{"id":3097,"date":"2015-09-30T03:34:49","date_gmt":"2015-09-30T03:34:49","guid":{"rendered":"http:\/\/artoffitnesslaguna.com\/?page_id=3097"},"modified":"2024-04-10T15:16:05","modified_gmt":"2024-04-10T15:16:05","slug":"membership-agreement-waiver","status":"publish","type":"page","link":"https:\/\/artoffitnesslaguna.com\/membership-agreement-waiver\/","title":{"rendered":"Membership Agreement & Waiver"},"content":{"rendered":"[vc_row type=”in_container” full_screen_row_position=”middle” column_margin=”default” column_direction=”default” column_direction_tablet=”default” column_direction_phone=”default” scene_position=”center” top_padding=”120″ bottom_padding=”120″ text_color=”dark” text_align=”left” row_border_radius=”none” row_border_radius_applies=”bg” overflow=”visible” id=”terms-and-conditions” overlay_strength=”0.3″ gradient_direction=”left_to_right” shape_divider_position=”bottom” bg_image_animation=”none”][vc_column column_padding=”no-extra-padding” column_padding_tablet=”inherit” column_padding_phone=”inherit” column_padding_position=”all” column_element_direction_desktop=”default” column_element_spacing=”default” desktop_text_alignment=”default” tablet_text_alignment=”default” phone_text_alignment=”default” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_backdrop_filter=”none” column_shadow=”none” column_border_radius=”none” column_link_target=”_self” column_position=”default” gradient_direction=”left_to_right” overlay_strength=”0.3″ width=”1\/1″ tablet_width_inherit=”default” animation_type=”default” bg_image_animation=”none” border_type=”simple” column_border_width=”none” column_border_style=”solid”][heading subtitle=”Membership Agreement & Waiver”]Art of Fitness Laguna Beach[\/heading][vc_column_text text_direction=”default”]Waiver and Liability Release<\/strong><\/span><\/p>\n

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 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.<\/p>\n

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 is unfounded.<\/p>\n

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, 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 \u201cReleased Parties\u201d) 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\u2019 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 preceding 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 preceding 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 California lifts all COVID-19-related mandates.<\/p>\n

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions by staff.
\nIn 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.<\/p>\n

If you are under 18, you may ONLY 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 our gym with a parent or guardian. Minors at least 12 years of age who meet the minimum height requirement of 4’11” and who have submitted a Minor Waiver Form signed by a parent or guardian may sign up for Art of Fitness classes online.<\/p>\n

CHILD \/ MINOR MEMBERSHIP \/ PARTICIPATION AGREEMENT<\/strong><\/p>\n

SPONSORING MEMBERS MUST BE 18 YEARS OR OLDER, MUST STAY ON SITE, AND MAY NOT CHECK ANOTHER\u2019S CHILD IN OR OF CLUB<\/p>\n

ACKNOWLEDGMENT AND ASSUMPTION OF RISK OF INJURY TO CHILDREN<\/p>\n

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 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 expressly assume these risks of injury to the Children.<\/p>\n

WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT<\/strong><\/p>\n

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, \u201c 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, harm, or damages.<\/p>\n

SPONSOR RESPONSIBLE FOR SUPERVISION AND MEDICAL DECISIONS WHILE ON PREMISES.<\/p>\n

As I am the Sponsoring Member, I agree that I will supervise Children between the ages of 12 – 15 in accordance with Art of Fitness policies and will always be responsible for their conduct 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.<\/p>\n

Minors 16 – 17: Minors need not be accompanied by a parent or guardian if the minor is 16 – 17 years of age and their parent or guardian signed the financial guaranty or if the minor is a guest and the parent or guardian signed the Release of Liability. Art of Fitness reserves the right, in its discretion, to suspend or terminate the child\u2019s membership and require a parent or guardian to accompany a minor.<\/p>\n

By purchasing this Agreement, I certify that I have thoroughly read, fully understand, and voluntarily accept and agree to its terms.<\/p>\n

Cancellation and Freeze Policy<\/strong><\/p>\n

New members can cancel this agreement within five days of joining; no upfront monies will be refunded for cancellation notices received after the first five days. Memberships canceled within five days will not be refunded the $25 account set-up fee. Upon advance written notice.<\/p>\n

There will be a $15 recurring 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 seven days before the club billing date (1st of the month). The freeze period must be clearly communicated and will only be frozen monthly for a maximum of 6 months; normal membership fees will automatically reactivate at the end of the requested period or six months, whichever comes first. Period freezes are not negotiable by week and\/or day of the month. If you wish to reactivate\/unfreeze your membership before the freeze cycle ends, you must check in at the front desk and authorize payment for the balance of your current monthly fee (i.e., regular dues).
\nMembers who wish to access the gym while the account is frozen will be responsible for paying the Art of Fitness Day rate of $10.<\/p>\n

A primary or partner member may terminate the membership (or any member may remove or terminate themselves from a membership) for any reason upon advance written notice, 30 days before the 1st of termination \/ last month, to Art of Fitness as provided in our membership agreement 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 e-mail (return receipt requested) to the center. We do not accept termination requests by phone, fax, or without written notice.
\nNotices received after this period will not be refunded. Existing account balances-including last month\u2019s dues (if applicable) must be paid before the account is effectively terminated and monthly billing is concluded.<\/p>\n

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.<\/p>\n

Purchase Policy<\/strong><\/p>\n

Termination within the First 5 Days of Membership. Upon written notice of termination, you may terminate your membership within five days of its activation. If we receive your written notice within five days of your membership activation, we will refund your paid Joining Fees and Membership Dues (excluding set-up fee). 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 5-day money-back guarantee is not permitted.<\/p>\n

Termination after the First 5 Days of Membership. To terminate membership, you must provide advance written notice to the 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 \u2013 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.
\nMerchandise. 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.<\/p>\n

To make a reservation, if you have an Art of Fitness membership, you must first create login credentials with the Art of Fitness front desk, then download and log in to the Fitness app. If you are not an Art of Fitness member, then you can create a new client account and verify your email through the Fitness app. Your reservation is confirmed once you receive an email and\/or text.<\/p>\n

If a cancellation policy is observed, classes do not expire once the reservation is confirmed. You cannot redeem your class for cash or transfer the 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, give us a call, stop by the studio, or e-mail us, and we will help you.<\/p>\n

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 30 minutes before class time.<\/p>\n

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.<\/p>\n

Please note, however, that your right to cancel classes does not apply to gift cards or donation-based classes\/events and is subject to Art of Fitness’ cancellation and fair practice policy.<\/p>\n

Terms and Conditions<\/strong><\/p>\n

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, cohabitation, familial\/guardianship status, age, or residency.<\/p>\n

MEMBERS<\/p>\n

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 their membership information, and make payments on the membership.<\/p>\n

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.
\nMinor Member(s): The Primary Member\u2019s children or children, for whom the Primary Member is the legal guardian, have the right and authority to make decisions concerning the care, custody, and control of said Minor. Minor Members ages 12 – 15 are permitted with a parent or legal guardian’s consent and IF the parent or guardian is present to supervise. Minors ages 16-17 can use the gym with a waiver signed by the parent or legal guardian on file. The Primary member agrees to pay monthly dues and\/or all costs associated with the Additional Member\u2019s membership; this includes but is not limited to late fees, early cancellation fees, or property damages.<\/p>\n

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 accommodate the member’s use of the center reasonably, we require both parties to sign an agreement related to such use of the center.<\/p>\n

PAYMENTS AND FEES:<\/p>\n

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 cannot draft payments from your monthly payment method when they are due successfully, 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 that 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 anytime by contacting your center. We are not responsible for overdraft fees. We do not issue regular monthly invoices. Your transaction history may be obtained by contacting Art of Fitness staff. To establish your membership, you must provide a Monthly Payment Method for auto-billing. In exceptional circumstances, however, you may avoid a forthcoming monthly dues electronic funds transfer by providing an alternate method of payment to the center at least seven (7) to three (3) business days before the last day of the month (Art of Fitness reserves the right to discontinue this option at any time). 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 signage, regular mail, or email to the address(es) associated with the membership. Membership dues are NOT determined based on a member\u2019s use of gym services and cannot be renegotiated based on times used or perceived use during a calendar month and\/or year.
\nYour continued membership with Art of Fitness constitutes your agreement to pay Art of Fitness fees, specifically its fees for late and\/or invalid payments.
\nLate 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 total amount owed for our goods and services.<\/p>\n

LATE FEE
\nWE RESERVE THE RIGHT TO CHARGE A $10 LATE FEE ON ANY PAYMENT AMOUNT (E.G., MONTHLY DUES, FEES, OR OTHER CHARGES) ASSESSED IN ANY SINGLE MONTH THAT HAS NOT BEEN PAID IN FULL CONCERNING YOUR MONTHLY DUES PAYMENT DUE ON THE 1ST 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.
\nLate 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 pay if you do pay late; and (3) what costs we will incur because of your late payment or non-payment.<\/p>\n

INVALID PAYMENTS
\nWe 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.
\nRight 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 signage, regular mail, or email to the address(es) associated with the membership.
\nMembership Changes and Information- Subject to applicable restrictions, you may change or obtain information about your membership after joining Art of Fitness, such as changing your Monthly Payment Method or adding or removing members. You must make membership changes or request information in person at the gym, not by phone, email, fax, or online.<\/p>\n

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:<\/p>\n

Members may not obtain membership information upon request other than as provided above. Specifically, without valid legal process, members or guests may not receive 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.<\/p>\n

FITNESS FLOOR<\/strong>
\nYou must be 18 years old to enter and use the fitness floor. See conditions for MINORS above.
\nYou 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 or use, please see an Art of Fitness personal trainer to familiarize yourself with its use.<\/p>\n

Equipment Reservation. You may not reserve equipment for your personal use, such as a towel, sign, or note, unless otherwise permitted (such as immediately before 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.
\nEquipment in disrepair. If you notice that any equipment is in disrepair, do not use it. Please report it immediately to an 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.
\nPersonal Items. Unless otherwise permitted (e.g., gym bags), you may not bring or set bags, clothing, food, laptops, or other items on the equipment or fitness floor.<\/p>\n

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 the equipment after use. Out of consideration for other members, refrain from talking on cell phones on the Fitness Floor or free weight areas. Please allow other members to work in while resting or using your cell phone for non-voice activities between sets.<\/p>\n

CODE OF CONDUCT<\/strong>
\nWe strive to uphold a family-oriented environment. As such, we always expect proper and respectful conduct on our premises. 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.<\/p>\n

CLUB EQUITTE:
\nFor the comfort of all members, we ask that you follow our club’s courtesy guidelines.<\/p>\n

GENERAL HYGIENE:
\nWe 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. You are also expected to refrain from or avoid smelling of smoke or other fragrant substances upon entering or using the premises.
\nWEAPONS:
\nYou may not bring or use weapons of any kind on the premises for any reason.
\nPROPER ATTIRE:
\nYou must wear proper attire at all times, including shirts and shoes, unless noted in a specific area or as appropriate for a particular activity or class.<\/p>\n

PERSONAL BELONGINGS:<\/p>\n

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. As such, we bear no responsibility for items left unattended and\/or not recovered by members\/clients before they leave our facility. Items left here at the facility will be placed in lost or 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 who accesses the Lost and Found bin.<\/p>\n

PHOTOGRAPHY AND VIDEO<\/p>\n

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 you can opt out. By your continued use of Art of Fitness\u2019 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 compensation, including but not limited to Art of Fitness commercial and promotional use on its corporate or employee social media sites.<\/p>\n

DRUGS
\nYou 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 substances. 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 use our equipment or participate in our programming safely.<\/p>\n

SMOKING
\nYou may not smoke, chew, or use any other tobacco or electronic cigarette products on Art of Fitness\u2019 premises, including any outdoor areas (e.g., sidewalks or parking lot)<\/p>\n

CENTER CLOSURE OR ACCESS RESTRICTIONS<\/p>\n

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.<\/p>\n

ILLNESS<\/p>\n

You may not enter the premises if you have a contagious illness that may be transferred through the 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.<\/p>\n

ANIMALS
\nYou 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 always caged and under a non-Art of Fitness\u2019 responsible person\u2019s control; 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.<\/p>\n

DAMAGE TO GYM
\nYou 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 or youth member on your membership, damages the center, you are liable and must pay for the damage caused, and your membership may be terminated.<\/p>\n

RESERVING SPACE OR EQUIPMENT
\nYou can reserve a space (Yoga), bike (Cycle), and spot\/space (In most Studio Classes) via the FITNESS app.
\nPlease arrive within 5 minutes of the start of class. After that, your reservation will be released and available to those on the wait list.
\nThe instructor will communicate any equipment needs for the class before the class starts. Earplugs are available in our studios or upon request.<\/p>\n

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.
\n\u2022 The warm-up at the outset of the class is an important part of the workout. If you arrive late, please enter the class quietly and appropriately.
\n\u2022 Because classes are designed as group activities, you should follow the instructor’s routines or instructions consistent with your abilities and limits.
\n\u2022 You must wait for a class to conclude before entering the studio to prepare for the next class.
\n\u2022 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.
\n\u2022 Only Art of Fitness Team Members may operate the stereo and lighting equipment.
\nSpecial Yoga Etiquette. To avoid disruption, you should not enter class during the opening meditation or leave during the closing resting pose. If you must leave class, please inform the teacher before the final pose.
\n\u2022 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.
\nA T-shirt and shoes must be worn when exiting the locker room and\/or yoga area to go to other club areas.<\/p>\n

PERSONAL TRAINING<\/strong><\/p>\n

Our personal training services include instruction, coaching, advice, lessons, or demonstrations 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”). Upon completion of a Fitness Program Agreement, members can receive personal training services, typically for a fee per session.
\nNo Personal Training by Members or Guests. You may not solicit or conduct any personal training as defined above on the premises, with or without compensation. Art of Fitness retains sole discretion to determine whether a member or guest is engaged in personal training.
\nThe client must purchase all training sessions before beginning their program. The trainer may refuse to start the program if the sessions are not purchased before the first session starts.
\nOnce the sessions have started, the remaining balance will not be refunded if 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.
\nArt of Fitness \/ Personal Trainer reserves the right to deduct late cancellation session(s) for the client\u2019s training sessions. Client agrees to be financially responsible for and pay Trainer\u2019s session rate if prepaid sessions cannot be deducted from an account because of late cancellation session(s). The client hereby permits Art of Fitness to charge the billing account on file with Art of Fitness.<\/p>\n

By using the 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 an 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 an Art of Fitness class, registering for an Art of Fitness class, booking a bike, purchasing merchandise, and\/or using or attending an Art of Fitness class.<\/p>\n

Occasional changes may be made to this document to reflect changes in the Art of Fitness policies. The Terms may be revised at any time by updating this posting. By using the Website or App, 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.<\/p>\n

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”, and who have submitted a Minor Waiver Form signed by a parent or guardian may sign up for Art of Fitness classes online.<\/p>\n

If you haven’t 15 minutes 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.<\/p>\n

By using the 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 an 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 an Art of Fitness class, registering for an Art of Fitness class, booking a bike, purchasing merchandise, and\/or using or attending an Art of Fitness class.<\/p>\n

Occasional changes may be made to this document to reflect changes in the Art of Fitness policies. The Terms may be revised at any time by updating this posting. By using the Website or App, 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.<\/p>\n

Art of Fitness reserves the right to modify the class schedule without notice and refuse service at our discretion.<\/p>\n

Refund \/ Return Policy<\/p>\n

If you haven’t canceled 15 minutes 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.<\/p>\n

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 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 that states that you are canceling your purchase.<\/p>\n

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 a refund either to the original method of payment or Art of Fitness store credit.<\/p>\n

Art of Fitness \/ Personal Trainer reserves the right to deduct late cancellation session(s) for the client\u2019s training sessions. Client agrees to be financially responsible for and pay Trainer\u2019s session rate in the event prepaid sessions are unavailable to be deducted from an account because of late cancellation session(s). The client hereby permits Art of Fitness to charge the billing account on file with Art of Fitness.<\/p>\n

Privacy Policy<\/p>\n

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 auto dialer) to the phone number you provide for transactional and marketing purposes in accordance with the terms of you 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. Your carrier may charge standard message, data, and other fees, 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.[\/vc_column_text][\/vc_column][\/vc_row]\n","protected":false},"excerpt":{"rendered":"

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