TERMS & CONDITIONS
Clients of Throwback Fitness, LLC and visitors to www.throwbackfit.com are subject to the following Terms & Conditions. By vising this site and purchasing or reserving a class, you confirm you have read these terms and conditions and agree to be bound by such terms and conditions.
1. Purchasing Classes & Series of Classes
Online reservations: In order to reserve a spot in a Throwback Fitness class, the client must first purchase a single class or a pack of multiple classes (a group of two or more classes purchased simultaneously) (a “series”). Clients can purchase a class or series online on www.throwbackfit.com via MindBody software. Only after having purchased a class or series online will clients be permitted make a reservation for a Throwback Fitness class. Clients may reserve a spot using the MindBody online scheduler. Drop-In Policy: Clients are discouraged from dropping in to class. All reservations should be made online. Classes expire on the date specified at purchase. Clients will be immediately charged via credit/debit card when they purchase a class or series of classes online. Clients are responsible for paying this charge. Clients are liable for any fees that Throwback Fitness, LLC may incur in collecting unpaid balances, including attorney’s fees. Prices of future classes are subject to change.
2. Transfer & Resale
Transfer of classes to other persons is prohibited. Classes are not redeemable for cash. Unauthorized reproduction, resale, or trading of classes is prohibited. Refunds will not be made. These terms include the following reasons: relocation of self or home; injury and/or health condition; failure to meet customer’s standards/satisfaction. Classes are refundable only if the event is cancelled and not rescheduled or upon request if the event is rescheduled.
3. Conditions for Minors (under 18 years old)
Clients under 18 may not participate in a Throwback Fitness class without the express permission of a parent/guardian. The guardian must consent of the minor’s participation before the minor is permitted entrance to a Throwback Fitness class. To complete this consent, the guardian/parent should carefully read, print, complete, and sign the minor liability and release waiver, which can be requested by emailing firstname.lastname@example.org. This printed, completed waiver should be presented to the class instructor and/ or class manager at least five minutes prior to the start of the minor’s first class. Minors are allowed to purchase and reserve classes online but should be sure to print, sign, and bring the consent waiver to their first class.
4. Cancellation Policy
Throwback Fitness upholds a strict cancellation policy. We require 12 hours notice for all classes times. Clients who cancel after the early cancellation window will be considered a late cancel and the class will be deducted from their class series. To cancel, please call us at 610.844.5364 or cancel online at our MindBody site: view « My Schedule » under « My Info » tab. You will find a cancel link next to each class.
5. Wait List
If a class reaches maximum enrollment capacity, clients will not be granted access to reserve a spot in the class online, regardless if clients have previously purchased a class or class series. Clients can elect to be placed on the waitlist. If spots become available in the class, clients on the waitlist will be informed 120 minutes prior to the start of the class via email. Clients on the waitlist can then redeem their class via the MindBody software. A client placed on the waitlist will not be charged a fee if a spot becomes available unless the client expressly reserves his or her class online.
6. Waiver and Release
Prior to purchasing and/or participating in a Throwback Fitness, LLC class, the client must acknowledge that he/she has read, fully understood, and agreed to the following release and waiver of liability. This can be done through electronic consent by checking the box on liability waiver and release form via the MindBody site. Clients will be required to check this box before purchasing a Throwback Fitness class online. If a new client purchases a class in person, he/she will be required to fill out a waiver and release form before participating in the class. The class manager and/or instructor can provide this form if a first-time participant purchases a class in person. The terms of the waiver and release are as follows:
1. I represent that I am physically capable of participating in instruction, training, exercise, and other programming provided by Throwback Fitness, LLC and its instructors (collectively herein, “Throwback”). I understand that physical exercise can be strenuous and subject to risk of serious injury and I understand that no exercise/activity program should be undertaken without the consent of a medical doctor and I am responsible for undertaking to obtain such consent.
2. I agree that if I engage in any physical activity, or use any Throwback amenity on the premises or off premises, including any sponsored Throwback event, I do so ENTIRELY AT MY OWN RISK.
3. I agree that I am voluntarily participating in the activities provided, directly and indirectly, by Throwback and the use of facilities and premises provided and ASSUME ALL RISKS of injury, illness or death.
4. I agree that Throwback is also not responsible for any loss of, or damage to, personal property.
5. I understand that the exercises provided by Throwback may be extremely demanding and I take full responsibility for knowing, monitoring and acting within my abilities and learning and incorporating any modifications or adaptations necessary to proceed with such activities in a safe and appropriate manner.
6. I agree that Throwback, its directors, officers, members, employees, agents and assigns shall not be liable or responsible for any injuries to me which may occur as a result of (a) my use of all amenities and equipment provided by Throwback and my participation in any activity, class, program or instruction, (b) the sudden and unforeseen malfunctioning of any equipment, (c) Throwback’s instruction, training, supervision or dietary recommendations, and (d) my slipping and/or falling while in the facility, or on Throwback’s premises, including adjacent sidewalk areas.
7. I acknowledge that I have read this Waiver & Release and understand that it is a RELEASE OF LIABILITY.
8. I expressly agree to release and discharge Throwback and its directors, officers, members, employees, agents, affiliates, representatives, successors, assigns and instructors from any and all claims, causes of action or judgments that may arise out of any of the events noted in numbers 1 through 8 above and I agree to voluntarily forfeit or waive any right that I may otherwise have to bring legal action against Throwback for personal injury or property damage. To the extent that statute or case law does not prohibit release for ordinary negligence, this release applies to any ordinary negligence on the part of Throwback, its agents, officers, members, directors and employees.
9. I grant Throwback permission to use my likeness in photograph and video in any and all of its publications and in any and all other media, in perpetuity, and for other use by Throwback. I will make no monetary or other claim against Throwback for the use of such photograph and video.
IN NO EVENT WILL Throwback Fitness BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL INFORMATION IS PROVIDED BY Throwback Fitness ON AN « AS IS » BASIS ONLY. Throwback Fitness PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. Choice of Law. This Website, and your use hereof, is governed by the laws of the State of New York, without regard to New York’s choice of law provisions, and any claim arising out of your use of this Website must be brought in New York. Revised Terms and Conditions. Throwback Fitness may at any time revise these Terms and Conditions 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 Terms and Conditions to which you are bound.
- To analyze site usage and improve the service;
- To fulfill your requests and orders for certain products and services;
- For market research, project planning, troubleshooting problems, detecting and protecting
- against error, fraud or other criminal activity;
- To third-party contractors that provide services to Throwback Fitness and are bound by
- these same privacy restrictions;
- As otherwise set forth in this Privacy and Security Policy.
We do not intentionally collect personally identifiable information from children under the age of thirteen. If we become aware that we have collected personally identifiable information from a user of the Site who is under the age of thirteen, we will remove that child’s personal information from our files.
WE USE NON-PERSONALLY IDENTIFIABLE INFORMATION TO IMPROVE OUR SERVICES TO
When you visit Throwback Fitness’ Website or Throwback Fitness’ Blog, with the help of our third party authorized agents, we collect certain anonymous information about your visit. For example, we may monitor statistics such as the number of people that visit our site, peak hours of visits, which page(s) are visited on our site, from which domain our visitors come (e.g., google.com, yahoo.com, etc.), and which browsers people use to visit our site (e.g., Firefox, Microsoft Internet Explorer, etc.), broad geographical information, site-navigation pattern, etc. We, like many websites, use cookie technology throughout our side. By placing a “cookie” on your computer’s hard drive we can recognize you as a new or return user and personalize your experience. A cookie is a piece of data stored on your computer’s hard drive that enables us to track and target your shopping experience and order as you shop on our site. For example, cookies are used to save your Shopping Bag information so you can browse from page to page without losing that information. If you reject our cookies, you may still use Throwback Fitness’ Website, but you may be limited in some of the features. Cookies do not contain personally identifiable information. Furthermore, our computer servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as the date and time of your access to the Site, the length of time of your visit, the portions of the Site accessed, the number of times you visit and purchase from the Site, the IP address assigned to your computer, the type of browser used by your computer, the domain from which your connection to the Site originates, and one or more cookies that may uniquely identify your computer. We assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information about our visitors, and we use it to personalize the information you see on the Site and the e-mails you receive from us (should you grant us permission to send e-mails to you). We keep this information for our internal use; we do not share it with others. This information is in no way tied to your personal information, including your e- mail address. Throwback Fitness may also use non-personal identifiable information for internal business and marketing purposes and to help administer and improve Throwback Fitness’ Website for your shopping experience. We may use the information you provide in aggregate form for internal business purposes to analyze trends and site traffic patterns. When you visit Throwback Fitness’ Website or Throwback Fitness’ Blog or view one of our emails, we will use pixel tags or “clear” gifs to track links and/or similar technology to note some of the pages you visit on our website and to personalize your experience. We also use pixel tags to determine what types of email your browser supports. We may use the information collected through pixel tag, tracking links, and similar technology in combination with your personally identifiable information.
WE LIMIT THE COLLECTION AND THE USE OF PERSONAL INFORMATION.
“Personally identifiable information” is any information about you as an individual, such as your name, address, telephone number, credit card number, birth date, or email. We collect personally identifiable information from you when you communicate with us via email, Throwback Fitness’ Website, Throwback Fitness’ Blog, telephone or in writing, when you place an order or fill out a registration form or request a catalog from us, when you post a review, when you create an account, when you subscribe to our newsletter, when you post a user comment on our Blog, or when you participate in a contest, sweepstakes, survey or other promotion. When you place an order through Throwback Fitness’ Website, we require that you provide your name, email, shipping/billing address, phone number, credit card number and its expiration date in order to process and track your order. We may also maintain a record of your product purchases. Whether or not you provide your personally identifiable information to us is completely up to you, but if you choose not to provide the information we request, you may be unable to use some of our services. We collect this information to serve you better and to provide you with a customized experience while using Throwback Fitness’ Website for browsing and shopping. We may use your personally identifiable information to: fulfill a request from you, such as to receive promotional emails, fulfill and deliver your orders, respond to your comments or questions, contact you if necessary while processing an order, and generate web analytics to compile user data for marketing purposes. We may also combine the personally identifiable information that you provide to us with other personal information about you (such as demographic and past purchase information) from our records and from other sources for future marketing initiatives and to help us improve Throwback Fitness’ Website presentation, Throwback Fitness’ Blog and your overall experience. We do not rent or sell your email address with these organizations or with other third parties for marketing purposes. Throwback Fitness may also share your personally identifiable information with third parties that perform services for us, such as our affiliates, advertisers, partners, potential business partners, and other unaffiliated entities, but only for the purposes of their performing such services for us. These companies and individuals are hired to perform functions on our behalf, such as fulfilling and processing orders, processing credit card payments, performing data and marketing analysis, fulfillment to process orders, and providing customer support. While such third parties may be provided with access to personally identifiable information needed to perform their function, they may not use or disclose such data for any other purpose. Additionally, Throwback Fitness contractually obligates our service providers to maintain all the information collected for us in strict confidence. For fraud protection and compliance with applicable law, we may disclose any information, including personally identifiable information, that we deem necessary. In the event another company buys the assets or ownership interests in Throwback Fitness, your personally identifiable information may then belong to that other company, subject to the terms and conditions under which you provided it.
YOUR SECURITY IS PARAMOUNT TO US.
Security for Throwback Fitness’ Website and Throwback Fitness’ Blog is in accordance with industry standards to protect the security of your personal information both online and offline. Personally identifiable information is stored on computer servers in a controlled environment that is reasonably protected from unauthorized misuse or disclosure. We use available technology and other techniques to implement systems like firewalls, and/or encryption to secure marketing data transfers. Orders placed on Throwback Fitness’ Website are encrypted using Secure Socket Layer (SSL) technology, an industry standard that is used by vendors to ensure the security of online business. If you have any questions about security on our website, please email email@example.com.