Square Curve, LLC d/b/a Square Code Fitness (“Square Code Fitness”), a Nevada limited liability company, is located at 1315 E Main St, Richmond VA 23219.
The terms of Membership in Square Code Fitness are governed by this Agreement and the Square Code Fitness Policies and Square Code Fitness Price List (as currently in effect and as they may be updated or modified by Square Code Fitness from time to time in its discretion) (“Square Code Fitness Policies”). I acknowledge that I have read and that I understand the Square Code Fitness Policies and that I will abide by the terms of this Agreement and the Square Code Fitness Polices. I am responsible for reading and understanding any revised Square Code Fitness Policies as they may be posted on the squarecodefitness.com website or in the Square Code Fitness studio from time to time. In this Agreement, “I” or “you” refers to the member and “we” or “us” refers to Square Code Fitness.
In connection with my payment or commitment to pay the requisite fees, I hereby purchase the Services elected by me in accordance with Square Code Fitness Policies or as otherwise communicated to me by Square Code Fitness in writing. I hereby agree that all Services purchased by me are subject to this Agreement and the Square Code Fitness Policies.
Services.
Square Code Fitness provides the following services: physical training, physical fitness performance enhancement, compression air and percussion massage and other related special events and programs (collectively, the “Services”). We reserve the right to change the facilities, equipment or Services at any time.
Membership Levels, Costs and Benefits.
Membership levels, costs and benefits are set forth in the Square Code Fitness Policies and can be accessed via the squarecodefitness.com website
Fees and Term of Use.
All fees are pre-paid and non-refundable except as described in this agreement, the Square Code Fitness Policies or as required by law. The fees and terms of access for each of our membership levels, are set forth in the Square Code Fitness Policies in force at the time you make any purchases or renew.
Other Services and Fees.
Any other Services you purchase from Square Code Fitness including, but not limited to, Square Code Fitness experiences outside of the facility and retail purchases may require you to sign up to separate agreements governing their use and could include additional costs which will be described to you at the time of purchase.
Payment.
Except as otherwise provided herein, all Membership, Session and other Services fees are pre-paid and non-refundable in accordance with Square Code Fitness Policies. These fees are considered earned at purchase. I authorize Square Code Fitness to charge my credit card for any and all fees or expenses, including, but not limited to, retail purchase, membership fees, parking charges and Session Package fees incurred by me with Square Code Fitness. Square Code Fitness may use the credit card provided by me at time of purchase or later, even as to amounts I owe Square Code Fitness after termination of my membership. If I provide credit card information for a card in the name of another person or member, I represent and warrant to Square Code Fitness that I am authorized by the card holder to use the card pursuant to this Agreement, and I hereby agree to indemnify, defend and hold Square Code Fitness harmless for all obligations, claims or damages arising out of any claim by such third party card holder related to my use of the such third party’s card.
WAIVER, RELEASE AND REPRESENTATION OF GOOD HEALTH
I ACKNOWLEDGE THAT MY ATTENDANCE OR USE OF THE FACILITIES AND EQUIPMENT OR PARTICIPATION IN ANY SQUARE CODE FITNESS ACTIVITIES OR PROGRAMS OR RECEIVING ANY SERVICES (AS DEFINED ABOVE) (COLLECTIVELY, “SQUARE CODE FITNESS SERVICES”) POSSESS RISKS, KNOWN AND/OR UNKNOWN AND COULD CAUSE INJURY TO ME. AS A PRE-CONDITION TO ALLOWING ME TO RECEIVE, PARTICIPATE IN, ATTEND OR USE ANY SQUARE CODE FITNESS SERVICES, I ACCEPT THE RISKS ASSOCIATED WITH ATTENDANCE AND USE OF ANY SUCH SQUARE CODE FITNESS SERVICES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING RISKS: WORSENING OF ANY MEDICAL CONDITION OR INJURY I MIGHT HAVE, PERSONAL INJURY, THEFT, OR CONTAGION. I ACKNOWLEDGE THAT AS A PRE-CONDITION TO UTILIZING ANY SQUARE CODE FITNESS SERVICES I WILL INQUIRE ABOUT ANY RISKS ASSOCIATED WITH THEM AND THAT I WILL FOLLOW ALL INSTRUCTIONS RELATED TO THE SQUARE CODE FITNESS SERVICES. I REPRESENT AND WARRANT THAT I CONSULT A PHYSICIAN ON A REGULAR BASIS REGARDING MY HEALTH, AND THAT I WILL NOT PURCHASE, RECEIVE, PARTICIPATE IN, ATTEND OR USE ANY SQUARE CODE FITNESS SERVICES IF I AM AWARE OF A CONDITION OR INJURY THAT MAY MAKE SUCH SQUARE CODE FITNESS SERVICES INADVISABLE OR THAT MAY INJURE ANOTHER PERSON OR CREATE A RISK THAT ANOTHER PERSON WOULD CATCH A SICKNESS OR DISEASE FROM ME. AS AN ILLUSTRATION, AND NOT A LIMITATION, I WILL NOT PARTICIPATE IN SQUARE CODE FITNESS SERVICES WHICH INVOLVE ENTERING A SQUARE CODE FITNESS PREMISES OR BEING PROXIMATE TO OTHER CUSTOMERS, COACHES OR STAFF IF I HAVE SYMPTOMS). I AGREE TO ABIDE BY ALL SQUARE CODE FITNESS POLICIES RELATED TO HEALTH AND SAFETY. I UNDERSTAND THAT I AM ADVISED TO CONSULT MY PHYSICIAN REGARDING SQUARE CODE FITNESS SERVICES PRIOR TO PURCHASING, RECEIVING, PARTICIPATING IN, ATTENDING OR USING ANY SQUARE CODE FITNESS SERVICES. IF I HAVE FURTHER QUESTIONS OR CONCERNS REGARDING SQUARE CODE FITNESS SERVICES, I AGREE TO ASK SQUARE CODE FITNESS PERSONNEL WORKING ON-SITE TO PROVIDE ADDITIONAL INFORMATION PRIOR TO RECEIVING, PARTICIPATING IN, ATTENDING OR USING ANY SQUARE CODE FITNESS SERVICES.
I UNDERSTAND THAT IT IS MY RESPONSIBILITY TO NOT EXERCISE, OR TO CEASE EXERCISING, IF I AM UNFIT, SICK OR DO NOT FEEL WELL FOR ANY REASON. I UNDERSTAND THAT COACHES OR EQUIPMENT/COMPUTERS MAY ENCOURAGE ME TO EXERT MYSELF TO IMPROVE MY PERFORMANCE AND TRAINING, AND THAT IT IS MY RESPONSIBILITY TO COMMUNICATE TO THE COACH OR TO CEASE EXERCISING AND IGNORE SUCH ENCOURAGEMENT IF I DO NOT FEEL WELL OR FEEL I COULD BECOME INJURED.
I UNDERSTAND THAT THE SQUARE CODE FITNESS SERVICES ARE NOT AN EXACT SCIENCE AND THAT NO GUARANTEES OR ASSURANCES HAVE BEEN MADE TO ME CONCERNING THE OUTCOME AND/OR RESULT FROM THE SQUARE CODE FITNESS SERVICES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, I (ON MY OWN BEHALF AND THE BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS) HEREBY RELEASE SQUARE CODE FITNESS, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (AND ANY SQUARE CODE FITNESS AFFILIATES THAT OWN OR OPERATE ANY FACILITY I USE PURSUANT TO THIS AGREEMENT) FROM ANY AND ALL CLAIMS ARISING OUT OF THE SQUARE CODE FITNESS SERVICES, INCLUDING CLAIMS FOR NEGLIGENCE OR CLAIMS ARISING FROM THE USE OF COACHES S (YET NOT INCLUDING CLAIMS FOR INTENTIONAL TORTIOUS ACTS OR CLAIMS THAT I MAY NOT RELEASE BY LAW). I REPRESENT THAT I WILL NOT RECEIVE, PARTICIPATE IN, ATTEND OR USE ANY SQUARE CODE FITNESS SERVICES IF I POSSESS A CONDITION OR INJURY THAT MAKES SUCH RECEIPT, PARTICIPATION IN, ATTENDANCE OR USE INADVISABLE. FURTHERMORE, I AGREE NOT TO RECEIVE, PARTICIPATE IN, ATTEND OR USE ANY SQUARE CODE FITNESS SERVICES THAT ARE BEYOND MY PHYSICAL CAPACITY. I WILL INFORM SQUARE CODE FITNESS AND ANY COACHES WORKING WITH ME OF ANY CONDITIONS I HAVE OR MAY HAVE THAT COULD BE AGGRAVATED OR COULD CAUSE INJURY OR DISEASE TO ME OR ANOTHER. NOTWITHSTANDING ANY TERM TO THE CONTRARY IN THIS AGREEMENT, NO TERM OF THIS AGREEMENT SHALL CONSTITUTE A WAIVER OF YOUR RIGHTS UNABLE TO BE WAIVED BY LAW.
FURTHER, I HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SQUARE CODE FITNESS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FOR ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO THE RECEIPT, PARTICIPATION IN, ATTENDANCE OR USE OF THE SQUARE CODE FITNESS SERVICES, MY BREACH OF THIS AGREEMENT, MY VIOLATION OF THE SQUARE CODE FITNESS POLICIES OR MY NEGLIGENT OR INTENTIONAL TORTIOUS ACTS OR OMISSIONS
INTELLECTUAL PROPERTY RIGHTS
The content on the Site and mobile app, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Square Code Fitness, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the website and the Content.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
“:”, “square:code”, and the “S:C” icon and other graphics, logos, wordmarks, and designs are trademarks of Square Code Fitness in the U.S. Square Code Fitness trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Square Code Fitness.
NON-RECORDING OF LIVE SERVICES AGREEMENT
You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any live Square Code Fitness classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of Square Code Fitness. Square Code Fitness instructors are not authorized to provide consent. This includes even a temporary recording/transmission live Square Code Fitness class via online platforms such as SnapChat, Zoom, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in a Square Code Fitness studio class before and/or after a class with the consent of each participant who is identified in your content.
Any violation of this non-recording agreement is grounds for exclusion from participation in any Square Code Fitness activities. You further agree to indemnify, defend, and hold harmless Square Code Fitness, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this non-recording agreement.
You acknowledge and agree that your participation in services provided by Square Code Fitness may be recorded by staff for promotion and may be posted on the website and/or social media. You agree to allow Square Code Fitness staff to use video or photos taken related to services provided to promote the business.
DISPUTE RESOLUTION
The parties will attempt in good faith to resolve any issue, dispute, or controversy arising out of or relating to this Agreement. If any controversy or claim arising out of, or in any way related to, this Agreement is not resolved, at the request of either party, the matter will be settled by confidential binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will take place in the city and state where the Square Code Fitness facility that you initially joined is located (or another location agreed upon by the parties). The parties agree they shall not disclose the existence, content or results of the arbitration without the written consent of both parties, other than to their attorneys or as required by law. The arbitration award will be valid and binding upon the parties, and judgment thereon may be entered and enforced as a final judgment in any court of competent jurisdiction. However, claims for injunctive relief or other equitable relief may be filed in the state or federal courts of Virginia for an order effective until the conclusion of the arbitration and enforcement of the arbitration award and such claims may be filed without a good faith attempt to resolve issues underlying such claims, and the parties shall both instruct the court to keep such court proceedings confidential, to the extent allowed by law. Furthermore, notwithstanding the foregoing, for claims qualifying for small claims court in Virginia, Square Code Fitness may sue in small claims court in Virginia if the good faith effort to resolve the issue/dispute fails after a reasonable time (which reasonable time for such purpose is no later than 10 days from the date Square Code Fitness sends a detailed letter to you identifying the complaint and an acceptable solution/cure). In the event Square Code Fitness is the prevailing party in any dispute arising out of or related to this Agreement, then you shall pay Square Code Fitness’ reasonable attorney’s fees, costs and expenses associated with such dispute, including pre-hearing and post-hearing fees, costs and expenses and fees, costs and expenses associated with any appeals.
ENTIRE AGREEMENT & ENFORCEMENT
You acknowledge that neither Square Code Fitness, nor anyone else, made any representations or promises upon which you relied that are not stated in this Agreement or the Square Code Fitness Policies. This Agreement, together with the Square Code Fitness Policies, constitutes the entire agreement between you and Square Code Fitness and replaces any previous or contemporaneous oral or other written agreement. The terms of this Agreement may not be modified except in a writing signed by both parties; provided, however, that Square Code Fitness may unilaterally modify the Square Code Fitness Policies and such modifications shall be binding upon you. The terms of this Agreement control to the extent any conflict with the Square Code Fitness Policies. If a court declares any part or term of this Agreement or the Square Code Fitness Policies invalid, it will not invalidate the remaining parts of either document, which continue unaffected. If Square Code Fitness does not enforce any right in this Agreement or the Square Code Fitness Policies for any reason, Square Code Fitness does not waive its right to enforce it later. In the event of a conflict between the terms of this Agreement or the Square Code Fitness Policies, and the agreement and policies of an affiliated facility (to which you hereby agree to be bound while using such affiliated facility), the terms of the agreement and policies of the affiliated facility shall govern as to matters pertaining to such facility.
GOVERNING LAW & SURVIVAL
This agreement shall be interpreted, enforced, and governed by the laws of the State of Virginia and the exclusive venue and place of jurisdiction shall be in the city and state where the Square Code Fitness facility that you initially joined is located. The terms of this Agreement and the Square Code Fitness Policies that, by their sense and context, are intended to survive termination of this Agreement shall so survive.
Termination:
I understand that I may terminate this Agreement at any time for any reason, but that I will not receive a refund for any unused pre-paid fees at the time of termination, except as required by law or expressly provided in this Agreement or the Square Code Fitness policies. Square Code Fitness may terminate this Agreement at any time for any reason, in which case you will receive a refund of unused pre-paid fees in the event Square Code Fitness terminates the agreement for a reason other than for Cause. “Cause” means that you failed to abide by the terms of this Agreement or the Square Code Fitness Policies or other Square Code Fitness rules, or you engaged in conduct which we believe, in our discretion, was offensive or harmful to other members, visitors, employees or other persons associated with Square Code Fitness.
Term & Renewal:
This Agreement shall remain in effect during the initial Membership Term and all additional Membership Terms unless either party terminates this Agreement in accordance with its terms or provides written notice to the other party that it intends not to renew the Agreement.
STUDIO POLICIES, RULES, AND REGULATIONS
Class Cancellations:
You must unreserve from class at least 6 hours prior to the start of class time. If you cancel after that time, you will lose your class credit and the applicable late cancel fee will be charged to the card on file. You may unreserve from class online, from the app, or by calling the studio directly.
Late Entry:
You must be physically present at the start of class or your reserved space will be forfeited and given to another participant on the waitlist.
Waitlist:
If you are on a waitlist and a spot becomes available you will be automatically booked into class and notified via email. Once you are removed from the waitlist and added to the class, the S:C Cancellation Policy rules apply.
Membership Packages:
Persons who purchase ANY membership package (such as but not limited to Intro THREE, BestLife, Week Unlimited, FIVE, TWENTY, or future promotional programs or membership packages) are subjected to a penalty charge for either a late cancel or N should they not cancel their reservation within the allotted 6-hour window.
Personal Belongings:
You agree that we are in no way responsible for your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
Dress Code:
You are required to arrive with appropriate personal hygiene and in appropriate workout attire (ie; tennis shoes, athletic clothes). No individual will be allowed to participate in inappropriate attire and must be free of excessive perfume or body odor. We reserve the right to determine at our discretion what is and is not appropriate attire and hygiene for class participation.
Membership Refund:
All fees are pre-paid and non-refundable except as described in this agreement, the Square Code Fitness Policies or as required by law. The fees and terms of access for each of our membership levels, are set forth in the Square Code Fitness Policies in force at the time you make any purchases or renew.
Membership Freeze:
Members can put a courtesy freeze on their account for up to 2 months for a per month fee. Members must provide 30 days advance notice to freeze their account. For medical freezes, members are afforded a 1-month complimentary freeze to be extended on a case-by-case basis provided proper documentation.
Retail Refund:
Unused merchandise will be accepted for a full refund within 7 days of purchase. No returns will be provided without a receipt.
Membership Cancellation:
You may cancel your membership with 30 days advanced notice, however, there will be no refunds for any payments made or earned before the expiration of such 30-day period. All membership cancellations must be submitted in writing and emailed to info@squarecodefitness.com. Membership must be in active (not frozen) at the time of cancellation request.
FEES
You acknowledge that Square Code Fitness charges fees for its services, and subject to the applicable law, Square Code Fitness reserves the right to change its fees from time to time in its discretion.
Late Cancel Fee:
You will be charged $14 per late cancel incident if you cancel your class reservation after the 6-hour cancellation window.
No Show Fee:
You will be charged $28 per incident if you do not arrive to class and do not cancel or notify the studio.
Courtesy Freeze:
You will be charged $28/month for up to 2 months to use the courtesy freeze option.
CONTACT
In the event you have any issues or complaints or questions regarding Square Code Fitness’ Services or the facility or your interactions with Square Code Fitness or other members, please contact info@squarecodefitness.com to discuss.
