© 2018 ClubZEI Fitness

  • White Facebook Icon
  • White Instagram Icon
  • White Yelp Icon

TERMS

TERMS AND CONDITIONS

 

CLUBZEI TERMS OF SERVICE

 

OVERVIEW

All customers of ClubZEI, LLC (“ZEI”, otherwise referred to as “we”, “us” and “our”) and visitors to www.clubzei.com are subject to the following terms and conditions (the “Terms of Service”).  Please read the Terms of Service carefully before using the services offered by ClubZEI as it contains important information regarding your legal rights, remedies and obligations.  By visiting our website or using our services, you agree that you have read and agree to be bound by and a party to the Terms of Service and agree to abide by all applicable laws and regulations.  If you do not agree to all of the terms and conditions hereto, then you may not access our website and please immediately discontinue your use of our services.  We reserve the right to discontinue any part of the ClubZEI website or our services at any time. 

GENERAL STATEMENT

PRIVACY, PERSONAL DATA & COMMUNICATIONS

If you use the ClubZEI website and/or create a ClubZEI account, you are responsible for maintaining the security of your account password and for restricting access to your computer or device.  When creating your account, you must provide accurate and complete information.  You are solely responsible for all activities that occur under your account.  You agree to notify ClubZEI immediately of any unauthorized use of your account or any other breaches of security thereof.  For more information on our Privacy Policy, see Section 5 below. 

When you visit the ClubZEI website or communicate with ClubZEI via email, you are communicating electronically. You consent to receive communications from ClubZEI electronically.  We may communicate with you by email or by posting information on the website.  You understand and agree that all agreements, notices, disclosures, and other communications that we provides you electronically will satisfy any legal requirement that such communication is in written form.

When you provide us with your mobile phone number, you agree that ClubZEI may send you text messages (including SMS and MMS) to that phone number. ClubZEI may send you up to 10 messages per month. You may opt-out at any time by texting the word STOP. Texts may be sent through an automatic telephone dialing system. Consent is not required to purchase our goods or services. You agree to notify us of any changes to your mobile number and update your account to reflect this change. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

MODIFICATIONS TO THE TERMS OF SERVICE 

ClubZEI reserves the right, in its sole discretion, to update, change, modify or revise any part of these Terms of Service, and you agree to be bound by such modifications or revisions.  It is your responsibility to check these Terms of Service periodically for changes. Your continued use or access to the website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.  ClubZEI may also, in the future, offer new services and/or features through the website and any such features and/or services shall be subject to the terms and conditions of these Terms of Service.

MODIFICATIONS TO THE CLASS SCHEDULE

ClubZEI reserves the right, in its sole discretion, to update, change, modify or revise any class on the class schedule and/or substitute an instructor for a class at anytime without notice.

RESERVATIONS/CHARGES

You acknowledge that ClubZEI charges fees for its services.  In order to make a reservation, you must first own a single class, series or monthly membership.  To buy a single class, series or monthly membership online, you can either create a ClubZEI account, or if you already have one, you can login to buy a series and make a reservation.  Please note that classes and series do expire and that ClubZEI reserves the right to changes its fees from time to time in the future.  We accept most major credit cards.  Your credit/debit card will be charged for your order when you submit your purchase.  As soon as your charge is approved, your class credits or unlimited monthly will be delivered to your account.  In the event that such credit/debit card information is incorrect, expired, over-the-limit, or otherwise not approved, we will not process the charge.  If you fail to pay any charges or fees when due, ClubZEI may terminate your privileges at any time, without any warning and you will not be entitled to a refund of any unused portion of your series or other fees.  Moreover, you shall be responsible and liable for any fees, including collection costs and attorney’s fees, that we may incur in an effort to collect any unpaid balances from you.  Class credits purchased will not be entitled to a refund. Monthly unlimited membership is charged on a month to month basis.  The monthly unlimited membership is charged at the beginning of each month and is not eligible for a refund after it has been charged.  It requires at least a 30 day prior written notice of cancellation to avoid any future charges.  To cancel your membership, please email info@clubzei.com to confirm your cancellation.  

CANCELLATION POLICY

In order to cancel a space reserved in a ClubZEI class and return it to your account, you must cancel your reservation 12 hours prior to the class time.  If you cancel 12 hours prior to the class time, your class credit will be returned to your account to be used at a future date.  If you do not cancel 12 hours prior to the class time, the credit will not be returned to your account.

You can cancel your reservation in the following ways: (1) Log into your account, find the class you want to cancel under "My Classes" and press Unreserve; or (2) Call the studio at 626-888-1148 to have a member of our staff cancel the class for you.

Please make sure you arrive 15 minutes prior to the class time to get checked in at the studio.  In fairness to all customers, if you are not signed in at the studio 5 minutes before the class begins, you may lose your reserved spot.  ClubZEI classes start on time and we do not allow late entry in order to avoid disruptions.

PRIVACY

ClubZEI understands the importance of privacy.  The following privacy provisions contained in this Section 5 apply to information, including personal information, we receive and collect when you use any of the features offered on or website.  Personal information is information or a combination of pieces of information that could reasonably allow you to be identified.  Please read this Section 5 before using the website or submitting any personal information.  By using the ClubZEI website, you are accepting the terms and conditions contained herein.  We reserve the right to modify this privacy policy at any time, so please review it frequently.  You are encouraged to review it whenever you visit the website to make sure you understand how any personal information you provided may be used.  The ClubZEI website might contain links to non-ClubZEI sites.  We are not responsible for the privacy policies of those sites and we recommended you review the privacy policies of each site you visit.

USER PROVIDED INFORMATION

We collect personally identifiable information such as names, postal addresses, email addresses, credit card information, etc. when such information is voluntarily submitted by visitors to our website.  We might also obtain personal information directly from you when you choose to register with our website, register for classes, or make any purchases thereon.  Moreover, personal information may be transmitted as part of a form submission or in connection with other activities or services available on our website.  All personal information must be voluntarily submitted by the user.  You can help ClubZEI maintain the accuracy of your personal information by updating your account when you change any such information.

ClubZEI may use the information provided to contact you with important information, mandatory notices, or any other marketing or promotional correspondence we deem applicable.

AUTOMATICALLY COLLECTED INFORMATION

When you visit our website or use our services, certain information may automatically be collected through the browser or potentially from other commercially available sources, such as carriers or third party data aggregators.  This data may be used to manage the website, track usage, and improve our website or services.  All of the information we collect about you may be combined to help us tailor our communications to maximize your customer experience with ClubZEI.  

USE OF INFORMATION

We use the information we collect to provide the products and services you request, to tell you about other products and services offered by ClubZEI and to manage our website and services.  For example, we may use the information we collect about you to process payments, create and manage your account, protect against or identify possible fraudulent transactions, develop new products and services, develop and provide tailored advertising, further optimize the effectiveness of the website and the overall ClubZEI experience, or to enforce the Terms of Service and otherwise manage our business.  We may also record information about your usage of the ClubZEI website.  If you are logged in, we may associate that information with your account.  Moreover, we may use web beacons in HTML-based emails sent to our users to track which emails are opened.  We may also use your email address to send update, newsletters, or other ClubZEI news.  You may choose not to receive these emails by using the opt-out instructions contained in such emails or by changing the notification settings under your ClubZEI account.  We reserve the right to send you important notices about your account, even if you opt out of all voluntary email notifications.

INFORMATION SECURITY

ClubZEI is committed to keeping personal information secure.  We provide technical, administrative and physical procedures in place to protect personal information we process and maintain.  We limit the access to personal information to authorized employees and contractors who have a business need to know that information.  We take reasonable steps and use industry standard methods to protect and safeguard all personal information.  Nevertheless, no security system can prevent all potential breaches.

COOKIES

The ClubZEI website may use cookies and tracking technology depending upon which features are offered.  A cookie is a small file downloaded to your computer when you visit a site, which can be interrupted by the site that issued the cookie.  Similar to many other websites, we may use cookies to monitor how our site is used and to track the number of visitors to help personalize the online experience. 

If you are concerned about cookies, you can accept or decline cookies.  Most browsers automatically accept cookies.  You may set your browser to reject cookies, but that may make some functions of the Website unusable.

PRIVACY OF MINORS

Children under the Age of 12: The ClubZEI website is not intended for anyone under the age of 12.  We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register.  If you are under the age of 12, please do not attempt to register on our website or send any personal information about yourself to us, including your name, address, telephone number or email address.  Any registration by, use of, or access to the website by anyone under the age of 12 is unauthorized, unlicensed and in violation of the Terms of Service.  If we learn that any personal information has been submitted from anyone under such age, we will delete that information as quickly as reasonably possible.  If you believe that this situation has occurred, please contact us at info@clubzei.com.

Children Over the Age of 12: Minors between the ages of 12 and 18 may register and use the website only with the involvement of a parent or guardian. 

INTELLECTUAL PROPERTY RIGHTS

The content on the ClubZEI website, including, without limitation, data, text, graphics, interactive features, logos, photos, videos, sounds, software, and all other materials, as well as the selection, organization, compilation and overall look and feel of the ClubZEI website (collectively, the “Materials”) are the intellectual property of ClubZEI, our licensors and our suppliers. The Materials are protected by copyright, trade dress, patent, trademark, other applicable laws, and proprietary rights.  All ownership rights to the Materials remain with ClubZEI, our licensors and our suppliers, as the case may be.  All trademarks, service marks, and trade names are proprietary to ClubZEI or our affiliates and/or third party licensors.  You agree not to sell, license, distribute, copy, download, modify, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials without the prior written consent of the respective owners of such Materials.

OPTIONAL TOOLS & THIRD PARTY LINKS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third-party tools and we assume no responsibility for the content, privacy, policies or practices of any third-party sites.  Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  Any new services and/or features offered through the website in the future shall also be subject to the Terms of Service.

Certain content, products, and services available via our website may include materials from third-parties for which we are not responsible for examining or evaluating the content or accuracy thereof.  We are not responsible for the content of any third-party links or off-site pages that are not affiliated with us.  Although a third-party website may contain the ClubZEI logo, please understand that it is independent from us and that we do not have control over the content of that website.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please carefully review all third-party policies and make sure you fully understand them before you engage in any transactions.  All complaints, concerns or questions regarding third-party sites should be directed to that third-party.

MOBILE SERVICES

Certain ClubZEI services may be available via your mobile device, including, but not limited to, (1) the ability to book and/or purchase ClubZEI services; (2) the ability to receive and reply to ClubZEI messages; (3) the ability to browse the ClubZEI website; and (4) the ability to access certain information and features through a mobile application you have downloaded and installed on your mobile phone (collectively, the “Mobile Services”).  ClubZEI does not charge for these mobile services.  Please note, however, that your mobile device carrier’s normal messaging, data and other rates and fees are still applicable.  You should check with your carrier to find out what fees may apply.  Moreover, downloading, installing, or using the Mobile Services may be prohibited or restricted by your carrier and not all such services may work with all devices and/or carriers.  Please check with your carrier to find out which Mobile Services, if any, are available for your specific devices and what restrictions, if any, may apply.  By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

The ClubZEI website is provided “as is”.  ClubZEI and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.  We do not guarantee, represent or warrant that your use of our website or our services will be uninterrupted, timely, secure, or error-free.  You expressly agree that your use of the, or inability to use, the service is at your sole risk.  ClubZEI cannot guarantee and does not promise any specific results from the use of the ClubZEI website or our services.

In no event will ClubZEI, our direct and indirect parent, affiliate entities, and each of their respective officers, directors, members, shareholders, employees, instructors, teachers, staff, representatives, consultants, and agents, and each of their respective successors and assigns and all others, be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special, or consequential damage of any kind, including, without limitation lost profits, lost revenue, lost savings, lost data, lost programs, business interruptions, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the website, our services, or for any other claim related in any way to your use of the website or our the services. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.  You specifically acknowledge that ClubZEI shall not be liable for defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests solely with you.

WAIVER & RELEASE

By signing up for and/or attending classes, activities, events, and other programs (collectively, the “Classes”) and by using the premises, facilities, equipment, or any other venue or location where ClubZEI is providing services (collectively, the “Facilities”) of ClubZEI, you hereby acknowledge on behalf of yourself, your heirs, executors, personal representatives and/or assigns, that there are certain inherent risks and dangers in the practice of group fitness classes and related activities in connection with the Classes and Facilities.  You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries.  You further acknowledge that the specific risks vary, but can range from (1) minor injuries (including but not limited to, scratches, bruises, sprains, etc.); (2) major injuries (including but not limited to, eye injury, loss of sight, joint or back injuries, heart attacks, concussions, etc.) and (3) catastrophic injuries (including but not limited to paralysis and death).  You hereby agree that at all times, you shall comply with all stated and customary terms, posted safety signs, rules, and any other verbal instructions provided by staff.  If at any time a member of ClubZEI’s staff determines (in their sole discretion and authority), that you may be at physical risk to participate in ClubZEI’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you provide ClubZEI with a medical opinion letter from a physician (at your sole cost and expense) stating that you are allowed to participate.  In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (a) agree to assume full responsibility for any and all injuries or damages which are sustained or aggravated by you in relation to the Classes and Facilities; (b) release, indemnify, and hold harmless ClubZEI, its direct and indirect parent, affiliate entities, and each of their respective officers, directors, members, shareholders, employees, instructors, teachers, staff, representatives, consultants, and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities; and (c) represent that you (i) have no medical or physical condition that would prevent you from properly using the Classes and Facilities; (ii) do not have a physical or mental condition that would put you in any physical or mental danger; and (iii) have not been instructed by a physician to not participate in physical exercise.  You acknowledge that if you do have any chronic conditions or disabilities, you are at risk of using Classes and Facilities, and should not be participating in any ClubZEI programming.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ClubZEI, and our direct and indirect parent, affiliate entities, and each of their respective officers, directors, members, shareholders, employees, instructors, teachers, staff, representatives, consultants, and agents, and each of their respective successors and assigns and all others harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of the Terms of Service or the documents it incorporates by reference, or your violation of any laws or the rights of a third-party.

ACCURACY OF COMPLETENESS OF INFORMATION

ClubZEI is not responsible if information made available on the website is not accurate, complete, or current.  The material provided is for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary sources as well.  Any reliance on this website is at your own risk.

TERMINATION

The Terms of Service shall remain in full force and effect while you use our website, our services, or have a ClubZEI account. ClubZEI may terminate your access to all or any part of the ClubZEI website at any time, with or without cause, with or without notice, effective immediately.  If you wish to terminate the Terms of Service or your ClubZEI account, you may simply discontinue using our services.  All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnity and limitations of liability. 

ASSIGMENT

The Terms of Service and any rights and obligations granted hereunder, may not be transferred or assigned by you.  ClubZEI, in its sole discretion, may fully assign the Terms of Service without any restrictions. 

SEVERABILITY

In the event that any provision of the Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Service.  Such determination shall not affect the validity and enforceability of any other remaining provisions which shall remain in full force and effect.  No waiver of any term or condition of the Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term, and ClubZEI’s failure to assert any rights or provisions hereof shall not constitute a waiver of such rights or provisions.

GOVERNING LAW

The Terms of Service, the ClubZEI website, and your use hereof, shall be governed by and construed in accordance with the laws of the State of California, without regard to California’s choice of law provisions.  Any claim or dispute that arises in whole or in part from your use of this website must be brought in the federal or state court located in Los Angeles Country, California, United States, and you hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

CONTACT INFORMATION

Please contact us by email at info@clubzei.com , by telephone at 626-888-1148 or by mail to ClubZEI;  2551 Via Campo, Montebello, CA 90640 with any questions regarding the Terms of Service.

*ClubZEI reserves the right to change class schedules, instructors, and/or class type at any time. Class passes for the originally scheduled class will applied to replacement class/format/instructor or class with comparable/equal or lesser cash value.