WAIVER, TERMS OF SERVICE
& PRIVACY POLICY

These Terms of Service (“Terms”) govern your access to and use of the PEAK|45 website, all PEAK|45-branded studio locations, and related services (collectively the “Services”) operated by PEAK 45 Holdings LLC, including its subsidiaries and affiliates.

By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and our Liability Waiver (collectively, the “Agreements”). If you do not agree to the Agreements, you may not use our Services.

These Terms apply to all users, including but not limited to visitors, members, and clients who access any PEAK|45 studio location or utilize our online services. For questions, please contact info@peak-45.com.

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Communications
By using our Services, you consent to receive communications from us including newsletters, service announcements, and account notifications via email, SMS, or other platforms. You may opt out of marketing messages at any time, but transactional communications may still be sent.

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Purchases, Auto-Renewals, and Cancellations
Purchasing a membership, class package, or product constitutes agreement to these Terms. Recurring memberships will auto-renew until cancelled. Cancellation must occur via the same method used to enroll, in accordance with FTC “Click to Cancel” rules. A 30-day written notice may apply.

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Refunds and Class Policies
– All sales are final. No refunds unless legally required or approved by management.
– Class packs and memberships have clear expiration dates shown at the time of purchase.
– $15 Late Cancel Fee applies to cancellations made within 10 hours of class.
– $30 No-Show Fee applies to any unattended, uncancelled class.

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Privacy Policy
PEAK|45 collects personal data (e.g., name, email, health info) to operate our business and serve you. We may use your data for scheduling, communication, and analytics. We do not sell your data. We share information with secure partners including Mariana Tek, BrandBot, payment processors, and studio service providers.

You have the right to:
– Access or update your personal information
– Request deletion of your data (where applicable)
– Opt out of marketing communications

We retain data only as long as necessary to provide services and comply with legal obligations. Cookies and third-party tools like Google Analytics or Meta Ads may track website usage. You may opt out via browser settings.

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Universal Liability Waiver

This Liability Waiver and Release Agreement (the “Agreement”) is entered into by the undersigned (“Participant”) in favor of PEAK 45 Holdings LLC and its affiliates, members, owners, and subsidiaries (collectively “PEAK|45”).

1. Voluntary Participation & Risk Acknowledgment
I understand that fitness activities at PEAK|45 involve inherent risks, including but not limited to physical exertion, injury, illness, or death. I voluntarily assume these risks.

2. Release and Waiver
I release PEAK|45, its owners, members, managers, instructors, and staff from all claims for injury, damage, loss, or wrongful death arising from participation, except where prohibited by law.

3. Indemnification
I agree to indemnify and hold harmless PEAK|45 from all liabilities, legal fees, or claims arising from my conduct or participation.

4. Health Condition Disclosure
I affirm I am physically fit and have consulted a physician, or knowingly decline to do so, before participation.

5. Property & Personal Items
I release PEAK|45 from responsibility for lost, stolen, or damaged personal property.

6. Media Release
I grant PEAK|45 permission to use my likeness in photos or videos for marketing, without compensation.

7. Minor Participants
If under 18, a parent/guardian must accept this waiver. They consent to the above terms on the minor’s behalf.

8. Legal Provisions
This waiver is governed by the laws of the state where services are provided. If any portion is invalid, the remainder remains in effect.

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By participating in any activity, creating an account, or attending classes at PEAK|45, you agree to the full Terms of Service, Privacy Policy, and Liability Waiver as stated above.

For full details or questions, contact: info@peak-45.com

Effective Date: March 2025