terms & conditions

Please read our Terms and Conditions (“the Terms”) carefully before booking classes. By booking a class, buying a class package, or signing up for a membership at the end of this document, you are confirming that you have read the Terms and agree to be bound by them. These Terms together with the items listed below, constitute a contract of membership between you (the client) and us (Third Avenue Fitness). All classes, activities and workshops are supplied by Third Avenue Fitness (54 Wendell Avenue, Pittsfield, MA 01201) subject to the following express Terms. In these Terms “we”/”us”/”our” means Third Avenue Fitness and “you”/”your”/”yours” means you, the direct client.

DATA PROTECTION

We, Third Avenue Fitness, will use your personal details and information to provide you with use of our services and facilities, to administer and maintain our membership records, to process your application and payments, to verify your identity and to carry out market research. We may keep your information for a reasonable period for these purposes. We may share your information with our service providers in order to provide you with Third Avenue Fitness services and also with other third parties to comply with our legal or regulatory obligations, for the prevention of fraud or other crimes, and in the case of medical emergencies. If your personal details change, if you change your mind about how you wish to be contacted, or if you have any queries about how we use your information, please let us know by contacting Third Avenue Fitness directly. You hereby consent to the use of your information, including sensitive personal data relating to your health and fitness, for the reasons and in the manner set out above.​​

BOOKING CLASSES

The cost of each regularly scheduled class may be covered by 1, 5 & 10 class packages and is clearly defined on our schedule. If you are a monthly subscription member, all regularly scheduled classes included in your chosen membership type will have no cost attributed to them. All classes covered under your membership will be clearly defined in your client profile as well as the schedule. Additional classes, workshops, and events hosted/taught outside of our regularly scheduled classes may be paid for at the time of booking on our website or in person at the studio prior to the class starting. All classes, packages, special events, and all other offerings of Third Avenue Fitness must be paid IN FULL prior to being added to the class.

MEMBERSHIP CONTRACT PERIOD

Unlimited memberships cannot be cancelled within the first month of activation. If you sign up for the monthly membership, your membership will not expire until you make the choice to cancel your subscription to Third Avenue Fitness. Third Avenue Fitness requires a written, formal declaration of cancellation from the client prior to cancelling the membership in our system. Third Avenue Fitness will not refund membership fees taken during the month of cancellation no matter when the cancellation occurred. Third Avenue Fitness is in no way, under any circumstances, responsible or obligated to pay for member’s insufficient fund penalties, returned checks, and/or over the limit fees. A $30 fee will be charged for all insufficient funds and returned checks.

PAYMENT OPTIONS FOR DROP-INS

If you wish to pay for classes, workshops, courses, promotions, etc. via pay-as-you-go/drop-in: Payment for your class/event/workshop may be made by cash, credit card or debit card. Payments can be made online with a credit card or debit card. Payments can be made in person at Third Avenue Fitness by credit card, debit card, or cash.

PAYMENT OPTIONS FOR CLASS PACKAGES

You can purchase a 1, 5 or 10 class packages online via our website or in person at Third Avenue Fitness. Drop-in/single-class-passes must be used within a 3 month period of the purchase date and, after this period, any unused credits will expire. 5 class passes must be used within a 6 month period of the purchase date and, after this period, any unused credits will expire. 10 class passes must be used within a 6 month period of the purchase date and, after this period, any unused credits will expire. Passes cannot be suspended or extended.

CANCELLATIONS/NO SHOWS/LATE ARRIVALS

You may cancel your booking at any time, but all classes are paid in full at time of booking and are completely non-refundable under any circumstance. If you are on a 5 or 10 class pass, upon cancellation prior to the class taking place, the credit will not be used and will remain on your account. If you fail to attend class without any notice of cancellation, you will not be refunded under any circumstances. If you have paid for a special class, workshop or course hosted/taught outside of our regularly scheduled classes, and fail to attend or cancel, you will not be refunded under any circumstances. Late arrivals are allowed. We just ask that you be courteous to those attending the class when you arrive.

RESCHEDULING

You may change your booking for a class, up to 2 hours before the start of your class/course/workshop that you have booked if you are a member and utilize our scheduling services. This can be done by logging into your account, clicking the class you would like to reschedule, and choosing the next available date.

SUBSTITUTIONS/STUDIO CANCELLATIONS

In the event that Third Avenue Fitness cancels a class or classes that you have booked, we will contact you by email or telephone to let you know as soon as possible. At the time of cancellation we will offer you the choice between: 1. crediting your Third Avenue Fitness account with the price of the cancelled class; or 2. being transferred to a class at an alternative date and time.

BOOKING CONFIRMATION

Your booking is not complete until you have received a booking confirmation via email from us. Please make sure you receive a booking confirmation before you attend the class. If you do not receive confirmation please contact us by phone. Prices are subject to change at any time before we accept your booking. All classes are subject to availability. We do not guarantee availability at any time.

PRICE CHANGE

We reserve the right to review and change the price of our classes and memberships at our sole and absolute discretion. If membership fees are affected, members will be notified a month prior to the change and you will have the choice to 1. accept the new charges or 2. cancel your membership. A non-response to notification of change will be accepted as you, the client, accepting our new pricing.

10. PAYMENT Payment for one-month unlimited memberships and promotional packages may be made by cash, credit or debit card. Payment for one-year memberships must be made by debit or credit card. Your membership fees for the one-year membership will be payable each month of your contract period and will become due monthly on the date that you begin your membership. If you sign up online or in studio for a one-year membership, you must pay your first month's payment upfront by debit or credit card. Your membership fees will then be payable each month of your contract period and will become due on the same date each month which may vary depending upon the date you signed up.

MEMBERSHIP/SUBSCRIPTION PAYMENTS

If your Membership Fees become overdue, we reserve the right to refuse you entry into our studio/classes/courses/workshops etc. until the overdue sums are paid in full. Should you default on payments to us, we reserve the right to notify the default to a credit reference agency or other third party to obtain payment from you.

SAFETY

Third Avenue Fitness is committed to the safety and welfare of all clients and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Third Avenue Fitness has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership and/or cancellation of class passes without refund of any client engaging in unacceptable behavior in or outside of the fitness space. Clients who do not observe Third Avenue Fitness's rules and regulations or who abuse equipment in any fashion will be asked to leave. Third Avenue Fitness reserves the right to terminate memberships or class passes of anyone who refuses to observe any of Third Avenue Fitness's rules. Not all rules are listed in these terms. Third Avenue Fitness reserves the right to add, change or remove rules and conditions of membership. Third Avenue Fitness reserves the right to add, change or remove rules and conditions of participation in classes, workshops and activities hosted at Third Avenue Fitness. Third Avenue Fitness reserves the right to permanently ban clients without notification.

FORCE MAJEURE

We shall not be liable to the client or deemed to be in breach of these terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms, if the delay was due to any cause beyond reasonable control, including, but not limited to, Acts of God, explosion, flood, storm, fire, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T, viruses, difficulties in obtaining raw materials, labor, fuel, parts or machinery, power failure or breakdown in machinery.

MARKETING/IMAGE RELEASE

you, the client, agree to release your image for marketing purposes solely executed by Third Avenue Fitness. you, the client, agree to being photographed, video taped, etc. for marketing purposes, website images, social media images, etc. that pertain to Third Avenue Fitness. If you do not wish to be photographed, videotaped, etc. you must provide written documentation of this request to Third Avenue Fitness. ​

No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.These Terms constitute the entire agreement between the parties and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between parties.These Terms shall be governed by and construed in accordance with United States of America law and the parties hereby agree to submit the exclusive jurisdiction of the United States of America.​

liability waiver

I agree and consent to the following:

I am voluntarily participating in the exercise/fitness program conducted by Third Avenue Fitness Boutique and all parties associated at 54 Wendell Avenue in Pittsfield Massachusetts 01201. I recognize that the program requires physical exertion that may be strenuous at times and may cause physical injury and I am fully aware of the risks and hazards involved.

I understand that it is my responsibility to consult with a physician prior to and regarding my participation in any program conducted at/by Third Avenue Fitness Boutique and all associated. I represent and warrant that I have no medical condition that would prevent my participation in any programs/classes associated with Third Avenue Fitness Boutique.

I agree to assume full responsibility for any risks, injuries or damage know or unknown which I might incur as a result of participating in any classes/programs associated with Third Avenue Fitness Boutique. Such injuries may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness, including death. I knowingly, voluntarily and expressly waive any claim I may have against Third Avenue Fitness Boutique and all associated within for injury or damages that I may sustain as a result of participating.

I, my heirs or representatives forever release waive, discharge and covenant not to sue Third Avenue Fitness Boutique and all associated therein for any injury or death caused by their negligence or other acts. I have read the above waiver and release of liability and fully understand it contents. I voluntarily agree to the terms and conditions stated above.