Terms & Conditions
TERMS & CONDITIONS
APPLICATION OF TERMS AND CONDITIONS
These Terms & Conditions govern Studio Three Enterprises, LLC as well as its affiliates and subsidiaries (“Studio Three”) and communications from Studio Three, including information you provide to us on our website at www.studiothree.com (“Studio Three Website”) and mobile application (“Studio Three Mobile Application”).
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 (15-17) 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 15-17 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 these 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.
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 any municipality 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, before, during, or after attending Studio Three’s facilities or participating in any way one of Studio Three’s classes, events, activities, or programs.
You also (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the classes and studios, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless Studio Three, its affiliated entities, and each of their respective officers, directors, members, employees, representatives 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 studios, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Studio Three’s classes or studios, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Studio Three’s classes and studios, and should not be participating in any classes.
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.
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 (booking schedule opens Sunday at 5pm CST for Tuesday through the following Monday), but not later than 30 minutes 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 Studio Three at email@example.com 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, due to illness, for a Saturday morning class, we ask that you do not return to the studio 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.
Unlimited Memberships will continue to renew automatically on a continuous month-to-month basis until the subscription is canceled. Recurring membership charges will be charged to the card the member provides at the time of purchase (unless a new card is thereby provided). Further, if you have an Unlimited Membership, you authorize Studio Three to charge the card provided upon each renewal. Studio Three requires a minimum of 30 days notice before the next billing date for all membership cancellations. If canceled within 30 days, the full monthly amount will be collected on the next billing date and the member will have access to the studios until those 30 days have expired. Example: If a member’s billing date is on 15th of the month, they must inform the studio at least by the 15th of the month prior to fully process the cancellation and not have a charge applied to their account. By accepting the Terms & Conditions of membership at Studio Three, you waive rights to dispute charges applied to your account if you did not cancel your membership within the timing window described above.
You or your representative may also cancel your purchase for any of the reasons listed below. To do so, you must provide written notice, by email (firstname.lastname@example.org) or certified or registered mail to Studio Three, 670 N Clark St, FL 4, Chicago, IL 60654.
You may cancel your contract in any of the following scenarios:
- If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, Studio Three will refund you the purchase price of your unused class or classes.
- If you die, Studio Three will refund your representative the purchase price of your unused class or classes.
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.
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.
You agree that the arbitration of any dispute shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Studio Three or any other person.
WE EACH AGREE THAT ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY.
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 classes, the Website or Mobile 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 online 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 policy 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 (30 minutes before class), 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 within the 1 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.
We do not offer the option of swapping classes. If you are scheduled for one class and then receive a spot from the waitlist for a different class, you will be charged for both classes unless you cancel one of them before the 5pm cancellation window the day before class.
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 only 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 Memberships expire 31 days from the date of activation. Unlimited Memberships are activated at the time of purchase. For health and safety reasons, all Unlimited Memberships 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 as long as the tags are on and the merchandise appears to be unused/unworn in Studio Three’s sole discretion.
STATE-SPECIFIC TERMS AND CONDITIONS
Costs for Class Packages and Unlimited Memberships for all Studio Three locations located in Illinois are included on the Studio Three “Buy Classes” page. Please review details on the number of classes, pricing, and expiration dates on that page. Should you have any additional questions, please email us at email@example.com.
Your contract with Studio Three may be canceled within three business days after the first business day after the contract is signed by you, and all monies paid pursuant to said contract shall be refunded to you. Business day shall mean any day on which Studio Three is open for business. If you purchase a class at a studio which has not yet opened for business at the time the contract is signed, you shall have seven calendar days in which to cancel the contract and receive a full refund of all monies paid.
In the event of the relocation of your residence to farther than 25 miles from the center's facilities, and upon the inability of Studio Three to designate a new studio to attend, with comparable facilities and services within 25 miles of the your new residence, you may cancel the contract and shall be liable for only that portion of the charges allocable to the time before reasonable evidence of such relocation is presented to Studio Three, plus a fee which shall be the lesser of 10% of your unused credit balance, or $50.
If, because of death or disability, you are unable to use or receive all services contracted for, you, or your estate, shall only be liable for any used classes allocable to the time prior to death or the onset of disability. The studio shall in such event have the right to require and verify reasonable evidence of such death or disability.
Your notice of cancellation must be made via email (firstname.lastname@example.org) or certified or registered mail addressed to: Attn: CFO, Studio Three, 670 N Clark St, FL 4, Chicago, IL 60654. All refunds to which you or your estate are entitled shall be made within 30 days of receipt by Studio Three of the cancellation notice.
Costs for Class Packages and Unlimited Memberships for the Studio Three location located in Texas are included on the Studio Three “Buy Classes” page. Please review details on the number of classes, pricing, and expiration dates on that page. Should you have any additional questions, please email us at email@example.com.
If you decide you do not wish to remain a member of Studio Three, you may cancel this contract by emailing us at firstname.lastname@example.org by midnight of the third business day after the day you buy a Class Package or Unlimited Membership stating your desire to cancel said purchase. You may also send us certified mail to the following address: Attn: CFO, Studio Three, 670 N Clark, FL 4, Chicago, IL 60654, .
If your Studio Three goes out of business and does not provide facilities within 10 miles of the studio which you are enrolled or if the studio moves more than 10 miles from the one in which you are enrolled, you may cancel this contract by emailing us at email@example.com, accompanied by proof of payment on the contract. You may also send us certified mail to the following address: Studio Three, 670 N Clark, FL 4, Chicago, IL 60654.
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 emailing us at firstname.lastname@example.org or sending us certified mail to the following address: Studio Three, 670 N Clark, FL 4, Chicago, IL 60654, stating your desire to cancel this contract. We may require proof of disability or death.
Should you have any questions about the stated Terms & Conditions, feel free to contact us at email@example.com.