Terms of Service

Newtown Fitness Club IS:

Newtown Fitness Club is a Virginia Limited Liability Company headquartered at 608 W Beverley Street, Staunton, VA 24401.

Newtown Fitness Club is a PAY PER HOUR, UNSUPERVISED fitness center in historic Staunton Virginia in which you PAY FOR ONLY THE TIME YOU USED during the billing cycle after the billing cycle is concluded. Newtown Fitness Club’s purpose is to stimulate and promote interest in health, wellness and general fitness within the neighborhood, and to promote and foster community and friendship. Newtown Fitness Club believes that individuals should only pay for what they use, and that the only way Newtown Fitness Club thrives is when it’s users utilize the facility. Newtown Fitness Club has various health equipment including but not limited to a treadmill, spin bike, weight set, power rack, bench press and various assorted other fitness equipment. Newtown Fitness Club is intended to be YOUR personal gym for the time slots that you book in the web application.

Newtown Fitness Club IS NOT:

Newtown Fitness Club is not a membership based health club. Users must agree to the Terms and Conditions herein, as well as the Code of Conduct in order to be invited to utilize the facilities. Newtown Fitness Club does not offer classes, training or coaching. Newtown Fitness Club will provide cheer-leading on social media to encourage you to keep fitness in your lifestyle. You are encouraged to seek outside personal training. If you wish to bring your personal trainer on-site you will need to inform Newtown Fitness Club so we can review your request.

Payment

Newtown Fitness Club approaches payment different than any other gym or fitness club. Instead of paying up front for services each month, paying an initiation fee or down payment, and being bound to a membership agreement we collect payment for only services already rendered.

Payments will be drafted from your debit or credit card based on the number of hour time slots used during the prior billing cycle. There is no initiation fee, joining fee, down payment, or monthly membership fee. You are only billed for the amount of time you schedule on the website at the end of the billing cycle, which will be the 15th of each month. At no point is payment accepted prior to facility services rendered.

Hour time slots are up for scheduling on https://newtown.fitness for any given hour time slot within the operating hours of Newtown Fitness Club. It is possible that the price per hour will be adjusted by Newtown Fitness Club as is seen fit to maintain operation of the facility. If multiple users wish to cost share time slots, the total amount due for the hour time slot will be the base rate for the given facility, broken into pro-rata share and billed to each participating user. As you can see, you benefit by working out with friends in this situation!

We understand that life happens. Sometimes you need to cancel your workout plans to deal with situations. You are allowed to cancel any time slot for any reason.

Concrete Payment Examples

As an example, lets say a user wants to book 3 hours a week at a facility that costs $5/hr from February 16th through March 14th 2020. The user simply denotes on the scheduling software the particular time slots which work best for the user. The user, if new to the site, will enter credit card or debit card payment information which will be used to draft payment. The user then utilizes the facility at the particular time slots scheduled. On March 15th 2020, the user will be charged $60 to their payment method on file as 3 hours a week times 4 weeks times $5 per hour equates to $60. As an example, lets say two users want to book 1 hour per week from February 16th through March 14th 2020. The users will both denote on the scheduling software the particular time slots which work best for them. The users jointly occupy and utilize the facility at those particular time slots scheduled. On March 15th 2020, both users will be charged $10 to their payment method on file as 1 hour a week times 4 weeks in a month times $5 per hour divided pro-rata equates to $10.

Termination

This is not a traditional membership, in that there is no membership. You are given access to the facility for only the time slots that you have scheduled on the site. In the event that the Code of Conduct is breached, you will be asked to leave the facility and your user account will be revoked on the website, thereby not allowing you to access the facility again.

Returned Payments

Should my Bank or Credit Card Company not honor any batched usage fee draft for any reason, I realize that I am responsible for that payment plus a $15 SERVICE CHARGE applied by Newtown Fitness Club and any service fee my Bank or Credit Card Company may make.

Authorization For Draft Payments

By accepting the Terms of Service, I have given authority to my Bank and/or Credit Card company to honor pre-authorized payments drawn by Newtown Fitness Club on my designated account for batched usage fee payments as indicated above. It is understood that Newtown Fitness Club sending of a pre-authorized payment to the Bank or Credit Card company as payment becomes due shall constitute valid notice of such payment due for batched usage fees. When the Bank or Credit Card company honors the payment by charging my account, such payment shall constitute my receipt. Should any pre-authorized payment not be honored by said Bank or Credit Card company when received by them, then it is understood that payment is to be made by me in the amount of said payment.

Code of Conduct

Interpretation of any policies will be at the discretion of the Newtown Fitness Club Management. Be Smart

Know yourself.

• All Newtown Fitness Club members and guests workout at their own risk! Accidents can happen while working out. There will be many times when the facility will be unmanned. If you want to lift heavy weights be sure to bring a guest to spot you. If you have a history of cardiac issues, maybe you should bring a guest to watch or workout with you.
• Food is not allowed in the gym.
• Personal belongings may not be left on the facility floor. Members are encouraged to use the cubbies in the back closet for storage of personal belongings only during their workout session.
• Dress Code
  • Wear proper fitness attire; shoes are required at all times.
  • Examples of prohibited attire include, but are not limited to, jeans, khakis, suits, button down shirts.
  • Only clean, non-marking, full-toed gym/athletic shoes are permitted in the facility.
  • Examples of prohibited shoes include, but are not limited to, cleats, sandals, stocking feet and/or hard soled shoes.
• Safe and proper use of equipment is required at all times.
• All plates, dumbbells, and accessories must be returned to the proper rack or weight tree after each use.
• Collars must be used on bars at all times.
• Slamming of weight stacks and/or dropping weights on the floor is not permitted in the facility, with the exception of using rubber bumper plates.

Be Courteous

Treat others as you would like to be treated!

• Act with Courtesy and professionalism at all times.
• Comply with requests and direction from Newtown Fitness Club staff, officials, instructors and facilitators who are acting in the performance of their duties.
• Comply with any rules and guidance set forth for the particular program, event or class
• Refrain from
  • Aggressive behavior in any form, including physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or conduct which threatens or endangers the health or safety of any person.
  • Rude or augmentative behavior with staff, officials, and instructors or other participants or visitors.
  • Disrupting or obstructing any program, event, class or time slot, including over-extending your defined time slot regardless if the next time slot is taken or not.
  • Lewd, obscene or indecent conduct or expression, including profanity, or offensive remarks.
  • Any action which constitutes an attempt to inflict, or the actual infliction of, or injury to anyone
  • Willful damage or destruction to the facility or property
  • Photography and video taping of participants or visitors without prior approval of participants being photographed or taped and without prior approval from club officials.
  • Unauthorized commercial activity – no person is allowed to post, advertise, instruct in private lessons or solicit individuals in the facility for personal services or for personal business that is not directly affiliated and/or approved through Newtown Fitness Club.

Be Clean

Clean up after yourself.

• Members are required to wipe down equipment BEFORE and AFTER use!
• Members are required to maintain a standard of personal hygiene a reasonable person would expect as normal.

Enforcement

The following actions may be taken for violations of the Code of Conduct:

• Violations of the code that do not constitute an immediate and apparent threat to the safety of others or their property will result in all or some of the following actions, including, but not limited to:
  • Verbal warning
  • A suspension of certain and/or all privileges for a specified period of time
  • A permanent suspension
• Violations of the code that are deemed to constitute an immediate or implied threat to the safety of others, or their property and/or the safety of the facility or facility property may result in the following actions, including, but not limited to:
  • A one to six month suspension
  • A six to twelve month suspension
  • A permanent suspension

The Newtown Fitness Club Management ultimately determine the final outcome for failure to comply with the Code of Conduct.