Terms & Conditions
By signing this contract (electronically or otherwise), enrolling online, and/or attending classes, events, activities, and other programs of Studio Three whether online or in a facility or using Studio Three equipment of any kind, you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns (collectively “you” and/or “yourself”), that (a) there are certain inherent risks and dangers in the strenuous nature of the workout program; (b) you have voluntarily chosen to participate in an intense physical exercise program, (c) Studio Three strongly recommends that you consult with your physician prior to commencing any classes; (d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death; and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages Studio Three, its instructors, members and employees for any injury, harm or loss you may suffer, including death, as a result of participation in any activities at or directed by Studio Three.
If you are enrolling a minor (15-18) years of age, or older if applicable (in the minor’s state of residence), the above release applies equally to the minor. No one under 15 years of age may participate. A minor 15-18 years of age may participate only with a parent or legal guardian present.
Since the terms and conditions of this agreement may change, you should regularly check this posting to ensure you have reviewed and understand its terms and conditions prior to participating in any Studio Three activity, class, event or program of any kind.
SPECIAL LIMITATION OF LIABILITY DURING THE CORONAVIRUS/COVID-19 PANDEMIC
Studio Three and its employees recognize the severity of the coronavirus pandemic and, as a result, have instituted preventative measures to reduce the spread of COVID-19; however, Studio Three cannot guarantee that you, your family, or your guests will not become infected with COVID-19. It is possible that attending classes, events, programs, and/or activities at Studio Three may place you in close physical contact with other members, attendees and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. You hereby acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 at the Studio Three facilities and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death. You understand the risk of becoming exposed to or infected by COVID-19 at Studio Three may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, Studio Three’s employees, members, and attendees.
You also expressly agree that Studio Three is not obligated to conduct temperature checks to those seeking admittance to its facilities and, further, should it implement temperature checks, Studio Three is not undertaking a duty to continue temperature checks for any length of time. If temperature checks are conducted you expressly agree to allow employees of Studio Three to deny you admittance to its facilities if you either refuse to have your temperature taken or after having you temperature taken test positive for a fever. Also, if any Studio Three employee believes you are ill for any reason you agree that in an effort to limit the spread of COVID-19 (and other diseases) they may ask you to leave, remove you from the premises and deny admittance to Studio Three facilities.
Furthermore, you also agree that should the State of Illinois, the County of Cook or the City of Chicago request information from Studio Three as part of a contact tracing program designed to trace the infection of COVID-19, you expressly authorize Studio Three to provide whatever information in its possession relating to you for such a purpose.
WAIVER OF CLAIMS
By signing this document (electronically or otherwise), enrolling online, and/or attending in person classes, events, activities, and/or other programs and/or entering the Studio Three facilities and using its equipment of any kind, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members and/or guests in connection with attendance at Studio Three or as a result of participation in any of Studio Three’s classes, activities, events, or programs (“Claims”); and (b) covenant not to sue or otherwise encumber, Studio Three, its owners, directors, instructors, clients, and employees, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of Studio Three, its owners, directors, instructors, clients, members, and employees, whether a COVID-19 infection occurs before, during, or after attending Studio Three’s facilities or participating in any way one of Studio Three’s classes, events, activities, or programs.
GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
If you use the Website or the App, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Website, use the App, or communicate with Studio Three via email, you are communicating electronically. You consent to receive communications from Studio Three electronically. Studio Three will communicate with you by email or by posting notifications on the Website and/or the App. You understand and agree that all agreements, notices, disclosures, and other communications that Studio Three provides electronically satisfy any legal requirement that such communications be in writing.
USER PROVIDED INFORMATION
Studio Three does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided to Studio Three. Personal information might be obtained from online transactions such as class/membership purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website or App. Any personal identification information retrieved by Studio Three must be voluntarily submitted by the user.
Studio Three may use the information provided to contact you with important information, required notices, and marketing promotions.
AUTOMATICALLY COLLECTED INFORMATION
The Website and App collect some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website and App, which allows Studio Three to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.
Studio Three makes every effort to ensure that all of the transactions that occur on the Website and App are secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website and App. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
WHAT IS A SECURE CONNECTION?
When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.
Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from // or //. The additional ‘s’ stands for ‘secure’ and indicates a secure connection to the Studio Three website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as //, then any data exchanged with the website is potentially visible to others.
Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.
A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites – the website that creates a cookie is the only one a browser will permit to access it.
HOW INFORMATION IS USED
The following are examples of how Studio Three might use the personal information collected through the Website and/or App:
* If you purchase a Studio Three class package or membership, sign up for a Studio Three class, or purchase Studio Three retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.
* If you indicate that you are interested in receiving Studio Three related news and information, you may receive emails to the email address you provided as part of the registration process.
For the non-personally identifiable information collected throughout the Website or App:
* Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website, the mobile application, and the overall Studio Three experience.
You can help Studio Three maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. Studio Three will never share telephone numbers, email addresses, or any personal data with third parties.
Studio Three reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.
PRIVACY OF MINORS
If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. Studio Three does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 18. Registration of a minor (ages 15-17) must be completed in person at one of our studios with a parent or guardian. Minors (ages 15-17) who meet the minimum height requirement of 4”11” and who have submitted a Minor New Rider Waiver Form signed by a parent or guardian, may sign up for classes online.
If Studio Three discovers that a minor without a signed participant/registration waiver has submitted personal information, Studio Three reserves the right to delete such information. Studio Three does not seek or share personal information from minors throughout the Website or App.
In order to make a reservation, you first must purchase or have an active membership or class package on account. To buy an individual class, class package, or membership online, create an account at www.studiothree.com or login and purchase the desired package.
You should be aware that classes and memberships expire, and future prices are subject to change. We accept MasterCard, Visa, Discover and American Express. Cash payments may only be made in a Studio Three studio. You can reserve classes online up to 1 week in advance (Tuesday through the following Monday), but not later than 2 hours prior to class time. Deadlines apply regardless of available functionality.
Your credit/debit card will be charged for your order when you submit your reservation. Studio Three will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Studio Three may incur in its efforts to collect any unpaid balances from you.
CANCELLATION POLICY: Cancellations must be complete by 5pm the day before the class reservation to avoid a fee. If you are not feeling well and it is past the 5pm window, please email the studio or the studio manager to let them know so that we can credit your reservation back to your account and waive your fee. We do respectfully ask that if you are not feeling well you do not come to the studio until you are symptom-free or fever free for at least 72 hours. Example: If you cancel a class on Friday evening for Saturday morning, we ask that you do not attend until at least Tuesday.
All late cancellations and no-shows will be charged to your account. Unlimited Membership holders will be assessed a fee of $15 per incidence for any late cancellation and $25 for no-shows. Package holders will be assessed a $15 fee for no-shows, including the loss of the class session.
LINKS/THIRD PARTY WEBSITES
Studio Three has not reviewed all the sites linked to the Website and/or App, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the Studio Three logo, please understand that it is independent from Studio Three, and that Studio Three has no control over the content of that website and/or app.
Going to third party or off-site websites from the Website and/or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with Studio Three.
INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of Studio Three are proprietary to Studio Three and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, Studio Three. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Studio Three, is strictly prohibited.
You acknowledge that Studio Three and/or third party content providers remain the owners of all Website and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. Studio Three may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.
NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of Studio Three to use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website and/or App or accessed through this Website and/or App. You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of Studio Three material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website and/or App in connection with the sale or resale of any Studio Three products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, Studio Three material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, User’s permission to use Studio Three material will automatically terminate and any copies made of Studio Three material must be immediately destroyed.
Any unauthorized use of Studio Three material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will Studio Three be liable for any direct, indirect, special, or other consequential damages resulting from your use of their facilities, the Website, the App, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Studio Three expressly advised of the possibility of such damage.
All information is provided by Studio Three on an “as is” basis only. Studio Three provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
CHOICE OF LAW
This agreement is governed by the laws of the State of Illinois, without regard to Illinois’s choice of law provisions. Any claim arising out of your use of this Website or App must be brought in Illinois.
Occasional changes may be made to this document as new services, programs and/or content to Studio Three’s Programs (including but not limited to courses, the Website or App) to reflect changes in Studio Three policies. The Terms and Conditions may be revised at any time by updating this posting. By using Studio Three’s facilities, the Website or App, and attending classes(either on line or in person) you agree to be bound by any such revisions. Users are encouraged to check this document periodically to stay informed of current privacy guidelines.
LATE ARRIVALS: For safety reasons and to ensure everyone is properly warmed up, please be on time for class. Any vacancies may be given to waitlist participants 5 minutes before the session begins. For everyone’s safety, there will be no access to classes once they have started.
WAITLIST POLICY: If you are unable to get in a class you desire because it is fully booked, we highly recommend putting yourself on the waitlist. You must purchase or have an active class package or membership before you can reserve a spot on the waitlist. If you don’t receive a spot in your desired class, a class credit will remain in your account for use on future classes; the cost of the class is not refundable.
If a spot becomes available for which you have been waitlisted before the reservation window closes, you will automatically be enrolled. You will receive an email confirming your enrollment into the class from the waitlist. If you are no longer interested in a class for which you are on the waitlist, you must remove yourself from the waitlist (online or by calling the studio and speaking with someone live) or you risk being charged whether or not you attend.
If a spot that you have been waitlisted for opens after the 2 hour window before class, we will email and/or call you and all other waitlisted clients to inform you of the available spot. We will not enroll anyone until we speak with someone directly. When it is after the 2 hour window of class closing, the first client we speak with live will be enrolled.
We do not offer the option of swapping classes. If you are scheduled for one S3 class and then receive a spot from the waitlist for a different S3 class, you will be charged for both classes unless you cancel one of them before the 12 hour cancellation window.
If you are interested in attending an upcoming class and the booking window is already closed, we encourage you to call the studio to see if a spot is open If there is room, our team will be happy to reserve it for you. You are also welcome to come to the studio to see if a spot is/becomes available but be aware that any waitlisted clients physically present will take priority over drop in clients. Your account will be charged upon confirmation of a spot in class.
PURCHASE & REFUND POLICY: Classes and instructor assignments are subject to change. Pricing is subject to change without notice. All class packages are non-transferable and non-refundable; there are no exceptions. Single classes expire 30 days and 5 class packages expire 45 days from date of purchase. 10 class packages expire 3 months from the date of purchase. 20 class packages expire 9 months from the date of purchase. 50 pack packages expire 1 year from the date of purchase. Unlimited and Flex packages expire 31 days from the date of activation. Unlimited and Flex packages are activated at the time of purchase. For health and safety reasons, all unlimited packages are limited to 1 class per day, and class participants must be 18 years of age or older unless otherwise noted. No one under the age of 15 is allowed in Studio Three without parental/guardian supervision. Unused retail merchandise may be returned for a refund or exchanged within 7 days of purchase.