Global Terms and Conditions (Rev. 03/01/2018)
THESE GLOBAL TERMS AND CONDITIONS (“AGREEMENT”) GOVERN YOUR USE OF ONE OR MORE URBAN PERFORMANCE EQUIPMENT, URBAN PERFORMANCE FACILITY, URBAN PERFORMANCE SERVICES, OR THIRD PARTY APPLICATIONS PROVIDED TO YOU BY URBAN PERFORMANCE, LLC. (“PRODUCTS AND SERVICES”). YOUR ACCEPTANCE OF THIS AGREEMENT IS EVIDENCED BY ANY OF YOUR SIGNATURE, CLICK “ACCEPT”, PURCHASE OF THE PRODUCTS AND/OR SERVICES (NOT LIMTED TO SESSIONS, PACKAGES, MEMBERSHIPS) OR USE OF THE PRODUCTS AND/OR SERVICES WITH URBAN PERFORMANCE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE PRODUCTS AND SERVICES.
In consideration of your use of the exercise equipment and facilities provided by Urban Performance, you expressly agree and contract, on behalf of yourself, your heirs, executors, administrators, successors and assigns, that Urban Performance and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by you, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of Urban Performance.
With this agreement, you accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me, and you hereby fully and forever release and discharge Urban Performance, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.
You expressly agree to indemnify and hold Urban Performance harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by you.
You agree to be solely responsible for your safety and wellbeing.
You agree to comply with all rules imposed by Urban Performance regarding the use of the facilities and equipment. You agree to conduct yourself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
You understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and death.
You understand and agree that Urban Performance is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.Top of Form
MEMBERSHIP POLICIES & CLUB RULES
Urban Performance designed the Membership Policies ("Policies") and the club rules, including rules listed here and rules posted in clubs ("Rules") to ensure a safer and more enjoyable environment in which to exercise. So, please be thoughtful and observe the Policies and Rules that you, and all members, have agreed to follow. Urban Performance may, in its sole discretion, modify the Policies and Rules without notice at any time. It's your responsibility to know and follow the most current Policies and Rules. All approved signs posted in a club or on the premises shall be considered a part of the Policies and Rules of Urban Performance.
The following Polices and Rules replace all previous Policies and Rules. If there is any conflict between these Policies and the posted club Rules, these Policies and Rules apply. The current Policies and Rules are also available on the Urban Performance website at https://www.urbanperformancesd.com/.
For Clients on Memberships:
You will have a set schedule each week for your training sessions. If you need to reschedule, we will do our best to accommodate you, and reschedule your session within that week, contingent upon availability. A 24+ hour notice is required to reschedule your session. If not enough notice is provided, your session will be lost and won’t be rescheduled. Sessions cannot be rescheduled on a different week. If your session falls on a National Holiday (New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Day), it will not be rescheduled.
When sessions are being rescheduled by the trainer and/or Urban Performance: we will reschedule your session within the same week, or within the following 7 days. When an Urban Performance trainer takes a vacation, and no other trainer is able to cover your session(s), your session(s) within that time frame will be credited on your next payment or refunded.
For Clients on Packages / A la Carte:
A 24+ hour notice is required to reschedule your session. If not enough notice is provided, your session will be lost and won’t be rescheduled.
MEMBERSHIP FREEZE POLICY
Qualification and Notice Requirements: Urban Performance will only freeze your membership if you are in good standing, you have all initiation fees paid, you are current on your monthly dues, you provide at least ten days’ notice for a freeze request to allow Urban Performance to process your request, and you qualify for one of the three categories below:
Medical Disability: You must provide Urban Performance with verification from your physician stating your medical disability will prevent you from using Urban Performance facilities. The minimum term for a medical freeze is three months and the maximum is six months.
Active Duty Military Transfer or Extended Volunteer Assignment: You must provide Urban Performance with a copy of your transfer, deployment or extended volunteer assignment orders. There is no minimum or maximum for assignment freeze. If you request a specific freeze term less than six months, your membership and monthly Electronic Funds Transfer ("EFT") or credit card charge will automatically resume at the end of the specified time. If you request a specific freeze term greater than six months, or you do not specify a freeze term, you must contact Urban Performance to reactivate.
Temporary Employment Transfer: You must provide Urban Performance with verification from your employer, on company letterhead, that you are being temporarily transferred. The location of your transfer must be more than 25 miles from the nearest Urban Performance location to which you have access. The minimum term for a temporary employment transfer freeze is three months and the maximum freeze is six months.
Extended Freeze: As a courtesy to our members, Urban Performance may approve or deny your request for an extended freeze for reasons other than those listed above. The maximum length of an extended freeze is 6 months. If Urban Performance does not receive notification to reactivate or further extend your freeze within 6 months, your membership agreement will be terminated. Your scheduled sessions may have to be moved on different day(s) /time(s).
Dues During Freeze: Once Urban Performance approves a membership freeze no further dues will be collected.
Freeze Request Decisions: If your request does not conform to this Membership Freeze Policy, you will be notified that your request has been denied and your membership shall remain active unless cancelled.
USE OF Urban Performance FACILITIES
No Solicitation: Urban Performance facilities are provided for the private use of members only and are not open to the public. Any solicitation within the facilities is absolutely forbidden. This includes, for example: solicitation for profit, political purposes or any other reason; use of petitions; distributing or posting leaflets, notices or advertising anywhere in a club facility; or leaving multiple copies of leaflets or other papers.
Urban Performance Fitness provides open lockers/cubies for members to use only while working out in the gym. Do not leave any valuable property in a locker at any time. Urban Performance is not responsible for any theft of or damage to your property.
PROHIBITED ITEMS AND ACTIVITIES
No Alcohol, or Drugs: You cannot engage in any activity at Urban Performance while under the influence of illegal drugs or alcohol. Urban Performance does not permit alcohol, or illegal drugs, including steroids, in any of its facilities.
No Weapons: No weapons of any kind are permitted in Urban Performance facilities.
Taking photos or filming of others is not permitted without their prior knowledge and consent.
Food & Beverages: Urban Performance reserves the right to limit the consumption of food or beverages in workout areas.
DRESS / TOWEL POLICY
Urban Performance requires you to wear appropriate clothing and footwear while in its facilities. Here are general guidelines: gym shorts, T-shirts, jogging, aerobic and sweat outfits are all right for exercising or aerobics, but street clothes/shoes and jeans are not. You must have a towel with you during workouts to protect and clean the machines you use.
While in Urban Performance facilities, Urban Performance does not permit and will not tolerate any inappropriate conduct. Such conduct includes, without limitation, using loud, abusive, offensive, insulting, demeaning language, profanity, lewd conduct or any conduct that harasses or is bothersome to members, guests or Urban Performance employees.
VIOLATION OF POLICIES OR RULES
If any member or guest violates any of the Policies or Rules, Urban Performance will ask that person to stop or leave. A member’s violation of any of the Policies or Rules may also cause Urban Performance, in its sole discretion, to terminate that person’s membership and/or other agreements.
Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damage liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. There are also civil and criminal penalties for the unauthorized sale, use, or exchange of anabolic steroids.
Urban Performance LLC.
1756 Kettner Blvd.
San Diego, CA 92101
2. Information We Collect
2.1 Information You Provide Us. We collect information from you when you purchase a membership and other services from us. The information we collect includes personally identifiable information, such as your name, home address, telephone number and email address. You may also provide non-personally identifiable information, for example, demographic information such as gender and date of birth, or the name of your employer or school.
The information we collect may include the following:
• Home address
• Home / mobile telephone number
• Email address
• Credit, debit or other payment account number and related information
• Health-related information (as explained below)
• Date of birth
• For corporate sponsored program participants only: Name of Employer and employment verification
Guests are asked to provide certain contact and demographic information.
We also collect a limited amount of fitness, physical activity and health related information from you when you sign-up for personal training services or our Fitness Consultation service. This information (such as whether you suffer from a heart condition, dizziness, high blood pressure, and knee or back problems) helps you determine your eligibility to participate in our personal training and Fitness Consultation programs. If you participate in our training or consultation/orientation programs, we may also obtain certain measurements, height, weight and age from you.
2.2 Other Sources. We may receive information about you from other sources, such as public databases, commercially available sources, social networks, and other third parties.
2.3 Aggregated Information. We may aggregate personally identifiable information. Aggregated information is not personally identifiable information because it does not identify and is not associated with you or any other user.
2.4 Wireless Access. As a convenience to our members, internet access may be available in our facilities via wifi. Any such in-club wireless access is provided by 3rd parties and not by Urban Performance, and we do not collect any information in relation to your use of the in-club wireless access. We are not responsible for the 3rd party privacy, information or other practices.
3. How We Use Your Information
3.1 To Provide Products, Services and Information. We use your personally identifiable information to:
• Set-up your membership
• Provide services and products to you
• Process payments for your membership and services, including credit card, debit card and bank account debit (ACH) transactions
• Contact you regarding your membership and services, and other administrative information
• Track member and guest use of our facilities
• Respond to your inquiries and comments
• Provide advertisements, newsletters, or other marketing or promotional and other information relating to materials to you regarding products and services that we provide or otherwise offer for sale
3.2 Our Business Purposes. We may use your information for our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products and services, enhancing, improving or modifying our services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
3.3 Other Purposes. We may use non-personally identifiable information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine non-personally identifiable information with personally identifiable information (such as associating your name with your employer if you are a participant in a corporate sponsored program), in which case we will treat the combined information as personally identifiable information as long as it is combined.
4. How We Share Your Information
4.1 Our Third Party Service Providers. We may share your information with our third party service providers and agents who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, text messaging, credit card or other payment account processing, auditing and similar services. Contracts with our service providers require them to keep information confidential.
4.2 Legal Requests or Requirements and to Prevent Harm. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on Urban Performance. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to prevent harm to Urban Performance, our members or other individuals. This may include sharing information with other companies, lawyers, courts or other government entities.
4.3 Transfer in the Event of Sale or Change of Control. If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business to a third party, we may transfer your personally identifiable information to the new owner to be used consistent with this Policy.
4.4 Corporate and Insurance Programs. If you have a corporate employer sponsored membership, upon the request of your employer or insurance provider, as applicable, we may share usage statistics and information, including your name, date of birth, insurance identification number and how often you use one of our facilities.
5. Access to Your Information and Choices.
You can email us at firstname.lastname@example.org or contact us by mail at the following address:
1756 Kettner Blvd.
San Diego, CA 92101
You can also access certain information we have relating to your account by registering as a member at our website www.urbanperformancesd.com. Any information you provide to us online is governed by our https://www.urbanperformancesd.com/.
You can update or change your information by contacting us as described above. You can also opt-out of receiving marketing and promotional emails from us by using the opt-out or unsubscribe feature contained in the emails. To opt-out of other means of marketing communications, including telephone, text or other electronic communications from Urban Performance, email us at email@example.com.
We will try to comply with your request(s) as soon as reasonably practicable. If you opt-out of receiving marketing-related messages from us, we may still send you administrative messages so that you continue to receive important information (for example, transactional messages relating to your membership, purchases and club information).
6. Security of Your Information
We use industry standard physical, technical and administrative security measures to protect your information. Our employees have access to your personally identifiable information only on a need to know basis. Contracts with our third party service providers require them to keep information confidential. However, no storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Questions” section above.
FEES, PAYMENT AND TERMINATION TERMS:
FEES AND PAYMENT FOR PURCHASED PRODUCTS OR SERVICES; EXPENSES
. You shall pay all fees specified for your Urban Performance Products and Services. Except as otherwise specified herein, (i) fees are quoted and payable in United States dollars (ii) fees for Urban Performance Services, Urban Performance Products and Third-Party Applications are based on the subscribed Products and Services and fees are not based on actual usage, (iii) payment obligations are non-cancelable and fees paid are non-refundable.
Invoicing and Payment. You will provide Urban Performance with valid and updated credit card information, acceptable to Urban Performance. If You provide credit card information to Urban Performance, You authorize Urban Performance to charge such credit for all Products or Services for the initial subscription term (1st month) and any renewal subscription term(s). Membership billing terms are monthly. You are responsible for maintaining complete and accurate billing and contact information in the Products or Services. If the contact information you have provided is false or fraudulent, Urban Performance reserves the right to terminate your access to the Products or Services in addition to any other legal remedies.
Overdue Charges. If any payment is not received from You by the due date (except charges then subject to reasonable and good faith dispute), then at Urban Performance’s discretion, (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid.
Charges 30 or More Days Overdue. If any payment owing by You under this or any other agreement for Products or Services is overdue (except charges then under reasonable and good faith dispute), Urban Performance may, without limiting Urban Performance’s other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend the Products or Services until such amounts are paid in full. You will continue to be charged for the Products or Services during any period of suspension.
. Unless otherwise stated, the fees charged hereunder do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. If Urban Performance has the legal obligation to pay or collect Taxes for which You are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by You, unless You provide Urban Performance with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Urban Performance is only responsible for taxes assessable based on Urban Performance’s income, property and employees.
TERM AND TERMINATION
Term of Agreement. This Agreement commences on the effective date (First session or assessment) (or such earlier date of your first use of the applicable Product or Service) and continues monthly until a cancelation request has been received or upon termination.
. A party may terminate this Agreement for cause: (i) at any time upon written notice in the event the other party has committed a material breach of this Agreement which remains uncured thirty (30) days after written notice of such breach, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. Urban Performance may terminate this Agreement for any reason or no reason upon thirty (30) days advance written notice to You, and Urban Performance may terminate this Agreement immediately upon written notice to You in the event of abuse or unreasonable treatment of any Urban Performance employee or representative by You or any of Your representatives; such a termination shall be deemed “for cause”. Except as stated in this paragraph, there is no other right to terminate this Agreement.
Refund or Payment upon Termination. Upon any termination for cause by You, Urban Performance shall refund You any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Except only in the event of such a termination for cause by You, all fees paid by You are non-refundable, regardless of whether You cease using the Products or Services. Upon any termination for cause by Urban Performance, You shall pay any unpaid fees covering the remainder of the term of all Order Forms after the effective date of termination. In no event shall any termination relieve You of the obligation to pay any fees payable to Urban Performance for the period prior to the effective date of termination.