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TERMS, WAIVER + PURCHASE AGREEMENTS

Welcome to THE CLUB Fitness, LLC (“THE CLUB”, “we”, “us”, “our”). These Terms and Conditions (“Terms”) govern the use of our website (theclubnc.com), THE CLUB mobile application (“The App”), services, facilities, and programs, including but not limited to the fitness classes, studio and coworking space. By using our website, purchasing a membership or package, using our facilities, or participating in our programs, you agree to these terms. If you do not agree with any part of these Terms, please do not use our website or services.

 

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TERMS

 

By signing this contract (electronically or otherwise), enrolling online, and/or attending classes, events, activities, and other programs of THE CLUB, whether online or in a facility, or using THE CLUB equipment of any kind, you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns (collectively “you” and/or “yourself”), that (a) there are certain inherent risks and dangers in the strenuous nature of the workout program; (b) you have voluntarily chosen to participate in an intense physical exercise program, (c) THE CLUB strongly recommends that you consult with your physician prior to commencing any classes; (d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death; and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages, THE CLUB, its instructors, members and employees for any injury, harm or loss you may suffer, including death, as a result of participation in any activities at or directed by THE CLUB.

 

If you are enrolling a minor (14-17) years of age, or older if applicable (in the minor’s state of residence), the above release applies equally to the minor. No one under 14 years of age may participate. A minor 14-17 years of age may participate only with a signed waiver by the parent or legal guardian.

 

Since the terms and conditions of this agreement may change, you should regularly check this posting to ensure you have reviewed and understand these terms and conditions prior to participating in any THE CLUB activity, class, event or program of any kind.
 

TERMS OF USE

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1.1 CODE OF CONDUCT

THE CLUB is committed to the health, safety, and welfare of all of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. Engaging in such activity shall be grounds for immediate termination of this Agreement by discretion of THE CLUB leadership.

 

1.2 DAMAGES

THE CLUB client shall pay for any damages to THE CLUB’s property or equipment which results from his/her willful or negligent conduct.

 

1.3 LOST ARTICLES

THE CLUB assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 30 days will be donated to charity or thrown away.

 

1.4 INTELLECTUAL PROPERTY RIGHTS

The trademarks of THE CLUB Fitness, LLC are proprietary to THE CLUB and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof are property of, or duly licensed to, THE CLUB. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use. 

 

Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of THE CLUB, is strictly prohibited.

 

THE CLUB’s logo may not be modified, distributed, or reproduced per the copyright for THE CLUB Fitness, LLC. 

 

You acknowledge that THE CLUB and/or third-party content providers remain the owners of all Website and App materials and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. THE CLUB may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.

 

1.5 LATE ARRIVALS

New clients must arrive at the studio at least15 minutes before class starts. Recurring clients must arrive to the studio at least 5 minutes before class starts. If a class is waitlisted and a client has not checked in by 3 minutes prior to class start time, the spot will be given to a waitlisted client. For everyone’s safety, there will be no access to classes once they have started.

 

1.6 WAITLIST POLICY

If a class is fully booked, we highly recommend putting yourself on the waitlist. You must have an active class package or membership before you can reserve a spot on the waitlist. If you don’t receive a spot in your desired class, the class credit will remain in your account for use on future classes. 

 

If a spot becomes available in the class you are on the waitlist for prior to the start of class, you will automatically be enrolled. You will receive an email confirming your enrollment into the class from the waitlist. If you are no longer interested in a class for which you are on the waitlist, you must remove yourself from the waitlist or you risk being the penalty fees associated with that package or membership.

 

There are no fees associated with removing yourself from the waitlist at any time and the credit will be returned to your account. Once you are automatically enrolled in class, all standard terms apply.

 

If you are interested in attending an upcoming class and the booking window is already closed, we encourage you to call the studio to see if a spot is open. If there is room, our team will be happy to reserve it for you. You are also welcome to come to the studio to see if a spot is available, but be aware that any waitlisted clients physically present will take priority over drop in clients.

 

1.7 PHONE USAGE

While at the studio you agree that you shall not use your phone or any other electronic device inside the RIDE room, TRAIN room, or in any THE CLUB class unless previously authorized.  Smart watches must be put in non-disturb/theater mode or removed. Failure to comply will result in a warning, possible studio ban, or membership termination.

 

SERVICES

1.1 CLASS PACKS

To book a class, your account must have at least one active credit. One credit entitles you to attend one class.  You can purchase credits via our Website or App. Multiple credits can be acquired as Class Packs or monthly Memberships. Price details for credits are available on our Website or App and shall be determined by THE CLUB with authority to adjust at any time. Classes and Memberships all have different terms for pricing, length of commitment, and expiration and future prices are subject to change.  Payments for credits and memberships are non-refundable. For extraneous situations or emergencies, please contact hello@theclubnc.com.

 

1.2 MEMBERSHIPS

Your first month fee is due upon purchasing the membership. The membership contract starts when you take your first class. Subsequent monthly payments will be on the same day of each month as your first class when the contract was activated. Fees must be paid automatically by an electronic fund transfer (“EFT”) from a checking account, debit card, or credit card. By providing your checking account, debit card, or credit card information you are consenting to THE CLUB automatically withdrawing your fees as they come due each month. Your fee and commitment length shall be based on the specific membership. The current fees for these memberships are set forth on our Website and App. THE CLUB reserves the right to adjust its membership fees at any time during the term of this Agreement. 

 

1.3 GIFT CARDS

Gift cards are available for purchase on our website and app and will be sent via email to the recipient. 

 

1.4 CANCELLATION POLICY AND FEES

In order to cancel a class reservation at THE CLUB and return the credit to your account, you must cancel prior to 12 hours before the start of class. Once your reservation is canceled, the class will be returned to your account to be used at a future date. If you cancel within 12 hours before class starts, the class will not be refunded or returned and you may incur penalty fees. You can cancel your reservation by logging into your account on the website or the app and clicking "Cancel Reservation".

 

For any grace cancellation requests, please call the studio, speak with someone in person, or email hello@theclubnc.com. Please be aware we cannot guarantee your request for a grace cancellation but are happy to discuss in greater detail.

 

All late cancellations and no shows will result in the loss of credit.

 

Class package clients will be charged a $15 fee for late cancellations and a $20 fee for no shows.

 

Memberships will continue to renew automatically on a continuous month-to-month basis until the subscription is canceled. Recurring membership charges will be charged to the card the member provides at the time of purchase (unless a new card is provided). Furthermore, if you have a Membership, you authorize THE CLUB to charge the card provided upon each renewal.

 

To cancel a membership, the member must provide 30 days written notice to hello@theclubnc.com with a title of “[Name] MEMBERSHIP CANCELATION [Date]”. Please share the reason why if you are comfortable to help THE CLUB continue to improve. If canceled within 30 days, the full monthly amount will be collected on the next billing date and the member will have access to the studio until those 30 days have expired. 

 

FOR CLIENTS ON THE WAITLIST: When you join the waitlist, one credit will be deducted from your account. If you join the waitlist and a space becomes available, you will be automatically added to the class. You will be notified by email if you are automatically added to a class.

 

If you join a waitlist but no longer wish to attend the class, you must cancel the booking via our Website or App. If you are added to a class you may cancel up to 12 hours before the start of class and your credit will be returned to your account. If you are inside the late cancel window when you cancel, your credit will be lost. If you join the waitlist and a spot does not become available by the start of class, the credit will be returned to your account. If we cancel a class, your credit will be returned to your account.

 

FOR CLIENTS RUNNING LATE: New riders are required to arrive at least 15 minutes prior to class start. Returning clients are required to arrive at least 5 minutes prior to class start. For waitlisted classes, open bikes will be automatically assigned to the waitlist 3 minutes prior to class start. No clients will be admitted once class has started or when doors are closed.

 

SICKNESS/EMERGENCIES: In the event of illness or emergency and it is past the cancellation window, please email (hello@theclubnc.com) or call THE CLUB to discuss with a staff member. We do respectfully ask that if you are not feeling well you do not come to the studio until you are symptom-free or fever free for at least 48 hours. 

 

1.5 PURCHASE AND REFUND POLICY 

Classes and instructors scheduled to teach class are subject to change. Pricing is subject to change without notice. All class packages and memberships are non-transferable and non-refundable; there are no exceptions.

 

If you change your mind about any retail items purchased from THE CLUB, you may return them to our studio within 7 days (unless stated otherwise by THE CLUB) and THE CLUB will give you a full refund provided that the retail items are unused and are not damaged.

 

1.6 CLASSROOM CONDITIONS

THE CLUB offers intense workouts. RIDE classes combine rhythm based choreography, high intensity exercise, and an upper body weighted section in class. TRAIN classes include low impact weight training with various pieces of equipment. Please consult your doctor before beginning a new exercise regimen. The temperature in the room ranges from 70-80 degrees depending on the quantity of guests in the room and indoor/outdoor weather conditions. Loud music will be played in class that may contain explicit language.
 

LIMITATION OF LIABILITY

In no event will THE CLUB be liable for any direct, indirect, special, or other consequential damages resulting from your use of their facilities, the Website, the App, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if THE CLUB expressly advised of the possibility of such damage.

 

All information is provided by THE CLUB on an “as is” basis only. THE CLUB provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

 

COOKIES

We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to login a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

 

POLICY CHANGES

Occasional changes may be made to this document, as new services, programs or content (including but not limited to classes, the Website or Mobile App) to reflect changes in THE CLUB’s policies. The Terms and Conditions may be revised at any time by updating this document. By using THE CLUB’s facilities, the Website or App, and attending classes (either online or in person) you agree to be bound by any such revisions. Users are encouraged to check this document periodically to stay informed of current policy guidelines.

 

PRIVACY POLICY

Your privacy is important to THE CLUB. THE CLUB Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to THE CLUB’s collection, use, and disclosure of your personal information. 

 

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles.
 

CONTACT US

If you have any questions about these Terms you can reach out to us at hello@theclubnc.com and we are happy to discuss in greater detail.

 

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WAIVER AND RELEASE

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THE CLUB FITNESS LLC

WAIVER AND RELEASE, INDEMNITY, HOLD HARMLESS AND ASSUMPTION OF RISK AGREEMENT

 

I, the undersigned, agree to the following terms and conditions in order to participate in any activities instructed by THE CLUB FITNESS, LLC, a North Carolina limited liability company (“Activities”) of the premises located at 500 S Turner Ave, Charlotte, NC 28208 (“Premises”).

 

I acknowledge and agree that Activities may involve or include:

  • Activities that could result in harm or injury to me and involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death, and property damage (“Risks”);

  • Risks which may be caused by my own actions or inactions; the actions or inactions of other participants, the equipment used, the conditions in which the Activity takes place or the negligence of Releasees as named below;

  • Activities that may take place in the Premises, surrounding the Premises, or elsewhere; and

  • Other Risks and other social, health and economic circumstances that may create Risks that are not known to myself and/or THE CLUB FITNESS, LLC and may or may not be foreseeable to myself and/or THE CLUB FITNESS, LLC at this time.

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I acknowledge that myself and the Releasees defined below may use goods or equipment obtained from third parties, and that the Releasees makes no warranty as to the quality, safety, construction or suitability of such goods or equipment.

 

I understand that the Activities is physical in nature, that I and other participants in the Activities will be training together, and that there are inherent dangers involved in participation in the Activities, whether as result of an injury to myself or a medical condition that may be manifested or aggravated by the Activities. Specifically, I acknowledge that social distancing may not always be possible depending on the circumstances and that it is impossible to prevent potential exposure to COVID-19 or any other contagious diseases.

 

I acknowledge that the health and fitness content provided by THE CLUB FITNESS, LLC is designed for educational and informational purposes only and is not intended to be, nor does it constitute, medical or other professional healthcare advice. THE CLUB FITNESS, LLC strongly recommends that each participant consults with his or her physician before beginning any exercise program. It is my responsibility, as the participant, to evaluate my own medical and physical condition to determine whether to participate in an exercise program. THE CLUB FITNESS, LLC recommends that each participant always checks their surroundings before exercising. If the participant experiences faintness, dizziness, pain, or shortness of breath at any time while exercising, he or she should stop immediately. I represent and warrant that I am in good physical condition and have no medical reason or impairment that might prevent me from the intended use of the services and facilities.

 

I further acknowledge that if I choose to participate in any Activities at a location other than the Premises, that I assume all any and all risks, known and unknown, of personal injury, sickness, death, property damage and related costs and expenses as a result of participation in the Activities and the various activities involved therein, whether on the Premises or otherwise.

 

In consideration of my ability to participate in Activities on the Premises, or elsewhere, I agree to waive, release and discharge THE CLUB FITNESS, LLC, the owners of THE CLUB FITNESS, LLC, their affiliates, subsidiaries, parent companies, officers, directors, employees, independent contractors, agents, attorneys, representatives and their respective assigns, predecessors, and successors, and all persons acting under, by, through, or in concert with any and each of them, (all are referred to herein as “Releasees”) from any and all liability or claims, actions, obligations, costs, expenses, losses, suits, debts, rights, damages and benefits of whatever character, in law or in equity, known or unknown, suspected or unsuspected, of any nature whatsoever (“Claims”) whether for any personal injury, physical and mental, death and property damage associated with my participation in Activities.

 

I further agree that the Releasees will not be liable for any injury including, without limitation, personal, bodily, or mental injury, disability, death, economic loss or any damage to me, my spouse or domestic partner, unborn child, heirs, or relatives resulting from the negligent conduct or omission of any member of THE CLUB FITNESS, LLC or anyone acting on their behalf, whether related to exercise or not.

 

I further agree to hold harmless and indemnify the Releasees from any and all Claims arising out of or in any way relating to my participation in any and all Activities.

 

I acknowledge that any Risk may be compounded by assistance, whether or not negligent, (“Assistance”) of Releasees or others. I consent to any Assistance rendered by Releasees, if present, as Releasees may deem necessary and release Releasees from any liability or Claims arising from Releasees’ decision to provide or not provide such Assistance.

 

I knowingly and freely assume and accept all risks associated with my participation in the Activities, whether caused by the negligence of the Releasees or others. I am voluntarily participating in the Activities with knowledge of the dangers involved.

 

I consent to any emergency medical treatment that Releasees might deem necessary and release Releasees for any liability arising from their decision to provide me with, or call upon others to provide me with, emergency medical treatment and/or transportation.

 

I understand and agree that during the Activities, I may be photographed and/or videotaped by the Releasees for internal and/or promotional use. I hereby grant and convey to the Releasees all right, title, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such photographs or recordings, and consent to the Releasee’s use of my name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission.

 

I agree and understand that this Agreement is the entire Agreement regarding this subject matter herein and supersedes any prior understanding. This Agreement is binding upon and inures to the benefit of the Releasees. Any matter arising under this Agreement shall be governed by Tennessee law, without giving effect to any choice or conflict of law rule, and any cause of action may only be brought in the federal and state courts of Davidson County, Tennessee. I understand that this Agreement is intended to be as broad and inclusive as permitted under law. If any portion of the Agreement is not valid, the remainder of the Agreement shall be in full force and effect.

 

In summary, by signing this document (electronically or otherwise), enrolling online, and/or attending in person classes, events, activities, and/or other programs and/or entering THE CLUB facilities and using its equipment of any kind, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members and/or guests in connection with attendance at THE CLUB or as a result of participation in any of THE CLUB’s classes, activities, events, or programs (“Claims”); and (b) covenant not to sue or otherwise encumber, THE CLUB, its owners, directors, instructors, clients, and employees, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of THE CLUB, its owners, directors, instructors, clients, members, and employees, before, during, or after attending THE CLUB’s facilities or participating in any way one of THE CLUB’s classes, events, activities, or programs.

 

You also (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 studios, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless THE CLUB, its affiliated 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 studios, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of THE CLUB’s classes or studios, (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 THE CLUB’s classes and studios, and should not be participating in any classes.

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PURCHASE AGREEMENT 

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This Purchase Agreement (“Agreement”) is entered into by and between the client (“Member”) and THE CLUB FITNESS LLC, effective as of the date of acceptance.

 

  1. Purchase Terms and Fees

    1. All Drop Ins, Class Packs, and Memberships have an expiration date relative to the date of purchase. Please see the Buy Page or receipt of purchase for more details.

    2. To cancel a membership, the member must provide 30 days written notice to hello@theclubnc.com with a title of “[Name] MEMBERSHIP CANCELATION [Date]”. Please share the reason why if you are comfortable to help THE CLUB continue to improve.

    3. The booking window for classes opens Sunday at 5 pm for the upcoming week.

  2. Cancellation Policy: Members

    1. Credits will be forfeited for late cancellations and no shows.

  3. Cancellation Policy: Drop Ins and Class Packs

    1. Late cancellations (within 12 hours of class start) will incur a fee of $15.

    2. No shows will incur a fee of $20.

    3. Credits will be forfeited for late cancellations and no shows.

  4. Late Arrival Policy

    1. If a class is waitlisted and a client has not checked in by 3 minutes prior to class start, the spot will be given to a waitlisted client.

    2. New riders are required to arrive at least 15 minutes prior to class start. Returning clients are required to arrive at least 5 minutes prior to class start. 

    3. No clients will be admitted once class has started or when doors are closed.

 

I agree that this Agreement is binding upon my heirs, assignees and personal representatives. I voluntarily give up the substantial legal rights, including the right to sue the releases.

 

I represent that I am of legal age and have the legal capacity to sign this Agreement.

 

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

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