Terms and Conditions
TERMS OF SERVICE
In this contract the words “agreement”, “membership agreement”; and “contract” denote the same and are used interchangeably. The words “his”, “hers”, “he”, “she”, ”I”, and “my”, refer to the Buyer or Member as the context requires. The words “Vigor Fitness & Wellness”, “we”, “us”, Studio”, “company”, refer to Vigor Fitness & Wellness Studio or its assignee/designee.
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.vigorfitnessstudio.com ("the Site") operated by Channell Fitness, Inc. dba Vigor Fitness & Wellness Studio ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.vigorfitnessstudio.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 Vigor Fitness & Wellness Services. You are only authorized to use the Vigor Fitness & Wellness 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 Vigor Fitness & Wellness website and discontinue use of Vigor Fitness & Wellness Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
In order to access some features of the website, you will have to create a Vigor Fitness & Wellness 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.
BUYERS RIGHT TO CANCEL MEMBERSHIP
Member may cancel his/her obligation hereunder upon giving Vigor Fitness & Wellness thirty (30) days prior written notice. The written notice must say that the member(s) does (do) not wish to continue to be bound by the agreement. Upon receipt of the Notice of Cancellation under this paragraph, the obligations hereunder shall be cancelled on the last day of the month following the month in which the Notice of Cancellation is received by Vigor Fitness & Wellness Studio.
RESTRICTIONS ON MEMBERSHIP
We reserve the right to revoke or deny the membership of any member or guest to access or use our facility, in our judgment, that creates a danger or health or safety hazard to our members, guests, or employees. Access to our facility will be denied, unless you can provide competent medical evidence certifying to a substantial medical certainty that such condition possesses no danger, health or safety hazard to the member and/or other individuals. We may support or refute any such medical evidence with additional evidence, as we deem necessary.
All payments under the agreement must be paid by automatic debit from member’s bank account or credit card.
INSUFFICIENT FUNDS OR CREDIT
Members will be assessed a $20 service fee if member’s applicable bank account or credit card account has insufficient funds or credit to pay the applicable monthly membership payment. In the event you default on this agreement, we may suspend or revoke your membership privileges. If your default continues for thirty (30) days, we may demand immediate payment of the entire amount you owe. In event this obligation becomes due and payable, and is referred to an attorney or agency for collection, member agrees to and shall pay in addition to the amount then remaining to be paid hereunder, such reasonable attorney and court costs.
No persons under the age of 14 may enter Vigor Fitness & Wellness premises or allowed in class unless the class is intended for such purposes. No persons under the age of 16 may enter Vigor Fitness & Wellness premises, participate in class or use the equipment without adult supervision. Members between the ages of 16-18 must be accompanied at all times by a legal guardian or a trainer representing Vigor Fitness & Wellness Studio.
MEMBER SERVICES AND POLICIES
CANCELLATIONS/NO SHOWS: As stated in the membership agreement, YOU MUST CANCEL CLASS 2 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT CLASS. This includes switching time slots under the 2-hour notice time period. You may cancel class through our online system or by calling the applicable studio directly. RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 10 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT. MEMBERSHIP PACKAGES: Members who purchase ANY membership package are subjected to a penalty charge for either a late cancel or an absence should they not cancel their reservation within the allotted 2-hour window. FOR CLIENTS RUNNING LATE: We ask that you call the studio to let us know you are on the way. The front desk will hold a reservation for up to 10 minutes after class begins. Clients who are more than 10 minutes late will not be admitted into class as it is too disruptive. FOR CLIENTS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.
All Private Training sessions and appointments, including massage, nutrition consults and ART must be cancelled 24 hours prior to the scheduled appointment. You can cancel your reservation in the following ways: 1) Log into your account and, next to the class you wish to cancel, press "cancel". 2) Call the studio where you're booked to cancel the class for you.
Upon entrance to Vigor Fitness & Wellness Studio, all clients are required to check in at the front desk and may be asked to present picture ID. Memberships and packages are not transferrable.
HOURS OF OPERATION
Operating schedule will be subject to change from time to time according to the discretion of the management of Vigor Fitness & Wellness Studio. The Studio may be closed on holidays, subject to the discretion of the management of Vigor Fitness & Wellness Studio.
STUDIO RULES AND REGULATIONS
- All classes, membership packages, private training, nutrition consults, massage and ART services are non-transferable and non-refundable. No exceptions. - Put away all equipment at the end of class. 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.
LOST OR STOLEN PROPERTY
Member agrees to accept full responsibility for all personal belongings. Vigor Fitness & Wellness Studio and its agents and employees shall not be responsible for damaged, lost or stolen articles of clothing or any other personal property of any member.
Smoking is not permitted anywhere in the facility. Food or beverages, excluding water, are only permitted in designated areas. Vigor Fitness & Wellness Studio reserves the right to add or modify any policies without notice.
LIMITATION OF LIABILITY
By signing your initial membership contract and/or attending classes, events, activities, and other programs and using the Vigor Fitness & Wellness 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 Vigor Fitness & Wellness workout program. You acknowledge that you have voluntarily chosen to participate in a program that may be intense physical exercise. You acknowledge that Vigor Fitness & Wellness 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 Vigor Fitness & Wellness 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 Vigor Fitness & Wellness classes and studio facilities, (2) release, indemnify, and hold harmless Vigor Fitness & Wellness, subsidiary affiliate entities, 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 Vigor Fitness & Wellness classes or Vigor Fitness & Wellness studio facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Vigor Fitness & Wellness Studio’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 Vigor Fitness & Wellness Studio’s classes and use of studio facilities, and should not be participating in any classes.
THIRD PARTY SITES
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Tennessee, USA, without giving effect to any principles of conflicts of law. If any provision of this contract is declared to be void, invalid, or unenforceable, all parties intend that the reminder of this contract remain valid and enforceable.
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.
These Terms of Service shall remain in full force and effect while you use the Vigor Fitness & Wellness Services or are a Member. You may terminate your membership 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. Vigor Fitness & Wellness 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.
You acknowledge that Vigor Fitness & Wellness charges fees for its services, and Vigor Fitness & Wellness reserves the right to change its fees from time to time in its discretion. If Vigor Fitness & Wellness 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.
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Vigor Fitness & Wellness immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
If you have any questions about these Terms of Service, the practices of Vigor Fitness & Wellness Studio or its services, or your dealings with this site, please contact us at: Vigor Fitness & Wellness Studio, 801 5th Ave S, Suite 101, Nashville, TN 37203 or firstname.lastname@example.org. These Terms of Service have been updated and effective as of August 16, 2016.