waiver and release

By signing up for a Rowgatta class, you acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You further acknowledge that Rowgatta strongly recommends that you consult with your physician prior to commencing any classes. You acknowledge that you are fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to, abnormal blood pressure, fainting, heart attack or death. You assume all risk for your health and well being, and fully release and hold harmless for any responsibility, cost or damages. Rowgatta, Inc. d/b/a Rowgatta and all its wholly owned subsidiaries, its coaches, customers, members and employees. You acknowledge that your agreement to this release applies to each time you visit Rowgatta. You hereby acknowledge that you, and any minor under your care, have voluntarily chosen to participate. You assume all risk for your health and well being, and that of any minor under your care, and fully release Rowgatta, Inc. d/b/a Rowgatta and all its wholly owned subsidiaries from all liability.

By visiting a Rowgatta studio, you further authorize Rowgatta and its agents to record photographs or other portraits or likenesses of you on videotape, audiotape, film, photograph or any other medium and to use, reproduce, modify, distribute, and publicly exhibit such recordings, in whole or in part, without restrictions or limitation for marketing or any other purpose that Rowgatta deems appropriate.

Terms and Conditions

OVERVIEW
This website and the Rowgatta app (collectively, the “Sites”) are operated by Rowgatta, Inc., d/b/a Rowgatta. Throughout the Sites, the terms “we”, “us” and “our” refer to Rowgatta Inc. and its subsidiaries (collectively, “Rowgatta”). Rowgatta offers the Sites, including all information, tools and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Capitalized terms are defined herein.

By visiting the Sites, purchasing something from us and/or visiting our studio location(s) (whether to participate in a class or otherwise) you engage in our “Services” and agree to be bound by all applicable laws and the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Sites, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Sites or Services. By accessing or using any part of the Sites, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions herein, then you may not access the Sites or use any of our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. We reserve the right to refuse Services to anyone for any reason at any time.

You may not use our Sites or Services for any illegal or unauthorized purpose nor may you, in the use of the Sites or Services, violate any laws (including but not limited to copyright laws). A breach or violation of any of the Terms or Service will result in an immediate termination of your account and use of the Services.

Any new features or tools which are added to the Sites shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Sites or Services following the posting of any changes constitutes acceptance of those changes.

Our store is hosted with Mariana Tek. They provide us with the online e-commerce platform that allows us to sell our Services to you.

SECTION 1 – ACCOUNTS

You will have to create a personal account in order to access certain features on the Sites. In creating your account, you agree to provide accurate and complete information. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your account and password. You must notify us immediately of any breach of security or unauthorized use of your account. You agree never to use another person’s account without permission. 

You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites or Services, use of the Sites or Services, or access to the Sites or Services or any Rowgatta property or content, whether on the Sites or otherwise, without our express written consent.

Once you have created an account, you are officially a Rowgatta Athlete!

SECTION 2 – PERSONAL INFORMATION

Your submission of personal information through the Sites is governed by our Privacy Policy.

SECTION 3 – RESERVATIONS; CANCELLATIONS; REFUNDS

In order to make a reservation, you must first buy a class or package of classes through one of the Sites. In order to buy a class or package of classes you will first need to create a Rowgatta account or sign into your existing account. After buying classes, you will be able to book a spot in a specific class through the Sites.  

You must physically be at the studio and checked in at least 5 minutes prior to the start of class or your spot may be released to a waitlisted Athlete and you will not be eligible to receive a refund. 

In the event you want to change or cancel a class, you must do so at least 12 hours prior to the scheduled class time or your booking will be forfeited, and you will not be eligible to receive a refund. You may change or cancel a reservation on the Sites or by calling the studio directly. 

All classes and packages of classes are non-refundable. 

Food and beverage purchases are non-refundable. 

Unused merchandise will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued for up to 30 days. No returns without a receipt.

Classes and packages of classes expire. The expiration dates are posted in the class/package descriptions on the Sites. Future class and package prices are subject to change, but we will honor your class or package until the expiration date, regardless of whether there is a price increase in the interim. Class packages can be shared and guests can be assigned to class package reservations, subject to exceptions for certain promotions and discounts.

SECTION 4 – BILLING PRACTICES 

Your credit/debit card will be charged for your order when you buy your class or package of classes, not when you book your spot in class. We accept MasterCard, Visa, and American Express. We will not process payments that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, Services may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that we may incur in its efforts to collect any unpaid balances from you.

All introductory offers, promotions and discount codes are for one time use only per individual and cannot be combined, unless expressly states otherwise. We reserve the right to charge the full price in the event you use an introductory offer, promotion or discount code on a duplicate basis, subject to the cancellation and refund terms set forth herein. We reserve the right to immediately cancel all accounts linked to you in such circumstances.


SECTION 5 – PRIVATE EVENTS

Fees for private events are due and payable at the time of booking and are non-refundable. All attendees must agree to the Terms of Service prior to attending the event. Any third-party vendor that we may permit you to bring into our facilities as part of a private event must include Rowgatta as an additional insured to such party’s general liability insurance as a condition to the grant of such permission.

For more information about private events, please email info@rowgatta.com.

SECTION 6 – GIFT CARDS

Want to share the love? We offer gift cards! You can purchase a gift card for (1) a class or package of classes or (2) Rowgatta credit, which can be used to purchase classes, packages of classes, or merchandise. Gift cards never expire but once a class or package of classes is purchased using a gift card, it will be subject to the same terms as any other class or package of classes, including, without limitation, with respect to expiration. 

SECTION 7 – INTELLECTUAL PROPERTY

All content on the Sites, including, without limitation, trademarks, service marks, logos, icons, designs, images, graphics, photos, videos, music, text, interfaces, software and the like (“Intellectual Property”), is proprietary and owned by or licensed to us, subject to copyright and other intellectual property rights under the law. Intellectual Property may not be used by you for any reason other than as expressly permitted by the Terms of Service. You have the right to view, electronically copy, and print in hard copy portions of the Sites for the sole purpose of making class reservations, purchases, or other personal use. Any other use of Intellectual Property is strictly prohibited. You agree not to download, copy, reproduce, modify, distribute, transmit, broadcast, display, sell, license, or otherwise use any Intellectual Property without our prior written consent. You agree not to use Intellectual Property for commercial purposes, including, without limitation, displaying or linking to the Sites on another website.

You acknowledge that we and/or third-party content providers remain the owners of all Intellectual Property, and that you do not acquire any of those ownership rights by using any such Intellectual Property in accordance with these Terms and Conditions. We reserve the right to modify or remove any Intellectual Property, the Sites, or any portion thereof, or discontinue your right to use any Intellectual Property, the Sites, or any portion thereof, at any time. Any unauthorized use of the Sites or Intellectual Property may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

In participating in our classes, you may be photographed, videoed or otherwise recorded by us or third parties authorized by us. You hereby consent to the usage of your imagery for any purpose by us and/or such third parties, including, without limitation, advertising, marketing or promotional purposes, and agree that we and such third parties shall be the sole owners of all intellectual property and other proprietary rights therein, in each case, without any payment to you.

You acknowledge and agree that any information or content you submit to us, including, without limitation, any questions, comments, suggestions, ideas, feedback or other information about the Sites or Services, is non-confidential and shall become our sole property. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such information, without any payment to you.

We may, but have no obligation to, monitor, edit or remove content from the Sites or our social media accounts that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Terms of Service.

You are not authorized without our prior written permission to use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Sites or accessed through the Sites. You also may not engage in the mass downloading of files from the Sites, use the computer processing power of the Sites for purposes other than those permitted herein; flood the Sites with electronic traffic designed to slow or stop their operation; or establish links to or from other websites or apps to the Sites.

SECTION 8 – THIRD-PARTY LINKS

Certain information, content, products and services available via our Sites or Services may include materials from third-parties. Third-party links on the Sites may direct you to third-party websites that are not affiliated with us, even if such third-party sites may feature our name and/or logo. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Going to third party websites or apps from the Sites is at your own risk and we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or apps. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to such third-party.

SECTION 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The information provided on the Sites and any Services provided to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall Rowgatta, its subsidiaries and affiliates, and each of their respective partners, officers, directors, members, employees, interns, representatives, agents, contractors, licensors, service providers, subcontractors or suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Sites or any of the Services, or for any other claim related in any way to your use of the Sites or Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Sites or Services or any content (or product) posted, transmitted, or otherwise made available via the Sites or Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

By signing up for and/or attending classes, events, activities, and other programs and using our facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of our workout program, that some of these risks cannot be eliminated regardless of the care taken to avoid injuries, and that you have voluntarily chosen to participate in an intense physical exercise program. You agree to comply with all posted safety signs, rules, and verbal instructions given to you by our coaches and staff. You agree that we reserve the right, in our sole discretion, to determine that you would be at physical risk participating in a class and denying you access to our facilities.

We strongly recommend that you consult with a physician prior to participating in any of our workouts. By signing up for a class, you acknowledge that you have been fully informed of the strenuous nature of this exercise program and the possibility of injury including, but not limited to, scratches, bruises, sprains, fainting, eye injuries or loss of sight, joint or back injuries, head injuries or concussions, heart attacks, paralysis and death. By signing up for a class you represent that you have no medical or physical condition that would prevent you from participating in our classes and have not been instructed by a physician to not participate in strenuous physical exercise. By signing up for a class, you assume all risk for your health and well-being, and fully release, indemnify, and hold harmless Rowgatta, its subsidiaries and affiliates, and each of their respective partners, officers, directors, members, employees, interns, representatives, agents, contractors, licensors, service providers, subcontractors and suppliers, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law, including reasonable attorneys’ fees, arising out of or in any way related to your participation in our classes or use of our facilities. 

SECTION 10 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Rowgatta, its subsidiaries and affiliates, and each of their respective partners, officers, directors, members, employees, interns, representatives, agents, contractors, licensors, service providers, subcontractors and suppliers, from any responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 11 – PERSONAL PROPERTY; CONDUCT

You agree that we are not be liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, studio, or anywhere else in our facilities. You are encouraged not to bring valuables to our facilities and not to leave any personal items laying around unsupervised. 
You agree to be courteous to, and respectful of, our staff and your fellow Athletes and we reserve the right to deny access to our facilities to any person we determine to be acting in an inappropriate or unsafe manner.

SECTION 12 – MINORS

By agreeing to these Terms of Service, you represent that you are at least 18 years old. Minors between the ages of 13 and 18 may access the Sites only with the involvement of a parent or guardian. A parent or guardian must sign a waiver on behalf of a minor before the minor shall be permitted to participate in a class. A minor must be at least 13 years old to participate in a class. Use of the Sites or Services by anyone under the age of 13 is prohibited. 

SECTION 13 – MODIFICATIONS TO THE SERVICES AND PRICES

You acknowledge that we charge fees for the Services, and we reserve the right to change our prices and fees at any time, in our sole discretion and without providing notice. If we deny you access to our facilities because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of fees you have previously paid. We reserve the right at any time to modify or discontinue any Services without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Service.

SECTION 14 – PROHIBITED USES; TERMINATION

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Sites or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Sites or of any other website or app; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Sites or any other website or app. 

We reserve the right to terminate your access to the Sites or Services without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of these Terms of Service that by their nature should survive termination, shall survive termination, including, without limitation, intellectual property and ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – WAIVER; ENTIRE AGREEMENT

A failure or delay by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us herein or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Sites and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws.  

SECTION 18 – ARBITRATION 

You and Rowgatta agree that the sole and exclusive forum and remedy for any and all disputes or claims relating in any way to or arising out of the Sites, Services or these Terms of Service shall be final and binding arbitration in New York City, New York. Notwithstanding the foregoing, you and Rowgatta agree that to the extent that either of us has in any manner infringed upon or violated, or threatened to infringe upon or violate, the other’s intellectual property rights (including, without limitation, patent, copyright, trademark or trade secret rights) then arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. 

SECTION 19 – HEADINGS

The headings used in these Terms of Services are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 20 – SEVERABILITY

In the event any one or more of the provisions of the Terms of Service is for any reason held to be invalid, illegal or unenforceable, in whole or in part or in any respect, or in the event that any one or more of the provisions herein operate or would prospectively operate to invalidate the Terms of Service, then and in any such event, such provision(s) only will be deemed null and void and will not affect any other provision of the Terms of Service and the remaining provisions will remain operative and in full force and effect and will not be affected, prejudiced, or disturbed thereby.

SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@rowgatta.com.