Terms and Conditions
Last Updated September 19, 2019
I. Application of These Terms And Conditions (the “REFINERY” Agreement)
AGREEMENT TO TERMS
These Term of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Perfect Touch Sports, LLC, doing business as The Refinery Fitness (“The Refinery Fitness”, “we”, or “our”), concerning your access to and use of www.refineyourfitness.com website as well as any other media form, media channel, mobile application related, linked or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood and agree to be bound by all these Terms of Use. IF YOU DO NOT AGREE WITHALL OF THESE TERMS OF USE, THEN YOU ARE AXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUCH DISCONTINUE USE IMMEDIATELY.
These Terms incorporate by reference our Privacy Policy.
II. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
A. Informal Dispute Resolution
At TRF, we are committed to meeting and exceeding expectations; to bring you a high energy, kick ass, professional experience. If that doesn’t happen, we hope you give us the opportunity to address any problem. To do that, please e-mail us at info@refineyourfitness.com.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or use (individually, a “Party” and collective, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
B. Arbitration Agreement
By accepting the Terms, you and TRF 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 TRF 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 TRF 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 TRF. 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 TRF regarding any aspect of your relationship with TRF, 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. Where Will the Arbitration Be Held?
You can bring the arbitration to Pennsylvania. In the event that TRF initiates an arbitration, it will only do so in Pennsylvania.
III. TRF Agreement
A. 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. TRF 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 TRF classes only, and must be completed in person at one of our studios with a parent or guardian. Minors who are at least 15 years of age.
B. Reservations/Charges/Classes and Gift Cards
In order to make a reservation, you must first buy a single class, punch card or membership.
In addition to classes and series of classes, you can also buy a gift certificate. TRF’s gift certificates are called “gift cards”. Gift cards never expire and the person that you are giving them to can use his or her gift card(s) to buy classes. Once a class is purchased using a gift card, it will expire, just like any other class you buy. If you would like to buy a gift card please visit our class page.
Gift cards and classes are not the same thing. Unlike gift cards or gift certificates, classes are for our classes only. You cannot give classes to another as a gift. When you buy a class, you are only entitled to use that class. You cannot redeem your class for cash and you cannot transfer it to another athlete or community member.
Classes do expire. The expiration dates are posted in the description of the class, punch card or membership on the Website. If, however, you get jammed up and cannot book a class in time, just give us a call, stop by the studio, or e-mail us and we can help you.
Future class prices are subject to change, but TRF 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 the TRF studio.
Your credit/debit card will be charged for your order when you buy your class or series of classes. TRF 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 TRF may incur in its efforts to collect any unpaid balances from you.
C. CONSUMERS’ RIGHT TO CANCELLATION
- You have the right to cancel your purchase of TRF classes if: TRF closes for more than 30 days, unless it provides a comparable facility within 20 miles of the original location;
- you move more than 25 miles farther from the health club and can’t transfer your contract to a comparable facility within five miles of your home; or
- you die or become permanently disabled.
To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to info@refineyourfitness.com
TRF will refund the purchase price of your unused classes 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 TRF store credit.
D. Cancellation Policy for Reservations
In order to cancel a reservation in a TRF class and return it to your account, you must cancel more than 2 hours 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 2 hour before, your scheduled class will be charged to your class pack or membership.
You can cancel your reservation in the following ways:
- The MINDBODY website
- The Refinery Fitness Website
- Call the studio. *Only applicable if you speak to someone over the phone, as our front desk is not always staffed. Leaving a voicemail does not count as a successful cancellation.
Please note, in fairness to all our customers, SPOTS WILL BE RELEASED 5 MINUTES BEFORE CLASS BEGINS. In the event that you do not claim your spot at least 5 minutes before class begins, then TRF shall have the right, without any credit or refund to you, to allow others to reserve or use your spot for a fee.
FOR ATHLETES RUNNING LATE: We ask that you call the studio to let us know you are on the way. If you call the front desk at least 4 minutes before class begins, we will hold a reservation for up to 10 minutes after class begins, though we cannot guarantee you will be the station you signed up for. Athletes who are more than 10 minutes late will not be admitted into class as it is too disruptive.
FOR ATHLETES LEAVING EARLY: If you’re planning on leaving early, we kindly request that you tell the instructor ahead of time.
E. Texts and Calls
We may offer you the ability to receive texts and calls in connection with our services. If you opt-in to receive texts and calls, you agree that TRF may send you reoccurring texts. You understand that your consent is not required as a condition of purchase. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phones and/or carriers are supported. Contact your carrier for further details.
F. Intellectual Property Rights
The trademarks and trade dress of TRF are proprietary to TRF and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, TRF. You have the right to view, electronically copy, and print in hard copy portions of the Website 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 TRF, is strictly prohibited.
You acknowledge that TRF and/or third party content providers remain the owners of all Website 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. TRF may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.
G. Warranty Disclaimer and Limitation of Liability
In no event will TRF be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website or on any other linked/third-party website, your purchase of TRF classes, your rights to cancel your purchase of TRF classes, your registration for classes, your purchase of merchandise, your communication with TRF, and your use of and attendance at TRF’s studio, 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 TRF expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by TRF 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. TRF provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
H. Choice of Law
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.
I. Acceptance of Terms
By using the Website, purchasing a TRF class, registering for a TRF class, purchasing merchandise, and/or using or attending a TRF class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website purchasing a TRF class, registering for a TRF class, purchasing merchandise, and/or using or attending a TRF class.
Occasional changes may be made to this document to reflect changes in TRF’s policies. The Terms may be revised at any time by updating this posting. By using the Website by buying TRF classes, registering for classes, buying merchandise, and/or using and attending TRF’s studio, you agree to be bound by any such revisions. Athletes are encouraged to check this document periodically to stay informed of current guidelines.
J. Contact Us
If you have any questions about these Terms you can reach us at info@refineyourfitness.com