Your agreement will automatically continue until it is canceled by you or by Blink. These terms and conditions may be modified from time to time at Blink’s discretion.
ELECTRONIC FUNDS TRANSFER AUTHORIZATION
I, Buyer, authorize my Blink monthly payment to be made by the method indicated at the time of purchase, and for Blink to post payment to my account. I understand that the monthly dues plus tax indicated at the time of purchase will be transferred on the 1st day of each month after my membership enrollment month. The monthly dues will continue to be paid each month at the monthly rate then in effect and this agreement and its services will continue until this agreement is cancelled in accordance with the cancellation terms hereof. I understand I will be billed an Annual Maintenance Fee. I, Buyer, authorize my Blink Annual Maintenance Fee payment to be made by the method indicated at the time of purchase, and for Blink to post payment to my account. I understand that the Annual Maintenance Fee will be $59.99 plus applicable tax and will be transferred on the 3rd day of the second month after my membership enrollment month and each year on the anniversary of
that date.
For Members whose primary payment method is direct debit from bank account: If my payment source indicated below is direct debit from my bank account, Blink requires me to provide and maintain an alternative payment source on file, which I provided to Blink when I signed this Agreement. Any time (if ever) that a debit from my bank account is returned or rejected for any reason, I authorize Blink to use the alternative payment source for the past due amount as soon as Blink
becomes aware of the returned or rejected payment and to thereafter either (at Blink’s election) (x) continue to charge my alternative payment source for payments due hereunder or (y) resume direct debits from my bank account, as set forth above. In addition, should I cancel this Agreement and owe a prorate notice period and/or buy out fee to Blink in accordance with this Agreement, I authorize Blink to use my alternative payment source for the prorate notice period and/or buy out fees. Finally, if I change financial institutions or credit cards, I will provide Blink in writing all information needed for the replacement automatic withdrawal at least ten (10) days before the effective date of the change. Blink shall notify member by email at least ten (10) days before any transfer of funds that will vary in amount from the preauthorized monthly dues or annual maintenance fee or that will otherwise vary from the previous transfer; and/or before an y Late Fee (as defined below) or other non-scheduled incidental charge is deducted from their bank account, if applicable.
For Members whose primary payment method is credit card but have also provided bank account information for direct debit: If my primary payment source indicated below is credit card but when I signed this Agreement I also provided Blink with my bank account information for direct debits therefrom as an alternative payment source on file, any time (if ever) that a credit card charge is rejected for any reason, I authorize Blink to debit amounts directly from my bank account to pay my monthly dues or my Annual Maintenance Fee as soon as Blink becomes aware of the rejected credit card payment. I also authorize Blink to thereafter (at Blink’s election) either (x) continue to debit my bank account directly for payments due hereunder or (y) resume charging my credit card, as set forth above. Finally, if I change financial institutions or credit cards, I will provide Blink in writing all information needed for the replacement automatic withdrawal at least ten (10) days before the effective date of the change.
Blink will provide thirty (30) days' notice to Member by email of any change in the monthly or annual maintenance fee. By signing, Member agrees to electronic delivery of notices and acknowledges Member is responsible for providing Blink with an accurate e-mail address and updating that email when necessary. Furthermore, Member understands that this is an ongoing consent to receive such
notices in an electronic format. This authorization remains in full effect until the Member’s Blink membership expires or the Blink Membership Agreement has been canceled pursuant to the terms thereof.
FOR ANNUAL/COMMITMENT MEMBERSHIPS THAT ARE PAID FOR MONTHLY, you acknowledge that your membership is for an initial twelve (12) month commitment period (the “Initial Membership Period”) and, except for those limited cancellation rights expressly set forth herein, you may not cancel your membership or otherwise terminate this Agreement during the Initial Membership Period without paying a buy-out fee. In the event that you desire to terminate your membership at the expiration of the Initial Membership Period, you shall provide written notice to Blink at least 45 days prior to the expiration
of the Initial Membership Period. In the event that you do not notify Blink at least 45 days prior to the expiration of the Initial Membership Period, then your membership and this Agreement will automatically convert at the end of the Initial Membership Period to a monthly membership agreement that will
automatically continue month-to-month until your membership is canceled by you or by Blink in accordance with the terms and conditions of this Agreement. Notwithstanding anything to the contrary above, your annual membership may be terminated prior to the expiration of the Initial Membership
Period upon the delivery to Blink of a 45-day written notice of cancellation and the payment of a $60 buyout fee.
FOR MONTHLY/NO-COMMITMENT MEMBERSHIPS, you acknowledge that your membership and this Agreement will automatically continue month-to-month until canceled by you or by Blink in accordance with the terms and conditions of this Agreement. You can terminate this Agreement at any time and without a buyout fee upon the delivery to Blink of a 45-day written cancellation notice.
CARD ON FILE PURCHASES: Purchases of retail, food, beverage or other items sold in Blink Fitness gyms may be made using the card on file listed on
your account. Such charges will be paid for and billed to your card at the time of purchase and are non-refundable.
PRE-SALE ONLY: I authorize a pro-rated charge of my monthly dues for the first month as well as the payment in full for the following month to be collected
upon Club opening. Billing will not begin until after the Club opening date. I authorize the annual maintenance fee plus any applicable tax to be charged on
the 3rd day of the 2nd month after the month in which the club opens (and each subsequent anniversary of such date).
CANCELLATION RIGHTS
• CONSUMER’S RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE AGREEMENT START DATE (the day you purchase the membership). Notice of cancellation shall be provided to Blink: by email at cancellations@blinkfitness.com; by online process at BlinkFitness.com; in person at any club at which you are a member; or certified mail, return receipt requested, sent to Blink Fitness Member Services, 45 West 45th Street, New York, NY 10036. Such notice should be accompanied by the contract forms, membership cards and any other documents of evidence of membership previously delivered to the Buyer. All monies paid pursuant to such contract shall be refunded within fifteen business days of receipt of such notice of cancellation. If the Buyer has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the Buyer shall also be returned within fifteen days.
ADDITIONAL RIGHTS TO CANCELLATION
• You may also cancel this contract for any of the following reasons:
A) If upon a doctor's order, you cannot physically receive the services because of significant physical disability for a period in excess of six months, as evidenced by a signed letter from your doctor or other reasonable proof of your significant physical disability;
B) If you move your residence more than twenty-five miles from any health club operated by Blink (must provide satisfactory proof of new residence);
C) 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; or
D) 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 Blink’s permanent discontinuance of operation or substantial change in operation. All monies, except the Join Fee, paid pursuant to such contract canceled for the reasons in this paragraph shall be refunded provided however, that Blink may retain the expenses incurred and the portion of the total price representing the services used or completed, and
further provided, that Blink may demand the reasonable cost of goods and services which the Member consumed or wishes to retain after cancellation of the contract. In no instance shall Blink demand more than the full contract price from the Member. If the Member has executed any credit or loan agreement to pay for all or part of the health club services, such negotiable instrument executed by the Member shall also be returned within fifteen (15) days. Promotional Months: Member agrees that if Member received any free months as an inducement to enter into this Agreement, such free months shall not be considered in computing the amount of any refund to which Member shall be entitled.
To exercise any of these cancellation rights you must send a cancellation notice to Blink: by email at cancellations@blinkfitness.com; by online process at BlinkFitness.com; or in person at any club at which you are a member. Your membership agreement must be active and in good standing in order to cancel. Your cancellation notice must include your full name, membership ID number, and contact information.
Such notice must be provided to Blink promptly following the onset of the circumstances giving rise to the cancellation. Within fifteen (15) days after Blink receives notice of such cancellation, it will refund, using the Payment Information on-file, any prepaid unused Membership Dues.
- If you are buying an annual/commitment membership that is paid monthly, by signing this Agreement, you are committing to the Initial Membership Period which you cannot cancel immediately and without penalty, except for the limited reasons listed above in the “Rights to Cancellation” sections. You can terminate your Agreement with 45 days’ written notice sent to Blink: by email at cancellations@blinkfitness.com; by online process at BlinkFitness.com; or in person at any club at which you are a member. At the time of cancellation, you will be required to pay the pro- rated amount for the 45-day notice period plus a $60 buyout fee. All fees, including the Annual Maintenance Fee, are non- refundable.
- If you are a corporate member your $60 buyout fee will be waived. After the Initial Membership Period your agreement will automatically convert to a monthly agreement that automatically continues month-to-month and can be cancelled by pre-paying the pro-rated amount for the 45-day notice period with no buyout fee. Blink will provide thirty (30) days' notice to Member of any change in the monthly or annual fee.
- If you are buying a monthly/no-commitment membership, the membership will continue on a month-to-month basis until cancelled. You can terminate your Agreement at any time with 45 days’ written notice sent to Blink: by email at cancellations@blinkfitness.com; by online process a BlinkFitness.com; or in person at any club at which you are a member. At the time of cancellation, you will be required to pre-pay the pro-rated amount for the 45 day notice period. All fees, including the Annual Maintenance Fee, are non-refundable. Blink will provide thirty (30) days' notice to Member of any change in the monthly or annual fee.
- If you are buying a paid-in-full (“PIF”) membership, the membership will automatically expire on the Expiration Date unless it is renewed or extended. PIF members with an agreement for a one-year term that cancel before the Expiration Date must provide 45 days’ notice of their cancellation and will then receive a prorate refund minus the $60 buy-out fee. PIF members with an agreement for a term less than one year that cancel before the Expiration Date must provide 45 days’ notice of their cancellation and will then receive a prorate refund.
- Corporate PIF members with an agreement for a one-year term that cancel before the Expiration Date will not receive a refund if they cancel in the first six months of the term. After six months, Corporate PIF members must provide 45 days’ notice of their cancellation and will receive a prorate refund. PIF members can terminate by sending a notice of cancellation to Blink: by email at cancellations@blinkfitness.com; by online process at BlinkFitness.com; or in person at any club at which you are a member.
>> IMPORTANT NOTICE FOR HEALTH CLUBS MEMBERS <<
You may make payments on an installment basis or in a single payment. Paying the full amount may be less expensive, but may involve financial risk for you. Read this notice carefully before making a decision. State law requires certain health clubs to post a bond or other financial security to protect members in the event the club closes. In deciding whether to make your payments on an installment basis, you
should be aware that if the club closes, although the club will remain legally liable for a refund, you may risk losing your money if the club is unable to meet its financial obligations to members. 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, NY12231.
BUYER AND MEMBER EACH HEREBY ACKNOWLEDGE RECEIPT OF A FULLY COMPLETED COPY OF THIS AGREEMENT EXECUTED BY BOTH MEMBER/BUYER AND SELLER. MEMBER SHALL RECEIVE A COPY AT THE EMAIL ADDRESS PROVIDED DURING PURCHASE.
MEMBER/BUYER AND SELLER EACH ACKNOWLEDGE THE ADDITIONAL MEMBERSHIP AGREEMENT TERMS SET FORTH ON THE FOLLOWING PAGES.
>>The following billing terms and billingschedule for the Annual Maintenance Fee only applies to
agreements that are paid monthly and does not apply to Paid-In-Full agreements<<
Annual Maintenance Fee: The Annual Maintenance Fee plus any applicable tax is due and payable each year on the third day of the second month after your membership enrollment month (and each subsequent anniversary of such date) listed in the following schedule. Members will be responsible
for payment of the annual fee if a cancellation is requested on or after the 15th of the month preceding the annual fee billing date. Such cancellation requests are also subject to the standard cancellation terms contained in the member’s agreements.
ADDITIONAL MEMBERSHIP AGREEMENT TERMS
1. MEMBER INFORMATION: By signing this agreement, Member expressly consents to the collection, use and disclosure of his/her personal information by Blink, its affiliates and service providers acting on its and their behalf. Information collected may include contact information, demographic information, credit card and other payment information, and information on usage and interactions with Blink and its clubs, including information regarding health, physical condition, nutrition, fitness goals, and workout results. Member information may be used to: administer membership and communicate regarding Member’s account, billing, club updates and operational information; provide Blink’s products and services
and otherwise satisfy its business purposes and needs, including delivering a more relevant and curated experience; communicate special offers and information about products, services and offerings of Blink and/or its affiliates, subject to Member’s exercise of any opt-out choice that may be
required by law; and this information may be combined with other information collected during his/her relationship with Blink, including through its websites or apps. Depending on the nature of the communication, Blink may contact Member by mail, email, telephone, cellular phone, text or other
means, automated or otherwise. Member information may be disclosed to third parties as needed to administrate membership and operate Blink’s business, including for compliance, legal and protection purposes and other purposes for which we have informed Member from time to time. Blink
may share aggregated data with third parties that may include Member information such as demographics, but does not identity them. Blink considers Member information to be a valuable asset of the business, which would be transferred as part of any sale of the business or other
corporate transaction. Member information may be stored and processed in centralized databases maintained by or on behalf of Blink, which may be located in other states or countries with different laws regarding personal data.
2. MEMBER'S HEALTH WARRANTY: Member and/or Buyer represent that Member is in good health and has no disability, impairment, injury, illness, disease (including an infectious disease) or ailment preventing him/her from engaging in active or passive exercise or which would cause increased
risk of injury or adverse health consequences to Member or employees or other Members as a result of use of the Club or its facilities in any manner. Blink encourages Member to see their doctor on a regular basis and seek their advice prior to engaging in any new or modified fitness or nutrition
regimen or if Member has any questions or concerns regarding his/her health and fitness regimen or the diagnosis of any medical condition.
3. WAIVER AND RELEASE OF LIABILITY: IN CONSIDERATION OF THE MEMBERSHIP 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 BLINK, ITS PARENTS, SUBSIDIARIES, AND OTHER AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS (THE “BLINK PARTIES”) FROM, AND SUCH BLINK 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, DISEASE (INCLUDING AN INFECTIOUS DISEASE), INFECTION,IMPAIRMENT, PHYSICAL PAIN, MENTAL ANGUISH, PARALYSIS, HEART ATTACK OR DEATH, ARISING OUT OF, IN CONNECTION WITH OR RELATED TO THIS AGREEMENT, YOUR MEMBERSHIP, 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, INCLUDING THOSE LOSSES OR DAMAGES RESULTING FROM OR CAUSED BY, IN WHOLE OR IN PART, THE NEGLIGENCE OF ANY BLINK PARTY AND REGARDLESS OF 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 TO THE EXTENT CAUSED BY OR RESULTING FROM THE WILLFUL OR WANTON MISCONDUCT OF ANY BLINK PARTY OR 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. RULES, REGULATIONS, AND SCHEDULES: Member agrees to abide by all the membership rules, regulations and schedules of the Club, which may be posted at the Club or issued orally, and which may be amended from time to time, at Blink's sole discretion.
5. NON-DISCRIMINATION: Blink does not tolerate discrimination or harassment of any person on its premises on the basis of race, national origin, ancestry, color, creed, religion, sex, sexual orientation, gender, gender identity, age, disability, or any other basis protected by law. All members will have access to restroom and locker room facilities that correspond to their sincerely held self-reported gender identity to the extent permitted by applicable law.
6. PRESENTATION OF MEMBERSHIP CARD: No one will be admitted to Blink Fitness Clubs without displaying a valid membership card, barcode on the Blink App or registering as a guest.
7. IDENTIFICATION: Blink reserves the right to require you to maintain a photo or copy of your photo identification on-file with Blink and/or to show photo identification or otherwise verify your identity before entering any Club.
8. INDEPENDENT CONTRACTORS: From time to time we may make available to members and their guests the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to Members or their guests for any period of time, and hereby disclaim all liability arising out of such services.
9. GUESTS/TRIAL USERS: Member's guests and trial users are permitted in the club, but only pursuant to such rules, regulations, fees and schedules for such persons as may then be in effect. The Club reserves the right to limit the number of times any one guest can use the Club and reserves the right to exclude any guest whose use of the facility, in the sole opinion of the Club, would be detrimental to the Club or any of its members. All guests and trial users must sign in at the front desk or kiosk and present photo identification prior to using the Club. Blink reserves the right to set or modify age restrictions and access rules for guests and trial users. Member should consult the Club for details.
10. FREEZE POLICY. (a) Medical. If Member is medically unable to use the Blink facilities, Member may request a freeze of their membership in monthly increments for a minimum of 1 month and maximum 6 months per year. Members must provide a doctor's note at the time of requesting a freeze. If a Member terminates the membership after expiration of the maximum freeze period of 6 months, Buyout fees (if
applicable to the membership type) will still be due. (b) Non-medical, if a Member desires to freeze their account for a non-medical reason, Member should consult with Member’s home club which will be authorized to authorize a non-medical freeze at its sole discretion. Blink reserves the right to adjust this freeze policy from time to time at its sole discretion. All requests must be received at least ten (10) days prior to Member’s next billing date period. Retroactive freezes will not be accepted. Certain fees may apply to any freeze of a Member’s membership. Blink may also, upon notice to you, freeze your membership. Your monthly dues will be automatically reinstated at the end of your freeze and billed to the account on file with Blink unless you cancel your membership. Please note that you will still be billed for your Annual Maintenance Fee when it is due, even if your account is frozen.
11. TRANSFERS OF THIS CONTRACT OR RIGHTS AND DUTIES HEREUNDER: Member/Buyer may not transfer, sell, or assign its interest in this Contract or the membership and other rights and duties created hereby. Except for restrictions set forth in applicable law, Blink is authorized - without the consent of Member or Buyer (as applicable) - to transfer, sell, or assign its interest in this Contract and/or Blink’s rights and duties created hereby.
12. UPGRADES/DOWNGRADES: Members may upgrade or downgrade his/her member agreement type. Refunds or additional charges, including a buy-out fee, may apply to an upgrade or downgrade. Member should consult the Club for details.
13. REFUNDS: Blink will process any applicable refund to a Member’s credit card on file. If a Member is paying by direct debit of their bank account, Blink will process any applicable refund to their alternative payment source on file.
14. BUYER'S OBLIGATIONS: Buyer shall not be relieved of Buyer's obligations to make payments agreed to, and no deduction from any payments shall be made because of Member's failure to use the Club's facilities. (Member dues are for the period of time and are no way related to or adjusted
based on, actual usage of the Club.)
15. ENTIRE AGREEMENT: Except for (a) the rules, regulations and schedules posted at the Club, issued orally by Blink from time to time at its discretion, or posted on Blink’s website (available at https://blinkfitness.com), which Blink may modify from time to time at its discretion), (b) Blink’s Privacy Policy (available at https://www.blinkfitness.com/privacy, which Blink may modify from time to time at its
discretion) and (c) Blink’s Website Terms of Use (available at https://www.blinkfitness.com/terms, which Blink may modify from time to time at its discretion), all of which are incorporated by reference to into this agreement (collectively, the “Incorporated Agreements”), this contract constitutes the entire agreement between the parties relating to the subject matter hereto and supersedes any oral or
other written understanding except for the Incorporated Agreements. In the event of a conflict between the terms of this agreement and the terms of the Incorporated Agreements, the terms of this agreement supersede and control. This contract and those incorporated herein by reference may only be modified in writing executed by a duly authorized representative of the Blink Corporate office. Blink employees are not authorized to make any independent agreements with Member/Buyer.
16. UNPAID BALANCES: Members will not be permitted to use any Club until all fees are current, including any Annual Maintenance Fee that is due. Buyer and/or Member is obligated to pay any collection and/or legal costs incurred by Blink for collection of any fees. Payment is expected at time of invoice or Club privileges will be suspended and a new Initiation Fee will be required. Blink reserves the right to charge balances and overdue balances to member’s current account under the Electronic Funds Transfer Authorization provided above. If any amount payable to Blink is not honored by Member’s (or Buyer’s) bank or debit or credit card in the month when such amount is due, Management will assess a $25 charge for each dishonored payment (“Late Fee”) and collect thecurrent and past-duebalance in any subsequent month. To the extent that Buyer and Member is not the same person, Member shall be obligated to make all payments that Buyer fails or has failed to make (including past and future payments for use of the Club). Blink has the right to communicate with you regarding your membership, 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 Blink. You hereby irrevocably consent and give Blink permission to use (or have a third- party provider use on Blink’s 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 Blink, including your mobile phone. Blink does not accept checks for unpaid balances.
17. LOCKERS: Lockers are provided solely for the benefit and convenience of members. Management will remove any articles leftin alocker overnight. Members must provide their own lock. Blink is not responsible for lost or stolen items or articles left in lockers. I release Blink of any and all claims,
demands, suits, complaints, cause of action or any liability for loss, stolen or damage to my personal property. Storage of illegal substances, firearms, and toxic or volatile chemicals is prohibited and punishable by law.
18. VALUABLES AND PERSONAL PROPERTY: Members are urged to avoid bringing valuables onto Club premises. Blink shall not be liable for the loss of or theft of, or damage to, the personal property of member or guests, including items left in lockers, or elsewhere in the Club.
19. CHILDREN'S USE: Children under 18 years of age are not permitted to enter or use the Club unless they have joined as a Junior member with parent or guardian authorization. Blink reserves the right to change or modify this policy. Members should consult the Club for details.
20. DRESS CODE: Proper athletic attire and footwear required. No street clothes or dress shoes permitted in fitness area. Management has the right to prevent the use of any equipment if the proper attire is not worn. Blink reserves the right to make the final determination in its sole discretion with
regard to appropriate attire.
21. PERSONAL TRAINING: All sales of personal training sessions are final and non-refundable. Personal training sessions expire upon the termination of this Agreement or six (6) months after the purchase date of the sessions, whichever comes earlier unless prohibited by law or a different expiration date is
expressly stated in writing by Blink. Personal training sessions do not constitute gift cards, gift certificates, or similar instruments and cannot be redeemed for cash or transferred to another member or guest. Your purchase of any personal training sessions are the purchase of services to be provided by Blink, not by
any particular trainer, and Blink reserves the right to change or substitute your trainer at any time. Fitness results vary by individual and specific results are not guaranteed.
22. NON-BLINK PERSONAL TRAINER: Use of non-Blink Personal Trainers in the Club is prohibited. Members may not personal train other members.
23. PRICING: After the first 12 months of membership, Blink reserves the right to increase the monthly or annual maintenance fee and will provide 30 days’ notice to all Members regarding any such change in pricing; provided that pricing for Members who joined as part of a corporate program are subject to the pricing agreement between Seller and Member's employer or corporate sponsor.
24. REVOCATION OF MEMBERSHIP: Blink reserves the right to revoke and cancel this membership at any time for any reason, in which case Buyer/Member will, no later than fifteen (15) days after such cancellation, receive a refund of all monies paid pursuant to this Agreement (except Join fee and Annual Maintenance Fee), provided that Seller may retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that Seller may demand the reasonable cost of goods and services which the Buyer/Member has consumed or wishes to retain after cancellation.
25. MEMBER’S COVENANTS OF DUE CARE: By signing this Agreement and using any Club, Member is also acknowledging that by being in the Club and the activities and exercises Member may engage in at the Club, including without limitation when using equipment or machines, participating in any personal training session or class or otherwise engaging in strength, flexibility, aerobic, cardio, 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 disease and death. In consideration of the Membership privileges provided to Member hereunder and on behalf of Member’s heirs, beneficiaries, distributees, legal representatives, successors, assigns and guests, Member hereby voluntarily and knowingly acknowledges and assumes all risks associated with Member’s failure to use reasonable care when using any Club or equipment and/or Member’s use of any Club or equipment other than for its intended purpose, and Member hereby agrees to indemnify, defend, and hold harmless Blink, its parents, subsidiaries and other affiliates, and its and their respective officers, directors, employees, contractors, agents, representatives, successors and assigns (collectively “Blink 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 Member’s negligence, intentional acts and/or failure to exercise reasonable care when accessing and using the Club and equipment. Further, Member acknowledges that Blink does not manufacture the fitness and other equipment and machines provided in its Clubs and agrees that Blink is providing recreational services and may not be held liable for defective products.
26. EXCLUSIONS FROM MEMBERSHIP CLASSES: Blink may from time to time (in its sole discretion) exclude Blink Fitness Club locations (whether existing today or opened in the future) from the any Membership class. Member acknowledges and agrees that, once such exclusions implemented,
Member shall not thereafter have the right to use the excluded Blink Fitness Club location(s), notwithstanding that the excluded health club(s) may be located within Member’s geographic region.