FITNESS SERVICES AGREEMENT
This Fitness Services Agreement (this “Agreement”) is made as of the date hereof, by and between Vibe Ride LLC, a Georgia limited liability company (“Vibe Ride”) located at 1280 W Peachtree St. NW, Atlanta, GA 30309, and the creator of the Vibe Ride Account and/or user of the Vibe Ride website (“You,” “User,” or the “Buyer”). Vibe Ride and the User will be collectively referred to as the “Parties.”
Vibe Ride provides fitness services (“Vibe Ride Services”) including, but not limited to, indoor cycling classes, bodyworks, Vibe Body classes, barre and bootcamp classes, fitness advisory services, and other physical fitness-related offerings.
This Agreement sets forth the legally binding terms for your use of the Vibe Ride Services. You are only authorized to use the Vibe Ride Services and facilities if you agree to abide by all applicable laws and to the terms of this Agreement.
Under Georgia law, Vibe Ride is considered a “health spa” and all health spas must provide a written contract to their patrons even if the patrons are purchasing services on a pay-as-you-go basis. This contract governs the relationship between you and Vibe Ride.
1. CONTRACT FOR SERVICES
A. Time Period to Cancel Contract
You (the buyer) have seven business days to cancel this contract. To cancel, mail a letter to the following address: Vibe Ride LLC, 9500 W Peachtree St. NW, Suite 225, Atlanta, GA 30309. You may also email firstname.lastname@example.org, or hand deliver a letter to 950 W Peachtree St NW, Suite 225, Atlanta, GA 30309.
Do not sign or agree to this contract if there are any blank spaces above. In the event optional services are offered, be sure that any options you have not selected are lined through or that it is otherwise indicated that you have not selected these options. It is recommended that you send your cancellation notice by registered or certified mail, return receipt requested, in order to prove that you did cancel. If you do hand deliver your cancellation, be sure to get a signed statement from an official of the spa, acknowledging your cancellation.
To be effective, your cancellation must be postmarked by midnight, or hand delivered by midnight no later than 7 days from the date hereof and must include all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to you.
B. Substantial Change in Service Offering
You (the buyer) may cancel this agreement within 30 days from the time you knew or should have known of any substantial change in the services or programs available at the time you joined. Substantial changes include, but are not limited to, changing from being coed to being exclusively for one sex or vice versa. To cancel, send written notice of your cancellation to the address provided in this contract for sending a notice of cancellation. The best way to cancel is by keeping a photocopy and sending the cancellation by registered or certified mail, return receipt requested.
C. Cancellation of Contract Due To Disability
If you become totally and permanently disabled during your membership term, you may cancel this contract. The health spa is entitled to a reasonable predetermined fee in such event, in addition to an amount equal to the value of the services made available for use.
Vibe Ride will refund any unused rides or other classes which are not expired if Buyer becomes totally and permanently disabled and notifies Vibe Ride and such disability and requests cancellation.
“Total and permanent disability” for the purposes of this Agreement means a condition which has existed or will exist for more than 45 days and which will prevent the Buyer from using the facility to the same extent as the Buyer used it before commencement of the condition.
Vibe Ride retains the right to require and verify reasonable evidence of disability should the Buyer request to cancel this contract due to disability.
D. Cancellation of Contract Due To Death
If you should die during the membership term or any renewal term, your estate may cancel the contract. The health spa is entitled to a reasonable predetermined fee in such event, in addition to an amount computed by dividing the total cost of your membership by the total number of months of the membership and multiplying the result by the number of months expired in the membership term. Reasonable proof of death may be required under this paragraph.
Vibe Ride will refund any unused rides or other classes which are not expired if Buyer dies and Buyer’s estate subsequently cancels the contract.
This Agreement is valid for 36 months from the date of execution. User shall sign/agree to a new contract at the end of the 36 month term to continue using the Vibe Ride Services and facilities.
F. Entire Agreement
This Agreement constitutes the entire agreement between you and Vibe Ride. This Agreement supersedes any prior oral or written agreements between the Parties.
Vibe Ride may modify the terms of this Agreement at its discretion. Notice of such changes will be made by posting a notice in a visible location in the Vibe Ride facility before the modification takes effect.
G. Applicable Law
This Agreement shall be governed by the laws of the State of Georgia.
2. PURCHASE, REFUNDS, & EXPIRATION OF RIDES & OTHER CLASSES
You acknowledge that Vibe Ride charges fees for its services, and Vibe Ride reserves the right to change its fees from time to time in its discretion.
Unlimited Rides packages, Unlimited Packages, Unlimited Rise and Vibe Packages, Unlimited Vibe Body packages and any other unlimited class packages may automatically renew for the time period purchased unless cancelled prior to the last day of the time period. If no time period is specified, your package will auto-renew each month. The amount may increase if you received a discount or other incentive for one month of your membership. (Example: 3-month Unlimited Ride package will extend for another 3 months on the last day of the package)
After the statutory cancellation period in Section 1(A) has expired, no refunds will be offered for rides or other classes purchased, except due to disability or death as described in Section 1(C) and Section 1(D).
E. Cancellation of Scheduled Rides, Vibe Body Class or other classes (collective or individually, as appropriate, the “Class” or “Classes”)
If you are unable to attend a Class for which you are registered, you must cancel your reservation 12 hours before the scheduled Class via the Vibe Ride website. Failure to cancel by this deadline will result in loss of Class credit for the scheduled Class.
If you register for a Class as part of any unlimited package and fail to show up for Class by the time class has started without cancelling the Class before 12 hours prior to the scheduled Class, you will be charged a $15.00 fee.
D. Expiration of Classes
All purchased Classes have an expiration date based on the type of purchase. Those expiration dates are set out below:
(i) Individual Classes: Classes purchased individually or in a package expire 1 day to three months from the date of purchase.
(iii) Unlimited Classes: Classes purchased as part of an Unlimited package expire in accordance with the Classes time period purchased and auto-renew. Each month of unlimited Classes is considered 30 days.
1 Month Unlimited Rides (expires 30 days from purchase)
3 Months Unlimited Rides (expires 90 days from purchase) 6 Months Unlimited Rides (expires 180 days from purchase)
F. Wait List
Classes are offered to the wait list on a first come, first served basis. The User will automatically be scheduled for a Class when the next available bike opens and the User will be notified via email. In accordance with the cancellation rules, wait listed Classes cancelled after the deadline will be subject to a loss of Class credit or a late fee.
G. Dissolution of Business
Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health spa at which the contract is entered into ceases operation and fails to offer an alternate location, substantially similar, within ten miles.
State law requires that we inform you that should you (the buyer) choose to pay for any part of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this health spa ceases to conduct business. Health spas do not post a bond, and no other protections may be provided to you should you choose to pay in advance.
3. WAIVER & RELEASE OF LIABILITY
You acknowledge and agree that Vibe Ride and its agents, employees, officers, directors, affiliates, successors and assigns will not be liable in lawsuits including negligence lawsuits brought against them by you. As material consideration for Vibe Ride permitting you to use its facilities, you agree to specifically assume all risks of personal injury, property loss or other damages including risk associated with fitness classes and equipment, sports exercise, other cardiovascular related classes, fitness advisory services, all locker room facilities, and all other Vibe Ride facilities or facilities under Vibe Ride’s control.
You acknowledge and agree that the activities you will participate in are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. You further acknowledge that the agreement to use, or selection of exercise programs, methods and types of equipment are your entire responsibility. Further, you waive any and all claims against Vibe Ride, its agents, employees, officers, directors, affiliates, successors and assigns for any personal injury, property loss or other damages connected to or arising out of any of the associated risks.
Vibe Ride urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise class. If you have a history of heart disease, you should consult a physician before joining a spa or participating in any activities at Vibe Ride.
4. PERMISSION TO REPRODUCE IMAGES & RECORDINGS OF PHYSICAL LIKENESS
You hereby grant permission to Vibe Ride to photograph and/or film you while on the Vibe Ride premises and use your images and other reproductions of your physical likeness in its advertisements, marketing materials, website, and social media pages. This permission extends to any still photographs and/or motion picture or video in connection with your use of the Vibe Ride Services and facilities.
5. ONLINE ACCOUNT ACCESS
To book, cancel, and pay for Classes online, you will need to create an account through the Vibe Ride website. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Vibe Ride immediately of any breach of security or unauthorized use of your account.
Although Vibe Ride will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Vibe Ride or others due to such unauthorized use.
Vibe Ride reserves the right to terminate your access to your online account if you infringe the website Terms and Conditions or otherwise violate any Vibe Ride rule or policy.
All claims and disputes arising under or relating to this Agreement shall be settled by binding arbitration in the State of Georgia or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
By signing this Agreement, you certify that you are 18 years of age or older and competent to enter this Agreement. Checking the appropriate online acknowledging that you agree to terms and conditions of this Agreement shall serve as your signature.