TERMS OF SERVICE

Effective Date: [EFFECTIVE DATE]

These Terms of Service (“Terms”) are a binding agreement between Blue Skies NJ, LLC, d/b/a Sculpt Fitness NJ (“Sculpt Fitness NJ,” “we,” “us,” or “our”), with its facility located at 505 N Michigan Ave, Kenilworth, NJ 07033, and you (“you,” “your,” or “Member/User”). By visiting our facility, booking or attending classes or sessions, purchasing memberships or passes, using personal training or coaching, or accessing our website at www.sculptfitnessnewjersey.com (the “Site”), you agree to these Terms.

If you do not agree, do not use our Services.

ELIGIBILITY & ACCOUNT

1.1 Age. You must be at least 18 to purchase a membership. Minors (13–17) may participate only with a parent/guardian who signs required forms and as permitted by our posted policies. Children under 13 may participate only in designated youth programs with parental consent.
1.2 Account Information. You agree to provide accurate information and keep your contact, payment, and emergency details current.
1.3 Access. We may refuse, suspend, or terminate access for policy violations, safety concerns, nonpayment, or misuse.

MEMBERSHIPS, PASSES & BILLING

2.1 Offerings. We offer memberships, class packs, day passes, personal training, programs, and events (collectively, the “Services”). Details, pricing, and inclusions are shown at checkout or posted on-site/online.
2.2 Auto-Renewal. Unless stated otherwise, recurring memberships auto-renew each billing cycle (e.g., monthly) at the then-current rate until canceled under Section 9.
2.3 Payments. You authorize us and our payment processor(s) to charge your selected payment method for all purchases, renewals, fees, and taxes. If a payment fails, we may reattempt the charge and/or suspend access until resolved.
2.4 Price Changes. We may modify pricing with advance notice (e.g., 30 days). Your continued use after notice constitutes acceptance.
2.5 Promotions. Discounts, trials, and promotions are time-limited and subject to specific terms. Unless stated otherwise, promotions cannot be combined and apply prospectively only.

RESERVATIONS, CHECK-IN & ATTENDANCE

3.1 Booking. Class and session bookings are first-come, first-served. Some Services require advance reservation.
3.2 Late Arrival / No-Show. Late arrivals may be denied entry for safety reasons. No-shows or late cancellations may incur fees per our posted policy.
3.3 Changes. We may change instructors, class formats, and schedules; reschedule or cancel sessions; or limit capacity for safety and operational needs. If we cancel a paid session, we will offer a reasonable reschedule or credit.

HEALTH, SAFETY & ASSUMPTION OF RISK

4.1 Health Representations. You represent that you are in suitable physical condition to participate and have no medical condition that prevents safe use of the Services. Consult a physician before starting any fitness program.
4.2 Disclosure & Instructions. Inform staff of any relevant medical concerns and follow all instructions, signage, and guidelines.
4.3 Inherent Risks. Fitness activities involve risks, including injury, illness, or worse. By participating, you knowingly and voluntarily assume all such risks to the fullest extent permitted by law.
4.4 Personal Property. You are responsible for your personal property. We are not liable for lost, stolen, or damaged items.
4.5 Emergency Care. In an emergency, we may provide or seek medical assistance. You consent to such assistance and are responsible for related costs.

FACILITY RULES & CONDUCT

5.1 Rules. Follow posted rules, staff instructions, and any program-specific policies.
5.2 Prohibited Conduct. No harassment, discrimination, threats, unsafe behavior, vandalism, unauthorized recording, or misuse of equipment.
5.3 Cleanliness & Attire. Wear appropriate attire and footwear; clean equipment after use.
5.4 Minors. Minor participants must comply with youth policies and may require parental supervision per posted rules.
5.5 Photos/Video. Personal recording is allowed only where permitted and must not capture others without consent. Commercial filming requires our written permission.

PERSONAL TRAINING, COACHING & PROGRAMS

6.1 Scheduling. Sessions must be scheduled in advance and used within stated windows; unused sessions may expire.
6.2 Cancellations. Session cancellation windows and fees are posted online or provided at purchase.
6.3 Results. Results vary by individual. We do not guarantee specific outcomes.

MERCHANDISE & DIGITAL CONTENT

7.1 Sales. Merchandise and digital content sales are subject to posted pricing and availability.
7.2 License to Digital Content. Where applicable, you receive a limited, personal, non-transferable license to access purchased digital content for your own use. No redistribution, copying, or resale without our consent.

INTELLECTUAL PROPERTY

8.1 Our IP. The Site, brand names, logos, class/program content, and related materials are owned by us or our licensors and protected by law. You receive no rights except as expressly granted.
8.2 Member Content. If you submit reviews, photos, or feedback, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content for promotional and operational purposes, subject to our Privacy Policy and your privacy rights.

CANCELLATION, FREEZES & REFUNDS

9.1 Membership Cancellation. You may cancel an auto-renewing membership by following the instructions on the Site or by sending written notice to [CONTACT EMAIL] at least [NOTICE PERIOD, e.g., 14 or 30] days before your next billing date.
9.2 Freezes. Membership freezes or holds may be available for medical or travel reasons as posted or approved in our discretion. Proof may be required.
9.3 Class/Session Cancellations. Late cancellations or no-shows may forfeit the session and/or incur a fee as posted.
9.4 Refunds. Unless required by law or expressly stated otherwise, fees are nonrefundable. Any approved refunds are typically processed to the original payment method within [X] days.
9.5 Changes to Policies. We may update cancellation and refund rules; current terms will be posted on-site or online.

PRIVACY

Your use of the Services is also governed by our Privacy Policy, available on the Site. Please review it to understand how we collect, use, and share information.

DISCLAIMERS & LIMITATION OF LIABILITY

11.1 No Medical Advice. Our coaches and content are for general fitness information only and are not medical advice.
11.2 Disclaimer. To the fullest extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, express or implied.
11.3 Limitation. To the fullest extent permitted by law, our total liability for claims arising out of or related to the Services will not exceed the total fees you paid to us for the Services giving rise to the claim in the twelve (12) months preceding the event. Certain consumer rights may not be limited; nothing here excludes liability that cannot be excluded by law.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Sculpt Fitness NJ, our owners, employees, and contractors from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your misuse of the Services, violation of these Terms, or violation of any law or third-party rights.

SUSPENSION & TERMINATION

We may suspend or terminate your access if you violate these Terms, fail to pay fees, or pose safety risks. You may terminate under Section 9. Certain provisions survive termination (e.g., IP, indemnity, limitation of liability, dispute resolution).

GOVERNING LAW & DISPUTE RESOLUTION

14.1 Governing Law. These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-laws principles.
14.2 Venue. Exclusive jurisdiction and venue lie in the state or federal courts located in or serving Union County, New Jersey, and you consent to personal jurisdiction there.
14.3 Good-Faith Resolution. Before filing any claim, the parties will attempt to resolve disputes in good faith, including a brief written notice and a 10-business-day discussion period. This section does not prevent seeking injunctive relief for IP or safety concerns.

CHANGES TO TERMS

We may update these Terms from time to time. The “Effective Date” will reflect the latest update. Material changes will be announced on the Site or via email where feasible. Your continued use after changes means you accept the updated Terms.

CONTACT

Questions about these Terms may be directed to: [CONTACT NAME OR ROLE],
Blue Skies NJ, LLC d/b/a Sculpt Fitness NJ
505 N Michigan Ave, Kenilworth, NJ 07033
Email: [email protected]
Phone: 908 964 1120