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Terms
LAST UPDATED: March 15, 2024
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POLICIES AND PROCEDURES
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Health + Safety
Safety is crucial, and therefore our trained Coaches provide specific instructions and corrective touches during classes to ensure athletes are safe and maintain correct form. Please notify your Coach prior to your Session if you are not comfortable with corrective touching. Furthermore, please inform your Coach of any illnesses, injuries, limitations, or any accommodations you require to assure you have the safest and most effective experience.
For safety, late arrivals will not be permitted to participate in a Session five minutes after the scheduled start of class. You assume the responsibility to use all equipment, including the Megaformer, only as instructed.Safety “Grip Socks” are required to be worn for all Sessions.
With participation in a Session, you hereby acknowledge and understand that participation in fitness classes and related activities conducted by LYV Fitness CA, LLC (DBA LYV Fitness Megaformer Studio) involves certain risks and potential dangers. By attending, you voluntarily agree to participate in the class and assume all risks associated with my participation. You are fully aware of the risks and hazards involved including, but not limited to:
You acknowledge that physical exercise can involve a risk of serious injury or even death.
You understand that it is my responsibility to consult with a physician prior to my participation in this exercise program.
You declare that I am physically fit and able to participate in this program, by attending and participating.
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Sessions
Sessions are reserved and paid for in advance through our online booking system.
Sessions expire 90 days after date of purchase.
Athletes, registrants, attendees, buyers, and guests will only provide truthful, complete and accurate information upon registration, including signing the participation waiver.
Cancellation Window and Forfeit of Credits
Session Cancellation must be made at least 6 hours prior to class (the “cancellation cutoff”) to ensure that the Session Credit goes back onto your account for use at a later date. If you do not cancel before the cancellation cutoff you will be considered a late cancel and you will forfeit the Session Credit.
Waitlist
In the event a Session is full, LYV Fitness will manage a waitlist.
When a spot becomes available before the cancellation cutoff (6 hours prior to the scheduled start of the Session), LYV Fitness will automatically add waitlisted registrants to the Sesssion and an email confirmation will be sent. It is your responsibility to cancel your waitlist reservation before the cancellation cutoff to avoid standard cancellation penalties. Following the cancellation cutoff, keep an eye on the schedule. LYV Fitness will not automatically add reservations after the cancellation cutoff (6 hours prior to the scheduled start of the Session). At that point, unreserved Megaformers will become available to book directly on a first-come-first-reserved basis.
Subscriptions and Cancellations
Subscriptions auto renew monthly, on the same day as original purchase (see Subscription contract for details).
Subscriptions must be canceled in writing at least seven (7) business days before the next automatic payment.
Subject to any regulations, a valid debit or credit card must be on file for all active accounts.
LYV Fitness CA, LLC is not responsible for any bank overdraft fees that may occur.
USE OF IMAGE AND LIKENESS
In order to enhance our clients’ safety and experience, we may take video surveillance in our studios.
By using the services offered by LYV Fitness CA, LLC, you grant LYV Fitness CA, LLC an unrestricted, sublicensable, assignable, irrevocable, perpetual, worldwide, royalty-free license to your voice, image, persona, likeness, and performance in any audio, visual, and audiovisual recordings (including, but not limited to, photographs, digital images, digital video, digital audio, video tape, and audio tape) taken or to be taken by or on behalf of the LYV Fitness CA, LLC during your participation in any activity hosted or sponsored by LYV Fitness CA, LLC ( “Content”). This license includes without limitation the right to: (a) reproduce, modify, create derivative works of, and otherwise use the Content or derivative work thereof, in whole or in part, in any manner and matter or in combination with any other material, in any format or media, whether now existing or hereafter devised, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video, audio, and all formats of computer readable electronic, magnetic, digital, laser, or optical based media (“Works”); and (b) publicly display, publicly perform, sell, rent, distribute (directly or indirectly), transmit, or broadcast the Works by any means now known or hereafter devised. You waive the right to inspect, approve or edit any such use or reproduction, and LYV Fitness CA, LLC may make all changes, modifications, rearrangements, additions or deletions in its use reproductions without any approval. This permission extends to all languages, media, formats and markets now known or hereafter devised.
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WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will LYV Fitness CA, LLC 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 LYV Fitness CA, LLC Sessions, your rights to cancel your purchase of LYV Fitness CA, LLC Sessions, your registration for Sessions, your purchase of merchandise, your communication with LYV Fitness CA, LLC, and your use of and attendance at LYV Fitness CA, LLC studios, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if LYV Fitness CA, LLC expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by LYV Fitness CA, LLC 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. LYV Fitness CA, LLC provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
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ACCEPTANCE OF TERMS
By using the Website or App, by buying LYV Fitness CA, LLC Sessions, attending LYV Fitness CA, LLC Sessions, and/or buying merchandise, you signify your acceptance of the Terms and Conditions. Occasional changes may be made to this document to reflect changes in LYV Fitness CA, LLC policies. These Terms and Conditions may be revised at any time, in our sole discretion, by updating this posting, and you agree to be bound by any such revisions. We encourage you to check this document periodically to stay informed of our current guidelines. If we modify material terms to these Terms and Conditions, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may be via email, posted notice on the Website or App, or other manner. Your failure to cease use of the services after receiving notification of the modification will constitute your acceptance of the modified Terms and Conditions.
CONSUMER RIGHT TO CANCELLATION IN CALIFORNIA
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You may cancel your purchase and receive a refund if you move more than 25 miles from a LYV Fitness CA, LLC location and LYV Fitness CA, LLC is unable to transfer the balance of your unused classes to a comparable facility within 25 miles of your new residence. You must provide written evidence of your move. You may also cancel your purchase in case of death or disability. LYV Fitness CA, LLC retains the right to require verification. Otherswise, all sales are considered final.
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CONTACT US
If you have any questions about these Terms and Conditions you can reach us at Anthony@LYVFitness.com
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LYV FItness CA, LLC
1701 N Palm Canyon Dr
Suite 8
Palm Springs, CA 92262
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LYV Fitness CA, LLC DBA: LYV Fitness Megaformer Studio; LYV Fitness; and/or LYV Fitness Palm Springs