TERMS AND CONDITIONS AGREEMENT

 

Welcome to BYKlyn Studios, an independent fitness studio where community and inclusivity meet. Our mission is to inspire and motivate you to find progress, build confidence and feel  joy — every day, every class.

 

Why You’re Reading this Document

 

The following is a service agreement and waiver of liability (the “Agreement”) that clearly communicates our expectations and legal limits in working together. You must read through both this service agreement and the waiver (starting on page 5) -- by signing this Agreement you agree to be bound by both of them. 

Please raise any questions you have before signing as we want to make sure we are all on the same page moving forward.

In exchange for agreeing to work together with BYKlyn, you agree to be bound by the following conditions.

Contractual Terms

Parties. We will refer to Small Town Girl LLC dba BYKlyn as “BYKlyn”, “us”, or “we” and we’ll refer to you as “you” or “your.” 

 

Our Commitment to You. We offer various group cycling, fitness classes and personal training for all levels (the “Services”). Classes are listed on our website along with the different options for packages, memberships and individual class purchase. Personal Training is also offered via packages on our website. 

 

What We Expect of You. Just as you are investing in us, we are also ready to invest our time and energy in you. So in order for you to gain the most from the Services, here is what we expect:

 

Let’s Honor Our Time. Time integrity and keeping your word is important. Please arrive on time and honor the session length. Late-comers will not be allowed to enter class and will forfeit the class (including the cost). 

 

Respect for Staff and Each Other. Always be respectful of staff and other participants. If an issue comes up, please do let our staff know so we can figure out how to handle it appropriately.

 

Studio Rules/Policies. You must abide by our individual rules of membership and general studio etiquette, as explained in this Agreement, on the BYKlyn website (the “Website”) and at our studio. 

 

Cancellation Policy. You must comply with our cancellation policy, detailed in section 9. 

 

Payment. You will be charged the full amount at the time of purchase as provided through the Website or by paying electronically at our studio prior to attending a class.

 

Returned Payment Surcharge. You will automatically be charged any bank fee imposed on BYKlyn, plus a processing fee of up to $25, for any returned payment item due to any reason, including but not limited to, closed accounts, insufficient funds or similar issues. In such cases, BYKlyn retains the right to collect all current and past due balances in any subsequent month.

 

Transferability of BYKlyn Class Packages / Memberships. Classes and memberships are non-transferable.  
 

Communication. All communication will be done either via the Website or by emailing info@byklyn.com or frontdesk@byklyn.com (“Email”). 
Scheduling. Class schedules are posted online. Please register and pay and then reserve a spot for a specific class online AT LEAST 12 hours before class time. In some cases, walk-ins may be allowed into a class if there is space and you show up at least 10 minutes in advance, but we highly recommend that you book classes in advance in order to guarantee you a spot. 

 

Term + Termination. The term of this Agreement will begin on the date you agree to this Agreement and end once all the Services are completed (the “Term”). 

BYKlyn reserves the right to terminate this Agreement immediately if you breach any of the expectations outlined as per clause 3. No refund will be provided as detailed in section 8.

 

BYKlyn reserves the right to revoke, suspend or terminate your membership or class credits at any time and for any reason. 

 

Monthly memberships may be canceled by informing BYKlyn via Email at least 30 days prior to membership termination. 

 

Cancellations and Refunds. All sales of the Services are final sale. There will be no refunds under any circumstances. No refunds will be provided. For ride packages and monthly passes, unused classes cannot be refunded. Classes, packages and memberships are not transferable—one member per package or pass.

 

Cancellations. You may cancel a reservation online through our Website or via our app (leaving voicemail doesn’t work), but please do so at least 6 hours prior to the class start time or you will be charged the full cost of the class (meaning you lose the class).

 

 Unlimited Monthly Members. Unlimited monthly members must inform us of cancellation at least 8 hours before class. If you cancel after 6  hours, but before class time, you will be charged a $10 late cancel fee. If you miss a class without informing us at all beforehand, a missed class fee of $20 will apply.

 

Change in Operating Hours/Temporary Closing of BYKlyn. Change in health guidelines/restrictions, repair, maintenance, special occasions, or act of God, BYKlyn may be required to restrict use or temporarily close its facilities or activities from time to time.

 

 There will be no reduction or suspension of membership fees. 

 

 BYKlyn reserves the right to amend, eliminate or add hours of operation and Services. You agree to be notified of these changes via the Website or email. 

 

Class Roll-over for members:  At BYKlyn Studios, your unused classes roll over to the next month to but expire after 60 days. Rollover is helpful when you have busy months preventing you from using all your classes. With rollover, you can “catch up” when you have more time before the 60 day expiration. Paused and canceled memberships are considered inactive; rollover classes cannot be used with paused memberships. Rollover classes are forfeited with membership cancellation. Unused classes are non-refundable and non-transferable.  

 

No Guarantees. BYKlyn cannot guarantee the success of the Services. We promise to provide you with the opportunity and Services to support you, but their success ultimately depends on you.  

 

Media Release. You understand that we may use photos, audio or video of you as a means to document, share and promote our services. Please let us know if you do not want us to share any media of you.
Marketing Communications. You agree to receive marketing, advertising and promotional communications from BYKlyn. You may choose to stop receiving these communications at any point in time. 

Ownership of Materials. Logos for BYKlyn are trademarks belonging to it and its affiliates. The contents of the Website are all copyrighted by BYKlyn, unless otherwise noted, but the absence of a registered copyright symbol does not exclude such materials from BYKlyn’s protection. You must obtain written permission from BYKlyn to use its trademarks or any of the contents of its Website. 

 

Legal Things That Are REALLY Important. Before you can participate in any of our classes or Services, you must read our Waiver, which begins on page 5 of this Agreement, and make sure you understand it before agreeing to it by signing or clicking “I Agree”. 

 

Standard Legal Things. Jurisdiction. This Agreement will be governed exclusively by the laws of the State of New York. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Survival. Provisions 12 and 13 will survive the termination of this Agreement. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. Our waiver of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having You click “I Agree,” the effect of which will be the same as if we signed this Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.

 

By clicking ‘I Agree’, you agree that you have read these Terms and Conditions and fully understand its contents and you voluntarily agree to be bound to all of its terms.