TERMS & CONDITIONS OF PURCHASE
These Terms & Conditions of Purchase apply to everybody who purchases any type of class, series, workshop, private lesson or package of classes (“Purchaser”) directly from BEYOND Studios or indirectly through a 3rd Party Payer (including but not limited to Class Pass, Studio Hop and employees of Lululemon).
SECTION 1: FEES AND PAYMENTS
- Purchaser’s Obligation. Purchaser shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of Purchaser’s failure to use the facilities of BEYOND Studios (the “Studio”).
- Form of Payment. All payments (including per class payments and incidentals) are payable by electronic funds transfer from the Purchaser’s credit card account or debit card account. Purchaser must authorize payments to be made through a third party administered electronic funds transfer system. Purchaser maintains full control and privacy over his or her account at all times, and the transfer of funds affects only those fees that have Purchaser’s prior authorization and when a Purchaser authorizes any additional transaction, including but not limited to single classes, class series, class packages, and retail or product transactions either on the Studio’s website or in the Studio’s facilities, as well as charges associated with late cancellation and/or no-shows.
- Returned Payment Penalty. Purchaser will automatically be charged any bank fee imposed on the Studio, plus a processing fee, for any returned payment item due to closed accounts, insufficient funds or similar issue. On such occasion, the Studio retains the right to collect the current and past due balances in any subsequent month.
- Disputed Charge Penalty. In the event that a Purchaser initiates a credit card dispute that is subsequently resolved in the Studio’s favor, the Studio shall have the right to charge Purchaser up to $50 per occurrence.
- Cancellation of Classes and Waitlist Policy. In order to make a reservation, you must first purchase a pass, session, workshop or series. To do this, you can go to www.thebeyondstudios.com to “Sign Up” and create a username if you have not done so already. You should be aware that series expire and class and future series prices are subject to change. We accept Mastercard, Visa, Discover and American Express. All Studios are cashless and accept credit cards only.
Reservation and cancellation deadlines apply regardless of website, phone or facility functionality.
Your credit/debit card will be charged for your order when you make a purchase. BEYOND will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that BEYOND Park Cities LLC. may incur in its efforts to collect any unpaid balances from you.
Please reserve your spot for class on www.thebeyondstudios.com. Click on the Sign In, Reserve A Class, Schedule A Class or Book Now page and choose a class time you would like a spot. If a class is full you will see a ‘W’ next to the class but you can still put yourself on the waitlist. If a spot opens up in that class, you’ll be placed into the class and notified via email.
It is recommended that you sign up in advance for BEYOND classes. You are able to book classes out 10 days. Clients with an active pass, series , sessions or membership can sign up in advance by calling, sending an email or signing up online through this website. All reservations are held until the class begins.
CLASS CANCELLATION POLICY:
Class reservations are valid only if you are ready and in the class studio 5 minutes prior to the class start time. In fairness to all our customers, spots will be released 2 minutes before class time. You can cancel your reservation by logging on to your account through www.thebeyondstudios.com.
Due to a limited spots available in each session, BEYOND has two types of charges to motivate attendance. A LATE CANCEL charge of $15 occurs if you cancel within 12 hours of the scheduled class time. A NO-SHOW charge of $25 occurs if you cancel within 2 hours of the scheduled class time, or if you are signed up for a class and do not attend.
If you cancel your spot within 12 hours before the start time of class, your class will be returned to your series to be used at a future date; the class is not refunded but you will be charged the “LATE CANCEL” fee. If you do not show up and not cancel your reservation, your scheduled class will be charged as a ‘NO SHOW’ fee but class will be returned to your series. Please note that cancelling less than 2 hours prior to class start or after the class starts will be considered not showing for a reserved class and may result in a $25 ‘NO SHOW’ fee.
SECTION 3: PURCHASER RISK
- Medical Recommendations. Purchaser is strongly advised to consult with his or her physician or to have a physical examination before using any of the Studio’s facilities or enrolling in any of the Studio’s classes, especially if Purchaser is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to strenuous physical exertion or has any other physical limitations that could create an increased risk of injury or adverse health consequences from strenuous exercise.
- Orientation. Purchaser is strongly encouraged to arrive early prior to their first class as well as request ongoing support available at the Studio to ensure the proper and safe use of all of the Studio’s equipment.
- Purchaser Conduct. Purchaser shall not use any Studio facility, service or equipment in such a way as to endanger the health or safety of Purchaser or others. Purchaser shall be responsible for any property damage or personal injury caused by Purchaser and/or his or her guests. Purchaser agrees not to violate any laws while in any Studio facility and agrees further to abide by all of the Studio’s rules and regulations, as they now exist and as they may be amended from time to time in the discretion of the Studio.
- Purchaser Assumption of Risk. Purchaser acknowledges that his or her participation in the Studio’s classes and use of the Studio’s facilities necessarily involves a risk of severe, permanent physical injury (including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury, and paralysis) and death. By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, PURCHASER WILLINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS. The Studio cannot, and does not, guarantee that any facility, class or equipment is free of risk of any and all accidents or injuries of any kind (including death).
- Medical Disclaimer. Purchaser has been informed and acknowledges that the Studio makes no claims as to medical or fitness results that can or may be obtained through use of the Studio’s facilities, equipment or services. The Studio has neither suggested nor will suggest any medical treatment to Purchaser. Only licensed medical professionals are qualified to give medical advice.
Purchaser’s Health Warranty. By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, Purchaser represents and warrants that he or she (i) is in good medical and physical condition, and that participation in the classes or use of the facilities does not pose any danger to Purchaser’s health; (ii) has no medical or physical conditions that would preclude his or her participation in any of the Studio’s classes or use of the Studio’s facilities, or otherwise create an increased risk of injury or adverse health consequences as a result of strenuous exercise; and (iii) has not been instructed or advised by any physician against participating in strenuous physical exercise or exertion, participating in any of the Studio’s classes, or using the Studio’s facilities.
- Purchaser Waiver, Release and Indemnity. By checking the box to signify agreement with the Terms and Conditions of Purchase and/or by attending classes or otherwise participating in Studio activities, Purchaser, on behalf of his- or herself, and on behalf of his or her heirs and assigns, expressly agrees to forever discharge, waive and release BEYOND Park Cities LLC, dba BEYOND Studios and each of its subsidiaries and their respective members, officers, directors, affiliates, instructors, agents, employees and/or independent contractors (the “Released Parties”) from any and all claims, demands, injuries, liabilities, actions, causes of action and from all acts of active or passive negligence on the part of the Released Parties on account of any and all injuries or damages, including but not limited to bodily injury, mental injury, death and/or property damage from any event, mishap, accident, loss, damage or injury suffered resulting from or connected with or caused by the use of the Studio’s classes, services and facilities (including, without limitation, any of the treadmills, reformers, Pilates chairs, trampolines or other fitness equipment, lobby/dressing room, or other equipment). Purchaser further agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Released Parties from any and all claims, losses and liabilities arising from, connected to, and/or arising from his or her use of the Studio’s classes, services and facilities (including, without limitation, any of the fitness equipment at BEYOND, dressing rooms, or other equipment.) Additionally, Purchaser and his or her guests shall hold the Released Parties harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of their use of the Studio and associated activities.
- Prevailing Party. In the event Purchaser commences an action against the Studio or its members, officers, affiliates, agents or employees and fails to obtain judgment or partial judgment in Purchaser’s favor, Purchaser shall be liable to the Studio for all costs and expenses associated with Studio’s defense of the action or any claims on which Purchaser did not prevail, including, without limitation, reasonable attorneys’ fees and costs.
- Costs of Collection. Purchaser agrees to pay all costs plus reasonable attorney and collection fees in connection with Studio’s (or Studio’s designee’s) collection of any amounts owed by Purchaser.
- Loss of Property. Purchaser is urged not to bring valuables onto the Studio premises and to keep valuables with him or her at all times. The Studio shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry).
SECTION 4: GENERAL PROVISIONS
- Purchaser and Guests Rules. Purchaser and his or her guests shall abide by the Studio’s rules and regulations and any amendments and/or modifications thereto.
- Lockers and Cubbies. Lockers and Cubbies are provided solely for the benefit and convenience of the participants. The Studio will remove any articles left in a locker or cubbie overnight.
- Pets and Bicycles. Pets and bicycles are not permitted in the Studio unless approved beforehand.
- Dress Code. Proper athletic attire is required. The Studio reserves the right to make the final determination in its sole discretion with regard to appropriate attire. Purchaser agrees to wear non-slip socks to all classes that include the Pilates reformer and tennis shoes/sneakers that include the treadmills.
- Independent Contractors. From time to time, the Studio may make the services of independent contractors available to Purchaser and his or her guests. The Studio does not warrant or guarantee the quality of these services.
- Guest Rules. Guests are permitted in the Studio, but only pursuant to such rules, fees and schedules as then may be in effect. All guests must register at the front desk and sign the Studio’s standard release agreement.
- Special Events. The Studio may from time to time reserve the use of its facilities for special events, competitions and private functions.
- Change in Operating Hours/Temporary Closing of Studio. As a result of repair, maintenance, special occasions, or act of God, the Studio may be required to restrict the use or temporarily close its facilities or activities from time to time. Hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at the Studio’s discretion.
- Children’s Use. All children under 18 years of age must be accompanied by a parent at all times within the Studio unless they are in a supervised activity. Children under age 13 are not permitted in any Studio facility without the express permission of Studio management. The Minor Waiver must be signed by the parent (purchaser) in order for the child to participate in class.
SECTION 5: MISCELLANEOUS
- Non-Discrimination. The Studio will not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry in considering applications for, or have taken other action in connection with, entrance in the Studio.
- Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.
- Enforcement. If any provision of these Terms and Conditions of Purchase is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
- Governing Law; Jurisdiction. This agreement shall be governed in all respects by the substantive law of the State of Texas, without regard to its conflict of law principles. Purchaser hereby unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in Texas, Texas for any actions, suits or proceedings arising out of or relating to this agreement.
- Entire Agreement. These Terms and Conditions of Purchase and all rules and regulations of the Studio, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to the subject matter hereof. This agreement may be modified only by an instrument in writing and only by the Studio.
AGREEMENT BETWEEN USER AND BEYOND STUDIOS
To access certain features of this Site, you may have to create an account. You are responsible for maintaining the confidentiality of your account username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You are limited to only one account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that BEYOND Studios is not responsible for third party access to your account that results from theft or misappropriation of your account. You must notify BEYOND Studios immediately of any breach of security or unauthorized use of your account. BEYOND Studios and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Any creation of an account by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using the Site you represent and warrant that you are at least 13 years of age and that you agree to abide by all of the Terms. Anyone between the ages of 13 and 18 may use the Site and create an account only with permission of a parent or guardian.
See cancellation and no show policy. No refund on services will be allowed at this time. Please ask each studio location for its product refund policy.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BEYOND Studios and BEYOND Studios is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BEYOND Studios is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BEYOND Studios of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.theBEYONDstudios.com domain, you hereby acknowledge and consent that BEYOND Studios may share such information and data with any third party with whom BEYOND Studios has a contractual relationship to provide the requested product, service or functionality on behalf of www.theBEYONDstudios.com users and customers.
The Site may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase services via your mobile phone, (ii) the ability to browse the Site from your mobile phone and (the “Mobile Services”). Your carrier’s normal messaging, data and other rates and fees will apply.
NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BEYOND Studios or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BEYOND Studios content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of BEYOND Studios and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BEYOND Studios or our licensors except as expressly authorized by these Terms.
THIRD PARTY ACCOUNTS
You will be able to connect your BEYOND Studios account to third party accounts. By connecting your BEYOND Studios account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by BEYOND Studios from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BEYOND Studios Content accessed through www.theBEYONDstudios.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless BEYOND Studios, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BEYOND Studios reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BEYOND Studios in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BEYOND STUDIOS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BEYOND STUDIOS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BEYOND STUDIOS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ACCOUNT TERMINATION / ACCESS RESTRICTION
BEYOND Studios reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BEYOND Studios as a result of this agreement or use of the Site. BEYOND Studios’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BEYOND Studios’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BEYOND Studios with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BEYOND Studios with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BEYOND Studios with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
BEYOND Studios reserves the right, in its sole discretion, to change the Terms under which www.theBEYONDstudios.com is offered. The most current version of the Terms will supersede all previous versions. BEYOND Studios encourages you to periodically review the Terms to stay informed of our updates.
BEYOND Studios welcomes your questions or comments regarding the Terms at info@theBEYONDstudios.com.