Terms and Conditions – Fitness Snob Studio
I. Application of These Terms And Conditions
This website is operated by Fitness Snob Studio ("Fitness Snob", "we", "us", or "our"). These terms and conditions ("Terms") govern your relationship with Fitness Snob, including, but not limited to, your use of the Fitness Snob Website www.fitnesssnobstudio.com (the "Website") and the Fitness Snob Mobile Application (the "App"), your purchase of classes, your rights to cancel your purchase of classes, your registration for classes, your purchase of merchandise, your communication with Fitness Snob, and your use of and attendance at Fitness Snob Studio.
II. Use of the Site by Minors
Minors (persons 18 and under) are prohibited from use of the Fitness Snob Website and App. Class registration for minors must be completed in person at the studio by a parent or guardian.
In order to make a reservation, you must first buy a single class or a series of classes directly with the instructor whose class you want to attend. Purchase and reservation process varies based on the instructor and may require you to link from our site to make the purchase and secure the reservation. All purchases and reservations, regardless of whether they are purchased and reserved through Fitness Snob or a third-party site, are a binding agreement between the purchaser and the instructor. Refunds and class cancellations are also handled directly with the instructor whose class/series you purchased. We, Fitness Snob, are not responsible for any rescheduling, refunding or reimbursement arrangements for any classes. Your reservation is an agreement with you and the instructor and not with us, Fitness Snob. Please carefully read the instructors terms and conditions prior to purchase. If, however, you need assistance purchasing, reserving or cancelling classes, just give us a call, stop by the studio, or e-mail us.
IV. 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 Fitness Snob and independent fitness instructors, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in 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, 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 staff and independent fitness instructors for safe use of equipment.
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 Fitness Snob, 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 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.
V. Links/Third Party Websites
Fitness Snob has not reviewed all the sites linked to the Website and/or App, and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website and/or app may contain the Fitness Snob logos, please understand that it is independent from Fitness Snob, and that Fitness Snob has no control over the content of that website and/or app. Going to third party or off-site websites from the Website and/or App is at your own risk. These links may not imply endorsement of, sponsorship of, or affiliation with Fitness Snob.
VI. Intellectual Property Rights
The trademarks and logos of Fitness Snob are proprietary to Fitness Snob and may not be used by you for any reasons other than with express permission permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, Fitness Snob. You have the right to view, electronically copy, and print in hard copy portions of the Website and App be used only for the purposes of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Fitness Snob, is strictly prohibited.
You acknowledge that features of the site or app remain the sole property of Fitness Snob and/or third-party content providers. Fitness Snob may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.
VII. Not Authorized to Perform Data Mining
You are not authorized without the prior written permission of Fitness Snob to use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website and/or App or accessed through this Website and/or App. You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
VIII. Not Authorized to Use This Website for Commercial Purposes
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of Fitness Snob’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website and/or App in connection with the sale or resale of any Fitness Snob products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, Fitness Snob's material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, user's permission to use Fitness Snob's material will automatically terminate and any copies made of Fitness Snob's material must be immediately destroyed.
Any unauthorized use of Fitness Snob's material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
IX. Warranty Disclaimer and Limitation of Liability
In no event will Fitness Snob be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, your purchase of classes, your rights to cancel your purchase of classes, your registration for classes, your purchase of merchandise, your communication with Fitness Snob, and your use of and attendance at Fitness Snob Studio, including without limitation, any lost profits, business interruption, malware/spam/virus picked up during use of the site, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Fitness Snob expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by Fitness Snob on an "as is" basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. Fitness Snob provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
X. Acceptance of Terms
By using the Website or App, and/or using or attending a class at Fitness Snob Studio, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website or App, and/or using or attending a class at Fitness Snob Studio.
Occasional changes may be made to this document to reflect changes in Fitness Snob's policies. The Terms may be revised at any time by updating this posting. By using the Website or App, and/or using and attending a class at Fitness Snob Studio, you agree to be bound by any such revisions. You are encouraged to check this document periodically to stay informed of current guidelines.
XI. Contact Us
If you have any questions about these Terms you can reach us at email@example.com.
EFFECTIVE DATE: December 1, 2017