Terms & Conditions
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.Roam149.com (“the Site”) operated by Roam149 (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.Roam149.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Roam149 Services. You are only authorized to use the Roam149 Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save them. If you do not agree with it, you should leave the Roam149 website and discontinue use of Roam149 Services immediately. If you wish to become a member, you must read these Terms of Service and indicate your acceptance during the registration process.
In order to access some features of the website, you will have to create an Roam149 account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
MEMBER SERVICES AND POLICIES
CANCELLATIONS: Roam149 Classes must be canceled and waitlist cancellations must occur at least 12 hours in advance of the start of class. If you put yourself on the waitlist, look out for emails up to 12 hours in advance and check your schedule under your account to see if you’ve gotten in. If you were moved into the class, we assume you will be coming unless you notify us that you can’t make it (at least 12 hours in advance).
RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT AT THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.
MEMBERSHIP PACKAGES: Members who purchase ANY membership package are subjected to a penalty charge for either a late cancellation or an absence should they not cancel their reservation within the allotted 12-hour window. Members are subject to a $25 cancellation fee for each missed class.
PERSONAL BELONGINGS: You agree that Roam149 is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
FREE CLASSES: If you are coming in for a free class, please note that the cancellation policy and no-show fees still apply. If you do not show up for class, you will be charged the full price of a Single Class.
STUDIO RULES AND REGULATIONS
- All classes and membership packages are non-refundable. No Exceptions • All classes must be prepaid.
- You must be physically present and checked in at the start of class or your spot may be released to a waitlisted client. No exceptions.
- Reserved classes must be changed or canceled at least 12 hours of scheduled time or they will be forfeited.
- Membership packages are subject to a penalty fee for a late cancellation or absence.
- If recovering from injury or illness, notify the instructor prior to class start time.
- Instructors and classes are subject to change without notice. Please go on MINDBODY and click on Class Schedule & Sign Up for the current schedule. To check availability in these classes, use your account to log in and access our live calendar.
**We accept all major credit cards and Apple Pay**
LIMITATION OF LIABILITY
I, the Participant, hereby affirm that I am in good physical condition and do not suffer from any mental or physical disability which would prevent or limit my participation in training with an independent contractor at Roam149.
I confirm that I have no health problems (including without limitation cardiac irregularities; spinal or bone, joint, tendon, or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy, or any allergy) which may affect my participation in any sessions at Roam149. Participants with low/ high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Participant should consult his/her doctor.
I understand that I am voluntarily participating in a program of strenuous physical activity on the XPRience machine or on the floor or using various fitness equipment (weights, sliders, bands).
By signing this agreement, enrolling online, and/or attending classes, events, and other Roam149 programs whether online, in a Roam149 studio, or using Roam149 equipment, I hereby acknowledge and agree, on behalf of myself, my heirs, personal representatives, and/or assigns that (a) there are certain inherent risks and dangers in the strenuous nature of the Roam149 workout program (b) I have voluntarily chosen to participate in an intense physical exercise program and I have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. I assume all risk for my health and well-being and fully release and hold harmless for any responsibility, cost, or damages to Roam149, its instructors, independent contractors, clients, and employees for any injury, harm, or loss I may suffer, including death, as a result of participation in any Roam149 activities.
If client is a minor (age 15-18): This release applies equally to said minor. No one under 15 years of age may participate. A minor 15-18 years of age may participate only with a parent or legal guardian present.
If client is pregnant: I am pregnant and acknowledge that there are additional risks involved with taking this class while pregnant. We recommend that you check with your doctor prior to starting any new workout routine.
Roam149 reserves the right to refuse access to any Participant if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Roam149 facilities or classes.
I understand that I am required to follow the instructions of the instructor at all times.
I understand that advice provided by our instructors at no time constitutes as medical advice.
The content on the Roam149 website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos features and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Roam149, subject to copyright and other intellectual property rights under the law. Content on the website
is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Roam149 reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Roam149.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
Roam149 and the “Roam149” icon and other graphics, logos, wordmarks, and designs are trademarks of Roam149 in the U.S. and/or other countries for which applications are pending. Roam149’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Roam149.
The Roam149 Services may include certain services that may be available via your mobile phone, including but not limited to (I) the ability to book and/or purchase Roam149 via your mobile phone, (ii) the ability to receive and reply to Roam149 messages, (iii) the ability to browse Roam149 from your mobile phone and (iv) the ability to access certain Roam149 features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data, and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Roam149 and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Our Site may contain links to third-party sites that are not owned or controlled by Roam149.
Roam149 has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New York, USA, without giving effect to any principles of conflicts of law.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access, or continue to access the Site or discontinue any use of the Site immediately.
These Terms of Service shall remain in full force and effect while you use the Roam149 Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local studio directly via phone or email. Roam149 may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that Roam149 charges fees for its services, and Roam149 reserves the right to change its fees from time to time at its discretion. If Roam149 terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Roam149 immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
The trademarks and trade dress of Roam149 are proprietary to Roam149 and may not be used by you for any reasons other than
as expressly permitted. All moves, content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; are property of, or duly licensed to, Roam149. Any other use of materials including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Roam149, is strictly prohibited.
You acknowledge that Roam149 and/or third-party content providers remain the owners of all content and materials and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. Roam149 may discontinue your right to access the content and materials, or any portion thereof, at any time.
ENTIRE AGREEMENT; NO WAIVER
If you have any questions about these Terms of Service, the practices of Roam149 or its services, or your dealings with this site, please contact us at: firstname.lastname@example.org
These Terms of Service have been updated and effective as of March 1, 2022.
REQUEST FOR USE, RELEASE, AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
The undersigned, for himself, herself, or any personal representative, heirs, and next of kin (“Undersigned”), requests that Roam149 (“Provider”) provide access to and/or use of certain equipment, training, facilities, services and programs for personal use (collectively, “Activity” ). The Undersigned acknowledges, agrees and represents that the Undersigned: (I) is aware that the activity is dangerous and involves risks of serious injury, death, and/or property damage; (ii) is trained in the use or consumption of the Activity, (iii) is qualified, in good health and in proper physical condition to use or consume the Activity; (iv) is familiar with the use and consumption of the Activity and all laws, rules, safety requirements and regulations of all governmental authorities associated therewith; (v) shall act in a careful and proper manner when engaged in the Activity; and (vi) shall obey all laws, rules, safety requirements and regulations of all governmental authorities while engaged in the Activity. In consideration of being granted the right to engage in the Activity, the Undersigned has agreed to execute this Request for Use, Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement and be bound by the terms hereof.
Wherefore, the Undersigned, for himself/herself and for his/her personal representatives, heirs, next of kin, and assigns, acknowledges and agrees:
- To the fullest extent permitted by law, the Undersigned (and on behalf of the Undersigned’s personal representatives, heirs, next of kin, and assigns) RELEASES, WAIVES AND DISCHARGES, AND COVENANTS NOT TO SUE, the Provider, as well as its officers, directors, stockholders, members, employees, representatives, agents, parents, subsidiaries, sureties, insurance companies, lenders, affiliates, partners, joint ventures, attorneys, related entities, entities that share common owners as the Provider, predecessors, successors, and assigns (collectively, “Releases”), from any and all damages, losses, penalties, liabilities, costs, attorneys’ fees and expenses of any nature, and any demands, claims, suits, and causes of action therefor, arising out of or resulting from the Undersigned’s engagement in, access to or use of the Activity.
- The Undersigned ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF, INJURY TO HIS/HER PERSON OR HIS DEATH or injury or death to others or damage to his/her property or damage to property of others, whether caused by the negligence of the Releasees or otherwise, occurring during or as a result of the Undersigned’s engagement in, access to or use of Activity.
- To the fullest extent permitted by law, the Undersigned shall indemnify, defend and hold harmless Releasees from and against any and all demands, claims, suits, causes of action, damages, losses, penalties, liabilities, costs, attorneys’ fees, and expenses of any nature, arising out of or resulting from the Undersigned’s engagement in, access to or use of the Activity. This indemnity obligation shall not be construed to negate or abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist under the law except to the extent that it is caused by the sole negligence of any party indemnified hereunder in which case this obligation shall not apply relative to such indemnified party.
- The Undersigned acknowledges that he/she is engaged in the Activity in “as-is” and “where-is” conditions, has sole responsibility to evaluate carefully the risks inherent in engaging in, accessing, or using the Activity, and that he/she has fully considered those risks. The Undersigned also acknowledges and voluntarily assumes full responsibility for, and full risk of, property damage or loss, or bodily, mental, or personal injury, including death, relating to his/her engagement in or use of the Activity. The Undersigned further acknowledges and understands that Provider makes no representations or warranties, express or implied, as to any matter whatsoever, including, without limitation, the condition of the Activity, its merchantability, its design, its suitability, its safety, its capacity, its performance, its material, its workmanship, its fitness for any particular purpose, or that it will meet the requirements of any laws, rules, specifications, or contracts which provide for specific apparatus or special methods.
- The Undersigned agrees that, upon demand, the Undersigned must immediately cease access to or use of the Activity.
- The Undersigned further expressly agrees that this Request for Use, Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue to be binding and in full legal force and effect.
I have read this Request for Use, Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement carefully, understand its significance, and voluntarily agree to all of its terms without any inducement or assurance of any nature, and with the understanding that I am giving up substantial rights by signing it, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made. Furthermore, with my signature, I am confirming that I am 18 years or over.