TERMS OF SERVICE

Effective Date: February 01, 2025 Last Updated: October 08, 2025

Welcome to Body and Mind Fitness ("we," "us," "our," or "Body and Mind Fitness"), a personal training studio located in Dumont, New Jersey. These Terms of Service ("Terms") govern your access to and use of our website at bamfitnessnj.com (the "Website"), our services, including personal training sessions, group classes, nutrition coaching, and any other offerings (collectively, the "Services"). By accessing or using the Website, booking Services, or otherwise interacting with us, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use the Website or our Services. We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Website and updating the "Last Updated" date above. Your continued use after such changes constitutes your acceptance of the revised Terms.

These Terms comply with applicable laws, including the New Jersey Health Club Services Act (N.J.S.A. 56:8-39 et seq.), which regulates health club contracts in New Jersey. As a registered health club (if applicable under the Act, based on our facility's dedication to health services exceeding 40% of space), we ensure all contracts for Services are in writing and include required disclosures. This is not legal advice; consult an attorney for specific concerns.

Eligibility and Accounts

You must be at least 18 years old or have parental/guardian consent to use our Website or Services. If you create an account (e.g., for booking sessions), you agree to provide accurate information and keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.

Description of Services

We offer personal training, group fitness classes, nutrition coaching, and related services at our studio or virtually. Services may include customized workout plans, goal tracking, and community events. All Services are subject to availability and may change without notice. We do not guarantee specific results, as outcomes depend on your effort, health, and adherence.

Booking and Contracts for Services

When you book Services (e.g., via web forms, email, or in-person), you enter into a binding contract with us. Per New Jersey law, all health club services contracts must be in writing and will be provided to you (e.g., via email confirmation or signed agreement). The contract will include:

• The total payment amount and payment schedule.
• A description of Services provided.
• The duration of the contract (e.g., session packages or memberships).
• Your right to cancel (see below).
• Our address and contact information.

Contracts are non-transferable without our written consent.

Payments, Fees, and Refunds

Payments for Services are due as specified in your contract (e.g., upfront for sessions or monthly for memberships). We accept credit cards, debit cards, and other methods via secure third-party processors. All fees are non-refundable except as required by law or stated in your contract. Late payments may incur fees. We may adjust fees with notice.

Refunds: No refunds for unused sessions unless due to our closure or as per the cancellation policy. Partial refunds may apply for medical reasons with documentation.

Cancellation and Right to Cancel

You may cancel sessions with at least 24 hours' notice; otherwise, you may be charged. For memberships, cancellation terms are in your contract (e.g., 30 days' notice).

Under the New Jersey Health Club Services Act, you have the right to cancel any health club services contract within 3 business days of signing for a full refund (excluding any services already provided). To cancel, notify us in writing at our address or via certified mail. If we close or relocate more than 5 miles away, you may cancel without penalty.

User Conduct and Obligations

You agree to:

• Use Services responsibly and follow instructor guidance.
• Disclose any medical conditions or limitations before participating.
• Not engage in prohibited conduct, such as harassment, unauthorized recording, or damaging equipment.

We reserve the right to refuse service or remove you for violations.

Health and Liability Waiver

Participation in fitness activities involves risks, including injury or death. By using our Services, you represent that you are in good health or have consulted a physician. You waive and release Body and Mind Fitness, its owners, employees, and affiliates from any liability for injuries, losses, or damages arising from your participation, to the fullest extent permitted by law. This waiver applies even if caused by our negligence (where allowed).

Intellectual Property

All content on the Website (e.g., logos, workout plans, text) is owned by us or our licensors and protected by copyright, trademark, and other laws. You may not copy, distribute, or use it without permission, except for personal, non-commercial use.

Privacy

Your privacy is important. Please review our Privacy Policy, which is incorporated into these Terms and explains how we handle your data.

Termination

We may terminate or suspend your access to the Website or Services at any time for violations of these Terms, non-payment, or other reasons. Upon termination, any outstanding obligations (e.g., payments) remain.

Disclaimers and Limitation of Liability

The Website and Services are provided "as is" without warranties. We disclaim all implied warranties, including fitness for a particular purpose. Our liability is limited to the amount you paid us in the prior 12 months, and we are not liable for indirect, consequential, or punitive damages.

Indemnification

You agree to indemnify and hold us harmless from claims arising from your use of the Website or Services, violations of these Terms, or infringement of rights.

Governing Law and Dispute Resolution

These Terms are governed by New Jersey law. Any disputes will be resolved in courts located in Bergen County, New Jersey. We encourage informal resolution first; contact us with issues.

Changes to Terms

We may modify these Terms; continued use after changes means acceptance.

Miscellaneous

These Terms constitute the entire agreement. If any provision is invalid, the rest remain enforceable. No waiver of a breach is a waiver of future breaches.

Contact Us

For questions:

Body and Mind Fitness
32 Omaha St, Dumont, NJ 07628
Email: training@bamfitnessnj.com
Phone: +1-201-208-2669