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.

ACCOUNTS

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 4 HOURS IN ADVANCE. If you cancel after the cancellation window, the class will be deducted from your account if you are a session package holder. You must cancel class through our online system. A $15 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. Late arrivals will not be permitted into class and will be assessed the No Show penalty.

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 $15 penalty will be assessed to monthly  unlimited members.

MEMBERSHIP CANCELATIONS a minimum 30 days notice is required for all contract cancelations. No exceptions.

LATE PAYMENTS: Payments not received by the 7th of the month are subject to a $50 late fee. Payments not received by the 14th of the month will result in the termination of membership contract and activation of the early termination penalty fee. Continual non-payment of account balances and fees will result in accounts being submitted to a collections agency.

MEDICAL FREEZE/MEMBERSHIP CANCELATION: May be done at any time. Documentation from a physician is needed stating your inability to workout. Medical Freezes have a 12 month maximum span. A Physician's release is required before returning to BodyRoc. If after 12 months, a physician does not see fit for the member to participate in the BodyRoc Xperience due to injury or illness, the member's contract can be terminated without penalty with the physician's written recommendation.

OTHER FREEZES: (i.e. vacations or extended personal leaves) must be requested 30 days prior to your next membership billing date. A non-medical freeze requires a $25 fee for each month the account is frozen. There is a 3 month cap on all non-medical freezes. After the third month, membership dues will be drawn per the normal schedule. All freezes MUST be for the entire month requested. No pro-rated or partial month freezes. Members can use up to 3 months of non-medical freezes per year. 

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 $15 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.

MOBILE SERVICES

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.

TERMINATION

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.

BODYROC, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third party site that you visit.

GOVERNING LAW

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.

ELIGIBILITY

Membership is void where prohibited. The BODYROC website is intended solely for Users who are 13 years of age or older. Any registration by, use of, or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using BODYROC Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.

TERM

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.

FEES

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.

PASSWORD

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

These Terms of Service, together with our Privacy Policy, and any other legal notices published on the BODYROC website, shall constitute the entire agreement between you and BODYROC concerning our website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and BODYROC's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. BODYROC reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the BODYROC website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

ARBITRATION

YOU AND BODYROC AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

CONTACTING US

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:

BODYROC LLC
641 New Park Avenue
West Hartford, CT 06110
[email protected]

These Terms of Service are effective as of January 1, 2017.