PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY:
We know that not everyone is comfortable with legal jargon so we’ve tried our best to break this up into easily digestible sections that detail different aspects of our services. Essentially, what it says is that we do our best to provide you with a great service, governed by reasonable rules and expectations…
Please read these Terms & Service (“Agreement” or “Term of Service”) carefully before using www.body-politik.com (“the Site”) operated by ERC Fitness LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the site at www.body-politik.com.
This Terms of Service is an agreement between you and Body Politik (“us”, “we”, or “our”). This Terms of Service (collectively, the “Terms of Service” or “Agreement”) applies to your use of the website, www.body-politik.com (the “Site”), our mobile apps, and other services that we provide, including services provided at our studios (the “Services”).
By, as applicable, accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the mobile app(s), or contributing content or other materials to the Site or on or via the mobile app(s), you agree to be bound by the Terms of Service. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms of Service. Please read the Terms of Service carefully and save it. If you do not agree with it, you should leave the Site and/or mobile app and discontinue use of the Services immediately.
Changes to this Agreement
We reserve the right to modify the Terms of Service at any time, in our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or mobile apps, or other manner. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.
If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site, or discontinue any use of the Site immediately.
Accessing the Services and Account
To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.
By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Service. By using the Services, you represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or guardian has consented to the Terms of Service and your use of the Services.
From time to time, we may restrict access to some or all parts of the Services, including studio classes, the Site, and mobile apps.
In order to access some Services available on the Site and mobile app, you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.
You may use the Services only for lawful purposes and in accordance with the Terms of Service. You agree not to use the Services:
Additionally, you agree not to:
Some of the Services may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Body Politik via your mobile phone, (ii) the ability to receive and reply to Body Politik messages, (iii) the ability to browse Body Politik from your mobile phone and (in) the ability to access certain Body Politik features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for the Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, it any, may be applicable to your use of such Mobile Services.
Termination & Survival
We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any membership that you have purchased, at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local studio directly via phone or email. We may terminate your account or membership at any time, without warning, if you breach the Terms of Service. If we terminate your account or membership because you have breached the Terms of Service, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or class packages.
The following provisions will survive termination of this Agreement: (1) Termination; Survival; (2) Assignment; (3) Intellectual Property Rights; (4) Legal Disputes and Arbitration Agreement for Users in the United States and Canada; (5) Governing Law; (6) Indemnity; (7) Limitation of Liability.
Our Site and mobile apps may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or mobile apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
Information Collection and Use Sharing
We at Body Politik are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. This information includes names, postal addresses, phone numbers, email addresses, credit card information, etc. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
You acknowledge that Body Politik charges fees for its services, and subject to the applicable law and reserves the right to change its fees from time to time at its discretion.
The content on the Site and mobile apps, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Body Politik, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as-is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services provided by you to Company are non-confidential and shall become the sole property of Body Politik.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited, and without restriction, and Body Politik does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant Body Politik the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties.
Body Politik does not waive any rights to use similar or related feedback or ideas known to Body Politik developed by employees, or obtained from other sources.
Entire Agreement & No Waiver
No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.
Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.
Severability and Waiver
A failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.
We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. Body Politik is not responsible for any automatic filtering that you or your network provider may apply to such notifications.
In construing or interpreting the Terms of Service, headings are for convenience only, and not to be considered.
STUDIO POLICIES, RULES, AND REGULATIONS
All participants in our workouts must be at least 16 years old. If you are under this age, your must have permission from a parent or guardian and must receive approval from the studio to participate in our workouts.
All cancellations must be made within the cancellation window respective to their membership to avoid penalty.
All cancellations can be done through our website, mobile app by emailing [email protected] or calling the studio directly.
Cancellation windows are applied as followed:
Drop-Ins, Class Pack, 4 & 8 Class a Month Members:
MUST CANCEL CLASS 12 HOURS IN ADVANCE TO AVOID LATE CANCEL PENALTY. If you cancel/change your class within the 12 hour late cancel window, a class will be forfeited.
Monthly Unlimited Members:
MUST CANCEL CLASS 8 HOURS IN ADVANCE TO AVOID LATE CANCEL PENALTY. If you cancel/change your class within the 8 hour late cancel window, a $10 late cancel fee will be assessed.
All no-shows to class (does not show up to a reserved spot without notice) will be assessed a $20 fee. In addition, a class will be deducted from your account. Monthly Unlimited members will lose one day off their membership for the month.
RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES AFTER THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO SOMEONE ON THE WAITLIST.
Auto-Pay Membership Cancellations (4 & 8 Class/Month, Unlimited Monthly Members)
The initial term of this agreement is for two (2) months, or 60 days, following receipt of purchase and is ongoing as long as the membership remains active in your account. This membership type is auto-recurring and will renew automatically on the date of purchase thereafter every month.
By agreeing, you understand it is your responsibility to notify the studio, or [email protected], with written notice prior to 30 days of the renewal date to cancel your membership. You also understand that if payment has already been drafted on the renewal date, you will not be refunded the cost of the renewal and your membership will be canceled prior to the next renewal date.
If a class is full, you can choose to be added to our waitlist. If you get a spot, you’ll receive an email confirmation prior to 2 hours before the class start time. If you get a spot within 2 hours of the scheduled class, you could be responsible for the cancellation fee if you cannot make the class.
You will not be automatically enrolled from the waitlist within 2 hours of class time. In the event you are able to get a spot off of the waitlist under 2 hours prior to class, you will receive a call from someone from our studio to ask if you would like to enroll.
You must arrive 15 minutes before class starts so that we may introduce you to our studio, class method and machines. If you do not arrive with enough time for us to give you an introduction, you will not be permitted to take class. Even if you have taken a similar workout at another studio, this rule still applies. We strictly enforce this policy for your safety and to not disturb the on-time start of classes.
Be sure to let us know when you arrive as we need to check you into class.
If you are running late, please call the studio and let us know you are on the way. We can hold your spot 5 minutes after class begins, although we cannot guarantee it will be the same one you signed up for. As a courtesy to your instructor and your fellow classmates, if you arrive more than 5 minutes after class begins, you will not be allowed in class as it is disruptive.
Also, if we have a waitlist, your spot will be forfeited 5 minutes after class start time.
Studio Lockers & Personal Belongings
Lockers are provided at the studio and their use is strongly encouraged. Belongings should not be brought into the studio rooms as they can be damaged.
We encourage locking up your belongings! We cannot always control the flow of traffic in and out of our studio front door.
You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
We do not offer refunds for our services and classes and membership packages are non-refundable. No exceptions.
RELEASE AND INDEMNITY AGREEMENT
This RELEASE AND INDEMNITY AGREEMENT (“Release”) is made to release and indemnify ERC Fitess LLC dba Body Politik (shall be referred to hereafter as “Body Politik”), an Arizona limited liability company, and all of its respective members, employees, heirs, successors, agents, contractors and assigns (collectively the “Released Parties”).
The undersigned, on his/her own behalf or, if applicable, as the parent or guardian of a minor (the person engaged in the activities with Body Politik shall be referred to hereafter as the “Participant”), and on behalf of the undersigned’s heirs, successors, representatives and assigns (singularly and collectively the “Releasing Parties”), hereby grants the Released parties this full release and indemnification as consideration in exchange for permitting Participant to participate in this exercise program or any other activity associated with or through the Released Parties.
Participant is entering into this Release acknowledging that they are enrolling in a fitness, exercise or training program offered by Body Politik and that the program may involve strenuous physical activity and various fitness activities.
Participant also acknowledges that they have viewed or have had the opportunity to view the studio and instructors’ qualifications and having had the opportunity to ask questions regarding the services and risks associated with this exercise program. Participant further acknowledges that his/her participation in the activity is voluntary with full knowledge, understanding and appreciation of the risk inherent in any physical exercise and expressly assumes all risk of injury and even death, which could occur by reason of Participant’s participation.
The Participant affirms that they are in good physical condition and does not suffer from any known disability or condition which would prevent or limit their participation in this fitness, exercise or training program.
Despite all known and unknown risks, including but not limited to bodily injury (including death) and property loss or damage, the undersigned, on behalf of the Releasing Parties, hereby releases, waives, acquits and forever discharges any and all known or unknown claims, demands, causes of action, damages, losses, and expenses that the Releasing Parties may ever have or have had against the Released Parties arising out of Participant’s participation in any activity or exercise program offered by the Released Parties, including, but not limited to, any and all claims which alleged negligent acts and/or omissions committed by Released Parties or any third party.
By acknowledging this waiver, you agree that you should consult any medical practitioner prior to participating in any actives with Body Politik or using its facilities, especially if any of the following apply to you, having, or developing a serious health condition, including but not limited to stroke, lupus, hernia, numbness in the extremities, orthopedic condition, heart condition, asthma, breathing problems, faintness, dizziness, loss of balance, recent injury/surgery/concussion, or current pregnancy.
The Releasing Parties further agree to indemnify, defend and hold harmless, the Released Parties from any and all claims arising out of the Participant’s participation in any activity or exercise program offered by the Released Parties or in the use of any equipment at the studio or any other premises owned, leased or used by the Released Parties, without limitation, attorneys’ fees and expenses incurred by the Released Parties.
All personal property brought to the studio or any other location where the Participant is participating in any activity or exercise program offered by the Released Parties, is brought at the sole risk of the Participant as to its theft, damage, or loss. The Released Parties are not responsible for any items left at the Body Politik studio or any other premises owned, leased, or used by the Released Parties.
Participant hereby permits the Released Parties to use, without compensation or royalties, images or video of Participant as a program participant, including but not limited to its social media or web-based materials, broadcast and print advertising, and websites produced and published by the Released Parties. All such materials are deemed property of the Released Parties.
Participant expressly agrees that the terms of the release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of Arizona. Any provision of this Release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion and the remainder shall be enforced to the greatest extent possible. Furthermore, any dispute arising out of this agreement shall be subject to binding arbitration.
Participant agrees to maintain current credit card information on file and authorizes Body Politik to charge the credit card on file for the payment of services and fees. This credit card is kept on file and will remain in effect until the expiration of the credit card account.
We will not seek, use, or disseminate any information from unauthorized access, use, modification, or disclosure. These files are confidential and will only be used by the studio to better support your needs.
PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS READ, UNDERSTANDS AND VOLUNTARILY AGREES TO THE TERMS SET FORTH IN THIS RELEASE AND INDEMNITY AGREEMENT.
If you have any questions about the Terms of Service, at the Services, the Site, or mobile apps, please contact us at: [email protected].