These Terms and Conditions should be read carefully as they contain important information regarding your legal rights, remedies, and obligations for your use of this website. By using the website, you will be deemed to have read and accepted all of such Terms and Conditions:
The following terms and provisions apply to these Terms and Conditions and any other agreements that may exist between us: “Client”, “Member”, “Visitor”, “You”, and “Your” refer to you, the person accessing this website and accepting the Company’s terms, conditions and services. The “Company”, “Ourselves”, “We”and “Us” refer to Defy doing business as Defy Gravity Studio (hereinafter, the “Studio”). “Party”, “Parties”, or “Us”, refer to both the Client and the Studio. The Studio website allows users to receive information about the Studio, as well as book, cancel, and pay for its services and products. The services offered by the Studio include, but are not limited, to the www.defygravitystudio.com website, which is hosted in the United States.
As used herein, the use of the neuter gender shall include the masculine and feminine genders, the singular shall include the plural, the masculine shall include the feminine and vice versa. The following provisions also describe the payment terms acceptable to the Studio for providing its services and products to the Client in an appropriate manner to meet the Client’s needs in accordance with and subject to prevailing California Law.
Collection of Information
We collect personal information such as Client names, postal addresses, email addresses, credit card information, and other similar information as voluntarily submitted by our members and/or visitors. It is important for you to protect against the unauthorized use of your password and your computer. If you use this website, you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and 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. Registration of minors (ages 12-18) must be completed in person at the Studio with a parent or legal guardian present. In the event that we learn any personal information has been submitted to the website from a child under the age of 12, we will delete the information as quickly as reasonably possible. The Studio does not seek or share personal information from minors through this website. If you are between the ages of 12 and 18, you may register on our website only with the involvement and approval of a parent or guardian as well as a waiver signed in person at one of our Studio locations.
We exercise our best efforts to keep all of your personal information secure. Only authorized employees, agents, and contractors of the Studio who have agreed to keep such 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. We use recognized industry standards to safeguard the confidentiality of your personal information, including the use of firewalls and secure sockets layer software where appropriate. The Studio reserves the right to refuse to issue an account, to terminate accounts, to remove or edit content, or cancel orders in its sole discretion. When you visit our website or send emails to us, you are communicating to us electronically, and therefore consent to receive responsive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In order to cancel a scheduled Studio class, you must cancel your class 12 hours before your scheduled appointment. Once your appointment is cancelled, the class will be returned to your series to be used at a future date; the price of the class is not refunded. If you do not cancel your class at least 12 hours in advance, your scheduled class will be charged to your series and if you do not have any remaining classes in your series, the full price of the class will be charged to your credit card which you have on file. A Studio class reservation may be cancelled in the following ways: 1. Go to the Schedule tab. Login to your account, click the My Account tab at the top right. All of your class reservations appear at this location. Next to each class will be an option for you to select to cancel that class. 2. Call the Studio where your class is booked to have us cancel the class for you. The Corona del Mar studio can be reached at: 949/719-2900 In fairness to our members, your place in class will be released 5 minutes after class begins. For members running late: We ask that you call the Studio to let us know that you are on the way. Your reservation will be held and charged to your series or account regardless of how tardy you are. For members who wish to change their reservation to another class on the same day, you must cancel your existing reservation one (1) hour before your class and book another class on the same day. If you fail to cancel at least one (1) hour in advance, you will be charged your existing reservation and the new reservation. For those clients who are Monthly Unlimited Members, a $15 late fee will be charged to your account for classes canceled within 12 hours of your appointment. The same $15 fee will be charged for any non-appearance at a scheduled class. By signing up for and/or attending Studio classes, activities or programs, or using
its premises, facilities, and equipment (collectively, “Classes and Facilities”), you hereby agree and acknowledge that certain inherent risks and dangers exist in connection with indoor cycling, pilates and exercise and in using the exercise equipment associated with those activities and the classes offered by the Studio. In consideration of being allowed to participate in and access the Studio’s Classes and Facilities, in addition to the payment of any required fee or charge, 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 participation in the Classes and Facilities; (2) waive, release and forever discharge the Studio, its officers, partners, agents, members, employees, representatives, independent contractors, and all others from any and all responsibility, claims, rights, causes of action, money damages and/or liability from injuries or damages to your person or property resulting from your participation in and use of the Classes and Facilities; (3) represent that you have no medical or physical condition which would prevent you from attending and/or using any of the Classes and Facilities and/or put you in any physical or medical danger from use thereof; and (4) you represent that you have not been instructed by a physician to refrain from participating in activities such as are involved in the Classes and Facilities. The Studio hereby advises you that individuals with any chronic disabilities or conditions may be placed at risk in using the Classes and Facilities and are advised against doing so. In addition, if in the opinion of our staff, we determine that you may be at physical risk in using or participating in the Classes and Facilities, you will be denied access to them until you furnish the Studio with a written medical authorization approving your participation in such activities at your sole cost and expense. Such authorization must specifically address any of the Studio’s stated concerns about your participation in its Classes and Facilities and must state that the Studio’s concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to use the Classes and Facilities. The Studio reserves the right to refuse service to any Client at its discretion.
INTELLECTUAL PROPERTY RIGHTS
The Intellectual Property Rights of Defy DBA Defy Gravity Studio and the Defy Logo are service marks, trademarks, and/or trade names of the Studio or otherwise constitutes its proprietary property and may not be used by you for any reason other than as expressly permitted by this statement of terms. All website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, the Studio. You have the right to view, electronically copy, and print in hard copy portions of this website for the sole purpose of making class reservations or other personal use. Any other use of materials on this Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of the Studio is strictly prohibited. You acknowledge that the Studio and/or third-party content providers remain the owners of all website material, that you do not acquire any ownership rights by downloading,
copying or using any such material in accordance with these Terms and Conditions, and that the Studio may discontinue or remove the website or any portions thereof or discontinue your right to use the website or any portion thereof at any time.
IN NO EVENT SHALL THE STUDIO, ITS OFFICERS, MEMBERS, PARTNERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT HEREIN, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR CLASSES AND FACILITIES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AN/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFOPRMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GRIT CYCLE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.YOU SPECIFICALLY ACKNOWLEDGE THAT THE STUDIO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.You agree that in any dispute involving your use of this website or relating to any Classes and Facilities is and shall be governed by the laws of the State of California, without regard to California’s choice of law provisions, and any such claim must be brought in the State of California. The Studio reserves the right to revise these Terms and Conditions at any time by updating this posting. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current and binding Terms and Conditions which shall continue to apply and to govern our relationship.
Enjoy the Studio.