TERMS OF SERVICE
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.retrofitweho.com ("the Site") operated by Retrofit LLC ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.retrofitweho.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 Retrofit Services. You are only authorized to use the Retrofit 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 Retrofit website and discontinue use of Retrofit Services immediately. If you wish to take a class or classes at Retrofit, 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 Retrofit account through Mindbody. 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 12 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT CLASS. This includes switching time slots under the 12-hour notice time period. You may cancel class through our online system or by calling the 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.
CLASS PACKAGES
Members who purchase ANY class package are subjected to a penalty charge for either a late cancel or an absence should they not cancel their reservation within the allotted 12-hour window.
PERSONAL BELONGINGS
You agree that Retrofit 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.
STUDIO RULES AND REGULATIONS
• All classes and packages are non-transferable and non-refundable. No exceptions.
• Put away all equipment at the end of class.
• Always bring cardio equipment to a complete stop before jumping off.
• Do not put anything on the cardio equipment. (i.e. weights or equipment)
• Towels and workout attire are required during class.
• Reserved classes must be changed or canceled within 12 hours of scheduled time or it will be forfeited.
• All class packages are subject to a penalty fee for a late cancel or absence.
• Students may not vary from instructed exercises unless specifically modified by Retrofit trainer.
• All injuries must be reported before each class.
• You should arrive at least 10 minutes prior to class. If you are not physically present and have not signed in within five minutes before the start of your scheduled class, your spot may be released to an individual on the waitlist.
LIMITATION OF LIABILITY
By signing your initial contract and/or attending classes, events, activities, and other programs and using the Retrofit 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 Retrofit workout program. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that Retrofit 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 trainers and staff. In consideration of being allowed to participate in and access the Retrofit 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 Retrofit classes and studio facilities, (2) release, indemnify, and hold harmless Retrofit, subsidiary affiliate entities and franchisees, 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 Retrofit classes or Retrofit studio facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Retrofit's 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 Retrofit classes and use of studio facilities, and should not be participating in any classes.
INTELLECTUAL PROPERTY AND TRADEMARKS
The content on the Retrofit 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 Retrofit, 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. Retrofit 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 Company are non-confidential and shall become the sole property of Retrofit.
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.
" Retrofit," " RetrofitWeho," and the Retrofit icon and other graphics, logos, wordmarks, and designs are trademarks of Retrofit in the U.S. and/or other countries for which applications are pending. Retrofit's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Retrofit.
MOBILE SERVICES
Retrofit 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 Retrofit via your mobile phone, (ii) the ability to receive and reply to Retrofit messages, (iii) the ability to browse Retrofit from your mobile phone and (iv) the ability to access certain Retrofit 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 Retrofit 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.
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.
THIRD PARTY SITES
Our Site may contain links to third-party sites that are not owned or controlled by Retrofit LLC.
Retrofit LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
GOVERNING LAW
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, USA, without giving effect to any principles of conflicts of law.
CHANGES TO THIS AGREEMENT
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.
ELIGIBILITY
Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using Retrofit Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.
TERM
These Terms of Service shall remain in full force and effect while you use the Retrofit Services or attend classes. You may terminate your membership at any time, for any reason, by contacting your local studio directly via phone or email. Retrofit 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.
FEES
You acknowledge that Retrofit charges fees for its services, and Retrofit reserves the right to change its fees from time to time in its discretion. If Retrofit terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
ENTIRE AGREEMENT; NO WAIVER
These Terms of Service, together with our Privacy Policy, and any other legal notices published by Retrofit on the website, shall constitute the entire agreement between you and Retrofit concerning our website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Retrofit's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Retrofit reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Retrofit website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
ARBITRATION
YOU AND RETROFIT AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
CONTACTING US
If you have any questions about these Terms of Service, the practices of Retrofit or its services, or your dealings with this site, please contact us at:
Retrofit LLC
7624 Santa Monica Blvd
West Hollywood, CA 90046
(323) 336-6710
These Terms of Service have been updated and effective as of April 1, 2016.
