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SMARTEST WEIGH SERVICE AGREEMENT

As part of my Smartest Weigh agreement, I will be entitled to receive the following:

Month One Subsequent Months
Week 1: 60-Minute Power Series Session Week 1: 60-Minute Power Series Session
Week 2: 60-Minute Power Series Session Week 2: 60-Minute Power Series Session
Week 3: 60-Minute Power Series Session Week 3: 60-Minute Power Series Session
Week 4: 60-Minute Power Series Session Week 4: 60-Minute Power Series Session
  1. I understand that it is my responsibility to schedule the committed number of session(s) each month and that any unused session(s) in any month will not carry over to a subsequent month.
  2. I also understand sessions are not transferable or refundable.
  3. I understand that the services provided in my monthly package will be delivered by one of the personal trainers from 92Y May Center and that I am not guaranteed a specific trainer. 92Y reserves the right to assign trainers to deliver services at their discretion. I am not entitled to a refund if the originally assigned trainer is not available for all sessions.
  4. I agree to provide a minimum twenty four (24) hour notice to 92Y in person or by phone to cancel a scheduled session; otherwise, I will forfeit the session and be charged for it.
  5. If I am late for a scheduled group session, I am not entitled to a make-up unless otherwise offered at the discretion of 92Y.
  6. I understand that, subject to the cancellation rights described in my membership agreement, my service agreement is for a minimum of one (1) month. I understand that I may cancel my service agreement by providing written notice, at least 30 days prior to the next scheduled bill date, via registered or certified United States Mail to 92Y May Center, 1395 Lexington Avenue, New York, NY 10128. If I do not cancel this service agreement, it will continue month to month until I cancel it by giving 92Y May Center written notification.
  7. Service agreement freezes may only be processed in conjunction with a membership freeze as per the conditions outlined in my membership agreement.


All other terms and conditions of my membership agreement apply.

MEDICAL DISCLAIMER, WAIVER AND RELEASE. 92Y urges all Patrons to obtain a physical examination from their physician prior to engaging in any physical activity at 92Y. I understand that this activity is primarily instructional in nature and that my participation in such activity may present inherent risks of serious bodily injury (including permanent disability, paralysis, concussion and death) which might result not only from my own action, inaction or negligence, but also the action, inaction or negligence of others. There may also be risks not known to 92Y or not reasonably foreseeable at this time. I represent that I am in sufficient good health and have no known medical or other conditions that prevent my safe participation in such activity. In recognition of the possible dangers connected with any physical activity, and on behalf of myself, my heirs, successors, assigns, agents and representatives of any kind, I hereby knowingly and voluntarily waives any right, claim or cause of action of any kind whatsoever arising as the result of such activity from which any liability may or could accrue to 92Y, its agents, officers, directors, employees or instructors, and release, discharge and absolve each and all of them from any and all claims, liabilities, demands, losses or damages (including attorneys’ fees and disbursements) incurred by me as a result of any accident, injury, and/or physical condition except to the extent that such accident, injury, and/or physical condition is caused by or results from the gross negligence or willful misconduct of 92Y.

SMARTER WEIGH SERVICE AGREEMENT

As part of my Smarter Weigh agreement, I will be entitled to receive the following:

Month One Subsequent Months
Week 1: 60-Minute Introductory Session Week 1: 60-Minute Follow-Up Session
Week 2: 60-Minute Follow-Up Session Week 2: 60-Minute Follow-Up Session
Week 3: 60-Minute Follow-Up Session Week 3: 60-Minute Follow-Up Session
Week 4: Virtual Session Week 4: Virtual Session
  1. I understand that I will be automatically enrolled in the first available introductory session (space permitting). Introductory sessions are held every other Monday, 6:30-7:30 pm. To reschedule, I will call 212.415.5722 or email.
  2. I understand that it is my responsibility to schedule the committed number of session(s) each month and that any unused session(s) in any month will not carry over to a subsequent month.
  3. I also understand sessions are not transferable or refundable.
  4. I understand that all sessions must be scheduled a minimum of 48 hours in advance.
  5. I understand that there is a minimum registration requirement. If there are not enough members registered in a session, an alternate session will be offered for me to attend.
  6. I understand that the services provided in my monthly package will be delivered by one of the registered dietitians from Middleberg Nutrition and that I am not guaranteed a specific dietitian. Middleberg Nutrition reserves the right to assign dietitians to deliver services at their discretion. I am not entitled to a refund if the originally assigned nutritionist is not available for all sessions.
  7. I agree to provide a minimum twenty four (24) hour notice to 92Y in person or by phone to cancel a scheduled session; otherwise I will forfeit the session.
  8. If I am late for a scheduled group session, I am not entitled to a make-up unless otherwise offered at the discretion of 92Y and Middleberg Nutrition.
  9. I understand that, subject to the cancellation rights described in my membership agreement, my service agreement is for a minimum of one (1) month. I understand that I may cancel my service agreement by providing written notice at least seven days prior to the next scheduled bill date to 92Y May Center, 1395 Lexington Avenue, New York, NY 10128. If I do not cancel this service agreement, it will continue month to month until I cancel it by giving 92Y May Center written notification.
  10. I understand and agree that Middleberg nutritionists will make no more than three attempts to connect with me for my virtual session. If unsuccessful, I will forfeit this component of my monthly package.
  11. Service agreement freezes may only be processed in conjunction with a membership freeze as per the conditions outlined in my membership agreement.


All other terms and conditions of my membership agreement apply.

92Y urges all program participants to discuss with their personal physician any medical/health concerns before participating in nutrition counseling and to advise the Middleberg nutritionists of any issues.

I understand that my card on file will be billed today and then automatically renew on a month-to-month basis after the initial term at the current rate of $199.00.

If I do not have a card on file, I agree to provide one in order to complete the registration process. A member of the team will be in contact for updated billing information.

I hereby request the privilege of paying to ABC Financial Services, Inc. (“The Company” billing on behalf of 92Y), Sherwood, AR 72124, and further authorize the Company to draw items (checks, electronic fund transfers, charge card) for the purpose of paying said payments, including any late fees or service fees on my account.

DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the center will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other reason. Should any monthly payment become more than ten days past due, you will be charged a late fee. If the Member is paying monthly dues by electronic funds transfer (EFT), the center’s billing company, ABC Financial Services, Inc. reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law.

Notice Required by Law: Any holder of this consumer credit Agreement is subject to all claims and defenses which the debtor could assert against the seller of goods and services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

Do not sign this Service Agreement before you have read all of the terms and conditions of the Agreement. The client is entitled to a completely filled in copy of this Agreement. The client acknowledges that they have been told: (A) That this document is an Agreement and will become legally binding upon its acceptance by the center; (B) The terms and conditions of this Agreement; (C) that they acknowledge that they have examined the facilities and that they accept them in the present condition, and the Client assumes any and all risk involved in the use of the facility and equipment; (D) There are no warranties either expressed or implied which extend this Agreement.

Waiver and Claims: You expressly agree that all risk at the center, including equipment and services, is undertaken by you at your sole risk. You further agree that the center, its employees, agents, or officers are not liable for any damages or injuries to yourself or your property. You agree that the center, its employees, agents, or officers are not subject to any claims or damages resulting from acts of passive or active negligence on the part of the center, its employees, agents, or officers. You also agree that the center is not responsible or liable for articles that are damaged, lost or stolen in or about the premises of the center. This agreement constitutes the entire agreement between you and the center. This agreement may only be amended or altered in writing, signed by both parties.

You acknowledge that you have read and understood the terms and conditions of this agreement, and that you agree to be bound by such terms and conditions.

Member affirms, acknowledges and attests that Member’s mailing address, telephone number, and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that 92nd Street Y and ABC Financial Services, Inc., including its agents and affiliates, may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to 92nd Street Y and/or ABC Financial Services, Inc.

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For more information, email or call us at 212.415.5700.

Membership office: 212.415.5729

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