TERMS AND CONDITIONS
This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Wise Works Fitness, 3309 East 62nd Ave, Spokane WA 99223 (“Wise Works Fitness”), and you the member. Wise Works Fitness is a boutique fitness studio offering personal training. This Agreement entitles members access to participate in personal training. Please review this Agreement thoroughly as it is a legal contract between Wise Works Fitness and all members. By using the services offered at Wise Works Fitness, members are agreeing to the terms of this Agreement.
PURCHASES AND PAYMENT
PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Class packages are billed in-full at the time of purchase. Monthly membership payments shall be made the anniversary date of your activation, on a month-by-month basis, via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below.
In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.
FREEZE POLICY: Members with a monthly membership may put their membership on hold, in one-month increments, for up to three (3) calendar months. A fee of $25 will be charged per freeze request. Notice of intent to freeze one’s account must be submitted to Wise Works Fitness via email at email@example.com no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months.
CLASS CANCELLATION AND BOOKING POLICIES
RESERVING CLASSES: Clients are solely responsible for the booking and cancelling of their classes. Clients may reserve class spots online through their account, through the Wise Works Fitness website wiseworksfitness.com.
SIGN-IN: Clients are required to enter their scheduled class no later than 5-minutes after the scheduled start time. If a client does not enter their classroom by this time, it is considered a no-show and Wise Works Fitness reserves the right to assign the spot to another person on the waitlist.
CANCELLATIONS: Reservations may be cancelled without penalty by cancelling up to 12 hours prior to the class start time. This may be done online via a client’s account, or by calling the studio during regular operating hours and confirming with studio staff.
Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are not valid and the member will be charged.
MONTHLY MEMBERSHIPS: If you do not cancel within the 12 -hour requisite window, your session will be forfeit. If you do cancel within the 12-hour requisite window, your session may be made up during the time remaining on your membership. There is no carryover from one month to the next if you miss a scheduled session and are unable to make the session up at a time offered by Wise Works Fitness. All members are afforded 1 (one) missed session without notification within 12-hour requisite window. This new scheduled session will be offered at an available time by Wise Works Fitness. If you are unable to make this session, your session will be forfeit.
If you book multiple classes, or waitlist multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. Wise Works Fitness staff cannot be held responsible for accidental bookings by clients, double bookings, or double waitlisted classes made by members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.
PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT
PACKAGE PURCHASES: By purchasing a package from Wise Works Fitness, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members. Auto-debit contract members are required to keep a current credit card on file.
Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen. Packages that expire will activate on the first class either booked OR waitlisted. Placing yourself on a waitlist with an expiring package will activate your package. Wise Works Fitness staff will not adjust or extend special packages due to waitlisted classes or accidental bookings thorough the acts or omissions of clients. The expiration date set on an expiring package is the date on which the package may no longer be used. Members purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.
CREDIT CARD ON FILE: Members may elect to keep a credit card on file using their Wise Works Fitness account online. By placing a card on file, the cardholder and account holder gives permission to the Wise Works Fitness staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the Wise Works Fitness, cancellation policy detailed above.
AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize Wise Works Fitness, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Wise Works Fitness will initiate transfers/charges pursuant to this authorization not to exceed the amount show on you Membership Agreement and/or in connect with cancellation fees per the cancellation policy. Wise Works Fitness may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) the Wise Works Fitness booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. Wise Works Fitness cannot be held responsible for errors in processing due to expired or inaccurate information.
AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of Wise Works Fitness, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes and exercise equipment in association with the Classes and Facilities.
You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also 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 staff. If in the subjective opinion of the Wise Works Fitness staff, you would be at physical risk participating in Wise Works Fitness Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Wise Works Fitness with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Wise Works Fitness concerns and stating that Wise Works Fitness concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and 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 Classes and Facilities, (2) release, indemnify, and hold harmless Wise Works Fitness, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, 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 Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Wise Works Fitness Classes and Facilities, (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 using Wise Works Fitness Classes and Facilities, and should not be participating in any Classes.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Wise Works Fitness has put in place aggressive preventative measures to reduce the spread of COVID-19. However, the studio cannot guarantee that you or any member/employee of Wise Works Fitness will not become infected with COVID-19. Further, attending the studio could increase your risk of contracting COVID-19.
You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by attending the Wise Works Fitness classes and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the studios may result from the actions, omissions, or negligence of myself and others, including, but not limited to, studio employees, instructors, and staff.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at Wise Works Fitness (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless Wise Works Fitness, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Wise Works Fitness, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Wise Works Fitness program.
You expressly agree to indemnify and hold the company 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 me or my guest.
You agree to be solely responsible for the safety and well-being of yourself.
You agree to comply with all rules imposed by Wise Works Fitness regarding the use of the facilities and equipment.
You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by Wise Works Fitness. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER
You may cancel this Membership Agreement at any time. You must provide Wise Works Fitness written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than ten (10) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take affect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled as of the date of the subsequent billing payment due date.
If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Wise Works Fitness, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and Wise Works Fitness reserves the right to pursue additional avenues or means to receive monies owed.
This Membership Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of Wise Works Fitness services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability); and (2) the member moves further than twenty five (25) miles from Wise Works Fitness. The member shall provide proof of new residence.
CONDUCT/DAMAGES: Wise Works Fitness is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Wise Works Fitness rules and regulations or who abuse equipment in any fashion will be asked to leave. Wise Works Fitness has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Wise Works Fitness property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Wise Works Fitness reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Wise Works Fitness.
PHOTO/VIDEO RELEASE: You hereby grant Wise Works Fitness, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Wise Works Fitness and to use and publish these photos or videos in print and/or electronically. You agree that Wise Works Fitness may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.
You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the fifth business day of the health studio after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to Stephen Lay, 3309 East 62nd Ave, Spokane WA 99223. firstname.lastname@example.org
ONLINE TRACKING; INDIVIDUAL CHOICE AND ACCESS
Wise Works Fitness collects personally identifiable information, such as names, postal addresses, email addresses, credit card information when it is voluntarily submitted by members and/or visitors. This information is used for membership ad billing purposes only and is not sold to third parties for any reason. If you have any questions regarding the information that is collected, you may direct all inquiries to email@example.com.
Personally identifiable information is kept secure. Only authorized employees, agents, and contractors who have agreed to keep information secure and confidential have access to this information. All emails and newsletters from this site allow you to opt out of future marketing mailings. Wise Works Fitness uses industry-standard efforts to safeguard the confidentiality of members’ personal information, including the use of firewalls and secure sockets layer software where appropriate.
HOW WE RESPOND TO ‘DO NOT TRACK’ SIGNALS
Wise Works Fitness does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, Chrome and Safari web browsers allow you to set the DNT signal on so that third parties (particularly advertisers) know you do not want to be tracked. This option can be found in the “Preferences” menu of the browser.
It is important that you protect against unauthorized access to your password and to your computer. If you use the website, you agree that (1) you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer; and (2) you agree to accept sole responsibility for all activities that occur under your account or password. Please be sure to sign off when you are finished using a shared computer.
Wise Works Fitness reserves the right to refuse, terminate accounts, remove or edit content, or cancel orders in its sole discretion. When you visit Wise Works Fitness, or send emails to an associated account, you are communicating electronically, and therefore consent to receive communications electronically. Wise Works Fitness will communicate with members by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
WHAT INFORMATION DO WE COLLECT?
Currently, wiseworksfitness.com gathers information (such as name, e-mail address and zip code) strictly for contact purposes when users opt to fill out an e-mail submission form to inquire about our company and about membership. In some cases we ask for other optional information including additional contact information and certain demographic information (such as phone number and gender). If you provide your mobile telephone number you are providing consent to receive SMS text alerts from Wise Works Fitness and you confirm that you are the customary user of the phone number submitted. Text alerts may be sent using an automated dialing system. Your consent is not a condition of purchasing any goods or services, and may be revoked at any time, including by responding STOP to any SMS text alert you receive. Message and data rates may apply.
HOW DO WE USE YOUR INFORMATION?
We may use your information to communicate special offers, promotions and information about our company to you via email and/or via text message. If you do not wish to receive emails you will have the option to opt out of future mailings (see the section below). If you do not wish to receive text messages you may revoke your permission at any time, including by responding STOP to any SMS text alert you receive. Message and data rates may apply. We may also use your information to compile usage statistics and other data regarding the use of the Web site services. We will not share your personally identifiable information with third parties, outside of the limited circumstances referenced in the paragraphs below. We may, however, share with partners aggregated statistical data that includes users' demographic information but does not identify them. We reserve the right to provide any and all such aggregated and non-individually identifiable data to third parties.
HOW DO WE USE YOUR EMAIL INFORMATION?
At Wise Works Fitness we respect your concerns about privacy. We collect email information to provide a more personalized and relevant experience. If you give us your email address when you inquire about membership, request a trial pass, or sign up, we will send you emails about exclusive offers, and news at Wise Works Fitness. If you have previously opted out of receiving emails from us, providing updated information will act as an 'opt back-in'. If you want to opt-out of receiving promotional emails, simply click on the unsubscribe link located on the bottom of all of our emails. Although we strive to update our email list as frequently as possible, you might receive another contact before we are able to remove you. Please note that you will continue to receive Member Services related communications as it pertains to your member account. Wise Works Fitness may use any of your contact information held on file (including Email, Mailing, Phone & Fax) to communicate with you in relation to day to day administrative activities, such as freeze requests, online purchases and important service alerts. Wise Works Fitness never sells or rents your name, e-mail address, or any other personally identifiable information to third-parties.
WE ONLY SHARE USER INFORMATION IN THE WAYS DESCRIBED BELOW:
Agents: We may employ other companies and individuals to perform functions on our behalf. We will disclose your personally identifiable information to third parties for tracking purposes, to charge your credit card (or process your check or money order, as appropriate), fill your order, improve the functionality of our site, perform statistical and data analyses, deliver your order and deliver promotional emails to you from us, removing repetitive information from customer lists, providing marketing assistance and providing customer service. For example, we must release your credit card number to confirm payment; and release your mailing address information to the delivery service to deliver products that you ordered. They have access to personal information needed to perform their functions, but may not use it for other purposes.
PROTECTION OF WISE WORKS FITNESS:
While this site may contain links to other sites, please note that when you click on one of these links, you are 'clicking' away from fitness360spokane.com to another Web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours. We are not responsible for the privacy practices or the content of such Web sites.
HOW CAN YOU CONTACT WISE WORKS FITNESS?