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ASSUMPTION OF RISK/AGREEMENT TO PARTICIPATE: By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of The Ark Fit and its subsidiaries, I (myself or my child or legal dependent) hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in working out and exercise equipment in association with the Classes and Facilities.
I (myself or my child or legal dependent) acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I (myself or my child or legal dependent) also 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, I (myself or my child or legal dependent) shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the The Ark Fit staff, you would be at physical risk participating in The Ark Fit's Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish The Ark Fit with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing The Ark Fit's concerns and stating that The Ark Fit's concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, I (myself or my child or legal dependent)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 Classes and Facilities, (2) release, indemnify, and hold harmless The Ark Fit, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, 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 Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of The Ark Fit's Classes and 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 using The Ark Fit's Classes and Facilities, and should not be participating in any Classes.
By signing this agreement, I (myself or my child or legal dependent) acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I(myself or my child or legal dependent) may be exposed to or infected by COVID-19 by attending The Ark Fit and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Club may result from the actions, omissions, or negligence of myself and others, including, but not limited to, The Ark Fit employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the Club or participation in The Ark Fit programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the The Ark Fit, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of The Ark Fit, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Club program.
FITNESS GYM RULES: The following rules are not all of the rules for The Ark Fit: Put away all equipment at the end of class. Wipe off any sweat left on any equipment. Do not put anything on the cardio equipment. (i.e. weights or other equipment). You are required to bring your own towel and water bottle to every class as complimentary services are suspended until further notice. Reserved classes must be modified or canceled within 3 hours of scheduled time or a $12 fee will incur. Students may not vary from instructed exercises (modifications will be made for injuries or other necessities). All current or previous injuries must be reported before each class.
CONDUCT/DAMAGES: The Ark Fit is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe The Ark Fits’ rules and regulations or who abuse equipment in any fashion will be asked to leave. The Ark Fit has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to The Ark Fit's property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. The Ark Fit reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by The Ark Fit.
PHOTO/VIDEO RELEASE: You hereby grant The Ark Fit, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at The Ark Fit and to use and publish these photos or videos in print and/or electronically. You agree that The Ark Fit may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content. If, for some reason, you wish to not be a part of this then you must email email@example.com to notify us so that we may accommodate your request.
The Ark Fit and its subsidiaries may include certain services that may be available via your mobile phone, including but not limited to (a) the ability to book and/or purchase The Ark Fit and its subsidiaries via your mobile phone, (b) the ability to receive and reply to The Ark Fit and its subsidiaries messages, (c) the ability to browse The Ark Fit and its subsidiaries. from your mobile phone and (d) the ability to access certain The Ark Fit and its subsidiaries 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. 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 The Ark Fit and its subsidiaries 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.
CREATING AN ACCOUNT: In order to access some features of the website, you will have to create an account with The ARK FIT and its subsidiaries. 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.
RESERVING CLASSES: Clients are solely responsible for the booking and cancelling of their classes. Clients may reserve class spots online through their account, through the The Ark Fit mobile and web application, the Mind-Body application, or by calling The Ark Fit during normal business hours and confirming with studio staff.
SIGN-IN: Clients are required to sign into their scheduled class no later than 3-minutes prior to the scheduled start time. If a client does not sign into class within such time, it is considered a no-show and The Ark Fit reserves the right to assign the spot to another person on the waitlist, as well as charge a no-show fee (detailed below).
CLASS CANCELLATIONS: Reservations may be cancelled without penalty by cancelling up to 3 hours prior to the class start time. This may be done online via a client’s account, or by calling the studio during regular operating hours and confirming with studio staff. Once the class is cancelled within this time, the class will be returned to the clients’s account, and the client will not be charged the cancellation fee. Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are not valid and the member will be charged. If you are an autopay, prepaid, or Groupon member you will be charged $12. If you are a class holder, you will lose one class credit.
CLASS PACKS & LIMITED MONTHLY MEMBERSHIPS: If you do not cancel within the 3-hour window, you will lose one class from your membership package. If you do not have a working card on file, your class will be forfeited instead. If you do not cancel and do not show up to your scheduled class, you will lose one class from your membership.
MONTHLY UNLIMITED MEMBERSHIPS: If you do not cancel within the 3-hour requisite window, a late-cancel fee of $12 will be charged to your account. If you do not cancel and do not show up to your scheduled class, a no-show fee of $12 will be charged to your account. If you are on an auto debit contract or unlimited package and do not have a working card on file for such fees, your package will be reduced by one day and your auto debit contract will be suspended upon the subsequent month’s renewal. The no-show and late-cancel fees apply to ALL clients equally regardless of unlimited status or special package pricing or membership level.
If you book multiple classes, or waitlist multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. The Ark Fit staff cannot be held responsible for accidental bookings by clients, double bookings, or double waitlisted classes made by members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.
ATTENDING CLASS: It is recommended that you arrive at least 5 minutes before clasS. If you show up more than 3 minutes late, you may lose your spot in class and may not be able to join.
WAITLIST: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. If you add yourself to a wait list, YOU are solely responsible for managing your bookings and for cancelling your classes within the bounds of the cancellation policy. The system will auto-populate clients into class from the waitlist as soon as other clients with confirmed spots cancel, and class slots will be assigned as such.The Ark Fit staff cannot move class slots for clients in classes that are completely full with wait lists. If you forget to sign up in advance and show up as a walk in, you will be asked to wait in your car until 3 minutes after class starts given the class is full. If we have an open spot due to a no-show, we will call you and allow you to join the class.
LATE ARRIVAL: It is recommended that you arrive 10 minutes before class. You are required to sign up for class ahead of time. You may pay over the phone or online. If you fail to sign up for class ahead of time and the class is full, you will not be able to join. Class will start on time. If you are 3 minutes late, you will forfeit your spot and lose your class. No one is allowed to enter the class once we have started our workout.
MEMBERSHIP CANCELLATION: You may cancel this Membership Agreement at any time. You must provide The Ark Fit written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than thirty (30) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take affect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than thirty (30) business days prior to that date. You are unable to cancel over the phone or in person. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled as of the date of the subsequent billing payment due date. Once you notify us of your cancellation via email, you will be sent a form to fill out in order to complete your membership cancellation. Failure to return that cancellation form will result in your membership not cancelling. Your cancel date will be valid from the date your emailed us of your cancellation, not the date put on the form that you fill out or the day you turn it in. If, at the time of receipt of your cancellation notice, you have outstanding payments owed to The Ark Fit, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and The Ark Fit reserves the right to pursue additional avenues or means to receive monies owed. The Ark Fit 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.
FREEZE POLICY: Members with a monthly unlimited membership may put their membership on hold up to twice per year. You can freeze for a minimum of two weeks and up to two (2) calendar months. A fee of $45 will be charged per freeze request. Notice of intent to freeze one’s account must be submitted to The Ark Fit via email at firstname.lastname@example.org no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months.
REFUNDS/EXCHANGES: Clothing purchases may be returned or exchanged within 7 days of purchase. All items including but not limited to class purchases, memberships, personal training, workout routines, diet plans, supplements, and drink cannot be returned, refunded or exchanged.
PACKAGE PURCHASES: By purchasing a package from The Ark Fit, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members. Unlimited and auto-debit contract members are required to keep a current credit card on file. Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen. Packages that expire will activate on the first class either booked OR waitlisted. Placing yourself on a waitlist with an expiring package will activate your package. The Ark Fit staff will not adjust or extend special packages due to waitlisted classes or accidental bookings thorough the acts or omissions of clients. The expiration date set on an expiring package is the date on which the package may no longer be used. Members purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.
CREDIT CARD ON FILE: Members may elect to keep a credit card on file using their The Ark Fit account online. By placing a card on file, the cardholder and account holder gives permission to the The Ark Fit staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with The Ark Fit, cancellation policy detailed above.
AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize The Ark Fit to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) The Ark Fit will initiate transfers/charges pursuant to this authorization not to exceed the amount show on you Membership Agreement and/or in connect with cancellation fees per the cancellation policy. The Ark Fit may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) The Ark Fit booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. The Ark Fit cannot be held responsible for errors in processing due to expired or inaccurate information.
CHILDREN &/OR ACCOMPANYING VISITORS: During the time of our reopening, starting on June 22, 2020, no children, family members, or visitors will be allowed at the gym due to COVID-19 restrictions. Only the members working out are allowed to attend and no guests can wait in the lobby area. After our COVID-19 restrictions have been lifted, you may adhere to the following rules: In the event that you choose to bring a family member, minor, or child you are responsible for their safety and proper behavior. If they are not able to sit quietly without distracting the class, you may be asked to leave in order to care for them. The Ark Fit staff is not liable or responsible for their care and safety while you workout. You are fully responsible for your guests. Children are not allowed to enter the workout area at ANY TIME–no exceptions: not during the warm-up, exercises, or stretch–paying members only.
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.
The Ark Fit