TERMS AND CONDITIONS
TERMS
By signing this contract (electronically or otherwise), enrolling online, and/or attending classes, events, activities, and other programs of WE THE PEOPLE FITNESS STUDIO, LLC whether online or in a facility or using WE THE PEOPLE FITNESS STUDIO, LLC equipment of any kind, you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns (collectively “you” and/or “yourself”), that (a) there are certain inherent risks and dangers in the strenuous nature of the workout program; (b) you have voluntarily chosen to participate in an intense physical exercise program, (c) WE THE PEOPLE FITNESS STUDIO, LLC strongly recommends that you consult with your physician prior to commencing any classes; (d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death; and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages WE THE PEOPLE FITNESS STUDIO, LLC, its reservee's, and members for any injury, harm or loss you may suffer, including death, as a result of participation in any activities at or directed by WE THE PEOPLE FITNESS STUDIO, LLC.
If you are enrolling a minor (15-18) years of age, or older if applicable (in the minor’s state of residence), the above release applies equally to the 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.
Since the terms and conditions of this agreement may change, you should regularly check this posting to ensure you have reviewed and understand its terms and conditions prior to participating in any WE THE PEOPLE FITNESS STUDIO, LLC activity, class, event or program of any kind.
WAIVER OF CLAIMS
By signing this document (electronically or otherwise), enrolling online, and/or attending in person classes, events, activities, and/or other programs and/or entering the WE THE PEOPLE FITNESS STUDIO, LLC facilities and using its equipment of any kind, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members and/or guests in connection with attendance at WE THE PEOPLE FITNESS STUDIO, LLC or as a result of participation in any of WE THE PEOPLE FITNESS STUDIO, LLC classes, activities, events, or programs (“Claims”); and (b) covenant not to sue or otherwise encumber, WE THE PEOPLE FITNESS STUDIO, LLC, its owners, directors, instructors, clients, and employees, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of WE THE PEOPLE FITNESS STUDIO, LLC, its owners, directors, instructors, clients, members, and employees..
GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
If you use the Website, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Website, or communicate with WE THE PEOPLE FITNESS STUDIO, LLC via email, you are communicating electronically. You consent to receive communications from WE THE PEOPLE FITNESS STUDIO, LLC electronically. WE THE PEOPLE FITNESS STUDIO, LLC will communicate with you by email or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures, and other communications that WE THE PEOPLE FITNESS STUDIO, LLC provides electronically satisfy any legal requirement that such communications be in writing.
USER PROVIDED INFORMATION
WE THE PEOPLE FITNESS STUDIO, LLC does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided to WE THE PEOPLE FITNESS STUDIO, LLC. Personal information might be obtained from online transactions such as class/membership purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website. Any personal identification information retrieved by WE THE PEOPLE FITNESS STUDIO, LLC must be voluntarily submitted by the user.
WE THE PEOPLE FITNESS STUDIO, LLC may use the information provided to contact you with important information, required notices, and marketing promotions.
AUTOMATICALLY COLLECTED INFORMATION
The Website collect some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website, which allows WE THE PEOPLE FITNESS STUDIO, LLC to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.
SECURITY STATEMENT
WE THE PEOPLE FITNESS STUDIO, LLC makes every effort to ensure that all of the transactions that occur on the Website is secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
WHAT IS A SECURE CONNECTION?
When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.
Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from // or //. The additional ‘s’ stands for ‘secure’ and indicates a secure connection to the WE THE PEOPLE FITNESS STUDIO, LLC website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as //, then any data exchanged with the website is potentially visible to others.
Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.
COOKIES
A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites – the website that creates a cookie is the only one a browser will permit to access it.
Like many other websites and applications, the Website use cookies to obtain certain types of information. For example, WE THE PEOPLE FITNESS STUDIO, LLC might use cookies to control access to certain features such as your password and account, to customize content areas, or to analyze site activity and user behavior. WE THE PEOPLE FITNESS STUDIO, LLC reserves the right to use cookies in the future in conjunction with new content or expanded functionality.
If you are concerned about the use of cookies, you can explore your web browser’s options to notify you whenever a cookie is set, or to disallow cookies altogether. You should be aware that prohibiting the use of cookies will significantly restrict access to certain types of content or features.
HOW INFORMATION IS USED
The following are examples of how WE THE PEOPLE FITNESS STUDIO, LLC might use the personal information collected through the Website:
* If you purchase a WE THE PEOPLE FITNESS STUDIO, LLC reservation time, package or membership, or purchase WE THE PEOPLE FITNESS STUDIO, LLC retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.
* If you indicate that you are interested in receiving WE THE PEOPLE FITNESS STUDIO, LLC related news and information, you may receive emails to the email address you provided as part of the registration process.
For the non-personally identifiable information collected throughout the Website:
* Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website, the mobile application, and the overall WE THE PEOPLE FITNESS STUDIO, LLC experience.
You can help WE THE PEOPLE FITNESS STUDIO, LLC maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. WE THE PEOPLE FITNESS STUDIO, LLC will never share telephone numbers, email addresses, or any personal data with third parties.
WE THE PEOPLE FITNESS STUDIO, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.
PRIVACY OF MINORS
If you are under 18, you may register and use the Website only with the involvement of a parent or guardian. WE THE PEOPLE FITNESS STUDIO, LLC does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 18. Registration of a minor (ages 15-17) must be completed in person at one of our studios with a parent or guardian. Minors (ages 15-17) who meet the minimum height requirement of 4”11” and who have submitted a Minor New Rider Waiver Form signed by a parent or guardian, may sign up for classes online.
If WE THE PEOPLE FITNESS STUDIO, LLC discovers that a minor without a signed participant/registration waiver has submitted personal information, WE THE PEOPLE FITNESS STUDIO, LLC reserves the right to delete such information. WE THE PEOPLE FITNESS STUDIO, LLC does not seek or share personal information from minors throughout the Website.
RESERVATIONS/CHARGES
In order to make a reservation, you first must purchase or have an active membership or class package on account. To buy an individual reservation, or reservation package, create an account at www.wtpfs.com or login and purchase the desired package.
You should be aware that classes and memberships expire, and future prices are subject to change. We accept MasterCard, Visa, Discover and American Express.
Your credit/debit card will be charged for your order when you submit your reservation. WE THE PEOPLE FITNESS STUDIO, LLC will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. 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 WE THE PEOPLE FITNESS STUDIO, LLC may incur in its efforts to collect any unpaid balances from you.
CANCELLATION POLICY: Cancellations are not permitted. No refunds will be issued.
LINKS/THIRD PARTY WEBSITES
WE THE PEOPLE FITNESS STUDIO, LLC has not reviewed all the sites linked to the Website, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website may contain the WE THE PEOPLE FITNESS STUDIO, LLC logo, please understand that it is independent from WE THE PEOPLE FITNESS STUDIO, LLC, and that WE THE PEOPLE FITNESS STUDIO, LLC has no control over the content of that website.
Going to third party or off-site websites from the Website is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with WE THE PEOPLE FITNESS STUDIO, LLC.
INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of WE THE PEOPLE FITNESS STUDIO, LLC are proprietary to WE THE PEOPLE FITNESS STUDIO, LLC and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, SWE THE PEOPLE FITNESS STUDIO, LLC. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of WE THE PEOPLE FITNESS STUDIO, LLC, is strictly prohibited.
You acknowledge that WE THE PEOPLE FITNESS STUDIO, LLC and/or third party content providers remain the owners of all Website materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. WE THE PEOPLE FITNESS STUDIO, LLC may discontinue or remove the Website, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.
NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of WE THE PEOPLE FITNESS STUDIO, LLC to use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You also may not engage in the mass downloading of files from this Website; use the computer processing power of this Website or purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of WE THE PEOPLE FITNESS STUDIO, LLC material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website in connection with the sale or resale of any WE THE PEOPLE FITNESS STUDIO, LLC products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, WE THE PEOPLE FITNESS STUDIO, LLC material may not be displayed or communicated on any other website, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, User’s permission to use WE THE PEOPLE FITNESS STUDIO, LLC material will automatically terminate and any copies made of WE THE PEOPLE FITNESS STUDIO, LLC material must be immediately destroyed.
Any unauthorized use of WE THE PEOPLE FITNESS STUDIO, LLC material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will WE THE PEOPLE FITNESS STUDIO, LLC be liable for any direct, indirect, special, or other consequential damages resulting from your use of their facilities, the Website, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if WE THE PEOPLE FITNESS STUDIO, LLC expressly advised of the possibility of such damage.
All information is provided by WE THE PEOPLE FITNESS STUDIO, LLC on an “as is” basis only. WE THE PEOPLE FITNESS STUDIO, LLC provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
CHOICE OF LAW
This agreement is governed by the laws of the State of Illinois, without regard to Illinois’s choice of law provisions. Any claim arising out of your use of this Website must be brought in Illinois.
POLICY CHANGES
Occasional changes may be made to this document as new services, programs and/or content to WE THE PEOPLE FITNESS STUDIO, LLC Programs (including but not limited to courses, the Website) to reflect changes in WE THE PEOPLE FITNESS STUDIO, LLC policies. The Terms and Conditions may be revised at any time by updating this posting. By using WE THE PEOPLE FITNESS STUDIO, LLC facilities, the Website, and reserving space, you agree to be bound by any such revisions. Users are encouraged to check this document periodically to stay informed of current privacy guidelines.
JULY 18, 2024