Terms and Conditions - CrossFit Little Creek
I. Application of These Terms And Conditions
This website is operated by East Beach Fitness LLC which includes CrossFit Little Creek and subsidiaries of CrossFit Little Creek. ("CFLC", "we", "us", or "our"). These terms and conditions ("Terms") govern your relationship with CrossFit Little Creek, including, but not limited to, your use of the CrossFit Little Creek Website www.crossfitlittlecreek.com (the "Website") and the CrossFit Little Creek Wodify Mobile Application (the "App"), your purchase of CFLC classes, your rights to cancel your purchase of CFLC classes, your registration for classes, your purchase of merchandise, your communication with CFLC, and your use of and attendance at CFLC's facilities. CFLC's classes include offerings in and out of our locations. We are excited to continue bringing CrossFit to athletes and community members!
II. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
A. Informal Dispute Resolution
At CFLC, we believe every class, athlete, and community member matters. Our goal is to do our best to ensure that every experience with CFLC will exceed your expectations. If that doesn't happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at email@example.com or write to us at CrossFit Little Creek, 9567 Shore DRive, Norfolk, Virginia, 23518, Attention: ATHLETESMATTER. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.
B. Arbitration Agreement
By accepting the Terms, you and CFLC agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement ("Arbitration Agreement"). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association ("AAA"), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if CFLC initiates arbitration, it shall have the choice as between these two arbitration forums.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
C. Class Action Waiver
You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving CFLC or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against CFLC. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If this class action waiver ("Class Action Waiver") clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
D. Definition of Dispute
Except as described below, the term "Dispute" in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and CFLC regarding any aspect of your relationship with CFLC, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.
Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.
Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
E. How Will the Arbitration Work?
Either you or CFLC may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
If you or CFLC initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
As set forth in the section of these Terms regarding Choice of Law, the arbitrator shall apply Virginia law.
If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, CFLC will pay all arbitrator's costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
F. Where Will the Arbitration Be Held?
You can bring the arbitration in either Virginia or in the state where you live if there is a JAMS or AAA in that state. In the event that CFLC initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case CFLC may initiate the arbitration in Virginia.
III. Use of the Site by Minors
If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. CFLC does not accept the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18. Registration of a minor is permitted for CrossFit classes only, and must be completed in person with a parent or guardian. Minors who are at least 5 years of age who have submitted a Minor New Athlete Waiver Form signed by a parent or guardian, may sign up for CrossFit classes online.
In order to make a reservation, you must first buy a single class, a series of classes, a membership or a trial session. To buy a single class, a series of classes, a membership online, you can either sign up here https://www.crossfitlittlecreek.com/memberships/ or if you are already registered, utilize the CFLC Wodify App.
Classes do expire. The expiration dates are posted in the description of the class or series of classes on the Website and the App. If, however, you get jammed up and cannot register in time, just give us a call, stop by the gym, or e-mail us and we can help you.
Future class prices are subject to change, but CFLC will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made in gym. You can reserve classes online up to 1 week in advance (Monday at noon through the following Monday), but not later than 1 hour prior to class time.
Your credit/debit card will be charged for your order when you buy your class or series of classes, not when you sign-in to class. CFLC will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. 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 CFLC may incur in its efforts to collect any unpaid balances from you.
V. CONSUMERS' RIGHT TO CANCELLATION
You have the right to cancel your purchase of CFLC classes. Your right to do so may vary depending on the applicable laws of each state in which CFLC operates studios. In general, you may cancel your purchase of one class or a class series at any time before midnight of the third business day after the date of your purchase, excluding Sundays and holidays. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to firstname.lastname@example.org or CrossFit Little Creek, 9567 Shore Drive, Norfolk, Virginia 23518 Attention: ATHLETESMATTER.
CFLC will refund the purchase price of your unused classes or prorated term membership within ten days after we receive your notice of cancellation. Athletes and community members shall have the option to receive the refund either to the original method of payment or CFLC store credit.
VI. ADDITIONAL RIGHTS TO CANCELLATION
You or your representative may also cancel your purchase of a class, membership or series of classes for any of the reasons listed below. To do so, you must give us written notice, by e-mail or certified or registered mail to email@example.com or CrossFit Little Creek, 9567 Shore Drive, Norfolk, Virginia 23518 Attention: ATHLETESMATTER.
You may cancel your contract in any of the following circumstances.
If you become disabled and, as a result, cannot physically participate in a class you have purchased for over 30 days, and your condition is verified by a doctor, CFLC will refund you the purchase price of your unused class or classes.
If you die, CFLC will refund your representative the purchase price of your unused class, membership or series of classes.
If you move your residence more than 25 miles from a CFLC studio location, you may cancel your purchase and CFLC will refund the purchase price of your unused class, membership or series of classes. You may be charged a $50 early cancellation fee.
If CFLC stops offering classes, you may cancel your purchase.
VII. Cancellation Policy for Reservations
In order to cancel a reservation in a CFLC class and return it to your account, you must unreserve by 5 PM the night prior to the class. Once your reservation is cancelled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven't cancelled by 5 PM the night before, your scheduled class will be charged to your account.
You can cancel your reservation in the following ways:
Log into your account on the CFLC Wodify Website or the App, and, next to your profile card in the class you wish to cancel, press "X" and confirm you wish to remove your check-in.
Call the gym to cancel the class for you.
Please note, in fairness to all our customers, EQUIPMENT AND SPOTS WILL BE RELEASED 4 MINUTES BEFORE CLASS BEGINS.
FOR ATHLETES AND COMMUNITY MEMBERS RUNNING LATE: We ask that you call the gym to let us know you are on the way. The front desk will hold a reservation for up to 10 minutes after class begins, though we cannot guarantee you will be given the spot you signed up for if a class is at capacity. Athletes and community members who are more than 10 minutes late will not be admitted into class as it is too disruptive.
FOR ATHLETES AND COMMUNITY MEMBERS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.
IIX. Types Class Formats Offered at CrossFit Little Creek
CFLC offers the following classes at its discretion, some of which are offered only periodically while others are offered on a recurring basis:
CrossFit: The original CrossFit party! Our signature 60-minute full-body high intensity workout includes cardio, strength, mobilization, and power building movements and exercises. Taught by our professionally trained coaches, CrossFit is transformative, meaningful and a FUN fitness experience.
Open Gym: It's amazing what an extra 15-30 minutes can do. The perfect time to complete competitor and accessory training, or just have a cup of coffee and enjoy the community.
Community Workouts: Come take a class on us and cheer on our local community's rockstars! Sign-up on location, no membership required!
Kickstart: Ever wanted to really know what a Clean is? Kickstart is 12 60-minute basics classes that are not just for beginners. Get hands-on tips from coaches, a break down of classic movements plus that signature CFLC sweat. The result? You'll refine your movement patterns and be ready to take your workouts to the next level. Arrive 15-minutes early for sign-in.
Activate: Been WOD'ing with CFLC for a while? Ready to take it to the next level? Activate is a 60-minute mobility and flexibility class designed to aid increasing range of motion, assist with maintaining proper bio-mechanics, and improve efficient movement patterns during workouts. Activate creates a new way to prepare and heal your body... and your mind.
IX. Waiver and Release
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the "Classes and Facilities") of CFLC and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in Weight training, CrossFit, indoor cycling and exercise equipment in association with the Classes and use of the Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
You have read and thoroughly understand the Equipment Safety Instructions as applicable, of which a hard copy can provided to you by CFLC staff. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff.
If in the subjective opinion of the CFLC staff, you would be at physical risk using CFLC's Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish CFLC with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing CFLC's concerns and stating that CFLC's concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless CFLC, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of CFLC's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using CFLC's Classes and Facilities, and should not be participating in any Classes.
X. Links/Third Party Websites
CFLC has not reviewed all the sites linked to the Website and/or App, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the CFLC logos (to include Wodify products), please understand that it is independent from CFLC, and that CFLC has no control over the content of that website and/or app. Going to third party or off-site websites from the Website and/or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with CFLC.
XI. Intellectual Property Rights
The trademarks and trade dress of CrossFit and CrossFit Little Creek are proprietary to CrossFit and CFLC and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, CFLC. You have the right to view, electronically copy, and print in hard copy portions of the Website and App 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 CFLC, is strictly prohibited.
You acknowledge that CFLC and/or third party content providers remain the owners of all Website and App 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. CFLC may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time without affect on standing memberships or session packages.
XII. Not Authorized to Perform Data Mining
You are not authorized without the prior written permission of CFLC 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 and/or App or accessed through this Website and/or App. You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App for 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.
XIII. 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 CFLC's 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 and/or App in connection with the sale or resale of any CFLC products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, CFLC's material may not be displayed or communicated on any other website and/or app, 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 CFLC's material will automatically terminate and any copies made of CFLC's material must be immediately destroyed.
Any unauthorized use of CFLC's material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
XIV. Warranty Disclaimer and Limitation of Liability
In no event will CFLC be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, your purchase of CFLC classes, your rights to cancel your purchase of CFLC classes, your registration for classes, your purchase of merchandise, your communication with CFLC, and your use of and attendance at CFLC's facility, 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 CFLC expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by CFLC on an "as is" basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. CFLC provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
XV. Choice of Law
The Terms are governed by the laws of the Commonwealth of Virginia, without regard to Virginia's choice of law provisions. Except as provided above as to those Disputes you or CFLC submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in Virginia.
XVI. Acceptance of Terms
By using the Website or App, purchasing a CFLC class, registering for a CFLC class, booking a trial, purchasing merchandise, and/or using or attending a CFLC class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website or App, purchasing a CFLC class, registering for a CFLC class, booking a trial, purchasing merchandise, and/or using or attending a CFLC class.
Occasional changes may be made to this document to reflect changes in CFLC's policies. The Terms may be revised at any time by updating this posting. By using the Website or App, by buying CFLC classes, registering for classes, booking trials, buying merchandise, and/or using and attending CFLC's facilities, you agree to be bound by any such revisions. Athletes and community members are encouraged to check this document periodically to stay informed of current guidelines.
XVII. Contact Us
If you have any questions about these Terms you can reach us at firstname.lastname@example.org.
EFFECTIVE DATE August 1st, 2018