Introduction

Clients of ECKERCISE and visitors to www.ECKERCISE.com are subject to the following Terms & Conditions. By visiting this site and purchasing or reserving a class, or training session, you confirm you have read these terms and conditions and agree to be bound by such terms and conditions. (PLEASE NOTE: Contract specific clauses or exceptions will be found in your own contract emailed to you at sign-up. Your contract, the Studio Rules and Procedures, as well as the Liability Release must be signed off on and obliged in order to participate at ECKERCISE.)

Studio Rules/ Terms and Conditions

Age – All participants must be 18 years or older. Children are not allowed in the studio unless it is specified to be a family class.

Conditions for Minors (under 18 years old)

Clients under 18 may not participate in a ECKERCISE family class or training session without the express permission of a parent/guardian. The guardian must consent of the minor’s participation before the minor is permitted entrance to an ECKERCISE class. To complete this consent, the guardian/parent should carefully read, print, complete, and sign the minor liability and release waiver, which can be found on ECKERCISE.com. This printed, completed waiver should be presented to the class instructor and/or class manager at least five minutes prior to the start of the minor’s first class.

Minors undergoing personal training sessions – all minors must be accompanied by an adult with a current personal training membership. No minor is allowed to participate or sign up for personal training session(s) without an adult currently being a member.

Personal Conduct – All participants must behave in a manner that is both reasonable and not offensive to other participants of ECKERCISE.

Respect – All participants are asked to respect the property, employees and independent contractors of ECKERCISE, and to treat its property with due and reasonable care. It is always appreciated – out of consideration for other clients – if you clean and return any equipment once you are finished.

Enjoyment – We want you to thoroughly enjoy your experience and achieve all your personal health and fitness goals. We sincerely want you to be a long-term client. However, if you have a significant issue or concern, please submit your concern via the “Contact” portal at www.ECKERCISE.com or arrange to have a personal meeting with the owners of ECKERCISE. Please do not berate, scream or yell at any employee or independent contractor of ECKERCISE; it is counterproductive, and will not be tolerated – even if you are totally correct and arguably justified.

Harassment – The harassment of any employee, independent contractor or another client, in any way, shape or form, will not be tolerated. No matter your individual physical condition, skills and talents, they are never to be leveraged against another person. ECKERCISE has a no-tolerance harassment and discrimination policy. This includes sexual conduct. Any instructor proven to be harassing or discriminating against any member or other staff members is subject to termination. Abusive language, threatening or violent behavior, abuse of equipment, use of alcoholic or illegal substances, and smoking at the studio may result in suspension or termination of your membership.

Any member proven to be harassing or discriminating against any member, instructor or other staff members of ECKERCISE Fitness studio is subject to immediate member contract termination with absolutely no contract refunds or reimbursement if member is under studio contract.

Profanity – It is understood that in the normal course of events an expletive may slip. Those are fine. But extended and consistent use of profanity will not be tolerated inside the facility; it violates the rules of Personal Conduct, Respect and Enjoyment listed above.

Classes –

Online Registration Required

All new members must register for classes online prior to attending a class to guarantee their spot.  If you try to attend class without prior registration, you may not be permitted to attend class. You also need to check and make sure that class is running fifteen minutes prior to the beginning of class. New members may register by contacting the studio prior to their class or anytime during studio business hours.

In order to streamline our booking process, and allow you to have more ease and convenience with booking your appointments, we want to introduce you to our online booking system.

Online Booking

ECKERCISE offers many services that will make your life easier and this is one. Our online booking system has been in place for a while, but only a percentage of clients have taken full advantage of our suite of services. Going forward, we will be primarily booking with the online system instead of via text message or phone. This will allow you to see open slots and book at your convenience without having to wait for a response from our office. Of course, if you have a question, you are always encouraged to call or text.

You will be able to cancel sessions up until 24 hours in advance through your account on the website.

If you haven’t already, please register online and make an account using the SAME email address that you are receiving this notification. You will receive an automated email, asking you to confirm your email. Please conform your email to validate your account. Within approx. 72 hours of creating your account, you will be able to see past sessions and cancel upcoming sessions when necessary.

Trainer / Studio Contact Hours

In order to best assist our clients, an assistant will now be answering our studio number (text messages or phone). Our studio contact hours are 9am to 8pm. The assistant will help you with your booking or take a message. Tim will be able to respond to direct questions when he has a break or at the end of his day.

Late Policy

ECKERCISE will enforce a late policy for all classes. Please arrive on time to class. If class starts and you have not arrived for your scheduled class, members on the wait list will be given the available spots.

Studio staff will not let any member take class if they arrive 5 minutes after the scheduled class. Latecomers may not be allowed to attend their scheduled class. Only an ECKERCISE employee has final say. Those who arrive after the studio’s 5-minute late policy and would still like to attend class may be subject to a $10 late fee to participate. Members will be charged with a credit card they have on file with ECKERCISE. Members with class drop in credits will be charged 1 or 2 class credits.

Please have respect for fellow students and your instructors by attending classes on time.
Personal Training Late Policy

Please remember that showing up on time is very important so that you are ensured to get the maximum results from your workout. Punctuality allows the studio to run efficiently and allows us to keep clients on a schedule. We want you to get the best results! Please be ready to train at your designated time – this includes being dressed for your workout and warmed up. Going forward, we will be enforcing our current late policy – as written in your contract – in order to better serve our clients.  If Failure to be prepared to train may result in a shortened workout or possible cancellation of the Session under paragraph eight (8) below if Client is more than fifteen (15) minutes late.  If Client anticipates running late, he/she should contact Trainer as soon as possible. At the discretion of the trainer, if you are more than 15 minutes late for the schedule sessions, it may be considered a no-show and you will be charged. If the client is late, the session will only last until the end of the time slot that the session was scheduled.  No reimbursements are granted. If the trainer is late for an appointment, that timed is owed back with training at no additional charge. Under no circumstances are refunds given for appointments where the trainer is late.
Personal Training Cancelation Policy

• In order to best accommodate our busy clients’ schedules, please remember that our current cancellation policy is still in effect. ECKERCISE has a 24-hour cancellation policy on all personal training sessions. If you must cancel a personal training session please inform the studio ahead of time by emailing us at info@ECKERCISE.com, calling or texting the studio at 860-880-1742, or logging into your account at ECKERCISE.com and changing your session. You will be able to cancel sessions up until 24 hours in advance through your account on the website.

Text messages to your trainer’s personal cell phone number are not an acceptable form of cancelation. If you cancel after the 24-hour window, you will be charged for the session
Class Cancelation Policy

ECKERCISE has a 12-hour class cancellation window policy. If you do not attend class or cancel within that 12-hour window before the start of your class, you will forfeit your class purchase.

Things to Bring to a Class or Training Session

• Water –Drinking ample water and staying hydrated is extremely important.
• Towel – You may sweat during Class. It is highly suggested you bring a towel to class to dry yourself off occasionally.
• Safety –We never want to see someone get injured. Thus, all participants must follow the directions of the instructor; goofing around on or with other equipment will not be tolerated.
• Leaving Early –We understand that conflicts arise that prevent you from staying for the entire class. Out of courtesy, please let your instructor know if you must leave early, and please be sure to stretch and clean your area.
• Cleaning –Antibacterial wipes to clean the equipment will be provided. It is expected that you take time to clean your equipment and the mat underneath prior to leaving. Proper cleaning helps prolong the life of the bike and reduces maintenance costs, which in turn holds down the future costs. It also reduces germs, and is respectful to other participants.
• Shoes – Shoes must be worn in the studio at all time unless an instructor tells you otherwise.

Class Cancellation and Waiting List – You are permitted to cancel your spot in class up to 12 hours prior to the class starting without penalty (i.e. you will not have the class deducted from your account). If you are on a class waiting list and someone cancels their spot prior to the 12-hour window noted above, the software will automatically assign and notify the person who is “first in line” on the waiting list. The automatic e-mail notification will confirm you have been added to the class you have selected. If you do not wish to take the class, you too must log onto the system and cancel your name. To avoid issues and frustrations it is very important that those who are on a waiting list remember their potential obligation in the event another person cancels; you should promptly remove your name from a waiting list should you no longer wish to attend that class or have a sudden conflict that would prevents you from attending.

Theft – Theft of any property or services of ECKERCISE and other clients will never be tolerated. Once theft is confirmed, your rights and relationship with ECKERCISE will be immediately terminated, and you will lose all unused Classes you have prepaid – no refunds will be given for any reason. If you suspect theft by another client/member, please see either owner of ECKERCISE; your conversations will be held highly confidential. Please note that the studio does use motion activated surveillance cameras. Any studio members caught or proven to be stealing from ECKERCISE, the staff, or the facility will be terminated immediately from their member contracts as well as subject to criminal action.  Stealing (studio merchandise, cash, cell phones, iPods, iPads, jewelry, wallets, purses, from the lost and found, etc.…) from members, other instructors, staff members and studio owners is absolutely prohibited at any time and will be prosecuted to the fullest extent of the law. If you are still in a membership contract, you will be liable for any early termination fees. ECKERCISE is not responsible for accidents on the premises or for loss or theft of personal belongings at the club. Club property that is lost or damaged by a member or a guest must be replaced or paid for by the member.

Work Hard & Have Fun – Let’s face the facts: exercising is never easy. Period. While this is a rule we can never strictly enforce in our studio, we do encourage every client to work hard and have fun. Release your stress; burn some calories; clear your mind; get refocused; focus on you for just a short period of time. Try to obey this rule while at our studio: work hard & have fun. Often times when you come with a friend or spouse the “fun factor” increases; we highly encourage this.

Membership Cancellations

ECKERCISE Personal Training and Class Memberships are eligible to be cancelled after the initial 6-month commitment has been fulfilled. Canceling memberships requires 30 days notice to stop payment and must have fulfilled the first 6-months of membership. Canceling memberships without 30 days notice will result in the cancellation fee as outlined in your contract plus $69.00. All memberships must be cancelled following the directions in your contract. If you choose to cancel before your membership is complete, you are subject to the termination fees found in your contract.

1. Voluntary Termination: Client may voluntarily terminate this Agreement at any time by doing the following: 1) giving ECKERCISE LLC (30) days written notice of cancelation, recommended to be sent by registered mail, return receipt requested; and 2) paying a fee equal to 50% of the remaining balance of the contract at the time of such notice, in addition to any and all fees incurred, including, but not limited to, any late fees, return fees, collection fees, etc.
2. Cancellation and Refund of Sessions: Prepaid subscription is non-refundable. If you cancel, the studio may request the return of all contracts, subscription materials, and other documents of evidence of membership and subscription. However, the client may transfer the remainder of the initial term of subscription and contract to another person (must be approved by the studio/trainer) in the event of an approved injury or disability. (The person who will be receiving the transferred subscription becomes responsible for all obligations of the contract.) The trainer may cancel, change, or negate the contract at any time if the client is not fulfilling any rules or obligations in place by the facilities or trainer. You may cancel the initial term of this contract if you relocate residence further than fifty miles from the studio location. Proof of residency for new location is required. Thirty days notice is still required for relocations. This proof includes a utility bill, lease agreement, or other form of document that contains your new address. This contract may also be canceled if you die, or if the studio ceases operation. If you become disabled, you have the option of (1) being relieved of liability for payment on that portion of the contract term for which you are disabled – the disability or illness must last an excess of 45 days, or (2) extending the duration of the original contract at no cost to you for a period equal to the duration of the disability. You must prove such disability by a doctor’s certificate, which certificate shall be enclosed with the written notice of disability sent to the studio. The studio may require that another physician agreeable to you and the studio at the studios’ expense examine you. If you cancel, the studio may keep or collect an amount equal to the fair market value of the services or use of facilities you have already received. Prepaid subscription and/or sessions are non-refundable, but after cancelation the remainder of your contract is negated and you will not be charged for those sessions. If you wish to cancel this contract, you may cancel by mailing a written notice by certified or registered mail to the studio address. The notice must say that you do not wish to be bound by this contract.
3. Session Completion Date: For monthly subscriptions, training sessions (including one-on-one sessions and self sessions) and other benefits of the subscription, must be used during the month of purchase or are considered forfeited. To get the full benefit of the program, all aspects of the subscription must be utilized during the month of purchase. If sessions are not used within the above stated period, or if Client is in default, then any remaining unused sessions of the Agreement are considered to have lapsed and will be immediately discontinued. Failure to use the services does not relieve Client of Client’s obligations (regardless of circumstances) to pay the fees, late charges and other monies due under this Agreement in Full, except as specifically provided in this Agreement.
4. Client’s Default: Client shall be deemed in default of this Agreement upon failure to comply with any of the terms and conditions of the Agreement, including, but not limited to: the obligation to make payment when due. Upon default, Client will not be able to utilize the services provided in this Agreement, including any unused accrued sessions and ECKERCISE LLC shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If ECKERCISE LLC delays or refrains from exercising any rights under this Agreement, ECKERCISE LLC does not waive the right to receive full and timely payments and other charges due to this Agreement. Nothing herein shall preclude or prevent Client from asserting defenses against ECKERCISE LLC based on ECKERCISE LLC’s failure to deliver the Services in response to any effort by ECKERCISE LLC to collect payments or other sums due under this Agreement.
5. Short Term Illness: In the event that a client becomes ill and cannot use their subscription for a period of time shorter than 45 days, it is up to the client to inform the trainer. Trainer will use discretion in providing options for the client that will continue to allow from the compliance of the program created. Client acknowledges that any sessions or subscription not used on the account, previous to the illness, will be forfeited.
6. Renewal: By purchasing a Subscription, you agree to an initial pre-payment for one full month of service immediately to follow the initial term. On the 1^st of the next month, and monthly thereafter, you will be billed a recurring Monthly Subscription renewal fee at the then-current Monthly Subscription rate. You may cancel your Monthly Subscription at any time, 30 days before the next billing cycle, subject to the terms of our cancellation policy. You must follow the procedure stated under “Notifying the Studio” clause in order to cancel. After the client purchases a monthly subscription, the contract will automatically renew after that month expires. If you wish to not be charged again for the same subscription or wish to change your package, you must contact the studio in writing. Thirty (30) days notice is required for all cancellations (even if you are no longer under your initial term and are under month to month renewal). It is the client’s responsibility to notify the studio that they wish to discontinue the service. If you wish to change your subscription, you may do so at any time prior to the last session in your current package and the effect will take place in your next billing cycle. You will be billed the same method that your first payment was made. It is the client’s responsibility to manage this bill. Any package changes (adding or reducing the amount of sessions, etc.) will be considered new contracts. All new contracts are subject to price changes. Upon contract renewal, the studio will use discretion in waiving initial registration fees to which all new contracts are subject. By renewing a contract, Client acknowledges and agrees that Trainer acted professionally in all prior sessions.
7. Notifying the Studio: Notice of cancellation or change of packages must be made in writing and delivered to the studio, preferably by certified or registered mail, to ECKERCISE LLC 241 Ledyard Street Suite B15 Hartford CT 06114.  All remainder of subscription / sessions of canceled contracts have to be used by the date of official cancelation or they will be forfeited. ECKERCISE LLC does not accept emails, text messages or other forms of communication as appropriate notifications in these circumstances. Please note, that if we do not receive a notice of your cancelation, you are STILL LIABLE for the monthly amount of your subscription. Cancelling or changing a credit card, not showing up to scheduled sessions, failure to contact the studio, etc. does not indicate a cancellation. You will continue to be billed and charged a fee. Upon default of payment completely, Client will not be able to utilize the services provided in this Agreement, including any unused accrued subscription/ sessions/services and ECKERCISE LLC shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages.
8. Pricing After Initial Term: After the amount of time as stated in the “Initial Term” of your contract has past, the price of your subscription and/or training sessions is subject to change depending on the current studio rate for that package and/or product/session. ECKERCISE LLC reserves the right to change the rates of our services and products at anytime and pricing is subject to change with or without notice. Prices quoted at consultation are exclusive of all excise and similar taxes, including, without limitation, taxes, sales, receipts, and all costs of transportation, packaging, insurance and other costs, export and import duties, and associated fees if applicable. All such taxes and costs will be paid directly by client. Prices after “initial term” are based on current rates and therefore subject to change without notice to account for service and production changes, taxes and other direct costs beyond ECKERCISE LLC’s control.

Freezing Training and Class Memberships

Training and Class Memberships are able to freeze their memberships AFTER their initial 6-month contracts have been fulfilled. Members can only freeze their accounts for the following reasons and must provide accurate documentation to studio. (Travel, illness, maternity or relocation)

Members may only freeze accounts twice a year with a limit of a 3-month period in total.

“No Shows”

If you have registered for a class or training session and do not cancel, email, or call the studio to cancel, you will be considered a no show. You will be charged for this class or training session. Members who are consistent no shows for their pre-registered classes or training and will be locked out of the online Booking System and must contact the studio directly to regain class access.

Class Cancellation by Studio

If any class has less than 4 participants registered, class will be canceled. We will do our best to cancel any class at least 2-3 hours before the designated class start time. Members will only be notified via email. The studio or instructor is not responsible for outdated email addresses.

If we cancel any class and you were never notified, please contact the studio via email immediately.
Refunds and Transfers

All sales are final. There are no cash value refunds. Class credits and memberships are also non-transferable. Transfer of classes to other persons is prohibited. Classes are not redeemable for cash. Unauthorized reproduction, resale, or trading of classes is prohibited. Refunds will not be made.

Class Wait List

When certain classes are full, you can sign up to be on the wait list online. When a spot opens up, you will receive an automatic email letting you know you have been added to class. Please continue to check your email up to one hour prior to class starting.

Photos & Filming

ECKERCISE does not allow any filming or photo sessions during classes. We absolutely respect the privacy of all our members and instructors. Photos & filming are allowed to take place before or after classes with instructors present and studio permission. ECKERCISE owner / instructor’s authorization is required to film or photograph them during studio hours.

Cell Phone Use

Members are not allowed to use or answer their personal cell phones during classes. Members can take personal or business calls in the studio lobby. Please have respect for fellow students and your instructors attending classes. Talking and use of electronic equipment is permitted prior to the start of each class. However, out of respect to the instructor and courtesy to all other clients, all such activities must cease immediately once the class begins.

Security Monitoring

ECKERCISE members, instructors, staff members, vendors and costumers/patrons will be monitored 24 hours, 7 days a week with a live feed owner only access security camera and security company access.

We ask that all studio instructors, members, staff members and vendors use our studio restrooms/changing rooms to change clothes at all times due to security monitoring cameras. These areas are camera free.

Food and Beverages

Absolutely NO food, gum or beverages are allowed on premises with the exception of water. ECKERCISE will provide a variety of drinks/juices and health snacks for members to purchase from.

Member Conduct

All members must be respectful and courteous to studio instructors, staff members and each other. ECKERCISE and its staff reserves the rights to refuse business to any member we deem necessary.

Boutique

All members will have full access to our studio boutique. ECKERCISE boutique will provide members with any fitness attire they will need to take classes at our studio. Purchases can be made online or at the studio.

Vouchers/Coupons

ECKERCISE accepts any authorized voucher with our VALID AND CURRENT studio information and voucher code on it. Vouchers will not be accepted that are expired.

Safety Notices

Members must read all Health and Safety notices displayed in the studio and comply with their recommendations at all times. In particular, you must observe all instructions regarding the safe and proper use of each item of fitness equipment in the studio, recognizing that at times the studio may be unsupervised and that at such times you should not use any item of fitness equipment with which you are not familiar or in respect of which you have not previously received training from a qualified member of staff at the studio.

Members are required to use the safety features of the equipment. If you are unsure about how to use a machine, you should obtain instructions from the staff or personal trainers.
All members are responsible for understanding how to operate the panic alarms and agree to use them only in case of an emergency.

PURCHASE POLICY

• There will be a $50.00 charge to the client for all returned checks or credit card drafts as a result of insufficient funds, account closed, chargebacks or other circumstances. Account balances may be subject to a 5% interest fee. This fee will be placed on the following months bill/invoice/automatic payment.
• Clients will be notified if their credit card payment fails to authorize for any reason. The Declined payments shall be considered late payments subject to a $10.00/day late fee charge.  The late fee charge shall be remitted to management by 5 (five) days following the notice of decline. Following this five-day grace period, ECKERCISE reserves the right to withhold services until the contract is up to date. ECKERCISE reserves the right to institute any other late fees or other fees that it deems necessary to collect late payments. Upon default of payment completely, Client will not be able to utilize the services provided in this Agreement, including any unused accrued sessions/services and ECKERCISE shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If ECKERCISE delays or refrains from exercising any rights under this Agreement, ECKERCISE does not waive the right to receive full and timely payments and other charges due to this Agreement. If your account is in default by more than five days, any sessions accumulated in Clients account until the time of payment will be considered null and void. Nothing herein shall preclude or prevent Client from asserting defenses against ECKERCISE based one ECKERCISE failure to deliver the Services in response to any effort by ECKERCISE to collect payments or other sums due under this Agreement. No products or services shall be designed, ordered, given and/or delivered until payments are made.
• Packages will be deactivated if an account becomes more than 30 calendar days late.
• Products that have been purchased in the studio boutique are final sale and cannot be returned or refunded.

Rules

Members acknowledge that ECKERCISE studio rules may be updated at any time without notice. In order to keep their membership in good standing with ECKERCISE they may be asked to comply and/or sign off on new rules.