Terms & Conditions

These Terms and Conditions ("Terms," "Agreement") govern your access to and use of the website located at getfuncfit.com (the "Site"), and your participation in classes, memberships, and other services offered by Func Fit, Inc., a Delaware corporation ("Func Fit," "we," "us," or "our") at our studio locations, including our flagship studio at 1251 Lexington Avenue, New York, NY 10028, and any future Func Fit locations (collectively, the "Studios"). By creating an account, purchasing a membership or class package, or otherwise using the Site or the Studios, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site or the Studios.

1. ACCOUNTS

In order to access some features of the Site, you will have to create a Func Fit account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

2. MEMBERSHIP & CLASS POLICIES

Classes must be cancelled, and waitlist spots released, at least 12 hours before the scheduled start of class. If you have placed yourself on a waitlist, watch for a confirmation email and check your account up to12 hours in advance to see if a spot has opened up. If you are moved off the waitlist and into a class, we assume you are coming unless you cancel at least 12  hours in advance.

Cancellations

Reservations

YOU MUST BE PHYSICALLY PRESENT AND CHECKED IN AT THE START OF YOUR SCHEDULED CLASS, OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.

Membership Packages

Members who purchase any membership package (including, but not limited to, monthly unlimited memberships, class packs, or future promotional programs) may be charged a late-cancellation or no-show fee if a reserved class is not cancelled within the 12-hour window described above.

Personal Belongings

You agree that Func Fit is in no way responsible for the safekeeping of your personal belongings while you are present in a Studio. You assume all risk of loss for any of your personal belongings.

Introductory & First-Time Offers

If you are attending an introductory class, first-time offer, or complimentary class, please note that the cancellation policy and no-show fee described above still apply. If you do not cancel in advance and do not attend, you may be charged the price of a single class.

3. STUDIO RULES AND REGULATIONS

All classes and membership packages are non-refundable. No exceptions.

All classes must be prepaid.

You must be physically present and checked in at the start of class or your spot may be released to a waitlisted client. No exceptions.

Reserved classes must be changed or cancelled at least 12 hours before the scheduled start time or they will be forfeited.

Membership packages are subject to a late-cancellation or no-show fee, as described above.

If you are recovering from an injury or illness, please notify your instructor before class begins.

Instructors and class formats are subject to change without notice. Please check the Site or the Func Fit app for the current class schedule and to confirm availability.

We accept Visa, Mastercard, American Express and other payment methods as noted at sign-up.

4. ASSUMPTION OF RISK; RELEASE AND LIMITATION OF LIABILITY

I, the Participant, affirm that I am in good physical condition and do not suffer from any mental or physical disability that would prevent or limit my participation in a Func Fit class or session, whether led by a Func Fit instructor or an independent contractor at a Func Fit Studio (“Func Fit” or “the Company”).

I confirm that I have no health problems (including, without limitation, cardiac irregularities; spinal, bone, joint, tendon, or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy; or any allergy) that may affect my participation in any session at Func Fit. Participants with low or high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Participant should consult a physician before participating.

I understand that I am voluntarily participating in a program of strenuous physical activity that may include the Func Fit circuit and its stations — Tread, Reform, Vibe, Strength, and Flex — as well as other cardio, resistance, mobility, and recovery equipment.

By enrolling online, signing this agreement, and/or attending classes, events, or other Func Fit programs — whether online, in a Studio, or using Func Fit equipment — I acknowledge and agree, on behalf of myself, my heirs, personal representatives, and/or assigns, that: (a) there are certain inherent risks and dangers in the strenuous nature of the Func Fit workout program; and (b) I have voluntarily chosen to participate in an intense physical exercise program and have been fully informed of its strenuous nature and the possibility of adverse physiological occurrences, including but not limited to abnormal blood pressure, fainting, heart attack, or death. I assume all risk for my health and well-being and fully release and hold harmless Func Fit, its instructors, independent contractors, clients, and employees from any responsibility, cost, or damages for any injury, harm, or loss I may suffer, including death, as a result of participation in any Func Fit activities.

Minors: Func Fit Studio classes and services are intended for individuals 18 years of age or older.

Pregnancy: If you are pregnant, you acknowledge that there are additional risks involved in participating in Func Fit classes while pregnant. We recommend you check with your doctor before starting or continuing any exercise routine during pregnancy.

Communicable Illness

Func Fit follows reasonable health and safety practices in its Studios; however, we cannot guarantee that you, your family, or your guests will not be exposed to or contract a communicable illness (including, without limitation, COVID-19 or seasonal illnesses) while at a Studio. Attending classes, private sessions, or events at Func Fit may place you in close physical contact with other clients and staff. You voluntarily assume the risk that you, your family members, and/or your guests may be exposed to or contract a communicable illness at a Func Fit Studio, and that such exposure could result in personal injury, illness, or in rare cases, more serious harm. By attending a Studio or participating in a Func Fit program, you agree, on behalf of yourself, your heirs, and personal representatives, to assume this risk and to release Func Fit, its instructors, independent contractors, clients, and employees from any related claims, to the fullest extent permitted by law.

Func Fit reserves the right to refuse access to any Participant if, in its reasonable discretion, it considers that the health of the individual concerned may be endangered by the use of Func Fit facilities or classes.

I understand that I am required to follow the instructions of my instructor at all times.

I understand that advice or guidance provided by Func Fit instructors does not constitute medical advice and does not create a doctor-patient relationship.

5. CONTENT

The content on the Func Fit website, including without limitation the text, software, scripts, graphics, photos, sounds, music, videos, class names, and the like (“Content”), and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Func Fit and are subject to copyright and other intellectual property rights under applicable law. Content on the Site is provided to you as-is, for your information and personal use only, and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose without the prior written consent of the respective owners. Func Fit reserves all rights not expressly granted in and to the Site and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site or our services that you provide to Func Fit are non-confidential and shall become the sole property of Func Fit.

You agree not to engage in the use, copying, or distribution of any Content other than as expressly permitted herein, and not to circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of the Content.

“Func Fit,” the Func Fit logo mark, word mark, “The workout that never gets old,” and other Func Fit graphics, logos, and designs are trademarks of Func Fit in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of any other trademark or domain name, in connection with any product or service in a manner likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Func Fit.

6. MOBILE SERVICES

Func Fit services may include features available via your mobile phone, including but not limited to the ability to (i) book and/or purchase classes and memberships via your mobile phone, (ii) receive and reply to Func Fit messages, (iii) browse the Site from your mobile phone, and (iv) access certain features through a mobile application you have downloaded and installed (collectively, the “Mobile Services”). We do not charge for the Mobile Services; however, your carrier's normal messaging, data, and other rates and fees will still apply, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Func Fit and related matters by SMS, MMS, text message, or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us.

7. TERMINATION

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. THIRD-PARTY SITES

Our Site may contain links to third-party sites that are not owned or controlled by Func Fit.

Func Fit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site you visit.

9. GOVERNING LAW

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of New York, USA, without giving effect to any principles of conflicts of law.

10. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to modify or replace these Terms by posting the updated Terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

We encourage you to review this Agreement periodically for changes. If you do not agree to this Agreement or any changes to it, please do not use, access, or continue to access the Site, and discontinue any use of the Site immediately.

11. ELIGIBILITY

Membership is void where prohibited. This Site is intended solely for Users who are [18] years of age or older, and Studio classes, memberships, and services are available only to individuals [18] years of age or older. Any registration by, use of, or access to the Site by anyone under the age of 13 is unauthorized, unlicensed, and in violation of these Terms. By using Func Fit services or the Site, you represent and warrant that you meet the applicable age requirement and agree to abide by all of the terms and conditions of these Terms.

12. TERM

These Terms shall remain in full force and effect while you use Func Fit services or are a member. You may terminate your membership at any time, for any reason, by following the instructions on your account page or by contacting your Studio directly by phone or email. Func Fit may terminate your membership at any time, without warning, if you breach these Terms. These Terms will remain in effect even after your membership is terminated.

13. FEES

You acknowledge that Func Fit charges fees for its services and reserves the right to change its fees from time to time, in its discretion. If Func Fit terminates your membership because you have breached these Terms, you may not be entitled to a refund of any unused portion of your membership or other fees.

14. PASSWORD

When you sign up for Func Fit services, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time, or to disclose your password to any third party. You agree to notify Func Fit immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

15. INTELLECTUAL PROPERTY

The trademarks and trade dress of Func Fit are proprietary to Func Fit and may not be used by you for any purpose other than as expressly permitted. All class formats, station names (including Tread, Reform, Vibe, Strength, and Flex), content, design, text, graphics, and interfaces, and the collection, selection, and arrangement thereof, are the property of, or duly licensed to, Func Fit. Any other use of these materials — including modification, distribution, or reproduction for purposes other than those noted above — without the prior written permission of Func Fit is strictly prohibited.

You acknowledge that Func Fit and/or its third-party content providers remain the owners of all content and materials, and that you do not acquire any ownership rights by downloading, copying, or using such material in accordance with these Terms. Func Fit may discontinue your access to the content and materials, or any portion thereof, at any time.

16. ENTIRE AGREEMENT; NO WAIVER

These Terms, together with our Privacy Policy and any other legal notices published by Func Fit on the Site, constitute the entire agreement between you and Func Fit concerning the Site and our services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of that term or any other term, and Func Fit's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Func Fit reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for changes. Your continued use of the Site following any amendment will signify your acceptance of the revised Terms.

17. ARBITRATION

YOU AND FUNC FIT AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN SPECIFIC TERMS APPLICABLE TO PARTICULAR SERVICES ON THE SITE, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE, AND/OR THE SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent either party has infringed upon, violated, or threatened to infringe upon or violate the other party's patent, copyright, trademark, or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above, the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

18. CONTACTING US

If you have any questions about these Terms, the practices of Func Fit or its services, or your dealings with the Site, please contact us at info@getfuncfit.com or 1251 Lexington Avenue, New York, NY 10028.

These Terms of Service have been updated and are effective as of August 14, 2026