Terms of Service

PLEASE READ CAREFULLY

TERMS OF SERVICE


Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.luxbodyfitness.com ("the Site") operated by LUXBODY, LLC ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.luxbodyfitness.com. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of LUXBODY Services. You are only authorized to use the LUXBODY Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the LUXBODY website and discontinue use of LUXBODY Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.

ACCOUNTS
In order to access some features of the website, you will have to create a LUXBODY account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

MEMBER SERVICES AND POLICIES
CANCELLATIONS: As stated in the membership agreement, YOU MUST CANCEL CLASS 1-HOUR IN ADVANCE OR YOU WILL BE CHARGED A LATE-CANCEL FEE OF $10. This includes switching time slots under the 1-hour notice time period. You may cancel class through our online system or by calling the applicable studio directly.

RESERVATIONS: You must be physically present 5 MINUTES PRIOR TO THE START of your scheduled class or your spot may be given to a waitlisted client.

MEMBERSHIP PACKAGES: Members who purchase ANY membership package (such as, but not limited to drop-in, new member, 1-month unlimited, 5-PACK, 10-PACK, 15-PACK, 20-PACK, STUDENT 10-PACK, ATTRACTED, COMMITTED, OBESSED, or future promotional programs or membership packages) are subjected to a penalty charge for either a late cancel or an absence should they not cancel their reservation within the allotted 1-hour window.

PERSONAL BELONGINGS: You agree that LUXBODY is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.

LUXBODY CLASS RULES AND REGULATIONS

  • • Clients should arrive 10-minutes prior to class. If you are not physically present and have not signed-in five (5) minutes before the start of class, your spot may be released to a waitlisted client.

  • • Indoor shoes, ONLY. Street shoes are not permitted on workout floor before, during, or after class.

  • • All injuries must be reported before each class.

  • • Clients may not vary from instructed exercises (unless pre-approved as a modification) or may not vary use of equipment instructed by your trainer during class.

  • • All first-time clients should arrive 15-minutes prior to class. All arrivals past ten (10)-minutes prior to the start of class will not be permitted in class.

  • • No side-conversations during the workout.

LUXBODY RESERVATIONS AND CHARGES

  • • Class registration information includes but is not limited to clients ADDRESS, EMAIL, PHONE NUMBER, EMERGENCY CONTACT, and BILLING (credit/debit card). LUXBODY, LLC. does not collect any personal information about individuals such as address, email, phone number, emergency contact, and billing except when such information is knowingly provided to LUXBODY, LLC.

  • • All classes and membership packages are non-transferable and non-refundable. No exceptions.

  • • No sharing of packages or memberships allowed.

  • • Reserved classes must be changed or cancelled prior to 1-hour before it’s scheduled time or it will be charged a late-cancel fee of $10.

  • • All late-cancel fees are processed and charged on the first of the month.

  • • No holds for 3-month and 6-month contracted memberships (such as but not limited to ATTRACTED MEMBERSHIP, COMMITTED MEMBERSHIP, OBSESSED MEMBERSHIP). All annual contracted memberships are subject to one (1) hold per contract term for a 90-day max period. A 7-day notice is required.

  • • No cancellations for 3-month, 6-month, and annual contracted memberships (such as but not limited to ATTRACTED, COMMITTED, OBSESSED) unless: medical, pregnancy, or relocation. Please review membership contracts for further details.

  • • All failed auto-charges and/or payments due via credit/debit are subject to a $3 processing fee.

  • • Memberships with failed payments 30-days past due are subject to termination. Termination fees may apply to 3-month, 6-month, and Annual contracted memberships (such as but not limited to Accelerated Membership, Committed Membership, and Obsessed Membership)

LIMITATION OF LIABILITY
By signing your initial contract and/or attending classes, events, activities, and other programs and using the LUXBODY studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the LUXBODY workout program. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that LUXBODY strongly recommends that you consult with your physician prior to commencing any class. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further 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 instructors and staff. In consideration of being allowed to participate in and access the LUXBODY classes and studio 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 LUXBODY classes and studio facilities, (2) release, indemnify, and hold harmless LUXBODY, subsidiary affiliate entities, and each of their respective members, employees and 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 LUXBODY classes or LUXBODY studio facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of LUXBODY classes and studio 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 participating in LUXBODY classes and use of studio facilities, and should not be participating in any classes.

MOBILE SERVICES
LUXBODY Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase LUXBODY via your mobile phone, (ii) the ability to receive and reply to LUXBODY messages, (iii) the ability to browse LUXBODY from your mobile phone and (iv) the ability to access certain LUXBODY features through a mobile application you have downloaded and installed on your mobile phone (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 regarding LUXBODY and other entities 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.

INTELLECTUAL PROPERTY RIGHTS AND TRADEMARKS
The following trademarks of LUXBODY, LLC are proprietary to LUXBODY, LLC and may not be used by you for any reason other than as expressly permitted by these terms: LUXBODY, LLC.
The content on the LUXBODY’S website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to LUXBODY, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. LUXBODY reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to LUXBODY are non-confidential and shall become the sole property of LUXBODY. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

CHOICE OF LAW
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Michigan, USA, without giving effect to any principles of conflicts of law.

POLICY CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

TERMINATION
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

ACCEPTANCE OF TERMS
These Terms of Service shall remain in full force and effect while you use the LUXBODY Services or are a Member. LUXBODY may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.

CONTACTING US
If you have any questions about these Terms of Service, the practices of LUXBODY or its services, or your dealings with this site, please contact us at:
LUXBODY
128 S Union Street
Traverse City, MI 49684
(231) 642-2618
info@luxbodyfitness.com
These Terms of Service have been updated and effective as of February 1st, 2017.

 

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