Terms & Conditions
Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights, remedies, and obligations and in using this website you are deemed to have read and agreed to the following Terms and Conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice and any or all Agreements: “Client”, “Member”, “Visitor”, “You”, and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us” refers to our Company (Elements Studios). “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, either the Client or Ourselves. All terms refer to the offer, acceptance or consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect to the Company’s stated services and products, in accordance with and subject to prevailing Ohio Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same. The Elements Studios website allows users to receive information about Elements Studios, as well as book, cancel, and pay for services and products offered at Elements Studios facilities.
COLLECTION OF INFORMATION
We collect personally identifiable information, such as names, postal addresses, email addresses, credit card information and etcetera when it is voluntarily submitted by our members and/or visitors. It is important for you to protect against unauthorized access to your password and to your computer. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. Please be sure to sign off when you are finished using a shared computer. Registration of minors (ages 12-18) must be completed in person at one of our studios with a parent or legal guardian present. In the event that we learn any personal information has been submitted to the website by a child under the age of 13, we will delete that information as quickly as reasonably possible. Elements Studios does not seek or share personal information from minors through this website.
Your personally identifiable information is kept secure. Only authorized employees, agents, and contractors who have agreed to keep information secure and confidential have access to this information. All emails and newsletters from this site allow you to opt out of future marketing mailings. We use industry-standard efforts to safeguard the confidentiality of your personal information, including the use of firewalls and secure sockets layer software where appropriate.
Elements Studios reserves the right to refuse, terminate accounts, remove or edit content, or cancel orders in their sole discretion. When you visit Elements Studios or send emails to us, you are communicating with us electronically, and therefore consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CANCELLATION AND BOOKING POLICIES
In order to cancel an Elements Studios class, you may cancel online or by calling the studio NO LATER THAN 12 hours prior to your scheduled class. Once your class is canceled by this time it will be returned to your account. If you have not canceled your class by the 12 hour window, the online system will not permit you to do so. Cancellations via electronic mail (email), Facebook messenger, Instagram, or text message will not be taken and you will be charged.
If you book multiple classes or waitlist multiple classes, you are solely responsible for canceling your classes within the bounds of the cancellation policy. Elements Studios staff cannot be held responsible for accidental bookings by clients or double bookings or double waitlisted classes made by clients. Late cancel and no show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.
Please be aware that we release bikes EXACTLY five minutes prior to the start of class to those on the waitlist. If you are running late, please CALL the studio and speak to the front desk to assure we hold your bike. Elements Studios staff will add walk-in waitlisted clients in the order in which they were added to the waitlist by the computer system, top to bottom, and EXACTLY five minutes prior to the start of class. There is no wait list priority given for early arrival.
You MUST SIGN IN next to your name upon arrival. If you do not sign in, we may release your bike to another guest five minutes prior to the start of class. DO NOT ASSUME THE FRONT DESK STAFF KNOWS YOU ARE IN ATTENDANCE.
PACKAGE PURCHASES AND CREDIT CARDS ON FILE
By purchasing a package from Elements Studios, you agree to our terms and conditions in full. Packages cannot be shared between clients. Unlimited and auto debit contract clients are required to keep a credit card on file. If a client holding an unlimited or auto debit package does not keep a card on file, their contract will be terminated and the package will not renew if holding an auto debit package. If a client on an unlimited or auto debit contract either cancels late or does not show to class, and no credit card is on file, the package will be reduced by one day and the auto debit contract suspended.
Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen. Packages that expire will activate on the first class either booked OR waitlisted. Placing yourself on a waitlist with an expiring package will, in fact, activate your package. Elements Studios staff will not adjust or extend special packages due to waitlisted classes or accidental bookings through the acts or omissions of clients. The expiration date set on an expiring package is the date on which the package may no longer be used. Clients purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.
Clients may elect to keep a credit card on file using their Elements Studios account online. By placing a card on file, the cardholder and account holder gives permission to the Elements Studios staff to charge the card for any auto debit packages and/or cancellation fees accrued in accordance with the Elements Studios cancellation policy detailed supra.
AUTO DEBIT CONTRACTS
The following terms and conditions apply if you are enrolled in an unlimited auto-debit contract:
I, the Client, authorize Elements Studios to, on a recurring basis, automatically charge the debit or credit card account I specified, for monthly payments due on my unlimited auto-debit plan associated with my account. I understand that Elements Studios will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on my auto debit contract and/or in connection with cancellation fees according to the Elements Studios cancellation policy. Elements Studios will initiate charges each month on the date my contract is set to renew.
Elements Studios may discontinue processing of recurring charges if the Company is unable to secure funds from my debit or credit card I have authorized due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information I provided. I understand that the Elements Studios booking system allows for booking through the week regardless of the renewal date of my contract. I understand that if I am booked in classes past the date of renewal, and my credit or debit card fails to bill properly, I will be removed from any classes past the renewal date and notified via electronic mail. I understand that if I am removed from class due to the circumstances as described, it may not be possible to place me back into the class for which I was originally booked and that I will not be given any priority in waitlisted classes. I also understand that it is my responsibility to keep my card on file current and my billing address and zip code accurate. Elements Studios cannot be held responsible for errors in processing due to expired or inaccurate information.
WHAT TO EXPECT IN CLASSES AT ELEMENTS STUDIOS
Elements Studios conducts high intensity, choreographed, cardio classes on stationary bicycles and climbing machines. Please be aware that temperatures may reach 85° in certain classes. Music will be played which may contain explicit language. If you are sensitive to heat or explicit music, please check with our front desk staff to find the right instructor to meet your needs.
All individuals who participate in any activity or class or who utilize any equipment or the facilities (the “Participant”) provided by ELEMENTS FITNESS STUDIOS, INC. (referenced herein as the “Company”) must assume all risk of bodily injury and death, and to the fullest extent permitted by law, waive, release, and hold harmless the Company from any liability as explained in this legally binding agreement.
On behalf of myself as the Participant and any and all minor child or children under my supervision and control (the minor child Participant) (collectively referenced herein as the “Releasing Party”), I/we hereby voluntarily elect to participate in the classes and activities and utilize the facilities and equipment offered by the Company.
In consideration for being permitted to participate in the activities and classes and to utilize the facilities and equipment offered by the Company, the Releasing Party hereby represents, acknowledges, and agrees as follows:
The Company offers exercise classes, activities, equipment and facilities, including but not limited to indoor cycling and climbing. There is a risk of physical injury and/or death associated with the exercise classes, activities, equipment and facilities offered by the Company, including the risk of falls, equipment failure, fatigue, dizziness, and injury or death by exceeding the Participant’s physical strengths or abilities. The Releasing Party for himself/herself and on behalf of each minor child Participant identified above, acknowledges and agrees that it is the sole responsibility of the Releasing Party to determine whether the Releasing Party is sufficiently fit and healthy enough to participate in the exercise activities, classes and to utilize the equipment and facilities offered by the Company.
The Releasing Party further acknowledges and agrees that he/she/they are voluntarily participating in the exercise classes and activities and using the equipment and facilities offered by the Company, and the Releasing Party voluntarily assumes any and all risks associated with such participation and use of the equipment and facilities. The Releasing Party does, for himself/herself and each minor child Participant identified above, hereby forever, irrevocably and unconditionally release, waive, discharge, covenant not to sue, demand, claim or proceed to collect from the Company or its shareholders, officers, directors, employees, trainers, and independent contractors (referenced as the “Released Party”), any and all damages, claims, demands of any kind or nature, whether known or unknown, foreseen or unforeseen, including any claims for bodily injury or death, arising from or relating to, whether directly or indirectly, the Releasing Party’s participation in any class or activities offered by the Company or the Releasing Party’s use of any equipment or the facility offered by the Company.
In the event that any claim is asserted against the Released Party, which is within the scope of risks assumed and the claims waived and released by this agreement, the Releasing Party shall indemnify, defend, and hold harmless the Released Party, including indemnifying the Released Party for the payment of any claims covered by this agreement and the payment of all reasonable attorney fees. The Releasing Party understands that this waiver, release and hold harmless agreement applies to and includes all activities and classes that the Releasing Party engages in at the Company premises, whether inside or outside.
The Releasing Party understands and agrees that the terms and conditions set forth in this agreement extend forever into the future and will have full force and effect each and every time the Releasing Party participates in any activity or class provided by the Company or utilizes the equipment and facility provided by the Company. The Releasing Party represents and acknowledges that no person is permitted to participate in any class or activity or utilize any equipment or facility offered by the Company unless the participant voluntarily executes this “Participant Waiver, Release of Liability and Assumption of the Risk.”
The Releasing Party does, for himself/herself and each minor child Participant identified herein, sign and acknowledge this agreement with the intention of being bound by its terms and conditions.