FS8 Niskayuna
2341 Nott Street East
Suite 201
Niskayuna, NY 12309
MEMBERSHIP AGREEMENT BETWEEN YOU AND US
The Membership Agreement is a contract between you and us. The words “you” and “your” mean the Member signing below. The words “we,” “our,” and “us” refer to AG Fitness Ventures LLC d/b/a FS8 Niskayuna, which independently owns and operates the FS8 franchised location identified above (the “Studio”).
YOUR MEMBERSHIP — DIRECT DEBIT AGREEMENT
By signing below, you authorize us to automatically charge the payment method you have provided for the membership selected and agreed upon above.
Your membership payment plus applicable taxes, will be charged on the date specified in this Agreement each month. Your membership is recurring and will continue until you or we cancel or terminate this Agreement in accordance with its terms and applicable New York law.
NOTICE TO PURCHASER
DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.
YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) BUSINESS DAYS AFTER YOU RECEIVE A COPY OF THIS CONTRACT.
Notice of cancellation may be delivered by United States mail or electronic mail at the address or email address specified in this Agreement.
If this Agreement is for a Studio that is not, at the time of this Agreement’s execution, in operation, please also read the provision titled “COMMENCEMENT OF OPERATIONS.”
New York law provides additional cancellation rights in certain circumstances, as described below.
COMMENCEMENT OF OPERATIONS
If the Studio is not open and operating when this Agreement is signed, you may cancel this Agreement if the Studio and the services to be provided pursuant to this Agreement are not available within one year from the date this Agreement is executed.
The Studio’s anticipated opening date is Ocotober 24, 2026. The anticipated opening date may change.
Nothing in this provision limits any cancellation right provided to you under New York law.
CANCELLATION RIGHTS
You may cancel this Agreement within three (3) business days after receiving a copy of this written Agreement without penalty or further obligation.
New York law also provides cancellation rights in certain circumstances, including where:
- the health club and services are not available within one year after the contract is executed when the club is planned or under construction;
- you become physically unable to receive the services because of a significant physical disability lasting more than three months, upon a doctor’s order;
- you die;
- you move your residence more than twenty-five (25) miles from any health club operated by the seller; or
- the services cease to be available as provided in the contract.
Any cancellation and refund will be handled in accordance with applicable New York law.
CANCELLATION OF MEMBERSHIP RENEWALS
The Studio will accept cancellation of a membership through methods including, but not limited to, website, electronic mail, telephone, mail, or in person, as required by applicable New York law.
This Agreement renews on a monthly basis, you may cancel the renewal by providing notice within three (3) business days after the renewal takes effect.
The Studio will accept and process valid cancellation requests within the time required by New York law.
CANCELLABILITY AND TRANSFERABILITY
This membership is personal to you and may not be transferred or assigned except as expressly permitted by the Studio or required by applicable law.
Nothing in this Agreement is intended to limit any cancellation right provided to you under New York law.
Any cancellation request must be submitted using one of the cancellation methods made available by the Studio and permitted under applicable law.
MEMBERSHIP SESSIONS
Unused monthly class sessions do not carry over to subsequent membership periods unless otherwise expressly stated by the Studio in writing.
Unused monthly class sessions may be forfeited at the end of the applicable membership period.
NOTICE OF ADVANCE CHANGES
We reserve the right to amend or modify Studio policies, rules, fees, and procedures from time to time, subject to applicable law and the terms of this Agreement.
Where advance notice is required by law or this Agreement, the Studio will provide such notice in the manner required.
The Studio may establish or modify reasonable charges associated with late cancellations, no-shows, or additional services, provided such charges are disclosed as required by law.
The term “Class,” as used herein, refers to any fitness class, indoor or outdoor activity, online class, or other physical activity offered by the Studio.
DEATH OR SIGNIFICANT PHYSICAL DISABILITY
If you die or become physically unable to receive the services because of a significant physical disability lasting more than three (3) months, upon a doctor’s order, you or your estate may cancel this Agreement as provided by New York law.
The Studio may require reasonable documentation supporting such cancellation.
Any refund will be calculated and issued in accordance with applicable New York law.
CANCELLATION IF THE STUDIO CLOSES OR SERVICES CEASE
If the Studio permanently discontinues operations or the services described in this Agreement cease to be available, you may have the right to cancel this Agreement and receive any refund required by New York law.
If you move your residence more than twenty-five (25) miles from any health club operated by the seller, you may also cancel this Agreement as provided by New York law.
ASSUMPTION OF RISK
You acknowledge that participation in fitness classes and use of exercise equipment involve inherent risks, including the risk of physical injury.
You voluntarily assume the ordinary and inherent risks associated with participation in physical activity, including risks arising from your own actions, failure to follow instructions, improper use of equipment, or failure to disclose relevant physical limitations.
Before participating in any class or using equipment, you agree to inform the Studio of any limitations, injuries, medical conditions, or other circumstances that may affect your ability to safely participate.
You acknowledge that you may discontinue participation in any class at any time.
Nothing in this Agreement is intended to waive, release, or limit any liability of the Studio, its owners, employees, agents, or representatives that cannot lawfully be waived or limited under New York law.
RELEASE AND INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to be responsible for your own conduct and for any damage or injury caused by your own negligent or intentional acts or omissions, including misuse of equipment or failure to follow Studio rules and instructions.
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless the Studio and its owners, employees, agents, and representatives from claims arising from your own negligent or intentional acts or omissions.
Nothing in this provision shall be interpreted as releasing the Studio from liability for its own negligence or from any liability that cannot lawfully be waived under New York law.
BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER
To the extent permitted by applicable law, you agree that disputes arising out of this Agreement, your membership, participation in an FS8 class, or use of FS8 equipment at the Studio will be governed by the laws of the State of New York.
Any dispute that is legally subject to arbitration shall be resolved by final and binding individual arbitration rather than in court, except that either party may pursue a claim in a court of competent jurisdiction where permitted by law, including qualifying claims in small claims court.
Any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action, to the extent such waiver is enforceable under applicable law.
Nothing in this provision shall prevent you from exercising any non-waivable rights provided under New York law.
SEVERABILITY
If any part of this Agreement is held to be invalid or unenforceable, that portion shall be modified or excluded to the minimum extent necessary, and the remainder of this Agreement shall remain in full force and effect.
No provision of this Agreement shall be interpreted to waive a right or protection that cannot legally be waived under New York law.
TERMINATION
The Studio may terminate this Agreement for material violations of Studio rules, policies, or membership terms, subject to applicable law.
The Studio may also terminate this Agreement for failure to make required payments or for other lawful reasons.
Any outstanding amounts that became due before termination may remain payable, subject to applicable law.
The Studio will not terminate or refuse to renew a membership for any reason prohibited by law.
For identification and billing purposes, you agree to provide current, accurate, complete, and updated information, including your name, address, telephone number, email address, and applicable payment information.
You agree to promptly notify the Studio of any changes to your contact or payment information.
AUTHORIZATION FOR PHONE CALLS AND TEXT MESSAGES
By providing your telephone number and signing this Agreement, you consent to the Studio and/or its agents contacting you by telephone or text message regarding class reminders, waitlists, account management, appointments, and other membership-related matters.
Standard message and data rates may apply.
You are not required to authorize calls or text messages as a condition of purchasing or participating in FS8 classes or sessions, and you may opt out of such communications at any time.
ENTIRE AGREEMENT
You acknowledge and agree that this Agreement, together with the incorporated Notice to Purchaser and any other documents expressly incorporated into this Agreement, constitutes the entire agreement between you and the Studio concerning your membership, except as otherwise required by applicable law.
Any amendment or modification to this Agreement must comply with applicable law.
MEMBER ACKNOWLEDGMENT
I have read and understand this Membership Agreement and agree to comply in full with the terms and conditions stated herein, including the terms and provisions incorporated into this Agreement. I acknowledge that I have received a copy of this Membership Agreement and have had sufficient time to read the entire Agreement before signing below.
