Hey, guess what, like every other company around, we’ve got some rather detailed Terms of Service.
We know it’s a long page, that’s because it’s broken up into sections which detail different aspects of the NuBody’s service. Essentially, what it says is that we do our best to provide you with a great service, governed by reasonable rules and expectations.
OK, so let’s start…
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.nubodyfitnesshhp.com or www.nubodyfitness.com (“the Site”) operated by NUBODY ENTERPRISE LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.nubodyfitnesshhp.com and www.nubodyfitness.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 NuBody Fitness’ Services. You are only authorized to use the NuBody Fitness’ 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 it. If you do not agree with it, you should leave the NuBody Fitness website and discontinue use of NuBody Fitness Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
In order to access some features of the website, you will have to create a NuBody Fitness 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, SESSION, MASSAGE 12 HOURS IN ADVANCE OR YOU WILL BE CHARGED FOR THAT CLASS, SESSION, MASSAGE. This includes switching time slots under the 12-hour notice time period. You may cancel class through our online system.
RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS, SESSION, OR MASSAGE OR YOUR SPOT MAY BE GIVEN TO A WAIT LISTED CLIENT. YOUR APPOINTMENT WILL START AND END AT IT’S SCHEDULE TIME. IF YOU SHOW UP LATE THE APPOINTMENT WILL STILL END AT THE PREVIOUSLY SCHEDULED TIME.
MASSAGE AND PERSONAL TRAINING - YOU WILL BE CHARGED IN FULL FOR THE SESSION OR MASSAGE THAT YOU ARE REGISTERED/SCHEDULED FOR ONCE YOU ARE 10 MINUTES LATE OR MORE FOR THAT SESSION OR MASSAGE. AT 10 MINUTES LATE OR AFTER YOU ARE CONSIDERED A NO SHOW AND YOU WILL BE CHARGED IN FULL FOR THAT SESSION OR MASSAGE. TO AVOID BEING CHARGED A LATE CANCEL FEE JUST REMOVE YOURSELF FROM THE SESSION 24 HOURS OR MORE BEFORE THE APPOINTMENT STARTS.
GROUP TRAINING (PERFORMANCE AND FIT) - YOU WILL BE CHARGED A LATE CANCEL NO SHOW FEE ($10.00) FOR ANY CLASS OR SESSION THAT YOU REGISTER FOR AND DO NOT ATTEND. THAT IS CONSIDERED A NO SHOW AND YOU WILL BE CHARGED A LATE CANCEL FEE FOR THAT CLASS, SESSION. TO AVOID BEING CHARGED A LATE CANCEL FEE JUST REMOVE YOURSELF FROM THE SESSION 60MIN. OR MORE BEFORE THE SESSION STARTS.
MEMBERSHIP PACKAGES: Members who purchase ANY membership package (such as, but not limited to 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 1-hour window.
PERSONAL BELONGINGS: You agree that NuBody Fitness 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.
AGREEMENT CANCELLATION: In order to cancel services with NuBody Fitness you must do so by signing the appropriate cancellation form in person and with a manager. No forms will be emailed, mailed, faxed or left for you to sign. You must sign these forms by scheduling an appointment. All cancellations require a 30 day notice. Your 30 day notice of cancellation is effective on the date you have completed the physical form. Your agreement will be cancelled the next billing cycle and you will be charged to downgrade your package.
MEMBERSHIP DOWNGRADE DUE TO NON FULFILLMENT: In the event you desire to cancel services with NuBody Fitness before you agreement/contract term is complete you will be charged a downgrade fee.
Section 1: If you cancel in the first 90 days your agreement/contract will be converted to a month to month rate for the 90 days. You will be responsible for the month to month rate in effect at the time of your cancellation. You will need to pay the difference to effectively cancel your contract.
Section 2: If you cancel after 90 days you will be responsible for 50% of the remaining months left on your agreement/contract. You will need to pay the difference to effectively cancel your contract.
Section 3: In the event that we bought you out of your gym membership by cash or way of discount and you wish to cancel your membership will be converted to the regular monthly rate at the time of membership. Your membership will then me converted and downgraded and subject to either Section 1 or 2.
AGREEMENT FREEZE: In order to Freeze services with NuBody Fitness you must do so by signing the appropriate freeze form in person and with a manager. No forms will be email, mailed, faxed or left for you to sign. You must sign these forms by scheduling an appointment. All freezes require a 30 day notice. Your 30 day notice to freeze is effective on the date you have completed the physical form.
STUDIO RULES AND REGULATIONS
You must be physically present and checked in 5 minutes prior to the start of class or your spot may be released to a waitlisted client. No exceptions.
Do NOT drop weights.
Reserved classes must be changed or canceled within 12 hours of scheduled time or they will be forfeited.
Membership packages are subject to a penalty fee for a late cancel or absence.
If recovering from injury or illness, notify the coach prior to class start time.
Classes / Sessions:
All classes and membership packages are non-refundable. No exceptions.
All classes and membership packages are non-refundable. No exceptions
All food coaching and/or nutrition membership packages are non-refundable. No exceptions
All classes and membership packages are non-refundable. No exceptions.
All massages and membership packages are non-refundable. No exceptions.
All sales are final. No returns No exceptions
For questions or support with online purchases or returns, please contact firstname.lastname@example.org
LIMITATION OF LIABILITY
By signing your initial “Enlistee” contract and/or attending classes, events, activities, and other programs and using the NuBody Fitness 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 NuBody Fitness workout program, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that NuBody Fitness strongly recommends that you consult with my physician prior to commencing any classes. By signing this document, you acknowledge that 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. By signing this document, you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages NuBody Enterprise LLC, its coaches, members, and employees. You hereby acknowledge that you, and any minor* under your care, fully release. * No one under 15 may participate. A minor aged 15-18 may participate with a parent present.
The content on the NuBody Fitness 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 NuBody Fitness, 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. NuBody Fitness 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 Company are non-confidential and shall become the sole property of NuBody Fitness.
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.
“NuBody Fitness,” “NuBody,” and the “logo” icon and other graphics, logos, wordmarks, and designs are trademarks of NuBody Fitness in the U.S. and/or other countries for which applications are pending. NuBody Fitness 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 NuBody Fitness.
The NuBody Fitness 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 NuBody Fitness via your mobile phone, (ii) the ability to receive and reply to NuBody Fitness messages, (iii) the ability to browse NuBody Fitness from your mobile phone and (iv) the ability to access certain NuBody Fitness 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 NuBody Fitnessg and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
Our Site may contain links to third-party sites that are not owned or controlled by NuBody Enterprise LLC.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, 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, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
These Terms of Service shall remain in full force and effect while you use the NuBody Fitness Services or are a Member. In order to terminate your membership you must your local studio directly via phone or email and schedule an appointment to cancel you must sign cancellation paperwork. NuBody Fitness may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that NuBody Fitness charges fees for its services, and NuBody Fitness reserves the right to change its fees from time to time in its discretion. If NuBody Fitness terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify NuBody Fitness immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
ENTIRE AGREEMENT; NO WAIVER
If you have any questions about these Terms of Service, the practices of NuBody Fitness or its services, or your dealings with this site, please contact us at:
NuBody Fitness email@example.com 704-786-8263