Terms and Conditions
RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in exercise class(s) organized by Workout Bar, of 851 Showroom Pl, Chula Vista, California, 91914 and/or use of the property, facilities and services of Workout Bar, I agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Workout Bar employees, representatives or agents of Workout Bar.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Workout Bar for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Workout Bar, whether caused by the fault of myself, my family, Workout Bar or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Workout Bar against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Workout Bar.
4. FEES. I agree to pay for all damages to the facilities of Workout Bar caused by any negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Workout Bar has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either ""for"" or ""against"" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
Welcome to the #WBFam! We're celebratin' over here in the lounge, and can't wait for you to join in! Here are some deets on what your membership entails:
- CANCELLATIONS: Membership can be canceled at any time - there are no silly penalties here. We love our athletes and hope you will stay, but we understand if you gotta go. Cancellations must be made in writing through our online form, found on our website.
- SUSPENSIONS: Life gets crazy, we get it. Athletes have the option to suspend their membership for a minimum of 14 days to a maximum of 60 days. Athletes can suspend up to 2 times per year. (Active duty military/moms-to-be/any other unique cases - please contact us for special arrangements.) As with cancellation requests, suspension requests must be submitted formally through our online form, found on our website.
- MONTHLY PAYMENTS: Automatic monthly electronic funds transfer (EFT) happens on the first day you sign up, and every month on the same date, or next business day. Once an EFT is processed, it cannot be refunded. Any changes to your account must be made in writing, via a suspension or cancellation form. Please note: it is the responsibility of the client (Athlete) to keep record of their submitted form(s). Please allow up to 24 hours for account changes to reflect.
- REFUNDS: Refunds on products or services are handled on a case-by-case basis. Please note, membership payments (EFT) cannot be refunded once they have been processed. All sales of Workout Bar products, services, and memberships are considered non-refundable unless otherwise stated.
- HEART RATE TECHNOLOGY: Upon joining the #WBFam, you have three free Heart Rate Monitor (HRM) rentals - after this, you may purchase your own HRM, or rent them for $5 per class.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. I AGREE TO THE TERMS AND CONDITIONS SURROUNDING MEMBERSHIPS.