TERMS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY:
We know that not everyone is comfortable with legal jargon so we’ve tried our best to break this up into easily digestible sections that detail different aspects of our services. Essentially, what it says is that we do our best to provide you with a great service, governed by reasonable rules and expectations:
Please read these Terms & Service (“Agreement” or “Term of Service”) carefully before using www.body-politik.com (“the Site”) operated by ERC Fitness LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the site at www.body-politik.com.
This Terms of Service is an agreement between you and Body Politik (“us”, “we”, or “our”). This Terms of Service (collectively, the “Terms of Service” or “Agreement”) applies to your use of the website, www.body-politik.com (the “Site”), our mobile apps, and other services that we provide, including services provided at our studios (the “Services”).
By, as applicable, accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the mobile app(s), or contributing content or other materials to the Site or on or via the mobile app(s), you agree to be bound by the Terms of Service. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms of Service. Please read the Terms of Service carefully and save it. If you do not agree with it, you should leave the Site and/or mobile app and discontinue use of the Services immediately.
Changes to this Agreement
We reserve the right to modify the Terms of Service at any time, in our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or mobile apps, or other manner. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.
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.
Accessing the Services and Account
To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.
Body Politik's Services are intended for individuals who are at least eighteen (18) years of age, and by using the Services, you represent and warrant that you are at least 18. Body Politik may, in its sole discretion, make exceptions permitting an individual under the age of 18 to participate. Any such exception requires the express written or electronic consent of the minor's parent or legal guardian, who must agree to this Agreement, including its assumption of risk and release of liability provisions, on the minor's behalf and assumes full responsibility for the minor's compliance with these terms.
From time to time, we may restrict access to some or all parts of the Services, including studio classes, the Site, and mobile apps.
In order to access some Services available on the Site and mobile app, you will have to create an account. You may not use another person's account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with the Terms of Service. You agree not to use the Services:
For any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation;
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.
Additionally, you agree not to:
Use the Services for any commercial purpose;
Use the Services in any manner that could disable, overburden, damage, or impair the Site or mobile app or any other party’s use of the Services;
Use any robot, spider or another automated device, process, or means to access the Service for any purpose;
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
Otherwise, attempt to interfere with the proper working of the Service.
Mobile Services
Some of the Services may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Body Politik via your mobile phone, (ii) the ability to receive and reply to Body Politik messages, (iii) the ability to browse Body Politik from your mobile phone and (in) the ability to access certain Body Politik features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for the 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, it any, may be applicable to your use of such Mobile Services.
Termination & Survival
We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any membership that you have purchased, at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local studio directly via phone or email. We may terminate your account or membership at any time, without warning, if you breach the Terms of Service. If we terminate your account or membership because you have breached the Terms of Service, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or class packages.
The following provisions will survive termination of this Agreement: (1) Termination; Survival; (2) Assignment; (3) Intellectual Property Rights; (4) Legal Disputes and Arbitration Agreement for Users in the United States and Canada; (5) Governing Law; (6) Indemnity; (7) Limitation of Liability.
Third-Party Sites
Our Site and mobile apps may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or mobile apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
Privacy Policy
We are committed to protecting your privacy. This privacy policy discloses what personally identifiable information is collected from you through our website, how it is used, and with whom it may be shared. It also outlines the choices available to you regarding the use of your data and the security procedures in place to protect the misuse of your information.
Please read this privacy policy before using this site or submitting your personal information. By using this site, you are accepting the practices described in this privacy policy.
Information Collection and Use Sharing
We at Body Politik are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. This information includes names, postal addresses, phone numbers, email addresses, credit card information, etc. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.
Unless you ask us not to, we may contact you via email in the future to tell you about classes, events, or announcements, or changes to this privacy policy.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.
Assignment
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
Fees
You acknowledge that Body Politik charges fees for its services, and subject to the applicable law and reserves the right to change its fees from time to time at its discretion.
Intellectual Property
The content on the Site and mobile apps, 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 Body Politik, 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. We reserve 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 Body Politik.
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.
Feedback
You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited, and without restriction, and Body Politik does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant Body Politik the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties.
Body Politik does not waive any rights to use similar or related feedback or ideas known to Body Politik developed by employees, or obtained from other sources.
Entire Agreement & No Waiver
The Terms of Service, together with our Privacy Policy, and any other legal notices published on the Site or mobile app(s), shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions, and writings regarding the Services. If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.
No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.
Service Interruptions
Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.
Severability and Waiver
A failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.
Notifications
We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. Body Politik is not responsible for any automatic filtering that you or your network provider may apply to such notifications.
Interpretation
In construing or interpreting the Terms of Service, headings are for convenience only, and not to be considered.
CLIENT AGREEMENT, STUDIO POLICIES, ASSUMPTION OF RISK & RELEASE OF LIABILITY
This Client Agreement, Studio Policies, Assumption of Risk and Release of Liability (“Agreement”) applies to participation in classes, private sessions, workshops, events, training programs and other services offered by ERC Fitness LLC dba Body Politik, an Arizona limited liability company (“Body Politik,” “Studio,” “we,” “us” or “our”).
By signing or electronically accepting this Agreement, the individual participating in Body Politik services (“Participant” or “Client”), or where legally applicable the Participant’s parent or legal guardian, acknowledges that they have read, understand and voluntarily agree to the following terms.
PART I — STUDIO POLICIES & CLIENT TERMS
1. AGE REQUIREMENT
Participants must meet Body Politik’s minimum age requirements in effect at the time of participation.
Participants under eighteen (18) may be required to obtain the consent of a parent or legal guardian and may be subject to additional restrictions based on age, class format, equipment or applicable law.
Body Politik reserves the right to establish or modify reasonable age requirements for particular classes, services or equipment.
2. RESERVATIONS
Class reservations are subject to availability and must be made through a booking method authorized by Body Politik.
Participants must be physically present and checked in at the beginning of their scheduled class.
A reservation does not guarantee that a particular machine, station or position within the room will be available.
If a Participant is not present at the scheduled class start time, Body Politik may release the Participant’s reservation to another client, including a client on the waitlist.
3. CANCELLATION POLICY
Cancellation requirements and penalties are determined by the specific membership, package, promotional offer or service purchased by the Client.
Unless different terms are expressly provided at the time of purchase, the following policies apply:
Drop-Ins, Class Packs, and Limited Monthly Memberships: Reservations must be canceled at least twelve (12) hours before the scheduled class start time. A reservation canceled within twelve (12) hours of class will result in forfeiture of the applicable class credit.
Unlimited Monthly Memberships: Reservations must be canceled at least eight (8) hours before the scheduled class start time. A reservation canceled within eight (8) hours of class may result in the late-cancellation fee disclosed with the membership.
Body Politik may establish different cancellation windows or penalties for particular products, memberships, promotions, private sessions, workshops, events or other services. Where specific purchase terms conflict with this general policy, the terms associated with the Client’s specific purchase control.
4. NO-SHOWS
Failure to attend a reserved class without properly canceling the reservation constitutes a no-show.
No-shows may be subject to the fee and/or credit forfeiture associated with the Client’s applicable membership, package or purchase.
Body Politik reserves the right to restrict future reservations or take other reasonable action in response to repeated no-shows.
5. WAITLIST
When a class is full, Clients may have the option to join a waitlist.
By joining a waitlist, Client acknowledges that a reservation may be created automatically if a space becomes available within the applicable automatic-enrollment window.
Clients are responsible for monitoring their reservations and removing themselves from a waitlist if they are no longer able or willing to attend.
Once a Participant has been moved from the waitlist into a confirmed reservation, the applicable cancellation and no-show policies may apply.
Body Politik may establish a cutoff time after which Clients will no longer be automatically moved into class from a waitlist.
6. FIRST-TIME CLIENTS
Clients attending Body Politik for the first time must arrive sufficiently early to receive an introduction to the Studio, applicable class format and equipment.
Body Politik may refuse participation if a first-time Client arrives too late to receive the required orientation.
Prior participation in Lagree, Pilates, climbing-based fitness or another similar exercise method does not waive Body Politik’s first-time orientation requirement.
7. LATE ARRIVALS
Classes begin promptly.
Body Politik may refuse admission after class begins when permitting late entry could create a safety issue or disrupt the class.
When a class has a waitlist, an unclaimed reservation may be released at or after the scheduled class start time.
Calling the Studio to report that Client is running late does not guarantee that the reservation will be held.
8. MEMBERSHIP TERMS AND AUTOMATIC RENEWAL
Certain Body Politik memberships automatically renew.
The initial commitment period, recurring charge, billing frequency, cancellation requirements and other material membership terms will be disclosed in connection with the applicable membership purchase.
By purchasing an automatically renewing membership, Client authorizes Body Politik and its authorized payment processor to charge the payment method on file in accordance with those disclosed terms until the membership is properly canceled.
Client is responsible for reviewing the specific terms applicable to the membership Client purchases.
Membership cancellation must be completed using a cancellation method authorized by Body Politik and in accordance with the terms applicable to that membership.
Failure to use an authorized cancellation method may not constitute cancellation of the membership.
Amounts already properly charged before the effective date of cancellation are non-refundable except where required by law.
9. PAYMENT AUTHORIZATION
Client authorizes Body Politik and its authorized payment processor to charge Client’s payment method for:
purchases initiated by Client;
recurring membership payments authorized by Client;
applicable late-cancellation and no-show fees;
other fees expressly authorized under Client’s membership, package or purchase terms.
Client is responsible for maintaining current and valid payment information.
Declined or expired payment methods do not automatically terminate an active membership or eliminate amounts properly owed.
10. REFUNDS, EXPIRATIONS AND UNUSED CREDITS
Except as otherwise expressly stated in the terms of a particular purchase or required by applicable law, purchases are final and non-refundable.
Class credits, packages, introductory offers and promotional purchases may have expiration dates.
Unused or expired credits have no cash value and are not redeemable for cash except where required by law.
Expiration dates are not extended except where expressly permitted by the applicable purchase terms or required by law.
11. PERSONAL BELONGINGS
Clients are encouraged to secure personal belongings in designated storage areas.
Personal property brought into a Body Politik location or any location at which a Body Politik Activity occurs remains at the Client’s sole risk.
To the fullest extent permitted by law, Body Politik is not responsible for lost, stolen, misplaced or damaged personal property.
12. STUDIO CONDUCT
Clients are expected to conduct themselves respectfully and safely toward instructors, employees, other Clients and Studio property.
Body Politik may refuse service, remove a Participant from a class, suspend booking privileges or terminate a Client relationship when reasonably necessary because of unsafe, threatening, abusive, harassing, disruptive or inappropriate conduct; intentional damage to property; repeated disregard of Studio policies; or conduct that materially interferes with the experience or safety of others.
Any refund rights following termination will be determined by applicable law and the terms of the Client’s purchase.
PART II — PARTICIPATION, EQUIPMENT & HEALTH
13. VOLUNTARY PARTICIPATION
Client understands that participation in Body Politik activities is voluntary.
Activities may include, without limitation, Lagree Fitness, Megaformer or MegaPro exercise, VersaClimber or climbing-based exercise, cardiovascular conditioning, strength and resistance training, weighted exercise, stretching, mobility, balance exercises, combination formats, private instruction, workshops, special events and other fitness or wellness activities introduced by Body Politik from time to time (“Activities”).
Client independently chooses whether and to what extent to participate.
14. ACKNOWLEDGMENT OF PHYSICAL RISKS
Client understands that exercise involves inherent and other risks, both known and unknown.
Risks may include, without limitation:
muscle soreness; strains; sprains; torn muscles or ligaments; joint injuries; repetitive-use injuries; fractures; falls; loss of balance; collisions; back, neck or spinal injuries; cardiovascular events; changes in blood pressure; dizziness; fainting; dehydration; overheating; shortness of breath; aggravation of existing injuries or medical conditions; allergic or sensitivity reactions; equipment-related injuries; serious bodily injury; disability; and, in rare circumstances, death.
Client understands that an injury can occur even when reasonable precautions are taken, instructions are followed and equipment functions as intended.
Client knowingly and voluntarily assumes the inherent risks associated with participation.
15. SPECIALIZED FITNESS EQUIPMENT
Body Politik Activities may involve specialized equipment, including but not limited to:
Megaformers; MegaPros; VersaClimbers; moving carriages; platforms; resistance springs; cables; straps; handles; poles; bungees; dumbbells; free weights; resistance bands; balance devices; and other fitness or training equipment (“Equipment”).
Client understands that Equipment may move, slide, shift, rotate, create resistance or instability, or require balance, coordination, strength and attention.
Risks associated with Equipment may include falling; slipping; losing balance or control; pinching; entanglement; unexpected movement; excessive resistance; dropped Equipment; improper positioning; entering or exiting Equipment; Equipment malfunction; contact with another person or object; and incorrect or unintended use.
Client voluntarily assumes the inherent risks associated with use of Equipment.
16. EQUIPMENT USED UNDER INSTRUCTOR DIRECTION
Client understands that an instructor may direct, suggest, demonstrate or assist Client in using Equipment or performing a particular movement, modification, progression, resistance setting, speed or range of motion.
Instructor direction does not guarantee that a movement or piece of Equipment will be appropriate for every individual or eliminate the risks associated with that movement or Equipment.
Client remains responsible for monitoring Client’s physical condition and deciding whether Client can safely perform a movement or use Equipment.
Client may decline or discontinue any exercise at any time.
To the fullest extent permitted by Arizona law, Client assumes the risks associated with Equipment use and Activities performed under the direction, recommendation, demonstration or guidance of a Body Politik instructor.
17. CLIENT-ELECTED OR INDEPENDENT EQUIPMENT USE
Client may sometimes choose to use, adjust or interact with Equipment differently from the manner demonstrated or recommended by an instructor.
Client understands that doing so may increase the risk of injury.
Client assumes responsibility for Client’s voluntary decision to perform a progression, increase resistance, change speed or range of motion, adjust Equipment, use optional Equipment or otherwise deviate from instructor guidance.
Client agrees not to use Equipment in a manner Client knows or reasonably should know is unsafe.
18. INSTRUCTOR ROLE
Body Politik instructors provide fitness instruction. Unless expressly stated otherwise, instructors are not providing medical care, physical therapy, diagnosis or individualized medical advice.
An instructor cannot continuously monitor every Client and may not know a Client’s complete medical history, physical limitations, pregnancy status, injuries, medications or individual response to exercise.
Client understands that instructor demonstrations, corrections, hands-on adjustments, modifications, progressions and regressions constitute fitness instruction and not medical advice.
19. HANDS-ON CORRECTIONS AND ASSISTANCE
During an Activity, instructors may offer physical or hands-on corrections, positioning assistance or other physical guidance intended to assist with form, alignment or safe Equipment use.
Client may decline hands-on assistance at any time by informing the instructor.
Client understands that hands-on guidance cannot eliminate all risk of injury and remains responsible for communicating pain, discomfort, injuries or limitations.
20. CLIENT RESPONSIBILITY TO MODIFY OR STOP
Client is never required to perform a movement merely because an instructor demonstrates or recommends it.
Client agrees to stop or modify an Activity when Client experiences pain, unusual discomfort, dizziness, faintness, weakness, loss of balance, unusual shortness of breath or another symptom that makes continued participation unsafe.
Client agrees to promptly notify the instructor when Client experiences a safety concern involving Equipment.
PART III — HEALTH & MEDICAL ACKNOWLEDGMENTS
21. HEALTH RESPONSIBILITY
Client is responsible for determining whether Client is physically capable of participating in Body Politik Activities.
Body Politik does not perform medical examinations or independently determine whether a Client is medically cleared to exercise.
Client is encouraged to consult an appropriate healthcare professional before beginning or continuing an exercise program, particularly if Client has or develops a medical condition, has sustained an injury, has undergone recent surgery, has experienced fainting or dizziness, has cardiovascular or respiratory concerns, is pregnant or postpartum, or has another condition that may affect safe participation.
22. DISCLOSURE OF LIMITATIONS
Client is responsible for communicating relevant physical limitations, injuries or restrictions when reasonably necessary for safe participation.
Providing such information to an instructor does not make Body Politik or the instructor responsible for determining whether Client is medically fit to participate.
23. PREGNANCY AND POSTPARTUM PARTICIPATION
Pregnancy and postpartum recovery can affect balance, cardiovascular response, joint stability, strength and exercise tolerance.
Pregnant and postpartum Clients are responsible for obtaining appropriate medical advice concerning exercise and complying with restrictions provided by their healthcare professionals.
Body Politik instructors may provide general fitness modifications but do not provide individualized prenatal, postpartum or medical care unless expressly qualified and engaged to do so.
24. EMERGENCY MEDICAL RESPONSE
If Client experiences an injury or medical emergency, Client authorizes Body Politik personnel to contact emergency medical services and provide reasonable assistance until professional care becomes available.
Client understands that Body Politik personnel may not be medical professionals.
Client accepts financial responsibility for ambulance services, emergency treatment, hospital care or other medical expenses incurred on Client’s behalf.
PART IV — OPTIONAL AMENITIES, PRODUCTS & EXPERIENCES
25. OPTIONAL AMENITIES
Body Politik may offer complimentary or paid amenities intended to enhance the Studio experience (“Amenities”).
Amenities may include, without limitation:
chilled towels; eucalyptus or scented towels; essential oils; fragrances; aromatherapy products; electrolyte beverages or powders; infused or flavored water; food or beverage samples; supplements; skincare or personal-care products; recovery products; heating or cooling products; wellness products; promotional products; or other amenities offered from time to time.
Participation in or use of Amenities is entirely voluntary.
Client is never required to use or consume an Amenity as a condition of participating in a Body Politik class.
26. AMENITY RISKS AND CLIENT RESPONSIBILITY
Client understands that Amenities may contain or come into contact with ingredients, allergens, fragrances, essential oils, chemicals or other substances that may cause an adverse reaction.
Possible reactions may include, without limitation, skin irritation, respiratory irritation, allergic reaction, gastrointestinal symptoms, sensitivity or other adverse effects.
Client is responsible for determining whether an Amenity is appropriate for Client based on Client’s allergies, sensitivities, dietary restrictions, medications, medical conditions and personal circumstances.
Body Politik does not guarantee that an Amenity is allergen-free or appropriate for every individual.
Client voluntarily assumes the inherent risks associated with choosing to use or consume an Amenity.
To the fullest extent permitted by applicable law, Client releases the Released Parties from claims arising from Client’s voluntary participation in or use of Amenities, including claims arising from the ordinary negligence of a Released Party.
27. THIRD-PARTY PRODUCTS
Body Politik may make products manufactured, distributed or supplied by third parties available to Clients.
Unless expressly stated otherwise, Body Politik is not the manufacturer of such products and does not independently warrant their ingredients, effectiveness, safety or suitability for Client.
Client is responsible for reviewing available product information and deciding whether a product is appropriate before using or consuming it.
PART V — RELEASE, WAIVER & ASSUMPTION OF RISK
28. RELEASED PARTIES
For purposes of this Agreement, “Released Parties” means ERC Fitness LLC dba Body Politik and its current and future locations, affiliates, owners, members, managers, officers, employees, instructors, trainers, agents, independent contractors, representatives, successors and assigns, together with other persons or entities entitled to protection under this Agreement.
29. EXPRESS ASSUMPTION OF RISK
CLIENT KNOWINGLY AND VOLUNTARILY ACCEPTS AND ASSUMES THE INHERENT AND OTHER RISKS ASSOCIATED WITH:
PARTICIPATION IN BODY POLITIK ACTIVITIES;
USE OF BODY POLITIK FACILITIES;
USE OF FITNESS OR SPECIALTY EQUIPMENT;
ACTIVITIES PERFORMED UNDER INSTRUCTOR DIRECTION;
CLIENT-ELECTED EQUIPMENT USE OR EXERCISE MODIFICATIONS;
USE OR CONSUMPTION OF OPTIONAL AMENITIES;
AND CLIENT’S PRESENCE ON BODY POLITIK PREMISES.
Client understands that such risks may result in bodily injury, illness, disability, property damage or death.
30. RELEASE AND WAIVER
IN CONSIDERATION FOR BEING PERMITTED TO PARTICIPATE IN BODY POLITIK ACTIVITIES, USE ITS FACILITIES OR EQUIPMENT, RECEIVE ITS SERVICES OR ENTER ITS PREMISES, CLIENT, ON BEHALF OF CLIENT AND CLIENT’S HEIRS, ESTATE, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, KNOWINGLY AND VOLUNTARILY RELEASES, WAIVES AND FOREVER DISCHARGES THE RELEASED PARTIES FROM CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO CLIENT’S PARTICIPATION IN THE ACTIVITIES, USE OF EQUIPMENT, USE OR CONSUMPTION OF AMENITIES, OR PRESENCE ON THE PREMISES.
TO THE FULLEST EXTENT PERMITTED BY ARIZONA LAW, THIS RELEASE EXPRESSLY INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE, NEGLIGENT ACTS OR NEGLIGENT OMISSIONS OF A RELEASED PARTY.
CLIENT UNDERSTANDS THAT THIS MEANS CLIENT IS GIVING UP CERTAIN RIGHTS CLIENT MIGHT OTHERWISE HAVE TO SEEK COMPENSATION FOR AN INJURY OR LOSS.
Nothing in this Agreement releases or waives liability that cannot lawfully be released or waived under applicable law.
31. INDEMNIFICATION
To the fullest extent permitted by applicable law, Client agrees to indemnify and hold harmless the Released Parties from third-party claims, liabilities, damages, costs and reasonable attorneys’ fees arising from Client’s own negligent or wrongful acts, intentional misconduct, violation of Studio safety rules, misuse of Equipment, or conduct causing injury or damage to another person or property.
Nothing in this provision requires Client to indemnify a Released Party to an extent prohibited by applicable law.
PART VI — MEDIA, PRIVACY & COMMUNICATIONS
32. PHOTOGRAPHY AND VIDEO
Body Politik may photograph or record classes, events and Studio activities for marketing, educational, social media, website or promotional purposes.
Client’s participation in identifiable promotional photography or video will be governed by Body Politik’s applicable media-consent practices.
Where an opt-out mechanism is provided, Client may notify Body Politik that Client does not wish to appear in promotional materials.
Body Politik will make reasonable efforts to honor such requests.
33. SECURITY CAMERAS
Body Politik locations may use security cameras in appropriate common areas for security, safety, loss prevention and operational purposes.
Security cameras will not knowingly be placed in areas in which Clients have a reasonable expectation of privacy, such as restrooms or changing areas.
34. CLIENT INFORMATION
Body Politik may collect and maintain information reasonably necessary to manage Client accounts, reservations, payments, communications and Studio operations.
Personal information may be processed by service providers used to operate the Studio, including booking, payment, communications and customer-management providers.
Body Politik’s handling of personal information is subject to its applicable privacy practices and applicable law.
35. ELECTRONIC COMMUNICATIONS
Client understands that Body Politik may send transactional communications reasonably necessary to administer Client’s account, reservations, purchases or memberships.
Marketing email and text communications are subject to Client’s applicable consent choices and rights to opt out.
PART VII — GENERAL TERMS
36. STUDIO LOCATIONS
This Agreement applies to Client’s participation at any Body Politik location and at off-site Activities organized or conducted by Body Politik unless different terms are expressly provided for a particular Activity.
Completing this Agreement at one location does not limit its application solely to that location.
37. CHANGES TO OPERATIONAL POLICIES
Body Politik may reasonably update operational Studio policies from time to time.
Material changes affecting recurring payment obligations, cancellation rights or other contractual rights will be handled in accordance with applicable law and the terms governing the applicable purchase.
38. SEVERABILITY
If a provision or portion of this Agreement is determined to be invalid or unenforceable, that provision shall be enforced to the maximum extent legally permissible, and the remaining provisions shall continue in full force and effect.
39. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Arizona without regard to conflict-of-law principles.
40. DISPUTE RESOLUTION
Any arbitration agreement, class-action waiver, venue provision or other alternative dispute-resolution requirement applicable to the Client relationship should be separately and conspicuously stated and agreed to.
41. NO WAIVER BY BODY POLITIK
Body Politik’s decision not to enforce a policy or contractual right on one occasion does not waive its ability to enforce that policy or right in the future.
42. ENTIRE AGREEMENT
This Agreement, together with the specific terms associated with Client’s membership, package, promotion, event or other purchase and any policies expressly incorporated into those terms, constitutes the agreement governing the subjects addressed herein.
If specific purchase terms conflict with a general operational policy in this Agreement, the specific purchase terms control with respect to that purchase, except where prohibited by law.
43. ELECTRONIC ACCEPTANCE
Client agrees that an electronic signature, checkbox, digital acknowledgment or other affirmative electronic acceptance may constitute Client’s signature and agreement to these terms to the extent permitted by applicable law.
Client agrees that electronic records of Client’s acceptance may be maintained as evidence of Client’s agreement.
PARTICIPANT ACKNOWLEDGMENT
PLEASE READ CAREFULLY BEFORE ACCEPTING.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT.
I UNDERSTAND THAT PARTICIPATION IN FITNESS ACTIVITIES AND USE OF SPECIALIZED FITNESS EQUIPMENT INVOLVE RISKS OF INJURY.
I UNDERSTAND THAT I AM RESPONSIBLE FOR DETERMINING WHETHER I CAN SAFELY PARTICIPATE AND THAT I MAY DECLINE, MODIFY OR STOP AN EXERCISE AT ANY TIME.
I UNDERSTAND THAT MY USE OF OPTIONAL STUDIO AMENITIES IS VOLUNTARY AND THAT I AM RESPONSIBLE FOR DETERMINING WHETHER THOSE AMENITIES ARE APPROPRIATE FOR ME.
I UNDERSTAND THAT THIS AGREEMENT CONTAINS AN ASSUMPTION OF RISK AND A RELEASE AND WAIVER OF CERTAIN LEGAL RIGHTS.
I SPECIFICALLY UNDERSTAND THAT, TO THE FULLEST EXTENT PERMITTED BY ARIZONA LAW, THE RELEASE INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.
I HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS BEFORE ACCEPTING THIS AGREEMENT.
I VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS.