SculptHouse Studio Terms & Conditions & Liability
MEMBERSHIP AGREEMENT
This Membership Agreement (the “Agreement”) is between You, the client, and SculptHouse Holdings, Inc. (“SculptHouse”).
SCULPTHOUSE POLICIES
Classes must be cancelled at least 12-hours prior to the start of the class time; those with a Membership may cancel up to 8-hours prior to class start time. Those with packages will lose a credit; those with a Membership will incur a $25 fee per late cancel or no-show.
New clients must arrive at least 15-minutes prior to their first class for an introduction to the machine and workout, or You will be asked to reschedule your class.
All clients must have a valid credit or debit card saved to their Account for incidental charges.
There is a 10-minute grace period for late arrivals.
The Waitlist will pull clients into class, pending availability, up to the class start time; late-cancel and no-show policies apply.
Grip socks are mandatory on the Megaformers and available for sale at the Studio. Athletic shoes are required on the treadmill.
You may ‘freeze’ your membership twice per year, for a maximum of 60 days total. All freeze requests must be made at least 5-business days prior to the bill date.
I. PURCHASING INFORMATION:
1.1 PACKAGE EXPIRATION: Class packages refer to any purchase of a predetermined allotment of classes to be redeemed in a given time frame by a single person; packages cannot be shared. All packages expire, as described on the sales page, from the date of purchase. There are no extensions, refunds, or freezes for purchases or expired sessions. Remaining credits at the expiration of the package will be forfeited and will not roll-over or be converted into SculptHouse credit. The expiration date set on an expiring package is the date on which the sessions in the package may no longer be used.
1.2 FIRST TIME CLIENTS: Each individual may take advantage of a SculptHouse First Time “Special” once. Individuals may not create multiple accounts to take advantage of the Offer numerous times; those found in violation of the “Special” will immediately lose access to the purchase with no refund, and may be prevented from attending classes at the studio in the future.
As all must save a valid and up-to-date credit or debit card on file in their Account in the event incidental charges, if You do not save a card to file and incur a late-cancel or no-show fee, Your Special will be paused until both a card is added to your Account AND you have paid the fee.
1.3 REFUND POLICY: Due to the extensive time, effort, preparation, and care that goes into creating and/ providing the services, all sales are final, and no refunds, transfers, or exchanges will be provided.
Unless otherwise provided by law, You acknowledge that SculptHouse does not offer refunds for any portion of your payment for any of the services at any time, unless explicitly indicated otherwise at the time of purchase. By agreeing to the terms of this Agreement, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it.
Should You attempt to issue a chargeback with your credit card company, SculptHouse reserves the right to terminate this Agreement and/or decline future purchases and participation with SculptHouse.
1.4 PAYMENT PROCESSOR: Upon your first purchase You will be prompted to create an account (the “Account”) with SculptHouse via third-party hosting platform MarianaTek. Your Account is protected via password and where You will purchase and book classes and securely store credit card information. Payments are also processed by MarianaTek. You must store a valid and up-to-date debit or credit card on file within your Account for: (1) incidental charges such as late-cancel fees, (2) ease of transaction, and/or (3) recurring payments for Memberships on a payment plan. In such an event that an incidental charge needs to be made the cardholder and account holder gives permission to SculptHouse to charge the card on file.
1.5 PICK A SPOT POLICY: You may pick your spot in class when scheduling through the SculptHouse app or website. You may switch stops up to 12-hours prior to the class time by cancelling and rebooking the new spot; be mindful that if You cancel your reservation in the 12-hour window prior to class You will be charged a late-cancel fee / lose class credit. If You would like to switch spots in the 12-hr late cancel window, call the studio no less than 30-minutes prior to class start time. Reservations booked through third-parties such as ClassPass as not eligible to pick their own spot.
II. MEMBERSHIP
2.1 MEMBERSHIPS: SculptHouse offers various “Membership(s)” which refers to a renewing commitment to a certain number of classes or unlimited access per chosen time period (monthly, yearly). Memberships are billed monthly and automatically renew monthly on the same date of Membership purchase. Membership will continue to renew at chosen recurrence until cancelled by You. Failure to timeline cancel will result in an auto-renewal. All Membership pricing is subject to increase upon 30-days written notice.
2.2 AUTO DEBIT: By purchasing a Membership, You expressly agree that SculptHouse is authorized to, on a recurring basis on the same of the day of each month, or year of the membership, automatically charge the debit or credit card account You specified in your Account, subject to communicated increases, for the auto-debit plan You enrolled in. You understand and acknowledge that (1) SculptHouse will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. SculptHouse may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card or payment method on file with accurate billing information. SculptHouse cannot be held responsible for errors in processing due to expired or inaccurate information; and (3) SculptHouse is not responsible for any bank overdraft fees that may occur.
2.3 MEMBERSHIP CANCELLATION: Membership will continue to renew monthly or annually until cancelled in your Account, prior to your next billing cycle. You may also contact the studio directly to cancel your Membership. When You cancel prior to the next billing date, You maintain access to the Membership through the end of your billing cycle. If You do not cancel prior to your billing date You will be automatically billed, with no refund, for the subsequent month and continue to have access until your next billing date, at which point your Membership will be cancelled and You will not be billed further.
2.3.1 Early Membership Termination: Memberships require an initial 3-month commitment upon initial enrollment; or, 3-billing cycles. You may cancel your Membership, per the terms of this Agreement at any point; however, You remain financially responsible for 3 billing cycles and will retain access to the services until the end of the third billing cycle. No partial-month reimbursements will be issued.
Memberships may only be cancelled before the contract expiration when accompanied by a doctor’s note or with proof of a move outside of a 20-mile radius of your home studio.
2.4 MEMBERSHIP FREEZE/PAUSE: You may ‘freeze’ your membership twice per year, for a maximum of 60 days. All freeze requests must be made online through SculptHouse’s request form at least 5-business days prior to the date of requested freeze. Any freeze requests that extend beyond 60 days must be accompanied by a doctor’s note. You understand that your Membership will automatically be unfrozen, and You will be charged on the date provided. If You request to extend the length of your freeze, it is within SculptHouse’s sole discretion to allow for the extension.
2.5 GEORGIA HEALTH CLUB DISCLOSURES: You (the buyer) have seven business days to cancel this contract. To cancel, mail or hand deliver a letter to the following address: SCULPTHOUSE 3167 Peachtree Rd, Suite Q, Atlanta, GA 30305. Do not sign this contract if there are any blank spaces above. In the event optional services are offered, be sure that any options you have not selected are lined 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 or statutory overnight delivery, 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 hand delivered by midnight on the seventh business day from purchase, and must include all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to you.
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 the health spa at which the contract is entered into ceases operation and fails to offer an alternate location, substantially similar, within ten miles
NOTICE: State law requires that we inform you that should you (the buyer) choose to pay for any part of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this health spa ceases to conduct business. Health spas do not post a bond, and there may be no other protections provided to you should you choose to pay in advance.
2.6 Georgia HEALTH CLUB DISCLOSURES: NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES. IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: 3167 Peachtree Rd NE, Suite Q, Atlanta GA 30305
IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY: (A) CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS: 3167 Peachtree Rd NE, Suite Q, Atlanta GA 30305
(B) FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE Georgia SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE Georgia SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE'S INTERNET WEBSITE.
IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: 3167 Peachtree Rd NE, Suite Q, Atlanta GA 30305
III. RESERVATIONS AND CANCELLATION POLICIES
3.1 CANCELLATIONS, RESCHEDULING, LATE-CANCEL POLICY: Classes booked with class credits must be cancelled at least 12-hours prior to the start of the class time. Classes booked with an active Monthly recurring Membership require an 8-hour cancellation notice. Cancellations and reschedules may be done online only via your Account. There are no refunds on timely cancelled classes; your Account will be credited back.
If You do not cancel or reschedule before the cancellation window closes the following charges apply: recurring Memberships will incur a $25 fee per occurrence, package holders will lose a credit per occurrence.
Personal Training sessions are subject to a 12-hour late-cancellation window; late cancellations result in a forfeit of session credit.
Cancellations via texting, emailing, Facebook messenger, Instagram, and other social media platforms are not valid forms of cancellation, and You will be charged if the booked session or class is not properly cancelled outside the cancellation window.
In the event of an emergency on their part, SculptHouse reserves the right to move your class to another mutually agreeable time, or to cancel it outright. In this rare instance that SculptHouse must do so, You will not be charged for the changed session/class, and Your session will be promptly rescheduled.
3.2 LATE ARRIVALS: Any reservation not checked in at the start of class may be released to another client. If You are running behind, You must call or text the Studio to hold Your spot for up to ten (10) minutes so long as another client isn't waiting on standby. If You do not call and a client is waiting from the waitlist or on standby, your spot will be forfeited as soon as class begins. Clients more than ten (10) minutes late who are allowed to enter class late, will have to wait until the mid-class break to go into the class to avoid disrupting the other participants.
3.2.1 First Time Clients: All new clients must arrive at least 15-minutes early or your class will be rescheduled. You must receive an overview of the method and machine prior to your first class. SculptHouse cannot accommodate first time clients who are pregnant in their third trimester.
3.3 WAITLIST: If a scheduled class is booked to capacity, You may place yourself on the “Waitlist” for that class. If You add yourself to a Waitlist, You are responsible for managing your booking and any cancellation, as needed. Members will automatically be pulled from the Waitlist into class up to the class start time. If You are pulled off the Waitlist and into class during the late-cancel window and need to cancel, You are subject to the late cancellation policy and fees.
IV. STUDIO POLICIES
4.1 INSTRUCTOR CHANGES: Instructors are subject to change and classes are subject to cancellation without notice. When possible, an email will be sent communicating the change in the schedule. Subject to any opt-in, You consent to receive notice from SculptHouse pertaining to a class or session which You are registered for. SculptHouse is not responsible if You do not read the notices, or if you unsubscribe and do not receive the notifications.
4.2 STUDIO GUESTS: For health and safety protocols - unattended children and pets are not permitted in the studio.
4.3 MINOR PARTICIPANTS: In the event a client brings their minor child to a class, 16-years or older, You, the parent or legal guardian agree to assume full responsibility for the minor participant, per the terms of this Agreement and the Liability Waiver. You additionally agree that if the minor needs to leave class for any reason, that You must also leave class as they cannot be unattended in the studio.
4.4 PREGNANCY POLICIES: Please consult with your healthcare provider prior to taking a class and obtain their consent. You are asked to communicate with your instructor prior to class if You are pre/postnatal or have injuries so that they can instruct You on specific modifications. While the workout can be performed while pregnant, be mindful that the method is core focused and will require extensive modifications to maintain safety; if You chose to attend class You agree that your class experience may be different than others. As You will need to modify your workout while pregnant, SculptHouse respectfully requires that You have regularly attended class prior to working out with us in your third trimester.
4.5 LEAVING CLASS EARLY: If You anticipate needing to leave class early, inform your instructor ahead of time so they can assign You a spot to limit disruption during your early departure.
4.6 CELL PHONES AND PERSONAL ITEMS: Cell phones are NOT permitted in the studio during class, and under no circumstances may they be used while on the machines. All personal items should be left outside the studio, out of walkways, and stored securely in a locker.
Glass water bottles are not permitted in the studio due to the risk of breaking and causing a dangerous studio environment.
4.7 WORKOUT ATTIRE, GRIP SOCKS, ATHLETIC SHOES: All clients are asked to wear workout gear to the session and classes. No jeans or attire with metal accessories or large zippers are allowed on the equipment.
For your safety, and to protect the integrity of the equipment: (a) ALL clients are required to wear grip socks during their Megaformer class. You must provide your own, and if You forget socks, You may purchase a pair at the studio; and (b) all clients are required to wear athletic shoes in VersaClimber class, or may not take class.
4.8 RETAIL SALES, GIFT CARDS: All studio retail purchases are final sale, notwithstanding state law. Gift card sales are also final; however, per state law gift cards do not expire. SculptHouse is not responsible for lost or stolen gift cards and will not replace lost or stolen gift cards.
4.9 CODE OF CONDUCT: SculptHouse is committed to providing an environment that is free from disrespectful and offensive behavior, and that is safe space for all individuals. Accordingly, harassment, inappropriate, or discriminatory behavior by clients, and/or continued disruptive or incendiary behavior, as determined in the sole discretion of SculptHouse, will not be tolerated. SculptHouse has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of a training relationship without refund to any client engaging in unacceptable behavior.
4.10 CONTENT RELEASE: You grant SculptHouse, its representatives, employees, agents and/or assigns the right to take digital recordation of You and your property while engaging with and/or interacting with SculptHouse and/or participating in a Service with SculptHouse, and to use and publish these photos or videos in print and/or electronically.
By agreeing to be filmed, photographed, and/or otherwise documented by SculptHouse, You, on behalf of yourself, heirs, representatives, executors, and assigns, irrevocably grant SculptHouse the absolute and unrestricted right and permission throughout the universe and forever to copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit by any and all uses such content, with or without my name, without compensation, for any lawful purpose, including but not limited to: publicity, illustration, advertising, and web content. You further agree that SculptHouse is the lawful owner of all digital files, and accordingly, waive any right that You may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein your likeness appears, or the use of which may be applied.
4.11 SECURITY CAMERA: SculptHouse utilizes video surveillance cameras within the studio for the safety and wellbeing of all members, guests, and trainers. In compliance with state laws, cameras are located in common areas where there is no reasonable expectation of privacy, and records video and audio. While the camera’s main purpose is to provide an added level of security, ownership may from time-to-time observe club happenings and events via the camera stream.
4.12 GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, and notwithstanding state-specific laws pertaining to Membership terms, this Agreement is governed by the Laws of the State of Georgia, United States, and You hereby consent to the exclusive jurisdiction and venue of courts in Atlanta County, Georgia, United States. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Georgia, Atlanta County, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of Georgia, Atlanta County.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
4.13 FORCE MAJEURE: In the event that any cause beyond one’s reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for SculptHouse to perform any responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, SculptHouse is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill the responsibilities and obligations.
4.14 EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from SculptHouse related to the services provided, the SculptHouse brand, and your participation in all of the above. By entering into this Agreement, You give SculptHouse permission to email You, at the email address on file, regarding the same.
V. PERSONAL RESPONSIBILITY, DISCLAIMER & RELEASE OF CLAIMS
5.1 PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK: You acknowledge that You take full responsibility for yourself, and all decisions made before, during and after your participation in the workout with SculptHouse. You accept full responsibility for your choices, actions, and results before, during and after the workout. You understand that to participate in the workout with SculptHouse You must also agree to the terms of the Liability Waiver, signed separately.
If You have a history of heart disease, You should contact a physician prior to joining a health club.
If a participant is under 18 years old, a parent, guardian, or other legal representative on behalf of the participant must agree to these terms. You understand that by signing this Agreement and allowing their participation in the workout and Services with SculptHouse, You are releasing, indemnifying, and holding SculptHouse harmless in all ways, the same as if You were a participant, as described above.
You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release SculptHouse, in its individual capacity and legal capacity, and each of SculptHouse companies’ principles, shareholders, officers, directors, employees, agents, successors, beneficiaries and assigns from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that You ever had, now have or may have against SculptHouse in the future that may arise from your participation in the workout.
5.2 NOISE DISCLAIMERS: You acknowledge and understand that loud music, instructor cues given over a microphone, and participant engagement may contribute to elevated noise levels. While we strive to maintain a safe and enjoyable environment, noise levels may exceed standard conversation levels.
If You have sensitivity to loud noises or any medical conditions that may be affected by high sound levels, we recommend bringing appropriate protective equipment (such as earplugs) or consulting a healthcare professional before participating. We also provide earplugs at the front desk.
5.3 PRENATAL, PREGNANT, POSTPARTUM DISCLAIMER: In participating in any service with SculptHouse pregnant or immediately following a pregnancy, whether knowing or not, You assume all associated risks to yourself, and if applicable, your unborn child and release SculptHouse per the terms of this Agreement and section. You acknowledge and agree that participation in any exercise program, while pregnant or immediately following a pregnancy, may increase the risk of injury to yourself, and if applicable, your unborn child. You confirm that You have consulted with your doctor, midwife, or other healthcare provider, regarding your participation in an exercise regimen and the risks that You may encounter; they have given You permission to participate in a Service.
You understand and agree that the intensity of your participation in an exercise program, and the exercises performed, must be determined by You, in consultation with your healthcare provider. Even during any workout series tailored to pregnancy or postpartum, SculptHouse is not responsible for the intensity or scale or your participation. You agree to discontinue exercises immediately should your medical condition change (ex: pain, bleeding, discharge, cramps) and speak with your healthcare provider immediately before resuming any exercise.
