3. Default and Late Payments. Should you default on any payment obligation as called for in this Agreement, Recover Lab will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs and attorneys’ fees. A default occurs when any payment due under this Agreement is past due for more than ninety (90) days. A RETURN ITEM FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS, OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN (10) DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. Recover Lab has a right to suspend services if a scheduled invoice is not paid, and you consent that such a suspension of services is reasonable. This provision is subject to any applicable local, state or federal laws.
4. Authorization for Preauthorized Payments. (All references to “I” or “me” in this section of the Agreement is a reference to “you” and the “Buyer” if that is not the same as the “Member”).
By signing below, I am authorizing Recover Lab Physical Therapy, Inc., located at 1099 E. Champlain Dr., Ste A #103, Fresno, CA 93720, and/or a third-party billing company selected by them to initiate transfers, whether by EFT or ACH transfer, from the designated bank account tied to this Agreement for purposes of paying, on a recurring basis, all or a portion of the dues, fees and charges which I owe under the Agreement. I understand and agree that: (a) dues, fees and charges include, but may not be limited to, enrollment fees, membership dues, service charges, late fees, applicable taxes, and/or fees for uncollected monthly dues; (b) Recover Lab, and/or their designated third-party billing company, may transfer funds from my designated account for any retail transactions or online purchases initiated by me; (c) dues, fees and charges will be drawn on or about the dates set forth in the Payment Schedule; (d) this preauthorization will remain in effect until all of my payment obligations under the Agreement have been satisfied; (e) charges may appear in my bank statement under a prefix followed by Recover Lab/my studio’s name, phone number and state; (f) debited amounts may vary each month based on additional amounts which I may owe under this Agreement, and that while I am entitled to receive notice at least Ten (10) days before being charged, by signing this authorization, I am choosing instead to get notice only when the amount due would differ by more than Fifty Dollars ($50.00) from my most recent payment; (g) billing inquiries can be directed to Recover Lab, and/or their designated third-party billing company, at their business phone number. I expressly authorize Recover Lab, and/or their designated third-party billing company, and any of its subsidiaries or affiliates, to contact me regarding any matter related to the billing of my account, whether by phone, email or SMS text communication (please note SMS text charges may apply).
5. Buyer’s Rights in California.
5.1 RESCISSION. You, the Buyer, may cancel this Agreement at any time prior to midnight of the fifth (5th) business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this Agreement, mail, email or deliver a signed and dated notice that states that you, the buyer, are cancelling this Agreement, or words to similar effect.
The notice shall be sent via email from an email address on file with the health studio; or
Sent by first-class mail to: Recover Lab Physical Therapy, Inc., 1099 E. Champlain Dr., Ste A #103, Fresno, CA 93720; or
Delivered in person to: Recover Lab Physical Therapy, Inc., studio location of 2888 E Shepherd Ave Suite 107, Fresno, CA 93720.
5.2 WARNING. 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 damaged 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. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use, or exchange of anabolic steroids.
5.3 PERFORMANCE. Recover Lab’s performance of the agreed-upon services shall begin within Six (6) months after the date this Agreement is entered into.
5.4 MAXIMUM TERM. Under no circumstances shall the term of this Agreement exceed Three (3) years.
5.5 MAXIMUM PAYMENTS. Under no circumstances shall the total payments under this Agreement be in excess of Four Thousand Four Hundred Dollars ($4,400), inclusive of any initiation or membership fees and exclusive of interest or finance changes.
6. Cancellation Terms.
6.1 CANCELLATION RIGHTS. After expiration of the Five (5) day rescission period, you may cancel this Agreement only if you qualify as follows:
(a) Your Agreement exceeds a certain amount.
(i) If this Agreement requires that you make payment between $1,500 and $2,000, then you have Twenty (20) days from the date you sign the Agreement to cancel and seek a refund for your unused prepaid services.
(ii) If this Agreement requires that you make payments between $2,001 and $2,500, then you have Thirty (30) days from the date you sign the agreement to cancel and seek a refund for your unused prepaid services.
(iii) If this Agreement requires that you make payments for $2,501 or more, then you have Forty-Five (45) days from the date you sign the Agreement to cancel and seek a refund for your unused prepaid services.
(iv) If this Agreement requires that you make payment between $0 and $1,499, then subsections (i), (ii) and (iii) above shall not apply, and cancellation of this Agreement shall only be permitted as described herein.
(b) You are disabled, or you die. If, by reason of death or disability, you are unable to receive all services for which you contracted, then you or your estate may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any prepaid sums. A “disability” means a condition which precludes you from physically using the facilities, and your disability must be verified by a physician. Recover Lab shall retain the value for services already provided prior to your death or the onset of disability.
(c) You move. If you move more than Twenty-Five (25) miles from the studio where you enrolled, then you may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any prepaid sums. Recover Lab may charge a one-time “move fee” of One Hundred Dollars ($100); or, if more than half the life of the membership has expired, a “move fee” not to exceed Fifty Dollars ($50).
(d) The Recover Lab studio where you signed up for services closes or relocates. If the Recover Lab where you have a membership closes or relocates more than twenty-five (25) miles from its original location, then you may cancel this Agreement, without penalty, and receive a pro rata refund, where applicable, for any prepaid sums.
(e) Recover Lab eliminates or substantially reduces the scope of its facilities. If the studio where you have a membership eliminates or substantially reduces the scope of its facilities that are described in this Agreement, in an advertisement relating to this specific location, or in a written offer, then you may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any prepaid sums. You may not cancel under this provision if Recover Lab temporarily takes facilities out of operation for reasonable repairs, modifications, substitutions, or improvements. You do not have a right to cancel under this provision because of changes to the type or quantity of classes or equipment offered by Recover Lab, which changes are expressly permitted.
6.2 TERMINATION OF PREPAID MEMBERSHIP. If you do not qualify for rescission or cancellation as described above, then you may not terminate your prepaid membership prior to the end of the Initial Term. Once your Initial Term ends, your prepaid membership will expire automatically. To avoid a lapse in your ability to use Recover Lab's facilities or services, please speak to a sales manager at least thirty (30) days prior to the end of your Initial Term.
6.3 TERMINATION OF RECURRING DUES MEMBERSHIP. If your recurring dues membership is month-to-month, you may terminate this Agreement at any time without paying an early termination fee by providing Recover Lab with written notice thirty-one (31) days prior to your next Recurring Dues Billing Period. If you fail to provide at least thirty-one (31) days prior written notice you will be charged for the Monthly Dues Amount for the subsequent Recurring Dues Billing Period and your membership will terminate at the end of said subsequent Recurring Dues Billing Period. [If your Initial Term has not yet ended, then you may still cancel your membership with a thirty-one (31) day advance written notice, but you may be subject to an early termination fee, unless you rescind or cancel your membership for one of the reasons stated in Sections 6.1, 7.1, or 7.2 above. To avoid rolling over into auto-renewal, you must provide Recover Lab with written notice of your intention to cancel at least thirty-one (31) days prior to the expiration of the Initial Term. If your membership automatically renews, then you may cancel at any time without penalty by providing Recover Lab with a thirty-one (31) day advance written notice. Whether you are a month-to-month or fixed term member, once Recover Lab receives your written notice of cancellation, your membership will remain active until the expiration of your then-current billing cycle. Sessions not used by the expiration of your then-current billing cycle after sending in your notice of cancellation will be forfeited and lost, and no refund will be issued.
6.4 REFUNDS. Prepaid members who properly rescind or cancel under the terms of this Agreement will be issued a refund for any prepaid sums, less the value of services received, within the time period prescribed by state law. At your election, refunds may be processed electronically back to the credit card or designated account on file. Recover Lab has no obligation to pay a refund on Sessions or services that you have used.
6.5 NOTICE. All notices under this Agreement may be delivered in person to your home studio located at 2888 E Shepherd Ave Suite 107, Fresno, CA 93720, or sent via certified mail to Recover Lab Physical Therapy Inc., 1099 E. Champlain Dr., Ste A #103, Fresno, CA 93720.
7. Live In-Studio, Downloadable, Virtual, Streaming and Other Digital/Online Broadcasts. Subject to the terms and conditions of your membership, this Agreement, and any applicable fees we may provide you access to media and services in which you will be able to access online, virtual, streaming (live in-studio and downloadable), and other digital broadcasts of exercise, stretching, and related fitness programing without having a fitness instructor physically present (collectively the “Digital Activity”). As lawful consideration for being permitted by RECOVER LAB PHYSICAL THERAPY INC. to participate in the Digital Activity and the intangible value that you will gain by participating in the Digital Activity, you agree to all the terms and conditions set forth below and further contemplated in this Agreement YOU ARE AWARE ANO UNDERSTAND THAT ENGAGING IN ONLINE, VIRTUAL, STREAMING (LIVE IN-STUDIO AND DOWNLOADABLE), AND OTHER DIGITAL BROADCASTS OF EXERCISE, STRETCHING, AND FITNESS PROGRAMING, PARTICULARLY WITHOUT THE PRESENCE OF A FITNESS INSTRUCTOR, IS A DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE, WHETHER CAUSED BY YOU OR NOT. YOU FURTHER UNDERSTAND THAT THE RISKS VARY DEPENDING UPON THE FITNESS PROGRAMING IN EACH ONLINE, VIRTUAL, STREAMING (LIVE AND DOWNLOADABLE), AND OTHER DIGITAL BROADCASTS OF EXERCISE, STRETCHING, AND FITNESS PROGRAMING, AND YOU ARE SPECIFICALLY AWARE THAT THEY RANGE FROM (I) MINOR INJURIES SUCH AS BRUISES, SPRAINS AND BREAKS; TO (II) MAJOR INJURIES SUCH AS LOSS OF SIGHT, LOSS OF HEARING, CONCUSSIONS, JOINT OR BACK INJURIES, AND HEART ATTACKS; AND (III) CATASTROPHIC INJURIES SUCH AS PARALYSIS AND DEATH. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
You agree that RECOVER LAB PHYSICAL THERAPY INC. is providing the Digital Activity, as applicable, “as is” and disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose. You are aware and acknowledge that you should consult with your physician before participating in the Digital Activity, especially if you have any pre existing injuries, a history of heart disease, high blood pressure or other chronic illness, or are unaccustomed to physical exertion or have other physical limitations. You acknowledge and agree that before and during your engagement with the Digital Activity, you will (a) inspect your surroundings to ensure you have sufficient space to exercise safely, which includes ensuring that space is free from all obstacles and objects, and (b) inspect any equipment you intend to use, will use or are using for the Digital Activity to ensure it is safe. Understanding that exercising, stretching, and participating in the fitness activities depicted in the live broadcasts are dangerous, you agree to refrain from engaging with, or cease engaging with, the Digital Activity if you suspect that (i) your surroundings become unsafe; (ii) any portion of the Digital Activity may be beyond your physical ability; (iii) any fitness instruction is incompetent, or (iv) you otherwise feel unsafe engaging with the Digital Activity. You understand that RECOVER LAB PHYSICAL THERAPY INC. and its employees and/or contractors are not authorized to suggest any medical treatment to you. Only licensed medical professionals are qualified to give medical advice. You understand that you are hereby instructed not to act on any medical advice given during the Digital Activity unless such advice has been verified by your licensed medical physician.
8. Release of Liability; Indemnity; Assumption of Risk. PARTICIPATING IN THE DIGITAL ACTIVITY AND/OR USING THE STUDIO OWNED BY RECOVER LAB PHYSICAL THERAPY INC., INVOLVES THE RISK OF INJURY TO YOU OR YOUR GUEST(S), WHETHER YOU OR SOMEONE ELSE CAUSES IT. SPECIFIC RISKS VARY FROM ONE ACTIVITY TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES TO MAJOR INJURIES. SUCH AS CATASTROPHIC INJURIES INCLUDING DEATH. IN CONSIDERATION OF YOUR PARTICIPATION IN THE ACTIVITIES OFFERED BY RECOVER LAB PHYSICAL THERAPY INC., YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS RISK AND RELEASE RECOVER LAB PHYSICAL THERAPY INC., AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS AND INDEPENDENT CONTRACTORS THEREOF (THE “RELEASEES”), FROM ALL LIABILITY FOR ANY INJURY, INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY, OR MENTAL INJURY, ECONOMIC LOSS, OR ANY DAMAGE TO YOU, YOUR SPOUSE, GUESTS, UNBORN CHILD, OR RELATIVES, RESULTING FROM YOUR USE OF RECOVER LAB PHYSICAL THERAPY INC. AND ITS STUDIO, INCLUDING ANY INJURY RELATING TO THE ORDINARY OR GROSS NEGLIGENCE, ACTUAL OR PASSIVE, OF THE RELEASEES OR ANYONE ACTING ON THE RELEASEES' BEHALF OR ANYONE USING THE FACILITIES OF RECOVER LAB PHYSICAL THERAPY INC., WHETHER RELATED TO EXERCISE OR NOT. IN CONSIDERATION OF YOUR BEING ABLE TO PARTICIPATE IN RECOVER LAB PHYSICAL THERAPY INC. ACTIVITIES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS AGAINST ANY LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE CAUSED BY YOUR NEGLIGENCE OR OTHER ACTS OR OMISSIONS. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY THE RELEASEES FROM ALL LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS’ FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE BROUGHT BY YOU, YOUR GUESTS, OR MINORS, EVEN IF THE RELEASEES WERE NEGLIGENT. FURTHER, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES DO NOT MANUFACTURE FITNESS OR OTHER EQUIPMENT, BUT PURCHASE AND/OR LEASE EQUIPMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES AND RECOVER LAB PHYSICAL THERAPY INC. ARE PROVIDING INSTRUCTIONAL SERVICES AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE FOREGOING AND KNOW OF THE NATURE OF THE ACTIVITIES AT RECOVER LAB PHYSICAL THERAPY INC.
You certify that you have read the provisions of California Civil Code Section 1542 and have had an opportunity to consult your counsel regarding that section. You waive any and all rights under California Civil Code Section 1542, which states: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. You agree and acknowledge that the released claims extend to and include unknown and unsuspected claims.
9. Dispute Resolution. OTHER THAN A CLAIM FOR PERSONAL INJURY, OR A CLAIM BROUGHT IN SMALL CLAIMS COURT, YOU AGREE THAT ANY DISPUTE WITH RECOVER LAB PHYSICAL THERAPY INC., INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, MAY BE RESOLVED, FIRST, THROUGH INFORMAL DISCUSSIONS WITH RECOVER LAB PHYSICAL THERAPY INC.; THEN, IF UNSUCCESSFUL, BY NON-BINDING MEDIATION. IF A MEDIATOR CANNOT RESOLVE THE DISPUTE, THEN YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND CONSENT TO BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR UNDER THE THEN-CURRENT COMMERCIAL DISPUTE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN FRESNO, CALIFORNIA. YOU, AND RECOVER LAB PHYSICAL THERAPY INC., FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT WISH TO BE BOUND BY THIS DISPUTE RESOLUTION PROVISION, YOU MAY OPT OUT BY SENDING A WRITTEN NOTICE TO: RECOVER LAB PHYSICAL THERAPY INC., 1099 E. CHAMPLAIN DR., STE. A #103, FRESNO, CA 93720 WITHIN NINETY (90) DAYS AFTER THE DAY YOU SIGN THIS AGREEMENT. MEDIATION COSTS MUST BE SPLIT EQUALLY. ARBITRATION COSTS WILL BE BORNE BY RECOVER LAB PHYSICAL THERAPY INC. IN AN AMOUNT AS FAIRLY DETERMINED BY THE ARBITRATOR.
10. Other Terms and Conditions.
10.1 MEDICAL CONDITIONS. BEFORE PARTICIPATING IN THE DIGITAL ACTIVITY AND/OR USING RECOVER LAB’S SERVICES OR FACILITIES, YOU REPRESENT THAT YOU ARE IN GOOD HEALTH AND HAVE NO DISABILITY, IMPAIRMENT, INJURY, DISEASE, OR AILMENT, PREVENTING YOU FROM ENGAGING IN ACTIVE OR PASSIVE EXERCISE OR WHICH COULD CAUSE INCREASED RISK OF INJURY OR ADVERSE HEALTH CONSEQUENCES AS A RESULT OF EXERCISE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE RECOVER LAB FACILITY AND SHALL INDEMNIFY RECOVER LAB, ITS AFFILIATES, AGENTS AND EMPLOYEES, AGAINST ANY AND ALL DAMAGES ARISING OUT OF YOUR USE OF THE FACILITIES.
10.2 CUSTOMER SERVICE. Any questions about this Agreement or issues with your membership can be directed to a manager at Recover Lab, 1099 E. Champlain Dr., Ste A #103, Fresno, CA 93720, or by phone at the business phone number.
10.3 CHANGE IN MEMBERSHIP OR BILLING INFORMATION. You must promptly notify Recover Lab in writing of any changes in your billing information, address or telephone number. You expressly permit Recover Lab, or its authorized billing company, to obtain such updated information through payment card networks, card issuers or other third parties.
10.4 DRESS CODE. Proper athletic attire is required. Recover Lab reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
10.5 SMOKING. Smoking (including e-cigarettes, chewing tobacco, vapor pens) is prohibited at all times in the facilities of Recover Lab.
10.6 LOSS OF PROPERTY. You and guests are encouraged not to bring valuables onto the premises of the Recover Lab studio. Recover Lab shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, and other items left by you or your guests.
10.7 LATE CANCEL AND NO-SHOW FEES. You may lose a Session credit from your membership package, for every occurrence, where you make an appointment for a Session and do not show up for it or fail to cancel the scheduled session appointment at least Twenty Four (24) hours before the start of the session. You may be charged a “late cancel fee” not to exceed Fifteen Dollars ($15) when you book a Session and fail to cancel the scheduled appointment within at least Twelve (12) hours before the start of the session. A “no-show fee” not to exceed Twenty Dollars ($20) may apply if you reserve a session and fail to show for the session before the start time of the session. Specific fees for late cancel or no-show are available upon request at the Recover Lab studio.
10.8 DESCRIPTION OF SERVICES; HOURS OF ACCESS. The services of Recover Lab are Sessions that are One-on-One, or group instructed, and led by a trained instructor. In order to utilize Recover Lab's services or facilities, you must sign up for sessions as indicated by the studio, which may include online at its website, or by using its app as applicable. Your membership with Recover Lab shall include access to the studio or studios to which you purchased. Subject to the session scheduling requirement, Recover Lab intends to make available to all of its members during their respective Sessions the following equipment and services: padded benches and other stretch-related equipment or products such as yoga straps and foam rollers. Recover Lab offers 25 to 50 minute group and One-on-One assisted stretching services utilizing stretching tools or equipment. Recover Lab provides One-on-One and instructor-led group stretching sessions for member use and reserves the right to revise its list of equipment and services at any time for any reason. Recover Lab will post a schedule of sessions and specific hours of access either at the studio where you are a member, or online or through its app if applicable.
10.9 PRIVATE TRAINING. Any and all private training and/or Physical Therapy provided by Recover Lab shall be subject to the terms of this Agreement, as well as any additional terms and conditions set forth in a separate Private Training / Physical Therapy Addendum entered into between you and Recover Lab, if applicable. Use of private trainers not approved and employed by Recover Lab is prohibited at its studio. You may not train other members or guests, conduct business activities or solicit any business at the Recover Lab studio. Where offered, private training sessions are nontransferable and must be used at the studio where they are purchased.
10.10 GUESTS. Your guests are permitted to use Recover Lab studios, but only pursuant to such rules, regulations, fees, and schedules for guest use as then may be in effect. Recover Lab reserves the right to limit the number of times any one guest can use a Recover Lab studio and reserves the right to exclude any of your guests whose use of the studio, in the sole opinion of Recover Lab, would be detrimental to Recover Lab or any of its members or employees. All guests must complete a Guest Registration Form at the front desk with valid identification.
10.11 FREEZES. If you are temporarily unable to use the Recover Lab studio, you may request a freeze of your membership in monthly increments up to 3 months. You may be required to provide a written doctor's note at the time of requesting a freeze and must complete our Membership Freeze Form and return it to the manager of the Recover Lab studio. You acknowledge and understand that freezing your membership will extend the term of the Agreement and that you will still be obligated to pay your monthly dues as per your original Agreement until the minimum term has expired. A fee of Fifteen Dollars ($15) per month will be assessed for freezing your membership. Recover Lab reserves the right to adjust this freeze policy from time to time at its sole discretion. All requests must be received at least Fourteen (14) days prior to your next billing date period. Retroactive freezes will not be accepted.
10.12 USE BY MINORS. Minors under the age of Thirteen (13) are not permitted in the studio unless they are actively involved and enrolled in a class, Session, One-on-One Session, or group Session and they are accompanied by a parent or legal guardian. Minors between Thirteen (13) and Seventeen (17) may sign up for services and may use services at the studio unsupervised, provided that the child’s parent or legal guardian consents and signs the Recover Lab studio's then-current form of consent and waiver.
10.13 IMAGE USE; RECORDINGS. You understand that while on Recover Lab premises, your, or your minor child’s image (including live or recorded video images), may be used or shown on the Recover Lab website, print media, digital assets, or social media outlets (Facebook, Instagram, YouTube, etc.), and that by entering the premises you consent to the use of these images. You acknowledge the Recover Lab studio may be under continuous 24/7 video surveillance for security and training purposes. You further acknowledge that audio may be recorded for such purposes and, by signing below, grant your consent to the recording of any conversations you may have while on Recover Lab premises.
10.14 NON-DISCRIMINATION. Recover Lab represents that it will not discriminate against any person because of sex, race, creed, age, color, origin, sexual orientation, or ancestry in considering applications for memberships.
10.15 MEMBERSHIP TERMINATION. Recover Lab reserves the right to terminate your membership and access to the studio for any reason not expressly prohibited by law. In the event of termination, Recover Lab will notify you in person or send you a written notice of termination to your address on file and refund you any unused prepaid dues.
10.16 CHANGING THE TERMS, RULES AND REGULATIONS. Recover Lab may, at its sole discretion, change any term in this Agreement, which will become effective upon (a) Recover Lab providing you with written notice of the proposed change; and (b) giving you Thirty (30) days after your receipt of such notice in which to cancel your Agreement, penalty free, or renegotiate the change as to you. If, after a change is announced, you pay the following month’s invoice, you will be considered to have accepted the change.
10.17 ENTIRE AGREEMENT. Verbal agreements with a Recover Lab employee will not be accepted as valid. Except as expressly provided herein, only this Agreement, and all rules and regulations of Recover Lab, as revised from time to time, constitute the entire and exclusive agreement between you and Recover Lab, and supersede all prior written and/or oral promises, representations, and supersede all prior written and/or oral promises, representations, understandings and/or agreements relating to this membership purchase.
10.18 INVALID PROVISIONS. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will be valid and enforceable.
10.19 GOVERNING LAW. This Agreement shall be interpreted under the laws of the State of California. Any litigation under this Agreement shall be resolved in the courts of the State in which you execute this Agreement.
10.20 LIMITED LIABILITY. Unless prohibited by California law, any award by a court or arbitrator is limited to actual compensatory damages. Neither a court nor an arbitrator can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages.
10.21 PREVAILING PARTY. In the event of any litigation arising from breach of this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation.
10.22 CONSENT TO CONTACT. By signing below, you are giving Recover Lab and its authorized vendors consent to contact you by email to the email address as set forth on the face of this Agreement, or by text message or telephone call at the number provided herein for any matter related to your account, including collection of monies owed, alerts or notices regarding your purchased services, and promotions that may be of interest to you. You may update your communication preferences or revoke your consent to receiving promotional messages at any time.
10.23 ELECTRONIC SIGNATURES. The parties agree that this Agreement may be electronically signed. The parties agree that the electronic signatures tied to this Agreement are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By checking the box “I AGREE” or “I CONSENT,” or words to similar effect, and clicking enter, you acknowledge and agree that these actions constitute your electronic acceptance of the Agreement. The parties agree that the SMS-authenticated signatures tied to this Agreement are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By providing the studio employee the SMS PIN CODE provided via SMS during the agreement write-up process, you acknowledge and agree that these actions constitute your electronic acceptance of the Agreement.