TERMS OF SERVICE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS REPRESENTATIONS BY YOU, WAIVERS, LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION PROVISION THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

By accessing this website you are agreeing to these Terms and Conditions, which include the Terms of Service for Classes and Facilities (“Terms of Service”), the Website Terms of Use (“Terms of Use”), the General Terms and Conditions, Copyright Policy and our Privacy Policy (available). If you do not agree to these Terms and Conditions or our policies, then do not use this website, set-up an account, make a reservation or take a class.

Please contact us at: info@fit-socialclub.com with any questions regarding any of these Terms and Conditions.

TERMS OF SERVICE FOR CLASSES AND FACILITIES

Fit Social Club LLC, its subsidiaries and affiliates (“we” or “us”) provide indoor cycling, functional training and HIIT classes. One indoor cycling, functional training or HIIT class is called a “Class”. A group or package of Classes is called a “Package”. A monthly recurring set of classes is called a “membership” These Terms of Service set forth the terms and conditions under which you can set up an account, make reservations and pay for and participate in Classes. By setting up an account, making a reservation or paying for or participating in a Class, you agree to these Terms of Service.

CANCELLATION POLICY

In order to cancel a Class, you must “unreserve” that Class 12 hours before the start of the Class. Once your Class is unreserved in a timely manner, it will be returned to your Series to be used at a future date (subject to expiration of the Series). If you haven’t unreserved your Class by 12 hours before the start of the Reserved class is scheduled local time, your scheduled Class will be charged to and deducted from your Package or Membership, even if you do not attend the class.

You can cancel your reservation in the following ways:

1. Log into your account and, next to the class you wish to cancel, press “unreserve”

2. Call the studio where your class booked and cancel the class over the phone

HEALTH REPRESENTATIONS

You represent and warrant to us that you are in good physical condition and have no medical condition or impairment that could prevent you from your intended use of the classes, activities, programs, premises, facilities and equipment provided by us (collectively, “Classes and Facilities”). You acknowledge that we have not given you any medical advice and cannot give you any such advice, whether related to your physical condition and ability to use the Classes and Facilities or otherwise. You acknowledge and agree that you will discuss any health or medical concerns with your personal physician or other health professional prior to and while using our Classes and Facilities.

TERM AND TERMINATION

Your rights to use the Classes in any Package or Membership that you purchase are effective through the expiration date of the Package or Membership, unless terminated earlier. These Terms of Service will terminate immediately without notice to you upon the earlier of: (i) notice of your election to cancel your account; (ii) the posting of a new version of these Terms of Service with notice to you (which you agreed that we may provide by any means, including without limitation, by posting the new version on this website), in which case the new terms will apply to you; or (iii) your breach or failure to comply with these Terms of Service or generally undesirable behavior, as determined by us in our sole discretion (in which case you will not be entitled to a refund of any prepaid Classes that are unused from a Package or Membership). If you do not have an outstanding Package or Membership in your account, we may terminate or suspend your account with or without notice, at our sole discretion. We also reserve the right to terminate these Terms of Service and your account without prior notice and without liability to you upon request by government and/or law enforcement agencies.

If your account is terminated for any reason, you agree that we may keep your information on our servers for a reasonable time thereafter to enable you to easily renew if you so desire.

The Section entitled “Waiver and Release,” the General Terms and Conditions incorporated herein and the representations made by you in the Section “Health Representations” shall survive expiration or termination of these Terms of Service.

LIABILITY WAIVER

I, the undersigned, acknowledge the inherent risks involved when using any type of fitness equipment in Fit Social Club, and in all other sports and training classes relating therein. Accordingly, as consideration in exchange for being allowed to participate in any sporting activities and/or activities at Fit Social Club, I agree to the following: 1. I acknowledge and fully understand that I will be engaging in activities involving risk and serious injury, which may include permanent disability and even death, and severe social and economic losses which might result from not only my actions, but also from the action, inaction, or negligence of others, the rules of play, or the condition of the premises, or any equipment used, and further that there may be risks not known to me or not reasonably foreseeable. I expressly assume all risks of injury, including death, which may occur in connection with my participation in activities at Fit Social Club. 2. I agree that prior to participating in any activity at Fit Social Club, I will inspect all Fit Social Club areas and all equipment used, and if, through my inspection, I determine that anything related to the activity is unsafe I will, immediately advise the Fit Social Club staff or another official of Fit Social Club of this unsafe condition and will not participate until the condition is corrected. 3. I agree to assume all the foregoing risks and accept full responsibility for my own damages following such injury, permanent disability, or death. 4. I release, waive, discharge, and agree not to sue Fit Social Club, its parent company and any subsidiaries and all of its respective agents, affiliates, associates, officers, directors, owners and employees (collectively "Releases") injury, death or property damage caused of alleged to be caused in whole or in part by Releases or any other Party's actions, inactions, or otherwise. I also agree to indemnify Releases from any and all third party claims caused in whole or in part by my actions. 5. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as Fit Social Club may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency. 6. I expressly agree 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 the state of Texas. Any provision or portion of this Waiver, Release, and Indemnity Agreement found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion. The offending provision or portion shall be construed to the maximum extend possible to confer upon the parties the benefits intended thereby. Said provision or portion, as well as the remaining provisions or portion hereof, shall be construed and enforced to the same effect as is such offering provision or portion thereof had not been contained herein. 7. I agree to any and all contracts outlined on the website, the APP, or by third party booking platforms. I will be financially responsible for costs incurred by said contracts, memberships, and third party booking platforms. I have read the waiver, Release, Indemnity Agreement and understand by agreeing below, I have given up substantial rights. Parental Consent, (for participants under the age of 18) I, the undersigned parent or legal guardian or the child shown below, have read the above Waiver, Release, Indemnity Agreement and agree to its terms on behalf of my child and myself. I understand that by agreeing below, I am giving up substantial rights on behalf of my child and myself.

PHOTO RELEASE

I hereby authorize Fit Social Club to take and publish any photographs, gifs, or videos taken of me within the studio for use in the Fit Social Club print, website, or social media sites as well as any other Fit Social Club publications.

I hereby release and hold harmless Fit Social Club from any reasonable expectation of privacy or confidentiality associated with the images specified above.

I further acknowledge that my participation is voluntary and I will not receive any financial compensation of any type associated with taking or publications of these photographs or videos. I further agree that publication of said images confers no rights or ownership or royalties whatsoever.

I hereby release Fit Social Club, its contractors, its employees, and any third party involved in the creation or publication of marketing materials from liability for any claims by me or any third party in connection with my participation.

I hereby acknowledge that I have read the preceding prior to signing, and I understand that I am executing a consent, release, waiver of liability, and indemnity agreement.

TERM AND TERMINATION

If your account is terminated for any reason, you agree that we may keep your information on our servers for a reasonable time thereafter to enable you to easily renew if you so desire.

CHANGES TO CLASSES AND FACILITIES

We reserve the right to add or eliminate locations and facilities available to you. The hours of operation will be set by us and may be changed at any time in our sole discretion. We are not required to continue any particular programs, facilities, services or equipment and may discontinue, change or modify the same in our sole discretion. We reserve the right to add, eliminate, or alter any program, service or equipment when deemed necessary or desirable in our sole discretion.

RULES AND REGULATIONS

You acknowledge the existence of and the need for rules and regulations governing your participation in and use of our Classes and Facilities. You agree to comply with any rules and regulations that are communicated to you in any reasonable manner, including by posting on this website or by posting at our facilities. We reserve the right to modify, amend or supplement any such rules and regulations from time to time in our sole discretion.

GENERAL TERMS AND CONDITIONS

The General Terms and Conditions set forth herein are incorporated by reference into these Terms of Service.

WEBSITE TERMS OF USE

These Website Terms of Use (the “Terms of Use”) apply to your use of our website (the “Site”). We reserve the right to change the Terms of Use and to modify and/or limit access to this Site at any time without notice to you. By using or accessing this Site, you agree to be bound by the most recent Terms of Use.

SITE CONTENT

All content that is made available to view and/or download in connection with this Site is the copyrighted work of and is owned by us and/or its licensors or subscribers, as applicable, and is protected by copyright and other laws and international treaty provisions. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any such content without our express written permission and written permission of the copyright owner. You agree not to circumvent, disable or otherwise interfere with security-related features of this Site or features that prevent or restrict use or copying of any content on this Site. You may not frame or otherwise include this Site within any other website or software. We reserve all rights not expressly granted to this Site and the content therein.

LINKED SITES

This Site may contain links to third party web sites (“Linked Sites”). These Linked Sites are not under our control and we are not responsible for the availability, content or performance of any Linked Sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You should direct any concerns regarding these third-party sites to those sites’ administrators.

MOBILE SERVICES

We may provide certain services that may be available via your mobile device, including but not limited to (i) the ability to make purchases or reservations via your mobile device, (ii) the ability to receive and reply to messages from us, and (iii) the ability to browse our site from your mobile device (collectively the “Mobile Services”). We do not charge for these 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, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

ELECTRONIC COMMUNICATIONS

When you visit our Site or send e-mails to us, you are communicating with us electronically. By using this Site, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We receive and store certain types of information whenever you interact with us. For example, like many sites, we use “cookies,” and we obtain certain types of information when your web browser accesses our Site.

TERMINATION

We reserve the right to immediately terminate your use of, or access to, this Site at any time if we decide, in our sole discretion, that you have breached these Terms of Use or any relevant law, rule or regulation or you have engaged in conduct that we consider to be inappropriate or unacceptable.

GENERAL TERMS AND CONDITIONS

The General Terms and Conditions are incorporated by reference into both the Terms of Service and the Terms of Use.

AGE

We do not permit persons under the age of 18 years to set up an account, make a reservation or take its indoor cycling, functional training, or HIIT classes. By using this Site, setting up an account, making a reservation or taking a Class, you represent that you are at least 18 years old and that you agree to abide by all of the Terms of Service and Terms of Use.

DISCLAIMER OF WARRANTIES

ALL CLASSES AND FACILITIES AND THIS SITE ARE PROVIDED BY US “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We assume no responsibility for, and shall not be liable for any damage caused by any virus that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing in this Site, any Linked Sites, your use of Mobile Services, or your downloading of any materials, data, text, images, video or audio from this Site or any Linked Sites. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR CLASSES AND FACILITIES, THIS SITE, THE TERMS OF SERVICE OR THE TERMS OF USE (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $50. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

INDEMNITY

You agree to defend, indemnify and hold harmless Fit Social Club LLC, its subsidiaries and affiliates, and its employees, agents, officers, members, managers, investors and representatives, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your participation in and use of the Classes and Facilities provided by us; your use of this Site; your breach or alleged breach of the Terms of Service or Terms of Use; or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

LEGAL COMPLIANCE

You shall comply with all applicable laws, statutes, ordinances, rules and regulations regarding your participation in or use of the Classes and Facilities and your use of this Site.

GENERAL

Neither these Terms of Service or Terms of Use, nor any rights or obligations of you thereunder, may be assigned by you in whole or in part without our prior written approval. Any assignment in violation of the foregoing shall be null and void. If any part of the Terms of Service or Terms of Use is for any reason found to be invalid, illegal or unenforceable, all other parts nevertheless remain valid, legal and enforceable. In lieu of the unenforceable provision, the court should attempt to effect as much as possible the economic, legal and business objectives as were intended by the unenforceable provision. We are not liable for any delay in the performance under the Terms of Service or the Terms of Use due to causes beyond our control, including but not limited to an act of God, war or natural disaster. The Terms of Service, Terms of Use and these General Terms and Conditions set forth the entire understanding and complete and exclusive statement of the agreement between you and us; and they supersede any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter thereof. There are no third party beneficiaries to the Terms of Service or the Terms of Use. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of the Terms of Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

COPYRIGHT POLICY

We respect the intellectual property of others, and we expect our users to do the same. We may suspend and/or terminate the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through this Site, you should provide our copyright agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of where the material that you claim is infringing is located on this Site;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.