The Foundry Lancaster welcomes you. The following Terms and Conditions of Use (Terms and Conditions of Use) govern your access to and use of this Website (Service). Please review these carefully. By accessing and using the Website, you agree to be legally bound by all of the terms, conditions, or notices contained or referenced in this Website. If you do not accept these Terms and Conditions of Use, you are not authorized to use The Foundry Lancaster Website. The Foundry Lancaster reserves the right to amend these Terms and Conditions of Use at any time.
In addition to these Terms and Conditions of Use, we have established a Privacy Policy to explain how we collect and use information about you. A copy of this Privacy Policy can be found here: and is incorporated by reference in these Terms and Conditions of Use. By accessing or using this Website, you are also signifying your acknowledgment and agreement to our Privacy Policy.
Background
We provide certain information about our products and services on The Foundry Lancaster Website. We may add, delete or modify some or all of our services and information at any time.
Information Posted on Our Site
Information on The Foundry Lancaster Website is provided AS IS and may contain technical inaccuracies or typographical errors. We make no representations or warranties with respect to this Site or its contents, or any site with which it is linked, which are each provided for use “AS IS” and on an “AS AVAILABLE” basis. We disclaim all warranties, express or implied, including without limitation the implied warranties of title, non-infringement, merchantability, quality, and fitness for a particular purpose, with respect to this site, its contents, and any site with which this site may be linked. We do not warrant that this site, its servers or e-mails sent from us will be free of any harmful components (including viruses). We also make no representations or warranties as to whether the information accessible via this site, or any site with which it is linked, is accurate, complete, or current. We do not provide any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other date. You accept that our parent, affiliates, subsidiaries, officers, directors, employees, and suppliers shall have the benefit of this clause.
Exclusion of liability
To the fullest extent permitted by law, we, on behalf of our affiliates, officers, directors, employees and suppliers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising, including without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of damage to property, claims of third parties, or other losses of any kind, even if we have been advised of the possibility of such damage or loss, arising out of or in connection with the use of this site or any content provided on this site. This limitation of liability applies whether the alleged liability is based on contract, equity, negligence, tort, strict liability, or any other basis. The forgoing shall not preclude recovery of damages for personal injury, loss or damage to personal property, or unauthorized use or a disclosure of personally identifiable information caused by our gross negligence or recklessness, fraud or other willful or intentional misconduct.
Indemnity
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless The Foundry Lancaster, its subsidiaries and affiliates together with their respective directors, officers, managers, members, employees and agents, from and against all liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) incurred or alleged by any third party arising out of or related to your use of this Site, any content you submit, post to, or transmit through this Site or your breach or alleged breach of these Terms and Conditions of Use.
System Integrity
You may not use any device, software or routine, malicious code or repeated hacks or attacks on web server(s), intended to damage or interfere with the proper working of The Foundry Lancaster Website or to surreptitiously intercept or expropriate any system, data or personal information from the Foundry Lancaster Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial-of-service attacks, spam, or any other such unsolicited overload technique.
Our Relationship
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms and Conditions of Use between you and The Foundry Lancaster. These Terms and Conditions of Use are an agreement between you and us and are not intended to be for the benefit of any third party.
Ownership
The Foundry Lancaster Website and all intellectual property rights included in or related to The Foundry Lancaster Website (including but not limited to copyrights, trademarks and service marks), are owned or licensed by us, and all right, title and interest in The Foundry Lancaster Website and the related intellectual property rights remain our property (or the property of the respective licensors). You may not, and these Terms and Conditions of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to The Foundry Lancaster Website. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on The Foundry Lancaster Website, including its content.
Laws And Regulations
You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of The Foundry Lancaster Website; and (ii) release of information to and retrieval of information from The Foundry Lancaster Website and any The Foundry Lancaster database. To the extent that any applicable taxes apply to your use of The Foundry Lancaster Website, you are responsible for the payment of such taxes.
Termination Of Use
If at any time you are not in compliance with these Terms and Conditions of Use, or if we are unable to verify or authenticate any information you release to us, we have the right to terminate your rights of use and your access to The Foundry Lancaster Website. We also have the right to terminate your use at our discretion, for any reason or no reason.
Governing Law and Jurisdiction
The Foundry Lancaster Website is operated by us from our offices in Lancaster, Pennsylvania. It can be accessed from all 50 states in the United States, as well as from other countries around the world. By accessing The Foundry Lancaster Website, you agree that these Terms and Conditions of Use and your use of The Foundry Lancaster Website shall be governed in all respects by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law provisions. The Foundry Lancaster makes no representation that materials on The Foundry Lancaster Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. In addition, you expressly agree to submit to the exclusive jurisdiction and venue of the state courts in Lancaster County, Pennsylvania, or the federal courts for the Eastern District of Pennsylvania in all disputes arising out of or relating to the use of The Foundry Lancaster website, its Privacy Policy, and the Terms and Conditions of Use.
Notice
Except as explicitly stated otherwise or required by law, you shall provide any notices to The Foundry Lancaster by e-mail to us at info@thefoundrylancaster.com Upon your request, you may have these Terms and Conditions of Use sent to you by e-mail. Please feel free to contact The Foundry Lancaster to resolve a complaint regarding any aspect of service relating to this site by contacting us at 717-455-0070 or info@thefoundrylancaster.com
Other General Provisions
If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use, and all writings and web pages incorporated by reference into these Terms and Conditions of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
BY USING THE FOUNDRY LANCASTER WEBSITE YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS OF USE.
The undersigned understands that upon the signing of this health club contract (hereinafter “agreement”),
he or she promises to pay The Foundry Lancaster, LLC (referred to herein as the “Foundry” or the “health
club”) the agreed upon amount per month as listed on the website for which he or she shall be considered a member to the health club on a month-to-month basis (from the date of the signing of this agreement), irrespective of the number of services the undersigned actually uses. The undersigned shall make monthly payments monthly on the same day of the month over the entire term of the contract. The undersigned acknowledges and agrees to follow any and all rules and regulations adopted and promulgated by The Foundry throughout the membership term. Furthermore, the undersigned understands that upon the signing of this agreement, he or she acknowledges and shall execute the RELEASE provided with this agreement. Should this agreement at any time be void or voidable by law or otherwise, the RELEASE shall remain in full force and effect. The original RELEASE or latest RELEASE executed by member shall remain in full force and effect through membership renewals. The Health Club does hereby agree to give the undersigned the right to use its facilities 24 hours a day seven days a week until the agreement expiration date. This agreement is not transferable. It is also agreed that Health Club reserves the exclusive right to reject this application at any time during the term of this agreement, and the revocation of any of the terms of this agreement by a court of law shall not serve to cancel the entire agreement nor the RELEASE, both of
which shall remain in full force and effect. The undersigned represents and warrants to Health Club that
he or she is physically fit and capable of being a member, and that any and all physical and medical
conditions that could affect the use of Health Club facilities have been disclosed.
The undersigned understands that the next payment is due on the same day of each month until or unless
you contact THE FOUNDRY to cancel.
You understand that your membership benefits are exclusive to you and are in no way transferable to
anyone else.
The undersigned agrees to allow you to cancel your membership at any time. Any cancellation notice can
be completed on THE FOUNDRY website or in person and if completed in-person, it must be done
during staffed business hours. (Staffed business hours are subject to change but are kept up-to-date and
available on THE FOUNDRY website.) You understand once you have cancelled your membership, you
will be responsible for the remainder of the month and that no membership pro-rating or refunds will be
paid. You will remain a member of THE FOUNDRY, with full access to my membership privileges for
remainder of the month after your cancellation.
THE FOUNDRY members may freeze or suspend their membership for a minimum term of 1 calendar
month, up to a maximum term of 3 calendar months without forfeiting their secured membership rate.
Any frozen or suspended memberships greater than the maximum allowed term are considered
cancellations and you are thereafter subject to current pricing if you wish to re-join THE FOUNDRY as a
member in the future. Notice to freeze or suspend membership must be given to THE FOUNDRY in
writing or in person, in accordance with THE FOUNDRY membership cancellation requirements.
Under this contract, no further payments shall be due to anyone, including any purchaser of any note
associated with or contained in this contract, in the event the Health club at which the contract is entered
into ceases operation and fails to offer a comparable alternate location within ten miles.
NOTICE OF CONSUMER RIGHTS — BUYER’S RIGHT TO CANCEL
You understand that THE FOUNDRY does not have a minimum membership term and that you may
cancel your membership at any time, following the cancellation procedures outlined above.
In some cases, you may also cancel this contract if you signed it before the health club facility was
completed, if the club moves or goes out of business, if you become permanently disabled or if you move
from the area. If you cancel, the health club may be entitled to a certain portion of the contract price. For
details, read your contract carefully. Enforcement of the Health Club Act is by the Attorney General of
the Commonwealth of Pennsylvania or the district attorney of the county in which the health club is
located. You may also bring a private cause of action. If your rights are violated, you may contact the
State Bureau of Consumer Protection or your local district attorney.
NOTICE: Any holder of this contract or note is subject to all claims and defenses which the debtor
could assert against the seller of goods or services obtained pursuant hereto or with the proceeds
hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.
WAIVER: The Undersigned acknowledges that The Foundry is available for use 24 hours a day/
seven days a week but will only be staffed during normal business hours from 6:00 a.m. to 7:00 p.m.
Monday through Friday and 8:00 a.m. to 12:00 p.m. Saturday or as may be updated on the website.
You acknowledge and understand that during non-staffed hours, there will not be a certified CPR
person on-site, however, you further acknowledge that, prior to using the Health Club, you were
provided with a tour of the facilities and instructions on where the safety equipment (including an
automated external defibrillator, a panic button, a 911 telephone and personal security devices) and
instructions for using the safety equipment are located.
You acknowledge receipt of The Foundry Lancaster Gym Rules and Regulations and agree to abide by
such rules and regulations. You understand that failure to follow such Rules and Regulations may result
in revocation of membership privileges and/or dismissal from the premises.
Until Health Club has provided the undersigned with a signed copy of this agreement, the undersigned
may cancel this agreement at any time. Original contract term ends one month after signing this
agreement. After the stated maturity date, this contract will continue for consecutive terms of one (1)
month unless and until the contract is terminated by the member.
Background. I, the undersigned, am entering into a Health Club Contract with The Foundry Lancaster,
LLC (“Health Club”), a Pennsylvania limited liability company referred to herein as “Health Club,”
pursuant to which I am being granted the right to use Health Club’s facilities. My use of any and all
facilities of Health Club and my access to, over, or through, my presence on, and my use of any real
property in connection with such use is referred to in this Release as “Activity.” Health Club and its
respective principals, managers, officers, members, employees, and agents are each referred to herein as a
“Releasee” and collectively referred to herein as the “Releasees.”
1. Assumption of Risk and Release of Liability. ON BEHALF OF MYSELF AND EACH OF
MY MINOR CHILDREN WHO ENGAGE IN ANY ACTIVITY, I AM EXPRESSLY AND
VOLUNTARILY ACCEPTING AND ASSUMING THE RISK OF, AND HEREBY
UNCONDITIONALLY RELEASE THE RELEASEES FROM, ANY AND ALL LOSS, COST,
LIABILITY, AND EXPENSE OF ANY NATURE WHATSOEVER IN ANY WAY RELATED TO
ANY PERSONAL INJURY OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, DEATH) OR
DAMAGE TO PROPERTY THAT I OR ANY OF MY CHILDREN MAY SUFFER THAT IN ANY
WAY ARISES FROM OR RELATES TO ANY ACTIVITY, REGARDLESS OF WHETHER SUCH
INJURY OR DAMAGE ARISES OUT OF INHERENT, FORESEEABLE, AND REASONABLY
EXPECTED RISKS OR NOT AND REGARDLESS OF ANY NEGLIGENCE ON THE PART OF ANY
OF THE RELEASEES.
2. Indemnity. I agree to indemnify and hold each Releasee harmless from and against any and all
loss, cost, liability, or expense of any nature whatsoever (including, but in no way limited to, attorney
fees), whether or not involving a third-party claim, incurred by any Releasee and in any way arising
directly or indirectly from or in connection with, in whole or in part, the: (a) involvement of myself or any
of my minor children in any Activity; or (b) my breach of or failure to honor this Release.
3. Name, image, likeness usage I understand Health Club may, at any time, take pictures and
videos or the like for promotional purposes and I give permission for the free use of my name, voice, or
pictures in any broadcast, telecast, advertising promotion or other account of the Health Club.
4. Additional Covenants. I further agree as follows: (a) The “Background” Section of this Release
and all definitions provided in that Section are incorporated into the body of the Release as if fully set
forth herein. (b) The provisions of this Release are severable, and if any provision is held invalid for any
reason, such provision will be adjusted or “blue penciled” to the extent necessary to cure the invalidity
and all other provisions in the Release will remain valid and enforceable. (c) I will not assign any
obligation under this Release to any third-party for any reason.
I, THE UNDERSIGNED, HAVE READ AND FULLY UNDERSTAND THIS RELEASE. I AM
SIGNING THIS RELEASE WILLINGLY, INTELLIGENTLY, AND VOLUNTARILY, AND
WITH THE INTENT THAT THIS RELEASE BE LEGALLY BINDING ON MYSELF AND MY
HEIRS, SUCCESSORS, ASSIGNS, AND LEGAL AND PERSONAL REPRESENTATIVES.
