Art of Fitness Laguna Beach

Membership Agreement & Waiver

Liability Waiver and Release

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 Art of Fitness and its contractors, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in indoor cycling and exercise equipment in association with the Classes and use of the Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You 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, rhabdomyolysis, and concussions; and (3) catastrophic injuries including paralysis and death.

If in the subjective opinion of the Art of Fitness staff, you would be at physical risk using Art of Fitness Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Art of Fitness with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Art of Fitness concerns and stating that Art of Fitness concerns are unfounded.

I agree that I am personally responsible for my safety and actions while using the Art of Fitness Gym, Laguna Beach. I agree to comply with all Art of Fitness policies and rules, including but not limited to all Art of Fitness policies, guidelines, signage, and instructions. Because the Art of Fitness is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue the Art of Fitness, its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party using the Art of Fitness, or otherwise, while participating in any activity while in, on, or around Art of Fitness Gym and/or while using any Art of Fitness’ facilities, tools, equipment, or materials. 2. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the Art of Fitness facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19. 3. By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using the Art of Fitness Gym to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with California law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the California lifts all COVID-19 related mandates.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff.
In consideration of being allowed to participate in and access the Classes and 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 Classes and Facilities, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless Art of Fitness, 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 Art of Fitness’ 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 Art of Fitness Classes and Facilities, and should not be participating in any Classes.

If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. Art of Fitness does not accept the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18. Registration of a minor is permitted for Art of Fitness classes only, and must be completed in person at one of our studios with a parent or guardian. Minors who are at least 12 years of age, meet the minimum height requirement of 4’11”, who have submitted a Minor Waiver Form signed by a parent or guardian, may sign up for Art of Fitness classes online.

If you haven’t cancelled two hours before the class starts, a cancellation fee of $10 will be charged to your billing account. Class package allocation will not be returned to the class package after the cancellation deadline.

CHILD / MINOR MEMBERSHIP / PARTICIPATION AGREEMENT

 

SPONSORING MEMBERS MUST BE 18 YEARS OR OLDER, MUST STAY ON SITE, AND MAY NOT CHECK ANOTHER’S CHILD IN OR OF CLUB

 

ACKNOWLEDGMENT AND ASSUMPTION OF RISK OF INJURY TO CHILDREN

I understand and agree that there are risks of significant injury to the Children, whether caused by the Children or someone else, in their use of or presence on Art of Fitness’s premises. I understand and agree that these risks of injury include, but are not limited to, slips, trips, falls, collisions, thefts, equipment failure, or other such accidents or incidents that may result in injury, harm or damage including, but not limited to, economic, property, emotional, mental, physical or any other type of damage including, but not limited to, sprains, torn muscles or ligaments, broken bones, stroke, heart stress, heart attack, paralysis, disfigurement, death, or other forms of pain or suffering. On my own behalf, and on behalf of each of the minor Children above, I fully understand, voluntarily accept, and specifically assume these risks of injury to the Children.

WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT

On my own behalf, and on behalf of each of the minor Children above, I agree to release and discharge from all liability, and waive all claims, demands and actions against, Art of Fitness, Inc., and its owners, operators, subsidiaries, affiliates, employees, agents, vendors and volunteers (collectively, “ Art of Fitness”)for any and all injuries, harms or damages sustained by any of the Children in connection with their use or presence on the premises, or their use of facilities, equipment, services, programs or activities within or outside its centers, resulting or arising from the negligent acts or omissions of Art of Fitness, or the negligent acts or omissions of me, any of the Children, other members, guests, visitors or other persons on the premises. I agree to defend, indemnify and hold Art of Fitness harmless against any and all claims brought by anyone against Art of Fitness related to such injuries, harms or damages.

 

SPONSOR RESPONSIBLE FOR SUPERVISION, MEDICAL DECISIONS WHILE ON PREMISES.

As I am the Sponsoring Member, I agree that I will supervise the Children in accordance with Art of Fitness policies and will be responsible for their conduct at all times while they are on the premises. In the event the Children are involved in an accident or incident that requires medical attention, I agree that as the Sponsoring Member I will be responsible for making all decisions related to medical and survival procedures for the Children including, but not limited to, decisions about medical care, the administration of drugs, the performance of life-sustaining procedures, and transportation and admission to any hospital, health center or medical clinic.

By purchasing this Agreement, I certify that I have thoroughly read, fully understand, and voluntarily accept and agree to its terms.

 

Cancellation and Freeze Policy

New members have a right to cancel this agreement with the first 5 days of joining; no up front monies will be refunded for cancellation notices received after the first 5 days.  We permit you to suspend or terminate your membership under certain circumstances, upon advance written notice.

There will be a $15 reoccurring monthly fee to freeze. To suspend / freeze account(s) you agree to submit your request in person and complete a Membership Change Form, at least 3 days before the club billing date (25th of the month). The freeze period must be clearly communicated and will only be frozen per calendar month, for a maximum of 6 months; normal membership fees will automatically reactivate at the end of requested period. Period freezes are not negotiable by week and/or day of month. If you wish to reactivate / unfreeze your membership before freeze cycle is ended, you must check in at the front desk and provide an electronic signature to process payment for the balance of your current monthly fee (i.e. regular dues).
Members who wish to access the gym while the account is frozen will be responsible to pay Art of Fitness day rate of $20.

A primary or partner member may terminate the membership (or any member may remove or terminate himself or herself from a membership) for any reason upon advance written notice (30 days prior to 1st of termination month); to Art of Fitness as provided in our membership contract with you. To provide written notice of termination, you must complete a Membership change form in person at the center or send a letter request via mail (certified mail recommended – return receipt requested) to the center. We do not accept termination requests by phone, fax or online.
Membership dues will be continually billed each month at auto pay amount, and auto- reinstate / auto-debited on a month 2 month bases upon the expiration of member’s contract. Member agrees to a minimum 1 year commitment and to pay $150 CONTRACT CANCELLATION FEE, if cancellation request is submitted before the expiration of contract (cancellation fee due at time of cancellation). Member has the right to transfer membership to a friend or family member to negate cancellation fee (new client account billing information must be updated / received before member is released from this agreement). This needs to be given to Art of Fitness 30 days prior to the beginning of the following month or the month he or she wishes to terminate. Notices received after this period will not be refunded. Existing account balances-including cancellation fee (if applicable) must be paid before account is effectively terminated and monthly billing is concluded.

Membership Suspension or Termination by Art of Fitness. We reserve the right to suspend or terminate your membership, or any member on your membership, at any time for a failure to comply with these or any of our other rules, regulations, procedures or policies (which may be amended as necessary), Team Member directions, or for conduct we determine to be improper or contrary to our best interests or the best interest of our members, as determined by us at our sole discretion.

In order to cancel a reservation in a Art of Fitness class and return it to your account, you must cancel 2 hours before the class’ scheduled start. Once your reservation is cancelled, if applicable, the class will be added back to your account; the class(es) are not refundable.

If you haven’t cancelled two hours before the class starts, a cancellation fee of $10 will be charged to your billing account. Please note, that this cancellation provision does not apply to your purchase of Class Packages.  Class allocation will not be returned to the class package after the cancellation deadline.

You can cancel your reservation in the following ways:

Log into your account on the Website or the App, and, next to the class you wish to cancel, press “Cancel”.

Purchase Policy

Termination within First 7 Days of Membership. Upon written notice of termination, you may terminate your membership within 7 days of its activation or prior to the opening of your center. If we receive your written notice within 7 days of activation of your membership, we will refund your paid Joining Fees and Membership Dues. Except as provided herein, we will not refund any products or services purchased by or provided as part of a membership package to you or any other member on your membership. Abuse of the 7 day money-back guarantee is not permitted.

Termination after First 7 Days of Membership. To terminate a membership, you must provide advance written notice to Art of Fitness in accordance with your General Terms Agreement. You may provide written notice of termination in person at the center; by mail (certified mail recommended – return receipt requested) to your Art of Fitness center; or as otherwise permitted by Art of Fitness. If you do not provide timely advance written notice, you must continue to pay monthly membership dues and will continue to have center access.
Merchandise. Merchandise in like new condition with original packaging and tags may be exchanged or returned for a full refund up to 30 days from the original date of purchase. Proof of purchase is required.

In order to make a reservation, if you have a Art of Fitness membership, you must either first create login credentials with Art of Fitness front desk, then download and login to the Mindbody Fitness app. If you are not a Art of Fitness member, then you can create a new client account and verify your email through Mindbody Fitness app. Your reservation is confirmation on you receive a email and/or text.

Provided cancellation policy is observed, classes do not expire once reservation confirmed. You cannot redeem your class for cash and you cannot transfer class to another client and/or member. Class package expiration dates are listed on your purchase receipt. If, however, you get jammed up and cannot book a ride/class in time, just give us a call, stop by the studio, or e-mail us and we can help you.

Future class prices are subject to change, but Art of Fitness will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, and American Express. Cash payments may only be made at Art of Fitness. You can reserve classes online up to 1 week in advance but not later than 1 hour prior to class time.

Your credit/debit card will be charged for your order when you buy your class or series of classes, not when you book your bike. Art of Fitness will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Art of Fitness may incur in its efforts to collect any unpaid balances from you.

Please note, however, that your right to cancel classes does not apply to gift cards, donation based classes / events, and are subject to Art of Fitness’ review cancellation and fair practice policy.

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, Art of Fitness will refund you the purchase price of your unused class or classes.

If you die, Art of Fitness will refund your representative the purchase price of your unused class or classes.

If you move your residence more than 25 miles from Art of Fitness location, you may cancel your purchase and Art of Fitness will refund the purchase price of your unused class or classes. Depending upon where you live, you may be charged a cancellation fee.

If Art of Fitness stops offering classes indefinitely, you may cancel your purchase.

Refund Methods
Unless otherwise required by law, we will issue refunds only to the payer as follows:
Credit/Debit Card. Payments made via credit/debit card will be refunded to the same account used at the time of purchase.
Certain services are not refundable, please refer to general membership policies to determine what fees cannot be refunded.

Terms and Conditions

Our membership levels, prices, dues, fees, amenities, benefits, programs, classes, and events are subject to change or termination at any time. Art of Fitness retains complete control over all matters affecting or relating to its members or memberships, including but not limited to any documentation or information that may be required of members or guests such as proof of joint financial obligations, co-habitation, familial/guardianship status, age, or residency.

MEMBERS

Primary Member. The designated Primary Member is typically the person purchasing the membership. The Primary Member may exercise the following rights: cancel the entire membership, change the Monthly Payment Method, add or subtract Additional Members, authorize users, correct or update membership information, transfer a primary or secondary membership, obtain his or her own membership information, and make payments on the membership.

Additional Member. All other members other than the Primary Member are considered Additional Members. The classification of an Additional Member may require proof of cohabitation, familial guardianship, age or residency.
Minor Member(s): The Primary Member’s children or children that the Primary Member is the legal guardian of; in such that the Primary Member has the right and authority to make decisions concerning the care, custody, and control of, including entering a Membership on their behalf are considered Minor Members. Minor Members ages 12 – 17 are permitted to use the fitness floor and free weight area. Minor Members age 11 are permitted to use the fitness floor with a parent or legal guardian consent.  The Primary member agrees to pay month dues and / all cost associated with Additional Member’s membership, this includes but is not limited to late fees, early cancellation fees,

Disabled Members. We welcome disabled members to use our centers. If a disabled member must be accompanied by a non-member assistant or caretaker to reasonably accommodate the member’s use of the center, we require both parties to sign an agreement related to such use of the center.

PAYMENTS AND FEES:

Dues Payments. We collect monthly membership dues, including junior dues, and certain other payments (such as recurring payments for services) on the 1st day of each month by services by electronic fund transfer from the designated bank account or credit or debit card on file for your Monthly Payment Method (“Monthly Payment Method”). If we are unable to successfully draft payments from your Monthly Payment Method when due, we will continue to attempt collection thereafter, typically each Monday, Wednesday, and Friday of the subsequent week(s). Art of Fitness may use services made available by card issuers which automatically update your card information and prevent disruptions due to account changes, such as an expired or reissued card. You may opt-out of this service at any time by contacting your center. We are not responsible for overdraft fees. We do not issue regular monthly invoices. Your transaction history may be found obtained by contacting Art of Fitness staff. To establish your membership, you must provide a Monthly Payment Method. In special circumstances, however, you may avoid a forthcoming monthly dues electronic funds transfer by providing an alternate method of payment to the center at least three (3) business days prior to the last day of the month (Art of Fitness reserves the right to discontinue this option at anytime.) To change your designated dues-paying account, please see the Front Desk. Dues, fees, costs and other charges are subject to change by Art of Fitness at any time without notice, unless otherwise required by law. In the event of a change in any amount charged, Art of Fitness may provide any notice required by law by regular mail or by email to the address(es) associated with the membership. Membership dues are NOT determined based on member’s use of gym services, and cannot be renegotiated based times used or perceived use during a calendar month and/or year.
Your continued membership with Art of Fitness constitutes your agreement to pay Art of Fitness fees, including specifically its fees for late and or invalid payments.
Late or Non-Payment(s) – You may be charged fees related to late or non-payment(s) if for any reason we do not receive payment for our goods or services by the due date or you pay less than the full amount owed for our goods and services.

LATE FEE
YOU WILL BE CHARGED A $10 LATE FEE ON ANY PAYMENT AMOUNT (E.G., MONTHLY DUES, FEES OR OTHER CHARGES) ASSESSED IN ANY SINGLE MONTH THAT HAVE NOT BEEN PAID IN FULL WITH RESPECT TO YOUR MONTHLY DUES PAYMENT DUE ON THE 25TH OF EACH MONTH (WHICH WE COLLECT BY EFT WITHIN THE 10 DAYS AFTER THE BILLING DATE OF THE MONTH). WE CHARGE SUCH MONTHLY LATE FEES FOR UP TO TWO (2) MONTHS WHILE YOUR MEMBERSHIP REMAINS IN EFFECT, AFTER WHICH YOUR MEMBERSHIP WILL BE TERMINATED FOR NON-PAYMENT.
Late Fees Are Not Considered Interest or Penalties. We do not anticipate that you will fail to pay your monthly dues, fees and other charges on a timely basis, and we do not extend credit to members or other customers. We sell goods and services, and expect payment for those goods and services before or when we deliver or perform them, including payment on the first day of any monthly service period or on any other date on which payments are due. Any fees or other charges due to late payment or non-payment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs are difficult to calculate or to predict when we set such fees or other charges, including our current $10 late fee because we cannot know in advance (1) whether you will pay for our goods or services on a timely basis, if ever; (2) when you will actually pay if you do pay late; and (3) what costs we will incur because of your late payment or non-payment.

INVALID PAYMENTS
We accept various means of payment for our goods and services, including payment by check for certain goods and services from members only. WITH RESPECT TO PAYMENT BY CHECK, IF A CHECK IS DISHONORED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON, YOU WILL BE CHARGED A $25 FEE FOR SUBMISSION OF AN INVALID PAYMENT INSTRUMENT. IF YOU ARE A MEMBER, WE WILL ADD THE AMOUNT OF THE DISHONORED CHECK PLUS THE $25 FEE TO YOUR MEMBERSHIP ACCOUNT BALANCE, WHICH AMOUNT WE WILL COLLECT FROM YOUR MONTHLY PAYMENT METHOD ACCOUNT.
Right to Implement or Change Fees. We reserve the right to implement or change fees or other charges at any time, unless otherwise required by law. We may provide any notice required by law by regular mail or by email to the address(es) associated with the membership.
Membership Changes and Information- Subject to applicable restrictions, you may make changes to or obtain information about your membership after you have joined Art of Fitness, such as changing your Monthly Payment Method, adding or removing members. You must make membership changes or request membership information in person at the gym, not by phone, email, fax, or online.

We may charge a membership change fee to make changes to your membership as disclosed in our Fee Schedule – including changes such as level or access upgrades and member add-ons (for applicable accounts). We may collect service fees on or about the date you make the membership change, or on the next scheduled draft from the designated bank account or credit or debit card on file for your membership. Fees are subject to change by Art of Fitness at any time. To make a change to or obtain information about your membership, please visit the Front Desk. Generally, members may make changes or obtain information about a membership as follows:

Members may not obtain membership information upon request, other than as provided above. Specifically, without valid legal process, members or guests may not obtain other private, confidential, privileged and/or proprietary internal business information, including but not limited to incident reports, video surveillance footage, or membership-related photographs. We reserve the right to disclose such information in our sole discretion to aid the law enforcement process or as otherwise required or permitted by law.

FITNESS FLOOR
You must be at least 12 years old to enter and use the fitness floor.
You must follow all safety procedures for equipment use, including but not limited to, using safety clips or stops on mechanical equipment and refraining from dropping free weights. If you have any questions about equipment use, please see a Art of Fitness personal trainer to familiarize yourself with its use.

Equipment Reservation. You may not reserve equipment for your personal use, such as with a towel, sign or note unless otherwise permitted (such as immediately prior to a scheduled Group Fitness class). You must honor all signs on equipment, including notices that the equipment has been reserved (e.g., for group or class use) or is out of service for maintenance.
Equipment in Disrepair. If you notice that any equipment is in disrepair, do not use it. Please report it immediately to a Art of Fitness Team Member. We are not responsible for injuries sustained while using equipment, even in the event of equipment failure, malfunction or disrepair.
Personal Items. Unless otherwise permitted (e.g., gym bages), you may not bring or set bags, clothing, food, laptops, or other items on the equipment or fitness floor.

Fitness Floor Etiquette. Please turn off, return or replace equipment to its original condition and location when you are not using it, even temporarily. Please wipe down equipment with sanitary wipes before and after use. Considerate use of chalk is permitted on our weightlifting platforms only. Please clean any chalk from equipment after use. Out of consideration for other members, avoid talking on cell phones on the Fitness Floor or free weight areas. While resting or using your cell phone for non-voice activities between sets, please allow other members to work in.

CODE OF CONDUCT
We strive to uphold a family-oriented environment. As such, we expect proper and respectful conduct on our premises at all times. We do not permit disrespectful conduct toward our members, guests, employees (“Team Members”), vendors, or property , including but not limited to: vulgar, profane, indecent, offensive, violent, hostile, aggressive, threatening, harassing, stalking, fraudulent, or other inappropriate conduct or communications.

CLUB EQUITTE:
For the comfort of all members, we ask that you follow our club courtesy guidelines.

GENERAL HYGIENE:
We expect you to uphold general personal hygiene and refrain from excessive use of scented oils, lotions, colognes, perfumes or other fragrances out of respect for other members and any fragrance or chemical sensitivities. It is also expected that you refrain from or avoid smelling of smoke or other fragrant substances upon entry or use of the premises.
WEAPONS:
You may not bring or use weapons of any kind on the premises for any reason.
PROPER ATTIRE:
You must wear proper attire at all times, including shirts and shoes, unless noted in a specific area or as appropriate for a specific activity or class.

PERSONAL BELONGINGS:

Keep large workout bags, backpacks, coats and personal belongings in a covey. Art of Fitness does not and will not hold personal items for its clients and members, and as such we bare no responsibility for items left unattended and/or not recovered by members/clients before he/she leaves our facility. Items left here at the facility will be place in lost in found.  Our Lost and Found is not secure and is open to the public, therefore any items stored are subject to be taken by anyone that accesses the Lost and Found bin.

PHOTOGRAPHY AND VIDEO

Art of Fitness allows certain team members to take images of members and guests for social media purposes, including participants in group fitness and team training classes in studios designated with a social studio sign. If you do not wish to have images taken by Art of Fitness, please let the team member know, so that you can opt out. By your continued use of Art of Fitness’ premises and services, including participation in the class, you irrevocably consent to and grant Art of Fitness the exclusive, worldwide, perpetual, royalty-free and otherwise unlimited right to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, and repurpose the images for any purpose in any media or form of communication, without additional consent and without compensation, including but not limited to Art of Fitness commercial and promotional use on its corporate or employee social media sites.

DRUGS
You may not use, smell of, possess, or sell any illegal drug on the premises, including but not limited to anabolic steroids or other illegal growth-enhancing substance. You may not use our equipment, services or programs while under the influence of illegal drugs. You should not use, or should stop using, any equipment, service or program if your prescription medication adversely impacts or influences your ability to safely use our equipment or participate in our programming.

SMOKING
You may not smoke, chew or use any other tobacco or electronic cigarette products on Art of Fitness’ premises including any outdoor areas (e.g., sidewalks or parking lot)

CENTER CLOSURE OR ACCESS RESTRICTIONS

We reserve the right to close or restrict access, without advance notice, to any area of or the entire center or premises for any reason, including but not limited to closures or restrictions related to construction, remodeling, repair, or maintenance (whether planned or unplanned) or for health or safety reasons, including but not limited to weather, natural disasters, power outages, and medical issues. Updates on such closures will be emailed and/or posted with the gym. Your obligation to pay membership dues is not dependent upon usage, availability, or access to the center and is further subject to your Terms and Conditions Agreement.

ILLNESS

You may not enter the premises if you have a contagious illness that may be transferred through ordinary use of our equipment, services, or programs. You must cover exposed lesions or rashes and follow all posted signs and applicable rules or laws.

ANIMALS
You may not bring any animal on the premises unless it is a service animal performing its duties in the care of a person who requires its assistance or is an on-duty law enforcement animal (“exempt animals”). All exempt animals must be licensed, vaccinated and have identification tags (where applicable); must remain leashed or caged, and under a non-Art of Fitness’ responsible person’s control at all times; and must be removed immediately if it causes a disturbance, interrupts the work of others or poses a health or safety risk to those who are exposed to it. The animal’s owner must promptly remove animal waste and is liable for any damage caused by the animal.

DAMAGE TO GYM
You may not damage the center in any way, including but not limited to any damage to, or theft of, exercise equipment, towels, supplies, or other center property. If you, or a guest, youth member on your membership damages the center, you are liable and must pay for the damage caused and your membership may be terminated.

RESERVING SPACE OR EQUIPMENT
You have the ability to reserve a space (Yoga), bike (Cycle) and spot/space (In most Studio Classes) via MINDBODY ONLINE FITNESS app.
Please arrive within 5 minutes of the start of class. After that, your reservation will be released and made available to those on the wait-list.
The instructor will communicate any equipment needs for the class prior to class starting. Earplugs are available in our studios or upon request.

  • We request that you arrive for class a few minutes early to prepare your space or equipment (e.g., bike, yoga mat/weights, etc.) and check-in if you made a reservation.
    • The warm up at the outset of the class is an important part of the work out. If you arrive late, please enter the class quietly and appropriately.
    • Because classes are designed as group activities, you should follow the instructor’s routines or instructions, consistent with your personal abilities and limits.
    • You must wait for a class to conclude before entering the studio to prepare for the next scheduled class.
    • Please wear attire and, except for yoga, shoes appropriate for the class. After class, please wipe down and return all equipment to its proper place.
    • Only Art of Fitness Team Members may operate the stereo and lighting equipment.
    Special Yoga Etiquette. To avoid disruption, you should not enter class during opening meditation or leave during the closing resting pose. If you must leave class, please inform the teacher before the final pose.
    • Proper Attire: You should wear comfortable layered, stretchable clothes that are easy to move in. You may not wear shoes, perfumes, or heavy jewelry. During yoga experiences it is allowed to limit the amount of clothing worn; but men may not remove shirts.
  • A t-shirt and shoes must be worn when exiting the locker room and/or yoga area to go to other areas of the club.

PERSONAL TRAINING

  • Our personal training services include instruction, coaching, advice, lessons or demonstration concerning physical exercise, physical fitness, exercise strategies, nutrition, wellness, fitness products, fitness equipment, and other fitness-related activities by personal trainers, nutrition coaches, teaching pros, or other instructors (“personal training”). Personal training services are available to members, typically for a fee per session, upon completion of a Fitness Program Agreement.
  • No Personal Training by Members or Guests. You may not solicit or conduct on the premises any personal training as defined above, with or without compensation. Art of Fitness retains sole discretion to determine whether a member or guest is engaged in personal training.
  • All training sessions must be purchased by the client prior to beginning their program. If the sessions are not purchased before the first session starts, the trainer may refuse to start the program.
  • Once the sessions have started, the remaining balance will not be refunded in event the trainer or the client decides to leave The Art of Fitness. The client may complete the sessions with another trainer, if the trainer has resigned or has been terminated, or transfer them to another client/member of The Art of Fitness if the client participating in the sessions leaves The Art of Fitness. If the client needs to cancel the scheduled personal training session, the client must do so 24 hours in advance.
  • Art of Fitness / Personal Trainer reserves to right deducted late cancellation session(s) for client’s personal training sessions. Client agrees to be financial responsible for and pay Trainer’s session rate in the event prepaid sessions are unavailable to be deducted from account because of late cancellation session(s). Client hereby, permits Art of Fitness to charge the billing account on file with Art of Fitness.

By using the Mindbody Website or App, purchasing an Art of Fitness class, registering for an Art of Fitness class, booking a bike, purchasing merchandise, and/or using or attending a Art of Fitness class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website or App, purchasing a Art of Fitness class, registering for a Art of Fitness class, booking a bike, purchasing merchandise, and/or using or attending a Art of Fitness class.

Occasional changes may be made to this document to reflect changes in Art of Fitness’ policies. The Terms may be revised at any time by updating this posting. By using the Website or App, by buying Art of Fitness classes, registering for classes, booking bikes, buying merchandise, and/or using and attending Art of Fitness gym, you agree to be bound by any such revisions. Class attendees and community members are encouraged to check this document periodically to stay informed of current guidelines.

If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. Art of Fitness does not accept the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18. Registration of a minor is permitted for Art of Fitness classes only, and must be completed in person at one of our studios with a parent or guardian. Minors who are at least 12 years of age, meet the minimum height requirement of 4’11”, who have submitted a Minor Waiver Form signed by a parent or guardian, may sign up for Art of Fitness classes online.

If you haven’t cancelled two hours before the class starts, a cancellation fee of $10 will be charged to your billing account. Class package allocation will not be returned to the class package after the cancellation deadline.

By using the Website or App, purchasing a Art of Fitness class, registering for a Art of Fitness class, booking a bike, purchasing merchandise, and/or using or attending a Art of Fitness class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website or App, purchasing a Art of Fitness class, registering for a Art of Fitness class, booking a bike, purchasing merchandise, and/or using or attending a Art of Fitness class.

Occasional changes may be made to this document to reflect changes in Art of Fitness’ policies. The Terms may be revised at any time by updating this posting. By using the Website or App, by buying Art of Fitness classes, registering for classes, booking bikes, buying merchandise, and/or using and attending Art of Fitness gym, you agree to be bound by any such revisions. Clients and community members are encouraged to check this document periodically to stay informed of current guidelines.

Art of Fitness reserves the right to the modify class schedule without notice, and refuse service at our discretion.

 

Refund / Return Policy

If you haven’t cancelled two hours before the class starts, a cancellation fee of $10 will be charged to your billing account. Class package allocation will not be returned to the class package after the cancellation deadline.

 

You have the right to cancel your purchase of Art of Fitness classes. Your right to do so may vary depending on the applicable laws in the state of California.  As a result, please review the relevant state-specific terms and conditions. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase.

 

Art of Fitness will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation. Clients and community members shall have the option to receive the refund either to the original method of payment or Art of Fitness store credit.

 

Art of Fitness / Personal Trainer reserves to right deducted late cancellation session(s) for client’s personal training sessions. Client agrees to be financial responsible for and pay Trainer’s session rate in the event prepaid sessions are unavailable to be deducted from account because of late cancellation session(s). Client hereby, permits Art of Fitness to charge the billing account on file with Art of Fitness.

 

Refund Methods
Unless otherwise required by law, we will issue refunds only to the payer as follows:
Credit/Debit Card. Payments made via credit/debit card will be refunded to the same account used at the time of purchase.
Certain services are not refundable, please refer to general membership policies to determine what fees cannot be refunded.

 

 

Privacy Policy

 

We may offer you the ability to receive texts and calls in connection with our services. If you opt-in to receive texts and calls, you agree that Art of Fitness may send you reoccurring texts and calls (including prerecorded and/or by autodialer) to the phone number you provide for transactional and marketing purposes in accordance with the terms of your opt-in. You can opt-out of receiving texts or calls to your phone number at any time by (i) for texts, texting “STOP” in response to any text you receive from us or contacting us at contact@artoffitnesslaguna.com and specifying you want to opt-out of texts to your phone number; and (ii) for calls, requesting opt-out during any call you receive from us or contacting us as at contact@artoffitnesslaguna.com and specifying you want to opt-out of calls to your phone number. For texts, you can also text “HELP” at any time for more information. We may send you a text confirming any opt-out by you and any such opt-out is limited to the phone number used and will not affect subsequent or separate subscriptions. You understand that your consent is not required as a condition of purchase. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phones and/or carriers are supported. Contact your carrier for further details. Additional terms may apply as set out in the terms of your opt-in.