Creating an Account
In order to purchase and register for a Class or a package of Classes thru the Site, you will need to create a PHORM account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity on your account and you must keep your password secure and notify us immediately of any breach or unauthorized use of your password. Except for access to your PHORM account, no registration or login is required to use the Site.
Purchasing and Reservations
Once you have created an account, you may purchase a Class or a package of Classes thru the Site. To purchase a Class or a package of Classes online, click login to make a purchase and make your reservation. Before your first Class, you will need to execute a Waiver and Release of Liability, a copy of which can be reviewed here. You should be aware that the time period for use of a Class or a package of Classes that you have purchased can expire and that future prices are subject to change. PHORM accepts MasterCard, Visa and American Express. Cash payments may only be made at the PHORM studio. Your credit/debit card will be charged to your order when you submit your reservation. PHORM will not process your reservation if an incorrect, expired or over-the-limit credit card is provided. We will use our best efforts to contact you if that occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You are responsible and liable for any fees, including attorney’s fees and collection costs, that PHORM may incur in its efforts to collect any unpaid balances from you.
By purchasing a membership, you agree to the monthly commitment as outlined in your membership. Your membership will be renewed on the same date of each month, beginning with the date of sale (unless an alternate date has been pre-arranged). This package is non-transferable and non-refundable. This package is not combinable with other promotions.
Our freeze policy allows you to temporarily suspend your membership in accordance with the following terms:
You may freeze your membership once during the duration of your contract for a minimum of one (1) month and a maximum of three (3) consecutive months in one-month increments for a fee of $40 per month, payable in advance. If you use the studio and take class, during this freeze period, you will be charged for the class taken at our single class rate. If your doctor feels your injury should be healed in less than six months, a freeze is the option that you should go with. During this defined amount of time, there is no studio usage or billing, and your billing will automatically restart at the end of the freeze. Please note that for medical and/or pregnancy freezes, we will need medical documentation.
If you have reserved a Class and are not able to attend, you may cancel your reservation for that Class. YOU MUST CANCEL YOUR RESERVATION 12 HOURS PRIOR TO YOUR RESERVATION TIME, IN ORDER TO AVOID THE CLASS BEING CHARGED TO YOUR ACCOUNT AND A LATE CANCEL/NO-SHOW FEE OF $20.00 PER RESERVATION BEING CHARGED TO YOUR ACCOUNT. IF YOU CANCEL BEFORE THE 12 HOUR LATE CANCEL WINDOW, THE CLASS WILL NOT BE CHARGED TO YOUR ACCOUNT AND THE CLASS MAY BE USED AT A LATER DATE WITHIN THE EXPIRATION WINDOW ASSOCIATED WITH YOUR PURCHASE. By purchasing a class, package or membership, you agree to the expiration terms associated with the purchase. To cancel your reservation, simply log into your account and cancel, call our front desk and they will cancel the class for you or e-mail the front desk at firstname.lastname@example.org. All purchases are non-refundable.
For Memberships: If you are OUTSIDE of your first year of membership, you may cancel with 30 days notice before your next scheduled billing date for any reason. You can cancel in studio with a manager by giving the appropriate notice, filling out a cancellation form and paying a pro-rate to stop your billing. You will get a copy of the form as a receipt that the process is complete. If going into the studio is not convenient, you can send a letter via registered mail to PHORM. We will cancel the membership based on the appropriate amount of days notice, collect a pro-rate, and stop your billing. The post office will send you confirmation that we’ve received your letter as receipt of cancellation.
If you are INSIDE your first year of membership, you may cancel with appropriate notice (30 days before your next scheduled billing date) for the following reasons: relocation, medical or job loss. For any other reason, there is a $100 fee to cancel your membership INSIDE of the first year of membership.
If you relocate more than 25 miles away from PHORM, you may cancel your membership with proof of relocation, such as a utility bill, lease or deed to a house, or a letter from your human resources department stating you have been relocated to another region.
If your doctor finds you medically unable to workout for more than six months, we will just need a letter from your physician. They do NOT need to give us specifics, just their medical opinion that you are unable to work out for at least six months. You may deliver this note in person to PHORM’s General Manager and fill out a cancellation form, or you may send the doctor’s note with your request that your membership be canceled. Please include your most recent contact information in case we need to follow up with you.
Registration of a trademark for the word mark PHORM is pending. (“Mark”). You may not use our Mark without the written permission of PHORM. The trademarks of third-parties may also appear on the Site. You may not use those trademarks without the written permission of the respective owners. You acknowledge and agree that nothing on this Site grants you any right or license to use our Mark(s) or may be construed to mean that we have the authority to grant any right or license to use the trademarks owned by any third-party.
Images, text, documentation and other materials on the Site (“Site Content”) are protected by copyright laws. PHORM retains all copyrights and other proprietary rights in the Site Content. Use of the Site Content for commercial use, publication, or for any purpose is expressly prohibited.
Links from the PHORM Site
This Site may provide links to sites that are owned or operated by third-parties who are not affiliated with PHORM. (“Third-Party Sites”) We have no control over such Third-Party Sites and cannot guarantee, represent or warrant that the content on such Third-Party Sites is accurate and legal and do not contain viruses or other features that may adversely affect your computer. A link from our Site to a Third-Party Site does not imply an endorsement of the Third-Party Site.
Submissions to the Site
To the extent PHORM allows users of the Site to submit content that is posted on the Site (“Posts”), you understand and agree that you are solely responsible for the Posts you submit and represent and warrant that: (i) all information contained in your Post is either owned by you or rights have been granted to you that permit you to disseminate the information contained therein; (ii) that none of the information in the Post infringes on the trademark, copyright or other intellectual property or proprietary rights of others; (iii) that your Post does not contain information known to you to be untrue, false or misleading; (iv) that your Post does not contain programs or information which disrupts or interferes with the operation of the Site or is being submitted for that purpose; and (v) the Post is not abusive, threatening, obscene, defamatory or, in our sole discretion, otherwise inappropriate.
Any and all Posts you submit to the Site will be treated as non-confidential and nonproprietary. We do not guarantee the confidentiality of any information you submit to us. Any information you submit may be edited, excerpted or re-formatted before it is posted and we reserve the right to remove or delete, at any time and without prior notice, some or all of any Post that we believe may violate copyright laws, trademark laws, other intellectual property laws or other applicable laws, rules or regulations or that we believe is otherwise unacceptable. You acknowledge that by submitting a Post, you are granting PHORM a perpetual, irrevocable worldwide, non-exclusive, royalty-free and transferable license to use, reproduce, distribute and display your Post.
Digital Millennium Copyright Act
PHORM respects the intellectual property of others. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that the content on this Site infringes on your copyright, please provide the following information to our designated agent:
— A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
— A description of the copyrighted work claimed to have been infringed;
— A description of the infringing material and information reasonably sufficient to permit PHORM to locate the material;
— Your contact information, including your address, telephone number, and email;
— A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
— A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
The designated copyright agent who will receive notification of any claimed infringement is:
43 West 46th Street, 3rd Floor New York, NY 10036.
Disclaimer of Warranties and Limitation of Liability
PHORM disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and noninfringement of copyrights or other third party proprietary rights. We do not warrant that the Site will provide continuous, prompt, secure, or error-free service and we assume no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Site. PHORM assumes no responsibility, and shall not be liable for any damages to, or viruses that may affect, your computer equipment or other property arising from your use of the Site. Neither PHORM, its Members, officers, employees, or agents shall have any liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages, arising from or related to your use of the Site.
You agree to indemnify, defend, and hold PHORM, its Members, officers, employees and agents, harmless from all claims, causes of action, expenses, reasonable attorneys’ fees, losses and damages, arising from or relating to your use of the Site.
Jurisdiction, Venue and Choice of Law
Severability and Waiver
Reservation of Rights
HOW TO CONTACT US
Effective Date: 11/15/2017