Polarity Fitness Student Terms & Conditions
Polarity classes, instruction and other activities are available to individuals in different forms, including at Polarity studios, through Polarity Fitness Yoga online programs and channels (such as Polarity Fitness Live, YouTube, and Yoga on Demand), and at in-person and virtual events and activities organized by Polarity Fitness. Not all participants in Polarity Fitness or Polarity activities need to be members of Polarity Fitness; however, participants in specific Polarity Fitness programs and activities agree to the additional terms and conditions of those programs and activities, certain of which are set forth below in these Student Terms and Conditions, and others are described in the class description and/or at the location of those specific programs and activities.
All participants in Polarity programs and activities agree to the Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement below. Additionally, in connection with the reopening of Polarity Fitness studios and the ongoing COVID-19 situation, participants using Polarity Fitness studios agree to the COVID-19 Terms and Conditions described below.
In consideration of, and as an inducement and condition to, Polarity Fitness, LLC and its designees, including, without limitation, its affiliates, allowing you to participate in yoga classes, pole classes, instruction, exercises, and other programs, events and activities conducted or organized by or through Polarity Fitness and/or Polarity, whether in-studio, in person, online, live, recorded or otherwise (collectively, with all related activities, the “Activities”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree to these Student Terms and Conditions (these “Student Terms”).
Your participation in any Activities by Polarity Fitness and/or Polarity programs indicates your acceptance of and agreement to all of these Student Terms as in effect from time to time, including, without limitation the Arbitration Provision below, and any changes or updates to or replacements of these Student Terms.
We may change, update, terminate and replace these Student Terms, programs, benefits and Activities from time to time, in whole or in part, at any time, and without notice or compensation, even though such actions may affect the programs, benefits and Activities or your participation in such programs, benefits and Activities. We may provide information regarding such matters by electronic means, including posting these materials online at: https://www.polarityannarbor.com/studenttermsandconditions.html. Consult the then-current Student Terms for terms and conditions of membership and participation. It is your responsibility to review the the current Student Terms. See “Changes” below.
I. Account; Rules and Directions
To participate in Activities, you must have the appropriate Polarity Fitness and/or Polarity Mindbody account. If you do not have a membership account, create an account at wwww.polarityannarbor.com. By participating in Polarity Fitness and/or Polarity Activities you agree to observe all rules and directions of Polarity Fitness and/or Polarity and the locations (in-studio, in person, online or otherwise) at which any Activities take place.
II. Class Reservations; Walk-Ins
Any use of Polarity Fitness and/or Polarity studio will require an advance reservation, which may be made at www.polarityannarbor.com, or on the MINDBODY app. Studio reservations are subject to the terms and conditions of a reservation (including reservation, cancellation, credit, and refund conditions and policies). To make a reservation you must have an available paid class in your account.
At this time there is no walk-in use of the Polarity Fitness and/or Polarity studios. As walk-in use become available, we will provide information regarding such use by such methods as we determine.
III. COVID-19 Terms and Conditions
In addition to and as a part of the Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement below: I understand that the COVID-19 (novel coronavirus) pandemic is an ongoing public health situation. I understand that COVID-19 (including variations and mutations) is a highly communicable virus that can cause, among other conditions, severe respiratory illness, sometimes leading to death, in individuals who contract it. I will not attend in-studio or any other in-person Activities conducted or organized by or through Polarity Fitness if I am exhibiting symptoms of COVID-19 (which can include, without limitation, fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell), or if I have been exposed to a third party who has exhibited COVID-19 symptoms in the 14 days preceding my participation in the Activities. I understand and expressly agree that my use of Polarity Fitness and/or Polarity studio or participation in any other in-person Activities conducted or organized by or through Polarity Fitness involves the risk that I could contract COVID-19 notwithstanding the mitigation measures in place by Polarity Fitness. I understand that these risks are inherent to my use of the facilities or participation in such Activities and can range from mild symptoms to major illness, including death. I further understand and voluntarily accept full responsibility on my behalf for the risk of contracting COVID-19.
IV. Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement
I fully understand that participation in the Activities includes, without limitation, strenuous physical and mental activities and exercises, participating in the Activities with other participants, contact with unidentified and unfamiliar persons, participating in the Activities in new and unfamiliar places and manners, exposure to risks in the areas in which the Activities are conducted, and exposure to communicable diseases (including COVID-19 risks, as further detailed above in COVID-19 Terms and Conditions). I fully understand that the Activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY OR MENTAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to myself, my property, and to other third parties and their property, which may be caused by my own actions or inactions, those of others participating in the Activities, the locations, places and/or buildings at, on or in which the Activities take place, the conditions at, on and in which the Activities take place (including equipment, ventilation and surfacing for the Activities), or the negligence or misconduct of any of the “Releasees” named below; and I fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages I or any third parties incur as a result of my participation in the Activities, including property theft. I represent that I understand the nature of the Activities. I further represent that I am participating in the Activities voluntarily, and that I am in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. I will discontinue my participation in the Activities if I believe at any time my participation poses a threat to myself or any third party. If I have any injury or condition that potentially affects my participation in the Activities, I will consult with my physician or other applicable provider regarding my participation, and follow all applicable provider instructions, which is my sole responsibility.
I, on behalf of myself and anyone who obtains any rights from or through me, hereby forever and irrevocably release and discharge Polarity Fitness; the owners, lessors, lessees and any other individual or entity with any interest in the locations, places and/or buildings at, on or in which the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, any technology applications and platforms facilitating the Activities in any manner); any sponsors, advertisers or promoters of any of the foregoing; any of the respective parents, subsidiaries, affiliates, partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, volunteer, employee, representative or agent of any of the foregoing (each a “Releasee” herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to my participation in or attendance at the Activities; my attendance at the locations, places and/or buildings at, on or in which the Activities take place; or any first aid, treatment or any like service rendered in connection with the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY OR MENTAL INJURY, ILLNESS OR DEATH) caused or alleged to be CAUSED IN WHOLE OR IN PART BY (i) THE NEGLIGENCE OR MISCONDUCT of any Releasee or otherwise, including negligent rescue operations; (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with my participation in or attendance at the Activities, or my attendance at the locations, places and/or buildings at, on or in which the Activities take place; (iii) the voluntary disclosure of my medical information; (iii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of my name, image, likeness, voice and/or other personal attribute(s) or other personal information (collectively, my “Personal Attributes”). I further covenant and agree not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement. I agree that as further consideration for being permitted to participate in any of the Activities, I hereby grant Polarity Fitness, LLC and its designees, and their respective affiliates, licensees, permitees, successors and assigns, and each of them, an unrestricted, absolute, universal, perpetual, irrevocable, non-royalty bearing, and transferable right and license (but not any obligation) to use, copy, transmit, distribute, display, modify, perform, present, transform, create works and derivative works, and otherwise promote or utilize my Personal Attributes filmed, captured, photographed or otherwise recorded or memorialized in any manner in connection with any of the Activities, in any medium or format whether now or hereafter existing (including, without limitation, print, direct mail, online, mobile or wireless communications, radio or television broadcast, telecast or photograph), for any purpose whatsoever (including, without limitation, in connection with the creation, advertising, sale and/or promotion of any products and/or services), and without any payment, consideration or notice to or consent by me or any third party. I hereby forever and irrevocably waive any rights I may have in or to any of the foregoing, and I understand and agree that Polarity Fitness, LLC and its designees are the exclusive owners (to the extent the materials are created by or at the direction of each such party) of any and all right, title and interest, including copyright, in and to any materials of any kind or nature containing or developed from use of my Personal Attributes.
I have read this this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, understand that I have given up substantial rights by agreeing to it and have agreed to it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. I hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, or to rescind, limit or disaffirm this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.
If Participant is Under 18 Years of Age:
If you are under 18 years of age, you represent and warrant to Polarity Fitness and/or Polarity that your parent or legal guardian has reviewed these Student Terms and agrees as follows:
I am the parent or legal guardian of participant; I consent to, join in and approve the foregoing Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement; I will ensure that my child honors his/her obligations hereunder; and I will indemnify and hold Releasees harmless from and against any Losses arising out of or in any way related to (i) this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement or the rights granted herein, (ii) my child’s attendance at or participation in any of the Activities, or my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place, (iii) any breach of the above representations, warranties and agreements, or (iv) any attempt to rescind, limit or disaffirm the foregoing. I hereby expressly approve of my child’s attendance at or participation in any or all of the Activities, and my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place.
Activities Organized Through Your Account
Certain Activities (e.g., virtual or studio private group sessions) may be organized through your Polarity Fitness account in which other individuals participate. If you are the parent or legal guardian of those individuals, you make the representations, warranties and agreements as to those individuals (including the releases, waivers and indemnifications) as to your child’s participation as set forth above in “If Participant is Under 18 Years of Age.” For all other individuals, you are responsible and liable for such individual’s participation in the Activities under these Student Terms as if such participant was you.
You are responsible for your Polarity Fitness account(s) and any Activities conducted under your name or associated with your account.
V. Purchased Studio Classes Terms and Conditions
In our various materials, we may refer to a class or classes as “purchased studio class/classes,” “in-studio class/classes,” “studio class/classes,” or simply “class/classes,” and to multiple classes available for purchase and storage in your account as a “class pack.” Polarity Fitness and/or Polarity may also make available studio classes on a promotional basis from time to time, on such additional or other terms and conditions applicable to the promotion. You must have a Polarity Fitness account to make a studio class purchase. Purchased classes will be reflected in your account, and may be redeemed and used only at Polarity Fitness and/or Polarity for eligible classes. Purchased classes are personal to the purchaser, have no cash value, and are not assignable or transferrable. Purchased Classes are subject to restrictions, which may vary from time to time, including, without limitation, restrictions on use based on the location/studio at which a class is purchased and/or redeemed. Purchased classes are nonrefundable and expiration dates are strictly enforced.
Class Access
Approximately ten (10) minutes prior to the scheduled start of a Polarity Fitness Live class for which a valid registration has been made, a participant will receive an email with a zoom access code and password. Polarity Fitness reserves the right to send such notices at other time(s). All Polarity Fitness Live classes must be purchased and registered in advance, and are subject to class size availability. All registrations are with respect to specific scheduled Polarity Fitness Live classes. Class registration, and class access codes and passwords, are nontransferable.
Class Changes
An Polarity Fitness Live class for which a valid registration has been made may be changed by a participant only if a participant cancels the class registration on Polarity Fitness’s Website using the participant’s account more than twenty (20) minutes before the scheduled start time for such class (cancellations within twenty (20) minutes of the scheduled start time for a class will not be recognized). If notice of class cancellation is not timely, no Polarity Fitness Live class credit will be given. Polarity Fitness Live class credits have no cash value. Classes are live and the instructor is recorded. Polarity Fitness reserves the right to cancel and reschedule classes for personnel, technical or other issues.
Termination
Upon termination of Polarity Fitness Live by Polarity Fitness, if a participant has an unexpired Polarity Fitness Live class credit in the participant’s Polarity Fitness Live account as of the effective date of termination of the program, Polarity Fitness reserves the right (but does not have the obligation) to convert any or all such credits to Polarity Fitness in-studio class credits, at its discretion. Any such credits will not be refundable and/or transferrable and have no cash value.
Third Party Providers
Polarity Fitness Live classes are currently delivered by Zoom Video Communications, Inc. (“Zoom”), which is a third party provider of the Zoom application. Polarity Fitness is not responsible or liable for any aspect of the Zoom application, or the operation or use thereof. See www.zoom.us for information regarding Zoom and the Zoom application. Polarity Fitness is not a party to any user agreement or terms and conditions between a participant and Zoom, including, without limitation, any privacy policy or terms of use, all of which are accepted by a participant. Zoom is solely responsible for all matters regarding the Zoom application, including, without limitation, application functionality, terms of service, and any claims that you may have related to the Zoom application or the operation or use thereof. Polarity Fitness reserves the right to change technology platforms from time to time without notice, and the foregoing shall apply to such substitute technology provider and platform substituting such provider’s name.
Notices
Polarity Fitness does not warrant uninterrupted or error-free operation of the Polarity Fitness Live classes or any related service. Polarity Fitness is not responsible for technical failures of any kind, including but not limited to, the malfunctioning of any computer online systems or applications, media or computer equipment, website, server provider, network, hardware or software; or the unavailability or inaccessibility of any website, application or service. Polarity Fitness MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OF NONINFRINGEMENT, ARISING FROM COURSE OF PERFORMANCE OR DEALING, USAGE OR TRADE.
Each Polarity Fitness Live class and other information is owned by Polarity Fitness and subject to all copyright, trademark and other intellectual property laws, rules and regulations. Any reproduction, distribution, or public performance of all or part of any class or other information is expressly prohibited unless Polarity Fitness has explicitly granted its prior written consent. All rights to the Polarity Fitness Live classes and other information are reserved by Polarity Fitness
VIII. Memberships
Polarity offer different Membership Agreements. The “Bronze”, “Gold”, and “Platinum” Membership agreements are all programs of Polarity Fitness. These Memberships have a monthly fee. These Memberships are available for purchase here: https://www.polarityannarbor.com/pricing.html. There is no activation fee. Each Membership Agreement has a minimum monthly commitment. Membership is nontransferable and nonrefundable. The terms and conditions of the Memberships are as follows:
Eligible Participants; Enrollment; Continuing Eligibility
Eligible participants in these Membership programs are individuals who enroll for a monthly autopay Polarity Fitness membership using a valid debit or credit card. As part of enrollment or continued membership, any other required membership documents, agreements and waivers must also be completed and submitted, including any Membership forms. To continue to be eligible, the participant’s membership and membership account must remain in good standing with Polarity Fitness at all times, including, without limitation, by not terminating or changing the participant’s Polarity Fitness membership, or allowing the participant’s Polarity Fitness membership to be terminated or lapse, and by maintaining payment by autopay for participant’s monthly membership fees. Once Membership eligibility ceases, a member may not take advantage of the Membership benefits. Monthly payments are for an entire month as based on a member’s monthly billing cycle. Memberships are nonrefundable, and Polarity Fitness does not provide refunds or credits for any partial month. Memberships are non-cancellable within their outlined terms.
Auto-Renewal Agreement Terms and Member Card Charge Authorization
I understand that my Membership will continue to auto renew within the contract terms. I understand that I will be expected to pay any and all fees and charges associated with my account that are outstanding when my account is cancelled.
I authorize Polarity Fitness, LLC, and their respective third-party payment processor(s) to charge my debit or credit card on a monthly basis for the price of my Membership, and for any other fees and charges as and when incurred by me in using my Polarity Fitness Membership, or Polarity Fitness products, services or facilities, including without limitation all reservation and late cancel/no show fees. Changes to this authorization agreement by Polarity Fitness will be reflected in any changes to this Auto-Renewal Agreement Terms and Member Card Charge Authorization.
Restrictions
Membership benefits are nontransferable and may only be used by the applicable member, and only so long as the individual is in good standing with Polarity Fitness. All At Home Program benefits have no cash value, and are not redeemable for cash or any substitute. Membership benefits cannot be combined with any other offer, coupon or promotion.
IX. Additional Card Charge Authorization
In addition to the member card charge authorizations for memberships elsewhere in these Student Terms (if applicable), I understand, whether or not I am a member, I may also be separately asked to provide a valid debit or credit card to keep on file with Polarity Fitness for future transactions. By providing my debit or credit card in response to such inquiry, I authorize Polarity Fitness, LLC, its franchisees, and their respective third-party payment processor(s) to charge my debit or credit card for any fees and charges as and when incurred by me in using Polarity Fitness products, services or facilities, including without limitation all reservation and late cancel/no show fees. Changes to this authorization agreement by Polarity Fitness will be reflected in any changes to this Additional Card Charge Authorization.
X. Governing Law
These Student Terms and any disputes arising under or related to them will be governed by United States federal law and the laws of the State of Michigan, without reference to a state’s conflict of law principles.
XI. Limitation of Liability
Polarity Fitness shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with the Polarity Fitness programs, benefits, Activities, these Student Terms, transactions, your Polarity Fitness and/or Polarity account(s) or your relationship with Polarity Fitness, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if Polarity Fitness or its authorized representatives have been advised of the possibility of such damages. In no event shall Polarity Fitness have any liability for unauthorized access to, or alteration, theft or destruction of any of a participant’s Polarity Fitness’s account(s) through accident, misuse, or fraudulent means or devices by participant or any third party, or as a result of any delay or mistake resulting from any circumstances beyond Polarity Fitness’s reasonable control.
XIII. Force Majeure
Polarity Fitness is not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill any Polarity Fitness and or Polarity programs, benefits or Activities, including, without limitation, any in-person or virtual Activities, in the event Polarity Fitness, its vendors or their respective operations are affected by any acts of god, any action, regulation, order, or request by any governmental or quasi-governmental entity, equipment failure, actual threatened terrorist acts, weather, natural phenomenon, war (declared or undeclared), fire, embargo, labor dispute or strike, labor or material shortage, transportation, interruption of any kind, civil disturbance, insurrection, riot, epidemic, pandemic, public health or safety issues or matters, or any laws, rules, regulations or orders or other action adopted or taken by any national, federal, state, provincial, or local government authority, or any other cause, whether or not specifically mentioned above.
XIV. Precedence; Waiver; Interpretation
If and to the extent that there is any conflict among or between any website, apps, website or app materials, FAQs, or other Polarity Fitness marketing, promotion, communication or descriptive materials and these Student Terms, the language in these Student Terms will control. Polarity Fitness’s failure to or decision not to enforce any provision in these Student Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. Polarity Fitness reserves the right to interpret and apply these Student Terms, and all determinations by Polarity Fitness shall be final and conclusive in each case.
XV. Changes.
Polarity Fitness may change, update, terminate and replace these Student Terms; change, add, or terminate any programs, benefits and Activities, or participating locations or methods of participation; change, add or terminate any programs, benefits or Activities, or any feature of the programs, benefits and Activities; change any service providers; or change any requirements for initial or continuing eligibility; in whole or in part, at any time, and without notice or compensation, even though such actions may affect the programs, benefits and Activities or your participation in the programs, benefits or Activities.
You agree that Polarity Fitness may provide notices, disclosures, and changes or updates to or replacements of these Student Terms, and other information relating to the programs, benefits and Activities by electronic means, including posting these materials online at https://www.polarityannarbor.com/studenttermsandconditions.html. Consult the then-current Student Terms for terms and conditions of membership and participation. It is your responsibility to review the current Student Terms.
Your participation in any Activities or Polarity Fitness programs indicates your acceptance of and agreement to all of these Student Terms as in effect from time to time, and any changes or updates to or replacements of these Student Terms.
XVI. Polarity Fitness Remedies.
Polarity Fitness reserves the right to seek all remedies available at law and in equity for violations of any of these Student Terms, including suspending or blocking your access to your Polarity Fitness account(s), or terminating your participation in any or all programs, benefits and Activities, and associated Polarity Fitness Account(s).
XVII. Questions; Contact Us.
If you have any questions regarding Polarity Fitness membership, Activities, programs, benefits, or these Student Terms, contact us at [email protected]
Terms & Conditions: There are no refunds on purchased studio or virtual classes, membership contracts, packages, progressives, and/or workshops. Classes are non-transferrable. Contracts are non-cancelable within their outlined duration/terms. Classes and packages may not be shared or gifted. All clients must keep a credit card on file. All contract holders should read their membership agreement carefully as the terms are non-negotiable. Early cancellations must be made twelve (12) hours prior to the start of class. Expiration Dates and Late Cancellation Policies are strictly enforced. All absences/no-shows/late arrivals will be considered a Late Cancel. Late Cancellations will forfeit their class. Unlimited Package Holders will be charged a $15.00 no-show fee. If we are unable to process this charge, your package will be paused until the balance is paid. During any promotional period of Five Dollar ($5.00) Yoga + Pole Classes, any no shows and/or late cancels are subject to the full single session rate of twenty-six dollars ($26.00). Any Groupon Customer or Package Holder without their credit card on file will be penalized the expiration equivalent of five (5) days, which may ultimately result in the pausing or cancellation of a package. Registration on MindBody authorizes these changes and/or charges to be made utilizing the credit card information on file. Documentation of extenuating circumstances is required (prior to class start time) for exception requests to these policies. Please email all requests with documentation to [email protected]. Requests without documentation will not be considered. © Polarity Fitness LLC 2024.
All participants in Polarity programs and activities agree to the Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement below. Additionally, in connection with the reopening of Polarity Fitness studios and the ongoing COVID-19 situation, participants using Polarity Fitness studios agree to the COVID-19 Terms and Conditions described below.
In consideration of, and as an inducement and condition to, Polarity Fitness, LLC and its designees, including, without limitation, its affiliates, allowing you to participate in yoga classes, pole classes, instruction, exercises, and other programs, events and activities conducted or organized by or through Polarity Fitness and/or Polarity, whether in-studio, in person, online, live, recorded or otherwise (collectively, with all related activities, the “Activities”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree to these Student Terms and Conditions (these “Student Terms”).
Your participation in any Activities by Polarity Fitness and/or Polarity programs indicates your acceptance of and agreement to all of these Student Terms as in effect from time to time, including, without limitation the Arbitration Provision below, and any changes or updates to or replacements of these Student Terms.
We may change, update, terminate and replace these Student Terms, programs, benefits and Activities from time to time, in whole or in part, at any time, and without notice or compensation, even though such actions may affect the programs, benefits and Activities or your participation in such programs, benefits and Activities. We may provide information regarding such matters by electronic means, including posting these materials online at: https://www.polarityannarbor.com/studenttermsandconditions.html. Consult the then-current Student Terms for terms and conditions of membership and participation. It is your responsibility to review the the current Student Terms. See “Changes” below.
I. Account; Rules and Directions
To participate in Activities, you must have the appropriate Polarity Fitness and/or Polarity Mindbody account. If you do not have a membership account, create an account at wwww.polarityannarbor.com. By participating in Polarity Fitness and/or Polarity Activities you agree to observe all rules and directions of Polarity Fitness and/or Polarity and the locations (in-studio, in person, online or otherwise) at which any Activities take place.
II. Class Reservations; Walk-Ins
Any use of Polarity Fitness and/or Polarity studio will require an advance reservation, which may be made at www.polarityannarbor.com, or on the MINDBODY app. Studio reservations are subject to the terms and conditions of a reservation (including reservation, cancellation, credit, and refund conditions and policies). To make a reservation you must have an available paid class in your account.
At this time there is no walk-in use of the Polarity Fitness and/or Polarity studios. As walk-in use become available, we will provide information regarding such use by such methods as we determine.
III. COVID-19 Terms and Conditions
In addition to and as a part of the Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement below: I understand that the COVID-19 (novel coronavirus) pandemic is an ongoing public health situation. I understand that COVID-19 (including variations and mutations) is a highly communicable virus that can cause, among other conditions, severe respiratory illness, sometimes leading to death, in individuals who contract it. I will not attend in-studio or any other in-person Activities conducted or organized by or through Polarity Fitness if I am exhibiting symptoms of COVID-19 (which can include, without limitation, fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell), or if I have been exposed to a third party who has exhibited COVID-19 symptoms in the 14 days preceding my participation in the Activities. I understand and expressly agree that my use of Polarity Fitness and/or Polarity studio or participation in any other in-person Activities conducted or organized by or through Polarity Fitness involves the risk that I could contract COVID-19 notwithstanding the mitigation measures in place by Polarity Fitness. I understand that these risks are inherent to my use of the facilities or participation in such Activities and can range from mild symptoms to major illness, including death. I further understand and voluntarily accept full responsibility on my behalf for the risk of contracting COVID-19.
IV. Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement
I fully understand that participation in the Activities includes, without limitation, strenuous physical and mental activities and exercises, participating in the Activities with other participants, contact with unidentified and unfamiliar persons, participating in the Activities in new and unfamiliar places and manners, exposure to risks in the areas in which the Activities are conducted, and exposure to communicable diseases (including COVID-19 risks, as further detailed above in COVID-19 Terms and Conditions). I fully understand that the Activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY OR MENTAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to myself, my property, and to other third parties and their property, which may be caused by my own actions or inactions, those of others participating in the Activities, the locations, places and/or buildings at, on or in which the Activities take place, the conditions at, on and in which the Activities take place (including equipment, ventilation and surfacing for the Activities), or the negligence or misconduct of any of the “Releasees” named below; and I fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages I or any third parties incur as a result of my participation in the Activities, including property theft. I represent that I understand the nature of the Activities. I further represent that I am participating in the Activities voluntarily, and that I am in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. I will discontinue my participation in the Activities if I believe at any time my participation poses a threat to myself or any third party. If I have any injury or condition that potentially affects my participation in the Activities, I will consult with my physician or other applicable provider regarding my participation, and follow all applicable provider instructions, which is my sole responsibility.
I, on behalf of myself and anyone who obtains any rights from or through me, hereby forever and irrevocably release and discharge Polarity Fitness; the owners, lessors, lessees and any other individual or entity with any interest in the locations, places and/or buildings at, on or in which the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, any technology applications and platforms facilitating the Activities in any manner); any sponsors, advertisers or promoters of any of the foregoing; any of the respective parents, subsidiaries, affiliates, partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, volunteer, employee, representative or agent of any of the foregoing (each a “Releasee” herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to my participation in or attendance at the Activities; my attendance at the locations, places and/or buildings at, on or in which the Activities take place; or any first aid, treatment or any like service rendered in connection with the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY OR MENTAL INJURY, ILLNESS OR DEATH) caused or alleged to be CAUSED IN WHOLE OR IN PART BY (i) THE NEGLIGENCE OR MISCONDUCT of any Releasee or otherwise, including negligent rescue operations; (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with my participation in or attendance at the Activities, or my attendance at the locations, places and/or buildings at, on or in which the Activities take place; (iii) the voluntary disclosure of my medical information; (iii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of my name, image, likeness, voice and/or other personal attribute(s) or other personal information (collectively, my “Personal Attributes”). I further covenant and agree not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement. I agree that as further consideration for being permitted to participate in any of the Activities, I hereby grant Polarity Fitness, LLC and its designees, and their respective affiliates, licensees, permitees, successors and assigns, and each of them, an unrestricted, absolute, universal, perpetual, irrevocable, non-royalty bearing, and transferable right and license (but not any obligation) to use, copy, transmit, distribute, display, modify, perform, present, transform, create works and derivative works, and otherwise promote or utilize my Personal Attributes filmed, captured, photographed or otherwise recorded or memorialized in any manner in connection with any of the Activities, in any medium or format whether now or hereafter existing (including, without limitation, print, direct mail, online, mobile or wireless communications, radio or television broadcast, telecast or photograph), for any purpose whatsoever (including, without limitation, in connection with the creation, advertising, sale and/or promotion of any products and/or services), and without any payment, consideration or notice to or consent by me or any third party. I hereby forever and irrevocably waive any rights I may have in or to any of the foregoing, and I understand and agree that Polarity Fitness, LLC and its designees are the exclusive owners (to the extent the materials are created by or at the direction of each such party) of any and all right, title and interest, including copyright, in and to any materials of any kind or nature containing or developed from use of my Personal Attributes.
I have read this this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, understand that I have given up substantial rights by agreeing to it and have agreed to it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. I hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, or to rescind, limit or disaffirm this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.
If Participant is Under 18 Years of Age:
If you are under 18 years of age, you represent and warrant to Polarity Fitness and/or Polarity that your parent or legal guardian has reviewed these Student Terms and agrees as follows:
I am the parent or legal guardian of participant; I consent to, join in and approve the foregoing Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement; I will ensure that my child honors his/her obligations hereunder; and I will indemnify and hold Releasees harmless from and against any Losses arising out of or in any way related to (i) this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement or the rights granted herein, (ii) my child’s attendance at or participation in any of the Activities, or my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place, (iii) any breach of the above representations, warranties and agreements, or (iv) any attempt to rescind, limit or disaffirm the foregoing. I hereby expressly approve of my child’s attendance at or participation in any or all of the Activities, and my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place.
Activities Organized Through Your Account
Certain Activities (e.g., virtual or studio private group sessions) may be organized through your Polarity Fitness account in which other individuals participate. If you are the parent or legal guardian of those individuals, you make the representations, warranties and agreements as to those individuals (including the releases, waivers and indemnifications) as to your child’s participation as set forth above in “If Participant is Under 18 Years of Age.” For all other individuals, you are responsible and liable for such individual’s participation in the Activities under these Student Terms as if such participant was you.
You are responsible for your Polarity Fitness account(s) and any Activities conducted under your name or associated with your account.
V. Purchased Studio Classes Terms and Conditions
In our various materials, we may refer to a class or classes as “purchased studio class/classes,” “in-studio class/classes,” “studio class/classes,” or simply “class/classes,” and to multiple classes available for purchase and storage in your account as a “class pack.” Polarity Fitness and/or Polarity may also make available studio classes on a promotional basis from time to time, on such additional or other terms and conditions applicable to the promotion. You must have a Polarity Fitness account to make a studio class purchase. Purchased classes will be reflected in your account, and may be redeemed and used only at Polarity Fitness and/or Polarity for eligible classes. Purchased classes are personal to the purchaser, have no cash value, and are not assignable or transferrable. Purchased Classes are subject to restrictions, which may vary from time to time, including, without limitation, restrictions on use based on the location/studio at which a class is purchased and/or redeemed. Purchased classes are nonrefundable and expiration dates are strictly enforced.
Class Access
Approximately ten (10) minutes prior to the scheduled start of a Polarity Fitness Live class for which a valid registration has been made, a participant will receive an email with a zoom access code and password. Polarity Fitness reserves the right to send such notices at other time(s). All Polarity Fitness Live classes must be purchased and registered in advance, and are subject to class size availability. All registrations are with respect to specific scheduled Polarity Fitness Live classes. Class registration, and class access codes and passwords, are nontransferable.
Class Changes
An Polarity Fitness Live class for which a valid registration has been made may be changed by a participant only if a participant cancels the class registration on Polarity Fitness’s Website using the participant’s account more than twenty (20) minutes before the scheduled start time for such class (cancellations within twenty (20) minutes of the scheduled start time for a class will not be recognized). If notice of class cancellation is not timely, no Polarity Fitness Live class credit will be given. Polarity Fitness Live class credits have no cash value. Classes are live and the instructor is recorded. Polarity Fitness reserves the right to cancel and reschedule classes for personnel, technical or other issues.
Termination
Upon termination of Polarity Fitness Live by Polarity Fitness, if a participant has an unexpired Polarity Fitness Live class credit in the participant’s Polarity Fitness Live account as of the effective date of termination of the program, Polarity Fitness reserves the right (but does not have the obligation) to convert any or all such credits to Polarity Fitness in-studio class credits, at its discretion. Any such credits will not be refundable and/or transferrable and have no cash value.
Third Party Providers
Polarity Fitness Live classes are currently delivered by Zoom Video Communications, Inc. (“Zoom”), which is a third party provider of the Zoom application. Polarity Fitness is not responsible or liable for any aspect of the Zoom application, or the operation or use thereof. See www.zoom.us for information regarding Zoom and the Zoom application. Polarity Fitness is not a party to any user agreement or terms and conditions between a participant and Zoom, including, without limitation, any privacy policy or terms of use, all of which are accepted by a participant. Zoom is solely responsible for all matters regarding the Zoom application, including, without limitation, application functionality, terms of service, and any claims that you may have related to the Zoom application or the operation or use thereof. Polarity Fitness reserves the right to change technology platforms from time to time without notice, and the foregoing shall apply to such substitute technology provider and platform substituting such provider’s name.
Notices
Polarity Fitness does not warrant uninterrupted or error-free operation of the Polarity Fitness Live classes or any related service. Polarity Fitness is not responsible for technical failures of any kind, including but not limited to, the malfunctioning of any computer online systems or applications, media or computer equipment, website, server provider, network, hardware or software; or the unavailability or inaccessibility of any website, application or service. Polarity Fitness MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OF NONINFRINGEMENT, ARISING FROM COURSE OF PERFORMANCE OR DEALING, USAGE OR TRADE.
Each Polarity Fitness Live class and other information is owned by Polarity Fitness and subject to all copyright, trademark and other intellectual property laws, rules and regulations. Any reproduction, distribution, or public performance of all or part of any class or other information is expressly prohibited unless Polarity Fitness has explicitly granted its prior written consent. All rights to the Polarity Fitness Live classes and other information are reserved by Polarity Fitness
VIII. Memberships
Polarity offer different Membership Agreements. The “Bronze”, “Gold”, and “Platinum” Membership agreements are all programs of Polarity Fitness. These Memberships have a monthly fee. These Memberships are available for purchase here: https://www.polarityannarbor.com/pricing.html. There is no activation fee. Each Membership Agreement has a minimum monthly commitment. Membership is nontransferable and nonrefundable. The terms and conditions of the Memberships are as follows:
Eligible Participants; Enrollment; Continuing Eligibility
Eligible participants in these Membership programs are individuals who enroll for a monthly autopay Polarity Fitness membership using a valid debit or credit card. As part of enrollment or continued membership, any other required membership documents, agreements and waivers must also be completed and submitted, including any Membership forms. To continue to be eligible, the participant’s membership and membership account must remain in good standing with Polarity Fitness at all times, including, without limitation, by not terminating or changing the participant’s Polarity Fitness membership, or allowing the participant’s Polarity Fitness membership to be terminated or lapse, and by maintaining payment by autopay for participant’s monthly membership fees. Once Membership eligibility ceases, a member may not take advantage of the Membership benefits. Monthly payments are for an entire month as based on a member’s monthly billing cycle. Memberships are nonrefundable, and Polarity Fitness does not provide refunds or credits for any partial month. Memberships are non-cancellable within their outlined terms.
Auto-Renewal Agreement Terms and Member Card Charge Authorization
I understand that my Membership will continue to auto renew within the contract terms. I understand that I will be expected to pay any and all fees and charges associated with my account that are outstanding when my account is cancelled.
I authorize Polarity Fitness, LLC, and their respective third-party payment processor(s) to charge my debit or credit card on a monthly basis for the price of my Membership, and for any other fees and charges as and when incurred by me in using my Polarity Fitness Membership, or Polarity Fitness products, services or facilities, including without limitation all reservation and late cancel/no show fees. Changes to this authorization agreement by Polarity Fitness will be reflected in any changes to this Auto-Renewal Agreement Terms and Member Card Charge Authorization.
Restrictions
Membership benefits are nontransferable and may only be used by the applicable member, and only so long as the individual is in good standing with Polarity Fitness. All At Home Program benefits have no cash value, and are not redeemable for cash or any substitute. Membership benefits cannot be combined with any other offer, coupon or promotion.
IX. Additional Card Charge Authorization
In addition to the member card charge authorizations for memberships elsewhere in these Student Terms (if applicable), I understand, whether or not I am a member, I may also be separately asked to provide a valid debit or credit card to keep on file with Polarity Fitness for future transactions. By providing my debit or credit card in response to such inquiry, I authorize Polarity Fitness, LLC, its franchisees, and their respective third-party payment processor(s) to charge my debit or credit card for any fees and charges as and when incurred by me in using Polarity Fitness products, services or facilities, including without limitation all reservation and late cancel/no show fees. Changes to this authorization agreement by Polarity Fitness will be reflected in any changes to this Additional Card Charge Authorization.
X. Governing Law
These Student Terms and any disputes arising under or related to them will be governed by United States federal law and the laws of the State of Michigan, without reference to a state’s conflict of law principles.
XI. Limitation of Liability
Polarity Fitness shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with the Polarity Fitness programs, benefits, Activities, these Student Terms, transactions, your Polarity Fitness and/or Polarity account(s) or your relationship with Polarity Fitness, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if Polarity Fitness or its authorized representatives have been advised of the possibility of such damages. In no event shall Polarity Fitness have any liability for unauthorized access to, or alteration, theft or destruction of any of a participant’s Polarity Fitness’s account(s) through accident, misuse, or fraudulent means or devices by participant or any third party, or as a result of any delay or mistake resulting from any circumstances beyond Polarity Fitness’s reasonable control.
XIII. Force Majeure
Polarity Fitness is not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill any Polarity Fitness and or Polarity programs, benefits or Activities, including, without limitation, any in-person or virtual Activities, in the event Polarity Fitness, its vendors or their respective operations are affected by any acts of god, any action, regulation, order, or request by any governmental or quasi-governmental entity, equipment failure, actual threatened terrorist acts, weather, natural phenomenon, war (declared or undeclared), fire, embargo, labor dispute or strike, labor or material shortage, transportation, interruption of any kind, civil disturbance, insurrection, riot, epidemic, pandemic, public health or safety issues or matters, or any laws, rules, regulations or orders or other action adopted or taken by any national, federal, state, provincial, or local government authority, or any other cause, whether or not specifically mentioned above.
XIV. Precedence; Waiver; Interpretation
If and to the extent that there is any conflict among or between any website, apps, website or app materials, FAQs, or other Polarity Fitness marketing, promotion, communication or descriptive materials and these Student Terms, the language in these Student Terms will control. Polarity Fitness’s failure to or decision not to enforce any provision in these Student Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. Polarity Fitness reserves the right to interpret and apply these Student Terms, and all determinations by Polarity Fitness shall be final and conclusive in each case.
XV. Changes.
Polarity Fitness may change, update, terminate and replace these Student Terms; change, add, or terminate any programs, benefits and Activities, or participating locations or methods of participation; change, add or terminate any programs, benefits or Activities, or any feature of the programs, benefits and Activities; change any service providers; or change any requirements for initial or continuing eligibility; in whole or in part, at any time, and without notice or compensation, even though such actions may affect the programs, benefits and Activities or your participation in the programs, benefits or Activities.
You agree that Polarity Fitness may provide notices, disclosures, and changes or updates to or replacements of these Student Terms, and other information relating to the programs, benefits and Activities by electronic means, including posting these materials online at https://www.polarityannarbor.com/studenttermsandconditions.html. Consult the then-current Student Terms for terms and conditions of membership and participation. It is your responsibility to review the current Student Terms.
Your participation in any Activities or Polarity Fitness programs indicates your acceptance of and agreement to all of these Student Terms as in effect from time to time, and any changes or updates to or replacements of these Student Terms.
XVI. Polarity Fitness Remedies.
Polarity Fitness reserves the right to seek all remedies available at law and in equity for violations of any of these Student Terms, including suspending or blocking your access to your Polarity Fitness account(s), or terminating your participation in any or all programs, benefits and Activities, and associated Polarity Fitness Account(s).
XVII. Questions; Contact Us.
If you have any questions regarding Polarity Fitness membership, Activities, programs, benefits, or these Student Terms, contact us at [email protected]
Terms & Conditions: There are no refunds on purchased studio or virtual classes, membership contracts, packages, progressives, and/or workshops. Classes are non-transferrable. Contracts are non-cancelable within their outlined duration/terms. Classes and packages may not be shared or gifted. All clients must keep a credit card on file. All contract holders should read their membership agreement carefully as the terms are non-negotiable. Early cancellations must be made twelve (12) hours prior to the start of class. Expiration Dates and Late Cancellation Policies are strictly enforced. All absences/no-shows/late arrivals will be considered a Late Cancel. Late Cancellations will forfeit their class. Unlimited Package Holders will be charged a $15.00 no-show fee. If we are unable to process this charge, your package will be paused until the balance is paid. During any promotional period of Five Dollar ($5.00) Yoga + Pole Classes, any no shows and/or late cancels are subject to the full single session rate of twenty-six dollars ($26.00). Any Groupon Customer or Package Holder without their credit card on file will be penalized the expiration equivalent of five (5) days, which may ultimately result in the pausing or cancellation of a package. Registration on MindBody authorizes these changes and/or charges to be made utilizing the credit card information on file. Documentation of extenuating circumstances is required (prior to class start time) for exception requests to these policies. Please email all requests with documentation to [email protected]. Requests without documentation will not be considered. © Polarity Fitness LLC 2024.