TERMS OF SERVICE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF HORSEPOWER FITNESS SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW.
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS THAT MAY LIMIT YOUR RIGHTS TO BRING AN ACTION IN COURT AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY AS DETAILED BELOW. THESE TERMS ALSO CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
Some terms may not apply to you.
LAST UPDATED: SEPTEMBER 2023
1. SCOPE OF AGREEMENT
HORSEPOWER FITNESS, LLC, (“HPF,” “us”, “we”, or “our”) provides fitness sessions and related Products, Services, content and features through our websites to you (any reference to you, shall also include any customer classified as a minor whose guardian must accept and ensure compliance with these terms on their behalf):
through our mobile applications (e.g., iOS and Android) (together, the “Apps”), and at our brick-and-mortar studios (collectively, with any other services, content, features or products that we provide that link to these Terms, (the “Services”).
These Terms of Service (the “Terms“) are an agreement between you and HORSEPOWER FITNESS that sets forth the legally binding terms and conditions for your use of the Services. By signing these Terms or continuing to use our Services, you agree that such use is legally sufficient consideration under these Terms. If you are enrolling or signing for a minor (15-18) years of age, or older if applicable in the minor’s jurisdiction of residence, the above applies equally to said minor.
By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Sites, downloading or using the App(s), attending sessions in our studios or at home, or contributing content or other materials to the Sites or on or via the App(s) (as applicable), you acknowledge that you have read and understood this Agreement and you agree to be bound by these Terms. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms. Please read the Terms carefully and save a copy for your own records. If you do not agree with (or cannot comply with) these Terms, you should leave the Sites or Apps and discontinue use of the Services immediately; do not install, copy, or use the Service, software or any music, images, video, text, or other material available through the Service (“Content“).
While these Terms apply to you anytime you are using our Services, certain provisions of these terms will only apply to you when you are taking part in one of our exercise sessions, either online or at a Studio (our “Sessions”). For these terms please see the General Policies, Rules and Regulations Governing Participation in Our Sessions section.
We are committed to making our Services accessible for all users and will continue to take steps necessary to ensure compliance with applicable laws. Please read our Accessibility Policy for more information. If you have difficulty accessing any content, feature, or functionality of our Services, please contact us.
2. ACCESSING THE SERVICES
To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.
By using our Services, you represent that you are at least 18 years of age, and, if under the of 18, your parent or guardian has consented to the Terms and your use of the Services. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO A MINOR’S ACCESS TO AND USE OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. A minor under 18 years of age may participate in sessions but the parent or guardian must agree to these Terms on their behalf.
From time to time, we may restrict access to some or all parts of the Services, including studio classes or personal training, the Sites, and App(s).
You agree to abide by the rules and policies established from time to time by HPF. Such rules and policies will be applied generally in a non-discriminatory manner to users of the Service and any related software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.
3. ACCOUNTS AND ACCOUNT SECURITY
In order to access some Services available on the Sites and App(s), you will have to create an account (“Account“). You may only have one active Account at any given time and may not allow other people to use your Account to access or use our Services. You may not use another person’s Account. We expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are solely responsible for the activity that occurs on your Account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.
We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Services and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account.
WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
4. AUTHORIZED USE OF OUR SERVICES AND PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms. While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws, as may be relevant in the jurisdiction in which you receive the Services or reside.
In addition, we expect users of the Services to respect the rights and dignity of others.
You agree not to use the Services or Content, for any reason whatsoever:
For any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation, as may be relevant in the jurisdiction in which you receive the Services or reside;
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.
Additionally, you agree not to, for any reason whatsoever:
Use the Services or Content for any commercial purpose;
Use the Services in any manner that could disable, overburden, damage, or impair the Sites or the Apps or any other party’s use of the Services;
Use any robot, spider or other automated device, process, or means to access the Service for any purpose;
Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Services any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
Post to or transmit through the Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services or Content;
Make available for sale or rent, or any other type of redistribution, any Content;
Use the Content or Services in any unlawful manner or in whole or in part for any unlawful purpose;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services, or express or imply that we endorse any statement you make;
Disseminate or introduce through the Services any viruses, worms, spyware, trojan horses, logic bombs, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Services or tamper with any security components, usage rules or other protection measures applicable to the Service or Content;
Build a competitive product or service using the Services, build a product or service using similar ideas, features, functions, or graphics as the Services or determine whether the Services are within the scope of any patent;
Interfere in any manner with the operation or hosting of the Services or monitor the availability, performance, or functionality of the Services;
Assist or permit any persons in violating these Terms or other applicable laws or rules governing the use of the Services;
Make any use of the Content that would infringe any copyright therein; or
Otherwise attempt to interfere with the proper working of the Services.
Our Sites or Services may allow you to purchase Products directly from us in the form of class packages, memberships, gift cards, apparel, exercise equipment, accessories, early bookings, drinks, and other related services or goods (“Products“).
We may make improvements and/or changes to our Products, add new features, or terminate a Product at any time without notice. We also:
(a) reserve the right to change the Products advertised or offered for sale through our Services, the prices or specifications of such Products, and any promotional offers at any time without any notice or liability to you or any other person;
(b) cannot guarantee that our Products advertised or offered for sale through our Services will be available when ordered or thereafter;
(c) reserve the right to limit quantities sold or made available for sale;
(d) do not warrant that information on a Sites or Apps or provided at a studio (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and
(e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on our Sites or App is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
Promo Codes and Discounts: We may offer promo codes, discounts, coupon codes, and/or other offers that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers or used with subscription orders. Only consumers can use promo codes, they cannot be used by resellers, wholesalers, practitioners, or the like. Any such promo code, discount or other offer may be discontinued or voided at any time. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Sites.
Taxes: If we are legally required to collect sales tax on Products you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
Freezing membership: You can also freeze your membership for up to six months for an injury. If you wish, you can also freeze a membership if you are pregnant, for the duration of your pregnancy. We know life happens and our trainers are excited to support you in fitness upon your return. You know your body best!
Cancellation and Expiration: Horsepower Fitness reserves time in its schedule and space in its gym exclusively for the client and that once scheduled, that time and space is unavailable for other members and guests. Notify Horsepower Fitness at least 6 hours prior to the time of the scheduled session to cancel or reschedule the session. If a client fails to notify Horsepower Fitness at least 6 hours prior to a session of their desire to cancel or reschedule the session or if they fail to attend a scheduled session, the session fee is forfeited and I will receive no refund for the session.
Class Packs: class pack sessions will expire within 12 months of first used session in said class pack. I understand and acknowledge that if I fail to schedule sessions within 12 months of first session, then my sessions will expire and I will receive no refund for the sessions.
Reservations: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED SESSIONS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT AND YOU WILL NOT BE REFUNDED FOR THAT CLASS.
IF IT IS YOUR FIRST HORSEPOWER FITNESS VISIT, YOU MUST BE PRESENT 15 MINUTES PRIOR TO THE START OF THE CLASS.
Membership Packages: Persons who purchase ANY membership package (such as, but not limited to, Small Group Classes, PWR, SWEAT, ENERGY, Personal Training, Spark, Balanced Nutrition, or future promotional programs or membership packages) are subjected to a penalty charge (fee amount varies between individual studio locations) for either a late cancel or an absence should they not cancel their reservation within the allotted 6-hour window. Recurring membership package sessions must be scheduled within 45 days of purchase. I understand and acknowledge that if I fail to schedule a session within 45 days of purchase, then my session will expire and I will receive no refund for the session.
Membership Packages can be canceled with a doctor’s order or a verified move out of the region where your membership is active, although documentation may be required in either case and we do not guarantee any such cancellation. A 30-day notice of cancellation is required. We have the final say on whether to grant a cancellation of a membership package in our sole discretion.
Payment Processing: We may use Stripe, a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices. Stripe’s current terms of service may be found at https://stripe.com/legal.
Refunds, Returns, Exchanges and Cancellations:
Online Product Purchases: Unused Product(s) purchased on our Sites or Apps, with the exception of classes and membership packages, may be returned or exchanged within 30 days of purchase. In order for a Product to be eligible for return or exchange (an “Eligible Product“), Products must be unworn, unwashed and/or unused, as applicable, and must be returned in new condition.
Refunds: Eligible Product returned within seven (7) days of purchase will be eligible for a full refund, and you will receive credit to your original form of payment. If we are unable to credit that form of payment, your refund may not be completed and may contact you for new payment information or provide your refund in another way, such as store credit. For Eligible Product returned after 7 days of purchase, store credit will be issued. The store credit will be usable for up to 30 days.
Exchanges: Any Eligible Product returned within thirty (30) days of purchase may be exchanged for another item of equal or lesser value. If you are making an exchange, your desired item may not be in stock. New products that are in stock may not equate to an even exchange and there may be a price difference between the new product and the returned product. Any difference in pricing for an exchange will be placed back on the original method of payment if the exchange is made within seven (7) days of purchase. If we are unable to do so, your exchange may not be completed. We may contact you for new payment information or elect to issue store credit instead. If the exchange is made after seven (7) days of purchase, the difference will be issued as store credit, which shall be usable for 30 days.
No returns or exchanges will be provided without a receipt. Products are only eligible for a return or an exchange, not both. We reserve the right to only issue a refund, or require an exchange, in our sole discretion regardless of what the Sites may indicate. Refunds will not be issued for products that have not been purchased directly through the Sites.
Not all Products are available for return. Sales of the following items are final and not eligible for a return or exchange:
Sale merchandise (items that have been marked down and are included in the ” final few” section or included in any FLASH SALE.
Equipment (ie: yoga mats, therapy balls, foam rollers, etc.)
PPE items (ie: masks, gloves, wipes, etc.)
Any other item that we mark as not eligible for return, such as exclusive items that have limited quantities.
To initiate a return or exchange of a product purchased online please contact email@example.com or visit your local studio.
Session and Membership Packages: Session and membership packages are non-refundable. We do not offer refunds on purchases for our sessions and membership packages, beyond your statutory rights. We strongly urge you to be modest in your session and membership purchases, and to make sure you like us, can reach the studio, and like our style of fitness before making purchases.
Studio Refund Policy: Unused merchandise (Fully tagged with no stains) purchased at HPF studio locations will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued, which will be usable for up to 30 days. No returns will be provided without a receipt.
Cancellations: YOU MUST CANCEL A CLASS 6 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT CLASS. This includes switching time slots, which must be done at least 6 hours in advance or you will be deducted the class. You may cancel class through our online system or by calling the applicable studio directly.
Shipping & Exchanges:
Shipping fees vary by Service, your location and your selected shipping method. The fees can be found as calculated during the order completion process before checking out. Unless otherwise indicated, we are only able to ship to one shipping address per order. If you’d like to ship to multiple addresses, please place separate orders for each unique address. Most products may be shipped to a P.O. Box or Military APO/FPO addresses, but some restrictions apply. Please make sure your address is correct. Once in transit, we cannot redirect shipments to a new or different address. If you order is returned for an invalid or incorrect address your order will be returned to stock and the order refunded less any shipping charges.
We are not liable for any lost shipments when USPS is selected as the shipping method.
Processing: Please allow for 2-3 Business Days for processing your order before it can be shipped (excluding weekends and holidays).
Fedex Ground: Some exclusions apply.
International Shipping: Please note that at this time we do not ship outside of the United States.
For questions or support with online purchases or returns, please contact firstname.lastname@example.org
6. GENERAL POLICIES, RULES AND REGULATIONS GOVERNING OUR SESSIONS
Non-Recording of Studio Sessions Agreement: You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any HPF sessions or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized officer of HPF. HPF trainers are not authorized to provide consent. This includes even a temporary recording/ transmission of a HPF class via online platforms such as SnapChat, Zoom, Facebook, TikTok, or Instagram.
You are, however, permitted to record and post lawful, non-offensive content related to your participation in a HPF studio class before and/or after a session with the consent of each participant who is identified in your content.
Any violation of this non-recording agreement is grounds for exclusion from participation in any HPF activities or Services. You further agree to indemnify, defend, and hold harmless HPF, its officers, directors, employees, agents, and trainers, from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this non-recording agreement.
Prohibited Behavior: We want our sessions, studios and all other Services to be safe and enjoyable environments for all of our users. With this in mind, we have established certain behavior that will not be tolerated while utilizing our Services (“Prohibited Behavior“). While using or taking part in our Services, whether in one of our studios, or at home or some other location, you agree that you shall not:
Wear inappropriate clothing that is unnecessarily revealing, intimidating or that contains messages or images that a reasonable person may find objectionable;
Exhibit nudity, indecent exposure or exhibitionist behavior of any type. This type of behavior could result in criminal charges being brought against you;
Play music that can be heard by others taking part in our Services;
Wear clothing that is inappropriate or unsafe for our workouts, such as open-toed shoes etc;
Allow any indecent or objectionable pictures, movies, words, or any other content be viewable or audible;
Interfere with other users’ enjoyment or participation in our Services;
Interrupt or interfere with our trainers or staff members;
Use our equipment in any manner for which they were not designed or that is not the proper use for the equipment;
Take part in our Services while under the influence of Alcohol, Marijuana, or any other intoxicant or narcotic;
Use your phone or other electronic device other than for the explicit purpose of taking part in our Services; OR
Violate any rule or regulation posted in our studios, on our equipment or given to you by a trainer or staff member, including but not limited to:
Not having clips on your barbell.
notifying the trainer prior to session start time if you are recovering from injury or illness or have known sensitivities.
The above list is non-exhaustive, and we, and our trainers and staff members, reserve the right, in our sole discretion, acting reasonably, to determine what constitutes Prohibited Behavior.
Any breach of any part of this clause 6 is grounds for exclusion from participation in any HPF activities, and/or the termination of any Services and/or the permanent ban of using any Services in the future.
WE AND OUR TRAINERS AND STAFF MEMBERS RESERVE THE RIGHT TO REMOVE YOU FROM A SESSIONS, STUDIO OR OUR SERVICES AT ANY TIME, IN OUR SOLE DISCRETION, FOR EXHIBITING ANY PROHIBITED BEHAVIOR.
Please note that local and/or national laws may be more prohibitive than our Prohibited Content rules, and you agree that you shall abide by all laws, regulations, rules or other ordinances wherever you are.
Health and Safety
Acknowledge that you are physically and mentally capable of performing the activities the you choose to participate in and that you are suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in training sessions. Acknowledge your responsibility to communicate any physical and psychological concerns that might conflict with participation in exercise activities to Horsepower Fitness. Acknowledge that you have been informed of the need for a physician’s approval for my participation in any exercise activities or in the use of equipment. Recognize it is your sole responsibility to obtain an examination by a physician prior to involvement in any exercise program. Acknowledge that you have either had a physical examination and been given my physician’s permission to participate, or if you have chosen not to obtain a physician’s permission prior to beginning an exercise program, acknowledge you are doing so at your own risk.
Understand and acknowledge that training and the use of exercise equipment involves risk of serious injury, including permanent disability and death.
In consideration of Horsepower Fitness’ agreement to instruct, assist, and train and the use of exercise equipment and facilities provided by the Horsepower Fitness, Horsepower Fitness and its insurers, employees, officers, directors, contractors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by the client on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of Horsepower Fitness.
Accept and assume full responsibility for any and all injuries, damages, and losses of any type, which may occur to me, and fully and forever release and discharge Horsepower Fitness, its insurers, employees, officers, directors, contractors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.
Agree to indemnify and hold Horsepower Fitness harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by the client.
The client is solely responsible for their safety and well-being.
Understand and acknowledge that there is risk involved in the types of activities and exercises offered by Horsepower Fitness. The client accepts financial responsibility for any injury that may incur either to themself or any other participant. Indemnify and hold harmless Horsepower Fitness, its insurers, employees, officers, directors, contractors, and associates from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Horsepower Fitness. Should the client, or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this policy, the client will reimburse for such fees and costs.
Understand that results are individual and may vary.
Photography and Video Release: Horsepower Fitness may take photographs, videos, and recordings of clients and their voice, conversations, grunts, groans, and other sounds made during and in connection with Horsepower Fitness activities. Acknowledge that Horsepower Fitness shall own exclusively all copyright and other rights in and to such photographs, videos, and recordings and may use them in any manner without compensation. Authorize Horsepower Fitness to use client names, voices, likenesses, and any biographical facts disclosed to Horsepower Fitness in advertising and promoting Horsepower Fitness without compensation.
By agreeing to these Terms, enrolling online, and/or attending sessions, events, activities, and other HPF programs, whether online or in a HPF studio or using HPF’s equipment, and/or by using the Services, you hereby acknowledge and agree:
(a) there are certain inherent risks and dangers in the strenuous nature of the HPF workout program;
(b) you have voluntarily chosen to participate in an intense physical exercise program;
(c) you understand that HPF strongly recommends that you consult with a licensed physician prior to commencing any classes;
(d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death;
(e) no physician or general practitioner has ever informed you that you have a heart condition and/or that you should not partake in the type of physical activities inherent in our classes;
(f) you have no ailment or injury that could be aggravated or made worse by taking part in our Services;
(g) you do not know of any reason why you should not, or that it would be harmful to your health to, take part in our classes or Services; and
(h) if you are pregnant, you agree that:
(i) You will inform your trainer; and
(ii) you have consulted a physician or general practitioner that has approved your use of the relevant services.
If you are taking part in our sessions or related Services from your home, or any other location that is not a HPF studio, through Services, we cannot guarantee the adequacy or safety of any of the equipment you use, the location or your surroundings. Please take the upmost care to protect your safety while utilizing our Services in this way and only use equipment in the way it was intended to be used.
YOU ASSUME ALL RISK FOR YOUR HEALTH AND WELL-BEING, AND FULLY RELEASE AND HOLD HARMLESS FOR ANY RESPONSIBILITY, COST OR DAMAGES HPF AND ITS ENTITIES, ITS TRAINERS, MEMBERS AND EMPLOYEES FOR ANY INJURY, HARM OR LOSS YOU MAY SUFFER, INCLUDING DEATH, AS A RESULT OF PARTICIPATION IN ANY HPF ACTIVITIES OR SERVICES. You must sign and agree to these Terms before you take part in our sessions. If you are enrolling a minor (an individual who is not the age of majority in their jurisdiction of residence) of at least 18 years of age in our sessions, the above release applies equally to said minor.
Personal Belongings: You agree that we are 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.
WIFI Access: We may provide access to WiFi connections or similar network connections to you (“WiFi”) at our studios or other locations. BY USING WIFI, YOU ARE AGREEING TO THESE TERMS. Your use of WiFi is subject to these Terms and permitted only while you comply with these Terms. We are under no obligation to provide WiFi to you and may terminate or suspend your access at any time and for any reason. WiFi networks may be open wireless networks and in any case are not intended to be used for transmission of personal, financial, or sensitive information. No network communication is 100% secure, and users should take care when using a generally available Wi-Fi connection. We do not control and are not responsible for data or content that you access or receive via the WiFI. We are not a publisher of third-party content that can be accessed through the Service and is not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service.
We reserve the right to monitor or store any transmission made through the WiFi, but we have no obligation to do so.
WIFI IS PROVIDED ON AN AS-IS BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE AVAILABILITY, FUNCTIONALITY, OR SECURITY OF WIFI.
7. DESCRIPTIONS, TESTIMONIALS, OPINIONS, RELIANCE
Our Services may contain expert or trainer opinions. Information on the Sites identified as expert or trainer opinion, or accessed from any of our Services by hyperlink, represents the opinions of these respective experts or trainers, which are not necessarily those of HPF. Our Services may also make statements related to supplements, diets or similar products or advice. Those statements should not be taken as medical advice or statements about a supplement’s or diet’s effectiveness or suitability for treatment of a medical condition.
Our Services may contain blogs or other testimonials or opinions with information about how to use a product or our Services, or statements about a product or Service’s effectiveness. Some of these statements are not written by us and do not represent our opinion. Other statements may be written by us but are not a representation or warranty about a product or Service and should not be relied upon as such.
Similarly, our Services may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be considered our endorsement of same.
The information presented on or through our Sites or Services, whether originating from HPF, our employees or affiliates, or a third party, is made available solely for general information purposes. We make no warranties or representations as to the accuracy, currency, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We reserve the right to withdraw or amend our Sites or Services, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Sites or Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites and Services, or the entire of our Sites and Services.
WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY TESTIMONIAL, BLOG, DESCRIPTION, OR OPINION POSTED ON ANY OF OUR SERVICES TO THE MAXIMUM EXTENT ALLOWED BY LAW. CLAIMS CONTAINED IN TESTIMONIALS, BLOGS, DESCRIPTIONS, OR OPINIONS HAVE NOT BEEN SUBSTANTIATED SCIENTIFICALLY OR BY THE FOOD AND DRUG ADMINISTRATION. YOU UNDERSTAND THAT NONE OF OUR SITES PROVIDE MEDICAL ADVICE, MAKE CLAIMS ABOUT DRUG EFFECTIVENESS, OR DETAIL TREATMENTS FOR SPECIFIC ILLNESSES OR AILMENTS. WE MAY NOT BE HELD LEGALLY RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITES OR SERVICES.
8. USER CONTENT
You are responsible for any information, text, reviews, posts, images, videos or other materials or content that you post using our Services, upload to us, or transmit through our Services (“User Content”). We reserve the right to alter or delete any User Content for any reason. You agree, represent and warrant that any User Content you post or share on our Services or transmit through our Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through our Services any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES RESULTING FROM ANY INFRINGEMENT OF COPYRIGHT, TRADEMARK, PROPRIETARY RIGHTS, OR ANY OTHER HARM RESULTING FROM SUCH USER CONTENT.
By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION.
User Content License: By submitting User Content to us directly or indirectly (including through any use of third party social media platforms directed at us) you grant to us the ability to use such User Content as we wish.
You also grant each user of the Services the ability to access your User Content through a Service, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Content as permitted through the functionality of a Service and under these Terms.
Forums: We may also host message boards, user-generated content, promotions, reviews, blogs, and other interactive features or services through which users can post or upload User Content or otherwise interact with our Services or users something on them (each, a “Forum”). We do not endorse User Content posted in Forums, cannot guarantee the accuracy or authenticity of such User Content, and are acting only as a passive conduit for such User Content. User Content may include suggestions for uses of our products that have not been evaluated or approved by us; we do not recommend such uses. You should never use our products in any manner other than as is described on its packaging. WE RESERVE THE RIGHT TO REMOVE ANY FORUM CONTENT, OF ANY VARIETY, AT ANY TIME FOR ANY REASON.
Forums are Public: You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any User Content you communicate in Forums may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in Forums or other aspects of the Sites and may employ anonymous usernames when doing so. Any user failing to comply with this Agreement may be expelled from and refused continued access to Forums in the future. However, we are not responsible for User Content that you or others choose to communicate in Forums, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK.
Sharing User Content: Our Services may also allow you to make recommendations or send User Content or other Content to others, for example through an “email this” or “share this” feature that will send content to the email address or social media account you provide. Only provide contact information for individuals who have told you they want to receive such content. By providing someone’s contact information, you represent and warrant that they have confirmed to you that they want to receive such content.
Prohibited Content: You agree that User Content shall not contain any of the following (together with any prohibitions contained in this section, the “Prohibited Content“):
Profane language or content;
Content that promotes, fosters, or perpetuates discrimination on the basis of race, religion, gender, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income or other protected status under applicable law;
Inappropriate sexual content or links to inappropriate sexual content, nudity or obscenity;
Conduct or encouragement of illegal activity;
Private or confidential information and/or any information that would be considered personally identifiable information of any third party;
Content that violates a legal ownership interest of any other party; or
Any other content that we determine to be inappropriate.
We retain the sole right, in our absolute discretion, to determine what constitutes Prohibited Content. WE ALSO RESERVE THE RIGHT TO REMOVE ANY USER CONTENT, OF ANY VARIETY, AT ANY TIME FOR ANY REASON.
Copyright Infringement Notices
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA“). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.
If you believe that any Content on a Sites infringes upon any copyright which you own or control, you may send a written notification to us with the following information:
A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
The URL or other specific location on the Sites that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;
Your name, mailing address, telephone number and email address;
The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf
To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.
We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide us with the following information:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
Your name, mailing address, telephone number and email address;
The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which Client address is located]”;
The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
Your signature, in physical or electronic form.
Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Further, we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Sites.
9. MOBILE SERVICES
Some of the Services may be available via your mobile phone, including but not limited to:
the ability to book and/or purchase HPF Services via your mobile phone;
the ability to receive and reply to HPF messages;
the ability to browse HPF Sites from your mobile phone and (in) the ability to access certain HPF features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”).
We do not charge any extra fees for the 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. Your use of the third-party service(s) may be subject to additional terms related to that service from the applicable service provider.
Furthermore, when you download or use our Apps on an iOS or Android device, you may be subject to the terms of service of the developers of such devices or app stores (“App Store Provider”). You acknowledge that these Terms and your use of an App is between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the App and its Content. If anything in these Terms conflicts with any usage rules for the App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with these Terms, and then exclusively for your use of the Mobile App). All rights you have to use the App are for use only on appropriate products and Services (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the App may be accessed and used by other accounts associated with you via features like Apple’s Family Sharing (or similar features from other App Store Providers) or volume purchasing.
We are solely responsible for providing any maintenance and support services for the Mobile App, as specified in these Terms or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the Mobile App, nor any warranties for the same.
WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. However, in the event that the Mobile App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.
We, not the App Store Provider, are responsible for addressing any claims relating to the Mobile App, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation;
(iv) claims that the Mobile App infringes a third party’s intellectual property rights as well as the investigation, defense, settlement and discharge of any such intellectual property infringement claim. By using the Mobile App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the App Store Provider, and its subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms and your use of the Mobile App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
10. TERMINATION & SURVIVAL
We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any membership that you have purchased, with 30 day notice, for any reason, by following the instructions on the “My Account” page or by contacting your local studio directly via phone or email. We may terminate your account or membership at any time, without warning, if you breach the Terms. If we terminate your account or membership because you have breached the Terms, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or class packages.The following Sections will survive termination of these Terms: (10) Termination & Survival; (12) Assignment; (15) Intellectual Property Rights; (19) Legal Disputes and Arbitration Agreement; (20) Indemnity; (21) Limitation of Liability; (22) Special Limitation of Liability During the Coronavirus/COVID-19 Pandemic, and any other provision(s) that by their nature should survive.
11. THIRD PARTY SITES
Our Services may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
You may not assign or transfer these Terms (or any of your rights or obligations under these Terms) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer these Terms. These Terms inure to the benefit of and are binding upon the parties and their respective legal representatives, successors, and assigns.
Notwithstanding clause 25, you acknowledge that HPF charges fees for its services, and subject to the applicable law, HPF reserves the right to change its fees from time to time in its discretion.
HPF disapproves of any un-welcomed, inappropriate and/or offensive conduct by its personnel or its members. If you believe you have been subject to un-welcomed, inappropriate, and/or offensive conduct by any HPF personnel, including while participating in a Personal Training Session or Group Session, at a HPF studio, or any other HPF-related context, we encourage you to clearly and promptly tell the person engaging in the conduct that is un-welcomed and offensive (if you are comfortable doing so). We also ask that you promptly notify HPF at email@example.com
When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify studio location or time/type of session), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.
HPF will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. HPF responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations. HPF strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore confidentiality cannot be guaranteed.
Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration procedures below for users in the United States.
15. INTELLECTUAL PROPERTY RIGHTS
The content provided through our Services, whether on the Sites and Apps, or at our studios or elsewhere, 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 HPF, subject to copyright and other intellectual property rights under the law. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. All intellectual property rights associated with the Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Services. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available through our Services is strictly prohibited. You agree not to make any use of the Content that would infringe any copyright therein.
The Service and any related software may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your personal, non-commercial entertainment use. This Content may be owned by HPF or by third parties. You shall not allow any third party to have access to or to use any Content. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. You agree that you will not attempt to modify any software or Content obtained through the Service for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content.
You represent, warrant and agree that you are using the Service for your own personal, non-commercial entertainment use and not for redistribution or transfer of any kind. You agree not to redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Service. Furthermore, HPF and/or the owners of the Content may, from time to time, remove Content from the Service without notice.
Subject to your compliance with these Terms, we grant you a limited license to access and use the Services and their Content for personal, informational, and shopping purposes. Content on the Sites and Apps, or at our studios, 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. We reserve all rights not expressly granted in and to the Services and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites and/or Services, provided by you to Company are non-confidential and shall become the sole property of HPF.
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 Services or the Content therein.
“HORSEPOWER,” and the “HPF” icon and other graphics, logos, wordmarks, and designs are trademarks of HPF. HPF 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 HPF.
You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited and without restriction, and HPF does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant HPF the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties. HPF does not waive any rights to use similar or related feedback or ideas known to HPF, developed by HPF employees or contractors, or obtained from other sources.
17. CONSENT TO COMMINICATIONS
When you use our Sites or Apps or send communications to us through our Sites or Apps, you are communicating with us electronically.
18. SERVICES INTERRUPTIONS
Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.
19. LEGAL DISPUTES AND ARBITRATION-AGREEMENT
Please Read the Following Clause Carefully.
It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.
Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. You and HPF agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration. If you and HPF do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms (including their formation, performance and breach, including breach of the arbitration agreement), your use of the Services, your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by AAA American Arbitration Association (“AAA”) Consumer Arbitration Rules (“AAA Rules”) Arbitration Rules (“CAA Rules”), excluding any rules or procedures governing or permitting class actions in either the AAA Rules or the CAA Rules. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and HPF shall select a single neutral arbitrator in accordance with the AAA Rules. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms and/or this arbitration agreement, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. You or HPF may also contact each other through the selected arbitrator for the exchange of necessary information prior to arbitration. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and HPF and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement this arbitration agreement and all other agreements between you and HPF shall be subject to the Federal Arbitration Act.
The current AAA rules governing the arbitration may be accessed at https://www.adr.org/Consumer. Updated copies of the rules are available for review from the AAA’s website (www.adr.org). If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), HPF will pay the additional cost. If HPF is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and HPF will arrange to pay all necessary fees directly to AAA. HPF will also be responsible for paying all other reasonable arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to AAA. You will not be required to pay fees and costs incurred by HPF if you do not prevail in arbitration. In the case of face-to-face proceedings, a location which is reasonably convenient to both you and us, with due consideration of ability to travel and other pertinent circumstances, shall be agreed upon. If such a location is unable to be agreed upon, it shall be chosen by the arbitrator or shall occur digitally.
In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.
You and HPF understand that, absent this mandatory provision, you and HPF would have the right to sue in court and have a jury trial. You and HPF further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. YOU AND HPF EACH FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN OUR RESPECTIVE INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE (“CLASS”) ACTION, AND YOU AND HPF EACH EXPRESSLY WAIVE OUR RESPECTIVE RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If any court or arbitrator determines that the Class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a Class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and HPF shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court Claims. Notwithstanding your and HPF’s agreement to resolve all disputes through arbitration, either you or HPF may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
You agree to release, indemnify, and defend HPF and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “Entities”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
21. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF HPF AND ITS ENTITIES TO YOU.
Notwithstanding and not prejudicing all limitations of liability or releases contained elsewhere in these Terms:
WE ARE PROVIDING THE SERVICES, INCLUDING THE SITES, THE APPS, AND ALL SOFTWARE, CONTENT, AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED BY US OR ANY OWNERS OF CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, HPF AND ITS ENTITIES AND ALL OWNERS OF CONTENT EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
HPF AND ANY OWNERS OF CONTENT DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE SERVICES OR ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE OR ANY OTHER SITES LINKED TO OR FROM THE SITES OR APP.
DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH OUR SERVICES OR ANY OTHER SITES LINKED TO OR FROM THE SITES OR APP IS DONE AT YOUR OWN RISK, AND NEITHER HPF AND ITS ENTITIES NOR ANY CONTENT OWNERS GUARANTEE THAT SUCH CONTENT OR DOWNLOADS WILL BE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
THE CONTENT CONTAINED ON SOME OF OUR SITES MAY CONTAIN INFORMATION ABOUT INGREDIENTS, PROCESSES, AND/OR THERAPIES THAT ARE NOT EVALUATED OR REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. OUR SITES MAY ALSO CONTAIN INFORMATION ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENTS. SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITES. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, YOU CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR YOU CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE CONTENT. IN THE EVENT OF A MEDICAL EMERGENCY, CONTACT EMERGENCY SERVICES IMMEDIATELY.
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, HPF AND ITS ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, HPF AND ITS ENTITIES AND ANY OWNERS OF CONTENT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR FROM SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE.
NEITHER HPF AND ITS ENTITIES, NOR ANY OWNER OF CONTENT WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES. WITHOUT LIMITING THE FOREGOING, HPF AND ITS ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
22. SPECIAL LIMITATION OF LIABILITY DURING THE CORONAVIRUS/ COVID-19 PANDEMIC.
HPF takes the COVID-19 pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, HPF cannot guarantee that you, your family, or your guests will not become infected with COVID-19 or other variants. It is possible that attending classes, events and activities at HPF may place you in close physical contact with other members, attendees and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 at HPF studios and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at HPF may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, HPF employees, members, contractors, and attendees.
By agreeing to these Terms, enrolling online, and/or attending classes, events, activities, and other programs of HPF, whether in a HPF facility or using HPF equipment, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks related to COVID-19, and accept sole responsibility for any COVID-19-related injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members in connection with attendance at HPF or as a result of participation in HPF programs (“Claims”); and (b) covenant not to sue HPF, its trainers, contractors, clients, and employees, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of HPF, its trainers, contractors, members, and employees, whether a COVID-19 infection occurs before, during, or after attending HPF studio facilities or participating in any HPF program.
Some jurisdictions do not allow waiver of certain types of risks, so the above limitations may not all apply to you.
23. ENTIRE AGREEMENT, SEVERABILITY AND WAIVER
The Terms, together with any other applicable legal agreements agreed between us, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services.
No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of the Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.
We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. HPF is not responsible for any automatic filtering that you or your network provider may apply to such notifications.
25. UPDATES TO THESE TERMS
We may revise or otherwise change or update these Terms or our Sites from time to time, as may be required to ensure we can fulfill our obligations to you as set out under these Terms, or as otherwise may be required by any regulatory body or applicable law. We will use reasonable efforts to notify you of any such substantial or material changes.
Please see the “Last Updated” and “Effective Date” dates at the start of these Terms, to see when these Terms were last revised. When changes are made to these Terms they will become immediately effective when published on this page unless otherwise noted.
We may assign these Terms at any time with or without notice to you. You may not assign or sublicense these Terms or any of your rights or obligations under these Terms without our prior written consent.
26. OTHER POLICIES
These Terms apply exclusively to your access to, and use of, the Services from which it is linked or given, and does not alter in any way the terms or conditions of any other agreement you may have with us for Products, Services or otherwise.
Other agreements and/or policies that you are subject to include:
Safety or equipment use rules (as may be provided to you);
Any sweepstakes, contests, coupons, rebates or other promotions made available through a Sites may be governed by specific rules that are separate from these Terms, and will be made available to you from time to time. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.
Should we employ you, none of the materials provided on a Sites constitute or should be considered part or of an employment contract or an offer for employment.
27. INTERNATIONAL USERS
These Terms, as well as all other documents related to it, including notices and correspondence, may not be available in your native language and may be available in the English language only.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Sites, please send an e-mail to email@example.com. You may also contact us by writing to:
Horsepower Fitness, LLC
308 Canton Rd. STE C
Cumming, GA 30040
In construing or interpreting the Terms of Service, headings are for convenience only, and not to be considered.
29. THIRD PARTY BENEFICIARIES
The third-party owners of any Content are intended beneficiaries of these Terms and shall have the right to enforce these Terms against you.
30. CONTACTING US
If you have any questions about the Terms in relation to the Services, the Sites, or App(s), please contact us at: firstname.lastname@example.org