HOW THIS AGREEMENT WORKS
By visiting, accessing, or using any part of our Services, you expressly accept, agree, and consent to the terms and conditions of this Agreement. Your continued use of the Services after any modification to the Services or update to this Agreement, constitutes your conclusive acceptance of such change. If you do not agree to these terms and conditions of use, you must not use any portion of the Services and your sole remedy is to discontinue your use of the Services.
USE OF SERVICES
All content hosted on the Services is copyrighted under the law as collective work and/or compilation. Revel Fit Club owns proprietary and intellectual property rights and title, to the collective work, including the pages, graphics, design, text, sound recordings, images, materials, and content of the Services, some of which may be trademarked. You agree not to copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from the content of the Services, including any information, products, or services.
The Services contain information about leading a healthy way of life, including information on health, wellness, and fitness issues. Such information does not represent medical diagnosis, treatment, or care and should not be used in place of consultation with or advice from your healthcare professionals. You should consult your physician or healthcare professional before beginning or altering your personal exercise, diet, or nutritional supplement program.
In order to ensure a safe and productive class setting of all participants, please abide by the following policies:
- You must be physically present and checked in 5 minutes prior to the start of class or your spot may be released to a waitlisted client. No exceptions.
- Always bring the treadmill to a complete stop before jumping off.
- Reserved classes must be changed or canceled within 12 hours of scheduled time or they
will be forfeited.
- Membership packages are subject to a penalty fee for a late cancel or absence.
- Do not put anything on the treadmills (i.e. weights or equipment).
- If recovering from injury or illness, notify the instructor prior to class start time.
You agree that Revel Fit Club is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
CANCELLATIONS & REFUNDS
You must cancel class 12 hours in advance or you will be deducted that class. This includes switching time slots under the 12-hour notice time period. You may cancel class through our online system or by calling Revel Fit Club.
All classes and membership packages are non-refundable. Unused merchandise will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued for up to 30 days. No returns without a receipt.
You acknowledge that Revel Fit Club charges fees for its services, Revel Fit Club reserves the right to change its fees from time to time in its discretion. If Revel Fit Club terminates your membership because you have breached these terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
PHONE & ONLINE CONTENT
The Revel Fit Club Services may include certain services that may be available via your mobile phone and computer. Your carrier’s normal messaging, data and other rates and fees will still apply. By using the mobile services, you agree that we may communicate with you regarding Revel Fit Club by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of may be communicated to us.
We may terminate your access to our website and mobile notifications, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We may use or disclose the personal information we collect from you or about you to do one or more of the following:
- To fulfill or meet the purpose for which you provided the information. For example, if you share your name and contact information to ask us a question or inquire about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a membership or other product or service, we will use that information to process your payment. When you enroll in a class or participate in an event, we may also save your information to facilitate communication about that event.
- To contact you and to inform you about products, services, promotions, special offers, and/or events that may interest you.
- To inform you about products and services you have purchased from us such as providing you updates and information about classes you have enrolled in.
- To provide, support, personalize, and develop our website, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional
- To provide you with support and to respond to your inquiries, including to investigate and
address your concerns and monitor and improve our responses.
- To personalize your app or website experience and to deliver content and product and
service offerings relevant to your interests, including targeted offers and ads through our website, app, third-party sites, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our app or website, products and services, databases and other technology assets, and business.
- For research, analysis, and business development, including to develop and improve our website, products, and services.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
You have the right to request Revel Fit Club delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete your personal information from our records.
Revel Fit Club does not sell personal information and holds all personal information subject to appropriate safeguards. If you have any questions regarding the processing of your personal information, we encourage you to contact us directly.
ASSUMPTION OF RISK AND WAIVER OF LIABILITY
THERE ARE RISKS INHERENT IN ACCESSING AND USING THE SERVICES, INCLUDING LOSS, THEFT, BREACH, MISUSE, OR UNAUTHORIZED USE OF PERSONAL INFORMATION. YOU EXPRESSLY ASSUME THESE RISKS, WILL ACCESS AND USE THE SERVICES AT YOUR OWN RISK, AND WAIVE ANY AND ALL CLAIMS AGAINST REVEL FIT CLUB, AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, RELATED TO SUCH ACCESS OR FOR ANY DAMAGE,
LOSS, OR INJURY OF ANY KIND SUSTAINED BY YOU OR ANY PERSON ON YOUR MEMBERSHIP CAUSED AS A RESULT OF REVEL FIT CLUB’S NEGLIGENCE. THIS DOES NOT WAIVE CLAIMS RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR RECKLESS DISREGARD, UNLESS PROHIBITED BY APPLICABLE PRIVACY LAW.
LIMIATAION OF LIABILITY
IN NO EVENT WILL REVEL FIT CLUB AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, YOUR INABILITY TO USE OR MALFUNCTIONS OF THE SERVICES, STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE SERVICES.
RESOLUTION OF DISPUTES
In the event a dispute arises between you and Revel Fit Club, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you Revel Fit Club agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between us (whether arising out of or relating to past, present or future acts or omissions) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
Each party has a choice of initiating arbitration before either the American Arbitration Association (“AAA”) or JAMS, which are both established alternative dispute resolution providers (“ADR Providers”). If neither AAA nor JAMS is available to arbitrate, we will agree to select an alternative ADR Provider to administer the arbitration in this Arbitration Agreement.
The arbitration will be conducted under the AAA Consumer Arbitration Rules (available at www.adr.org) or JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.
The arbitration hearing will be held at the ADR Provider’s location that is closest to Revel Fit Club. The location cannot be more than fifty (50) miles from Revel Fit Club’s San Diego location.
The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing
the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
WAIVER AND SEVERABILITY
To the extent that a court of competent jurisdiction determines any part of the terms and conditions in this Agreement to be invalid or unenforceable, that part will be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of the Agreement will remain in full force and effect. Revel Fit Club’s failure to exercise or enforce a legal right, remedy or benefit which is contained in the Agreement or any applicable law does not constitute waiver of its right to do so later.