General Liability consent and Confirm Agreement:
 
I waive and release FZIQUE, its officers, employees, agents, assigns, successors, licensees, and members of the Board of Professionals all risk that may occur during the course of a physical exercise, fitness training, usage of facility and studios or direction and coaching and all participating practices or resource provided by the the company. Any claims that may arise hereoffrom, including but not limited to any claims of defamation, invasion of privacy, or infringement of moral rights or rights of publicity shall be disputed with the understanding of this document and my electronic signature (agreement checkbox) of approval and consent.

 

For individualized training and Services:

I hear by understand in consent that in order to properly guide me to my fitness goals FZIQUE and it’s staff, affiliates and/or referred personnel may take an initial baseline measurements in order safely prescribe subscribe or recommend a suitable exercise regimen or or provide a nutritional guideline. I hereby consent, voluntarily to an initial baseline measurement. I understand that these baseline measurements are for the purpose of determining my current physical fitness level and status.

Body composition may be measured with skin fold and a circumference measurement, while flexibility, muscular strength and endurance may be gathered and collect through calisthenics and or stationery exercise bicycle.

The cardiovascular measurement may be determined on a stationary bicycle or a training lane, with the understanding that these are the two primary focus of our program and brand. Exercises will begin at a low level and may be advanced to higher levels in increments. The objective of the “advance level increase” is to gather a maximum effort level of exercise, exhaustion, symptoms that prohibit further training and or training endpoint. I understand that I may option-out of the activity due to emotional reasoning, fatigue, exhaustion or another personal reason.

I Understand that there may be some abnormal differences and changes may occur during the course of the measurement and or exercise and training program. These changes could include abnormal heartbeats, abnormal blood pressure reading, in rare instances, heart attack and various muscle and joint strains or injures. I further understand that selection and supervision of my activities, and my exercise program, is a matter of professional judgement and all discomfort or agonizing pain is to be vocalized to your/a FZIQUE fitness professional immediately.

I understand that any measurement or physical and exercise and background information gathered or collected will help determine current fitness level and guide my physical fitness training to a personal and understanding and development.

I approve and desire such measurement so that better advise regarding my proposed exercise program may be given to me, but understand that the measurement does not entirely risk in the proposed training program.

I understand that I may or can withdraw my consent or discontinue participation in any aspect of the program at any time without penalty or prejudice towards me.

I have read and understand the statement above and hereby have all my questions answered to the best of my knowledge and satisfaction.

 

FZIQUE MEMBERSHIP TERMS & CONDITIONS

These Membership Terms & Conditions apply to everybody who purchases any type of membership, including Monthly memberships, Paid in full, Corporate memberships, alá carte classes, and all FZIQUE X package sessions.

Personal Training Contracts are non-refundable. (In case of life threatening situations, or other extenuating circumstances, contracts may be discussed with trainer.)

Membership may be cancelled on 30 days notice (in person) after initial term and as set forth, members are required to sign a termination document confirming cancellation** Non-refundable as set forth upon acceptance of these terms.

 

Section 1: Fees and Payments

a Member’s Obligation. Member shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of Member’s failure to use the facilities of FZIQUE (the “Studio”). Payments are for the services and/or period, and at the rate as agreed to and set forth on Member’s “My FZIQUE” page of the Studio’s website,www.fzique.grandapps.com/terms&conditions

b Form of Payment. All payments (including monthly dues and/or per class payments and incidentals) are payable by electronic funds transfer from the Member’s credit card account or debit card account. Member must authorize payments to be made through a third party administered electronic funds transfer system. Member maintains full control and privacy over his or her account at all times, and the transfer of funds affects only those fees that have Member’s prior authorization and when a Member authorizes any additional transaction, including but not limited to single classes, series, class packages and retail transactions either on the studio’s website or in the studio, charges associated with late cancellation (after 5 p.m. the day before the class) and/or no-shows. In the case of monthly memberships, transfer of fees will take place automatically once every month.

c Returned Payment Penalty. Member will automatically be charged any bank fee imposed on the studio, plus a processing fee of up to $35, for any returned payment item due to closed accounts, insufficient funds or similar issue. On such occasion, the Studio retains the right to collect the current and past due balances in any subsequent month.
d Disputed Charge Penalty. In the event that a Member initiates a credit card dispute that is subsequently resolved in FZIQUE’S favor, FZIQUE shall have the right to charge Member up to $50 per occurrence.

e Cancellations. Member may cancel his or her reservation (either on the FZIQUE App, website– www.fzique.grandapps.com, or by calling the studio at 616.238.4848 no later than 5 pm the day prior to the reserved class in order to receive a full class credit. reservations not cancelled prior to that time will be charged to Member. For monthly members, a penalty fee of $26 per reservation will apply, in the event Member does not cancel such reservation before 5 pm the day prior to the class.

 

Section 2: Membership

a Revocation of Membership. The brand (in its sole discretion) may revoke Member’s membership and/or class credits, at any time and without refund, in the event that Member engages in behavior that is unsafe or objectionable to other members or staff, or for reasons of nuisance, disturbance to other members or staff, moral turpitude or fraud, or personal hygiene and attire. The FZIQUE brand also reserves the right to require Member to leave for the day if, in the studio’s reasonable judgment, Member poses a health or safety risk to Member or others, or is disturbing or likely to disturb other members or staff.

b Use Privileges. Member must abide by the individual rules of membership. Additional fees may apply if Member chooses to use services outside of his or her membership privileges. Additionally, FZIQUE (in its sole discretion) reserves the right to revoke or suspend Member’s membership if Member is a monthly member, or training/class credits if Member has purchased training series or class packs, and allows persons other than Member to use Member’s membership ID number to book and/or attend classes.

c Freeze Policy. If Member is a monthly member and is medically unable to use the studio, Member may request a freeze of membership for up to six months. In such case, Member must provide a doctor’s note at the time of such request. FZIQUE reserves the right to verify the note with the doctor. For non-medical freeze privileges, please consult with the on-site studio manager, or send an email to myfzique@fzique.grandapps.com. FZIQUE reserves the right to adjust the freeze policy from time to time. Freezing membership for any period of time does not relieve Member from any minimum monthly membership commitment, as may be required for certain types of membership.

 

Section 3: Member Risk

a Medical Recommendations. Member should consult with his or her physician or have a physical examination before using any of the studios facilities or enrolling in any of the studios classes, especially if Member is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to physical exertion or has other physical limitations.

b Orientation. Member is strongly encouraged to request and take advantage of the free initial orientation (including bike fitting) and ongoing support available to ensure the proper and safe use of all of FZIQUE’s equipment.
c Member Conduct. Member shall not use any FZIQUE’s facility, service or equipment in such a way as to endanger the health or safety of Member or others. Member shall be responsible for any property damage or personal injury caused by Member or his or her guests. Member agrees not to violate any laws while in the studio.

d Activity Risk. Any strenuous athletic or physical activity involves certain risks. Member and his or her guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of FZIQUE facilities. FZIQUE cannot guarantee that any facility or equipment is free of risk. Member agrees to use care in the use of FZIQUE facilities, equipment and services and to protect against accidents by other members.

e Medical Disclaimer. Member has been informed and acknowledges that FZIQUE makes no claims as to medical or fitness results that can or may be obtained through use of FZIQUE’s facilities, equipment or services. FZIQUE has neither suggested nor will suggest any medical treatment to Member. Only licensed medical professionals are qualified to give medical advice.

f Member’s Health Warranty. Member represents that: (i) there are no medical or physical conditions that would preclude his or her use of the FZIQUE’S facilities; (ii) he or she has not been instructed by any physician not to use FZIQUE’s services; and (iii) he or she is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise.

g Member Release and Indemnity. By checking the box to signify agreement with the Terms and Conditions Agreement and/or by attending classes or otherwise participating in FZIQUE’s offered activities, Member hereby acknowledges and agrees that there are inherent risks in indoor cycling, kettlebell training and exercise and in using the equipment associated with the Club’s classes or instruction. Member assumes full responsibility for his or her use of the Club’s facilities and shall indemnify FZIQUE, IMG Body Architects LLC. and its shareholders, affiliates, agents and employees, and, with respect to classes at FZIQUE, against any and all liability arising out of the use of the brand. Additionally, Member and his or her guests shall hold the brand, and, with respect to classes at FZIQUE, harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of FZIQUE use and membership activities.

h Prevailing Party. In the event Member commences an action against the brand or its shareholders, affiliates, agents or employees and fails to obtain judgment or partial judgment in Member’s favor, Member shall be liable to the brand for all costs and expenses associated with the brands defense of the action or any claims on which Member did not prevail, including attorney’s fees and costs.

i Costs of Collection. Member agrees to pay all costs plus reasonable attorney’s and collection fees in connection with brand (or FZIQUE’s designee’s) collection of any amounts owed by Member.

j Loss of Property. Member is urged not to bring valuables onto FZIQUE’s premises and to keep valuables with him or her at all times. The brand shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry).

 

Section 4: Referral Program

a FZIQUE operates a referral program (FZIQUE with Friends) that rewards Members and customers who refer friends who make purchases with FZIQUE.

b Only new customers (i.e. those without a pre-existing account and who have never purchased FZIQUE classes) are eligible for the referral reward. Rewards will NOT be applied retroactively.

c Referred customers must make a minimum of $50 in purchases on the www.fzique.grandapps.com website. Gift Card or Coupon Codes do not count toward the $50 minimum.

d For each new referred customer who makes a minimum purchase of $50 in classes, the referring member will receive $50 in FZIQUE credit in his/her web profile to be applied to future purchases of classes.

e The minimum $50 in purchases must originate in the same cart. For example, $25 spent on Monday and $25 spent on Tuesday will not result in a referral reward under this program.

f If the referred customer does not properly accept the invitation sent by the referring customer (as per the directions on the invitation email), referring customer will not receive the reward.

g Credits will appear in referring customers’ accounts within approximately 24 hours after qualifying invitees make their qualifying purchase(s).

h Customer agrees that having multiple FZIQUE accounts is a violation of these Terms of Service and that sending invitations to alternate email addresses or accounts or otherwise attempting to circumvent FZIQUE’S referral program system may, without limiting any other FZIQUE rights or remedies, result in forfeiture of customer’s membership and all referral credits in customer’s account.

i FZIQUE reserves the right to void referrals and credits earned if it suspects that the referrals or credits were earned in a fraudulent manner, in a manner that violates these Terms and Conditions or in a manner otherwise not intended by FZIQUE.

j Customers must not conduct their own promotion in connection with FZIQUE referral credit program. Customer may not engage in any promotional, marketing, or other advertising activities on behalf of FZIQUE, including by using any trademarks of FZIQUE.

k Purchase of a Gift Card is not a qualifying purchase.

l This referral credit program is void where prohibited by law. FZIQUE reserves the right to modify or terminate the referral credit program at any time.

 

General Provisions

a Members and Guests Rules. Member and his or her guests shall abide by the FZIQUE’S rules and regulations and any amendments and/or modifications thereto.

b Day Lockers. Lockers are provided solely for the benefit and convenience of the members. FZIQUE will remove any articles left in a locker overnight.

c Pets and Bicycles. Pets and bicycles are not permitted in the studio. (otherwise approved or granted permission by management/FZIQUE’s operations).

d Dress Code. Proper athletic attire is required. FZIQUE reserves the right to make the final determination in its sole discretion with regard to appropriate attire.

e Independent Contractors. From time to time, FZIQUE may make the services of independent contractors available to Member and his or her guests. FZIQUE does not warrant or guarantee the quality of these services.

f Guest Rules. Guests are permitted in the studio, but only pursuant to such rules, fees and schedules as then may be in effect. All guests must register at the front desk, with valid identification, and sign FZIQUE’s standard release agreement.

g Special Events. FZIQUE may from time to time reserve the use of its facilities for special events, competitions and private functions.

h Change in Operating Hours/Temporary Closing of Club. As a result of repair, maintenance, special occasions, or act of God, the studio may be required to restrict the use or temporarily close its facilities or activities from time to time. There will be no reduction or suspension of membership fees during such time when the above-mentioned occurs. Hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at FZIQUE’S discretion.

i Children’s Use. All children under 18 years of age must be accompanied by a parent at all times within the studio unless they are in a program or supervised activity. Children under age 13 are not permitted in any of the studio’s facility without the express permission of FZIQUE’s management.”

 

Miscellaneous

a Non-Discrimination. FZIQUE will not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry in considering applications for, or have taken other action in connection with, membership in the brand.

b Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.

c Enforcement. If any provision of Member’s contract is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.

d Governing Law; Jurisdiction. This agreement shall be governed in all respects by the substantive law of the state of Michigan, without regard to its conflict of law principles. Member hereby unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in the State of Michigan for any actions, suits or proceedings arising out of or relating to this agreement.

e Entire Agreement. This contract and all rules and regulations of FZIQUE, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to this membership. This agreement may be modified only by an instrument in writing and only by FZIQUE.

 

Release of video and Photography

I release FZIQUE, its officers, employees, agents, assigns, successors, licensees, and members of the Board of Curators all rights to utilize my photo/video for commercial and marketing purposes. Any claims that may arise hereoffrom, including but not limited to any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity or copyrights shall be disputed with FZIQUE. FZIQUE is permitted, although not obligated, to include my name as a credit in connection with the use of materials related hereto.