SculptHouse Studio Terms & Conditions

SCULPTHOUSE MEMBERSHIP AGREEMENT & LIABILITY WAIVER

 

Membership Agreement This Membership Agreement is between SCULPTHOUSE HOLDINGS INC. d/b/a SculptHouse (“SculptHouse”), jointly and severally, and You, the Member. The term of this Agreement is for a period of 1-12 months, depending on your Membership Plan, from the date of your signature on the final page of this Agreement, automatically renewing on a month-to-month basis until cancelled. Either party may cancel this Agreement by notifying the other party of its intention to cancel at least 30 days prior to the proposed date of cancellation.  

 

Purchase of Classes. SculptHouse classes are available on a prepaid basis and must be purchased and prepaid at SculptHouse or through SculptHouse’s website or free mobile app. A valid credit card is required for all accounts. You may purchase classes individually, in packages, or on an unlimited basis at the prices listed on SculptHouse’s website. SculptHouse reserves the right to revise the price of its classes, packages, and unlimited plans at any time. Attendance at SculptHouse classes and use of SculptHouse facilities are subject to the rules and regulations contained in this Agreement. All class sales are final, and they are not eligible for transfer, refund, or exchange under any circumstances. 

 

Classes. You should arrive at least ten (10) minutes prior to the scheduled start time of a class so that the class instructor can provide a brief orientation of the machine. If you have not arrived within five (5) minutes of the class start time, your spot may be given away to a client who is waiting to drop in. Instructors and classes are subject to change without notice. First Timers who are not present at the scheduled class time will not be allowed to take class.

 

Monthly Memberships. A Monthly Membership entitles you to attend 30 classes per 30 days. These classes are subject to the Class Cancellation Policy, and you will be charged $25 for a late cancellation or no-show.

 

Class Cancellation Policy. Classes must be canceled at least 8-12 hours prior to the scheduled start time for the class to avoid penalty, depending on the particular package or membership contract terms. Failure to cancel your reservation 8-12 hours prior to class will result in the forfeiture of the class credit or a $25 charge for memberships.

 

Waitlist. You may register for a Waitlist for a full class by choosing “Yes, add me to the Waitlist.” You will be notified up to 12 hours before the class if you have been added to the class. Registration for a Waitlist is subject to the Class Cancellation Policy. If your plans change, please remove yourself from the waitlist to avoid being added into class. If you are added into class and do not attend, package holders will lose the credit and unlimited members will be charged $25. If a client has not arrived by the start of class, their spot can be forfeited by a waitlist or walk-in client unless they call before the start of class and confirm that they are coming to class, but running late.

 

Reservation of Rights. SculptHouse reserves the right to exclude any person from participation in fitness classes if it determines that the person’s health or physical condition presents an unacceptable risk to SculptHouse or to any person, including any agent or employee of SculptHouse.  

 

Representations and Warranties. By signing this Agreement, you agree, represent, and warrant as follows:  

 

• You are at least 18 years of age, and you have no physical or mental condition that would interfere with your ability to participate in the fitness classes offered by SculptHouse. No health care professional has advised you not to engage in physical activity of the type necessary for fitness classes offered by SculptHouse.  
• You are voluntarily participating in a program of strenuous physical activity, which involves certain risks, including without limitation lightheadedness, fainting, abnormal blood pressure or heart rate, and physical injuries. You assume the known risks of participation in programs of strenuous physical activity, and you release SculptHouse from liability for the occurrence of these known risks, including heart attacks, muscle strains, broken bones, shin splints, back injuries, or muscle soreness, during or after participation in a class.
• You are responsible for seeking medical treatment or advice regarding your participation in classes.
• You agree to pay all sums due for purchase of fitness classes.  
• You are responsible for reviewing the class schedule and abiding by the cancellation policies set forth in this Agreement and any other rules or policies adopted by SculptHouse.  
• You are responsible for notifying SculptHouse of any change of address, telephone number, email address, or physical or medical conditions that may affect your ability to participate in the fitness classes offered by SculptHouse.
• You are responsible for following the instructions of any instructor for fitness classes.
• Any instruction or advice you receive from any agent or employee of SculptHouse does not constitute medical advice.

 

Payment of Fees. SculptHouse will draft any late fees or other fees from your credit card account in accordance with SculptHouse’s policies as set forth herein and as revised and posted on SculptHouse’s website. A $25 administrative charge will be levied to your account for any declined credit card payments. You authorize SculptHouse to draft for any unpaid balances, including returned/rejected fees and late fees. You are responsible for notifying SculptHouse and your bank or credit card company of any error that appears on your bank or credit card statement. For you to receive any reimbursement for charges made in error, SculptHouse must receive written proof or documentation that its charges were in error within sixty (60) days of the charge. You are responsible for payment of any cost incurred by SculptHouse, or its agents or attorneys, to collect any amounts owed under this Agreement.

 

Notifications. Pursuant to the Georgia Fair Business Practices Act and the Texas Deceptive Trade Practices Consumer Protection Act, SculptHouse provides the following notices to you:

 

You have seven business days to cancel this contract. To cancel, please do through our Membership Cancellation Request Form.

 

In the event optional Services are offered, be sure that any options you have not selected are line through or that it is otherwise indicated that you have not selected these options. It is recommended that you send your cancellation notice by registered or certified mail, return receipt requested, in order to prove that you did cancel. If you do hand deliver your cancellation, be sure to get a signed statement from an official of the spa, acknowledging your cancellation.

 

To be effective, your cancellation must be postmarked by midnight, or electronically filled by midnight 30 days prior to termination and must include all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to you.

 

You may cancel this agreement within 30 days from the time you knew or should have known of any substantial change in the Services or programs available at the time you joined. Substantial changes include, but are not limited to, the Services being offered in an environment that changes from being coed to being exclusively for one sex or vice versa. To cancel, send written notice of your cancellation to the address provided in this contract for sending a notice of cancellation. The best way to cancel is by keeping a photocopy and sending the cancellation by registered or certified mail, return receipt requested.

 

If you become totally and permanently disabled during the term of this Agreement, you may cancel this Agreement. SculptHouse is entitled to a reasonable predetermined fee in such event, in addition to an amount equal to the value of the services made available for your use. This amount shall be computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term. SculptHouse shall have the right to require and verify reasonable evidence of total and permanent disability. For purposes of this subsection, “total and permanent disability” means a condition which has existed or will exist for more than 45 days and which will prevent you from using the facility to the same extent as you used it before commencement of the condition.

 

If you have a history of heart disease, you should consult a physician before joining a health spa.

 

If you should die during the membership term or any renewal term, your estate may cancel the contract. SculptHouse will be entitled to a reasonable predetermined fee in such event, in addition to an amount computed by dividing the total cost of your membership by the total number of months of the membership and multiplying the result by the number of months expired in the membership term. Reasonable proof of death may be required under this paragraph.

 

Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event SculptHouse closes and fail to offer you an alternate location to receive Services, substantially similar, within ten miles.

 

I certify that I have read this Membership Agreement in its entirety; that I believe all information contained herein to be true and correct; and that I understand and agree to abide by the terms of this Membership Agreement.