Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of RippedPHL The collective work includes works that are licensed to RippedPHL

Copyright 2020, RippedPHL ALL RIGHTS RESERVED.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with RippedPHL or purchasing RippedPHL products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with RippedPHL or to purchase RippedPHL products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by RippedPHL. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of RippedPHL used in the site are trademarks or registered trademarks of rippedphl.com

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, RippedPHL disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Rippedphl.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. RippedPHL does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

RippedPHL shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if RippedPHL has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a RippedPHL product is mistakenly listed at an incorrect price, RippedPHL reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. RippedPHL reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, RippedPHL shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by RippedPHL without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

RippedPHL may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to RippedPHL

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the State of Pennsylvania, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of RippedPHL products) shall be in the state or federal courts located in Philadelphia, Pennsylvania. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of RippedPHL products) must be commenced within one (1) year after the claim or cause of action arises. RippedPHL’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. RippedPHL may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a RippedPHL or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

RippedPHL does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, RippedPHL is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, RippedPHL reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to RippedPHL in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless RippedPHL, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, RippedPHL may link to sites operated by third parties. However, even if the third party is affiliated with RippedPHL, RippedPHL has no control over these linked sites, all of which have separate privacy and data collection practices, independent of RippedPHL These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, RippedPHL seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Terms of service for memberships:

This Agreement is between the owner/operator of the RippedPHL studio location at which you are signing up for your RippedPHL membership (collectively, the “Studio”) and the undersigned applicant (“Member” or “You”). By signing this Agreement the Member represents and warrants that they are eighteen (18) years of age or older, and in the event the Member is less than eighteen (18) years of age, the Member must have a parent or guardian co-sign this Agreement. Member agrees to (i) check in at the front desk before participating in any activities at the facility; (ii) wear proper attire and footwear at all times; (iii) abide by all rules and regulations of the Studio; and (iv) pay for all merchandise at the time of purchase.

Terms and conditions (Class packs and autopay options) as set forth in the terms you agreed to upon signup.

Memberships. This Agreement applies to the following memberships (each a “Membership” and collectively, the “Memberships”):

• “Unlimited Monthly Membership” means any monthly membership which requires auto-pay. An Unlimited Monthly Membership entitles the Member to unlimited visits in a month at the Studio.
• “Limited Monthly Membership” means any monthly membership which requires auto-pay. The Limited Monthly Membership entitles the Member to a limited and specified number of visits per month at the Studio. If Member uses all allotted visits in a given month, additional visits will be billed at the “Drop-in Rate” for the Studio.
• “Class Packages” means any purchase of a pre-determined allotment of classes to be redeemed at the Studio in a given time frame. Class Packages are not subject to auto renewal. Classes purchased as part of a Class Package must be redeemed prior to the expiration date which accompanies the Class Package. No refunds will be given for expired and unredeemed classes.
• Additional terms and conditions may apply to any of the Memberships described above, which will be communicated to you at the time of purchase, and all of which are a part of this Agreement as if fully set forth herein.

Payments. I agree to make all of the required payments applicable to my Membership and/or arising under this Agreement. I authorize the Studio to automatically charge my credit card in accordance with this Agreement to satisfy any and all obligations that may come due in accordance with this Agreement and my Membership.  I understand that my use or non-use of the services offered by the Studio has no bearing on my obligation to make all such required payments.

Memberships are non-refundable, non-shareable and non-transferable, without exception. I agree that any dishonored DRAFT/EFT of monthly dues will, at Studio’s sole discretion, be (i) billed in conjunction with the next installment or (ii) charged to my assigned credit card or bank account, without further notice to me and will include a $35 fee for each dishonored DRAFT/EFT. Monthly memberships are billed on rolling 30 day “Monthly Billing Cycles” which begin on the date you purchase your Membership and renew every thirty (30) days thereafter until cancellation by you.

Notification. I understand that any notification that I provide Studio regarding this Agreement must be submitted in writing to the Studio by way of a properly addressed email to an owner or manager of the Studio (staff@rippedphl.com).

No Rollovers. If Member does not use all of the visits allotted for a Limited Monthly Membership during their Monthly Billing Cycle, the unused visits expire and do not rollover into any subsequent Monthly Billing Cycle period.

Freezes: All accounts may be frozen up to 3 months per calendar year in 30-day increments. Each frozen month will result in a $15 charge, but allow access to all RippedPHL events and the same membership rate.

Limitations of Certain Memberships All Memberships are subject to the duration, commitment and pricing limitations provided at the time such Membership was offered for sale. If you cancel your Membership and wish to enter into a new Membership, you must do so on the then-current terms and conditions offered, which may vary from your previous Membership.  We may offer discounted pricing from time to time on our Memberships. If you do not cancel your Membership prior to the expiration of the discounted pricing period applicable to your Membership, you agree that your Membership will continue at normal pricing once the discounted pricing period is over.

Class Cancellation Policy. I understand that I am subject to the Studio’s class cancellation policy set forth below or as such policy may be updated at any time:

• Early Cancel: An Early Cancel is any cancellation (online or by phone) that occurs more than 12 hours prior to the start of class. There is no charge for an Early Cancel.
• Late Cancel: A Late Cancel is any cancellation (online or by phone) that occurs less than 12 hours prior to the start of class. All Late Cancels will be charged as follows: (i) members with Unlimited Monthly Memberships or Special Memberships or 30 classes/30 days will be charged $15 (Member hereby authorizes Studio to charge Member’s credit card in accordance with this policy) for each Late Cancel, (ii) members with Limited Monthly Memberships will lose one class for each Late Cancel and (iii) participants with Class Packages will lose one class for each Late Cancel. No refunds will be issued for a reduction in Monthly Billing Cycle or forfeiture of any allotted classes.
• No Show: A No Show occurs if member does not cancel AND does not show up for the scheduled class. All No Shows will be charged as follows: (i) member will be charged $25 (Member hereby authorizes Studio to charge Member’s credit card in accordance with this policy); and (ii)(a) members with Limited Monthly Memberships will lose one class for each No Show; or(b) participants with Class Packages will lose one class for each no show. No refunds will be issued for a reduction in Monthly Billing Cycle or forfeiture of any allotted classes.

Cancellation of Agreement. Memberships that do not have a commitment period associated with them may be cancelled by providing thirty (30) days prior written notice (pursuant to Proper Notification) to the Studio of your intent to cancel your Membership. The cancellation will be effective upon the thirty-first (31st) day after Studio’s receipt of Proper Notification (the “Termination Date”). All monthly dues must be paid through the Termination Date. Memberships that have a commitment period associated with them may not be cancelled until completion of the commitment period.

Waiver:

I, on my own behalf and on behalf of my heirs, successors and assignors (singularly and collectively referred to as “Participant”), agree to release the owners and operators of Philadelphia Fitness Authority, LLC, a Pennsylvania limited liability company and Cherry Hill Total Fitness, LLC, a New Jersey limited liability company and all of their respective members, employees, officers, directors, affiliates, subsidiaries, related companies, heirs, successors, agents, contractors, assigns, and other entities with which they are, or may in the future become affiliated (singularly and collectively referred to as “Company” and the location where the Company provides services to the Participant, the “Facility”) from any and all claims, demands, injuries, damages, actions or causes of action (collectively “Claims”) related to my use of the Facility, or participation of the services offered by the Company, whether on or off the Facility premises, and hereby agree to defend, indemnify and hold Company harmless from and against any such Claims arising out of or in connection with: (i) Company’s negligence, (ii) Participant’s presence at and use of the Facility, including all common areas located therein; or (iii) Participant’s participation in services offered by the Company.  This Agreement does not and is not intended to release Company from claims arising out of gross negligence, or willful, wanton, or intentional conduct engaged in by Company.  Participant also hereby acknowledges and agrees, on Participant’s own behalf, and on behalf of Participant’s personal representatives, heirs, assigns, executors, administrators, and next of kin as follows: 

Participant understands that classes offered by the Company are physically strenuous and involve participation in exercise activities in close proximity to other participants and Facility staff.  Participant expressly acknowledges that its participation in the Company’s classes, whether on or off the Facility premises, and the use of the Facility are undertaken voluntarily and at Participant’s sole risk, and in consideration of such use, Participant agrees on behalf of itself, its heirs, successors and assigns to release, indemnify and hold harmless the Company from any and all claims arising out of personal injury, including bodily injury or death, illness (including infection from known and unknown pathogens such as influenza,  and SARS-CoV2 and Covid-19) and any property loss or damage suffered by Participant while utilizing the Facility, or any of the Company’s or its affiliates studio locations or services of the Company, whether on premise or off premises and whether caused as a result of Participant’s participation in the activities, or as a result of Company’s negligence.  Further, Participant specifically acknowledges that the Company will not accept any responsibility for the theft of or damage to Participant’s personal property left in any areas, anywhere on the Company property.  

Participant agrees that in order to use the premises, facilities and equipment at the Facility or otherwise attend the Company’s classes, neither the Participant nor anyone in Participant’s household has had the following symptoms in the 72 hours leading up to the use of the Facility or attending the Company’s classes: fever over 100.4 degrees Fahrenheit, shortness of breath, coughing, loss of smell, or loss of taste.  If Participant should in the future display any of the above mentioned symptoms, Participant will notify the Company immediately and cease coming to the Facility and attending the Company’s classes until such symptoms are resolved and the Company grants Participant permission to return to the Facility.  If Participant or anyone in the Participant’s household tests positive for Covid-19, Participant agrees to notify the Company immediately and wait 14 days from the date of such positive test AND remain asymptomatic prior to visiting the Facility or attending the Company’s classes or provide negative test result to visit the Facility or attend the Company’s classes sooner than such 14 day period.  Additionally, if Participant contracts Covid-19, Participant must provide a negative test prior to visiting the Facility or attending the Company’s classes.  Participant also agrees to abide by all Federal and Local rules regarding wearing a mask for vaccinated vs non-vaccinated individuals.

Participant recognizes that other individuals visiting the Facility or attending the Company’s classes work in the healthcare industry and/or work with and/or around individuals who have Covid-19.  Participant warrants that if he or she works in the healthcare industry and/or works with and/or around individuals who have Covid-19 that he or she has used approved personal protective equipment (“PPE”) for the performance of Participants’ job at all times while working with and/or around individuals who have contracted Covid-19.  If, however, Participant has been exposed to an individual with Covid-19 without the use of approved PPE, Participant agrees to wait 14 days from the date of exposure and remain asymptomatic prior to visiting the Facility or attending the Company’s classes or provide negative test result to visit the Facility or attend the Company’s classes or attend classes sooner than such 14 day period.

Participant agrees to adhere to all social distancing and other Covid-19 related protocols enacted (or that will be enacted in the future) by the Company at the Facility and at the Company’s classes and will follow all instructions provided by class instructors, employees or owners of the Company to maintain, at all times, a 6 foot distance from any other individual at the Facility or at the Company’s classes.  Participant agrees that if he or she fails to so comply, Participant will be asked to leave the Facility or Company’s class and Participant agrees to do so.

In addition to all other agreements, covenants, waivers and releases contained herein, Participant agrees to adhere to all Covid-19 related protocols at the Facility and at the Company’s classes and will hold the Company harmless for any sickness, illness, or exposure, including but not limited to Covid-19.

Participant will inspect the premises, facilities and equipment at the Facility, or where Company’s services are offered, and Participant’s observation and use of the same shall constitute an acknowledgement that Participant finds and accepts the Facility or premises where services are offered to be safe and reasonably suited for their intended purpose(s).  If Participant finds any unsafe or unreasonably suited conditions with the premises, facilities and equipment located at the Facility or premises where Company’s services are being offered, Participant will immediately cease any activity and notify Company of the unsafe or unreasonable conditions.

Use of Image  I grant to Company an unrestricted, sublicensable, assignable, irrevocable, perpetual, worldwide, royalty-free license to Participant’s voice, image, persona, likeness, and performance in any audio, visual, and audiovisual recordings (including, but not limited to photographs, digital images, digital video, digital audio, video tape,  and audio tape) taken or to be taken by or on behalf of the Company during Participants participation in any activity hosted or sponsored by the Company whether on or off the Facility premises (the “Content”).  This license includes without limitation to: (a) reproduce, modify, create derivate works of, and otherwise use the Content or derivative work thereof, in whole or in part, in any manner and matter or in combination with any other material, in any format or media whether now existing or hereafter devised, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video, audio, and all formats of computer readable electronic, magnetic, digital, laser, or optical based media (the “Works”); and (b) publicly display, publicly perform, sell, rent, distribute (directly or indirectly), transmit, or broadcast the Works by any means now known or hereafter devised.  Participant waives the right to inspect, approve or edit any such use of reproduction, and Company may make all changes, modifications, rearrangements, additions or deletions in its use reproductions without any approval.  This permission extends to all languages, media, formats and markets now known or hereafter devised.

Miscellaneous.

• I acknowledge that I have read and voluntarily sign this Agreement and agree to be bound by all of the terms set forth herein. I acknowledge that I have read and voluntarily signed and/or electronically acknowledged the Release and Indemnity Agreement.
• Member consents and agrees that by marking Member’s signature on an electronic screen or through the use of a key pad, mouse or other device to select an item, button, icon or similar act/action to indicate that you agree with the terms of this Agreement constitutes your signature, acceptance and agreement with the terms of Release and Indemnity Agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to validate your electronic signature; and that the lack of such certification or third party verification will not in any way affect the enforceability of your signature or resulting contract between you and Company. You understand and agree that your electronic signature executed in conjunction with this Agreement will be legally binding and such transaction will be considered authorized by you.
• The Studio makes no warranties or representations, express or implied, other than those set forth herein, and your sole and exclusive remedy in the event of any breach of this agreement shall be cancellation of this agreement. IN NO EVENT SHALL THE STUDIO OR ANY RELEASED PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
• You must promptly notify the Studio in writing of any changes in your billing information, address or telephone number. You expressly permit the Studio, or it authorized billing company to obtain such updated information through payment card networks, card issuers or other third parties.
• Proper athletic attire including rubber-soled athletic shoes are required. The Studio reserves the right, in its sole discretion, with regard to appropriate attire for participation in the Services offered by the Studio.
• You acknowledge that the Studio operates under rules and regulations established for the safety and protection of its members, instructors, and staff and You agree to be bound by such rules and regulations, as well as any rules and regulations subsequently approved and posted or otherwise published by the Studio. Such rules and regulations in effect from time to time are incorporated into this Agreement by reference. Facilities equipment, hours, services, regulations, and policies are subject to change from time to time, without prior notice, in the sole discretion of the Studio. You agree to accept such reasonable changes as a condition of membership.
• If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this Agreement, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
• By signing below, you are giving the Studio and its authorized vendors consent to contact you by email to the email address as set forth on the face of this Agreement, or by text message or telephone call at the number provided herein for any matter related to your account, including collection of monies owed, alerts or notices regarding your purchased services, and promotions that may be of interest to you. You may update your communication preferences, or revoke your consent to receiving promotional messages at any time.  You expressly consent to receive autodialed and/or prerecorded messages from or on behalf of the Studio and its authorized vendors at the phone number provided, including any wireless number, as applicable (standard text rates apply).  Your consent is not a condition of purchase.

Send questions to staff@rippedphl.com