TERMS AND CONDITIONS
This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Fitness 360, 3309 East 62nd Ave, Spokane WA 99223 (“Fitness 360”), and you the member. Fitness 360 is a boutique fitness studio offering small group fitness classes. This Agreement entitles members access to participate in these classes. Please review this Agreement thoroughly as it is a legal contract between Fitness 360 and all members. By using the services offered at Fitness 360, members are agreeing to the terms of this Agreement.
PURCHASES AND PAYMENT
PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Class packages are billed in-full at the time of purchase. Monthly membership payments shall be made the anniversary date of your activation, on a month-by-month basis, via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below.
In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.
FREEZE POLICY: Members with a monthly unlimited membership may put their membership on hold, in one-month increments, for up to three (3) calendar months. A fee of $25 will be charged per freeze request. Notice of intent to freeze one’s account must be submitted to Fitness 360 via email at Fitness360@gmx.com no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months.
CLASS CANCELLATION AND BOOKING POLICIES
RESERVING CLASSES: Clients are solely responsible for the booking and cancelling of their classes. Clients may reserve class spots online through their account, through the Fitness 360 website fitness360spokane.com.
SIGN-IN: Clients are required to enter their scheduled class no later than 5-minutes after the scheduled start time. If a client does not enter their classroom by this time, it is considered a no-show and Fitness 360 reserves the right to assign the spot to another person on the waitlist.
CANCELLATIONS: Reservations may be cancelled without penalty by cancelling up to 12 hours prior to the class start time. This may be done online via a client’s account, or by calling the studio during regular operating hours and confirming with studio staff.
Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are not valid and the member will be charged.
MONTHLY UNLIMITED MEMBERSHIPS: If you do not cancel within the 12-hour requisite window, a late-cancel fee of $12.50 will be charged to your account. If you are on an auto debit contract or unlimited package and do not have a working card on file for such fees, your package will be reduced by one day.
The no-show and late-cancel fees apply to ALL clients equally regardless of unlimited status or special package pricing or membership level.
If you book multiple classes, or waitlist multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. Fitness 360 staff cannot be held responsible for accidental bookings by clients, double bookings, or double waitlisted classes made by members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.
WAITLIST: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. If you add yourself to a wait list, YOU are solely responsible for managing your bookings and for cancelling your classes within the bounds of the cancellation policy. The system will auto-populate clients into class from the waitlist as soon as other clients with confirmed spots cancel, and class slots will be assigned as such. Fitness 360 staff cannot move class slots for clients in classes that are completely full with wait lists.
PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT
PACKAGE PURCHASES: By purchasing a package from Fitness 360, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members. Unlimited and auto-debit contract members are required to keep a current credit card on file.
Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen. Packages that expire will activate on the first class either booked OR waitlisted. Placing yourself on a waitlist with an expiring package will activate your package. Fitness 360 staff will not adjust or extend special packages due to waitlisted classes or accidental bookings thorough the acts or omissions of clients. The expiration date set on an expiring package is the date on which the package may no longer be used. Members purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.
CREDIT CARD ON FILE: Members may elect to keep a credit card on file using their Fitness 360 account online. By placing a card on file, the cardholder and account holder gives permission to the Fitness 360 staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the Fitness 360, cancellation policy detailed above.
AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize Fitness 360, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Fitness 360 will initiate transfers/charges pursuant to this authorization not to exceed the amount show on you Membership Agreement and/or in connect with cancellation fees per the cancellation policy. Fitness 360 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) the Fitness 360 booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. Fitness 360 cannot be held responsible for errors in processing due to expired or inaccurate information.
AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of Fitness 360, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes and exercise equipment in association with the Classes and Facilities.
You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Fitness 360 staff, you would be at physical risk participating in Fitness 360 Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Fitness 360 with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Fitness 360 concerns and stating that Fitness 360 concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Fitness 360, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, 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 Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Fitness 360 Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Fitness 360 Classes and Facilities, and should not be participating in any Classes.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Fitness 360 has put in place aggressive preventative measures to reduce the spread of COVID-19. However, the studio cannot guarantee that you or any member/employee of Fitness 360 will not become infected with COVID-19. Further, attending the studio could increase your risk of contracting COVID-19.
You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by attending the Fitness 360 classes and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the studios may result from the actions, omissions, or negligence of myself and others, including, but not limited to, studio employees, instructors, and staff.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at Fitness 360 (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless Fitness 360, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Fitness 360, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Fitness 360 program.
You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.
You agree to be solely responsible for the safety and well-being of yourself.
You agree to comply with all rules imposed by Fitness 360 regarding the use of the facilities and equipment.
You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by Fitness 360. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER
You may cancel this Membership Agreement at any time. You must provide Fitness 360 written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than ten (10) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take affect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled as of the date of the subsequent billing payment due date.
If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Fitness 360, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and Fitness 360 reserves the right to pursue additional avenues or means to receive monies owed.
This Membership 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 Fitness 360 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 Fitness 360. The member shall provide proof of new residence.
CONDUCT/DAMAGES: Fitness 360 is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Fitness 360 rules and regulations or who abuse equipment in any fashion will be asked to leave. Fitness 360 has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Fitness 360 property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Fitness 360 reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Fitness 360.
PHOTO/VIDEO RELEASE: You hereby grant Fitness 360, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Fitness 360 and to use and publish these photos or videos in print and/or electronically. You agree that Fitness 360 may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.
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 Stephen Lay, 3309 East 62nd Ave, Spokane WA 99223. Fitness360@gmx.com
ONLINE TRACKING; INDIVIDUAL CHOICE AND ACCESS
Fitness 360 collects personally identifiable information, such as names, postal addresses, email addresses, credit card information when it is voluntarily submitted by members and/or visitors. This information is used for membership ad billing purposes only and is not sold to third parties for any reason. If you have any questions regarding the information that is collected, you may direct all inquiries to firstname.lastname@example.org.
Personally identifiable information is kept secure. Only authorized employees, agents, and contractors who have agreed to keep information secure and confidential have access to this information. All emails and newsletters from this site allow you to opt out of future marketing mailings. Fitness 360 uses industry-standard efforts to safeguard the confidentiality of members’ personal information, including the use of firewalls and secure sockets layer software where appropriate.
HOW WE RESPOND TO ‘DO NOT TRACK’ SIGNALS
Fitness 360 does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, Chrome and Safari web browsers allow you to set the DNT signal on so that third parties (particularly advertisers) know you do not want to be tracked. This option can be found in the “Preferences” menu of the browser.
It is important that you protect against unauthorized access to your password and to your computer. If you use the website, you agree that (1) you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer; and (2) you agree to accept sole responsibility for all activities that occur under your account or password. Please be sure to sign off when you are finished using a shared computer.
Fitness 360 reserves the right to refuse, terminate accounts, remove or edit content, or cancel orders in its sole discretion. When you visit Fitness 360, or send emails to an associated account, you are communicating electronically, and therefore consent to receive communications electronically. Fitness 360 will communicate with members by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
WHAT INFORMATION DO WE COLLECT?
Currently, Fitness360spokane.com gathers information (such as name, e-mail address and zip code) strictly for contact purposes when users opt to fill out an e-mail submission form to inquire about our company and about membership. In some cases we ask for other optional information including additional contact information and certain demographic information (such as phone number and gender). If you provide your mobile telephone number you are providing consent to receive SMS text alerts from Fitness 360 and you confirm that you are the customary user of the phone number submitted. Text alerts may be sent using an automated dialing system. Your consent is not a condition of purchasing any goods or services, and may be revoked at any time, including by responding STOP to any SMS text alert you receive. Message and data rates may apply.
HOW DO WE USE YOUR INFORMATION?
We may use your information to communicate special offers, promotions and information about our company to you via email and/or via text message. If you do not wish to receive emails you will have the option to opt out of future mailings (see the section below). If you do not wish to receive text messages you may revoke your permission at any time, including by responding STOP to any SMS text alert you receive. Message and data rates may apply. We may also use your information to compile usage statistics and other data regarding the use of the Web site services. We will not share your personally identifiable information with third parties, outside of the limited circumstances referenced in the paragraphs below. We may, however, share with partners aggregated statistical data that includes users' demographic information but does not identify them. We reserve the right to provide any and all such aggregated and non-individually identifiable data to third parties.
HOW DO WE USE YOUR EMAIL INFORMATION?
At Fitness 360 we respect your concerns about privacy. We collect email information to provide a more personalized and relevant experience. If you give us your email address when you inquire about membership, request a trial pass, or sign up, we will send you emails about exclusive offers, and news at Fitness 360. If you have previously opted out of receiving emails from us, providing updated information will act as an 'opt back-in'. If you want to opt-out of receiving promotional emails, simply click on the unsubscribe link located on the bottom of all of our emails. Although we strive to update our email list as frequently as possible, you might receive another contact before we are able to remove you. Please note that you will continue to receive Member Services related communications as it pertains to your member account. Fitness 360 may use any of your contact information held on file (including Email, Mailing, Phone & Fax) to communicate with you in relation to day to day administrative activities, such as freeze requests, online purchases and important service alerts. Fitness 360 never sells or rents your name, e-mail address, or any other personally identifiable information to third-parties.
WE ONLY SHARE USER INFORMATION IN THE WAYS DESCRIBED BELOW:
Agents: We may employ other companies and individuals to perform functions on our behalf. We will disclose your personally identifiable information to third parties for tracking purposes, to charge your credit card (or process your check or money order, as appropriate), fill your order, improve the functionality of our site, perform statistical and data analyses, deliver your order and deliver promotional emails to you from us, removing repetitive information from customer lists, providing marketing assistance and providing customer service. For example, we must release your credit card number to confirm payment; and release your mailing address information to the delivery service to deliver products that you ordered. They have access to personal information needed to perform their functions, but may not use it for other purposes.
PROTECTION OF FITNESS 360:
While this site may contain links to other sites, please note that when you click on one of these links, you are 'clicking' away from fitness360spokane.com to another Web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours. We are not responsible for the privacy practices or the content of such Web sites.
HOW CAN YOU CONTACT FITNESS 360?