ENRGI Fitness — Terms, Conditions & Policies

TERMS AND CONDITIONS

Please read these Terms of Service ("Agreement" or "Terms") carefully before using https://www.enrgifitnessstudio.com ("the Site") operated by ENRGI Fitness LLC ("us," "we," or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site, mobile apps, and any services we offer, including at our studio locations (collectively, the "Services").

By using the Services in any form—including browsing the Site, booking a class, or attending a session—you agree to these Terms of Service. If you do not agree, you must stop using our Services immediately.

ACCESS & ACCOUNT SECURITY To access certain features, you may be required to create an account and provide current, complete, and accurate information. You are responsible for all activities under your account and must maintain the confidentiality of your password. ENRGI Fitness reserves the right to suspend or terminate your account for violations of these Terms.

AGE RESTRICTIONS You must be at least 15 years of age to use our Services. If you are between 15–18 years old, you may only participate with parental or guardian consent. Participants under 15 are not permitted.

PROHIBITED USES You may not use the Services:

  • For unlawful purposes or to violate any applicable laws

  • To harm others or interfere with the operation of the Site or apps

  • To distribute spam or malicious software

  • To attempt to gain unauthorized access to systems or accounts

STUDIO POLICIES Reservations: You must arrive at least 5 minutes before class. If not, your spot may be given to someone on the waitlist.

TRIAL CLASSES / FIRST-TIME GUESTS
All first-time guests, drop-ins, and trial participants must complete a signed liability waiver prior to attending any class. Participation without a completed waiver is strictly prohibited.

Cancellations: Cancel at least 6 hours in advance via our website or phone. Late cancels result in:

  • For credit holders: forfeited class credit

  • For Unlimited members: $10 late fee and current drop-in rate for no-shows

No Entry After Class Starts: Doors are locked at the scheduled start time.

Waitlisting: If you get off the waitlist within 6 hours of class, you are responsible for cancelling if needed.

Zero-Tolerance Policy: Bullying, harassment, disruptive, or inappropriate behavior of any kind will result in immediate termination of your account and access to services.

No Phones in Class: All devices must be stored during class unless pre-approved for vlogging or media purposes by ENRGI Fitness management.

Cycling Shoe Rentals: Rental shoes must be returned immediately after class. Failure to do so will result in a $150 fee. Shoes must be used only by the renting client and returned in undamaged condition.

REFUND & RETURN POLICY

  • All classes, memberships, and event tickets are non-refundable and non-transferable.

  • Retail items may be exchanged or returned for store credit within 7 days of purchase (14 days for online orders) if unused and with tags intact.

  • No returns on final sale or discounted items.

  • Refunds are not issued for unused classes, partial billing periods, or absences.

GIFT CARDS & PROMOTIONS
Gift cards, account credit, and promotional offers are non-refundable and not redeemable for cash, except as required by New York State law. Expiration terms will be stated at the time of issue.

MEMBERSHIPS & PAYMENT ENRGI Fitness offers membership options with varying commitment lengths, including:

  • Month-to-Month

  • 6-Month Commitment

  • 12-Month Commitment (Annual)

MEMBERSHIP CHANGES
Requests to switch between membership plans (e.g., monthly to annual) must be submitted in writing at least 7 days before the next billing cycle. Plan changes may only take effect at the start of a new commitment period.

By purchasing a membership, you agree to the following:

Auto-Renewal & Billing: You authorize ENRGI Fitness to automatically charge your provided payment method on a recurring monthly basis according to your membership type and rate. Charges will continue until you submit a cancellation request or your agreed-upon commitment term ends.

Commitment Terms: Month-to-month memberships may be canceled at any time with 30 days’ written notice. 6- and 12-month memberships are considered binding for the full commitment period. Early cancellations are not permitted unless explicitly stated in writing or due to qualifying circumstances (e.g., relocation, medical issues).

Cancellation Notice: You must send a cancellation request in writing to info@enrgifitnessstudio.com at least 30 days before your next billing date. Cancellations will not be prorated or refunded mid-month.

Payment Requirements: A valid credit card must be kept on file at all times. If payment fails, you will have 3 days to resolve the issue. After that, your account may be frozen, and access to classes may be restricted.

Late Payments & Chargebacks: Returned or failed payments may be subject to a $25 administrative fee. Unauthorized credit card chargebacks without prior attempt to resolve directly with ENRGI Fitness may result in service suspension and recovery of costs, including attorney or collection agency fees.

Changes to Membership: To switch between plans (e.g., from monthly to annual), email info@enrgifitnessstudio.com at least 7 days before your next billing cycle.

Electronic Signatures: By using our services or clicking "I Agree" during digital sign-up, you consent to use electronic records and signatures under the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN).

RIGHT TO CANCEL (NY GENERAL BUSINESS LAW § 395-c) You may cancel your purchase of any membership or package within three (3) business days of signing up or receiving your purchase confirmation. Cancellation must be submitted in writing by email to info@enrgifitnessstudio.com. A full refund will be issued within 15 days if the request is received within this period.

FREEZE POLICY (Annual Memberships) Annual memberships may be frozen for up to two (2) months per 12-month period for medical, travel, or personal reasons. To request a freeze, submit written notice to info@enrgifitnessstudio.com at least 7 days in advance. The request must include the start date and reason. During the freeze period, billing will pause, and the membership term will be extended accordingly. Retroactive freezes are not permitted.

EXTENUATING CIRCUMSTANCES POLICY
In addition to standard freezes, extended holds may be granted in cases of pregnancy, military deployment, family emergency, or other serious events. Documentation may be required. All freeze requests must be made in writing.

LATE PAYMENTS & COLLECTION FEES
If a payment is more than 3 days late, a $25 late fee may be applied. Continued non-payment may result in account suspension and collection referral. You agree to pay all reasonable collection and legal fees incurred.

PERSONAL PROPERTY ENRGI Fitness is not responsible for lost, stolen, or damaged belongings.

ASSUMPTION OF RISK By participating in ENRGI Fitness classes, you acknowledge the inherent risks associated with physical activity, including but not limited to muscle strain, cardiovascular complications, or injury. You voluntarily assume all risks and agree to consult a physician before beginning any exercise program. You agree to report any injuries or incidents immediately to ENRGI Fitness staff.

MEDICAL EMERGENCY CONSENT In the event of a medical emergency, you authorize ENRGI Fitness staff to obtain emergency medical treatment on your behalf, including but not limited to first aid, CPR, and EMS. You agree to assume financial responsibility for any resulting services.

WAIVER AND RELEASE OF LIABILITY By participating in ENRGI Fitness classes or using our facilities or services, you acknowledge and assume the inherent risks associated with physical activity, including but not limited to slips, falls, collisions, cardiovascular incidents, or musculoskeletal injuries.

To the fullest extent permitted by law, you voluntarily and expressly waive any and all claims against ENRGI Fitness LLC, its owners, instructors, employees, agents, and affiliates for any injury, loss, or damages arising from your participation. You affirm that you are in good physical condition and have consulted a healthcare provider if needed.

This waiver applies regardless of whether injury arises from negligence (except gross negligence or willful misconduct), and remains in effect throughout your participation.

Minors: If you are under 18 years of age, a parent or legal guardian must sign a separate waiver form in person before participation. Minors cannot waive liability on their own behalf.

PHOTO & VIDEO RELEASE By entering the studio or participating in classes, you grant ENRGI Fitness permission to use your image or likeness in photos, video, or media for promotional purposes unless you notify us in writing prior to participation.

ADA / ACCESSIBILITY ENRGI Fitness is committed to inclusivity. If you require accommodations due to a disability, please contact us at info@enrgifitnessstudio.com prior to your visit.

DISPUTE RESOLUTION & ARBITRATION Any disputes will be resolved through binding arbitration in Erie County, New York, under the rules of the American Arbitration Association. You waive the right to a jury trial.

CLASS ACTION WAIVER You agree that any disputes with ENRGI Fitness shall be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

THIRD-PARTY SERVICES ENRGI Fitness is not responsible for technical issues, billing errors, or data breaches caused by third-party platforms used to manage bookings, payments, or communications.

INTELLECTUAL PROPERTY All content on the Site—including logos, images, and written materials—is the property of ENRGI Fitness and may not be reproduced without written permission.

TERMINATION We may terminate your access to Services for any reason, including a breach of these Terms. If your account is terminated, no refunds will be issued.

SURVIVAL The following provisions survive termination: liability waivers, intellectual property, governing law, indemnity, dispute resolution, and limitation of liability.

GOVERNING LAW These Terms are governed by and interpreted in accordance with the laws of the State of New York.

ENFORCEMENT & SEVERABILITY

These Terms and Conditions shall be binding to the fullest extent permitted by applicable law. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any unenforceable provision shall be modified to the extent necessary to make it enforceable while preserving its original intent as closely as possible.

GOVERNING LAW & JURISDICTION

These Terms shall be governed by and interpreted solely in accordance with the laws of the State of New York. Any dispute or litigation involving the parties shall be brought exclusively in the federal or state courts located in Buffalo, New York, and both parties consent to such jurisdiction and venue.

FORCE MAJEURE
ENRGI Fitness is not liable for any delay, disruption, or failure to perform due to causes beyond its control, including natural disasters, pandemics, governmental actions, facility damage, or utility failure. In such cases, memberships may be paused or extended at the Studio’s discretion.

GOVERNING LAW & JURISDICTION
These Terms shall be governed and interpreted solely in accordance with the laws of the State of New York. Any dispute or litigation involving the parties shall be brought exclusively in the federal or state courts located in Buffalo, New York, and both parties consent to such jurisdiction and venue.

ENFORCEMENT & SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any unenforceable provision shall be modified to the extent necessary to be enforceable while preserving its original intent.

ENTIRE AGREEMENT These Terms, along with our Privacy Policy and Waiver of Liability, form the complete agreement between you and ENRGI Fitness.

CONTACT ENRGI Fitness
8167 Sheridan Drive Williamsville, New York 14221
info@enrgifitnessstudio.com
https://www.enrgifitnessstudio.com