Member registration

notice of dues renewal

This Agreement ("Agreement,) is entered into between Re.Form BK Inc. ("Re.Form,), located at 534 Henry Street, Brooklyn, New York 11231("the Club,), and you. The Term of this Agreement shall begin on the initial entry date. • 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. Please take note of the following terms: THIS AGREEMENT AND PERSONAL TRAINING WILL AUTOMATICALLY RENEW ON A CONTINUOUS BASIS WHEN ALL PRE-PURCHASED SESSIONS ARE USED. 1.1Health Warranty: By signing this Agreement and using the Club, you are representing and warranting to Re.Form that you are in good health and have no injury, impairment, disability, disease, ailment or condition that prevents you from safely engaging in exercise or that increases your risk of injury or adverse health consequences as a result of your using the Club or, as applicable, participating in certain group fitness classes or training. We encourage you to see your doctor on a regular basis and seek their advice prior to engaging in any new or modified fitness or nutrition regimen or if you have any questions or concerns regarding your health and fitness regimen or the diagnosis of any medical conditions. 1.2 Responsibility to Notify: You are responsible for notifying your personal trainer, Pilates or group fitness instructor, or therapist before any session or class of any limitation to your ability to participate, including without limitation if you are starting a new or modified fitness regimen or if have any pre-existing or current injuries, impairments, disabilities, diseases, ailments or conditions that may prevent or affect your participation. You are also responsible for immediately informing your trainer, instructor or therapist if you experience any pain or discomfort and/or if you cannot or do not wish to continue your session or class. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS OR DISCOMFORT WHEN ENGAGING IN ANY SESSION, CLASS, ACTIVITY OR EXERCISE OR OTHERWISE USING ANY CLUB, STOP AND CONSULT YOUR DOCTOR OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY. You hereby consent to receive any medical treatment which may be deemed advisable by Re.Form and/or any emergency professionals in the event of injury, accident, illness and/or other incapacitation while at the Club. 1.3 Covenant of Due Care: By signing this Agreement and using the Club, you are also acknowledging that the activities and exercises you may engage in while using Re.Form services, including without limitation when using equipment or machines, participating in any session or class or otherwise engaging in strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, may be physically strenuous and potentially hazardous activities and involve risks and danger inherent in engaging in such activities and exercises. Specific risks vary from one activity to another, and range from minor injuries to major injuries, including death. In consideration of the Partnership privileges provided to you hereunder and on behalf of your heirs, beneficiaries, distributees, legal representatives, successors, assigns and guests, you hereby voluntarily and knowingly acknowledge and assume all risks associated with your failure to use reasonable care when using the Club or equipment and/or your use of the Club or equipment other than for its intended purpose, and you hereby agree to indemnify, defend, and hold harmless Re.Form, its parents, subsidiaries and other affiliates, and its and their respective officers, directors, employees, contractors, agents, representatives, successors and assigns (collectively "Re.Form Parties") from any and all liability, damages, losses, suits, demands, causes of action or other claims of any nature whatsoever, including without limitation any property damage, personal injury, injury to others or death, to the extent any of the foregoing arise out of or relate in any way to your negligence, intentional acts and/or failure to exercise reasonable care when accessing and using the Club and equipment. Further, you acknowledge that Re.Form does not manufacture the fitness and other equipment and machines provided in the Club and agree that Re.Form is providing recreational services and may not be held liable for defective products. 1.4 Waiver and Release: IN CONSIDERATION OF THE PARTNERSHIP PRMLEGES PROVIDED TO YOU HEREUNDER, AND ON BEHALF OF YOUR HEIRS, BENEFICIARIES, DISTRIBUTEES, LEGAL REPRESENTATIVES, SUCCESSORS, ASSIGNS AND GUESTS, YOU HEREBY VOLUNTARILY AND KNOWINGLY, FOREVER WAIVE, RELEASE, COVENANT NOT TO SUE, DISCHARGE AND HOLD HARMLESS THE RE.FORM PARTIES (AS DEFINED ABOVE} FROM, AND SUCH RE.FORM PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR, ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY, INCLUDING WITHOUT LIMITATION FOR ANY PROPERTY LOSS OR DAMAGE, LOSS OF EARNINGS OR EARNING CAPACITY, PERSONAL INJURY, ILLNESS OR IMPAIRMENT, PHYSICAL PAIN, MENTAL ANGUISH, PARALYSIS, HEART ATTACK OR DEATH, ARISING OUT OF, IN CONNECTION WITH OR RELATED TO THIS AGREEMENT, YOUR PARTNERSHIP, THE USE OR NON-USE OF ANY SERVICE, PRODUCT OR EQUIPMENT PROVIDED OR OFFERED HEREUNDER, WHETHER RELATED TO EXERCISE OR NOT AND REGARDLESS OF LEGAL THEORY OR WHETHER ARISING IN OR BY STATUTE, TORT, CONTRACT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE AND WHETHER SUCH LOSSES OR DAMAGES ARE KNOWN OR UNKNOWN TO YOU OR ANY OTHER PERSON; PROVIDED THAT THE FOREGOING RELEASE AND WAIVER OF LIABILITY SHALL NOT APPLY TO ANY LOSSES OR DAMAGES CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF ANY RE.FORM PARTY TO THE EXTENT PROHIBITED BY LAW. NONETHELESS, THIS RELEASE IS INTENDED BY BOTH PARTIES TO BE AS BROAD IN EFFECT AS ALLOWED BY LAW AND SHALL COVER OR INCLUDE ANY CLAIM OR DEMAND YOU HAVE, HAD OR EVER WILL HAVE. 1.5 Covid-19 Clause: The novel coronavirus, COVID 19, has been declared a worldwide pandemic by the World Health Organization. COVID 19 is extremely contagious and is believed to spread mainly from person to person contact. By signing this Agreement and using the Club, you are also acknowledging that the activities and exercises you may engage in at the Club or otherwise through the services of Re.Forrn, including without limitation when using equipment or machines, participating in any session or class or otherwise engaging in strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, may expose you to Covid 19. In consideration of the Partnership privileges provided to you hereunder and on behalf of your heirs, beneficiaries, distributees, legal representatives, successors, assigns and guests, you hereby voluntarily and knowingly acknowledge and assume all risks associated with exercises and activities provided by Re.Forrn. Further, you acknowledge and agree that Re.Form is providing recreational services and may not be held liable for contraction of Covid-19. You hereby release, covenant not to sue, discharge and hold harmless Re.Form, its employees, agents, and representatives, of and from any and all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to any potential exposure to COVID 19 while engaging in any services provided byRe.Form.

An Annual Fee is due on all memberships and is $39.99. The Annual Fee of $39.99 will draft on the 2nd month after join date on the 15th of that month and again every 12 months on the same date so long as your membership remains in effect. The purpose of the annual fee is to guarantee that there will be no increase in your monthly dues during the term of your membership.

Partnership Agreement


This Partnership Agreement (“Agreement”) is entered into between Re.Form BK Inc. (“Re.Form”), located at 534 Henry Street, Brooklyn, New York 11231 (“the Club”), and you, the Partner. The Term of this Agreement shall begin on ____ .
• 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. Please take note of the following terms:
• YOU HAVE A RIGHT TO CANCEL THIS AGREEMENT WITHIN THREE (3) BUSINESS DAYS OF THE START DATE WRITTEN ABOVE. See Section 3.1 of this Agreement for more information.
• By signing this Agreement, you are committing to either a three (3) month (for Monthly Partners) or a twelve (12) month (for Annual Partners) Obligation Period (“Obligation Period”) during which you may not terminate this Agreement unless you meet the requirements listed in Sections 3.1 and 3.2 of this Agreement.
• YOUR PARTNERSHIP AND THIS AGREEMENT WILL AUTOMATICALLY RENEW ON A CONTINUOUS MONTH-TO-MONTH BASIS AT THE END OF THE OBLIGATION PERIOD, UNLESS CANCELED UNDER SECTION 3 OF THIS AGREEMENT. Your renewal shall be subject to then applicable Partnership Dues. See Section 1.3 of this Agreement for more information.
>>IMPORTANT NOTICE FOR HEALTH CLUB PARTNERS<<
New York State law requires certain health clubs to have a bond or other form of financial security to protect partners in the event the club closes. This club has posted the financial security required by law.
YOU MAY ASK A REPRESENTATIVE OF THE CLUB FOR PROOF OF THE CLUB’S COMPLIANCE WITH THIS LAW. YOU MAY ALSO OBTAIN THIS INFORMATION FROM THE NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF LICENSING SERVICES, 162 WASHINGTON AVENUE, ALBANY, NY 12231.

By signing below, you are acknowledging that you have received, read, understood, and consented to this Agreement and the following partnership terms, including that this Agreement will automatically continue until it is canceled under the terms of this Agreement by you or Re.Form. You also acknowledge and consent to all terms and conditions of this Agreement, including without limitation, your compliance with this Agreement and Re.Form’s Policies described in this Agreement.
PARTNERSHIP TERMS
1. YOUR PARTNERSHIP
1.1 Overview: This Agreement sets forth the terms and conditions that apply to your partnership (“Partnership”) with Re.Form. 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 Re.Form if you need to obtain another copy of your Agreement.
1.2 Minimum Commitment: Your Partnership is for either a three (3) or twelve (12) month Obligation Period (“Obligation Period”). You may not cancel your Partnership or otherwise terminate this Agreement during the Obligation Period unless you meet the requirements expressly set forth in Sections 3.1 and 3.2 below.
1.3 Renewals: Your Partnership and this Agreement will automatically renew at the end of the Obligation Period and continue on a month-to-month basis unless your Partnership is canceled by you or Re.Form, as described in Section 3. Re.Form reserves the right to contact you, using any contact information on-file with Re.Form, to discuss your renewal options. You may also visit or contact Re.Form to renew your Partnership. Partnership Dues for all monthly and annual Partnership renewals are subject to pricing changes, as described in Section 2.1.
1.4 Partnership Freezes: You have certain rights to temporarily suspend or “freeze” your account for up to two (2) months, or longer for medically-necessitated freezes, as further described in the Re.Form Policies (as defined in Section 5.1). Non-medical freezes are subject to an additional fee.
1.5 Non-Transferable: Your Partnership is personal to you and is non-transferable and non-descendible. Only you may use your Partnership, and you may not permit any other individual to access and use Re.Form under your Partnership.
1.6 Changes to Partnership Category: You may change your Partnership Category at any time, subject to the following conditions. Your Partnership Dues (as defined in Section 2.1) will be increased (or decreased) to the then-current partnership rate for your new Partnership Category, and you will be required to sign a new Payment/Electronic Funds Transfer Authorization form and, in Re.Form’s discretion, a new partnership agreement. Re.Form also reserves the right to charge you an upgrade fee. Re.Form reserves the right to, in its discretion at any time, modify the names of and/or service offerings provided within one or more of its Partnership Categories.
1.7 Club Closures: During your Partnership, Re.Form may, in its discretion, temporarily close or suspend or limit your access to the Club or to certain designated areas, features or amenities of the Club, for purposes of renovation, special events or otherwise, at any time and in its sole discretion.
1.8 Corporate Partners: If you join Re.Form under an arrangement between your current employer and Re.Form, additional or alternative pricing, benefits, terms and conditions may apply to your Partnership, as agreed in the terms between your employer and Re.Form. Depending on the terms between your employer and Re.Form, your Partnership may automatically cancel once you leave your employment. If there is a conflict between this Agreement and the terms between your employer and Re.Form, those terms between your employer and Re.Form will control. Contact your employer with any questions regarding any special terms that may apply to your corporate Partnership.

2. PAYMENT POLICIES
2.1 Initiation Fee; Partnership Dues: Re.Form reserves the right to require an initiation fee for new Partnerships. You may elect to pay your partnership dues (“Partnership Dues”) on a monthly or annual basis. During the Obligation Period, your Partnership Dues will remain at the rate set forth on the Payment Terms described in Annex A , unless you change your Partnership class, as described in Section 1.6. After the Obligation Period, Re.Form may, in its discretion, increase or otherwise modify your Partnership Dues, upon at least thirty (30) days’ notice to you. Re.Form 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. Partnership Dues are not based on or related to actual usage of the Club and, unless you have frozen your Partnership in accordance with Re.Form Policies, you are responsible for the payment of your Partnership Dues in full regardless of your use of, or failure to use, the Club.
2.2 Ancillary Charges: You are responsible for paying all amounts you incur during your Partnership, including without limitation fees for personal training 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 Re.Form 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 Re.Form’s discretion and may be prospectively modified by Re.Form at any time, with or without notice to you.
2.3 Non-Refundable: Your initiation fee, Partnership Dues and Ancillary Charges are non-refundable and, unless otherwise expressly set forth in Section 3, you will not receive a refund of any initiation fee, Partnership Dues or Ancillary Charges for any reason, including, but not limited to, termination of this Partnership Agreement. From time to time Re.Form may provide you with certain complimentary or promotional items, as further described in the Re.Form 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 Partnership in good standing by ensuring all Partnership Dues and any Ancillary Charges are paid on time. You are responsible for promptly notifying Re.Form 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 Partnership on your behalf and agreed to have their Payment Information retained on-file with Re.Form, you, not Buyer, are ultimately liable for all Partnership 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 Partnership and Buyer may not access and use Clubs under your Partnership.
2.6 Past-Due Balances: Re.Form reserves the right to take any lawful action in response to any past-due Partnership Dues and/or Ancillary Charges, including, without limitation: (1) charging the Payment Information then on-file with Re.Form; (2) canceling your Partnership or otherwise suspending your access to the Club 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 Re.Form. You will be responsible for any collection and/or legal costs incurred by Re.Form in collecting any past-due amounts associated with your Partnership. Re.Form 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 Partnership will not relieve you of your obligation to pay any past-due or outstanding amounts.

3. CANCELLATION RIGHTS
3.1 CONSUMERS’ RIGHT TO CANCELLATION: YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) BUSINESS DAYS FROM THE DATE LISTED ON PAGE 1 OF THIS AGREEMENT. To exercise this cancellation right, you must notify Re.Form in accordance with Section 3.4 below. Notice should be accompanied by a copy of your Agreement, as well as any partnership cards or fobs or other partnership documentation given to you by Re.Form. Within fifteen (15) business days after Re.Form receives notice of such cancellation, it will refund all amounts previously paid under this Agreement to the original method of payment.
3.2 ADDITIONAL RIGHTS TO CANCELLATION: You may also cancel your Partnership and this Agreement, at any time during or after the Obligation Period, for any of the following reasons:
(1) If upon a doctor’s order, you cannot physically receive the services because of a significant physical disability for a period in excess of six (6) months, as evidenced by a signed letter from your doctor;
(2) If you die, your estate will be relieved of any further obligation for payment under this Agreement not then due and owing, 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 Club operated by Re.Form, 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 Re.Form’s permanent discontinuance of operation or substantial change in operation.
You may exercise these rights to cancel your Partnership and this Agreement by notifying Re.Form in accordance with Section 3.4 below. Within fifteen (15) business days after Re.Form receives and approves notice of such cancellation, it will refund, using the Payment Information on-file, any prepaid unused Partnership Dues and any prepaid unused Ancillary Charges, less any outstanding amounts which may be owed to Re.Form hereunder. For the avoidance of doubt, any initiation fee you paid will not be refunded if you cancel your Partnership under this Section 3.2.
3.3 Cancellation after Obligation Period: If you do not wish to continue your Partnership after the Obligation Period, you may cancel your Partnership and this Agreement upon forty-five (45) days’ prior written notice to Re.Form. For clarity, your cancellation will go into effect forty-five (45) days after Re.Form receives your cancellation notice; however, if you provide cancellation notice more than forty-five (45) days before the end of the Obligation Period, your cancellation will not go into effect until the last day of the Obligation Period. In the event that you do not notify Re.Form at least 45 days prior to the expiration of the Obligation Period, your partnership and this Agreement will automatically renew at the end of the Obligation Period on a continuous month-to-month basis unless your partnership is canceled by you or Re.Form. All notices of cancellation must be provided in accordance with Section 3.4 of this Agreement. Re.Form reserves the right, in its discretion, to require you to pre-pay all Partnership 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 Partnership: You may cancel your Partnership and Agreement by any of the following methods:
(1) In-person at the Club.
(2) By certified or registered United States mail to Re.Form, 534 Henry Street, Brooklyn, NY 11231. Your cancellation notice must include your full name, partnership ID number, and contact information.
(3) By email to [email protected]. You should send the cancellation email from your email address on-file with Re.Form. Your cancellation notice must include your full name, partnership ID number, contact information, and if applicable to your reason for canceling, you must attach your proof of relocation or a medical note.
(4) For cancellations after the Obligation Period, you may call Re.Form to cancel your Partnership over the telephone. Visit http://www.reformbk.com to find the current phone number for Re.Form.
You are responsible for retaining (and presenting, if necessary) all records relating to your cancellation of Partnership. In the event of a dispute as to whether and when notice of cancellation was received, Re.Form’s records will control.
3.5 Revocation of Partnership: Re.Form may, in its discretion, revoke or suspend your Partnership, or limit your right to access the Club or participate in certain Club offerings or ancillary services, upon notice to you provided at any time and for any reason, including without limitation failure to pay Partnership Dues or Ancillary Charges or failure to comply with Re.Form Policies (as defined in Section 5.1). If Re.Form revokes your Partnership, it will promptly refund, using the Payment Information on-file with Re.Form, any prepaid unused Partnership Dues and any prepaid unused Ancillary Charges, less any outstanding amounts which may be owed to Re.Form hereunder. Revocation or suspension of Partnership will be without limitation to any other rights or remedies which Re.Form may have at law or in equity, and Re.Form reserves the right to, in its discretion, prohibit you from rejoining Re.Form in the future.

4. YOUR HEALTH
4.1 Health Warranty: By signing this Agreement and using the Club, you are representing and warranting to Re.Form that you are in good health and have no injury, impairment, disability, disease, ailment or condition that prevents you from safely engaging in exercise or that increases your risk of injury or adverse health consequences as a result of your using the Club or, as applicable, participating in certain group fitness classes or training. We encourage you to see your doctor on a regular basis and seek their advice prior to engaging in any new or modified fitness or nutrition regimen or if you have any questions or concerns regarding your health and fitness regimen or the diagnosis of any medical conditions.
4.2 Responsibility to Notify: You are responsible for notifying your personal trainer, Pilates or group fitness instructor, or therapist before any session or class of any limitation to your ability to participate, including without limitation if you are starting a new or modified fitness regimen or if have any pre-existing or current injuries, impairments, disabilities, diseases, ailments or conditions that may prevent or affect your participation. You are also responsible for immediately informing your trainer, instructor or therapist if you experience any pain or discomfort and/or if you cannot or do not wish to continue your session or class. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS OR DISCOMFORT WHEN ENGAGING IN ANY SESSION, CLASS, ACTIVITY OR EXERCISE OR OTHERWISE USING ANY CLUB, STOP AND CONSULT YOUR DOCTOR OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY. You hereby consent to receive any medical treatment which may be deemed advisable by Re.Form and/or any emergency professionals in the event of injury, accident, illness and/or other incapacitation while at the Club.
4.3 Covenant of Due Care: By signing this Agreement and using the Club, you are also acknowledging that the activities and exercises you may engage in while using Re.Form services, including without limitation when using equipment or machines, participating in any session or class or otherwise engaging in strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, may be physically strenuous and potentially hazardous activities and involve risks and danger inherent in engaging in such activities and exercises. Specific risks vary from one activity to another, and range from minor injuries to major injuries, including death. In consideration of the Partnership privileges provided to you hereunder and on behalf of your heirs, beneficiaries, distributees, legal representatives, successors, assigns and guests, you hereby voluntarily and knowingly acknowledge and assume all risks associated with your failure to use reasonable care when using the Club or equipment and/or your use of the Club or equipment other than for its intended purpose, and you hereby agree to indemnify, defend, and hold harmless Re.Form, its parents, subsidiaries and other affiliates, and its and their respective officers, directors, employees, contractors, agents, representatives, successors and assigns (collectively “Re.Form Parties”) from any and all liability, damages, losses, suits, demands, causes of action or other claims of any nature whatsoever, including without limitation any property damage, personal injury, injury to others or death, to the extent any of the foregoing arise out of or relate in any way to your negligence, intentional acts and/or failure to exercise reasonable care when accessing and using the Club and equipment. Further, you acknowledge that Re.Form does not manufacture the fitness and other equipment and machines provided in the Club and agree that Re.Form is providing recreational services and may not be held liable for defective products.
4.4 Waiver and Release: IN CONSIDERATION OF THE PARTNERSHIP PRIVILEGES PROVIDED TO YOU HEREUNDER, AND ON BEHALF OF YOUR HEIRS, BENEFICIARIES, DISTRIBUTEES, LEGAL REPRESENTATIVES, SUCCESSORS, ASSIGNS AND GUESTS, YOU HEREBY VOLUNTARILY AND KNOWINGLY, FOREVER WAIVE, RELEASE, COVENANT NOT TO SUE, DISCHARGE AND HOLD HARMLESS THE RE.FORM PARTIES (AS DEFINED ABOVE) FROM, AND SUCH RE.FORM PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR, ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY, INCLUDING WITHOUT LIMITATION FOR ANY PROPERTY LOSS OR DAMAGE, LOSS OF EARNINGS OR EARNING CAPACITY, PERSONAL INJURY, ILLNESS OR IMPAIRMENT, PHYSICAL PAIN, MENTAL ANGUISH, PARALYSIS, HEART ATTACK OR DEATH, ARISING OUT OF, IN CONNECTION WITH OR RELATED TO THIS AGREEMENT, YOUR PARTNERSHIP, THE USE OR NON-USE OF ANY SERVICE, PRODUCT OR EQUIPMENT PROVIDED OR OFFERED HEREUNDER, WHETHER RELATED TO EXERCISE OR NOT AND REGARDLESS OF LEGAL THEORY OR WHETHER ARISING IN OR BY STATUTE, TORT, CONTRACT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE AND WHETHER SUCH LOSSES OR DAMAGES ARE KNOWN OR UNKNOWN TO YOU OR ANY OTHER PERSON; PROVIDED THAT THE FOREGOING RELEASE AND WAIVER OF LIABILITY SHALL NOT APPLY TO ANY LOSSES OR DAMAGES CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF ANY RE.FORM PARTY TO THE EXTENT PROHIBITED BY LAW. NONETHELESS, THIS RELEASE IS INTENDED BY BOTH PARTIES TO BE AS BROAD IN EFFECT AS ALLOWED BY LAW AND SHALL COVER OR INCLUDE ANY CLAIM OR DEMAND YOU HAVE, HAD OR EVER WILL HAVE.
4.5 Covid-19 Clause: The novel coronavirus, COVID 19, has been declared a worldwide pandemic by the World Health Organization. COVID 19 is extremely contagious and is believed to spread mainly from person to person contact. By signing this Agreement and using the Club, you are also acknowledging that the activities and exercises you may engage in at the Club or otherwise through the services of Re.Form, including without limitation when using equipment or machines, participating in any session or class or otherwise engaging in strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, may expose you to Covid 19. In consideration of the Partnership privileges provided to you hereunder and on behalf of your heirs, beneficiaries, distributees, legal representatives, successors, assigns and guests, you hereby voluntarily and knowingly acknowledge and assume all risks associated with exercises and activities provided by Re.Form. Further, you acknowledge and agree that Re.Form is providing recreational services and may not be held liable for contraction of Covid-19. You hereby release, covenant not to sue, discharge and hold harmless Re.Form, its employees, agents, and representatives, of and from any and all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to any potential exposure to COVID 19 while engaging in any services provided by Re.Form.

5. PARTNERSHIP POLICIES

5.1 Re.Form Policies: You agree to abide by all Partnership and Club rules, regulations, policies, procedures and schedules of Re.Form, including without limitation those which may be posted at a Club, on Re.Form’s website and/or mobile app or issued orally. A current copy of key Re.Form 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.reformbk.com. Re.Form may, in its discretion, prospectively amend or supplement the Re.Form Policies at any time, with or without prior notice to you. Contact Re.Form for questions regarding Re.Form Policies.
5.2 Ancillary Services: Your purchase and use of any ancillary services and/or goods such as personal training, is subject to the Re.Form Policies, including without limitation policies for booking, cancellation and expiration dates. See Annex A to this Agreement for additional Re.Form Policies for ancillary services.
5.3 Third-Party Services: Re.Form 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 Re.Form and should not be viewed as any endorsement by, or affiliation with, Re.Form. 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, RE.FORM 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.

6. NOTICES
Your notice of cancellation must be provided in accordance with Section 3.4 above. Re.Form has the right to communicate with you regarding your Partnership, 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 Re.Form. Re.Form may also provide general partner-facing or Club-facing communications or notices (if provided), including without limitation changes to Re.Form Policies and notices regarding inclement weather or change to operating hours, within the Club, on the Re.Form website and/or Re.Form mobile app. Notices will be deemed given by Re.Form 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 Club, online or in-app. You are responsible for providing accurate, current contact information and must promptly notify Re.Form if any of your contact information changes. Re.Form 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 Re.Form permission to use (or have a third-party provider use on Re.Form 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 Re.Form, including your mobile phone.

7. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
7.1 Informal Dispute Resolution: Our goal is to do our best to ensure that every experience you have with Re.Form 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 at [email protected]. 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.
7.2 Arbitration: You agree to submit any and all Disputes (as defined in Section 7.4) 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 Re.Form initiates arbitration, it will have the choice as between these two arbitration forums.
YOU AND RE.FORM AGREE THAT, EXCEPT AS PROVIDED IN SECTION 7.4, 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.
7.3 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 Re.Form or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class partner, or otherwise participate in a class, representative, or consolidated proceeding against Re.Form, and that the arbitrator of any Dispute between you and Re.Form 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.
7.4 Definition of “Dispute”: Subject to the following exclusions, “Dispute” means any dispute, claim, or controversy between you and Re.Form regarding any aspect of your relationship with Re.Form, 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.
7.5 Arbitration Procedures and Location: Either you or Re.Form may initiate arbitration proceedings. Arbitration will be conducted before a single arbitrator. If you or Re.Form 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 particular 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, Re.Form will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules. You and Re.Form both agree to bring the arbitration in New York City, New York. As set forth in Section 8.5 below, the arbitrator will apply New York law.

8. GENERAL TERMS
8.1 Entire Agreement: This Agreement, together with the Re.Form Policies, constitutes the entire and exclusive agreement between you and Re.Form relating to your Partnership and supersedes any prior or contemporaneous representations, inducements, promises, understandings or agreements, whether oral, written or otherwise.
8.2 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 Re.Form. Notwithstanding the foregoing or anything to the contrary herein, Re.Form may, in its discretion, modify this Agreement at any time (subject to Section 2.1), upon at least thirty (30) days’ notice to you.
8.3 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) Re.Form may, in its discretion, modify such provision or portion in order to render it valid and enforceable.
8.4 Assignment: Re.Form may assign or transfer this Agreement and your Partnership, whether by operation of law or otherwise, to an affiliate of Re.Form or to a third party in the event of any merger, acquisition, sale of assets, change of control or other corporate transaction between Re.Form (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.
8.5 Governing Law: This Agreement, your Partnership, 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 Re.Form 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 Re.Form each hereby irrevocably consent to the jurisdiction of such courts and waive all objections thereto.