FITNESS SERVICES AGREEMENT
This Agreement by providing written notice of cancellation by mail to Body By Angelica, 814 Indiana Ln, Elk Grove Village, IL 60007 (“Notice Method”). If I cancel this Agreement during the Initial Cancellation Period, I will receive a refund of any payments I have made for Fitness Services under this Agreement.
Cancellation of Fitness Services After Initial Cancellation Period
I may terminate this Agreement after my Initial Cancellation Period only as follows: For Fitness Services purchased on a month-to-month basis by Recurring Payments, I may cancel this Agreement by providing thirty (30) days advance written notice through any Notice Method listed above. Cancellation will be effective 30 days following the date of notice (e.g., written notice received by Body By Angelica on January 15 will terminate my Fitness Services effective February 14). For Fitness Services purchased other than by Recurring Payments, including by prepayment in full or by Scheduled Payments, I may cancel this Agreement only for the specific causes provided in the State Law Provisions below, which may include my death, disability and/or relocation. Any amounts I have paid will be pro-rated to the effective cancellation date.
Redemption Policies
Current Membership in Good Standing: As a condition to being eligible to redeem a Fitness Service, I agree that my club membership must be current and in good standing. If my club membership is terminated for any reason or lapses, any Fitness Service that I have purchased but not used remains available to be used in the event that I later rejoin Body By Angelica.
One-on-One Session: If I cannot attend a scheduled session, I will provide Body By Angelica a 24-hour notice. I understand that if I do not attend a scheduled session, I will be considered as having used it. If a session is cancelled by Body By Angelica, I will not be considered as having used it, and will be entitled to redeem the session on a later date. Body By Angelica reserves the right to cancel one-on-one classes for any reason. One-on-One sessions do not expire and remain on your account until serviced.
Group Class: If I do not attend a scheduled group class, I will be considered as having used it. If a group class is cancelled by Body By Angelica and no make-up class is scheduled, I will not be considered as having used it, and thus I will be entitled to attend another scheduled group class on a later date. Body By Angelica reserves the right to cancel group classes and Fitness Services for any reason, including low enrollment. I understand I receive access to a certain number of classes to attend each month and unattended classes are not rolled over to the following month.
Fitness Professionals: Body By Angelica reserves the right to substitute trainers, instructors or other fitness professionals as necessary or appropriate in order to perform your Fitness Services.
Electronic Communications: I expressly consent to receive electronic messages from Body By Angelica, including messages to advertise or promote products or services and messages related to my Fitness Services, including but not limited to reminders related to Body By Angelica’s fees.
Image and Likeness Release:
I understand that Body By Angelica, or a third party authorized by Body By Angelica, may take photographs, audio or video recordings, or testimonial accounts that may contain the name, image, voice, likeness or account of me (collectively “Images”) during the use of the Fitness Services. I hereby irrevocably consent to and grant Body By Angelica the exclusive, worldwide, perpetual, royalty-free and otherwise unlimited right to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize any and all such Images (and the right to sublicense such images through unlimited levels of sublicensees) in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating me in any way, and to authorize others to do the same.
Without limiting the foregoing, I hereby consent to Body By Angelica’s use of the Images for commercial and promotional use, including on corporate or employee social media. Body By Angelica may change, modify, rearrange, add, delete or otherwise alter such Images. I waive any right to inspect, approve, or edit such Images as used by Body By Angelica.
Club Policies:
The Club Policies establish policies, procedures, rules, regulations and other terms applicable to Body By Angelica members and guests. Body By Angelica's Club Policies are located on or referenced within its corporate website, which is currently www.bobybyangelica.com
I agree that it is my responsibility to know and follow the most current Club Policies.
Assumption of Risk, Waiver of Liability and Indemnification:
I understand and agree that Fitness Services involve the risk of injury. I elect to participate in the Fitness Services voluntarily in spite of the risk. I further understand and agree that the terms of my General Terms Agreement and Member Usage Agreement continue to apply, including the assumption of risk, waiver of liability and indemnification provisions contained therein.
Fitness Services.
I agree that I am purchasing the right to use the number and type of Fitness Services indicated above, before the end of the Redemption Period indicated above, if applicable, and with a trainer at the designated level (i.e., level 1 through level 5) or any lower level. For example, if I have purchased personal training sessions with a level 4 trainer, I may redeem my Fitness Services for a session with a level 4 trainer or with a level 1 through 3 trainer. I acknowledge that I am not entitled to receive any additional or different Fitness Services other than those specified above, and I may not upgrade or otherwise exchange my Fitness Services for different Fitness Services or for any other product or service from Body By Angelica. The Fitness Services have no cash value and are not redeemable or usable for cash except as required by law, and I agree that I will not receive a refund or exchange for any number of Fitness Services that I have the right to use but that I do not use for any reason, subject to the below Cancellation and Redemption Policies. My Fitness Services are unique to me, and I agree that I cannot sell or otherwise transfer my Fitness Services to another person.
Payment-Related Terms.
I am an account holder and have actual authority to use any financial account designated as my Payment Method. I will promptly update financial account information in the event it changes, and understand that Body By Angelica may use services made available by card issuers to automatically update such information to prevent disruptions due to changes such as an expired or reissued account. I may opt out of this service by contacting my club.
I agree that Body By Angelica may resubmit declined or invalid transactions without notice to me. If I fail to timely pay any amount(s) due, I may be assessed a late fee in an amount as permitted by law and/or my Fitness Services may be restricted. If I submit an invalid payment instrument, such as a dishonored check, I may be assessed a fee in an amount as permitted by law. I agree to pay all collection costs incurred by Body By Angelica, including attorney or other collection fees. In the event that I am due a refund in accordance with the below Cancellation and Refund Policies, I authorize Body By Angelica to refund the financial account designated as my Monthly Payment Method.
Fee Increases.
I agree that Body By Angelica may increase my recurring Fitness Service Fees at any time upon such notice, if any, as may be required by law. I have a right to receive notice if Body By Angelica increases my recurring Fitness Service Fees drafted from a checking or savings account designated as my Monthly Payment Method, which notice Body By Angelica may deliver electronically to my email address as provided in this Agreement. I understand that I am solely responsible for updating my email and other address information with Body By Angelica. If Body By Angelica increases my recurring Fitness Service Fees by 10% or less, I waive any written notice of such increase.
Credit Card Surcharge.
Unless otherwise prohibited by law, I understand and acknowledge that if my Payment Method is a credit card, Body By Angelica may impose and collect a surcharge each time the credit card is charged, whether in payment of the Fitness Service Fees or any other financial obligations including without limitation dues, fees, costs and other charges, whether recurring or non-recurring. The current surcharge is included on the listing of dues, fees, costs and other charges online in Club Policies at my.lifetime.life, as it may be updated and revised from time to time. Notwithstanding the foregoing, the surcharge amount shall not be greater than Body By Angelica’s actual cost of acceptance of the credit card or any applicable maximum amount, whichever is less. I further understand that debit cards do not incur any surcharge, and that I may change a payment method from a credit card to a debit card at any time by email at mybody@bodybyangelica.com
BUNDLES
Virtual Package.
Monthly service that requires an active access Body By Angelica club membership. With this package I receive customized exercise programs created by a Body By Angelica Personal Trainer. Exercise programs and communication is delivered through a mobile app and requires data and cell phone accessibility. Exercise programs vary in length and frequency depending on my needs. I understand I am not getting in-person personal training and will not be receiving any 1-on-1 personal training sessions in the club
CANCELLATION AND REDEMPTION POLICIES
Initial Cancellation Period.
I may cancel this Agreement for any reason within three (3) business days of Body By Angelica’s performance of my first Fitness Service purchased under this Agreement (“Initial Cancellation Period”).
ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER
a) Mandatory Binding Individual Arbitration:
Except as expressly provided below, Body By Angelica and I (each a “party” or, together, “us,” “we” or “parties”) agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between us (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
b) Waiver of Class Actions:
We each agree that we will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
c) Waiver of Jury Trial:
We waive our constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.
d) Claims Not Subject to Arbitration:
There are only three exceptions to this Arbitration Agreement:
i) Small Claims: Either party may bring individual Claims in small claims court.
ii) Personal Injury Claims: Both parties must litigate personal injury Claims in court. For purposes of this exception, personal injury Claims are Claims arising from injury to the physical structure of the human body.
iii) Emergency Equitable Relief: Either party may seek temporary injunctive relief or other equitable relief in court pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
e) Arbitration Procedures:
Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
i) Arbitration Providers: Each party has a choice of initiating arbitration before either the American Arbitration Association (“AAA”) or JAMS, which are both established alternative dispute resolution providers (“ADR Providers”). If neither AAA nor JAMS is available to arbitrate, we will agree to select an alternative ADR Provider to administer the arbitration in this Arbitration Agreement.
ii) Arbitration Rules: The arbitration will be conducted under the AAA Consumer Arbitration Rules (available at www.adr.org) or JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.
iii) Arbitration Location: The arbitration hearing will be held at the ADR Provider’s location that is closest to the claimant’s primary residence, unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time, and place of any oral hearings).
iv) Fees: Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
Arbitrator’s Authority and Award:
The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
f) Governing Law:
This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.
g) Confidentiality:
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
Other Provisions:
This Agreement supersedes and replaces any prior oral or written agreements or other communications between me and Body By Angelica with respect to the Fitness Services. I am not relying on any oral or written promises, representations, statements, covenants or warranties, other than those set forth herein, to induce me to sign this Agreement. This Agreement may be amended, terminated or assigned at any time by Body By Angelica upon notice, if any, as may be required by law. If Body By Angelica fails to enforce any right in this Agreement for any reason, it does not waive its right to enforce it later.
ILLINOIS STATE LAW PROVISIONS
Termination: I may cancel this contract within 3 days after the first business day after the contract is signed by me and all monies paid pursuant to this contract shall be refunded to me.
Presale & Off-site Contract Purchases: If I purchase a membership at a facility which has not yet opened for business at the time the contract is signed, or if I do not purchase a contract at an existing facility, I shall have seven calendar days in which to cancel the contract and receive a full refund. If the Body By Angelica center is under construction and not available within 12 months of the contract date, or within 3 months of the promised opening, I may cancel and all payments will be refunded.
Termination Upon Relocation: If I relocate more than 25 miles from Body By Angelica, and no comparable facilities exist within 25 miles of my new residence, I may cancel and be liable only for the portion used.
Termination Upon My Death or Disability: If I am unable to use services due to death or disability, I or my estate will only be liable for services received up to that point. Reasonable evidence may be required.