freeze Policy: Members are granted THREE 30-day pauses every calendar year of membership while still keeping their grandfathered rate. The membership will simply skip a single billing cycle. Every subsequent month following the account Freeze, a fifty (50) dollar charge will be billed to the member account. Any outstanding sessions to be used can be used during this hold. This policy is subject to change for reasons including but not limited to pregnancy, COVID-19, or other valid medical reasons. You can request a freeze by emailing support@embodifitnessnj.com

Freeze Type

Duration

Freeze Fee?

Non-Medical Freeze: Any reason other than medical.

3 months / year is complimentary

3+ months will subject to a freeze fee

3+ month holds will be subject to a $50 / month fee

Medical Freeze: You are medically unable to use any Studio. EMBODI Fitness may require you to provide a signed letter from your doctor and/or other reasonable evidence of necessity before granting a request for a Medical Freeze. 

Six (6) months MAX for general injuries and/or conditions

Up to nine (9) months if pregnancy related

NONE

Exclusions: You are not eligible for any Freeze if you have a past-due/overdue balance or your membership is otherwise not in good standing with EMBODI Fitness, if you have a short-term membership.

How to Request a Freeze: All Freezes must be requested as follows. Your membership will automatically revert to active status at the end of the requested Freeze period. Requests for all Freezes must be made in advance and at least seven (7) days before the intended start date. Retroactive Freezes are not permitted. You may request a Freeze by any of the following methods:

• In-person at the Studio in your membership session. You will be required to complete a Freeze Request Form. 

• You may call EMBODI Fitness main line to request a Freeze over the telephone. Visit www.embodifitnessnj.com to find the current phone number for Support Services.

Complimentary Items

As a benefit of your new membership and otherwise from time to time, EMBODI Fitness may provide you with certain complimentary or promotional items, including without limitation, complimentary personal training sessions, months of membership, or other account credits or promotional gift cards (collectively “Complimentary Items”). Complimentary Items are offered at EMBODI Fitness’s discretion, have no cash value, and are non-refundable, non-transferable, and non-descendible. Complimentary Items expire ninety (90) days after the date of issuance, unless otherwise expressly stated on a voucher or other written terms and conditions for a Complimentary Item. All applicable EMBODI Fitness Policies, including without limitation regarding booking and cancellation, apply to your use of Complimentary Items. Credits provided as a Complimentary Item may be used to purchase ancillary services and eligible retail merchandise, but may not be used towards membership dues, food and beverage purchases or any other third-party services offered at a Studio. Complimentary Items may only be redeemed and used while you are a member in good standing and will become null and void upon any cancellation of your membership. Complimentary Items will not be considered in computing the amount of any refund to which you may be entitled upon cancellation of your membership.

Referral Program

How it Works:  Each active member may invite a guest to any of their sessions. Members must notify EMBODI Fitness management at least twenty-four (24) hours before the intended scheduled session. Guests must be approved by the EMBODI Fitness management prior to the session. Members are permitted two (2) guests per month, but each guest may only join for free their first time in the EMBODI Fitness Studio. Guests are not permitted to share membership or use a member’s sessions at any time following their first free session. Guests will be required to sign a liability waiver by their trainer before participation in the session. Please note members are fully responsible for their guest’s full adherence to our EMBODI Fitness Policies.   

Who to Refer: Members receive two (2) FREE Semi Private sessions for each referral who becomes a part of EMBODI Fitness. 

Eligibility to Participate: Members who have a past-due/overdue balance or are otherwise not in good standing with EMBODI Fitness, who receive membership on a complimentary basis, have a short-term or junior membership, or are employees of EMBODI Fitness or one of its affiliates are not eligible to participate in the referral program. 

Making a Referral: You may refer a friend, family member, or acquaintance by sharing your unique referrals link via email or social media. 

You may not generate referrals by using any robotic, automated, or programmed methods, engaging in spamming or creating a website, or other means to solicit referrals from individuals you do not know. EMBODI Fitness reserves the right to, in its discretion, deny a referral, permanently disqualify you from the referrals program, or terminate the membership of any individual it believes is tampering with the functioning of or otherwise abusing the referrals program.

Your Information

Privacy Policy: We use the personal data collected through the course of your membership, including without limitation your access to and use of Studios, www.embodi (“Digital Properties''), in an effort to fulfill our commitment to offering and providing unparalleled member service. A summary of our Privacy Policy is provided for your convenience below. In the event of a conflict with the following summary and our Privacy Policy, the Privacy Policy will govern and control. We may periodically update the Privacy Policy and this summary, at our discretion, to reflect a change in our privacy practices, the Digital Properties, and applicable law. You should review the Privacy Policy from time to time to ensure you are happy with our current policies. 

• Collection of Information: Information collected may include without limitation name and contact information, the information you provide in your communication with us (including interactions on social media), demographic information, credit card, and other payment information, information on how you use and interact with EMBODI Fitness and its Studios and Digital Properties (including without limitation information on check-ins, session bookings, personal training preferences, and session notes and logs from your trainer or instructor), browser and device information, and other information you provided to us (including without limitation information regarding health, physical condition, nutrition, recovery, fitness goals, and workout results).

• Use of Information: Information may be used to, without limitation, administer your membership and provide you with ancillary services such as personal training; respond to your inquiries and questions, provide special offers and promotional materials (see Marketing Communications below), communicate with you regarding your account, billing, Studio updates, and operational information; provide EMBODI Fitness products and services and otherwise satisfy EMBODI Fitness’s legitimate business purposes and needs. Information may be combined with other information collected about you during the course of your relationship with EMBODI Fitness. Depending on the nature of the communication, EMBODI Fitness may contact you by mail, email, telephone, text, or other means, automated or otherwise. 

• Disclose of Information: Information may be disclosed to third parties as needed to administer your membership and operate EMBODI Fitness’s business, including without limitation for compliance, legal and protection purposes. EMBODI Fitness may share your information with its affiliated companies, including without limitation, furthermore, who may use your information for their own business needs, including without limitation to send you communications on their behalf. EMBODI Fitness may share third parties certain aggregated and/or anonymized data with third parties that may include your information but does not identify you. In the event of a merger, sale of the business, or other corporate transaction, information will be transferred to the relevant third party without notice to you.

Marketing and Your Consent

EMBODI Fitness will always ask for your consent to obtain content from members for our marketing and social media. If at any point this makes you or any other member of the EMBODI Fitness uncomfortable in any way, we strongly encourage you to decline consent. We want your comfortability and feeling of security in our spaces to remain untarnished. EMBODI Fitness may use your personal data to provide special offers, promotions, and information about EMBODI Fitness and our service offerings to you. We may also use your personal data to determine if you are eligible for certain offers - for example, discounted membership rates. We may also send you newsletters and information about products, services, and promotions of our business partners and affiliates that we think you may find interesting. 

Where required by applicable law, we will obtain your consent to send you marketing communications. If you do not wish to receive any marketing emails, you can opt-out of future mailings by clicking on the unsubscribe link located at the bottom of the relevant email. If you are a member and have established an account on Digital Properties, you can also unsubscribe at any time by logging in and adjusting your communication preferences. Although we strive to update our email list as frequently as possible, you might receive another promotional email before we are able to remove you from our lists. If you are a member, please note that even if you opt-out of receiving promotional emails, you will continue to receive administrative and operational communications regarding your membership, such as notices regarding billing or Studio closures, as described above. 

Waiver, Release, and Assumption of Risk

1. The undersigned member (hereinafter referred to as Member) understands and agrees that they are voluntarily participating in physical activities which may expose them to some level of risk or injury, and Member represents that they are aware of the nature of these activities and agrees to accept any and all risks associated with your participation in these activities.  

2. Member represents that they are in good physical health and that Member shall notify the EMBODI Fitness studio (hereinafter referred to as Studio) in writing if they become unable to participate in an activity due to some physical or mental considerations. In consideration of the Studio allowing Member to participate in physical activity within the facilities of the Studio and use the Studio’s equipment, Member agrees to indemnify and hold the Studio harmless, as well as Studio staff against loss from any and all claims of negligence, demands, rights, or causes of actions of any kind or nature that may hereafter or at any time be made or brought by Member or on Member’s behalf for any known or unknown, foreseen and unforeseen bodily or personal injuries, damages to property and consequences thereof which may be sustained by member as a direct or indirect result of participating in the aforementioned activities and use of the equipment of the Studio.  

3. The provision of this paragraph shall continue in full force and effect even after the termination of Member’s membership in the Studio.  

4. Member has read and fully agrees to the terms of the EMBODI Fitness Policy and this Agreement. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to them. Member certifies and warrants that they are 18 years of age or older and mentally competent to enter into this Agreement.