WAIVER, TERMS OF SERVICE
Release By signing up for, and being allowed to participate in, classes, workshops and other activities (collectively, “Classes”) operated by Peak | 45 and all entities of Peak | 45 (“Peak | 45”, which term shall include for purposes of this Agreement its subsidiaries, affiliates, employees, members, staff, representatives, instructors, independent contractors, equipment manufacturers, licensors, officers, directors, managers and the like) and in addition to the payment made to participate in such classes and activities, I hereby understand, agree and acknowledge on behalf of myself, my heirs and assigns the following: 1) I will be attending Classes utilizing facilities and equipment and performing exercise at Peak | 45 from and in which there are inherent risks and dangers in association therewith. These can include but not be limited to physical injury to my legs, knees, back, shoulders, head, injury or strain to the cardiovascular, circulatory and/or respiratory systems and injuries to other parts of the body. 2) I have no known medical or physical condition (including pregnancy), mental or emotional disability, including but not limited to cardiac irregularity, episodes of dizziness, asthma or other breathing difficulties, diabetes, neurological disorders, spinal joint tendon or ligament injuries, high/low blood pressure or any other disability that would put me in any physical or medical danger or prevent or limit me from attending and/or using any Peak | 45 Classes. 3) I have not been advised by a physician to limit my physical activities and I am not under the influence of any medication or substance that would prevent such participation. 4) It is the recommendation of Peak | 45 that I consult with a physician before participating in classes and that my participation in such classes is purely voluntary at my own risk and that I agree to assume all risks related to or inherent in such participation, which may include and not be limited to risk of serious physical injury, lightheadedness, fainting, fluctuations in blood pressure, fluctuations in my heart rate and there is also risk of death. 5) The instructions and advice of instructors is not to be construed by me to be medical advice. 6) If in the opinion of Peak | 45 my access or participation may endanger my health then Peak | 45 may (but is not obligated to and is not assuming any duty to me with respect thereto) deny me access and the right to participate until I furnish a letter from my physician stating that in the opinion of such physician I am medically and physically able to participate in the Classes. 7) I must adhere to the Peak | 45 cancellation policy whereby if I do not submit my electronic cancellation when and as required from time to time in advance of a scheduled class then I shall be responsible for the entire cost of the class or such lesser costs or late fees as deemed appropriate by Peak | 45. In the event I have an unlimited monthly membership and I cancel less than 10 hours (subject to change) in advance of the scheduled class then I shall be responsible for a late cancellation fee or no show fee in an amount from time to time established by Peak | 45. If I have an unlimited monthly membership and do not late cancel or show up to class, I shall be responsible for a “no show” fee as established by Peak | 45. 8) I agree to wear grip socks with some form of gripping ability or certain footwear approved by Peak | 45. 9) At the end of a class I shall wipe down my machine with the appropriate wipes provided by Peak | 45 at the end of a class. 10) I will have a valid credit card associated with my account at all times. If there is not a valid credit card on file, PEAK | 45 has the right to immediately terminate the contract. 11) Peak | 45 is not in any way responsible for the safe keeping of my personal belongings while I attend a class and that any storage capability that is provided for my use by Peak | 45 is strictly as a courtesy for my own benefit and at my own risk. 12) IN CONSIDERATION OF MY RIGHT TO PAY FOR AND PARTICIPATE IN CLASSES, I EXECUTE THIS RELEASE AND AGREE ON BEHALF OF MYSELF, HEIRS AND ASSIGNS TO INDEMNITY, HOLD HARMLESS, DEFEND AND RELEASE PEAK | 45 FROM ANY AND ALL LOSSES, INJURIES, CLAIMS, DAMAGES, LIABILITIES AND CAUSES OF ACTION (COLLECTIVELY, “CLAIM”) THAT MAY ARISE, DIRECTLY OR INDIRECTLY, FROM MY PARTICIPATION REGARDLESS OF HOW SUCH CLAIM MAY HAVE COME ABOUT. 13) I have read and understand the foregoing and I have had the opportunity to have this document reviewed by an attorney of my choice. 14) The rules and regulations of Peak | 45 may change from time to time and my continued participation is an acknowledgment of my agreement to such rules and regulations as they may change from time to time. 15) Peak | 45 is relying upon this agreement and the representations herein to allow me to participate in classes. 16) This agreement and release shall remain in full force and effect for so long as I participate in activities and Classes at Peak | 45. 17) The venue for any dispute arising from this agreement shall be in the State of Utah in the County of Salt Lake & Summit and I submit to jurisdiction in such State and County. 18) In the event any portion of this agreement is deemed to be not enforceable, then it shall not impair the remainder of the agreement. 19)I grant PEAK | 45 unrestricted permission to photograph, video record, audio record and capture through digital images of me and/or present at any event my child to use in promotional and other materials in all formats. I can revoke permission by providing written notice of my revocation to Peak |45.
Terms of Service
Below are the Terms of Service that you agree to when you create your PEAK|45 account.
Autopay Membership Terms.
Price, start date and number of classes per month are set at each Monthly Autopay purchase. The price and number of classes shall remain the same so long as the Monthly Autopay remains active. Any interruption in billing or cancellation of the autopay will result in the price being cancelled. If you wish to buy another autopay after cancellation, you will have to purchase a new autopay at the current price rate.
Classes purchased on Monthly Autopay do not roll over. Autopay Memberships are for 3 or 12 months commitment and renew monthly. After the 3 Months or 12 months, depending on your autopay commitment length the autopay will renew for the commitment autopay period time, you can cancel your membership after the original term at any time so long as you give written notice at least 45 prior to your next billing date. In the event that you need to terminate your Monthly Autopay prior to the end of your commitment time period a fee will be charged. The 3-month commitment period, you agree to pay the remaining time left of your period. The 12-month commitment you agree to pay 2 month worth of monthly charge. You agree that the early-termination fee may be billed to the card on file.
The Monthly Autopay price is only available to autopay members. By accepting this Monthly Autopay you agree to have your payment automatically billed by PEAK45 to the credit card on file with PEAK45 (the “Studio”). You also agree to keep a card on file with the Studio. Any interruption in billing that lasts more than 7 days will terminate your pricing option. If your Monthly Autopay is terminated for any reason and you wish to restart your membership, a new Monthly Autopay must be purchased.
The following penalties apply: Late-cancel fee (for classes cancelled less than 10-hours prior to class): $15. A No-show fee is $15 and class will be deducted from your monthly pass (*unlimited autopays will be charged a $30 no-show fee).
By accepting the Terms of Service you are acknowledging that you understand that there are risks inherent in physical activity generally and Lagree specifically. You assume all risks associated with your presence at and/or your participation in classes, events and private instruction at PEAK45. You acknowledge that these risks include, but are not limited to the risk of contracting Covid-19, and release any and all claims against PEAK45, its employees, insurers, owners, directors and managers for any injury to your person or property. You also acknowledge and agree that PEAK45 may terminate your Monthly Membership at any time and that if your Monthly Membership is terminated for cause, no refund will be issued.
Cancelling Monthly Memberships. To cancel a monthly membership outside of the initial 6-month contract period, please provide written notice at least 45 days prior to the cancellation date. Our system is unable to prorate returns. Therefore, cancellations that do not comply with the 45-day rule cannot be refunded. If you are cancelling within the 6-month period, please remember that an Early Termination Fee will be applied. Please email email@example.com for assistance in cancelling your membership.
Suspending Membership. Monthly Memberships can be suspended for any reason for a period of 30-60 days once per year. Suspending requires 14-days notice. Any additional suspensions require a medical reason.
Unlimited Pricing Options (Autopays, 1 Month and Introductory Specials). One class per day limit.
Class Packs. Class packs have expiration dates and are listed online and in the title of the class pack. All classes must be used prior to the expiration date. Expiration dates will not be extended unless there is a medical reason.
Class Packs Can Be Split. If you purchase a 10 class pack or higher, it may be used to pay for guests. Each person attending on the pass must create an individual studio account (prior to class)
Late-Cancel and No-Show Fees. If you cancel a class less than 10 hours prior to the scheduled start time, you will be assessed a late-cancel fee. If you fail to attend a class you are signed up for, you will be assessed a no-show fee. Fees are assessed based on the payment method used for booking the class.
- Monthly pass:
- Late-cancel fee – $15
- No-show fee – $15 + loss of a class
- Unlimited autopays will be charged a $30 no-show fee
- Punch card/Drop In:
- Late-cancel fee – $15
- No-show fee – $15 and loss of class
Grace Fee Waiver. Everyone receives one get out of jail free card. To use your get out of jail free card or to receive a refund of late-cancel/no-show fees, your waiver request must be made and resolved within 24-hours of the start time of the missed/late-cancelled class. Any fee waiver made outside this window can only be credited to your account. If you are on the 3-month commitment autopay you are allowed an additional Grace Fee Waiver per 3-month commitment term. If you are on 12-month commitment you are allowed 4 additional Grace Fee Waiver per 12-month term.
Tardy policy. Students who arrive more than four (4) minutes after the scheduled start time of a class will not be allowed to join. New students must arrive 10 minutes prior to class for orientation.
Studio Accounts Are Required. Creating an account allows you to electronically sign our waiver and it allows us to contact you in the event of any scheduling changes (i.e. power outages, substitute teachers, etc).
Grip Socks Are Required. It’s for your safety. Also, it cuts down on odor in the studio and keeps foot sweat from getting on the carriage and pit straps. I think we can all agree that direct contact with another person’s foot sweat is something to be avoided.
Merchandise must be exchanged within 14 days of purchase to the same studio from which it was purchased. Merchandise must not be worn, altered or washed.
Merchandise must have all tags attached and be returned in original packaging.
No cash refunds.
SERVICES (CLASSES, WORKSHOPS, ETC) REFUND POLICY
All service sales are final.
At PEAK45 (the “Company” or “We”), we respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit this website (our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
- (1) via e-mail, text and other electronic messages between you and this Website; (2) through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website; or (3) when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
- (1) the Company offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or (2) any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
How We Collect Information
We collect several types of information from and about users of our Website, including information:
- (1) by which you may be personally identified, such as name, postal address, e-mail address, telephone number or ANY OTHER INFORMATION THE WEBSITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW (“personal information”); (2) that is about you but individually does not identify you; and/or (3) about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
- (1) directly from you when you provide it to us; (2) automatically as you navigate through the site (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies); and (3) from third parties, for example, our business partners.
Information You Provide to Us
The information we collect on or through our Website may include:
- Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our Website.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
- Your search queries on the Website.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
- Details of your visits to our Website, including traffic data, location data, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Speed up your searches.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and its contents to you.
- To provide you with information, products or services that you request from us.
- To provide you with information about our services
- To provide you with notices about your account/subscription, including expiration and renewal notices.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide through it.
- To allow you to participate in interactive features on our Website.
- In any other way we may describe when you provide the information.
- To fulfill any purpose for which you provide it.
- For any other purpose with your consent.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates.
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
- To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “e-mail a friend” feature of our Website, we will transmit the contents of that e-mail and your e-mail address to the recipients.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction as well as to state and local officials for Covid-19 contact tracing or other public health concerns.
Choices About Use and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Accessing and Correcting Your Information
You may send us an e-mail via our contact link to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Any data breach in data security resulting in disclosure of private information shall be reported pursuant to Utah Code Ann §13-44-201.
Thank You for Visiting our Website.