IQ Cardio, LLC User Agreement
This User Agreement (“Agreement”) is by and between IQ Cardio, LLC, a Texas limited liability company (“Company”), with its principal place of business located at 3305 Long Prairie Rd, Suite 130, Flower Mound, TX 75022 and the undersigned “User”. By entering into this Agreement and signing below, you understand and agree to be bound by this User Agreement and the current User Policies, Rules and Regulations, which are all hereby incorporated by reference.
User understands that workouts and access to the fitness center located at 3305 Long Prairie Rd, Suite 130, Flower Mound, TX 75022 (“Facility”) are purchased onsite and online, per use, and shall be governed by the Company’s website’s terms and conditions. By purchasing workouts and/or access to the Facility, User agrees to pay all fees associated with such services. For all charges for services, Company shall bill User’s credit card, and User agrees to provide Company with accurate and complete billing information.
Company shall provide access to the Facility for the date purchased onsite or through Company’s website. User expressly agrees to use Facility in accordance with Company’s User Policies, Rules and Regulations, attached as Exhibit A. Company reserves the right to immediately suspend or revoke your access to the Facility for any violation of this Agreement without reimbursement. User must be 16 years or older to use and access the Facility. Users that are under the age of 18 years old must be accompanied by an adult and purchase their own access or class.
3. TERM AND TERMINATION.
This Agreement is effective as of the date signed by both Parties and shall terminate at the end of the day the Facility is accessed under the terms of the single class or access which was purchased.
Notwithstanding anything herein to the contrary, Company may terminate this Agreement immediately at any time with or without cause.
4. NON-TRANSFERABLE AGREEMENT.
This Agreement shall be used only for the undersigned User and shall not be assigned. The rights afforded to the undersigned User under this Agreement are non-transferable. Guests of Users are expressly prohibited from accessing or using the Facility without first signing their own Agreement.
5. RELEASE AND WAIVER OF LIABILITY AND INDEMNIFICATION.
User hereby acknowledges and agrees that use by User of Company’s Facility, Services, or equipment, involves risks of injury to persons and property, including those described below, and User assumes full responsibility for such risks. In consideration of User being permitted to enter the Facility of Company for any purpose including, but not limited to, use of Facility, services or equipment, or participation in any way, User agrees to the following:
User hereby expressly waives and releases any and all claims, now known or hereafter known against Company, its directors, officers, employees, and agents (“Releasees”), on account of personal injury, including injury leading to death of User, or property damage arising out of or attributable to User’s participation in services under this Agreement, whether arising out of negligence of any Releasee or otherwise. User agrees to not make or bring any such claim or demands against Releasee, and forever release and discharge all Releasees from liability under such claims.
User also hereby agrees to indemnify Releasees from any loss, liability, damage or cost Company may incur due to the presence of User in, upon or about the Facility or in any way observing or using the Facility or equipment of Company whether caused by the negligence of User or otherwise.
User represents that User is in good physical condition and has no disability, illness, or other condition that could prevent User from exercising without injury or impairment of health, and that User has consulted a physician concerning use of Company’s Facility, Services, or equipment that will not risk injury to User or impairment of User’s health.
Such risk of injury includes, but is not limited to, injuries arising from use by User or others of exercise equipment and machines; injuries arising from participation by User or others in supervised or unsupervised activities or programs at the Facility; injuries and medical disorders arising from exercising at the Facility such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; and accidental injuries or illness occurring anywhere in the Facility.
User understands that the Facility is not always staffed. Company may, at its discretion, have video surveillance services or security cameras installed, but is under no obligation to do so and may remove them at any time without penalty. User is responsible for securing their belongings and agrees that Company shall not be liable for any damage or injury to person or property, regardless of any security measures taken by Company.
User understands that this waiver and release is intended to be as broad and inclusive as permitted by law and that if any portion hereof is held invalid, User agrees that the balance shall continue in full legal force and effect. User further agrees that if this waiver and release is not valid as such in the State of Texas, it shall be construed as a covenant not to sue.
6. NOTICE TO PURCHASER UNDER TEXAS OCCUPATIONS CODE CHAPTER 702.
The following terms found in this Section 6 shall include the following:
1. Purchaser shall include User as defined in this Agreement.
2. Member shall include User as defined in this Agreement.
3. Contract shall include this Agreement as defined above.
4. Health Spa shall include IQ Cardio, LLC and its Facility as defined in this Agreement.
5. Membership Plan shall include a single class or recurring access offered by IQ Cardio, LLC.
Notice to purchaser: do not sign this contract until you read it or if it contains blank spaces.
If you decide you do not wish to remain a member of this health spa, you may cancel this contract by mailing to the health spa by midnight of the third business day after the day you sign this contract a notice stating your desire to cancel this contract. The written notice must be mailed by certified mail to the following address: 3800 Austin Ct., Flower Mound, TX 75028. A refund due under this section shall be made no later than the 30th day after the date IQ Cardio, llc receives such notice.
If the health spa goes out of business and does not provide facilities within 10 miles of the facility in which you are enrolled or if the health spa moves more than 10 miles from the facility in which you are enrolled, you may cancel this contract by mailing by certified mail a written notice stating your desire to cancel this contract, accompanied by proof of payment on the contract to the health spa at the following address: 3800 Austin Ct., Flower Mound, TX 75028.
If you die or become totally and permanently disabled after the date this contract takes effect, you or your estate may cancel this contract and receive a partial refund of your unused membership fee by mailing a notice to the health spa stating your desire to cancel this contract. The health spa may require proof of disability or death. The written notice must be mailed by certified mail to the following address: 3800 Austin Ct., Flower Mound, TX 75028.
Upon request, Company shall prepare and provide User or prospective User with a comprehensive list, including pricing, that includes each membership plan Company offers for sale.
7. VENUE AND GOVERNING LAW.
All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Denton County, State of Texas and User consents to the exclusive jurisdiction of such courts.
Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served on or given to any Party shall be in writing and shall be deemed properly delivered or served when personally delivered to the Party to whom directed, or in lieu of such personal service, when sent by registered or certified U.S. mail, return receipt requested, postage prepaid, addressed to the Parties’ address as stated in this Agreement.
This Agreement may be modified, amended or supplemented only by a writing signed by Company.
Company may assign this Agreement without notice to or approval from User. User shall not assign this Agreement or their rights thereunder. Should Company assign this Agreement, this Agreement shall be incorporated by reference into any such assignment and any assignee shall comply with all the terms and conditions of this Agreement. This Agreement shall be binding among the parties hereto and their successors and assigns.
Failure by either Party at any time to require performance by the other Party or to claim a breach of any provision of this Agreement will not be construed as a waiver of any right accruing under this Agreement, nor affect any subsequent breach, nor affect the effectiveness of this Agreement or any part hereof, nor prejudice either Party as regards any subsequent action.
12. ENTIRE AGREEMENT.
This Agreement together with the Exhibits hereto constitutes the entire agreement between User and Company with respect to the subject matter hereof and no representation or statement not contained in the main body of this Agreement or such Exhibits shall be binding upon Company or User as a warranty or otherwise. In the event of any conflict between the terms of the main body of this Agreement and any of the Exhibits hereto, the terms of the main body of this Agreement shall govern.
Company agrees that notwithstanding the termination of this Agreement pursuant to Section 12 hereof, Section 5 shall survive any such termination and remain in full force and effect.
EXHIBIT A: USER POLICIES, RULES AND REGULATIONS
USE OF FACILITY. The Facility is designed as a timer-guided, multi-exercise circuit, and not as a single-exercise workout. To provide access to all Users, User must utilize the Facility as designed. Any User who is deemed to be causing disruption to the circuit style of the Facility may be asked to leave by Company or its staff, in their sole discretion without a refund.
REFUNDS. Refunds for single-workout access shall not be refunded for cancellation by User. If User must cancel, they shall be given a credit to use toward a free workout in the future.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, payment information (including credit card numbers, PayPal information), email address, and phone number. We refer to this information as “Order Information.”
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use PayPal and Square to power our online store--you can read more about how PayPal and Square use your Personal Information here: https://www.paypal.com/us/webapps/mpp/ua/privacy-full and https://squareup.com/us/en/legal/general/privacy-no-account. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising at GOOGLE - https://www.google.com/settings/ads/anonymous. Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
The Site is not intended for individuals under the age of 16.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com or by mail using the details provided below:
3305 Long Prairie Rd Ste 130, Flower Mound, TX, 75022, United States