Terms and Conditions – Kula Fitness LLC, DBA Bodyshop Fitness and Wellness
Revised February 28, 2019
Please review the following Terms and Conditions carefully because they contain important information and establish an agreement between the Applicant, Student, Visitor, and/or Member (hereinafter Member) and Kula Fitness LLC, DBA Bodyshop Fitness and Wellness (hereinafter Bodyshop). The information pertains to your physical health, risks of injury to yourself or others, Waiver & Release of Liability, Indemnification and Hold Harmless Agreement, payment & cancellation terms, use of video and photographs, social media, communications, and other important information.
THESE TERMS AND CONDITIONS CONTAIN A WAIVER & RELEASE OF LIABILITY, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT IN SECTION 13, TO WHICH YOU WILL BE BOUND AND UNDER WHICH YOU WILL BE WAIVING IMPORTANT LEGAL RIGHTS. DO NOT ATTEND, PARTICIPATE OR OTHERWISE AGREE TO THE TERMS AND CONDITIONS BEFORE YOU READ IT.
By creating an account, using the website, web apps, equipment, facilities, purchasing classes or memberships, purchasing merchandise or products, booking/scheduling/reserving a class or event, and/or attending or participating in a class or event (hereinafter Studio Activities), you are accepting and agree to the Terms and Conditions.
As an Applicant, Student, Visitor, and/or Member, I understand and agree as follows:
- UPDATES TO TERMS AND CONDITIONS – Updates and Revisions to these Terms and Conditions may be made from time-to-time by updating this posting. Please check back and review the Terms and Conditions to ensure you understand the current agreement.
- ACCOUNTS – Members are required to setup an online account and register to make purchases and participate in Studio Activities. An account is used for purchasing Classes, Memberships, Products and Services, as well as scheduling/reserving classes. Accounts are setup, managed and ultimately protected by the Member, and are for the Member’s sole use. Accounts cannot be shared between Members. Member is responsible for any and all activity that occurs on the account and must keep their password secure. In the event of any breach of security or unauthorized use of Member account, contact Bodyshop immediately to assist in resolving the issue. Bodyshop cannot accept liability for losses caused by unauthorized use of Member’s account.
- Minors – Anyone under the age of 18 (Minor) must register and setup an Account in person at the studio with a parent or guardian present. Online registration through the website is prohibited. Please contact the studio for additional details. With an approved and signed waiver by a parent or legal guardian as confirmed by identification, an Account can be created for the Minor to sign up for classes and participate in Studio Activities, subject to these Terms & Conditions.
- CLASS PACKAGES – Class Packages, Drop-in Classes, New Client offers and discounted or sale rate packages have associated expiration dates. Expiration dates cannot be extended. All sales are final, and classes are not eligible for return or exchange.
- MEMBERSHIPS - Monthly membership fees will automatically be charged each month to the debit or credit card provided by the Member and is approved for processing transactions accordingly. Member agrees to keep their debit or credit card up to date in order to keep their membership active and receive membership benefits. Memberships that lapse or are cancelled will be considered non-active and the Member forfeits any discounted/grandfathered membership rates and other membership benefits.
- CLASS CANCELLATIONS - Class reservations must be cancelled at least 8 hours prior to the scheduled class in order to avoid fees or the loss of your class. Any class reservation cancelled less than 8 hours prior to the scheduled class will be considered a Late Cancel and failure to attend your scheduled class will be considered a No-show. Members with a New Client Special (Drop-in or Class Packages), Class Package, Drop-in Class and Monthly Memberships will lose a class for each No-show or Late Cancel. Members who have a Monthly Unlimited Membership, including New Client First Month Unlimited, will incur a fee of $10 for Late Cancels and $15 for No-shows.
- MEMBERSHIP CANCELLATIONS & FREEZES - Memberships can be cancelled or frozen with 2 weeks’ notice prior to the scheduled billing date by emailing firstname.lastname@example.org. Members can freeze their membership for up to 4 months each calendar year. Freezes and cancellations are based on a Members billing cycle. Bodyshop does not prorate months of membership. In the event a Member freezes their membership, the Member will not be charged the monthly membership fee for the months agreed upon and the Member will not receive any membership benefits during this time but will maintain the memberships current rate upon reinstatement. Membership fee will automatically resume and be charged when the freeze period is complete per the Member’s billing cycle.
- REFUNDS – All sales are final and non-refundable.
- COMMUNICATIONS – This agreement authorizes Bodyshop to communicate with Member by email, phone and text regarding membership, promotions, receipts and other communications.
- VIDEO, PHOTOGRAPH & SOCIAL MEDIA WAVER AND RELEASE OF CLAIMS – Bodyshop may take pictures, videos and use such media for marketing and social media posts. Member is providing non-revocable permission to capture their image and likeness in photographs, digital imagery, recordings, and other media (hereinafter Media). Member acknowledges that Bodyshop will own such media and grants permission to copyright, display, publish, distribute, use, modify, print and reprint the Media in any manner whatsoever related to Bodyshop’s business, including without limitation, publications, advertisements, brochures, web site images, social media postings, or other electronic displays and transmissions. Member further waives any right to inspect or approve the use of Media by Bodyshop prior to its use. Member waives any and all claims, including claims of invasion of privacy, and holds Bodyshop harmless from any and all liability arising out of the use of the Media in any manner.
- EQUIPMENT - It is always recommended to follow manufacturer’s instructions and use equipment only for its intended purpose. Every Member should be familiar with the equipment being used and the respective manufacturer’s recommendations. Product information and instruction are available upon request for any and all equipment.
- HEALTH – Bodyshop recommends each Member seek the advice of your physician before commencing in any exercise routine. It is each Member’s responsibility to consult with licensed physicians to determine their personal abilities and limitations as they may apply to participating in Studio Activities. Physical fitness requires physical exertion that may be strenuous and may cause injury. While Bodyshop and instructors may provide advice or guidance, by no means shall this alleviate or substitute for the Member’s responsibility for their own decisions regarding their abilities and limitations defined with their own physician. In the event of pregnancy, Member agrees to not participate in Studio Activities without prior consent from their physician. Bodyshop reserves the right to require written approval from your physician prior to participating in Studio Activities for any reason.
- WAIVER & RELEASE OF LIABILITY, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT - There are inherent risks and dangers in physical fitness and exercise activities, including the use of equipment or malfunction of equipment (Including, but not limited to, indoor bikes, free weights, kettlebells, ropes, bars, etc.). While precautions and instruction may be provided, all risks cannot be identified or addressed regardless of the precautions or care taken to avoid injuries. Injuries can vary from minor scrapes and bruises to more serious injuries such as paralysis, or death. By participating in Studio Activities or by being present, you agree, understand and accept full responsibility for any and all injuries or damages and agree to waive any claims arising from your use of Bodyshop’s facilities, premises or equipment. Further, you agree on behalf of yourself, heirs and assigns to indemnify and hold harmless Bodyshop, it’s employees, officers, directors, shareholders, assigns, agents, and/or contractors, who will not be liable for any injuries or damages, including personal injury, bodily or mental injury, economic loss, medical expenses, or any damages resulting from the negligence of Bodyshop, it’s employees, officers, directors, shareholders, assigns, agents, and/or contractors, other Members or use Bodyshop’s facilities and/or equipment. The waiver applies regardless of whether you are using equipment at the time of the injury or whether your injury occurs as a result of your presence upon the premises regardless of purpose or activity at the time of the injury causing incident. Member agrees and covenants to not sue or otherwise attempt to hold Bodyshop liable for any injuries regardless of the cause.
- ARBITRATION – All claims and disputes arising under or relating to this Terms and Conditions agreement, or related breach or termination, are to be settled by binding arbitration in the state of Minnesota, or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the rules then obtaining of the American Arbitration Association. Any decision or award as a result of arbitration proceedings shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in the matter of the claim and shall include written record of the arbitration hearing. An award of arbitration may be confirmed in a court of competent jurisdiction.
- SEVERABILITY – In the event any provision, section or part of this Agreement is found to be invalid, unenforceable or not conforming with Minnesota law, or governing body having jurisdiction, only that provision or part so found, and not the entire Agreement, will be inoperative.