TERMS OF SERVICE
Please read these Terms of Service ("Agreement”) carefully before using www.bodyrocfitlab.com ("Site") operated by BODYROC, LLC ("us," "we,” or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.bodyrocfitlab.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of BODYROC Services. You are only authorized to use the BODYROC Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save them. If you do not agree with these Terms of Service, you should leave the BODYROC website and discontinue use of BODYROC Services immediately. If you wish to become a Member of BODYROC, you must read these Terms of Service and indicate your acceptance during the registration process.
In order to access some features of the website, you will have to create a BODYROC account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
MEMBER SERVICES AND POLICIES
CANCELLATIONS: As stated in the membership agreement, YOU MUST CANCEL CLASS AT LEAST 12 HOURS IN ADVANCE FOR THE FIRST CLASS OF THE DAY (5:30 a.m. Monday-Friday, 7:15 a.m. Saturday) AND AT LEAST 4 HOURS IN ADVANCE FOR ALL OTHER CLASSES OR THAT CLASS WILL BE DEDUCTED FROM YOUR CLASS PACKAGE. This includes switching time slots under the 12/4-hour notice time period. You must cancel class through our online system. A $10 penalty will be assessed to monthly members.
RESERVATIONS: You MUST be physically present 5 MINUTES prior to the start of your scheduled class or your spot may be given to a waitlisted client.
MEMBERSHIP PACKAGES: Members who purchase ANY membership package (such as, but not limited to a single class, five class package, ten class package, twenty class package, future promotional programs or membership packages) are subject to the penalty of a deduction of that class from their class package for either a late cancel or an absence, should they not cancel their reservation within the allotted 12/4 -hour window ((see cancellation policy). A $10 penalty will be assessed to monthly unlimited members.
MEDICAL FREEZES: May be done at any time. Documentation from a physician is needed stating the inability to workout. Medical Freezes have a 3 month maximum span. A Physician's release is required before returning to BodyRoc.
OTHER FREEZES: (i.e. vacations or extended personal leaves) are only allowed if a member has currently met the terms of their membership. This freeze is allowed only for 1 month's time and members are only allowed 1 non-medical freeze once per year once the terms of their current contract have been met.
MEMBERSHIP CANCELATIONS a minimum 30 days notice is required for all contract cancelations. No exceptions.
PRO-RATED (PARTIAL MONTHS) do not count towards contract terms.
STUDIO RULES AND REGULATIONS
PERSONAL BELONGINGS: You agree that BODYROC 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.
- All classes and membership packages are non-transferable and non-refundable. No exceptions.
- All bags, clothing, and other personal items must be stored using cubbies and/or coat hooks before entering the studio.
- Put away all equipment at the end of class.
- Always bring treadmill to a complete stop before jumping off.
- Do not put anything (i.e., water bottled) on the treadmills.
- Towels are required during class.
- Clients may not vary from instructed exercises.
- All prior injuries must be reported before each class.
- Class reservations must be canceled at least 12/4 hours in advance, or that class will be deducted from your class package. A $10 penalty will be assessed to monthly members (see cancellation policy).
- All members on the roster for class are given a 5 minute grace period to arrive after the start of class time.
Any later than 5 minutes and you will not be allowed in the FitLab.
- You must be physically present at least 5 minutes or your spot may be given to a waitlisted client. A $10 penalty will be assessed to monthly members.
LIMITATION OF LIABILITY
By signing your initial "Enlistee" contract and/or attending classes, events, activities, and other programs and using the BODYROC studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the BODYROC workout program. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that BODYROC strongly recommends that you consult with your physician prior to commencing any class. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further 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 trainers and staff. In consideration of being allowed to participate in and access the BODYROC classes and studio 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 BODYROC classes and studio facility, (2) release, indemnify, and hold harmless BODYROC, employees and 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 BODYROC classes or BODYROC studio facility, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of BODYROC’s classes and studio facility, (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 participating in BODYROC classes and use of studio facilities, and should not be participating in any classes.
INTELLECTUAL PROPERTY AND TRADEMARKS
The content on the BODYROC website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BODYROC, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BODYROC reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to the Company are non-confidential and shall become the sole property of BODYROC. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
"BODYROC," "BODYROC FIT LAB," and the "muscle and gear" icon and other graphics, logos, wordmarks, and designs are trademarks of BODYROC in the U.S. BODYROC’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BODYROC.
The BODYROC Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase BODYROC classes via your mobile phone, (ii) the ability to receive and reply to BODYROC messages, (iii) the ability to browse the BODYROC Site from your mobile phone and (iv) the ability to access certain BODYROC features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding BODYROC and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
We may terminate your access to the Site, 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.
THIRD PARTY SITES
Our Site may contain links to third party sites that are not owned or controlled by BODYROC, LLC.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Connecticut, USA, without giving effect to any principles of conflicts of law.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, discontinue any use of the Site immediately.
These Terms of Service shall remain in full force and effect while you use the BODYROC Services or are a Member. You may terminate your membership at any time, for any reason, by contacting your local studio directly via phone or email. BODYROC may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that BODYROC charges fees for its services, and BODYROC reserves the right to change its fees from time to time in its discretion. If BODYROC 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.
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify BODYROC immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
ENTIRE AGREEMENT; NO WAIVER
If you have any questions about these Terms of Service, the practices of BODYROC or its services, or your dealings with this site, please contact us at:
641 New Park Avenue
West Hartford, CT 06110
These Terms of Service are effective as of January 1, 2017.
PERSONAL IDENTIFICATION INFORMATION
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, and/or credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.
NON-PERSONAL IDENTIFICATION INFORMATION
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about User’s means of connection to our Site, such as the operating system and the Internet service providers utilized, and other similar information.
WEB BROWSER COOKIES
HOW WE COLLECT INFORMATION
BODYROC may collect and use User’s personal information for the following purposes:
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, survey or other Site feature
We may use the information Users provide to send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
HOW WE PROTECT YOUR INFORMATION
We adopt appropriate data collection, storage and processing practices, and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
SHARING YOUR PERSONAL INFORMATION
We do not sell, trade, or rent User’s personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
COMPLIANCE WITH CHILDREN’S ONLINE PRIVACY PROTECTION ACT
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
YOUR ACCEPTANCE OF THESE TERMS
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
641 New Park Avenue
West Hartford, CT 06110