Terms & Conditions
All customers of Zengo Fitness LLC ("Zengo") and visitors to www.zengofitness.com (the "Website") are subject to the Terms and Conditions expressed below.
Notice And Consent
BY SIGNING UP FOR AND/OR ATTENDING ZENGO CLASSES, ACTIVITIES AND OTHER PROGRAMS, AND USING ZENGO'S PREMISES, FACILITIES AND EQUIPMENT(COLLECTIVELY, "CLASSES AND FACILITIES"), YOU HEREBY AGREE THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN INDOOR CYCLING AND EXERCISE AND IN USING INDOOR CYCLING AND EXERCISE EQUIPMENT IN ASSOCIATION WITH THE CLASSES AND FACILITIES. IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE IN AND ACCESS THE CLASSES AND FACILITIES PROVIDED BY ZENGO , IN ADDITION TO THE PAYMENT OF ANY FEE OR CHARGE, YOU HEREBY AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGE WHICH ARE SUSTAINED OR AGGRAVATED BY YOU IN RELATION TO THE CLASSES AND FACILITIES, (2) WAIVE, RELEASE AND FOREVER DISCHARGE ZENGO, ITS OFFICERS, AGENTS,MEMBERS, EMPLOYEES, REPRESENTATIVES, AND ALL OTHERS FROM ANY AND ALL RESPONSIBILITY, CLAIMS, RIGHTS, CAUSES OF ACTION AND/OR LIABILITY FROM INJURIES OR DAMAGES TO YOUR PERSON OR PROPERTY RESULTING FROM YOUR PARTICIPATION IN AND USE OF THE CLASSES AND FACILITIES, AND (3) REPRESENT YOU HAVE NO MEDICAL OR PHYSICAL CONDITION WHICH WOULD PREVENT YOU FROM ATTENDING AND/OR USING ANY OF ZENGO'S CLASSES AND FACILITIES AND/OR PUT YOU IN ANY PHYSICAL OR MEDICAL DANGER, AND HAVE NOT BEEN INSTRUCTED BY A PHYSICIAN NOT TO DO SO. ZENGO HEREBY ADVISES YOU THAT INDIVIDUALS WITH ANY CHRONIC DISABILITIES OR CONDITIONS ARE AT RISK IN USING ZENGO 'S CLASSES AND FACILITIES, AND ARE ADVISED AGAINST DOING SO. IN ADDITION, IF IN THE OPINION ZENGO STAFF, YOU WOULD BE AT PHYSICAL RISK USING ZENGO'S CLASSES AND FACILITIES, YOU WILL BE DENIED ACCESS TO ZENGO AND ITS CLASSES AND FACILITIES UNTIL YOU FURNISH ZENGO WITH AN OPINION LETTER FROM YOUR MEDICAL DOCTOR, AT YOUR SOLE COST AND EXPENSE, SPECIFICALLY ADDRESSING ZENGO'S CONCERNS, AND STATING THAT ZENGO'S CONCERNS ARE UNFOUNDED. IF YOU DECLINE TO OBTAIN SUCH A LETTER, YOU WILL NOT BE PERMITTED TO USE THE CLASSES AND FACILITIES OF ZENGO. ONE ACCOUNT PER INDIVIDUAL.
Notice Of Consumer Rights
1. Our business registration number with the State's Consumer Protection Division is E3798.
2. We are not required to hold a performance bond under the Maryland Health Club Services law because we do not accept more than 3 months of payment in advance or charge initiation fees over $200.
3. If the studio is closed for a month or more, you are entitled to your choice of either an extension of the pre-purchased package or a prorated refund. If the closing is not the fault of the business, we are entitled to choose either the extension or refund .
4. You have the right to cancel this package within three business days after receipt of a copy of this agreement. Cancellation must be in writing and delivered in person or by certified or registered mail. If you cancel, you are entitled to a full refund of all monies paid.
5. If you become disabled for at least 3 months during the package term and teh disability is confirmed in writing by a physician, you are entitled to an extension of the package. Since we are exempt from the bonding requirement, we cannot collect payments during a member's disability extension so that we are not holding more than three months of payments in advance.
Use of this Website
Zengo maintains this Website for the convenience of and communication with existing and prospective customers, and for their education and information. Please feel free to browse the Site. You may download material displayed on this Website for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of this Website for public or commercial purposes, including the text, images, audio and video without Zengo's written permission in each instance. Changes periodically are made to the information contained in this Website.
Unless otherwise noted, product and service names, designs, logos, titles, text, images, audio and video within this Website are the trademarks, service marks, trade names, copyrights or other intellectual property of Zengo. All other unregistered and registered trademarks or service marks are the property of their respective owners. Nothing contained within this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Zengo intellectual property displayed within this Website without Zengo's written permission in each instance.
No Warranties; Limitation of Liability
THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED, BY OPERATION OF LAW OR OTHERWISE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE. ZenGo assumes no responsibility for, and shall not be liable for any damage to, or virus that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in this Website or any linked sites, or your downloading of any materials, data, text, images, video or audio from this Website or any linked sites.
In no event shall Zengo or any other party involved in creating, producing, maintaining or delivering this Website, or any of their respective shareholders, directors, officers, members, managers, employees or agents (collectively, "Released Parties"), be liable for damages of any kind whatsoever including, without limitation, any direct, indirect, exemplary, incidental, consequential, punitive, special or other types of damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with your access to, use of, or browsing in this Website or any linked sites, or your downloading of any materials, data, text, images, video or audio from this Website or any linked sites.
By your access to, use of, or browsing in this Website, you release Zengo and the other Released Parties, and agree to indemnify and hold it and them harmless from and against, any and all claims, demands, losses, actions, suits, proceedings or other liability arising out of or in any manner relating to your access to, use of, or browsing in this Website or any linked sites, or your downloading of any materials, data, text, images, video or audio from this Website or any linked sites including, without limitation, its and their attorneys fees and costs of defense.
Unaffiliated Products, Services and Sites
Descriptions of, or references to, products, services, publications or sites not owned or offered by Zengo do not imply endorsement of that product, service, publication or site. Zengo has not reviewed all material linked to this Website and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
Communications with this Website
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Zengo will fully cooperate with any law enforcement authorities or court order requesting or directing Zengo to disclose the identity of or help identify or locate anyone posting any such information or materials.
Any communication or material you transmit to this Website by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be edited by or on behalf of Zengo, may or may not be posted to this Website at the sole discretion of Zengo, and may be used by Zengo for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. Further, Zengo is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Your use of or browsing in this Website, and your use of any Zengo products or services, shall be deemed acceptance of the above Terms and Conditions and the laws of the state of Maryland. Any claim or dispute between you and Zengo that arises in whole or in part from your use of or browsing in this Website, or your use of any Zengo products or services, whether through your use of the Zengo Website or otherwise, shall be decided exclusively by a court of competent jurisdiction located in Maryland, and you consent to the jurisdiction of such court.