MEMBERSHIP AGREEMENT
This Membership Agreement (the “Agreement”) is between You, the client, and Elevate Training, LLC (“Elevate Training”).
ELEVATE TRAINING POLICIES
Classes must be cancelled at least 5-hours prior to the start of the class time, 3-hours for unlimited members. If You do not cancel or reschedule before the cancellation window closes the following charges apply: Unlimited members / Introductory 2-week clients will be charged a $20 late cancel / no-show fee. All others will simply lose a class from their package or membership.
New clients must arrive at least 10-minutes early to their first class or You will be asked to reschedule your class.
There is a 5-minute grace period for late arrivals, unless a client is on the waitlist or waiting stand-by, at which point your spot will be given away.
Grip socks are mandatory and available for sale at the Studio.
You may ‘freeze’ your membership once per year, for a minimum of 7-days and maximum of 3-months. All freeze requests must be made at least 5-business days prior to the date of requested freeze, and are subject to a $25 administrative fee.
I. PURCHASING INFORMATION:
1.1 PURCHASING, PAYMENTS: All classes are reserved and paid for in advance through Elevate Training online booking system. All sales are final. Classes are not eligible for transfer, exchange, or refund. All fees and charges (including any taxes and late fees, as applicable) will be charged to a valid and up-to-date debit or credit card on file, as further described below. As some services require auto-billing for continued monthly access, You agree to maintain valid credit card information as part of your Account information when applicable.
1.2 PACKAGE EXPIRATION: Class packages refer to any purchase of a predetermined allotment of classes to be redeemed at Elevate Training in a given time frame. All session credit and packages expire, as described on the Website, from the date of purchase, unless noted otherwise in the description at the time of purchase. There are no extensions, refunds, or freezes for purchases or expired sessions. Remaining credits at the expiration of the package will be forfeited and will not roll-over or be converted into Elevate Training credit.
1.3 PACKAGE POLICIES: By purchasing a package of classes with Elevate Training You agree that: (1) Packages are not shared or transferable between individuals; (2) expiring packages may not be extended, transferred, refunded, shared, or frozen; and (3) Elevate Training will not adjust or extend packages due to accidental bookings or the acts or omissions of clients. The expiration date set on an expiring package is the date on which the sessions in the package may no longer be used.
1.4 FIRST TIME CLIENTS: Each individual may take advantage of a Elevate Training First Time “Offer” once, and the Offer must be redeemed at their first or second visit only. Individuals may not create multiple accounts to take advantage of the Offer numerous times; those found in violation of the Offer” will immediately lose access to the purchase with no refund, and may be prevented from attending classes at the studio in the future.
1.5 REFUND POLICY: It is Elevate Training’ intention for You to be happy with your participation in the services. Due to the extensive time, effort, preparation, and care that goes into creating and/ providing the services, all sales are final, and no refunds will be provided.
1.6 PAYMENT PROCESSOR: Payments are processed by the third-party payment processor, integrated by the Website host, Walla. You may be required to store a valid and up-to-date debit or credit card on file within your Account for: (1) incidental charges such as late-cancel fees, (2) ease of transaction, (3) for enrollment in the Membership which does require a credit card on file to enroll, and/or 4) recurring payments for Memberships on a payment plan. In such an event that an incidental charge needs to be made the cardholder and account holder gives permission to Elevate Training to charge the card on file.
1.7 ACCOUNT: Upon your first purchase You will be prompted to create an account (the “Account”) with Elevate Training via third-party hosting platform Walla. Your Account is protected via password and where You will purchase and book classes and securely store credit card information.
II. MEMBERSHIP
2.1 MEMBERSHIPS: Elevate Training offers various “Membership(s)” which refers to a renewing monthly commitment to a certain number of classes or unlimited access. Memberships are billed monthly and automatically renew monthly on the same date of Membership purchase. Membership will continue to renew each month until canceled by You. Failure to timeline cancel will result in an auto-renewal. All Membership pricing is subject to increase upon 30-days written notice.
2.1.1 Additional Classes: Those with unlimited Membership are allowed one (1) reservation per day. If You have any Membership and would like to take additional classes, You may purchase classes at a discounted rate.
2.1.2 Rolling 10-pack: The “Rolling 10-Pack” refers to renewing commitment of ten (10) classes, which automatically refills and is autobilled only after the ten (10) class credits run out. The Rolling 10-pack receives the same perks as a Membership in discounted pricing and studio perks. You must renew the Rolling 10-Pack at least twice (for a total of 30-classes purchased) prior to it being eligible for cancellation. As the Rolling 10-pack is considered a recurring purchase, it must be cancelled, by You, in your Account, prior to the next “refill.”
2.2 AUTO DEBIT: By purchasing a Membership, You expressly agree that Elevate Training is authorized to, on a recurring basis on the same of the day of each month of the membership, automatically charge the debit or credit card account You specified in your Account, subject to communicated increases, for the auto-debit plan You enrolled in. You understand and acknowledge that (1) Elevate Training will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. Elevate Training may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. Elevate Training cannot be held responsible for errors in processing due to expired or inaccurate information; and (3) Elevate Training is not responsible for any bank overdraft fees that may occur.
2.3 MEMBERSHIP CANCELLATION: Membership will continue to renew each month until cancelled by You in your Account. When You cancel prior to the next billing date, You still maintain access to the Membership through the end of your billing cycle. If You do not cancel prior to your billing date You will be automatically billed, with no refund, for the subsequent month and continue to have access until your next billing date, at which point your Membership will be considered cancelled and You will not be billed further.
2.3.1 Early Membership Termination: All recurring Memberships and the Rolling 10-Pack require at least 3 billing cycles before they are eligible to be cancelled. Unlimited Memberships require an initial 3-month commitment upon initial enrollment. You may cancel your Membership, per the terms of this Agreement prior at any point; however, Memberships canceled before your initial 3-month commitment is complete are subject to an additional $100 early cancellation fee. The Rolling 10-pack must be renewed twice, for a total of 30-classes purchased over time, before it is eligible to be cancelled.
2.4 MEMBERSHIP FREEZE/PAUSE: You may ‘freeze’ your membership once per year, for a minimum of 7-days and maximum of 3-months. All freeze requests must be made via writing in email at least 5-business days prior to the date of requested freeze. Emails shall be directed to Connect@ElevateTraining.com and must include: (1) date membership is to be frozen; and (2) date to unfreeze Membership, so long as it is at least 7-days from the freeze date. A $25 administrative fee will be assessed in relation to all freezes. You understand that your Membership will automatically be unfrozen, and You will be charged on the date provided. If You request to extend the length of your freeze, it is within Elevate Training’s sole discretion to allow for the extension.
2.5 CALIFORNIA HEALTH CLUB DISCLOSURES: This Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of Elevate Training’s services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability); and (2) the member moves further than twenty-five (25) miles from Elevate Training. The member shall provide proof of new residence.
You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the fifth business day of the health studio after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to Rebekah Burns at 900 Bayfront Court, Suite 107, San Diego, CA 92101 OR Connect@ElevateTraining.com
III. RESERVATIONS AND CANCELLATION POLICIES
3.1 CANCELLATIONS, RESCHEDULING, LATE-CANCEL POLICY: Classes must be cancelled at least 5-hours prior to the start of the class time, 3-hours for those with an unlimited membership. Cancellations and reschedules may be done online only via (1) your Account, or (2) the confirmation email sent at the time of booking. There are no refunds on cancelled classes; your Account will be credited back.
If You do not cancel or reschedule before the cancellation window closes the following charges apply: Unlimited members / Introductory 2-week clients will be charged a $20 late cancel / no-show fee. All others will simply lose a class from their package or membership.
Cancellations via texting, Facebook messenger, Instagram, and other social media platforms are not valid forms of cancellation, and You will be charged if the booked session or class is not properly canceled outside the cancellation window.
In the event of an emergency on their part, Elevate Training reserves the right to move your session/class to another mutually agreeable time, or to cancel it outright. In this rare instance that Elevate Training must do so, You will not be charged for the changed session/class, and You session will be promptly rescheduled.
3.2 LATE ARRIVALS: You are expected to arrive at every class on-time, and ready to begin. There is a 5-minute grace period for late arrivals of returning clients only, so long as You call the Studio to let them know You are on your way. Arrivals after 5 minutes will not be admitted, and your spot may be given to a client waiting on standby. If there is a client waiting on standby and You do not call the studio, your spot will be released at the start of class time.
All new clients must arrive at least 10-minutes early or your class will be rescheduled.
3.3 WAITLIST: If a scheduled Class is booked to capacity, You may place yourself on the “Waitlist” for that Class. If You add yourself to a Waitlist, You are responsible for managing your booking and any cancellation, as needed. Members will automatically be pulled from the Waitlist into class up to 6-hours prior to the class start time. If You are pulled off the Waitlist and into class during the ‘late-cancel’ window and need to cancel, You are subject to the late cancellation policy.
IV. STUDIO POLICIES
4.1 STUDIO POLICIES: Instructors are subject to change and classes are subject to cancellation without notice. When possible, an email will be sent communicating the change in the schedule. Subject to any opt-you, You consent to receive noticed from Elevate Training pertaining to a class or session which You are registered for. Elevate Training is not responsible if You do not read the notices, or if you unsubscribe and do not receive the notifications.
4.2 STUDIO GUESTS: Unattended children and pets are not permitted in the studio.
4.3 CLEANING: All clients are responsible for wiping down their machine after class.
4.4 WORKOUT ATTIRE, GRIP SOCKS: All clients are asked to wear workout gear to the session and classes. No jeans or attire with metal accessories or large zippers are allowed on the equipment.
For your safety, and to protect the integrity of the equipment, ALL clients are required to wear grip socks during their session or class. You must provide your own, and if You forget socks, You may purchase a pair at the studio.
4.5 RETAIL SALES, GIFT CARDS: All retail purchases are final sale, notwithstanding state law. Gift card sales are also final; however, per state law gift cards do not expire. Elevate Training is not responsible for lost or stolen gift cards and will not replace lost or stolen gift cards.
4.6 CODE OF CONDUCT: Elevate Training is committed to providing an environment that is free from disrespectful and offensive behavior, and that is safe space for all individuals. Accordingly, harassment, inappropriate, or discriminatory behavior by clients, and/or continued disruptive or incendiary behavior, as determined in the sole discretion of Elevate Training, will not be tolerated. Elevate Training has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of a training relationship without refund to any client engaging in unacceptable behavior.
4.7 CONTENT RELEASE: You grant Elevate Training, its representatives, employees, agents and/or assigns the right to take digital recordation of You and your property while engaging with and/or interacting with Elevate Training and/or participating in a Service with Elevate Training, and to use and publish these photos or videos in print and/or electronically.
By agreeing to be filmed, photographed, and/or otherwise documented by Elevate Training, You, on behalf of yourself, heirs, representatives, executors, and assigns, irrevocably grant Elevate Training the absolute and unrestricted right and permission throughout the universe and forever to copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit by any and all uses such content, with or without my name, without compensation, for any lawful purpose, including but not limited to: publicity, illustration, advertising, and web content. You further agree that Elevate Training is the lawful owner of all digital files, and accordingly, waive any right that You may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein your likeness appears, or the use of which may be applied.
4.8 SECURITY CAMERA: Elevate Training utilizes video surveillance cameras within the studio for the safety and wellbeing of all members, guests, and trainers. In compliance with state laws, cameras are located in common areas where there is no reasonable expectation of privacy, and records video and audio. While the camera’s main purpose is to provide an added level of security, ownership may from time-to-time observe club happenings and events via the camera stream.
4.9 GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this Agreement is governed by the Laws of the State of California, United States, and You hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, United States. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of California, San Diego County, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of California, San Diego County.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
4.10 FORCE MAJEURE: In the event that any cause beyond one’s reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for Elevate Training to perform any responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, Elevate Training is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill the responsibilities and obligations.
4.11 EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from Elevate Training related to the services provided, the Elevate Training brand, and your participation in all of the above. By entering into this Agreement, You give Elevate Training permission to email You, at the email address on file, regarding the same.
V. LIABILITY
By attending fitness activities such as in-person classes, events, activities, and other programs (the “Activities”) and using the premises and/or facilities, including infrared sauna and showers (the “Studio”) rented, owned and/or operated by Elevate Training, You the undersigned, acknowledge and agree on behalf of yourself, your heirs, your personal representatives and/or assigns, that there are inherent risks associated with the Activities and visiting the Studio, and that isn participating in the Activities You assume such risks.
You understand and are aware that strength, flexibility, mobility, and aerobic exercise, including the use of exercise equipment (that You use during an Activity, owned by Elevate Training or a third-party) while largely beneficial for your physical and mental wellbeing, are also potentially hazardous activities. You will, at all times, use all reasonable efforts to ensure your own physical safety. You shall comply with all stated and posted safety rules, as well as verbal instructions given to you by an Elevate Training instructor. You also understand that fitness activities involve the risk of injury, and that You are voluntarily participating in these activities, and using equipment, knowing the dangers involved. You agree to assume full responsibility for any and all injuries which are sustained or aggravated by You in relation to the Activities.
You understand that equipment used in fitness instruction can be dangerous if used improperly. You agree that Elevate Training is not responsible for any injury You sustain due to defects or damages in equipment used while under the supervision of Elevate Training (whether owned and/or maintained by Elevate Training).
You declare yourself to be physically sound enough to participate in an Activity with Elevate Training and, if applicable, You have been cleared by a medical professional to begin, or continue participating in, physical activities, such as those in the Activities. You have not been advised by a medical doctor to avoid physical activity similar to that of an Activity and assume all responsibility and risk for participating in activities to which You have been advised against. You do not suffer from a condition, impairment, disease, infirmity, or other illness that would prevent your participation, or use of equipment, except as noted by Elevate Training. You will notify Elevate Training immediately of any change in medical condition, including pregnancy. You acknowledge and agree that if You are prenatal/postpartum, You increase the risk to yourself and, if applicable, your unborn child. In participating in a Activity, You assume all associated risks to yourself, and if applicable, your unborn child.
You agree that if, during a Activity or immediately after, You experience any symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, whether you are under direct or physically present supervision of an instructor, You will immediately stop exercising, and if possible, notify said instructor of your symptoms. You authorize any representative of Elevate Training to obtain emergency medical transportation and treatment for You if necessary.
In consideration of being allowed to participate in and access the Activities and Studio, You release, indemnify, and hold harmless Elevate Training, its direct and indirect parent, subsidiary, affiliates and entities, and each of their respective officers, employees, contractors, representatives, and agents, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Activities, use of the Studio (including ingress and egress to the Activity space, whether public or private property), or training with Elevate Training in any way.
If Participant is under 18 years old, You the undersigned attest that You are a parent, guardian, or other legal representative on behalf of the participant. You understand that by signing this Agreement and allowing their participation in the Activities, You are releasing, indemnifying, and holding Elevate Training harmless in all ways, the same as if You were a participant, as described above.