All customers and visitors to www.sweatpgh.com are subject to KMW Fitness, L.L.C. Terms and Conditions, Assumption of Risk, Liability Waiver and Release. By using this website, you agree to the Terms of Service set forth below. If you do not agree to these terms, please do not use the SWEAT PGH website.

Assumption of Risk, Liability Waiver and Release

By registering for SWEAT PGH and/or participating in SWEAT PGH classes, events, activities and using the exercise equipment and facilities provided by SWEAT PGH, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that KMW Fitness, LLC and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company. I am aware that by participating in barre classes, indoor cycling classes, and yoga classes I am subject to a range of injuries, varying from one activity to another, that include, but are not limited to (1) minor injuries such as abrasions, contusions, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. I agree to comply with all stated and customary rules and regulations, posted safety warnings and verbal instructions given to me by SWEAT PGH staff. SWEAT PGH staff is authorized to subjectively withdraw my participation in SWEAT PGH classes, and access to SWEAT PGH facilities if I am thought to be in any physical risk, until a physical letter from a doctor addressing specific SWEAT PGH’s specific concerns and permitting participation, is furnished to SWEAT PGH staff. By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge Beatbike, LLC, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities. By signing this agreement, I confirm that I have no medical or physical condition that would prevent me from properly using any of SWEAT PGH’s Classes and Facilities, do not have a physical or mental condition that could put me in any physical or medical danger, and have not been instructed by a physician to refrain from physical exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in participating in SWEAT PGH’s Classes, Events and Facilities, and should not partake in such activities.

Personal Training Waiver & Release

In consideration of being allowed to participate in the personal fitness training activities and programs of KMW Fitness LLC and to the use of it’s facilities, equipment, and services in addition to the payment of any fee or charge, I do hereby forever waive, release, and discharge KMW Fitness LLC and their officers, agents, employees, representatives, executors, and all others acting on their behalf from any and all claims or liabilities for injuries or damages to my person and/or property, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected to the use of any equipment at various sites, including home, provided by and/or recommended by KMW Fitness LLC and their officers, agents, employees, representatives, executors. I have been informed, understand, and am aware that strength, flexibility, and aerobic exercises, including the use of equipment, are potentially hazardous activities. I also have been informed, understand, and am aware that fitness activities involve a risk of injury, including a remote risk of death or serious disability, and that I am voluntarily participating in these activities and using equipment and machinery with the full knowledge, understanding, and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death. I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation or use of equipment or machinery. I do hereby acknowledge that I have been informed of the need for a physician’s approval for my participation in the exercise activities, programs, and use of exercise equipment. I also acknowledge that it has been recommended that I have yearly or more frequent physical examinations and consultations with my physician as to physical activity, exercise, and use of exercise equipment. I acknowledge that I have either had a physical examination and have been given my physician’s permission to participate, or that I have decided to participate in the exercise activities, programs, and use of equipment without the approval of my physician and do hereby assume all responsibility for my participation in said activities, programs and use of equipment. I understand that KMW Fitness LLC’s provision and maintenance of an exercise/fitness program for me does not constitute an acknowledgement, representation, or indication of my physiological well being, or medical opinion relating to thereto.

Accounts

In order to purchase and reserve SWEAT PGH classes, you must create an online account. When creating an account, all information submitted must be accurate and complete. Riders are never authorized to use another person’s account, and are personally liable for all account activity.

Passwords

Riders are solely responsible for the security of their online account. Passwords should be secure and not shared. SWEAT PGH is not liable for any losses caused by unauthorized use of accounts, and customers could be help responsible for any SWEAT PGH or other losses due to negligence and/or unauthorized use.

Purchases/Charges

SWEAT PGH accepts Visa, MasterCard, AMEX, and cash. Purchases can be made online or in-store. Your credit/debit card will be charged for your order when you submit your reservation. All packages are non-refundable and non-transferable.

Reservations

In order to make a class reservation, you must first register at www.sweatpgh.com and purchase a class package. You may also purchase class packages with an in-store SWEAT PGH representative. Pricing and package options are subject to change. Class schedules are released weekly on Sunday at 6:00PM. Reservations can be made one week in advance, up until 30 minutes prior to scheduled class time.

Cancellations

Reservations may be canceled without penalty 6 hours before the scheduled class. Upon cancellation within this time frame, your ride credit will be returned to your account. Reservations not canceled 6 hours prior, will be charged to the member. Reservations can be canceled online by signing into your account at www.sweatpgh.com, or by canceling over the phone with a SWEAT PGH staff member. NOTE: ALL BIKES WILL BE RELEASED 5 MINUTES PRIOR TO THE START OF CLASS. If you arrive after the 5-minute deadline, you are NOT guaranteed your reserved spot. If there are open bikes, late riders are given a 5-minute grace period after class starts to be escorted into the studio to an open spot. Riders arriving after this 5-minute grace period are subject to the cancellation policy.

Walk-In's

All bikes are released for walk-ins 5-minutes prior to scheduled class time. Please see the front desk to be assigned an open bike.

Wait List

Riders are offered admittance from the waitlist on a first come, first serve basis, notified through e-mail.

Package Expiration

The packages expire 3 months from purchase and are non-transferrable and non-refundable. The new client buy 2 get 1 expires after 1 month.

MEMBERSHIP

Memberships cannot be shared or transferred, and any attempt to share or transfer a Membership will result in cancellation of the Membership, at SWEAT PGH’s sole discretion, without a refund. If a Member requests a Membership downgrade, the change will take effect on the billing date following the Member's request. Membership dues will not be prorated or refunded based on the date of the Membership downgrade request. If a Member requests a Membership upgrade, the Member will have immediate access to their upgraded membership. The Member will be charged a prorated amount for the remainder of the monthly billing cycle, and the Membership upgrade will be reflected in the Member's next billing date. Some Membership changes, such as change to the membership type, will cause the commitment period to restart.

MEMBERSHIP CANCELLATION

Members may cancel their Memberships, after the required commitment has been met, by providing written notice to info@sweatpgh.com or by notifying us through the "Contact Us" form on the SWEAT PGH Website. After providing such notice, Member will be charged one additional time, with the Membership terminating thirty (30) days after the final payment date. Members who wish to cancel their Membership should notify SWEAT PGH before the billing date that corresponds to their final month of Membership to avoid paying unwanted dues. Membership dues will not be prorated based on the date of cancellation. Membership dues are non-refundable.

FREEZE POLICY

If a Member is medically unable to attend classes, a Member may request a freeze of Membership ("Medical Freeze") for up to nine (9) months. In such case, a Member must provide a doctor's note at the time of such request. SWEAT PGH reserves the right to verify the note with the doctor. Members must notify SWEAT PGH upon returning from the Medical Freeze by emailing info@sweatpgh.com. After the Medical Freeze, SWEAT PGH will resume charging, and Members are obligated to pay, the Member's monthly dues until any commitment period has expired. Medical Freeze requests should be made in person at SWEAT PGH or by email to info@sweatpgh.com. Any non-medical freeze request should also be made in person at SWEAT PGH, or by sending an email to info@sweatpgh.com. SWEAT PGH reserves the right to adjust the Membership freeze policy from time to time. Freezing membership for any period of time does not relieve the Member from any minimum monthly membership commitment, as may be required for certain types of memberships.

PAYMENTS

UNLESS OTHERWISE STATED BY SWEAT PGH IN WRITING, MEMBERSHIP CHARGES WILL BEGIN AT THE TIME OF PURCHASE AND RECUR MONTHLY UNTIL CANCELLED BY THE MEMBER IN ACCORDANCE WITH OUR CANCELLATION POLICY. MEMBERSHIPS BEGIN AT THE TIME OF PURCHASE (AND NOT AT THE TIME OF MEMBER'S FIRST CLASS). THE MONTHLY DUES WILL BE CHARGED AUTOMATICALLY ON THE FIRST OF EVERY MONTH. Billing dates cannot be moved to a different day of the month. If payment does not process successfully, the Membership will automatically become inactive until payment is made. Any lost time that results from payment processing failures will not be reimbursed or credited. Cancelling a Membership before the end of the commitment period does not relieve Member of payment through the commitment period. SWEAT PGH reserves the right to increase its Membership dues from time to time, and will provide Members written notice in advance of any increase and the opportunity to cancel their Membership once the increase is instated. Members who choose to continue their Membership will be charged the increased dues in the next billing cycle after the increase has been implemented. Please note that the advanced written notice and opportunity to cancel does not apply to Memberships that have automatic rate increases as described at the time of purchase.

SWEAT PGH GIFT CARDS

SWEAT PGH gift cards are available for purchase on the SWEAT PGH website and in the studio and are redeemable online only and not for purchases of retail items. Gift cards are non-refundable and the entire gift card must be redeemed by a single Account. Gift cards do not expire, however, once they are redeemed for Credits, the Credits expire based on the expiration date described in the details provided at the time of purchase. Gift cards are not redeemable for cash except where required by law.

Minors

Minors between the ages of 14 -17, who meet the minimum height requirement of 4' 11"(for a cycle class) are required to register in-person at SWEAT PGH with a parent or legal guardian. Only after the minor has been authorized by a parent or legal guardian via signed release waiver, may the minor use our website to reserve classes. Accounts created by minors without a signed waiver on file will be terminated, and class packages will be forfeited. Clients under the age of 14 are not permitted to attend classes at SWEAT PGH.

Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, KMW Fitness, LLC: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or KMW Fitness, LLC’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised KMW Fitness, LLC of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. KMW Fitness, LLC does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. KMW Fitness, LLC will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to KMW Fitness, LLC’s services and the full content of this website. KMW Fitness, LLC’s title and logo is a registered trademark of KMW Fitness, LLC in United States. The brand names and specific services of KMW Fitness, LLC featured on this web site are trademarked.

KMW Fitness, LLC D/B/A Sweat PGH is an independent entity and is not affiliated with, sponsored by, or connected in any way with any other entity having Sweat appearing in its name. You agree and acknowledge that you understand that KMW Fitness, LLC D/B/A Sweat is an independent entity and that you are not confused do not believe that it is affiliated with, sponsored by or connected with any other entity and your sole reason for you doing business with KMW Fitness, LLC D/B/A Sweat PGH is the independent services that KMW Fitness, LLC D/B/A Sweat offers.