Terms of Service - Abode Athletics

Effective Date: May 19, 2026

ABODE ATHLETICS TERMS OF SERVICE

Welcome to Abode Athletics. These Terms of Service (“Terms”) govern your use of our facility, training services, website, and related offerings. By accessing our facility, participating in our programs, or using our website at abodeathletics.com, you agree to be bound by these Terms.

Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations, including mandatory arbitration and class action waiver provisions.

If you do not agree to these Terms, you may not use our services or access our facility.

1. ACCEPTANCE OF TERMS

By doing any of the following, you accept and agree to these Terms:

Signing up for a membership, class, or training session
Entering our facility
Participating in any Abode Athletics program or service
Using our website or online booking system
Signing a liability waiver or membership agreement

These Terms apply to all members, guests, clients, and website visitors.

2. MODIFICATIONS TO TERMS

We reserve the right to modify, update, or change these Terms at any time. Changes will be effective immediately upon posting the updated Terms to our website at abodeathletics.com/terms.

Material changes will be communicated via:

Email notification to active members
Notice posted at our facility
Website homepage announcement

Your continued use of our services after changes are posted constitutes acceptance of the updated Terms. We recommend reviewing these Terms periodically.

Last Updated: May 19, 2026

3. ELIGIBILITY & AGE REQUIREMENTS

Age Requirement:

You must be at least 18 years old to sign up for services independently
Minors (under 18) may participate only with written parental or guardian consent
A parent or guardian must sign all agreements and waivers on behalf of minors

Health & Fitness:

You represent that you are physically capable of participating in strenuous exercise
You have disclosed all relevant medical conditions, injuries, or health concerns
You have consulted with a physician if you have any health concerns about exercise participation

Facility Access:

You must be a current member or registered client to access the facility
Guests may visit only with prior approval and must sign a waiver
We reserve the right to refuse service or facility access to anyone at our discretion

4. SERVICES OFFERED

Abode Athletics offers the following services:

4.1 Personal Training (1:1)

One-on-one training sessions with a certified coach
Customized programming based on individual goals and needs
Sold as single sessions or in packages (10-pack, 20-pack, etc.)

4.2 Semi-Private Training

Small group training (maximum 6 participants per session)
Individual programming for each participant
Coach floats and provides guidance throughout session

4.3 Cohort Classes

Group training classes (maximum 6 participants per session)
Shared programming for all participants
Coached instruction and form correction

4.4 Open Gym Membership

Access to facility and equipment during designated hours
No coaching or programming included
For experienced, self-directed individuals

4.5 Additional Services

Program design and remote coaching (if offered)
Nutrition consultation referrals (via third-party partners)
Specialty workshops and events (as available)

We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice.

5. MEMBERSHIP & REGISTRATION

5.1 Membership Types

Monthly Memberships (Open Gym, Unlimited Classes)
Class Packs (5-class, 10-class, 20-class)
Personal Training Packages (10-session, 20-session)
Drop-In (single session/class)

5.2 Registration Requirements

Complete health and fitness questionnaire
Sign liability waiver and assumption of risk agreement
Provide accurate contact and emergency contact information
Provide valid payment method

5.3 Membership Activation

Memberships activate upon first payment
You are responsible for booking your own sessions/classes
Unused sessions do not roll over unless otherwise specified

5.4 Membership Transfers

Session packages may be transferred to another person with prior written approval
Monthly memberships are non-transferable
A $25 transfer fee may apply

6. PAYMENT TERMS

6.1 Pricing

All prices are displayed on our website and at our facility
Prices are subject to change with 30 days’ notice to active members
Founding member rates are locked in at original pricing (if applicable)

6.2 Payment Methods

We accept credit cards, debit cards, and ACH bank transfers via Pike13/Stripe
Payment is due at time of booking or membership purchase
Monthly memberships are charged automatically on the 1st of each month

6.3 Failed Payments

If a payment fails, you will be notified via email
You have 7 days to update payment information and resolve the issue
Access to services will be suspended until payment is received
A $25 failed payment fee may apply

6.4 Late Fees

Payments more than 7 days overdue may incur a $25 late fee
Continued non-payment may result in membership termination and collections

6.5 Taxes

Prices are inclusive of applicable sales tax
Sales tax will be added to invoices where required by law

7. REFUND & CANCELLATION POLICY

7.1 No Refunds

All sales are final. We do not offer refunds on memberships, class packs, or personal training packages.
This policy applies to all purchases, including promotional or discounted offerings

7.2 Exceptions

Medical emergencies or serious injuries that prevent training (with doctor’s note) may be eligible for account credit or freeze
Facility closure for extended periods (30+ days) may result in prorated refunds or credits
Requests for exceptions must be submitted in writing and are subject to approval

7.3 Monthly Membership Cancellation

Monthly memberships require 30 days’ written notice to cancel
Notice must be submitted via email to [email protected] or in person
You will be charged for the full billing cycle following your cancellation notice
Example: Notice given June 15 → final charge July 1 → membership ends July 31

7.4 Membership Freeze/Pause

Monthly memberships may be paused for up to 60 days per year
Freeze requests require 7 days’ advance notice
A $15/month freeze fee may apply
Medical freezes (with documentation) may be extended beyond 60 days

7.5 Package Expiration

Class packs and training packages expire 6 months from date of purchase
Expired sessions cannot be used, extended, or refunded
Medical exceptions (with documentation) may extend expiration by 30-60 days

8. BOOKING & ATTENDANCE POLICY

8.1 Booking Sessions

Sessions and classes must be booked in advance via our online booking system
Walk-ins are accepted only if space is available
Priority is given to pre-booked members

8.2 Cancellation Requirements

24 hours’ advance notice required for all cancellations
Cancellations must be made via the booking system or by contacting us directly
Cancellations with less than 24 hours’ notice will result in forfeiture of that session

8.3 No-Shows

Failure to attend a booked session without cancellation = no-show
No-shows result in forfeiture of that session (no refund, no makeup)
Repeated no-shows (3+ within 30 days) may result in membership suspension or termination

8.4 Late Arrivals

Arriving more than 10 minutes late may result in shortened session time
Coaches are not required to extend sessions for late arrivals
Excessive tardiness may result in forfeiture of the session

8.5 Emergency Exceptions

True emergencies (medical, family, etc.) will be considered on a case-by-case basis
Contact us as soon as possible if an emergency prevents attendance
Documentation may be requested for emergency makeups

9. FACILITY RULES & CODE OF CONDUCT

9.1 General Rules

Arrive on time for scheduled sessions
Wear appropriate athletic attire and closed-toe athletic shoes
Use equipment properly and as instructed
Clean and sanitize equipment after use
Return all equipment to designated storage areas
No food in training areas (water bottles permitted)
Silence or turn off cell phones during training
No excessive noise, profanity, or disruptive behavior

9.2 Safety Rules

Follow all coach instructions and safety guidelines
Notify coaches immediately of any pain, discomfort, or injury
Do not use equipment you are unfamiliar with without instruction
Do not attempt lifts or exercises beyond your capability without supervision
Report any damaged or malfunctioning equipment immediately

9.3 Prohibited Conduct

Harassment, bullying, or intimidation of any kind
Discrimination based on race, gender, sexual orientation, religion, disability, or any other protected class
Theft or damage to facility property or others’ belongings
Use of illegal drugs or alcohol on premises
Coaching other members (only certified Abode Athletics coaches may provide instruction)
Recording video or audio of others without explicit consent
Solicitation or promotion of other businesses or services

9.4 Consequences for Violations

First offense: Verbal warning
Second offense: Written warning and potential suspension
Third offense or serious violations: Immediate termination without refund

We reserve the right to terminate membership immediately for severe violations, including but not limited to violence, threats, theft, or illegal activity.

10. HEALTH & SAFETY

10.1 Assumption of Risk

You acknowledge that participation in fitness activities involves inherent risks, including but not limited to muscle strains, sprains, fractures, cardiovascular events, and in rare cases, serious injury or death
You assume all risks associated with participation
You have been advised to consult with a physician before beginning any exercise program

10.2 Medical Disclosure

You must disclose all relevant medical conditions, injuries, medications, and health concerns
Failure to disclose medical information may void liability protections
You are responsible for updating us of any changes to your health status

10.3 Injury Protocol

Stop exercise immediately if you feel pain, dizziness, nausea, or unusual symptoms
Notify a coach or staff member immediately
We will provide basic first aid and call emergency services if needed
You are responsible for all medical costs resulting from injuries

10.4 Emergency Contact

You must provide accurate emergency contact information
We may contact your emergency contact in the event of injury or medical emergency
We may share necessary medical information with emergency personnel

10.5 Infectious Illness Policy

Do not attend if you are sick, have a fever, or exhibit symptoms of contagious illness
We reserve the right to refuse entry to anyone showing signs of illness
Members who arrive sick will be asked to leave without penalty (session credited)

11. LIABILITY WAIVER & RELEASE

BY USING OUR SERVICES, YOU AGREE TO THE FOLLOWING:

11.1 Release of Liability You hereby release, waive, discharge, and covenant not to sue Abode Athletics, its owners, officers, employees, coaches, contractors, and agents (collectively “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by you while participating in activities at our facility or using our services.

11.2 Indemnification You agree to indemnify and hold harmless the Released Parties from any loss, liability, damage, or cost they may incur arising out of or related to your participation in activities, whether caused by negligence of the Released Parties or otherwise.

11.3 Medical Treatment Authorization You authorize Abode Athletics to obtain emergency medical treatment on your behalf if you are unable to do so. You agree to be responsible for all costs associated with such treatment.

11.4 Photo/Video Release You grant Abode Athletics the right to photograph or video record you during sessions or at the facility and to use such images for marketing, promotional, or educational purposes without compensation. If you do not consent, you must notify us in writing.

11.5 Personal Property Abode Athletics is not responsible for lost, stolen, or damaged personal property. Secure your belongings in designated areas at your own risk.

12. INTELLECTUAL PROPERTY

12.1 Ownership

All content on our website, including text, graphics, logos, images, and programming materials, is the property of Abode Athletics or its licensors
The Abode Athletics name, logo, and branding are protected trademarks
Training programs, workout templates, and coaching methodologies are proprietary

12.2 Prohibited Uses

You may not copy, reproduce, distribute, or create derivative works from our content without written permission
You may not use our name, logo, or branding without authorization
You may not record, photograph, or share proprietary training programs without consent

12.3 Limited License You are granted a limited, non-exclusive, non-transferable license to access and use our website and services for personal, non-commercial use only.

13. WEBSITE USE & ONLINE BOOKING

13.1 Account Security

You are responsible for maintaining the confidentiality of your account login credentials
You are responsible for all activity that occurs under your account
Notify us immediately if you suspect unauthorized access

13.2 Prohibited Activities

Attempting to gain unauthorized access to our systems
Interfering with the proper functioning of our website
Uploading viruses, malware, or harmful code
Scraping, data mining, or automated data collection
Impersonating another person or entity

13.3 Third-Party Links

Our website may contain links to third-party websites
We are not responsible for the content, privacy practices, or terms of third-party sites
Use of third-party sites is at your own risk

14. PRIVACY & DATA PROTECTION

Your use of our services is also governed by our Privacy Policy, available at abodeathletics.com/privacy.

By using our services, you consent to our collection, use, and disclosure of your personal information as described in the Privacy Policy.

We implement reasonable security measures to protect your data, but we cannot guarantee absolute security.

15. COMMUNICATIONS

15.1 Consent to Contact By providing your contact information, you consent to receive communications from us via:

Email (service updates, promotions, newsletters)
Text message (appointment reminders, urgent notices)
Phone calls (booking confirmations, follow-ups)

15.2 Opt-Out You may opt out of promotional communications at any time by:

Clicking “unsubscribe” in emails
Replying “STOP” to text messages
Contacting us at [email protected]

You cannot opt out of essential service communications (e.g., billing notices, policy updates).

16. DISCLAIMERS

16.1 No Guarantees

We do not guarantee specific fitness results or outcomes
Individual results vary based on effort, consistency, genetics, nutrition, and other factors beyond our control
Testimonials and success stories are not guarantees of your results

16.2 Not Medical Advice

Our coaches are not medical professionals
We do not diagnose, treat, or prescribe for medical conditions
Consult with a physician before beginning any exercise program

16.3 “As-Is” Services

Services are provided “as is” and “as available”
We do not warrant that services will be uninterrupted, error-free, or meet your expectations
We reserve the right to modify or discontinue services at any time

17. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

17.1 Exclusion of Damages Abode Athletics and its Released Parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or other intangible losses, even if we have been advised of the possibility of such damages.

17.2 Cap on Liability Our total liability to you for any claims arising out of or related to these Terms or our services shall not exceed the amount you paid us in the 12 months preceding the claim.

17.3 Exceptions Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. You may have additional rights that vary by jurisdiction.

18. DISPUTE RESOLUTION

18.1 Informal Resolution Before filing a claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 30 days.

18.2 Binding Arbitration If informal resolution fails, any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Arbitration will take place in Queens County, New York
The arbitrator’s decision is final and binding
You waive your right to a jury trial
Arbitration fees will be split between parties unless otherwise required by law

18.3 Class Action Waiver You agree to resolve disputes on an individual basis only. You waive your right to participate in class actions, class arbitrations, or representative actions.

18.4 Small Claims Exception Either party may bring a claim in small claims court if it qualifies and remains in small claims court.

18.5 Equitable Relief Nothing in this section prevents us from seeking equitable relief (injunctions, restraining orders) in court for intellectual property infringement or unauthorized access to our systems.

19. GOVERNING LAW & JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

Any legal action or proceeding (other than arbitration) shall be brought exclusively in the state or federal courts located in Queens County, New York. You consent to the personal jurisdiction of these courts.

20. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

21. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any signed membership agreements or waivers, constitute the entire agreement between you and Abode Athletics regarding your use of our services.

These Terms supersede all prior or contemporaneous communications, whether oral or written, regarding the subject matter.

22. WAIVER

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing and signed by an authorized representative of Abode Athletics.

23. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign these Terms to any successor entity (e.g., in the event of a sale, merger, or transfer of business).

24. NOTICES

All notices to Abode Athletics must be sent to:

Abode Athletics
Email: [email protected]

We will send notices to you at the email address or mailing address you provided during registration.

You are responsible for keeping your contact information current.

25. SURVIVAL

Sections relating to liability waivers, indemnification, limitation of liability, dispute resolution, and intellectual property shall survive termination of your membership or these Terms.

26. CONTACT & QUESTIONS

If you have questions about these Terms, please contact us:

Email: [email protected]
Website: https://abodeathletics.com/contact

27. ACKNOWLEDGMENT

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT:

✓ You have read and understood these Terms
✓ You agree to be bound by these Terms
✓ You understand the risks associated with exercise and fitness activities
✓ You have had the opportunity to consult with legal counsel if desired
✓ You are entering into these Terms voluntarily

Last Updated: May 19, 2026
Version: 1.0

IMPORTANT LEGAL NOTICE:

These Terms contain a binding arbitration clause and class action waiver in Section 18, which affect your legal rights. Please read them carefully.

If you do not agree to these Terms, you may not use our services or access our facility.