Terms of Service & Liability Waiver

Liability Waiver

Client acknowledgment and assumption of risk and full release from liability of Strive Fit Club. Client acknowledges these physical activities involves the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heart prostration, knee/lower back/foot injuries and any other illness, soreness, or injury however caused, occurring during or after client’s participation in the physical activities. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, overexertion of a client, slip and fall by client, or an unknown health problem of client. Client agrees to assume all risk and responsibility involved with participation in the physical activities, client affirms that client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. Client acknowledges participation will be physically and mentally challenging, and client agrees that it is the responsibility of client to seek competent medical or other professional advice, regarding any concerns or questions involved with the ability of client to take part in Strive Fit Club physical activities. By signing this agreement, client asserts that he or she is capable of participating in the physical activities. Client agrees to assume all risk and responsibility for not exceeding his or her physical limits.

Terms of Service

The following terms and conditions of use (the "Terms of Use") govern your use of www.strivefitclub.com (the "Site") which is made available by Strive Fit Club ("we", “us” or “our”). By using the Site, you accept and agree to these Terms of Use governing your use of the Site. If you do not agree to these Terms of Use, you may not use the Site. We may change the Terms of Use from time to time, and at any time without notice to you, by posting such changes on the Site. By using the Site following any modifications to the Terms of Use, you agree to be bound by any such modifications to the Terms of Use. In addition, please be advised that information collected on this Site may be used to populate the program application(s) that we use for our programs.

Our Service

On www.strivefitclub.com, we provide information and promotional materials for our fitness brand, including general industry news, as well as a designated area for you to contact us about our products and services.

Class Cancellation Policy

If you need to cancel a reservation please be sure it is 8 hours in advance! We really appreciate this consideration especially as the studio’s membership base grows and each class is in great demand. Should you reserve a space in a class and fail to cancel 8 hours in advance, you will be charged for such class.

Unlimited membership holders that cancel within the 8-hour window will be charged a $10 late cancel fee. No shows will be charged $20.
Limited membership or class pack holders that cancel within the 8-hour window will result in a loss of the class.

Accessing Our Site

Currently, you must be at least fifteen (15) years of age or older and live in the United States in order to use the Site. if between the ages of 15 and 18, your parent or guardian has consented to the Terms of Service and your use of the Services. If you are under the age of 15, you are hereby expressly notified that you are not permitted to provide any information through our Site, for any purpose, including seeking information about our fitness brand and opportunities. We are not responsible for monitoring or seeking verification of user qualification or age. However, if we discover that a user is accessing the Site in violation of these Terms of Use, we may immediately take action to terminate such access if possible. We are sorry for any inconvenience this may cause.

Accessing The Services And Account Security

To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.

By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Service. By using the Services, you represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or guardian has consented to the Terms of Service and your use of the Services.

From time to time, we may restrict access to some or all parts of the Services, including studio classes, the Site, and App(s).

In order to access some Services available on the Site and App(s), you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.

Exclusive Ownership Rights

We solely own and control all copyright and intellectual property rights on our Site or have received the permission to use them from other third parties. We do not grant or imply any ownership of the Site to you. You may view the content on the Site on your personal computer or other internet device, and make copies or prints of the content on the Site for your personal, non-commercial use only. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trade names, trademarks, service marks or other marks or logos, or those of our partners, without our separate express written agreement. Third-party marks are the property of their respective owners.

Use of the Site

During your use of the Site, you may be asked to provide personal information or data to us in order to receive newsletters or other information about our products and services to assist you with your needs. Our information collection and use policies with respect to the privacy of personal information are set forth in the Site's Privacy Policy which is incorporated herein by reference. Please read our Privacy Policy before submitting any personal information. You acknowledge and agree that you are solely responsible for the accuracy and content of all personal information and any other data you submit. We cannot be responsible for maintaining any information that you provide to us, and we may delete or destroy any such information at any time.

Use of the Site for the any following purposes or activities is strictly prohibited: a) conducting or supporting illegal activity of any type whatsoever; b) transmitting or storing worms or viruses or any code of a destructive nature; c) threatening, harassing, abusing, impersonating, injuring or intimidating others; d) interfering with others' use of the Site, unless such interference is for the purpose of complying with another section of these Terms of Use; e) delivering spam or collecting information to deliver spam, or sending unsolicited email advertisements; f) decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in the Site; g) disguising the origin of any content transmitted through the Site or manipulating your presence on the Site; and/or h) causing the launch of any automated system(s) that accesses the Site in a manner that sends more request messages to servers of the Site in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.

User Accounts

We may enable you to establish an account on the Site with a user name and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

Disclaimer of Warranties

All content, materials and services provided on this Site, without limitation, are given on an "as is” and "as available" basis, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data processing services, uninterrupted access, or any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We hereby disclaim any and all such warranties, express and implied. We do not warrant that the Site or the services, content, functions or materials contained therein will be timely or secure or continue uninterrupted or error-free or that defects will be corrected. We make no warranty that the Site will meet users' requirements. If you should be dissatisfied with the Site, your sole remedy is to discontinue use. You should not rely on the Site to maintain any user data. You should retain all such data and information in your own records for use in the event that the Site fails or is unavailable, or the data or information is lost.

Limitation of Liability

To the fullest extent permissible under applicable law, in no event shall we or any of our directors, officers, or employees, or those of our agents, affiliates, or content or service providers (hereinafter associated entities) be liable for damages of any kind whatsoever including, but not limited to, direct, indirect, special, incidental, consequential, exemplary or punitive arising from, or directly or indirectly related to, your use of or inability to use this Site or its content, materials and functions. Without limitation, no liability shall arise from any loss of revenue or anticipated profits or lost business or lost sales, even if we and/or our associated entities are advised of the possibility of such damages. Some jurisdictions do not allow the exclusions of certain implied warranties, so some of the above exclusions may not apply to you. In such case, the maximum liability of us shall not exceed the amount paid by you for access to this Site. In no event shall we or our associated entities be liable for any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site.

Links from our Site

Our Site contains links to other third-party websites maintained and operated by persons and/or companies outside of Strive Fit Club. We provide these links for your assistance and information. The existence of a linked website does not constitute an endorsement by us of the website or its content, products, services, advertising or other materials.

You understand and agree that we are not responsible or liable, directly or indirectly, for the availability or content of any linked website - or for any of the goods, services, or advertising available from these sites.

Applicable Laws

We control and operate this Site from our offices in the United States of America. We are not licensed outside of the United States, and we are not soliciting business outside of the United States. We do not represent that materials on the Site are appropriate or available for use in other nations or other locations. Persons who choose to access this Site from other locations do so on their own initiative and are responsible for all aspects of compliance with local laws. These Terms of Use, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Indiana, without giving effect to the State of Indiana's conflict of laws principles. You agree that any use of action that may arise under our Terms of Use shall commence and be heard in the appropriate court in the State of Indiana. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Indiana. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court to be unlawful, void or unenforceable, it shall not affect the validity and enforceability of any remaining provisions. We may modify these Terms of Use at any time, simply by updating and posting these Terms of Use on the Site and without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

Governing Law; Venue; Fees

The Site is governed exclusively by the laws of the State of Indiana, without regard to conflict-of-law provisions. In any related action, state and federal courts in Columbia City, Indiana shall be the sole and exclusive venue, and by using it, you expressly and irrevocably consent and submit to the jurisdiction of such courts, and that such venue is convenient. The prevailing party (on the main issue(s)) is entitled to recover its costs and expenses, including reasonable attorneys’ and expert witness fees, whether an action was commenced or not. A party shall not be deemed to have prevailed merely because a covenant herein is blue-penciled to such party’s disadvantage.

Membership Agreement

When signing up for a membership, the Client must agree to the following terms:

Automatic Payment Authorization

Client hereby authorizes Strive Fit Club to charge my credit card, debit card or checking account on a scheduled basis in the amount corresponding to my selected program until I cancel pursuant to the terms of the cancellation policy. I understand that if I choose not to continue, I will send my notice of cancellation via email to support@strivefitclub.com and this will serve as my receipt of cancellation. For billing questions, please email support@strivefitclub.com.

Cancellation Policy

Client must give notice of cancellation via e-mail to support@strivefitclub.com at least thirty (30) days prior to the scheduled monthly debit date. Cancellation requests received after this deadline will be charged in full for the next month’s services. Please note, even if Client notifies instructor, Client is still required to send an e-mail to support@strivefitclub.com to cancel this Agreement. Such e-mail will serve as Client’s cancellation receipt. All programs will automatically continue on a month-to-month basis and will be considered active until such program has been cancelled as provided in this cancellation policy. If by reason of death or disability, Client is unable to receive all Strive Fit Club services for which Client has contracted, Client and Client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability, and if Client has prepaid any sum for services, so much of such sum as is allocable to services Client has not taken shall be refunded. Strive Fit Club reserves the right to request documentation as to the death or disability.

Membership Changes

Client may upgrade their membership at any time. The membership may be prorated to the higher level of service and become active for use immediately. Client must give at least thirty (30) days notice to downgrade membership. All services paid for will remain active until the end of the client's current billing cycle.

Membership Hold
If Client is a member and due to medical necessity needs to hold their membership until recovery, this hold can be requested for 30 to 60 days. Please visit the front desk to receive a membership hold form. Strive Fit Club reserves the right to request documentation as to the medical limitations. disability, or other requested hold reasons. Granting or denying membership holds is within the sole discretion of Strive Fit Club.

General Photography Release

Client consents to and releases hereby authorize Strive Fit Club to publish photographs taken of me, and my name and likeness, for use in Strive Fit Club’ print, online and video based marketing materials, as well as other company publications. I hereby release and hold harmless Strive Fit Club from any unreasonable expectation of privacy or confidentiality associated with the images specified above. I further acknowledge that my participation is voluntary and that I will not receive financial compensation of any type associated with the taking or publication of these photographs or participation and company marketing materials or other company publications. I acknowledge and agree that publication of said photos confers no rights of ownerships of royalties whatsoever. I hereby release Strive Fit Club, its contractors, its employees, and any third-parties involved in the creation or publication of marketing materials, from liability or any claims by me or any third-party in connection with my participation.

Guarantee Policy

30 Day Hassle-Free Money Back Guarantee

If, for any reason whatsoever, Client is not completely satisfied with the services provided within the first 30 days following the date signed below, simply let Strive Fit Club know via e-mail at support@strivefitclub.com that you would like to cancel your program and we will issue you a full refund. After the initial 30-day period, all prepaid payments are final and non-refundable, except as provided for in the cancellation policy.

Client’s Default

Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of this Agreement and the terms, conditions and policies of Strive Fit Club facilities, including, but not limited to, the obligation to make any payment as and when due. Upon default, Strive Fit Club shall have all rights and remedies available to it, including termination of this Agreement and institution of an action for all applicable damages arising out of such default. If Strive Fit Club delays or refrains from exercising any rights under this Agreement, Strive Fit Club does not waive or lose those rights. If Strive Fit Club accepts late or partial payments from Client, Strive Fit Club does not waive the right to receive full and timely payments and other charges due under this Agreement.

Client Consent

Client consents to and releases each of Strive Fit Club and its parent company, Deckard Enterprise LLC, from any liability resulting from Strive Fit Club and/or Deckard Enterprise LLC use of Client’s name and likeness in Strive Fit Club and/or Deckard Enterprise LLC advertising, promotional and marketing materials, client lists, Web Site, and/or other public relations documents.

Arbitration and Attorney’s Fees

Any controversy between the parties arising out of this Agreement shall be submitted to JAMS for binding arbitration in Columbia City, Indiana. The costs of the arbitration, including any JAMS administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. In the event that any dispute between the parties should result in arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys’ fees and expenses, all of which shall be deemed to have accrued upon the commencement of such action or arbitration and shall be paid whether or not such action is prosecuted to judgment. For purposes hereof, “prevailing party” shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise. Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorney fees and costs incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate of interest allowed by law.

Enforceability

The undersigned parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. Further, if any such provision or portion of a provision may be reduced, and/or narrowed in scope, such provision or portion of a provision shall be reduced or narrowed and so enforced. Client specifically waives any right of any type, which would invalidate the enforceability of any provision or portion of this Agreement.

Successors and Assigns; Governing Law

Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of Client. This Agreement shall be governed and enforced in accordance with the laws of Indiana.

Last Updated: March 2022