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Terms of Service

The following Terms of Service govern the Agreement between You (the purchaser of the personal training session, personal training sessions, personal training packs ("Personal Training")) and OPTApp, Inc. and its affiliates, sub-contractors, or assigns, with a mailing address of 30-30 Northern Blvd. Long Island City, NY. 11101 (OPTApp, Inc. and Powerhouse Gym LIC (referred to as "Club")), attached hereto and entered into effective as of the date of Your Purchase ("date you purchased set for by receipt"). You, OPTApp, Inc., Powerhouse Gym LIC are each referred to as a "Party" and collectively as the "Parties."

Do not enter into this Personal Training agreement before You have read all of the terms and conditions of this Agreement. You are entitled to a complete copy of this Agreement. You acknowledge that You have understood: (A)that this document is an Agreement and will become legally binding upon its acceptance by OPTApp, Inc.; (B)The Terms and Conditions of this Agreement; (C)that You acknowledge that you have examined the Club facility and equipment; (D) There are no warranties either expressed or implied which extend beyond this Agreement; (E) That You may cancel a scheduled appointment 24 hours before that appointment without a charge, and that when cancellations are made with less than 24 hours notice, You will be billed for that session; (F) There is a 10 day prior to billing date, notification policy to cancel recurring payments.

PAYMENT TERMS. You authorize OPTApp, Inc. to process the credit card information you have provided to OPTApp, Inc., in the amount set forth on the checkout page, for the Personal Training. You acknowledge and agree that Personal Training services do not include travel, lodging, Club access, and such travel, lodging and Club access expenses incurred by You shall be Your sole responsibility and shall be in addition to any Fee for the Personal Training. 

NO RIGHT TO REFUND. Because you will start to receive the Personal Training services immediately, You understand and agree that You shall have no right to receive any refund for any reason or at any time, even if You cancel Your Personal Training services. You further understand and agree that if You shall fail or refuse to avail Yourself of any Personal Training services, You shall not be entitled to any refund.

DEFAULT AND LATE PAYMENTS. Should you default on any payment obligation as called for in this agreement, OPTApp, Inc. 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 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 you are paying monthly dues by electronic funds transfer (EFT), the Club's billing company, ABC Financial Services, LLC, 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.

Any holder of this consumer 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 or otherwise specified under your agreed upon agreement by merchant account.

BODY, HEALTH, RESULTS CLAIMS. You agree that the Club has not made any promise, guarantee, or other representation with respect to Your future body, health, fitness Claims resulting from provision of Personal Training service and that You have not been induced to enter the Agreement as a result of any body, health, fitness Claims. 

CONTACTS. You affirm, acknowledge and attest that Your mailing address, telephone number, cellular telephone number and e-mail address provided during the checkout process and the agreement you enter to receive Club access are accurate and were provided by You voluntarily. Subject to applicable law, You agree that OPTApp, Inc., Powerhouse Gym LIC and ABC Financial Services, LLC, PayPal, including its agents and affiliates, may contact You at any mailing address, telephone number, or e-mail address set forth during the checkout process, or sub-sequential provided by You to OPTApp, Inc. Powerhouse Gym LIC, PayPal, and/or ABC Financial Services, LLC. By completing the purchase of the Personal Training and providing Your credit card information, You agree that OPTApp may call and text You regarding Your account information and regarding other offers, products, and services, including through the use of automated dialing equipment and pre-recorded messages, and that this consent is not a condition of purchase.

INDEMNITY. You agree to protect, defend, indemnify and hold harmless OPTApp and the Club, its officers, directors, employees, partners, from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your receipt of Personal Training services or actions taken in response thereto. Your indemnity obligation includes, but is not limited to, any claim for personal injury sustained while travelling to or attending Personal Training, Club, or other in-person training or workshop provided by OPTApp to You.

LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL OPTAPP'S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT PAID BY YOU TO OPTAPP INC. PRECEDING THE EVENT GIVING RISE TO ANY CLAIM BY YOU. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

FORCE MAJEURE. Except for the duty to make payments hereunder when due, and the indemnification provisions under this Agreement, neither Party shall be responsible to the other for any delay, damage, or failure caused by or occasioned by any act of God, act of nature or the elements, terrorism, insurrection, or any other causes (except financial) beyond the control of either Party.

ARBITRATION. Any claim or grievance of any kind, nature of description that You have against OPTApp, Inc. shall be resolved exclusively in final and binding arbitration before a single arbitrator selected by OPTApp, Inc. within a reasonable time of You giving notice of arbitration to OPTApp, Inc. Arbitration shall be held in Queens County, NY. You agree not to file suit in any court against OPTApp, Inc. and the Club, any of its affiliates, subsidiaries, officers, directors, or employees. The arbitration will be subject to the rules of the American Arbitration Association and the Federal Arbitration Act, 9 U.S.C. §§1-16 ("FAA"). The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The decision of the Arbitrator will be final and binding on the Parties, subject to appeal only under the FAA, and may be reduced to a judgement in any court of competent jurisdiction. You agree that each party shall bear its own costs and attorneys' fees in any arbitration or litigation, regardless of which Party, if either of them, is deemed the prevailing party. Any claim must be brought in arbitration within one (1) year of the claim arising or forever be barred. This Agreement to arbitrate survives any termination or expiration of the Agreement as well as bankruptcy or insolvency of either Party. Nothing in these Terms and Conditions prevents OPTApp from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief relief available to protect OPTApp Inc's interest prior to, during, or following the filing of any arbitration or other proceeding. This arbitration clause shall also apply to any dispute, controversy, or claim between You and any third party with whom OPTApp, Inc. and/or the Club contracts in order to perform its obligations or exercise its rights under this Agreement, including without limitations, its third party payment processor, which is PayPal and/or ABC Financial Services, LLC.

YOU UNDERSTAND AND AGREE THAT YOU AND OPTAPP ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER YOU NOR OPTAPP, INC. SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

WAIVER OF CLASS OF ACTION. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement, or OPTApp, Inc. Claims brought against OPTApp, Inc. may not be joined or consolidated with claims brought by anyone else.

GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the state of New York without regard to any choice of law provisions.

SEVERANCE. In the event any provision of the Agreement or these Terms and Conditions is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulations, and this Agreement and these Terms and Conditions, as so modified shall continue in full force and effect.

NO ASSIGNMENT. The Agreement cannot be assigned by You to another person and/or Party without the express written consent of OPTApp, Inc. 

AGREEMENT: I commit to having a better body, and a better life. I understand that there are no shortcuts. I understand that the Personal Training session and Club does not provide quick fixes and easy answers. I will progress within my own ability, but will be required to work hard each day. However, if I consistently follow all of the components outlined in the program designed in the Personal Training, I can get results. Furthermore, I agree to train on average of no less than twice per week for the duration of this contract. I understand the Personal Training sessions are not transferable or refundable. 

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

E-SIGN CONSENT. Certain laws and regulations may require OPTApp, Inc., Powerhouse Gym LIC, PayPal, and/or ABC Financial Services, LLC. to provide you with written notices and disclosures on paper. With your consent, this information may be provided to you electronically. Your consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the "Documents") that OPTApp, Inc., Powerhouse Gym LIC, PayPal, ABC Financial Services, LLC, may provide you. Your consent to receive the Documents electronically shall continue until expressly withdrawn by You. Notwithstanding, You may request a paper copy of all electronic Documents by contacting OPTApp, Inc., Powerhouse Gym LIC, PayPal, and/or ABC Financial Services, LLC, and requesting a paper copy. You may withdraw your consent at any time by notifying the customer service department of OPTApp, Inc. Powerhouse Gym LIC. and/or ABC Financial Services, LLC, Upon withdrawing consent, You shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Your receipt of the Documents. You agree to maintain a valid email address with OPTApp, Inc. Powerhouse Gym LIC, PayPal, and/or ABC Financial Services, LLC, of any changes to Your email address. If You have provided another type of electronic contact information, such as a phone number, then You may change that contact information by contacting the customer service department of OPTApp, Inc. Powerhouse Gym LIC. and/or ABC Financial Services, LLC, To access, view and receive the Documents electronically, You agree and acknowledge that You must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Your electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if You desire to print any electronic Document. You acknoledgte that You may also need a certain brand or device that can support applications intended for Your electronic mobile devices, tablets and smartphones. In the even the required software or hardware is modified in such a way that would create a material risk to You to access the Documents electronically, then OPTApp, Inc. Powerhouse Gym LIC, and/or ABC Financial Services, LLC, will notify You following such material Modification. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU DO HEREBY AGREE TO THE TERMS AND CONDITIONS OF THIS PARAGRAPH AND CONSENTS TO THE SAME. YOU DO ALSO CONFIRM THAT YOU HAVE THE SOFTWARE AND HARDWARE DESCRIBED ABOVE, THAT YOU HAVE THE MEANS NECESSARY TO ACCESS, VIEW AND RECEIVE THE DOCUMENTS ELECTRONICALLY, AND THAT MEMBER HAS PROVIDED A VALID AND ACTIVE EMAIL ADDRESS TO OPTAPP INC., POWERHOUSE GYM LIC, PAYPAL, AND/OR ABC FINANCIAL SERVICES, LLC.

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.



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