Terms and Conditions
a. Death or Disability: Cancellation of the contract may occur if the member dies of becomes physically unable to avail him/herself of substantial portion of those services which (s)he used from the commencement of the contract until the time of disability, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks remaining the contract term. Illuminate Sweat may require a buyer or the buyer’s estate seeking relief under this paragraph to proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under Chapter 458,459,460 or Chapter 461 provided the diagnosis or treatment is within the physician’s scope of practice.
b. Permanent Relocation: Should member(s) permanently move their residence more than 10 miles from Illuminate Sweat’s main location, payment on this agreement will be suspended upon acceptable written verification (cancellation request form) of the move is received by Illuminate Sweat Withstanding not a cancellation under this clause, the member shall remain liable for all installment payments prior to the date of move.
c. The member may cancel the contract if Illuminate Sweat goes out of business and fails to provide equal quality facilities within 30 days at no additional cost within 5 driving miles of, or if its facilities move more than 5 driving miles from [STUDIO ADDRESS] upon written notice by the Member. If the State Department determines that a refund is due the buyer, refund of this contract shall be an amount computed by dividing the total price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of a health studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises:
1. Upon Sale, for not more than 14 days
2. During ownership, for not more than 7 consecutive days and not more than 2 periods of 7 consecutive days in any calendar year.
The member should contact the State Department of Agriculture and Consumer Services within 60 days if Illuminate Sweat goes out of business.
d. Any notice of intent to cancel by the buyer shall be given in writing to Illuminate Sweat. Such a notice of cancellation from the consumer shall also terminate automatically the consumer's obligation to any entity to whom Illuminate Sweat has subrogated or assigned the consumer's contract. If Illuminate Sweat wishes to enforce such contract after receipt of such showing, it may request the department to determine the sufficiency of the showing.
e. If Illuminate Sweat requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the health studio shall provide the buyer with the means of such identification.
Freeze Policy: A member has the option to freeze their membership for 30 days. 6 month unlimited contracts or greater may suspend their account up to 2 x per year.
2. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
3. JURISDICTION: To the full extent permissible by law, for purposes of any dispute arising out of this agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the State of Texas and to the application of Texas law. Any action hereunder shall be brought in [COUNTY], Texas. A condition precedent to any suit or action arising from any dispute between the parties shall be mediation pursuant to Texas Statute.
4. ENTIRE AGREEMENT: The Member and Illuminate Sweat acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except in written form executed by both parties.
5. CANCELLABILITY AND TRANSFERABILITY: This membership is not negotiable, transferable, or cancelable except as otherwise provided herein. Notice of intent to cancel by the buyer shall be given in writing, within 30 calendar days before next payment, to Illuminate Sweat. Member may cancel at any time and for any reason. Such a notice of cancellation from the consumer shall also terminate automatically the consumer’s obligation to any entity to whom the health studio has subrogated or assigned the consumer’s contract. If the health studio wishes to enforce such contract after receipt of such showing, it may request the department to determine the sufficiency of the showing. You, the buyer, may cancel this agreement penalty-free within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all monies paid under the contract, except that the health studio retain an amount computed by dividing the number of occasions health studio was used are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that the health studio services have been rendered. A refund shall be issued within 30 days after the receipt of the notice of cancellation made within the 3-day provision.
6. EARLY TERMINATION: If membership is cancelled prior to end of contract, member agrees to pay 50% of remaining contract balance.
Sessions allotted within each month must be used before end of month or they expire. Sessions do not rollover to next month.
Please note your membership and/or package may be subject to sales tax per your state law. Additional session and late cancel/no-show rates may vary by location. All sessions pre-purchased as a package or individually, if not used, expire one year after their purchase.
DROP IN CLASS- Member agrees to submit an active credit card on file to reserve spot when booking a class. Member understands and agrees that credit card will be charged $25.00 if member no shows and does not cancel reservation.
I hereby authorize Illuminate Sweat LLC to charge my credit on file in lieu of presenting it for any services, retail items, packages or memberships upon my request.
3 Hour Class Cancellation Policy:
Illuminate Sweat enforces a strict 3 hour class cancellation policy. If you have reserved your place in an Illuminate Sweat Class and fail to cancel 3 hours in advance you will be charged $10 and/or forfeit a session for the class.
Late Arrival Policy:
Illuminate Sweat enforces a strict Late Arrival Policy. If you are more than 5 minutes late for your class you may lose your spot and may incur a Late Cancel Charge and/or forfeit a class session. You must be on time to class to properly stretch and warm-up prior to engaging in a class. No entry into class after 10 mins.
Dress Code Policy:
Illuminate Sweat wants you to come to class fully prepared for strenuous activity: enclosed running shoes, athletic shorts/pants, athletic t-shirt, towel and water bottle. We reserve the right to refuse your entrance into the studio if you are not properly attired.