Effective Date: This Privacy Policy was last updated on OCTOBER 21, 2023.
GRITT LLC. and its subsidiaries operating under the GRITT brand (collectively, “GRITT”, “we”, “us”, or “our”) respect your privacy and use your personal information to fulfill our commitment to offering and providing an unparalleled member experience. This Privacy Policy (“Privacy Policy”) describes the privacy practices of GRITT, including the types of personal information we obtain, how we use this personal information, with whom we share it, and the choices available regarding our use of the information. This Privacy Policy also describes our measures to safeguard personal information and how you can contact us about our privacy policies.
This Privacy Policy applies to the personal information we obtain when you interact with GRITT, including but not limited to when they visit and use our GRITT-branded locations (our “Studios”), use http://www.grittny.com, and any other websites, mobile apps, or online services or platforms of GRITT on which this Privacy Policy is included or linked to (collectively, the “Sites”), apply for a job with us or otherwise connect with us.
This Privacy Policy does not apply to GRITT products and services that have separate privacy policies, including without limitation the Privacy Policies of our affiliated companies SEN Health Coaching as further described herein.
INFORMATION WE COLLECT
The types of personal information we collect include:
· Contact information, such as name, email and postal address, and phone number.
· Professional information, such as job title and employer details.
· Login credentials (e.g., username and password).
· Payment and financial information, such as your credit/debit card number, expiration date, security code, bank account number, and billing address.
· Demographic information you provide when you visit or become a member of a GRITT Studio, such as date of birth, age, and gender identity or expression.
· Information and data regarding your fitness, health, nutrition, activities, biological characteristics, training goals, programs, and progress.
· COVID-19 screening information, such as health declarations and vaccination status.
· Membership and usage information, such as membership ID, the Clubs you visit and the times you check in, workouts you log, classes you book, the information provided when you purchase or schedule training sessions and spa treatments, and transaction history.
· Personal preferences such as favorite clubs, classes, and instructors.
· Account information if you establish an online account with us, such as login credentials (e.g., username and password).
· Images and videos, including photographs and CCTV video footage.
· The geolocation of your device if you consent to collect this data.
· Biometric information such as facial geometry scans or other facial recognition information.
· Information in connection with applying for a job at GRITT LLC, such as employer and employment history, education, job function, salary, professional certifications, and other resume information.
· Social media handles, content, and other information that you post to our social media pages or tag us on your social media pages, and information we obtain from third-party social media services (e.g., Facebook) if you choose to link to or create or log in to your GRITT online account through, these services.
· Information from third-party fitness devices, apps, or services (e.g., Apple Health) or from our affiliates or third-party partners’ sites, apps, products, services or offerings (e.g., GRITT) (the foregoing, collectively “Connected Accounts”), if you choose to connect any of the foregoing to your GRITT account or our Sites, or if you chose to use your GRITT account to log into or validate your account with any Connected Account.
· Other Information you provide to us, including through emails and other communications, surveys, information or content transmitted or uploaded through your GRITT account (such as posts to message boards), and interactions with GRITT and its personnel, or information when you enter any sweepstakes, contests or promotions we may offer.
In many cases, we will collect the personal information described above directly from you. In some cases, however, we will collect the information from other sources, such as:
· Affiliates, subsidiaries, and parent companies: we may obtain your personal information from other GRITT entities and affiliated companies, including but not limited to SEN HEALTH COACHING. For example, if you are also in one of our health coaching programs, we may receive information about your health to provide you with access to our apps.
· Business partners: we may obtain your information from other businesses with which we partner to provide you with products, services, or offers we believe may interest you, including our on-property partners such as cafes and through any Connected Accounts.
· Friends and family: we may obtain your information from your friends and family, such as when they refer to you our products, services, or other offers.
· Other sources: we may obtain information from other sources such as publicly available databases, joint marketing partners, social media platforms, consumer data resellers, online advertising companies, and vendors who provide services on our behalf.
INFORMATION WE OBTAIN BY AUTOMATED MEANS
When you interact with our Sites or when you connect to our Wi-Fi network at one of our Studios, we obtain certain information by automated means, such as cookies, web server logs, web beacons, and other technologies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected devices to identify the visitor’s browser uniquely or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.
We use these automated technologies to collect information about your equipment, devices, internet connection, browsing actions, and usage patterns. The information we obtain in this manner may include your IP address, identifiers associated with your devices, types of devices connected to our services, web browser characteristics, browsing history, device characteristics, language preferences, referring/exit pages, clickstream data, and dates and times of visits to our Sites. We may also obtain information about how you interact with the Sites, such as features and pages you visit, search queries, and download errors. These technologies help us (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with our products and services; (3) tailor the products and services around your preferences; (4) measure the usability of our products and services and the effectiveness of our communications; and (5) otherwise manage and enhance our products and services.
Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Sites. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device.
Information about our cookie practices and how to change your cookie settings is available in our “Cookies Policy” below. To the extent required by applicable law, we will obtain your consent before using cookies or similar tools.
Certain web browsers allow you to instruct your browser to send Do Not Track (“DNT”) signals to websites you visit, informing those sites that you do not want your online activities to be tracked. At this time, our Sites are not designed to respond to DNT signals or similar mechanisms from browsers. For information about Do Not Track, please visit: www.allaboutdnt.org. For California residents, please refer to our California Consumer Privacy Statement for information on how you can opt out of selling or sharing (for cross-context behavioral advertising purposes) personal information using the Global Privacy Control.
HOW WE USE YOUR INFORMATION
We use the personal information we obtain about you to perform our contract with you or to take steps at your request prior to entering into a contract with you, including to:
· Provide our services, products and other offerings to you.
· Provide a seamless and integrated experience across Connected Accounts.
· Establish, manage and administer your membership and account with us, including verifying customer information and carrying out billing functions. We reserve the right to use any contact information held on file (including email, mailing address, and telephone or mobile phone) to contact to you when administering your membership.
· Provide a safe environment for our employees and members, including determining any potential COVID-19 exposure.
· Process and fulfill your purchases in connection with our membership opportunities, products and services (e.g., training sessions, retail purchases and spa treatments), and keeping you informed about the status of your membership and purchases.
· Provide customer support services.
· Manage career opportunities, including for recruitment purposes, candidate screening, interviewing and evaluation, and employee onboarding.
· Establish and manage our relationships with vendors, providers, suppliers, and consultants.
We also use the information we obtain based on our legitimate interests and business purposes, including the following:
· Personalize and improve your experience on the Sites and at our Clubs.
· Provide you with a more personalized and relevant membership with GRITT
· Communicate with you about our products and services and send you promotional and other marketing communications. See the “YOUR CHOICE” section below to learn how you can opt out of these communications.
· Communicate with you about and administer your participation in sweepstakes, surveys, events, programs, contests, promotions, and other offers.
· Enable our affiliated companies and business partners (e.g., on-premises cafes and charitable organizations we partner with) to provide you with products and services and send you information you requested or think may interest you about their products or services.
· Respond to your requests and inquiries.
· Manage our business relationships.
· Operate, evaluate, develop, manage and improve our business, including by operating, administering, analyzing and improving our Sites, products and services; conducting research and developing new products and services; managing and evaluating the effectiveness of our communications; performing accounting, auditing, billing, reconciliation and collection activities and other internal functions.
· Perform analytics (including market research, trend analysis, financial analysis, and anonymization of personal information);
· Protect against, identify and prevent safety and security issues, fraud and other criminal activity, claims and other liabilities; and
· Conduct investigations and comply with and enforce applicable legal requirements, relevant industry standards, and our policies and terms, and for the establishment, exercise or defense of legal claims, whether in court proceedings or in administrative or out-of-court procedures.
We use your personal information for these purposes because we have a legitimate business interest in providing services to our members, guests and other interested individuals that is not overridden by your interests, rights and freedoms to protect personal information about you.
Where we need to collect personal information by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (e.g., to process your payment). In this case, we may not be able to provide you with the product or service you have requested but we will endeavor to notify you if this is the case.
We also may use the information we collect about you in other ways for which we will provide specific notice at the time of collection and obtain your consent if required by applicable law.
THIRD-PARTY ANALYTICS SERVICES
We use third-party web analytics services on our Sites, such as Google Analytics and CONSTANT CONTACT. The service providers that administer these services use automated technologies to collect data (such as IP addresses) to evaluate the use of the Sites.
To learn more about these analytics services, please see our “COOKIES POLICY” below. To learn how to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.
INTERNET-BASED ADVERTISING
When you visit our Sites, we may collect information about your online activities to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. This section of our Privacy Policy provides details and explains how to exercise your choices.
You may see certain ads on other websites because we engage third-party ad-buying networks (such as Google Ads and Facebook). Through such ad networks, we can target our messaging to users through demographic, interest-based, and contextual means. These networks track your online activities over time and across multiple websites by collecting information through automated means, including through the use of third-party cookies, web server logs, pixels and web beacons. The networks use this information to show you ads that may be tailored to your individual interests. The information our ad networks may collect on our behalf includes data about your visits to websites that serve GRITT advertisements, such as the pages or advertisements you view and the actions you take on the websites. This data collection occurs both on our Sites and third-party websites that participate in these ad networks. This process also helps us track the effectiveness of our marketing efforts.
To learn how to opt out of ad network interest-based advertising in the U.S., please visit http://www.aboutads.info/choices and http://www.networkadvertising.org/choices. To the extent required by applicable law, we will obtain your consent before using your information for interest-based advertising.
INFORMATION SHARING
We share your personal information with our vendors and other advisors such as law firms and auditors, who perform services or functions on our behalf, such as vendors who assist GRITT in maintaining the Sites, sending postal mail and email, managing and updating member lists and records, analyzing data, and facilitating customer service. In accordance with applicable law, we have entered into appropriate written agreements with our vendors and we do not authorize our vendors to retain, use or disclose the information for any purpose other than the specific purpose of performing services on our behalf or complying with legal requirements. However, in certain instances vendors may use aggregated, de-identified information for their reasonable business purposes such as improving their products or services or for statistical reporting.
We may share your personal information with our affiliates, partnerships, subsidiaries, and parent companies, including GRITT LLC, SEN, . In addition, we may share your personal information with other businesses with which we partner to provide you with products, services, or offers we believe may be of interest to you, including on-premises businesses and charitable organizations we partner with.
In accordance with applicable law, we may disclose information about you:
· If we are required to do so by law or legal process (such as a court order or subpoena).
· In response to requests by government agencies, such as law enforcement authorities.
· To establish or defend our legal rights or to enforce our membership agreement, terms and conditions and other contracts with you.
· When we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss.
· In connection with an investigation of suspected or actual illegal activity or violation of our membership rules and policies.
We may otherwise disclose information where we have obtained your consent to do so. We also reserve the right to assign or transfer any information we have about you in the event of any merger, acquisition, sale of assets, sale of our business, joint venture, reorganization, divestiture, dissolution, liquidation, or other corporate transaction involving us or any of our parent companies or affiliates.
Social Media and Third Party Apps: We may share information with social networks when you interact with the Sites (e.g., clicking a Facebook “like” button) or connect your social media accounts to a Site. If you elect to connect Third Party Apps to the Sites, your information may also be shared with these third parties. Please see below for more information on this, as we do not control these third parties or their privacy practices.
YOUR CHOICES
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 on the bottom of the relevant email. If you are a member and have an account on the Sites, you can unsubscribe at any time by logging in and adjusting your communications preferences. 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, session reminders or club closures.
TEXT MESSAGES
In certain instances, the Sites may allow you to elect to communicate with GRITT via text message, including in connection with scheduling a visit to one of our GRITT locations. By electing to receive text messages, you are expressly consenting to receive text messages made using an automatic telephone dialing system from GRITT or its service providers, and you also understand and agree that data rates and charges may apply and that you are solely responsible for all associated costs assessed by your telecommunication carrier or provider. Providing this consent is not a condition of becoming a member of GRITT or receiving any goods or services from GRITT.
You may opt out from receiving text message at any time by either replying STOP or END to a text you have from GRITT or by texting STOP or END to (631) 527-8787 at any time. Please note that you may receive a confirmation text acknowledging you have unsubscribed. Please allow five (5) business days to process your request.
THIRD-PARTY SITES AND CONNECTED ACCOUNTS
For your convenience, the Sites may contain links to other online services or otherwise enable you to connect with third party sites, features, plug-Ins, tools, widgets, social media platforms or apps such as Facebook, Instagram, Twitter, YouTube and Apple (collectively “Third-Party Sites”). or they may enable you to connect or link to, or otherwise use your GRITT account in connection with, Connected Accounts. Third-Party Sites operate independently from us, and the privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy policies of those third-parties. You acknowledge and agree that your interactions with those Third-Party Sites and Connected Accounts, and your rights and obligations when accessing and using Third-Party Sites and Connected Accounts, are not governed by this Privacy Policy (or the GRITT Terms of Use) and will instead be governed by the terms and policies of those Third-Party Sites. We encourage you to carefully read those terms and policies, as they may differ from ours.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR THE NATURE AND CONTENTS OF ANY FOR THE PRACTICES OF, OR THE COLLECTION, USE OR SHARING OF YOUR PERSONAL INFORMATION BY, ANY THIRD-PARTY SITES OR CONNECTED ACCOUNTS.
HOW WE PROTECT PERSONAL INFORMATION
GRITT maintains administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
INTENDED FOR USE BY ADULTS
The Sites are intended for use by adults, and you may use the Sites only if you are at least eighteen (18) years of age or, consistent with our membership policies, have parental consent if you are sixteen (16) or seventeen (17) years old. The Sites are not intended for or directed to children under the age of thirteen (13), and we do not knowingly collect or store any personal information from children under the age of thirteen (13).
UPDATES TO OUR PRIVACY POLICY
We may periodically update this Privacy Policy, in our discretion, to reflect change in our privacy practices, the Sites and applicable law. We will post a notice on the Sites to notify you of significant changes to our Privacy Policy and indicate at the top of this Privacy Policy when it was most recently updated. You should check this page from time to time to ensure you are happy with our current Privacy Policy.
CONTACT GRITT
If you have questions regarding our Privacy Policy, please contact us at admin@grittny.com. Please contact admin@grittny.com for questions regarding your GRITT membership. For general questions regarding GRITT, or the Sites, please visit http://www.grittny.com/contactus. Your feedback is always welcome and appreciated.
TERMS & CONDITIONS
•Please read this Agreement carefully, as it contains important information regarding your legal rights, including without limitation your release and waiver of liability, mandatory arbitration, and your waiver of class relief. •YOU HAVE A RIGHT TO CANCEL THIS AGREEMENT WITHIN THREE (3) NATURAL DAYS OF THE DATE FIRST WRITTEN ABOVE. See Sections 2.7 and 3.1 of this Agreement for more information. • Minimum Commitment: Your Membership requires an initial non-negotiable commitment of 52 weeks (the “Initial Period”). Except for the limited cancellation rights expressly set forth in Sections 3.1 and 3.2 below, you may not cancel or otherwise terminate this Agreement during the applicable commitment period.
•MONTHLY MEMBERSHIPS AND THIS AGREEMENT WILL AUTOMATICALLY RENEW ON A CONTINUOUS FOUR WEEK TO FOUR WEEK PERIOD. AT THE END OF THE ANNUAL PERIOD, UNLESS CANCELLED UNDER SECTION 3 OF THIS AGREEMENT. PAID-IN-FULL MEMBERSHIPS AUTOMATICALLY EXPIRE UNLESS RENEWED. SEE SECTION 1.3 OF THIS AGREEMENT FOR MORE INFORMATION.
CHECK-IN POLICY
Members must check in upon arrival each time they are present in the GRITT studio via app or front desk check-in by staff. Class may be denied if a member is late to the scheduled class time. Be courteous and respectful of your time and others. GRITT LLC may either close or operate at reduced hours on Holidays.
NO-SHOW / LATE CLASS CANCELATION
GRITT LLC will charge 20.00 dollars per no-show and/or late class cancellation. A late cancellation is anything four hours or less before any class.
Class capacity is limited, and GRITT LLC will charge 20.00 dollars if and when the class has a waiting list and the member on the confirmed class schedule does not attend the class and does not cancel.
Billing specific to your membership: Every FOUR weeks, UNLESS specifically requested to be billed weekly or biweekly.
Equipment
All equipment should be used as designed. Member must ask a Staff member if they are unfamiliar with the proper use of all equipment. Member must observe all GRITT rules and regulations while at the studio. Members who abuse or damage equipment will be asked to leave. Management reserves the right to terminate the membership of any member who refuses to abide by the rules and regulations at GRITT LLC.
Conduct
Each member and staff's health, safety, and welfare are essential to GRITT LLC. We will not tolerate unreasonable, demeaning, obscene, threatening, harassing, illegal, or indecent behavior. Any unacceptable behavior will result in the automatic termination of membership. Fees will apply.
Damages
Member shall be responsible for any damages to the Studio resulting from willful negligent conduct by a member or guest.
Lost Articles
Any lost or found items not claimed will be disposed of, and GRITT LLC does not assume responsibility for lost or stolen items.
>>THIS NOTICE PROVIDES IMPORTANT INFORMATION ABOUT YOUR PAYMENT OPTIONS<<
You may make payments on an installment (i.e., FOUR WEEK) basis or in a single (i.e., annual) payment. Paying the full amount may be less expensive but may involve financial risks. Read this notice carefully before making a decision. In deciding whether to make your payments on an installment basis, you should be aware that if the studio closes, although the studio will remain legally liable for a refund, you may risk losing your money if the studio is unable to meet its financial obligations to members. BY SIGNING BELOW, I AM ACKNOWLEDGING THAT I HAVE RECEIVED, READ, UNDERSTAND, AND CONSENT TO THIS AGREEMENT AND THE FOLLOWING MEMBERSHIP TERMS, INCLUDING THAT THIS AGREEMENT WILL AUTOMATICALLY CONTINUE UNTIL IT IS CANCELLED BY ME OR GRITT. I ALSO ACKNOWLEDGE AND CONSENT TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, MY COMPLIANCE WITH THIS AGREEMENT AND THE GRITT POLICIES DESCRIBED IN THIS AGREEMENT.
1.YOUR MEMBERSHIP
1.1 Overview: This Agreement sets forth the terms and conditions that apply to your membership (“Membership”) to GRITT FITNESS STUDIOS and, if included within your Membership class, GRITT FITNESS STUDIOS (collectively, “Studios”). You are responsible for complying with this Agreement. A copy of your Agreement will be e-mailed to you upon joining at the e-mail address provided by you. You may also contact GRITT to obtain another copy of your Agreement. 1.2 Minimum Commitment: Your Membership requires an initial non-negotiable commitment of three (13) months or 52-weeks. (the “Initial Period”). If you decide not to continue after the 52-WEEK period, you MUST notify us before the end of that period. If no notice is given, your Membership will automatically convert into another twelve (13) month agreement (52 weeks). Except for the limited cancellation rights expressly set forth in Sections 3.1 and 3.2 below, you may not cancel or otherwise terminate this Agreement during the applicable commitment period.
1.3 Renewals: If you have a monthly Membership, your Membership and this Agreement will automatically renew at the end of the annual agreement and continue until your Membership is canceled by you or GRITT, as described in Section 3. If you have a paid-in-full annual Membership, your Membership and this Agreement will automatically expire at the end of the annual period unless you renew your Membership. You authorize GRITT to contact you, using any contact information on-file with GRITT, to discuss your renewal options. You may also visit or contact GRITT to renew your Membership. Membership Dues for all four week periods and paid-in-full Membership renewals are subject to pricing changes, as described in Section 2.1. 1.4 Membership Freezes: For your convenience, you have certain options to temporarily suspend or “freeze” your account for up to (6) weeks, or longer for ONLY medically-necessitated freezes, as further described in the GRITT Policies (as defined in Section 5.1). Non-medical freezes are subject to an additional fee and management approval. GRITT reserves the right to modify its freeze policy from time to time at its sole discretion. 1.5 Non-Transferable: Your Membership is personal to you and is non-transferable and non-descendible. Only you may use your Membership, and you may not permit any other individual to access and use any Studio under your Membership.
1.6 Changes to Membership Class: You may change your Membership class at any time, subject to the following conditions. Your Membership Dues (as defined in Section 2.1) will be increased (or decreased) to the then-current membership rate for your new Membership class, and you will be required to sign a new Payment/Electronic Funds Transfer Authorization form and in GRITT’s discretion, a new membership agreement. GRITT also reserves the right to charge you an upgrade or downgrade fee. GRITT reserves the right to, in its discretion at any time, modify the names of and/or studio locations and service offerings provided within one or more of its Membership classes. 1.7 Home Studio: Your “Home Studio” is the Studio at which your Membership was purchased and is listed at the beginning of this Agreement. You may transfer your Home Studio to another Studio, subject to the following conditions. You may only transfer your Home Studio to another Studio within your Membership class. If you have a “Select” Membership, this means you may only transfer to another Studio that offers “Select” membership (and your Membership Dues will be adjusted to the then-current membership rate for such other Studio). If you want to transfer to a Studio that does not offer “Select” membership, you will need to upgrade your Membership class to do so. GRITT reserves the right to charge you a fee for transferring your Home Studio. 1.8 Studio Exclusions: You may only access and use the Studio(s) within your purchased Membership class. During your Membership, GRITT may, in its discretion, exclude certain studios from various Membership classes or otherwise limit your access to certain studios. Once GRITT implements an exclusion or limitation, you will no longer have the right to access or use such affected Studios), notwithstanding any “All Access” or other similar designation of Membership class and/or notwithstanding that such Studio(s) may be located within your regional area. Contact GRITT ADMIN for a current list of excluded Studios. 1.9 Studio Closures: During your Membership, GRITT may, in its discretion, temporarily close or suspend or limit your access to certain Studios or areas, features or amenities of a Studio, for purposes of renovation, special events or otherwise, at any time and in its sole discretion. 1.10 Corporate Members: If you join GRITT under an arrangement between your current employer and GRITT, additional or alternative pricing, benefits, terms, and conditions may apply to your Membership, as agreed in the terms between your employer and GRITT. Depending on the terms between your employer and GRITT, your Membership may automatically be canceled once you leave your employment. If there is a conflict between this Agreement and the terms between your employer and GRITT, those terms between your employer and GRITT will control. Contact your employer with any questions regarding any special terms that may apply to your corporate Membership.
2.PAYMENT POLICIES
2.1 Annual Fee; Membership Dues: Unless expressly waived by GRITT, you will be required to pay an annual maintenance fee, which is due and payable as of the date you sign and for every year you continue to renew this Agreement. During the Initial Period, your four-week tuition/ Dues (or, for paid-in-full memberships, annual) membership dues (“Membership Dues”) will remain at the rate set forth on page 1 of this Agreement (unless you change your Membership class or Home Studio, as described in Section 1.6 and Section 1.7.) After the Annual Period, GRITT may, in its discretion, increase or otherwise modify your Membership Dues upon at least thirty (30) days’ notice to you. GRITT may also, in its discretion and at any time, change the date on which electronic funds transfers are processed, upon at least thirty (30) days’ notice to you. Notices under this Section 2.1 will be provided as described in Section 6. Membership Dues are not based on or related to actual usage of Studios and, unless you have frozen your Membership in accordance with GRITT Policies, you are responsible for the payment of your Membership Dues in full regardless of your use of, or failure to use, any Studios.2.2 Ancillary Charges: You are responsible for paying all amounts you incur during your Membership, including without limitation fees for personal training and health coaching sessions and other ancillary services, as well as purchases of retail or other items (collectively, “Ancillary Charges”). Payment for Ancillary Charges is due in full at the time of purchase, and GRITT has no obligation to provide you with any ancillary service or good until it has received such payment. Pricing for all Ancillary Charges is in GRITT’s discretion and may be prospectively modified by GRITT at any time, with or without notice to you. 2.3 Non-Refundable: Your annual maintenance fee, Membership Dues and Ancillary Charges are non-refundable, and, unless otherwise expressly set forth in Section 3, you will not receive a refund of any annual maintenance fee, Membership Dues or Ancillary Charges as a result of Membership cancellation or otherwise. From time to time GRITT may provide you with certain complimentary or promotional items, as further described in the GRITT Policies. Complimentary items have no cash value, and you are not entitled to any refund or other amount for any complimentary item. 2.4 Good Standing: You are required to keep your Membership in good standing by ensuring all Membership Dues and any Ancillary Charges are paid on time. You are responsible for promptly notifying GRITT of any changes to your credit card, checking account or other payment account information (“Payment Information”). 2.5 Separate Buyer: If another individual (a “Buyer”) purchased your Membership on your behalf and agreed to have their Payment Information retained on-file with GRITT, you, not Buyer, are ultimately liable for all Membership Dues and Ancillary Charges payable hereunder and you agree to make all payments hereunder in the event Buyer fails to do so. This Agreement does not provide Buyer with any rights of Membership and Buyer may not access and use Studios under your Membership. 2.6 Past-Due Balances: GRITT reserves the right to take any lawful action in response to any past-due Membership Dues and/or Ancillary Charges, including, without limitation: (1) charging the Payment Information then on-file with GRITT; (2) cancelling your Membership or otherwise suspending your access to Studios until all past-due amounts are paid; (3) charging you interest on past-due amounts; and/or (4) providing your information, including without limitation name and contact information, to a collections agency who will attempt to collect your past-due amounts on behalf of GRITT. You will be responsible for any collection and/or legal costs incurred by GRITT in collecting any past-due amounts associated with your Membership. GRITT may charge you a $20 fee for each credit card charge or check that is dishonored or rejected as invalid. Please note that cancellation of your Membership will not relieve you of your obligation to pay any past-due or outstanding amounts. 2.7 Payments in Accepted Cryptocurrency: (a) GRITT has partnered with Coinbase to enable you to pay annual Membership Dues (“Annual Membership Dues”) for the “All Access” and “Destination” Membership classes using certain virtual currencies accepted as payment by Coinbase (each, an “Accepted Cryptocurrency”). At the time of payment via our app, via Coinbase, the designated Accepted Cryptocurrency will be debited from my designated digital wallet at the then-current U.S. Dollar exchange rate provided by Coinbase. (b) Refunds of Accepted Cryptocurrency: If you elect to pay Annual Membership Dues using an Accepted Cryptocurrency and are entitled to a refund in accordance with Section 3 below, such refund shall be issued solely in U.S. Dollars equal to the U.S. Dollar equivalent of the cryptocurrency accepted on the date and time of the original payment for purposes of 3.1, or a pro-rated amount in accordance with Section 3.2. YOU UNDERSTAND AND ACCEPT THAT ALL ACCEPTED CRYPTOCURRENCY IS SUBJECT TO POTENTIAL EXCHANGE RATE RISK, MEANING THAT THE ACCEPTED CRYPTOCURRENCY USED TO PAY YOUR ANNUAL MEMBERSHIP DUES MAY HAVE EITHER APPRECIATED OR DEPRECIATED IN VALUE RELATIVE TO U.S. DOLLAR SINCE THE DATE OF YOUR ORIGINAL PAYMENT. GRITT IS NOT LIABLE TO YOU FOR ANY LOSSES THAT YOU MAY INCUR DUE TO ANY SUCH FLUCTUATIONS. U.S. DOLLAR REFUNDS WILL BE MADE VIA PHYSICAL CHECK MAILED TO YOUR ADDRESS OF RECORD.
3. CANCELLATION RIGHTS
3.1 CUSTOMER'S RIGHT TO CANCELLATION: YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) NATURAL DAYS FROM THE DATE LISTED ON PAGE 1 OF THIS AGREEMENT. To exercise this cancellation right, you must notify GRITT in accordance with Section 3.4 below. Notice should be accompanied by a copy of your Agreement, as well as any membership cards or fobs or other membership documentation given to you by GRITT. Within thirty (30) business days after GRITT receives notice of such cancellation via e-mail at admin@grittny.com, it will refund all amounts previously paid under this Agreement to the original method of payment or, in the case of a payment made via an Accepted Cryptocurrency, you will receive a physical check as provided in Section 2.7.
3.2 ADDITIONAL RIGHTS TO CANCELLATION: You may also cancel your Membership and this Agreement at any time by paying 50% of the balance of this annual agreement or for any of the following reasons:
(1) If upon doctor's order, you cannot physically receive the services because of a significant physical disability for a period in excess of (6) months, as evidenced by a signed letter from your doctor or other reasonable proof your significant physical disability;
(2)If you die, your estate will be relieved of any further obligation for Membership Dues payments under this Agreement not then due and owing or a pro-rated refund of Annual Membership Dues, as applicable, as evidenced by a death certificate or other reasonable confirmation of death;
(3)If you move your residence more than twenty-five (25) miles from any Studio operated by GRITT, as evidenced by reasonable proof of your new residency; or
(4)If the services cease to be offered as stated in this Agreement, i.e., they are no longer available or substantially available as stated in this Agreement due to GRITT’s permanent discontinuance of operation or substantial change in operation.
You may exercise these rights to cancel your Membership and this Agreement by notifying GRITT in accordance with Section 3.4 below.
3.3 Four-week/Monthly Membership Cancellation after the Initial Period: If you do not wish to continue your annual membership after the Initial Period, you may cancel your Membership and this Agreement upon paying 50% of the balance of this annual agreement. For clarity, your balance would be 50% of your remaining 52 weeks of the annual agreement, which is your remaining weeks within the annual agreement (52 week) times .50 does not allow you to continue using the studio’s facilities. The cancellation will go into effect after the cancellation fee has been collected. All notices of cancellation must be provided in accordance with Section 3.4 of this Agreement. GRITT reserves the right, in its discretion, to require you to pre-pay all Membership Dues through the date your cancellation goes into effect. Please note you will not receive a refund of any Ancillary Charges, including without limitation for any sessions which remain unused at the time your cancellation goes into effect.
3.4 How to Cancel Your Membership: You may cancel your Membership and this Agreement by any of the following methods:
(1)In-person at any Studio in your Membership class.
(2)By certified or registered United States mail to GRITT – 568 Main St, Islip, New York, 11751. Your cancellation notice must include your full name, membership ID number, and contact information.
(3)By email to admin@grittny.com. You should send the cancellation email from your email address on file with GRITT. Your cancellation notice must include your full name, membership ID number, and contact information, and if applicable to your reason for canceling, you must attach your proof of relocation in your name.
You are responsible for retaining (and presenting, if necessary) all records relating to your cancellation of Membership. In the event of a dispute as to whether and when notice of cancellation was received, GRITT’s records will control.
3.5 Revocation of Membership: GRITT may, in its discretion, revoke or suspend your Membership, or limit your right to access certain Studios or participate in certain Studio offerings or ancillary services, upon notice to you provided at any time and for any reason, including without limitation failure to pay Membership Dues or Ancillary Charges or failure to comply with GRITT Policies (as defined in Section 5.1). In some cases, notice of revocation or suspension may be provided orally by a Studio General Manager, GRITT Admin, or GRITT Regional or Corporate management. If GRITT revokes your Membership, it will promptly refund, using the Payment Information on-file with GRITT, any prepaid unused Membership Dues and any prepaid unused Ancillary Charges, less any outstanding amounts which may be owed to GRITT hereunder. Revocation or suspension of Membership will be without limitation to any other rights or remedies which GRITT may have at law or in equity, and GRITT reserves the right to, in its discretion, prohibit you from rejoining GRITT in the future.
4.MEMBERSHIP POLICIES
4.1 GRITT Policies: You agree to abide by all Membership and Studio rules, regulations, policies, procedures and schedules of GRITT, including without limitation those which may be posted at a Studio, on GRITT’s website and/or mobile app or issued orally by a Studio General Manager, Assistant General Manager or by Regional or Corporate management (“GRITT Policies”). A current copy of key GRITT Policies is attached as Annex A to this Agreement and is also available to you at any time in your digital account on http://www.grittny.com. GRITT may, in its discretion, prospectively amend or supplement the GRITT Policies at any time, with or without prior notice to you. Contact Studio management or GRITT’s admin for questions regarding GRITT Policies.
4.2 Cell Phone and Camera Use: Using cell phones, cameras or any other recording devices in GRITT locker rooms and other private spaces such as bathrooms rooms, locker rooms strictly prohibited. See Annex A to this Agreement for additional GRITT Policies regarding use of cell phones, cameras and other recording devices while at Studios.
4.3Ancillary Services: Your purchase and use of any ancillary services and/or goods such as personal training, strength training, health coaching, group classes is subject to the GRITT Policies, including without limitation policies for booking, cancellation and expiration dates. See Annex A to this Agreement for additional GRITT Policies for ancillary services.
4.4 Your Information: As a member, GRITT will collect, use and disclose your personal information, as further described in the GRITT Policies. Your information may be used for promotional and marketing purposes and may be disclosed to and used by GRITT’s affiliates and/or certain third parties. See Annex A to this Agreement for additional information on GRITT’s collection, use and disclosure of information.
4.5 Third-Party Services: GRITT may make goods or services of certain third parties, including without limitation juice bar and café operators and cryotherapy or chiropractic providers (“Third-Party Services”) available to you. Third-Party Services are provided for your convenience and may be discontinued at any time, with or without notice to you. Third-Party Services are not controlled by GRITT and should not be viewed as any endorsement by, or affiliation with, GRITT. You may be required to acknowledge or sign additional third-party terms and conditions in order to use Third-Party Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRITT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY SERVICES AND HEREBY DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE OR INJURY ARISING OUT OF OR IN CONNECTION WITH SUCH THIRD-PARTY SERVICES, THE ASSOCIATED PROVIDERS, AND YOUR USE THEREOF.
5.NOTICES
Your notice of cancellation must be provided in accordance with Section 3.4 above. GRITT has the right to communicate with you regarding your Membership, this Agreement or otherwise by any lawful method, including without limitation by mail, courier, telephone, email, and text message, and may communicate with you using any contact information you have provided to GRITT. GRITT may also provide general member-facing or Studio-facing communications or notices (if provided), including without limitation changes to GRITT Policies and notices regarding inclement weather or change to operating hours, within Studios, on the GRITT website and/or GRITT mobile app. Notices will be deemed given by GRITT on the date deposited in the mail or given to a courier, the date a phone call is made or an email or text is sent, or the date posted in Studio, online or in-app. You are responsible for providing accurate, current contact information and must promptly notify GRITT if any of your contact information changes. GRITT will not be responsible for your failure to receive any communication or notice as a result of your failure to provide accurate and current contact information or as a result of any e-mail filtering by your ISP or email provider, insufficient space in your email account or any errors or losses of any postal or delivery service. You hereby consent and give GRITT permission to use (or have a third-party provider use on GRITT’s behalf) an automated telephone dialing system and/or artificial or prerecorded voice (where applicable) to call or text you, including on or to any telephone number you provide to GRITT, including your mobile phone.
6.ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
6.1 Informal Dispute Resolution: Our goal is to do our best to ensure that every experience you have with GRITT exceeds your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem or concern. To do so, please contact us by visiting http://www.grittny.com/contactus. When contacting us, we ask that you include your name, address, phone number and email address, a description of your problem or concern and any specific relief you seek.
6.2 Arbitration: You agree to submit any and all Disputes (as defined in Section 6.4) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which will govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration will be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), http://www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), http://www.adr.org. If you initiate arbitration, you may choose between these two arbitration forums; if GRITT initiates arbitration, it will have the choice as between these two arbitration forums.
YOU AND GRITT AGREE THAT, EXCEPT AS PROVIDED IN SECTION 6.4, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THIS AGREEMENT WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
6.3 Class Action Waiver: You agree that the arbitration of any Dispute will be conducted on an individual, not a class-wide, basis, and that no arbitration proceeding may be consolidated with any other arbitration or other legal proceeding involving GRITT or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against GRITT, and that the arbitrator of any Dispute between you and GRITT may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action). If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
6.4 Definition of “Dispute”: Subject to the following exclusions, “Dispute” means any dispute, claim, or controversy between you and GRITT regarding any aspect of your relationship with GRITT, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes without limitation the validity, enforceability or scope of this Agreement (except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver). However, “Dispute” will not include (1) personal injury claims or claims for lost, stolen, or damaged property; (2) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (3) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
6.5 Arbitration Procedures and Location: Either you or GRITT may initiate arbitration proceedings. Arbitration will be conducted before a single arbitrator. If you or GRITT initiate arbitration, you and we have a choice of doing so before JAMS or the AAA: (1)For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at http://www.jamsadr.com or by calling 1-800-352-5267. (2)Which rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at http://www.adr.org or by calling 1-800-778-7879.
If required for the enforceability of the Arbitration Agreement under the Federal Arbitration Act, GRITT will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules. You and GRITT both agree to bring the arbitration in New York City, New York. As set forth in Section 7.5 below, the arbitrator will apply New York law.
7.GENERAL TERMS
7.1 Entire Agreement: This Agreement, together with the GRITT Policies, constitutes the entire and exclusive agreement between you and GRITT relating to your Membership and supersedes any prior or contemporaneous representations, inducements, promises, understandings or agreements, whether oral, written or otherwise.
7.2 Modifications: No provision of this Agreement, or the enforcement thereof, may be modified or waived, except as may be stated in a writing signed by GRITT STUDIOS or corporate management. Notwithstanding the foregoing or anything to the contrary herein, GRITT may, in its discretion, modify this Agreement at any time (subject to Section 2.1), upon at least thirty (30) days’ notice to you.
7.3 Interpretation: If any provision or portion of this Agreement, or the application thereof to any person, party or circumstances, is be deemed invalid or unenforceable by a court or arbitrator of competent jurisdiction, (1) that invalidity or unenforceability will not affect the remainder of this Agreement and (2) GRITT may, in its discretion, modify such provision or portion to render it valid and enforceable.
7.4 Assignment: GRITT may assign or transfer this Agreement and your Membership, whether by operation of law or otherwise, to an affiliate of GRITT or to a third party in the event of any merger, acquisition, sale of assets, change of control or other corporate transaction between GRITT (or one of its affiliates) and such third party (or one of its affiliates), in each case without notice to you, and you hereby consent to any such assignment or transfer. You acknowledge that this Agreement is personal to you and that you have no rights to transfer or assign this Agreement to any other individual or entity.
7.5 Governing Law: This Agreement, your Membership, and any claims, disputes and matters arising hereunder, will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflicts of law principles. Except for Disputes that you or GRITT submit to binding arbitration pursuant to the Arbitration Agreement, all claims, disputes and matters arising hereunder will be submitted exclusively to the jurisdiction of the federal and state courts of competent jurisdiction located in New York City, New York, and you and GRITT each hereby irrevocably consent to the jurisdiction of such courts and waive all objections thereto.
THIS AGREEMENT HAS BEEN EXECUTE BY THE PARTIES HERE TO OF THEIR OWN FREE WILL WITHOUT ANY COERCION OR UNDUE INFLUENCE AND SHALL BE VALID AND LEGALLY BINDING ON BOTH PARTIES FROM THE DATE PURCHASED OR WRITE ABOVE. BOTH PARTIES CONSIDER THIS AGREEMENT TO BE ABSOLUTELY FAIR AND BEING IN THEIR RESPECTIVE INTEREST.
Non-Contract Membership Terms & Conditions
Non-contract memberships at GRITT operate on a month-to-month basis and do not require a long-term commitment. Members may cancel at any time; however, a minimum of 28 days’ written notice is required to process any cancellation. If a cancellation request is submitted during an active billing cycle and does not meet the 28-day notice requirement, one additional billing cycle will be charged to fulfill the notice period. All cancellation requests must be submitted in writing via email to: admin@grittny.com
We do not accept cancellations via phone call, text message, social media, or in-person requests. By enrolling in a non-contract membership, you acknowledge and agree to these terms at the time of purchase.
