TERMS AND CONDITIONS
I TERMS AND CONDITIONS
Please read these terms of service (the “Agreement”) carefully before using the services offered by THE WALL (the “Company”). BY VISITING THE COMPANY’S WEBSITE OR USING ITS SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. If you do not unconditionally agree to all terms and conditions of the Agreement, you may not use the Company’s website or services. If the terms of this Agreement are deemed an offer, acceptance is expressly limited to these terms.
II PURCHASE POLICY
In order to make a reservation, you must first have a class credit. To buy class credits, you can do so through this web site by logging into your account (if you do not have an account, you can also create a new one). Please note that the prices of future classes and membership might be subject to change. You can reserve classes up to 1 week in advance for most credit types. Certain users and credit types might receive the ability to book classes more than 1 week in advance. Your credit/debit card will be charged for your order when you submit your purchase. As soon as your charge is approved, your class credits will be delivered to your account. If you fail to pay any charges when due, THE WALL reserves the right to suspend or terminate your privileges. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that THE WALL may incur in its efforts to collect any past due or unpaid balances from you. Purchases of class credits are final and cannot be refunded.
A. Cancellation Policy
If you want to cancel a class after it’s been booked, you must do so more than 12 hours in advance of the class start time. You can cancel a class reservation by simply logging into your account and selecting the “Cancel” option next to your upcoming classes online or via THE WALL Fitness App, by calling us directly or responding to your confirmation email. If you cancel more than 12 hours ahead of time, your class credit will be returned to your account. If you do not cancel more than 12 hours ahead of time, the credit will not be returned to your account. If you are on a membership, a No Show fee of $15 will be applied in the event of a no show or late cancellation.
B. Late and No Show Policy
We ask that all participants arrive at least 15 minutes prior to start of class so that we can adequately prepare the instructor and materials for class. FOR YOUR SAFETY AND THE SAFETY OF OTHER PARTICIPANTS, YOU MUST ARRIVE BEFORE THE START OF CLASS OR YOU WILL NOT BE ADMITTED. Please note, in fairness to all our clients, including those on the waitlist, spots will be released 4 minutes before the start of class. FOR PARTICIPANTS RUNNING LATE: We ask that you call the studio to let us know you are on the way. The front desk MAY be able to hold a reservation up to when class begins though we cannot guarantee you will be admitted. Participants who are arrive past the start of class WILL NOT be admitted into class as it is too disruptive and unsafe for you and other clients. FOR PARTICIPANTS LEAVING EARLY: If you’re planning on leaving early, we kindly request that you tell the instructor ahead of time.
C. Return Policy – Services
Purchases of class credits are final and cannot be refunded. If you want to cancel a class after it’s been booked, you must do so more than 12 hours in advance of the class start time. You can cancel a class reservation by simply logging into your account and selecting the “Cancel” option next to your upcoming classes online or via THE WALL Fitness App, by calling us directly or responding to your confirmation email. If you cancel more than 12 hours ahead of time, your class credit will be returned to your account. If you do not cancel more than 12 hours ahead of time, the credit will not be returned to your account.
D. Return Policy – Products
It is possible to return online or store purchases SOLELY for store credits within 30 days after receipt date. All exchanges must be with original receipt and packaging. The shipping cost of the returned goods are at your own expense.
THE WALL offers memberships for unlimited classes. Specific details for each of the Memberships, including the commitment period, can be found on the THE WALL website and/or App and in the promotional details provided at the time of purchase. Memberships cannot be shared or transferred, and any attempt to share or transfer a Membership will result in cancellation of the Membership, at THE WALL’s sole discretion, without a refund
If a Member requests a Membership downgrade, the change will take effect on the billing date following the Member’s request. Membership dues will not be prorated or refunded based on the date of the Membership downgrade request.
If a Member requests a Membership upgrade, the Member will have immediate access to their upgraded membership. The Member will be charged a prorated amount for the remainder of the monthly billing cycle, and the Membership upgrade will be reflected in the Member’s next billing date. Some Membership changes, such as change to the membership type, will cause the commitment period to restart.
F. Membership Cancellation Policy
If you want to cancel your membership at any point, just email firstname.lastname@example.org at least 7 days’ prior to the expiration of the current month, and we will cancel the auto renew. Membership dues will not be prorated based on the date of cancellation. Membership dues are non-refundable and subject to commitment periods.
G. Membership Payment Policy
Memberships, as are credits, are non-refundable. Members and Participants shall not be relieved of the obligation to make payments agreed to, and no deduction from or reimbursement of any payment shall be made, because of Member’s or Participant’s failure to use THE WALL’s facilities. In other words, Members must continue to pay the rate agreed upon for the duration of the Membership regardless of the number of classes attended. Participants will not be reimbursed or credited any unused Credits in the period allotted for the class package purchased. THE WALL reserves the right to increase its Membership dues or class/package prices from time to time.
Members and Participants will automatically be charged any bank fee imposed on THE WALL, plus a processing fee of up to $25, for any returned payment due to closed accounts, insufficient funds, or other reason. If this occurs, THE WALL retains the right to collect the current and past due balances in any month after the returned payment.
In the event that a Member or Participant initiates a credit card dispute that is subsequently resolved in THE WALL’s favor, THE WALL shall have the right to charge the Member or Participant up to $50 per occurrence. Members or Participants who dispute a valid charge for a late cancellation or no-show will be subject to this $50 fee.
III CHANGE IN OPERATING HOURS/TEMPORARY CLOSING
As a result of repair, maintenance, special occasions or events, holidays, acts of God (such as an earthquake), or for other reasons, THE WALL may elect to restrict the use of or temporarily close its facilities or activities from time to time. There will be no reduction, suspension or reimbursement of Membership dues during such time nor extension of a Membership period as a result of any temporary closing. Also, hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at THE WALL’s sole discretion. For questions or specific issues about the closure of THE WALL facilities and use of Credits, email email@example.com
IV CONDUCT AND REVOCATION OF MEMBERSHIPS AND CREDITS
Members and Participants shall not use the THE WALL studio, service or equipment in such a way as to endanger the health or safety of themselves or others. Members and Participants shall be responsible for any property damage or personal injury caused by themselves or their guests. Members and Participants agree not to violate any laws while in THE WALL facilities.
THE WALL, in its sole discretion, may revoke Memberships or Credits at any time and without refund, in the event that a Member or Participant engages in behavior that is unsafe or objectionable to any other Member, Participant or staff, or for reasons of nuisance or disturbance to any other Member, Participant or staff, moral turpitude, fraud, personal hygiene or attire. THE WALL also reserves the right, in its sole discretion, to require a Member or Participant to leave for the day if, in THE WALL’s reasonable judgment, a Member or Participant poses a health or safety risk, or is disturbing or is likely to disturb any other Member, Participant or staff.
We may terminate your access to THE WALL website as well as your access to all of THE WALL’s classes and locations at any time, without cause or notice, which may result in the forfeiture and destruction of all information associated with you.
In order to access some features of the website, you will have to create a THE WALL account. 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. For clients seeking to share pricing options: both clients must give written consent via email prior to merging pricing options.
VI COLLECTION OF INFORMATION
We collect personally identifiable information, like names, postal addresses, email addresses, credit card information etc., when voluntarily submitted by our members and/or visitors. The information you provide is used to fulfill your specific request, to improve the experience on our web site, and to ensure a successful experience at THE WALL. THE WALL may also log non-personally-identifiable information including IP address, profile information, aggregate User data, and browser type, from Users of the site. This data is used to manage the Website, track usage and improve the Website services. This non-personally-identifiable information may be shared with third parties to provide more relevant services and advertisements to Users. User IP addresses are recorded for security and monitoring purposes. We may also record information about your usage, such as when you use THE WALL website. If you are logged in, we may associate that information with your account. We may use clear GIFs (a.k.a. “Web Beacons”) in HTML-based emails sent to our Users to track which emails are opened by recipients. We may also use a User’s email address to send updates, a newsletter or news regarding THE WALL. Users may choose not to receive email of these types by following opt-out instructions contained in such email. THE WALL reserves the right to send you important notices about your account even if you opt out of all voluntary email notifications.
A. Cookie/Tracking Technology
This website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the website, and understanding how visitors use the website. Cookies can also help customize our website for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
B. Distribution of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (i) permitted or required by law; (ii) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or (iii) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
C. Children Under Age 18
We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please DO NOT attempt to register on our website or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to or on our website. In the event that we learn that any personal information has been submitted to the website from a child under age 18, we will delete that information as quickly as reasonably possible. If you believe that we might have any information from or about a child under 18, please contact us at firstname.lastname@example.org.
D. Commitment to Data Security
IX LIABILITY WAIVER
THE WALL is not responsible in any way for the safekeeping of your personal belongings while attending a class. By attending classes, events, activities, and other programs and using THE WALL studio facilities, website, or 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 WALL workout program. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that THE WALL 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 WALL 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 THE WALL classes and studio facilities, (2) release, indemnify, and hold harmless THE WALL, 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 WALL classes or THE WALL studio facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of THE WALL’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 THE WALL classes and use of studio facilities, and should not be participating in any classes.
X INTELLECTUAL PROPERTY POLICY
The trademarks and trade dress of THE WALL are proprietary to THE WALL and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, THE WALL. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use. Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of THE WALL, is strictly prohibited.You acknowledge that THE WALL and/or third party content providers remain the owners of all Website and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. THE WALL may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.
XI WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will THE WALL be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if THE WALL expressly advised of the possibility of such damage. All information is provided by THE WALL on an “as is” basis only. THE WALL provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
XII ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
A. Informal Dispute Resolution
Our goal is to do our best to ensure that every experience with THE WALL will exceed your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at email@example.com. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.
B. Arbitration Agreement
By accepting the Terms, you and THE WALL agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if THE WALL initiates arbitration, it shall have the choice as between these two arbitration forums.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
C. Class Action Waiver
You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving THE WALL or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against THE WALL. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If this class action waiver (“Class Action Waiver”) clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
D. Definition of Dispute
Except as described below, the term “Dispute” in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and THE WALL regarding any aspect of your relationship with THE WALL, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.
Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property. Any such claims are not subject to arbitration and this Arbitration Agreement and Class Action Waiver. Dispute shall not include any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
XIII CONSUMERS’ RIGHTS TO CANCELLATION
You or your representative may also cancel your purchase of a class or series of classes for any of the reasons listed below. To do so, you must email us at firstname.lastname@example.org
You may cancel your contract in any of the following circumstances.
* If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, THE WALL will refund you the purchase price of your unused class or classes.
* If you die, THE WALL will refund your representative the purchase price of your unused class or classes.
* If THE WALL stops offering classes for longer than 6 calendar months, you may cancel your purchase.
XIV PHOTOGRAPHY AND VIDEO
Members and Participants grant THE WALL permission to use their likeness in a photograph and/or video in any and all publications and materials without payment or consideration made to them. Members and Participants realize these photos and/or videos become the property of THE WALL and will not be returned. Members and Participants authorize THE WALL to use, edit, copy, publish or exhibit any photo or video for any lawful purpose. Members and Participants waive the right to review any photo or video or to obtain royalties from the photo or video. Please Note: Photos and videos will be taken throughout the day and some photographs/videos will be posted on our THE WALL Website, THE WALL App and other materials. Please let the staff of THE WALL know if you do not wish to have your picture/video made public.
XV CHOICE OF LAW
The Website, App, and your use hereof, is governed by the laws of the State of California, without regard to California’s choice of law provisions. Any claim arising out of your use of this Website or App must be brought in California.
XVI POLICY CHANGES
Occasional changes may be made to this document as new services and content are added to the Website or App to reflect changes in THE WALL’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically to stay informed of current privacy guidelines.
XVII ACCEPTANCE OF TERMS
By using the Website or App, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website or App. Your continued use of the Website or App following the posting of changes to these terms will indicate your acceptance.