iiCE FITNESS

TERMS & CONDITIONS

SPECIAL CLASSES HOSTED AT OTHER FACILITIES, LOCATIONS, OR VENUES

 

Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights, remedies, and obligations in signing this document you are deemed to have read and agreed to the following Terms and Conditions:

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The following terminology applies to the following, Privacy Statement, Disclaimer Notice and any or all Agreements attached:

 

“Rider”, “Client,” "Participant," “Member,” “Visitor,” “You,” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.

“The Company,” “Ourselves,” “We” and “Us” refers to our Company IICE Fitness LLC.

“Party,” “Parties,” or “Us,” refers to both the Client and ourselves, or either the Client or Ourselves.

“Programs” refers to classes, activities, events, etc. offered by IICE Fitness LLC.

 

All terms refer to the offer, acceptance or consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect to the Company’s stated services and products, in accordance with and subject to prevailing Texas Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

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The IICE Fitness Website allows clients to receive information about IICE Fitness, as well as reserve, cancel, and pay for services and products offered by IICE Fitness at the facilities where those programs take place (collectively, “Programs”), including but not limited to gyms, studios, parks, rented spaces, or any other locations where programs or activities are conducted. The services offered by IICE Fitness include, but are not limited to, the website http://www.iicefitness.com, which is hosted in the United States.

 

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

This RELEASE AND INDEMNITY AGREEMENT (“Release”) is made to release and indemnify IICE FITNESS and all of its respective members, employees, heirs, successors, agents, contractors and assigns. The undersigned, on his/her own behalf or, if applicable, as the parent or guardian of a minor and on behalf of the undersigned’s heirs, successors, representatives and assigns hereby grants the Released parties this full release and indemnification as consideration in exchange for permitting Participant to participate in this exercise program or any other activity associated with or through the Released Parties. Participant further acknowledges that his/her participation in the activity is voluntary with full knowledge, understanding, and appreciation of the risk inherent in any physical exercise and expressly assumes all risk of injury and even death, which could occur by reason of Participant’s participation. This event is a themed class featuring live music for entertainment purposes. Participants understand that it is a special class, separate from IICE Fitness's standard offerings. This event is organized by IICE FITNESS but hosted at an independent venue. This event is not associated with IICE Fitness’s usual facilities.

 

The undersigned member/participant (“Participant”) of IICE FITNESS, LLC (“IICE FITNESS”) acknowledges that the programs offered by IICE FITNESS and use of the facilities where those programs take place (collectively, “Programs”) involve the inherent risk of injuries, losses, penalties, liabilities, and economic, mental, and physical damages, including, but not limited to, seizures, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries, and other illness, soreness, and injuries. Participant further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of instructors or other persons, defective or improperly used equipment, overexertion of Participant, slip and fall, or an unknown or known health problem of Participant.

 

Despite all known and unknown risks, including but not limited to bodily injury (including death) and property loss or damage, the undersigned, on behalf of the Releasing Parties, hereby releases, waives, acquits, and forever discharges any and all known or unknown claims, demands, causes of action, damages, losses, and expenses that the Releasing Parties may ever have or have had against the Released Parties arising out of Participant’s participation in any activity or exercise program offered by the Released Parties, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by Released Parties or any third party.

 

Participant acknowledges that the venue or facility where special theme classes, events, or activities/Programs are conducted may have its own risks, including but not limited to structural or environmental conditions, defective equipment, uneven or slippery surfaces, or any other hazards present at the location. Participant assumes full responsibility for any injury, damage, or loss that may arise from the condition of the venue or its surroundings, whether or not such conditions are apparent at the time of participation.

 

Participant further acknowledges and agrees that iiCE Fitness, LLC, is an independent entity and is not owned by or operated by the hosting venue or facility where the Programs are conducted. The Released Parties are not responsible for the maintenance, safety, or condition of the venue or facility and disclaim all liability for injuries, damages, or losses arising from or related to the venue or facility used for the Programs.

 

By acknowledging this waiver, you agree that you should consult any medical practitioner prior to participating in any Programs/activities with IICE FITNESS at the facilities where those programs take place (collectively, “Programs”), including but not limited to gyms, studios, parks, rented spaces, or any other locations where Programs or activities are conducted. This is particularly important if you had, have, or develop a serious health condition, including but not limited to stroke, lupus, hernia, numbness in the extremities, orthopedic condition, heart condition, asthma, breathing problems, faintness, dizziness, loss of balance, recent injury/surgery/concussion, or current pregnancy.

 

PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS READ, UNDERSTANDS, AND VOLUNTARILY AGREES TO THE TERMS SET FORTH IN THIS RELEASE AND INDEMNITY AGREEMENT.

 

WARNING: PHOTOSENSITIVITY AND SENSORY OVERLOAD

 

Individuals with epilepsy or other nerve conditions sensitive to flickering light are recommended to not partake in the Programs offered by IICE FITNESS. Individuals who have never suffered an epileptic seizure may nevertheless have an undetected epileptic condition. If you are not willing to take this risk do not partake in Programs offered by IICE FITNESS. Classes may include live music and amplified sound, which may exceed typical noise levels. Individuals sensitive to loud sounds, flashing lights, or crowded spaces should not participate or should take appropriate precautions. If you have a personal or family history of epilepsy or any other condition sensitive to flickering light, are uncomfortable with bright light, are uncomfortable with sensory overload or loud sounds, have a heart condition, or are under the restrictive care of a physician for any serious medical condition, you should consult a qualified medical professional before partaking in the Programs offered by IICE FITNESS. Immediately discontinue the Programs offered by IICE FITNESS if you experience any of the following symptoms: involuntary movements, disorientation, eye or muscle twitching, confusion, dizziness, convulsions or nausea.

 

Participant affirms that Participant is in good physical condition and does not suffer from any mental or physical disability that would prevent or limit his or her participation in the Programs. Participant acknowledges participation will be physically and mentally challenging, and Participant agrees that it is the responsibility of Participant to seek competent medical or other professional advice regarding any concerns or questions involved with the ability of Participant to take part in the Programs. By purchasing classes, special theme class tickets, or by checking the terms & conditions box at check out, the Participant asserts that he or she is capable of participating in the Programs and agrees to these terms. Participant agrees to assume all risk and responsibility for not exceeding his or her physical limits. Participant, for his or her own behalf and on behalf of Participant’s heirs, assigns, personal representatives and next of kin, HEREBY RELEASES, INDEMNIFIES AND HOLDS HARMLESS IICE FITNESS, and their respective Participants, managers, officers, agents, employees, and owners from and against any and all claims, demands, losses and liabilities arising out of or related to any injury, disability or death that Participant may suffer, or loss or damage to person or property, to the fullest extent permitted by law. This Release of Liability and Assumption of Risk shall survive any termination or renewal of this Agreement.

 

By agreeing to this, I confirm I have read this Release of Liability and Assumption of Risk, fully understand its terms, and sign it freely and voluntarily without any inducement.

 

THE PARTICIPANT KNOWINGLY AND FREELY AGREES TO ASSUME ALL RISK AND RESPONSIBILITY INVOLVED WITH PARTICIPATION IN THE PROGRAMS.

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USE OF PHOTOGRAPHS AND VIDEOS

The Participant understands and agrees that photos or videos may be taken during the course of his or her involvement in the Programs, which may be used for all promotional purposes of IICE FITNESS including but not limited to special events and classes. The Participant agrees that IICE FITNESS may copyright, use and publish any such photos and videos for any lawful purpose and will not owe the Participant any monies for such use of their image. The Participant agrees that even after class or event has concluded, their image/likeness could still be used for promotional purposes and IICE FITNESS is under no obligation to remove such image.

 

TESTIMONIALS DISCLAIMER

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

 

The Site does not contain health, nutrition, or fitness advice. The information is provided for general informational and educational purposes only and it is NOT a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with appropriate professionals. We do not provide any kind of physical health, mental health, nutrition, or fitness advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

 

PERSONAL PROPERTY

Participant also acknowledges that leaving any personal property on the premises or in the care or custody of IICE FITNESS involves risks of theft, damage, or other loss of use or reduction in value of such personal property and that (i) Participant shall insure or self-insure against any and all such losses or damages, (ii) such insurance or self-insurance shall be Participants sole and exclusive recourse for any and all damages or losses with regard to all such risks and (iii) Participant shall Release and hold harmless the Released Parties with regard to such risks, damages and losses.

 

MISCELLANEOUS

IICE FITNESS reserves the right from time-to-time to establish policies that apply to all fitness program Participants regarding attendance, conduct, safety, contract cancellation and other relevant subjects, and to modify these policies. Any such policies will be posted in the IICE FITNESS gym and emailed to the Participants 2 weeks prior to the effective change date.

 

This agreement is the final understanding between the parties and replaces any prior negotiation, discussions or agreement between the parties. Other than as stated above, this agreement may not be modified or amended in whole or in part, without the written consent of both parties. Participant acknowledges that you have carefully read this release and fully understand that it is a release of liability. Participant acknowledges that (1) you have had an opportunity to thoroughly review this document and consult counsel if you desire, (2) you are voluntarily participating are under no compulsion to sign this document and are doing so freely and without duress or undue influence, and (3) you fully understand that exercise and related activities are inherently dangerous and involve risks of serious injury, death, and/or property damage.

 

PARENT/GUARDIAN CONSENT (IF PARTICIPANTIS UNDER 18)

If you are enrolling a minor (an individual who is not the age of majority in their jurisdiction of residence), the above release applies equally to said minor. No one under 15 years of age may participate. A minor 15-18 years of age may participate only with a parent or legal guardian present.

 

I, (Parent/Guardian Name Inserted Above), as parent/guardian with legal responsibility for the Participant named above, hereby consent and agree to his/her Release of Liability and Assumption of Risk as provided above, and, for myself, my heirs, assigns and next of kin, I release and agree to indemnify and hold harmless IICE FITNESS from any and all liability incidents to my minor child’s involvement or participation in the Programs, to the fullest extent permitted by law.

 

I grant IICE FITNESS the right to take photographs and videos of my minor child and authorize IICE FITNESS to copyright, use and publish the same in print or electronically. I agree that IICE FITNESS may edit and use such photographs and videos for any lawful purpose.

 

PURCHASE CONDITIONS

All packages, classes and memberships are non-refundable. All Participants must have a card on file to attend a class or training session.

 

REGISTERING FOR CLASSES

You may register for our classes on iicefitness.com or in person.

 

MINOR REGISTRATION POLICY

Registration of minors (ages 15-18) must be completed in person at one of our studios with a parent or legal guardian present. If we learn any personal information has been submitted to the website from a child under the age of 15, we will delete that information as quickly as reasonably possible. IICE Fitness does not seek or share personal information from minors through this website. If you are between the ages of 15 and 18, you may register on our website only with the involvement of a parent or guardian as well as a waiver signed in person at the location where Programs or activities are conducted.

 

PRIVACY POLICY

YOUR PRIVACY IS IMPORTANT TO US

 

IICE FITNESS, LLC is committed to protecting the privacy of our site visitors and customers, we fully appreciate and respect the importance of privacy on the Internet. This Privacy Policy (“Policy”) applies to iicefitness.com and any subsidiaries and affiliates (“IICE FITNESS”, “we”, “us” or “our”) belonging to IICE FITNESS, LLC, and describes the collection, use and disclosure of information and data we collect about users of the Site. By accessing the Site, you agree that your personal information will be handled as described in this Policy and consent to the data practices described within this Policy. Your use of our Site, and any dispute over privacy, is subject to this Policy and to our Terms & Conditions, including its applicable limitations on damages and the resolution of disputes. The IICE FITNESS Terms and Conditions are incorporated by reference into this Policy. We may change this Policy from Time to time in order to reflect current changes as required by law or regulatory operations, your use of the Site hereby constitutes your acceptance of any revised Policy changes.

 

We will not disclose information about the customers to third parties except where it is part of providing a service to you - e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling or where we have your express permission to do so.

 

YOUR CONSENT

We will not sell the clients name, address, e-mail address, credit card information or personal information to any third party (excluding partners from whom the client may have linked to the site) without your permission.

 

COMMUNICATION & MARKETING

If you have made a purchase from Our studio, we may occasionally update you on our latest products, news and special offers via email. All Our customers have the option to opt-out of receiving marketing communications from Us and/or selected third parties. If you do not wish to continue to receive marketing from us and/or selected third parties on checkout.

 

COOKIES

We use “cookies” on this site. A cookie is a small information file that is sent to your computer and is stored on your hard drive. If you have registered with us then your computer will store an identifying cookie which will save you time each time you re-visit our site, by remembering your email address for you. You can change the settings on your browser to prevent cookies being stored on your computer without your explicit consent.

 

COLLECTION OF YOUR PERSONAL INFORMATION

We collect information about you directly from you (both online and in studio) and from third parties, as well as automatically through the use of our Site. In order to better provide the client with products and services offered on our Site, we may collect personally identifiable information, including but not limited to; your first and last name, mailing address, email address, phone number, and password. If you purchase products or services from us, we collect billing and credit card information and purchase history. This information is used to complete the purchase transaction. We also may collect information about your workout preferences, including your fitness performance, apparel sizes, including shoe size preferences. If you provide this information directly to one of our gym employees, we may associate this information with your account (e.g., if you sign up for a class while you are in the gym). We may also collect anonymous demographic information, which is not unique to you, including but not limited to, your: age and gender. Please keep in mind that any information you disclose through public message boards belonging to us may be collected and/or used by us or others. You may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

 

SURVEYS & CONTESTS

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site and studio.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via info@iicefitness.com

 

THIRD PARTY SITES

Our site may contain links to and from the websites of our partner networks, advertisers and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

 

CHECKING YOUR DETAILS

If you wish to verify the details you have submitted to us, you may do so by contacting us via the e-mail address given below. Our security procedures mean that we may request proof of identity before we reveal information. This proof of identity will take the form of your e-mail address and password submitted upon registration. You must therefore keep this information safe as you will be responsible for any action which we take in response to a request from someone using your e-mail and password. We would strongly recommend that you do not use the browser's password memory function as that would permit other people using your terminal to access your personal information.

 

CONTACTING US

Please contact us with any questions or comments at info@iicefitness.com

Please read this contract carefully. It states all the terms of our agreement. If it correctly reflects our understanding, please sign and date below. The parties whose signatures appear below have read this agreement and agree to each of the terms and conditions stated in it.

 

You should retain a copy for your files so that you will have a memorandum of our agreement.

 

APPROVED AND ACCEPTED BY: IICE FITNESS LLC

IICE FITNESS LLC consents to signing this Document electronically.