Terms of Service
At DomeFit360, we are committed to providing a top-notch fitness experience for all our members. The Terms of Service below outline the essential policies, procedures, and membership information to ensure a smooth and enjoyable experience for everyone. Please take a moment to review the following guidelines, which cover everything from booking and payment to safety protocols and membership terms. By adhering to these policies, we can maintain a safe, clean, and welcoming environment for all participants.
Thank you for choosing DomeFit360. We look forward to supporting you on your fitness journey!
General Policies and Procedures
The following policies and procedures are established to govern the operations of DomeFit360, ensuring an efficient and satisfactory experience for all participants. Compliance with these provisions is mandatory for all clients.
Reservations and Payment Obligations
All bookings for classes and associated payments shall be finalized in advance exclusively through the designated online reservation system. Participation in any class is contingent upon receipt of a confirmed booking.Cancellation Provisions
To avoid incurring penalties, cancellations of bookings must be effectuated no later than ten (10) hours prior to the scheduled commencement of the class (hereinafter referred to as the "Cancellation Period"). Any cancellation initiated after the expiration of the Cancellation Period shall result in the forfeiture of the class reservation. Clients holding Unlimited Memberships shall incur an additional monetary penalty for any missed classes or cancellations made subsequent to the Cancellation Period.Modifications to Class Schedules and Notifications
DomeFit360 retains the unilateral right to amend class schedules or to substitute instructors without prior notification. While reasonable efforts will be made to communicate such modifications to clients via electronic mail or text message, clients are deemed to consent to receiving such communications unless they explicitly opt out of such notifications in writing.Waitlist Procedures
In the event a class reaches full capacity, clients may elect to be placed on a waitlist. Should a vacancy arise prior to the expiration of the Cancellation Period, clients on the waitlist will automatically be enrolled in the class and notified via electronic mail. It is the sole responsibility of the client to cancel their enrollment if they are unable to attend. After the Cancellation Period has elapsed, clients must manually secure a reservation if a vacancy subsequently becomes available.Refund Policy
All transactions are final, subject to limited exceptions expressly delineated within these provisions. Class reservations are non-transferable, non-exchangeable, and may not be shared among clients.Account and Payment Information
Clients holding active memberships are required to maintain a valid debit or credit card on file, in accordance with all applicable legal and regulatory requirements. Requests to utilize an alternative payment method must be directed to the studio manager for approval and processing.Payment Processing Fees
Payments tendered via credit card shall be subject to a processing fee of three percent (3%). Clients seeking to update their payment method to a debit card are required to contact their local studio for assistance.Liability for Bank Charges
DomeFit360 shall bear no responsibility or liability for any overdraft fees or other charges imposed by a client’s financial institution.Safety and Physical Adjustments
Certified instructors are authorized, at their discretion, to employ physical adjustments during classes to ensure proper technique and participant safety. Clients who prefer not to receive such adjustments must notify the instructor in advance of the class.Equipment Maintenance Responsibilities
Clients are obligated to sanitize and clean any equipment utilized during a class to preserve a hygienic and safe environment for all participants.Mandatory Use of Grip Socks
For both safety and sanitary reasons, grip socks are required in all DomeFit360 studios. Grip socks will be available for purchase at the studios.
Footwear Requirement
Clients must wear either ordinary sports shoes or cycling shoes that clip into the indoor bike pedals. The bikes can accommodate both types of shoes. For sanitary purposes, shoe rental will not be available at any DomeFit360 studios.
Surveillance Rights
For the purpose of ensuring the safety and security of all individuals, DomeFit360 reserves the right to implement video surveillance within the studio premises.Prohibition on Filming
The recording of video or other media during classes is strictly prohibited unless prior written authorization has been obtained from studio personnel.Restrictions on Unattended Children and Pets
Children and pets are not permitted within the studio premises unless accompanied and supervised by a responsible adult at all times.
Reservation and Membership Provisions
The following provisions outline the procedures for securing class reservations, managing waitlists, and administering membership accounts at DomeFit360.
Procedure for Securing Class Reservations
Participation in DomeFit360 classes requires clients to establish an online account and secure a reservation for the desired class. A confirmed reservation is a prerequisite for attendance.Waitlist Management
In instances where a class is fully booked, clients may opt to join the waitlist. Should a vacancy occur prior to the expiration of the Cancellation Period, clients will be automatically enrolled in the class and notified via electronic mail. By electing to join the waitlist, clients acknowledge their readiness to attend if a vacancy arises. Clients who are no longer able to attend must remove themselves from the waitlist or cancel their reservation no later than ten (10) hours prior to the scheduled class start time. Failure to attend a class after being enrolled from the waitlist without prior cancellation shall be deemed a late cancellation, resulting in forfeiture of the class or the imposition of a fee (applicable exclusively to Unlimited Membership holders). If a client is not enrolled in the class, the reservation shall be credited back to the client’s account for future use.Cancellation and Modification of Reservations
Due to limited class availability, reservations may be canceled or modified up to ten (10) hours prior to the scheduled class time. Cancellations shall result in a credit to the client’s account, with no monetary refunds issued. Reservations canceled within the Cancellation Period or unattended classes shall be forfeited. Unlimited Membership holders who fail to cancel within the Cancellation Period or fail to attend a class shall incur a late cancellation fee of forty dollars ($40).
Membership Terms and Conditions
The following terms govern the conditions of membership, including billing, termination, and adjustments to membership levels.
Recurring Billing and Termination Provisions
Premium Membership Agreements
Premium Memberships, which provide access to four (4), eight (8), twelve (12), or an unlimited number of classes per month, are subject to monthly billing and require an initial commitment period of either six (6) or twelve (12) months, as determined by the selected membership type. Upon completion of the initial commitment period, the membership shall automatically convert to a month-to-month subscription at the then-current rate.Early Termination Penalties: Premium Memberships may not be terminated prior to the expiration of the commitment period without incurring a penalty, except as otherwise mandated by applicable consumer protection statutes. Requests for early termination must be submitted in writing no fewer than thirty (30) days prior to the next billing cycle. Early termination fees are as follows:
For a six (6)-month commitment: One (1) month’s membership fee.
For a twelve (12)-month commitment:
During the first six (6) months: Two (2) months’ membership fees.
During the final six (6) months: One (1) month’s membership fee.
Cancellation Procedures: To initiate termination, the membership must remain active. Termination requests must be submitted via electronic mail to info@domefitstudios.com, with the subject line “Membership Cancellation.”
Adjustments to Membership Levels: Requests to upgrade or downgrade a membership level shall result in the establishment of a new commitment period. Such requests must be submitted via electronic mail to info@domefitstudios.com, with the subject line “Membership Upgrade/Downgrade.”
Basic Membership Agreements
Basic Memberships, which provide access to four (4), eight (8), twelve (12), or an unlimited number of classes per month, are subject to monthly billing and automatic renewal without a minimum commitment period.Cancellation Procedures: Basic Memberships may be terminated at any time by submitting a cancellation request no fewer than thirty (30) days prior to the next billing cycle. Cancellation requests must be submitted via electronic mail to info@domefitstudios.com, with the subject line “Membership Cancellation.”
Consequences of Failure to Cancel: In the absence of a timely cancellation request, the membership shall automatically renew for an additional billing cycle.
Class Pack Agreements
Class Packs provide a predetermined number of classes to be utilized within a specified time frame.Expiration of Classes: Classes included in a Class Pack must be redeemed prior to the designated expiration date, with no carryover of unused classes to subsequent periods.
Non-Refundable Nature: Unused classes remaining after the expiration date shall not be eligible for a refund.
Renewal Requirements: To continue utilizing classes, clients must purchase a new Class Pack prior to the expiration of the current pack.
Adjustments to Pricing
Membership fees, other than those applicable to Premium Memberships, are subject to modification. Any such changes shall be communicated to members in advance of implementation.
Membership Pause Policy
Members may request a pause in their membership for a maximum duration of two (2) weeks per calendar year. Such requests must be submitted via electronic mail to info@domefitstudios.com no fewer than thirty (30) days prior to the desired pause commencement date.
Membership Class Utilization and Booking Guidelines
Expiration of Class Allocations
Classes allocated under four (4)-, eight (8)-, or twelve (12)-class memberships must be utilized within the corresponding thirty (30)-day billing cycle, with any unused classes expiring at the conclusion of such period. Classes purchased via Class Packs shall similarly expire on the designated date, with no redemption permitted thereafter.Unlimited Membership Booking Restrictions
Members holding Unlimited Memberships are permitted to reserve no more than one (1) class per day in advance.
Consumer Cancellation Rights (New York-Specific Provisions)
Statutory Right to Cancel
Pursuant to applicable New York law, clients possess the right to cancel their purchase of DomeFit360 classes, including class packs and memberships (inclusive of auto-renewing agreements), within three (3) business days of the initial purchase date. Cancellation may be effectuated without penalty or further obligation by providing written notice of cancellation, duly signed, and transmitted via certified or registered mail to the following address:
DomeFit360 LLC
228 Park Ave S #786150
New York, NY 10003
Refunds shall be issued within fifteen (15) business days of receipt of the cancellation notice.Additional Grounds for Cancellation Without Penalty
Cancellation without penalty may also be permitted under the following circumstances:Medical Incapacity: In the event a client is unable to utilize services due to a significant physical disability, as substantiated by a physician’s directive, for a period exceeding six (6) months;
Decease of the Client: Upon the death of the client, the estate shall be relieved of further contractual obligations;
Relocation: If the client relocates their primary residence more than twenty-five (25) miles from any DomeFit360 facility; or
Cessation of Services: If DomeFit360 discontinues the services specified in the agreement.
In such instances, all payments tendered shall be refunded within fifteen (15) days of receipt of a cancellation notice, subject to DomeFit360’s right to retain amounts corresponding to services already rendered or expenses incurred. Any financing agreements or negotiable instruments executed in connection with the services shall be canceled, and such instruments shall be returned within fifteen (15) days.
Arbitration Agreement and Class Action Waiver
The following provisions govern the resolution of disputes arising in connection with DomeFit360 services. For the purposes of these arbitration provisions only, the term “client” shall be referred to as “you” to address you directly regarding disputes. All notices that this Agreement requires to be provided to DomeFit360 should be sent to: info@domefitstudios.com
1. Disputes Subject to Arbitration
This arbitration pledge governs all conflicts between clients and DomeFit360. A “Dispute” refers to any disagreement, assertion, or legal issue (excluding the exceptions outlined below) between you and DomeFit360, whether grounded in contract, tort, statute, fraud, misrepresentation, or any other legal principle, where either party seeks judicial remedy, and which originates from or pertains to your participation in or attempt to engage with DomeFit360’s training sessions, online portal, or mobile interface—spanning past, present, or future occurrences. This also encompasses challenges to the legitimacy, applicability, or extent of this arbitration pledge or any segment of it.
Exclusions from this arbitration obligation include: (i) individual matters eligible for resolution in small-claims courts; (ii) legal proceedings initiated by a governmental body as permitted by law; (iii) efforts to affirm or enforce a previous arbitration outcome; (iv) your or our option to pursue injunctive relief in a court to stabilize conditions during an active arbitration; (v) debates over the stipulation that arbitration must occur individually rather than collectively; and (vi) designated judicial responsibilities detailed in the following terms.
2. Informal Resolution Efforts
Should a Dispute arise between you and DomeFit360, or vice versa, we will strive to address it informally before escalating to arbitration, aiming to expedite resolution and minimize costs for both sides. Both you and we will make a sincere attempt to negotiate a solution for at least 30 days (“Informal Resolution”) starting from the date one party receives a written notice of the Dispute (“Notice of Dispute”) from the other, as outlined in these Terms.
You must submit any Notice of Dispute to DomeFit360 at the address listed above, marked ATTENTION: NOTICE OF DISPUTE. We will deliver any Notice of Dispute to your registered email and any physical address you have shared with us. The notice must include the sender’s name, contact details, a description of the Dispute (including relevant account identifiers), and the desired resolution. This notice requirement enables us (or you, if we initiate the Dispute) to propose a fair, evidence-based settlement if desired. Neither party may advance to arbitration without this information. If arbitration proceeds without a proper Notice of Dispute, a court will determine its adequacy, potentially halting an arbitration filing and requiring the non-compliant party to cover incurred arbitration expenses.
We encourage you to pursue Informal Resolution first, which is mandatory before arbitration, though not required before small-claims court action.
3. Small Claims Court Option
You and DomeFit360 agree that Disputes suitable for small-claims court, whether in your county of residence or elsewhere in the United States, may be pursued as individual cases in those courts only. To the maximum extent permitted by law, both parties waive the right to a jury trial in such small-claims settings.
4. Binding Individual Arbitration
ALL ARBITRATION UNDER THIS SECTION WILL PROCEED ON AN INDIVIDUAL BASIS ONLY. DomeFit360 does not agree to resolve Disputes through class action procedures, even if the arbitration provider allows them.
You and DomeFit360 commit to settling Disputes through binding individual arbitration administered by JAMS, Inc. (“JAMS”), www.jamsadr.com, under the United States Federal Arbitration Act (FAA) and applicable federal arbitration laws, following the JAMS Streamlined Arbitration Rules and Procedures in effect when the Dispute emerges (the “JAMS Rules”), as adjusted by this Agreement.
5. “Arbitration” signifies that Disputes will be adjudicated by a neutral arbitrator rather than a court judge or jury.
“Individual” means the arbitrator can award remedies to you or DomeFit360 as a court might, but solely for your or our personal claims, and to the fullest extent allowed by law, the arbitrator cannot grant relief benefiting others.
“Binding” indicates that the arbitrator’s decision is final for both parties, except where appeals are permitted under the FAA. As limited by the FAA, this Agreement, and relevant arbitration rules, the arbitrator holds exclusive authority over procedural and substantive decisions regarding any Dispute, including remedies typically available in court, such as determining arbitrability or issuing temporary, interim, or permanent injunctive relief to support an individual claim. The arbitrator’s ruling may be enforced by any court with jurisdiction.
6. Arbitration Process and Venue
Either you or DomeFit360 may commence arbitration for unresolved Disputes by submitting a Claim Request to JAMS per the JAMS Rules. Instructions are available at the JAMS website or by contacting JAMS at 1-800-352-5267. You must send your Claim Request to DomeFit360 at the address provided above. We will forward any Claim Request to your registered email and any address you have given us.
The arbitration will be overseen by a single arbitrator, conducted in English, with the arbitrator adhering to this Agreement. For Disputes where the claimant seeks under $10,000, the arbitrator will rule based on written submissions unless a hearing is deemed necessary. For claims of $10,000 or more, or smaller cases requiring a hearing, proceedings will occur via video or phone unless an in-person session is required. If an in-person hearing is needed and you reside in the United States, it will be held in New York City unless it poses a hardship, in which case it may occur in your state and county of residence. For those outside the U.S., the location will follow JAMS guidelines.
The arbitrator (not a judge or jury) will decide the Dispute, providing a written decision for each claim, detailing key facts, legal findings, and conclusions, unless mutually agreed otherwise. The arbitrator may dismiss claims wholly or partially and, to the extent permitted by law, award individual remedies only. Any arbitration outcome applies solely to that case and cannot serve as precedent, except to enforce the award itself. All arbitration proceedings, including the award and compliance, remain confidential unless law requires disclosure, with both parties agreeing to uphold this privacy.
A court of competent jurisdiction may confirm or enforce the arbitrator’s award.
7. Arbitration Cost Sharing
If you initiate arbitration against DomeFit360, you will cover the initial filing fee for consumer cases. If DomeFit360 starts arbitration against you, we will handle all filing costs, including your typical share.
Arbitration expenses exclude your attorney fees if you opt for legal representation, which you will pay unless law dictates otherwise. This provision does not prevent the arbitrator from awarding attorney fees to the prevailing party if permitted by law and JAMS Rules.
8. Notice and Filing Deadlines
To the fullest extent allowed by applicable law, you or DomeFit360 must begin arbitration within two (2) years from the Dispute’s onset. If law mandates a shorter deadline, that period applies. Failing to start arbitration within these time frames bars the Dispute, meaning, to the extent permitted by law, neither party may pursue it.
9. Coordinated Filing Protocol
If 25 or more Disputes are filed with the arbitrator raising similar issues, with shared or coordinated counsel, these will be deemed “Coordinated Claims,” managed by the arbitration provider accordingly, including adjusted fee structures for mass filings. Statutes of limitations will pause for claimants once compliant Notice of Disputes are submitted, but Claim Requests for Coordinated Claims will only proceed via the outlined bellwether process.
After Notice of Disputes are received, counsel for claimants and DomeFit360 will collaborate in good faith to determine the number of bellwether cases for testing arguments, ensuring an even split for selection. If no agreement is reached, the arbitration provider will decide, considering factors like dispute complexity or legal variations. Once the number is set, each side selects half from compliant notice providers, and only those claims advance. You acknowledge that if your claim is part of Coordinated Claims, resolution may be delayed by this process.
Each bellwether case will have a single arbitrator unless otherwise agreed, with one case per arbitrator. Post-bellwether trials, parties must engage in a single mediation, splitting the cost equally, with a mediator agreed upon within 30 days or appointed by the provider if needed, scheduled promptly. If mediation fails, the arbitration requirement lifts for unresolved Coordinated Claimants, allowing court filings in New York City courts (or U.S. District Court for the Southern District of New York if federal jurisdiction applies), with your consent to this venue. Removal to federal court is permitted if allowed by law, and you waive objections to joining similar claimants if represented by coordinated counsel, though we may challenge class certification. A court can enforce this process and block non-compliant filings or demands.
10. Class Action Waiver
To the greatest extent permitted by law, for any Dispute not subject to arbitration (except as noted for Coordinated Claims), you and DomeFit360 will pursue claims individually, refraining from joining or participating in class actions, collective arbitrations, representative suits (including private attorney general actions), or consolidating proceedings without mutual consent. This class action waiver holds even if a court deems a Dispute outside mandatory arbitration, to the fullest extent allowed by law.
Intellectual Property Rights
The following provisions govern the ownership and permitted use of DomeFit360’s intellectual property.
All trademarks, trade dress, and other proprietary indicia of DomeFit360 are exclusively owned by DomeFit360 and may not be utilized by clients for any purpose other than as expressly authorized under these terms. All content displayed on the website, including but not limited to designs, text, graphics, interfaces, and the selection, compilation, and arrangement thereof, as well as all software, is the sole property of DomeFit360 or its licensors.
Clients are granted a limited, non-exclusive, revocable license to access, electronically copy, and print portions of the website solely for the purpose of effectuating class reservations, purchases, or other personal uses. Any other use of website materials, including modification, distribution, or reproduction, is strictly prohibited absent prior written authorization from DomeFit360.
Clients acknowledge that DomeFit360 and/or its third-party content providers retain exclusive ownership of all website materials, and no ownership rights are conferred upon clients through their use of such materials. DomeFit360 reserves the right to terminate, suspend, or remove access to the website, in whole or in part, at its sole discretion and without prior notice.
Use of Image and Likeness
By engaging in services provided by DomeFit360, clients grant to DomeFit360 a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to utilize their voice, image, likeness, and performance as captured in any audio, visual, or audiovisual recordings (collectively, “Content”) generated during participation in activities hosted or sponsored by DomeFit360.
This license encompasses, without limitation, the rights to: (a) reproduce, modify, create derivative works from, and otherwise exploit the Content or derivative works in any manner, medium, or format, whether currently known or hereafter developed, including but not limited to text, data, images, videos, audio, and other media formats; and (b) publicly display, publicly perform, sell, distribute, transmit, or broadcast the Content by any means.
Clients waive any right to inspect or approve the use or reproduction of their Content, and DomeFit360 retains the right to modify or alter such Content without client approval. This license extends to all languages, media, formats, and markets, whether currently known or hereafter developed.
Warranty Disclaimer and Limitation of Liability
The following provisions delineate the limitations of warranties and liabilities associated with DomeFit360’s services and products.
DomeFit360 shall not be liable under any circumstances for direct, indirect, special, or consequential damages arising from clients’ interaction with the DomeFit360 website, mobile application, linked third-party platforms, purchase of classes, cancellation or modification of class bookings, registration for sessions, acquisition of merchandise, communications with DomeFit360 staff, or participation in DomeFit360 studio activities. This includes, but is not limited to, losses such as diminished profits, business disruptions, data loss on clients’ systems, or claims previously waived by clients under this agreement, regardless of whether DomeFit360 was informed of the potential for such damages.
All information, services, products, and experiences provided by DomeFit360 are offered on an “as is” basis only. Clients assume full responsibility for the quality and performance of these offerings. If any service, product, or experience is found to be defective after purchase, clients are solely responsible for any associated costs. DomeFit360 makes no representations or warranties, whether express or implied, including warranties of fitness for a specific purpose, merchantability, or non-infringement, to the fullest extent permitted by applicable law.
Acceptance of Terms
By accessing the website, purchasing DomeFit360 classes, attending classes, or purchasing merchandise, clients signify their acceptance of these Terms of Service. DomeFit360 reserves the right to amend or update these terms at its sole discretion by posting revised terms on the website. Clients agree to be bound by any such revisions upon their posting.
Clients are encouraged to periodically review these terms. In the event of material changes, DomeFit360 will endeavor to notify clients via electronic mail or by posting a notice on the website. Continued use of DomeFit360’s services following the implementation of any changes constitutes acceptance of such changes.
Contact Information
For inquiries or concerns regarding these Terms of Service, clients may contact DomeFit360 at info@domefitstudios.com.