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365|Health & Fitness Solutions
Terms/Release of Liability

1. PARTIES
365|Health & Fitness (365|HFI) and you agree that by signing this agreement (Agreement), you purchased a subscription, membership, or services and agree to all the terms in this Agreement. You also agree to follow 365|Health & Fitness organization policies and any club rules. 365|Health & Fitness may, in its sole discretion, modify the policies and any club rule without notice at any time. Club rules vary by location and all signs posted in a club or on the premises shall be considered a part of the rules of 365|Health & Fitness. The terms “You” and "365|Health & Fitness; include heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees. Both parties make this agreement on behalf of, and it binds, all these included persons and entities.

2. SUBSCRIPTION
2(a). Nature of Subscription: Your subscription permits you to use 365|Health & Fitness (and/or affiliate) premises, facilities, equipment and services (collectively called “Facilities”) as shown and limited by the subscription identified on the front page, and you are entitled to use only those facilities covered by your subscription. Your membership is non-transferable by you and gives you no rights in 365|Health & Fitness, its management, property or operation. 365|Health & Fitness may assign or transfer your subscription in its sole discretion. 365|Health & Fitness can sell subscriptions at different rates and terms than yours. Any special promotional subscription or rate regarding privileges, usage, hours, or facilities is valid only at the facility of enrollment, unless otherwise noted. It is your responsibility to notify 365|Health & Fitness of any change in your address or phone number. 2(b). All facility privileges: Your facility privileges are limited to those Benefits identified on the front page, and you are entitled to use only those facilities covered by your subscription. 365|Health & Fitness reserves the right to charge an extra fee and/or dues for your use of any facility not included in your subscription or for any facility with additional services and/or amenities than those offered at the time you enrolled. 2(c). subscription freezes: 365|Health & Fitness will only freeze your subscription if you qualify under 365|Health & Fitness subscription freeze policy set forth in the subscription policies. To be eligible for a subscription freeze you must be in good standing with all processing and enrollment fees paid and you must be current on your monthly or prepaid dues.

3. FINANCIAL POLICY
3(a). Dues & Fees: You agree to pay the dues and fees on the front page. If you are under 18, 365|Health & Fitness requires an adult to guarantee payment. 365|Health & Fitness immediately earns the processing and enrollment fees when you buy your subscription/services, including any and all paid amounts or unpaid portions which are to be paid according to payment plan. These fees and any prepaid monthly dues are not refundable. Whether or not you use the facilities, you must still pay your monthly dues. You agree to pay 365|Health & Fitness an administrative fee for any returned check, or debit problems, such as a non-sufficient funds, closed account, frozen or declined credit or similar circumstances. Respective fees range from $50-$150, but is subject to change at the discretion of 365|Health & Fitness without prior notice. All sessions will be suspended until replacement funds and the return check fee has been paid. 3(b). Right to Increase Dues: If you have a monthly subscription, 365|Health & Fitness may increase the monthly dues once per calendar year. Any such increase will not occur during the first three (3) months of your membership. Your monthly payment date will not change. If you have a prepaid subscription, 365|Health & Fitness will not increase your Guaranteed Annual Renewal Amount on the front page of this Agreement, so long as you remain a member in good standing. 3(c). Fee for Copy of Agreement: You acknowledge that you have received a copy of your Agreement when you signed up. If you lose or misplace your Agreement you agree to pay as administrative fee of $15.00 for each additional copy you request from 365|Health & Fitness. To obtain a copy of your Agreement contact Solution Services at contact_us@iiivivfitness.com or by writing as listed. 3(d). Unforeseen Compensation: Members will be responsible unconditionally for any and all additional fees in any unforeseen compensatory circumstances. 3(e). Terms of Service Agreements include (but not limited to) the required secured payment of the first and final months’ Service Dues prior to the initial Service Session. Product, service, and subscription agreement dues are electronically transacted via Automated Clearing House (ACH) on a month-to-month basis. 365|Health & Fitness does reserve the right to suspend any services and apply any necessary fees in the event of insufficient payment or the event of failure of non-payment.

4. REPRESENTATIONS
4(a). Physical Condition & No Medical Advice: You are representing that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of 365|Health & Fitness facilities. As such, you acknowledge that 365|Health & Fitness did not give you medical advice before you joined, and cannot give you any after you join, relating to your physical condition and ability to use the facilities. If you have any health or medical concerns now or after you join, discuss them with your doctor before using the facilities. 4(b). Limited Use: If you know you have any problem that might prevent you from using all of 365|Health & Fitness facilities and you sign this Agreement, you agree that your subscription is limited accordingly. However, because it’s your choice, you still must pay your dues as if you could use all of the facilities. 4(c). Liability for Property: 365|Health & Fitness is not liable to you or your guest for any personal property that is damaged, lost, or stolen while on or around 365|Health & Fitness premises including, but not limited to, a vehicle or its contents or any property left in a locker. If you or your guest cause any damage to 365|Health & Fitness facilities, you are liable to 365|Health & Fitness for its cost of repair or replacement. 4(d). Entire Agreement & Enforcement: You acknowledge that neither 365|Health & Fitness, nor anyone else made any representations or promises upon which you relied that are not stated in this Agreement. Handwritten changes to this Agreement are not valid. This document contains the entire agreement between you and 365|Health & Fitness and replaces any oral or other written agreement. If a court declares any part of this Agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If 365|Health & Fitness does not enforce any right in this Agreement for any reason, 365|Health & Fitness does not waive its right to enforce it later. 4(e). Statements of Opinion: 365|Health & Fitness has not made representations concerning the successful outcome of any sessions. The Member expressly acknowledges that all statements of 365|Health & Fitness or its representatives are statements of opinion only. 4(f). Fair & reasonable: In addition to having read this contract in its entirety, the undersigned representative of 365|Health & Fitness has answered any questions concerning the Agreement raised by the Member and the Member understands the contract and considers it to be fair and reasonable.

5. CANCELLATION-TERMINATION-REFUND
5(a). Cancellation: There is a twenty-four (24) hour cancellation policy for all scheduled sessions. Patients, providers, and clients must personally inform a representative of 365|Health & Fitness no later than 2 hours prior to their scheduled session of their desire to cancel their session or the session will be forfeited. All sessions consist of a fifty (50) minute segment beginning promptly at the designated time. If a student is not prompt for their session the time missed is forfeited. 5(b). Refund: Payment is expected prior to the first session of any package. A nonrefundable deposit of 50% of any package price is required to reserve any segment of time. 5(c). Termination: All remaining sessions will be suspended following the cancellation of 2 consecutive sessions. Any rescheduling of sessions will take place on a case by case basis following a consultation with the student’s instructor. Any sessions not completed under the above terms will be forfeited. Failure to honor every respective communicated commitment as outlined in the agreement above shall give 365|Health & Fitness the right to withdraw from this agreement in its entirety with no returned compensation to above described Member. Failure to pay the fees as outlined in the agreement above shall give 365|Health & Fitness the right to withdraw from this Agreement in its entirety. In the event the Member desires to dismiss 365|Health & Fitness from the services encompassed by or made the basis of this document, after the date of the signing of this agreement, that the terms of this contract as pertain to the fee or fees for services rendered up to and including such date of dismissal and paid to 365|Health & Fitness shall remain therein.

6. ARBITRATION
6(a). Uncollected Revenue: Any differences in uncollected revenues will be settled by means of legal mediation only in Texas in this the United States of America. 6(b). Legal Action: Any legal action between the subscriber and 365|Health & Fitness arising out of this document shall be filed in Collin County, Texas unless otherwise provided for by the laws of the State of Texas. 6(c). Governing Law: 365|Health & Fitness and the Member expressly agree that the laws of the State of Texas or of the Federal Government of the United States of America, as applicable, shall govern the construction and enforcement of this contract.

7. LIMITATION OF LIABILITY
Unless controlling legal authority requires otherwise, any award by the arbitrator or a court is limited to actual compensatory damages. Neither an arbitrator nor a court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages.

8. RELEASE OF LIABILITY ASSUMPTION OF RISK
Using the 365|Health & Fitness (365|HFI) services and facilities involves the risk of injury to you or your guest, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of you participation in the activities offered by 365|Health & Fitness, you understand and voluntarily accept this risk and agree that 365|Health & Fitness, it’s officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or any damage to you, your spouse, guests, unborn child, or relatives resulting from the negligence of 365|Health & Fitness or anyone on 365|Health & Fitness behalf or anyone using the services or facilities whether related to exercise or not. Further, you understand and acknowledge that 365|Health & Fitness does not manufacture fitness or other equipment at its facilities, but purchases and/or leases equipment. You understand and acknowledge that 365|Health & Fitness is providing recreational services and may not be held liable for defective products. By signing below, you acknowledge and agree that you have read the forgoing and know the nature of the activities at 365|Health & Fitness and agree to all the terms previously described of this agreement and acknowledge you do also understand the policies of 365|Health & Fitness.

9. REFUND POLICY
Application fees (where applicable), enrollment and initial filing fees, credentialing fees, license subscription fees, product purchases, training dues, and any other funds collected at any point in time are completely non-refundable under any circumstances.

10. CONTINUEING BELOW INDICATES THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS ABOVE.
It is Agreed and Understood that by hereby continuing and completing the 365|Health & Fitness online enrolment process you have read and completely commit to these terms in entirety.

11. PRIVACY POLICY
11(a). Your Consent: By using our site, you consent to our online privacy policy. 11(b). Changes to Privacy Policy: If any changes to our privacy policy change, changes will be posted on this page, and/or sent via an email notifying any changes.
What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways; to process transactions:
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

12. YOUR CONSENT
By utilizing this site, you consent to all terms and online privacy policies.