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Terms & Conditions, Waiver, and Privacy Policy

HOT PHIIT

MEMBER AGREEMENT, ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND PRIVACY POLICY

Effective Date: November 4, 2026

1. Acceptance of Terms

By accessing or using the Hot Phiit website or booking platform, creating an account, enrolling in, registering for, or purchasing a class, class package or membership, checking in to, or otherwise participating in any class, program, workshop, private session, or other service offered under the Hot Phiit name (each, a “Program”), or by using the Hot Phiit website or booking platform, you (“Member,” “Participant,” “you,” or “your”) agree to be legally bound by this Member Agreement, Assumption of Risk, Waiver and Release of Liability, and Privacy Policy, as may be amended from time to time (collectively, these “Terms”). If you do not agree to every part of these Terms, do not access or use the Hot Phiit website or booking platform and do not participate in any Program.

2. Definitions

“Hot Phiit” means Infra-HIIT, LLC, Jes Lambiase Fitness LLC, Hot Phiit NY 1, LLC, INFRA-HIIT CONNECTICUT I, LLC, and any other entities, whether currently named or to be formed in the future, that operate Hot Phiit studios and programs, together with each of their respective owners, members, managers, officers, directors, employees, independent contractors, instructors, agents, representatives, sponsors, successors, and affiliates. 

“Premises” means any studio, building, parking area, or other location at which Hot Phiit offers or conducts a Program, and includes the owner, operator, and property manager of that location (each, a “Landlord”).

“Programs” means all classes, workshops, challenges, private or semi-private sessions, and other instruction or activity offered by Hot Phiit, including sessions conducted in a room heated to approximately 98°F (the “Heated Room”).

“Claims” means, collectively, any and all claims, demands, liabilities, and causes of action, whether based in contract, tort (including negligence), statute, or any other legal theory, and any related damages (including direct, incidental, consequential, or punitive damages), losses, costs, and expenses (including reasonable attorneys’ fees), whether known or unknown, foreseen or unforeseen.

3. Assumption of Risk

Your use of the Premises and participation in the Programs is at your own risk. Hot Phiit Programs involve strenuous physical exercise, much of it performed in a heated room maintained at approximately 98°F. In addition to the ordinary risks of exercise, exercising in a heated, high-humidity environment carries additional risks such as, but not limited to, dehydration, heat exhaustion, stroke, dizziness, fainting, and cardiac events, plus ordinary risks like strains, sprains, fractures, and falls.

In addition to the heat-specific risks mentioned above, you understand and acknowledge that participation in Hot Phiit Programs, whether in the Heated Room or otherwise, carries the ordinary risks of vigorous physical activity. You understand these risks may result from your own actions or inactions, the actions or inactions of other participants, the condition of the Premises or equipment, or the negligence of Hot Phiit, and that some risks cannot be eliminated regardless of the care taken.

You knowingly and voluntarily assume all such risks, known and unknown, foreseen and unforeseen, and understand that you are freely choosing to participate despite those risks.

4. Health and Medical Representations

Hot Phiit does not perform medical evaluations or determine whether you are medically fit to participate in any Program. You understand it is your sole responsibility to consult a physician before beginning, and regarding your continued participation in, any Program, particularly if you are pregnant, elderly, or have any heart, lung, kidney, blood pressure, joint, orthopedic, or other medical condition, or if you are uncertain about your physical fitness for strenuous exercise in a heated environment.

You represent and warrant that you are physically fit and have no medical condition, impairment, disease, or infirmity that would prevent your safe and full participation in the Programs, or, if you have such a condition, that you have obtained the clearance of a physician to participate. You agree to promptly notify Hot Phiit in writing if this representation changes at any time.

You agree to inform your instructor, before class begins, of any injury, medical condition, or pregnancy that may affect your participation. You agree to immediately stop exercising, leave the Heated Room if necessary, and notify a Hot Phiit staff member if at any time you feel dizzy, faint, nauseated, short of breath, or otherwise unwell. You understand that Hot Phiit instructors are fitness professionals, not physicians, and that nothing said or demonstrated during a Program is medical advice.

You will follow all instructions given to you by Hot Phiit and its instructors regarding when, where, and how to perform — or not perform — any exercise. You understand that any deviation by you from those instructions is at your own risk.

5. Waiver and Release

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN EXCHANGE FOR BEING ALLOWED TO PARTICIPATE IN PROGRAMS AND TO USE THE PREMISES, YOU (ACTING FOR YOURSELF AND FOR ALL OF YOUR HEIRS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS) DO FULLY AND FOREVER RELEASE, HOLD HARMLESS, PROMISE NOT TO SUE, AND DISCHARGE HOT PHIIT AND ANY LANDLORD FROM ANY AND ALL CLAIMS FOR PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE THAT YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PRESENCE ON THE PREMISES OR YOUR PARTICIPATION IN A PROGRAM; PROVIDED THAT THE FOREGOING RELEASE AND WAIVER SHALL NOT APPLY TO ANY CLAIM ARISING OUT OF OR RELATED TO THE NEGLIGENCE OF HOT PHIIT OR ANY LANDLORD TO THE EXTENT SUCH DISCLAIMER IS PROHIBITED BY LAW. THIS RELEASE IS INTENDED TO BE A GENERAL AND COMPLETE RELEASE OF ALL SUCH CLAIMS, TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE STATE IN WHICH THE APPLICABLE PREMISES IS LOCATED, EVEN IF HOT PHIIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.

Equipment and Facilities Provided “As Is.” Hot Phiit provides the Premises and all studio equipment (including mats, weights, blocks, straps, and other equipment) on an “as is” and “as available” basis. To the fullest extent permitted by law, Hot Phiit disclaims all warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose. You are responsible for visually inspecting any equipment before use, will not use equipment that appears damaged or defective, and will promptly report any such equipment to Hot Phiit staff.

You understand that you are responsible for your own conduct during a Program, including any injury or damage that you cause to another participant, an instructor, or Hot Phiit’s property, and that Hot Phiit is not responsible for the acts or omissions of other participants.

6. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Hot Phiit from and against any Claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of (a) any guest you bring onto the Premises, (b) your breach of these Terms or of any studio rule, (c) any injury or damage you cause to another participant, instructor, or to Hot Phiit’s property, or (d) your willful or negligent act or omission.

7. Minors

Minors age 16 and above are permitted to participate in Hot Phiit Programs, provided that a parent or legal guardian signs a parental consent form prior to the minor’s participation. The parental consent form must be completed and signed by the parent or legal guardian before the minor may check in to or participate in any Program.

By signing the parental consent form, the parent or guardian:

  • Represents that the minor for whom they are signing on their behalf is at least 16 years old;
  • Represents that they have the legal authority to provide such consent;
  • Personally agrees to all terms of this Member Agreement, including the Assumption of Risk, Waiver and Release of Liability, and Indemnification provisions;
  • Agrees to remain reachable at the contact information provided during any Program in which the minor participates; and
  • Acknowledges that they have read and understand the risks associated with participation in Hot Phiit Programs, particularly in heated environments, and accept full responsibility for those risks on the minor’s behalf.

Minors under the age of 16 are not permitted to participate in Hot Phiit Programs under any circumstances.

8. Photography, Video, and Testimonials

Hot Phiit may photograph, film, or otherwise record classes and studio events for marketing and promotional purposes. By participating, you grant Hot Phiit an irrevocable, worldwide, royalty-free right to use, reproduce, edit, and distribute your image, likeness, and voice captured in such photographs, video, or recordings, in any medium, including Hot Phiit’s website and social media, without compensation to you, and you waive any claim for invasion of privacy, right of publicity, or defamation arising from Hot Phiit’s use of such material consistent with this Section. 

You may opt out of future photography or recording by notifying Hot Phiit staff in writing before a class or event; your opt-out does not affect any material recorded before Hot Phiit receives your notice.

9. Code of Conduct and Studio Rules

To keep the studio safe and comfortable for everyone, you agree to:

  • Arrive with enough time to check in before class begins. Late arrivals may be denied entry.
  • Bring water and a towel, and hydrate before, during, and after class.
  • Wear athletic attire appropriate for a heated environment and avoid excessive perfume or scented products.
  • Not attend class while experiencing a fever, vomiting, diarrhea, or a contagious illness, or within 24 hours of any of the foregoing.
  • Notify your instructor of any injury, condition, or concern before class starts.
  • Treat instructors and other participants with respect, and not photograph or record other members without their consent.
  • Follow all posted studio rules and any instructions given by Hot Phiit staff.

Hot Phiit may refuse admission or entry, or remove any person from the Premises, for safety, health, or conduct reasons, or for failure to comply with these Terms or studio rules.

10. Personal Property

Hot Phiit is not responsible for personal property that is lost, stolen, or damaged while on the Premises, including property left in cubbies, lockers, or unattended areas. You are encouraged not to bring valuables to the studio.

11. Membership, Class Packages, and Payment

Hot Phiit offers a variety of class and membership options, and class prices and membership options may change at any time. Except as required by applicable law, class packages are non-refundable and expiration dates will not be extended once purchased. If you have a recurring (autopay) membership, you authorize Hot Phiit to charge your payment method on file on a recurring basis until you provide 14 days notice of cancellation.

12. Class Cancellations, Late Cancels, and No-Shows

You agree to cancel a class reservation at least 12 hours before its start time through the Hot Phiit booking platform. Late cancellations or no-shows result in forfeiture of the class credit or penalty fees as posted by Hot Phiit.

13. Hot Phiit’s Rights

Hot Phiit reserves the right, at its discretion, to modify the class schedule, substitute instructors, temporarily close a studio for maintenance, weather, or other operational reasons, and to update these Terms prospectively. Hot Phiit may update these Terms, in whole or in part, from time to time at our discretion, by posting the revised Terms at the studio or on the Hot Phiit website. Unless otherwise stated, changes will become effective upon posting. Your continued use of the Site or participation in any Program after the updated Terms are posted constitutes your acceptance of the revised Terms.

14. Limitation of Liability

TO THE EXTENT ANY LIABILITY IS NOT RELEASED UNDER SECTION 5, HOT PHIIT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, AND HOT PHIIT’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO A PROGRAM WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO HOT PHIIT FOR THE SPECIFIC CLASS OR SESSION DURING WHICH THE CLAIM AROSE, OR (B) $500.

15. Dispute Resolution; Arbitration; Class Action Waiver

Please read the following Dispute Resolution and Arbitration; Class Action Waiver provision carefully.  Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.  All disputes between you and Hot Phiit shall be resolved by binding arbitration. By accepting these Terms, you are waiving your right to a jury trial. Before starting an arbitration, you and Hot Phiit will first try, in good faith, to resolve any dispute informally through at least 30 days of written negotiation. Any dispute not resolved informally — other than a small-claims matter — will then be resolved by final, binding arbitration on an individual basis, administered by the American Arbitration Association (“AAA”) and governed by the Commercial Arbitration Rules of the AAA, rather than in court. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hot Phiit agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. Hot Phiit will pay any arbitration filing and administrative fees required under the provider’s consumer rules.

16. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any matter not subject to arbitration under Section 15 will be brought exclusively in the state or federal courts located in New York, New York.

17. Force Majeure

Hot Phiit is not liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disaster, fire, extreme weather, pandemic or public health emergency, government order, utility failure, or labor dispute.

18. CONSUMERS RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT IN NEW YORK WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE DATE YOU ACCEPT THESE TERMS. Notice of cancellation shall be in writing subscribed by the buyer and mailed by United States mail or electronic mail to Hot Phiit at: INFRA-HIIT LLC, PO BOX 141, DARIEN, CT 06820 or hello@hotphiit.com. 

Notice of cancellation shall be in writing subscribed by Hot Phiit and mailed by United States mail or electronic mail to Hot Phiit at the address or e-mail address specified above. Such notice shall be accompanied by the contract forms, membership cards and any other documents or evidence of membership previously delivered to you. All moneys paid pursuant to such contract shall be refunded within ten business days of receipt of such notice of cancellation. If you have executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by you shall also be returned within ten business days.

ADDITIONAL RIGHTS TO CANCELLATION: You may also cancel this contract for any of the following reasons: 

  • If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of three months.
  • If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing.
  • If you move your residence more than twenty-five miles from any health club operated by seller.
  • If the services cease to be offered as stated in the contract.

 

19. General Provisions

Severability. You and Hot Phiit expressly intend that all provisions of these Terms be enforced to the fullest extent permitted by applicable law. If any term or provision of these Terms is invalid, illegal, or unenforceable as written, you and Hot Phiit intend for any court or arbitrator construing these Terms to modify or limit such provision temporally, spatially, or otherwise so as to render it valid and enforceable to the fullest extent permitted by applicable law. Any such provision that is not susceptible of such reformation shall be ignored such that the invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms.

Survival. The Assumption of Risk (Section 3), Waiver and Release (Section 5), Indemnification (Section 6), and Sections 20 and 21 survive the termination or expiration of your membership, class package, or these Terms, however that termination occurs.

Entire Agreement. These Terms constitute the entire agreement between you and Hot Phiit regarding their subject matter and supersede any prior oral or written agreements.

No Waiver. Hot Phiit’s failure to enforce any provision of these Terms is not a waiver of its right to do so later.

Assignment. Hot Phiit may assign these Terms in connection with a sale or transfer of its business. You may not assign these Terms or your membership with Hot Phiit.

Electronic Acceptance. Clicking “I agree,” checking a box, creating an account, or booking a class constitutes your electronic acceptance of these Terms, which is binding to the same extent as a handwritten signature.

20. Medical Emergencies; Consent to Treatment; Insurance

You authorize Hot Phiit staff to contact emergency medical services and arrange transport if you appear to need emergency care during a Program, and you are solely responsible for the cost of any medical treatment, ambulance transport, or emergency care you receive. Hot Phiit staff are not medical professionals unless independently licensed, and any aid given is not a substitute for professional care.

You represent that you carry health insurance adequate to cover any injury you may sustain in a Program, or that you are voluntarily self-insured for that risk, and that you have not relied on any statement about the risks or benefits of a Program that is not contained in these Terms.

21. Additional Protections

Waiver of Subrogation. You waive, and will cause your insurer to waive, any right of subrogation against Hot Phiit for any Claim released under Section 5.

Time to Bring a Claim. Any claim against Hot Phiit not released under Section 5 must be brought within one (1) year of the incident, to the extent permitted by law, or it is barred.

Condition Precedent — Prompt Reporting. You must report any injury or incident to Hot Phiit staff in writing within 24 hours to assert any claim not released under Section 5.

Communicable Disease. Programs involve close contact and shared use of a heated, humid indoor space, which carries a risk of exposure to communicable illness. You assume this risk.

Hot Phiit’s Right to Terminate. Hot Phiit may suspend or terminate your membership at its discretion, with or without cause, without refund. 

Third-Party Beneficiaries. Hot Phiit’s owners, employees, independent contractors, and instructors are intended third-party beneficiaries of these releases and may enforce them directly.

22. Acknowledgment and Acceptance of Terms

BY ACCESSING OR USING THE HOT PHIIT WEBSITE OR BOOKING PLATFORM, CREATING AN ACCOUNT, PURCHASING A CLASS OR CLASS PACKAGE, OR CHECKING IN TO OR PARTICIPATING IN A PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ENTIRE DOCUMENT AND THAT IT INCLUDES AN ASSUMPTION OF RISK, A WAIVER AND RELEASE OF LIABILITY, AN INDEMNIFICATION OBLIGATION, AND AN ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. YOU UNDERSTAND THAT BY ACCEPTING THESE TERMS YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE HOT PHIIT AND THE RIGHT TO A JURY TRIAL, AND YOU ACCEPT THESE TERMS FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT.

I certify that I am 18 years of age or older, or that I am the parent or legal guardian of the Participant, who is at least 16 years of age, registering or booking on the Participant’s behalf, and that I have read and agree to these Terms for myself and, if applicable, on behalf of the Participant.

PRIVACY POLICY

Protecting your personal information is a priority for Hot Phiit. This Privacy Policy explains how Infra-HIIT, LLC, Jes Lambiase Fitness LLC, Hot Phiit NY 1, LLC, INFRA-HIIT CONNECTICUT I, LLC, and any other entities, whether currently named or to be formed in the future, that operate Hot Phiit studios and programs (together, “Hot Phiit,” “we,” “us,” or “our”) collect, use, share, and protect information in connection with hotphiit.com (the “Site”) and our in-studio services. By using the Site or our services, you agree to the practices described in this Privacy Policy. Please take a moment and read our policy before using and/or submitting information on our Site.

1. Information We Collect

  • Identifying information you provide, such as your first and last name, mailing address, email address, and phone number.
  • Payment information, such as billing address and payment card details, collected and processed through our third-party payment processor. Hot Phiit does not store full payment card numbers on its own systems.
  • Booking and account information, such as class reservations, attendance history, and purchase history.
  • Health information you voluntarily provide in an intake or waiver form, used only to support your safety during Programs and not sold or used for marketing.
  • Demographic information, such as age range or gender, which you may choose to provide.
  • Technical information collected automatically when you use the Site, such as IP address, browser and device type, and cookie data.

 

2. How We Use Your Information

  • To operate and deliver the products and services you request, including booking and managing class reservations.
  • To process payments and manage your account.
  • To communicate with you about schedule changes, studio updates, and, where you have not opted out, promotional offers.
  • To respond to your questions and customer service requests.
  • To support the health and safety of participants during Programs.
  • To improve our Site and services, and to comply with applicable legal obligations.

By providing your phone number, you consent to receive transactional messages relating to your account, reservations, schedule changes, and other studio operations. Marketing communications will be provided in accordance with applicable law and subject to available opt-out rights.

3. Cookies and Similar Technologies

The Site may use cookies and similar technologies to remember your preferences, understand how visitors use the Site, and support booking functionality. You can control cookies through your browser settings; disabling cookies may limit some Site features.

4. How We Share Information

We do not sell your personal information. We may share information with service providers who help us operate our business — such as but not limited to payment processors and scheduling software — under obligations to protect it, and as required by law, to protect our rights, or in connection with a business transfer such as a merger or sale.

5. Data Security

We use reasonable administrative, technical, and physical safeguards designed to protect your information. No method of storage or transmission is completely secure, and we cannot guarantee absolute security from third parties illegally obtaining this information.

6. Data Retention

We retain personal information for as long as reasonably necessary to provide our services, comply with legal obligations, resolve disputes, and enforce our agreements.

7. Your Privacy Rights

We comply with applicable privacy and data protection laws in the jurisdictions where we operate. Depending on your location, you may have certain rights regarding your personal information.

If you believe you have privacy rights under your applicable state or local laws (such as the right to access, correct, or delete your information), please contact us at hello@hotphiit.com and we will address your request in accordance with applicable law.

8. Children’s Privacy

The Site is not directed at children under 13, and we do not knowingly collect personal information from children under 13 through the Site. A minor at least 16 years of age may participate in Programs only where a parent or legal guardian completes registration on the minor’s behalf, as described in these Terms.

9. Changes to This Policy

We may update this Privacy Policy from time to time. Material changes will be posted on the Site with a new effective date.

10. Contact Us

Questions about this Privacy Policy can be directed to: hello@hotphiit.com or INFRA-HIIT, LLC, PO Box 141, Darien, CT 06820.