Terms & Conditions
Agreement between User and www.essence-lagree.com
Welcome to www.essence-lagree.com. The www.essence-lagree.com website (the “Site”) is composed of various web pages operated by Essence Lagree. www.essence-lagree.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.essence-lagree.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
We are a boutique fitness studio offering class packs, memberships and class scheduling via our website. Our website also provides studio information, class descriptions, instructor biographies and company policies.
Privacy
Your use of www.essence-lagree.com is subject to essence-lagree’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.essence-lagree.com or sending emails to Essence Lagree constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Essence Lagree is not responsible for third party access to your account that results from theft or misappropriation of your account. Essence Lagree and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Essence Lagree does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.essence-lagree.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Classes must be canceled more than 6 hours prior to class time to avoid losing a class credit or a cancellation fee. If your reservation is canceled less than 6 hours prior but more than 2 hours prior to class it is considered a LATE CANCEL.
For non-unlimited packages, a LATE CANCEL will forfeit that class credit.
For unlimited members, a LATE CANCEL will automatically be charged $5 late-cancellation fee.
A late cancel fee of $5 will be charged for Foundations Classes.
If you do not cancel your reservation and do not show up for your class, you will be charged that class credit.
All clients will be charged a no-show fee, including those attending Foundations Classes equal to the class credit.
Non-unlimited packages will be charged a no-show fee equal to the class credit.
In the event that you would like to return a purchased merchandise item, you have 7 days from the date of purchase to make an exchange, or return for store credit only. Merchandise credit cannot be applied to memberships or class packages. Merchandise must be in new condition with all original packaging and tags attached to be eligible for return or exchange. All credit packages and memberships are non-refundable.
Links to Third Party Sites/Third Party Services
www.essence-lagree.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Essence Lagree and Essence Lagree is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Essence Lagree is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Essence Lagree of the site or any association with its operators.
Certain services made available via www.essence-lagree.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.essence-lagree.com domain, you hereby acknowledge and consent that Essence Lagree may share such information and data with any third party with whom Essence Lagree has a contractual relationship to provide the requested product, service or functionality on behalf of www.essence-lagree.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.essence-lagree.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Essence Lagree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Essence Lagree or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Essence Lagree content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Essence Lagree and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Essence Lagree or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Essence Lagree from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Essence Lagree Content accessed through www.essence-lagree.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Essence Lagree, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Essence Lagree reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Essence Lagree in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Essence Lagree agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ESSENCE LAGREE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ESSENCE LAGREE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ESSENCE LAGREE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ESSENCE LAGREE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Essence Lagree reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Missouri and you hereby consent to the exclusive jurisdiction and venue of courts in Missouri in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Essence Lagree as a result of this agreement or use of the Site. Essence Lagree’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Essence Lagree’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Essence Lagree with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Essence Lagree with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Essence Lagree with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Essence Lagree reserves the right, in its sole discretion, to change the Terms under which www.essence-lagree.com is offered. The most current version of the Terms will supersede all previous versions. Essence Lagree encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Essence Lagree welcomes your questions or comments regarding the Terms:
Email Address: info@essence-lagree.com
Waiver
I (the “Client”) voluntarily desire to participate in physical exercise training classes conducted on
behalf of Essence Lagree, LLC(dba) Essence Lagree (the “Studio”) at the studio located at 5133 South Cambell Ave. Springfield, MO 65810 (the “Facility”) and understand agree to the following:
1. Client agrees to assume full responsibility while voluntarily participating in any training class at the Studio or the Facility at Client’s sole risk and discretion. Client shall abide by any rules and regulations for use of the Studio or Facility which may be promulgated from time to time by the Studio.
2. Client understands and agrees that there is a risk of injury associated with participation in any exercise program and that there exists the possibility for certain conditions occurring during or following training and/or exercise. These may include, but are not limited to, mild lightheadedness, fainting, abnormalities of blood pressure or heart rate, ineffective heart function in rare instances, heart attack or stroke. The reaction of the cardiovascular system to such activity cannot be predicted without complete accuracy.
3. It is strongly recommended that a Client receive a medical clearance from his/her private physician prior to starting or participating in an exercise training program. The Studio’s training programs are not designed for individuals with known heart disease with or without functional impairment.
4. Client has been informed that any fitness program includes possible risks and all exercises shall be undertaken at Client’s sole risk and discretion. Client assumes full responsibility for any and all damages, injuries or losses that may be sustained or incur, if any, while participating in any studio exercise program or physical activity. Client hereby waives all claims against the Studio, the Facility, the Studio instructors, officers, directors, employees or agents of either and/or any successor assigns or and all claims, demands, injuries, damages, actions, or causes of action, whatsoever to my person or property arising out of or connected to the services, facilities, exercise classes, or the facility where same is located (including the Studio and/or the Facility, as applicable). Client hereby agrees to indemnify defend, hold harmless, release and discharge the Studio and Facility from all claims, demands, injuries, damage actions causes of action and from all acts of active or passive negligence on the part of the Studio, the Facility, the Studio instructors, their servants, agents, employees, and/or any successors and assigns, whatsoever, for any damages, injuries or losses that may be sustained by the Client arising from or in connection with the activities that Client voluntarily participates, including without limitation, attorney’s fees, costs, and expenses of any litigation, arbitration or other proceedings.
Late Cancellations: Unlimited Members will incur a $5 late cancel fee if the cancellation is made less than 6 hours but more than 2 hour before the start of class, less than 2 hours will forfeit that class credit.
Limited Members and Package Holders will result in a forfeit of the class credit if the cancellation is made less than 6 hours before the start of class.
No Show Policy: Essence Lagree enforces a strict No Show Policy. Unlimited Members, Limited Members AND Package Holders will incur a loss of credit equal to the class credit. Classes are closed at the start time. Clients who arrive past the start time will be considered a no show.
Dress Code Policy: Essence Lagree wants you to come to class fully prepared for physical activity: grippy socks, athletic shorts/pants, athletic t- shirt, towel and water.
Age Policy: You must be at least 16 years old to workout with us. Children under the age of 18 must be accompanied by a parent or legal guardian.
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Print Name Signature Date