Terms & Conditions
These terms and conditions (“Agreement”) are between Spark Scientific, Inc, dba Bodybuzz, (“we” or “Bodybuzz”), on the one hand, and you (“you” or “customer”), on the other hand, and constitute a legal binding agreement. You acknowledge that you have read and agree to be bound by this Agreement.
CODE OF CONDUCT
We strive to uphold a friendly and pleasant environment. As such, we expect proper and respectful conduct on our premises at all times. We do not permit disrespectful conduct toward our customers, guests, employees, vendors, or property, including but not limited to: vulgar, profane, indecent, offensive, violent, hostile, aggressive, threatening, harassing, stalking, fraudulent, or other inappropriate conduct or communications.
RULES, REGULATIONS, AND SCHEDULES
Customer agrees to abide by all rules, regulations, and schedules of Bodybuzz, which may be posted at the studio or issued orally, and which may be amended from time to time, at management’s sole discretion.
VALUABLES AND PERSONAL PROPERTY
Customers are urged to avoid bringing valuables into the studio and We will not hold personal items for our customers. Unless otherwise permitted you may not bring or place bags, clothing, food, laptops, or other personal items on the equipment or fitness floor. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BODYBUZZ WILL NOT BE LIABLE FOR THE LOSS OR THEFT OF, OR DAMAGE TO, ANY PERSONAL PROPERTY OF YOU OR YOUR GUESTS, INCLUDING WITHOUT LIMITATION ANY ITEMS LEFT IN LOCKERS, LOCKER ROOMS, OR ELSEWHERE IN ANY STUDIO.
EQUAL OPPORTUNITY POLICY STATEMENT
Bodybuzz seeks, enrolls and maintains customers without regard to race, gender, age, religion (including grooming), color, national origin, ancestry, physical or mental disability, medical condition, pregnancy, marital or registered domestic partner status, sex, sexual orientation, gender identity and expression, genetic characteristics and information, military or veteran status, or any other legally protected category. It is further Bodybuzz policy that no circumstance or conduct undertaken by its personnel shall have the effect of discrimination on the basis of any of the aforementioned classifications. All customers with disabilities shall be entitled to reasonable accommodations for their physical and mental impairments. Any customer who believes they have been/are being treated unfairly on any of the aforementioned matters should first report to club management of Bodybuzz at (888) 842-2899.
RESTROOM AND LOCKER ROOM ACCESSIBILITY-TRANSGENDER EQUAL OPPORTUNITY POLICY
As set forth in Bodybuzz’ Equal Opportunity Policy, all customers shall have full and equal access to studio facilities. Consistent with this Policy, all customers shall have access to the restroom and locker room facilities that correspond to the customer’s gender identity, regardless of the customer’s sex assigned at birth. For example, transgender women (who were born male but identify as female) are permitted to use the women’s facilities, and vice versa for transgender men. Each customer should determine the most appropriate option for her/him/themself. Any customer who has a need or desire for increased privacy, regardless of the reason, will be provided access to a single-person facility, when available. No customer, however, shall be required to use such a facility. Any customer who believes that they have been/are being treated unfairly on any of the Equal Opportunity policies above should report to club management or call us at (888) 842-2899.
LOCKERS
Lockers are provided solely for the benefit and convenience of customers. Bodybuzz will remove any articles left in a locker overnight. Customers must provide their own lock. Bodybuzz is not responsible for lost or stolen items or articles left in lockers. You agree to release Bodybuzz of any and all claims, demands, suits, complaints, cause of action or any liability for loss, stolen or damage to your personal property while using a locker on the premises. Storage of illegal substances, firearms, and toxic or volatile chemicals is prohibited and punishable by law.
CELL PHONE AND CAMERA USE
Using cell phones, cameras or any other recording devices in locker rooms and other private spaces is strictly prohibited. Using cell phones, cameras and other recording devices during group fitness classes is also prohibited. As a courtesy to other customers, you may not speak on your cell phone, or utilize any video chat application, while on the studio floor. You may take photos or videos in public areas solely for your personal use. You may not take photos or videos in order to promote your or any third party’s business, products, or services. Use of any lighting, tripods or other such equipment is prohibited. You are expected to be respectful of other customers, and you may not intentionally film another individual without their permission. If you post online or on social media a photo or video that was taken in a studio and another individual appearing in that content complains, Bodybuzz reserves the right to ask you to remove the post.
GENERAL HYGIENE
We expect you to uphold general personal hygiene and refrain from excessive use of scented oils, lotions, colognes, perfumes, or other fragrances out of respect for other customers and any fragrance or chemical sensitivities. It is also expected that you refrain from or avoid smelling of smoke or other fragrant substances upon entry or use of the premises.
PROPER ATTIRE
You must wear proper attire at all times, including shirts and rubber soled shoes, unless noted in a specific area or as appropriate for a specific activity or class. You may not wear anything under the EMS suit other than base layer garments provided by or purchased from Bodybuzz. In addition to the base layer garments, you may wear your own underwear, provided they are constructed from cotton and do not include any metal. No street clothes or dress shoes are permitted in the fitness area. Management has the right to prevent the use of any equipment if the proper attire is not worn.
MUTUAL RESPECT
Classes and sessions are voluntary activities in which you may elect to participate. You understand and acknowledge that the nature of fitness training may require close contact between you and your trainer or instructor and that he or she may need to touch your body to provide adjustments and guidance as necessary. You may end your session or class if you feel uncomfortable at any time. If you have any concerns as to how a session or class was conducted, please raise those concerns with the studio manager. Bodybuzz upholds its personnel to the highest standards of professionalism and expects the same in return from you. If you make any inappropriate or sexually suggestive remarks or advances, your session or class will be terminated immediately and Bodybuzz may, in its discretion, terminate your membership or take other action it deems appropriate.
ILLNESS
You may not enter the premises if you have a contagious illness that may be transferred through ordinary use of our equipment, services, or programs. You must cover exposed lesions or rashes and follow all posted signs and applicable rules or laws.
DRUGS
You may not use, smell of, possess, or sell any illegal drug on the premises, including but not limited to anabolic steroids or other illegal growth-enhancing substance. You may not use our equipment, services, or programs while under the influence of illegal drugs. You should not use, or should stop using, any equipment, service, or program if your prescription medication adversely impacts or influences your ability to safely use our equipment or participate in our programming.
SMOKING
You may not smoke, chew, or use any other tobacco or electronic cigarette products on our premises including any outdoor areas (e.g., sidewalks or parking lot).
WEAPONS
Firearms and other weapons are strictly prohibited from being brought into Bodybuzz facilities, even if you have a permit to carry a concealed weapon.
SERVICE ANIMALS AND PETS
Service animals that are individually trained to work or perform tasks for individuals with disabilities (“Service Animals”) are permitted to accompany customers (or other guests) with disabilities to all areas of the studio open to customers. All Service Animals must be licensed, vaccinated, and have identification tags (where applicable). Bodybuzz may ask you to remove your Service Animal if, in Bodybuzz’ discretion, the animal is out of control and you do not take effective action to control it, if the animal is not housebroken, if the animal poses a direct threat to the health or safety of others or if the animal’s behavior otherwise fundamentally alters the nature of our business. The Service Animal’s owner must promptly remove animal waste and Bodybuzz reserves the right to charge you for any actual damage caused by your Service Animal.
PHOTOGRAPHY AND VIDEO RECORDING
Bodybuzz allows certain team members to take images of customers and guests for social media purposes. If you do not wish to have images taken by Bodybuzz, please let the team member know, so that you can opt out. By your continued use of our premises and services, including participation in any class or appointment, you irrevocably consent to and grant Bodybuzz, its representatives, employees, or agents the perpetual, royalty-free and otherwise unlimited right to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, and repurpose the images for any lawful purpose in any media or form of communication, without additional consent and without compensation, including but not limited to Bodybuzz commercial and promotional use on its corporate or employee social media sites.
STUDIO CLOSURE OR ACCESS RESTRICTIONS
We reserve the right to close or restrict access, without advance notice, to any area of or the entire studio or premises for any reason, including but not limited to closures or restrictions related to construction, remodeling, repair, or maintenance (whether planned or unplanned) or for health or safety reasons, including but not limited to weather, natural disasters, power outages, and medical issues. Updates on such closures will be emailed and/or posted on our website or social media pages.
EQUIPMENT USE
You must follow all safety procedures for equipment use. If you have any questions about equipment use, please see a Bodybuzz staff member to familiarize yourself with its use. You must honor all signs on equipment, including notices that the equipment has been reserved or is out of service for maintenance. If you notice that any equipment is in disrepair, do not use it and please report it immediately to a Bodybuzz staff member. Please turn off, return, or replace equipment to its original condition and location when you are not using it. Please wipe down equipment with sanitary wipes before and after use.
DAMAGE TO EQUIPMENT AND FACILITIES
You may not damage the studio in any way, including but not limited to any damage to, or theft of, exercise equipment, towels, supplies, or other studio property. If you, or a guest of yours, damages the studio or equipment, you will be liable and must pay for the damage caused and your membership may be terminated.
AUDIO, VIDEO AND LIGHTING EQUIPMENT
Only employees of Bodybuzz are permitted to operate the audio, video, and lighting equipment.
INDEPENDENT CONTRACTORS
From time to time, we may make available to customers the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to customers for any period of time, and hereby disclaim all liability arising out of such services.
TERMINATION
You have a right to cancel this Agreement or any membership/renewal within the first five (5) calendar days after signing or renewing; no up-front monies will be refunded for cancellation notices received after the first five (5) days. To cancel this Agreement or membership/renewal, send a signed and dated notice that states that you, the customer, are canceling this Agreement, or words of similar effect. The notice shall be sent via email from an email address on file with Bodybuzz to info@bodybuzzfit.com.
You may also cancel this Agreement or any membership/renewal by sending notice via email from an email address on file with Bodybuzz to info@bodybuzzfit.com for any of the following reasons:
- If upon a doctor’s order, you cannot physically receive the services because of significant physical disability expected to last for a period in excess of six months.
- If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing.
- If you move your residence more than twenty-five miles from any Bodybuzz location (must provide satisfactory proof of new residence)
- If your employment is involuntarily terminated without cause (must provide a letter from former employer confirming termination of employment).
- If you are a member of the United States military, including a member of the National Guard, military reserves, or regular United States armed forces, who is serving on active duty and deployed or otherwise serving outside of this state during the term of this Agreement. You must provide written evidence of your deployment within 90 days after you receive notice of such deployment or service outside the state.
- If the services of the studio cease to be offered.
All monies, except initiation fee, paid pursuant to such Agreement or membership cancelled for the reasons in this paragraph shall be refunded provided however, that Bodybuzz may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided, that Bodybuzz may demand the reasonable cost of goods and services which the buyer consumed or wishes to retain after cancellation of the contract.
Bodybuzz reserves the right to suspend or terminate this Agreement or any membership at any time for a failure to comply with these or any of our other rules, regulations, procedures, or policies (which may be amended as necessary), Bodybuzz staff directions, or for conduct we determine to be improper or contrary to our best interests or the best interest of our customers, as determined by us at our sole discretion. In such case, customer will, no later than fifteen (15) days after such cancellation, receive a refund of all monies paid pursuant to this Agreement (except any initiation fee), provided that Bodybuzz may retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that Bodybuzz may demand the reasonable cost of goods and services which the Customer has consumed.
COMMUNICATION
We may offer you the ability to receive texts and calls in connection with our services. If you opt-in to receive texts and calls, you agree that Bodybuzz may send you reoccurring texts and calls (including prerecorded and/or by auto dialer) to the phone number you provide for transactional and marketing purposes in accordance with the terms of your opt-in. You can opt-out of receiving texts or calls to your phone number at any time by (i) for texts, texting “STOP” in response to any text you receive from us or contacting us at info@bodybuzzfit.com and specifying you want to opt-out of texts to your phone number; and (ii) for calls, requesting opt-out during any call you receive from us or contacting us as at info@bodybuzzfit.com and specifying you want to opt-out of calls to your phone number. We may send you a text confirming any opt-out by you and any such opt-out is limited to the phone number used and will not affect subsequent or separate subscriptions. You understand that your consent is not required as a condition of purchase. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phones and/or carriers are supported. Contact your carrier for further details. Additional terms may apply as set out in the terms of your opt-in.
PRIVACY POLICY
We use the personal data collected through the course of your membership, including without limitation your access to and use of our studios, our website (“Digital Properties”), in an effort to fulfill our commitment to offering and providing unparalleled customer service. Please read our current Privacy Policy, available at https://www.bodybuzzfit.com/privacy-policy/ (“Privacy Policy”), so that you may understand our privacy practices, including the types of personal data we collect, how we use this personal data and with whom we share it. We may periodically update the Privacy Policy, in our discretion, to reflect changes in our privacy practices, the Digital Properties and applicable law. You should review the Privacy Policy from time to time to ensure you are happy with our current policies.
MINDBODY
By using the Mindbody website or app to purchase Bodybuzz memberships, classes, or sessions, scheduling or booking a class or session, and/or purchasing merchandise, you signify your acceptance of the Mindbody terms of use. If you do not agree to this, please refrain from using the Mindbody website or app.
HEALTH WARRANTY
Customer represents that he or she is in good health and has no disability, impairment, injury, disease, or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of exercise. Customer assumes full responsibility for his or her use of the facility and shall indemnify Bodybuzz, its affiliates, agents, and employees against any and all liability arising out of use of the facilities.
CREDIT CARD ON FILE
Customers may elect to keep a credit card on file using their Bodybuzz or Mindbody account online. By placing a card on file, the cardholder and account holder gives permission to Bodybuzz to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the Bodybuzz cancellation policy.
AUTO-DEBIT
By enrolling in an auto-debit contract, you authorize Bodybuzz to, on a recurring basis, automatically charge the debit or credit card account you specified, for the payments on your auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Bodybuzz will initiate transfers/charges pursuant to this authorization not to exceed the amount agreed upon and/or in connection with cancellation fees per the cancellation policy. Bodybuzz may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. Bodybuzz cannot be held responsible for errors in processing due to expired or inaccurate information.
TRANSFERS
Memberships, classes, sessions, and any credits are non-transferable and non-descendible.
MEMBERSHIPS
A membership entitles the Customer to use certain Bodybuzz premises, facilities, equipment and services as outlined and limited by the membership type. Memberships give the customer no rights in Bodybuzz, its management, property or operation. Bodybuzz may sell memberships at different rates and terms.
MEMBERSHIP ADD-ON
When you add one or more “Add-On” membership(s) to a membership, one member is financially responsible for all Add-On members’ dues. If the member responsible for paying the Add-On membership dues cancels his or her membership, then Bodybuzz may, in its sole discretion, either cancel the Add-On membership(s) and/or require the Add-On member(s) to pay his or her own dues, which may be changed to the individual membership rate in effect at the time of the cancellation. If an Add-On member starts to pay his or her own dues at any time, then Bodybuzz may, in its sole discretion, either cancel the Add-On membership(s) and/or require the Add-On member(s) to pay the applicable individual membership rate.
Certain Add-On memberships (such as the DUO program) require all members to attend all training sessions together. If any member does not show up for a scheduled session, such member is not entitled to a make-up session.
Substituting a person for the regular DUO member is permitted as long as that individual completes the Bodybuzz Liability Waiver.
Every member must complete the Bodybuzz Liability Waiver.
CORPORATE MEMBERSHIPS
You must be a current employee of a participating company and eligible under the company’s guidelines to enroll under a corporate membership program. By enrolling under a corporate membership program, you grant Bodybuzz the right to verify your eligibility under the company’s guidelines (including the right to verify your employment with the company as necessary). In the event you are not currently employed or cease being a current employee of a participating company, Bodybuzz reserves the right to immediately terminate your membership and/or require you to pay the full regular price of any initiation fees, annual fees, and monthly dues.
MEMBERSHIP PAYMENTS
Customer agrees to pay for membership fees through one of the following: (a) debit card, (b) debits to a bank account through the ACH ((a) and (b) each an “EFT”), or (c) charges to a credit card account (“CC”), for the purpose of making scheduled membership payments when due (together with any related fees, taxes or charges). Customer authorizes and agrees to the following terms for those EFT or CC charges:
- I authorize Bodybuzz, on the scheduled payment dates, or within 2 business days after such dates, to charge my credit card account, or to initiate an EFT from the account I designated or any successor or replacement card or account, for any membership payment when due. If my card or account expires or is replaced, I agree to notify Bodybuzz promptly of my new card or account.
- My authorization will remain in effect until canceled by Bodybuzz, or by me. I may cancel by providing notice to Bodybuzz in writing info@bodybuzzfit.com, or by phone at (888) 842-2899. Even after my notice of cancellation, I authorize Bodybuzz to charge or debit my account for any balance due amounts I owe, and I agree to be bound by the terms and conditions of this Agreement until my Agreement privileges end.
- If my EFT or CC is rejected or returned unpaid for any reason, I authorize Bodybuzz to resubmit it for payment one or more subsequent times in the future. If amounts I owe to Bodybuzz are not paid because an EFT debit or CC does not go through, for any reason my failure to pay those amounts may result in the suspension or termination of my membership.
- I may stop any EFT (a debit to my checking or savings account by ACH or debit card) by notifying the financial institutio
MEMBERSHIP FREEZE POLICY
Bodybuzz will only freeze your membership if you are in good standing, you are current on your dues, and you provide at least ten days’ notice. Any of the following circumstances may qualify you for a freeze:
- Medical Disability: You must provide Bodybuzz with verification from your physician stating your medical disability will prevent you from performing physical exercise. The maximum term for a medical freeze is six months.
- Active-Duty Military Transfer or Extended Volunteer Assignment: You must provide Bodybuzz with a copy of your transfer, deployment, or extended volunteer assignment orders. There is no minimum or maximum for assignment freeze. If you request a specific freeze term less than six months, your membership and monthly Electronic Funds Transfer (“EFT”) or credit card charge will automatically resume at the end of the specified time.
- Temporary Employment Transfer: You must provide Bodybuzz with employer verification, on company letterhead, that you are being temporarily transferred. Transfer location must be more than 25 miles from the nearest Bodybuzz location to which you have access. The maximum term for a temporary employment transfer freeze is 6 months.
- Extended Freeze: Bodybuzz may approve or deny your request for an extended freeze for reasons other than those listed above. The maximum length of an extended freeze is 12 months. If Bodybuzz does not receive notification to reactivate or further extend your freeze within 12 months, your membership agreement may be terminated.
Dues During Freeze: No further dues will be collected during your approved freeze and your right to access Bodybuzz facilities during the freeze will be suspended. In the event your membership is prepaid, the term of the prepaid membership shall be extended, without further dues, for the same period of the freeze. Except for military freezes greater than 6 months or unspecified, your membership will be reactivated, and your monthly EFT or credit card charge will automatically resume at the end of your freeze period.
MISSED SESSIONS
Certain memberships include a fixed number of training sessions over a specified period of time. In such cases, if a member does not use all sessions, they are not entitled to any refund or to any make-up sessions.
MEMBERSHIP RENEWAL, CANCELLATION & REFUNDS
Memberships automatically renew for successive periods unless canceled prior to the next renewal date. Memberships may be canceled, subject to the terms of this Agreement, by calling Bodybuzz at (888) 842-2899 or by providing written notice at info@bodybuzzfit.com.
APPOINTMENT RULES
Appointments require advance booking and reservation, and you will not be permitted to participate in any appointment unless you have properly booked and reserved your spot. Bodybuzz may give away your reserved spot if you are late to your appointment. If you book online, you may cancel a booked appointment up to twenty-four (24) hours before the appointment starts. If you do not cancel within this allotted time period or arrive by the appointment time, you will be considered as having “missed” your appointment. If you miss an appointment or cancel within twenty-four hours of the appointment start time, the session may be deducted from your account or you may be charged a cancellation fee of $60.00. Cancellation fee amounts may change from time to time.
CLASS RULES
Group classes require advance booking and reservation, and you will not be permitted to participate in these classes unless you have properly booked and reserved your spot. We request that you arrive for class a few minutes early to prepare your space or equipment. You must wait for a class to conclude before entering the studio to prepare for the next scheduled class. Bodybuzz may give away your reserved spot if you are not in the class at class start time. If you book online, you may cancel a booked class up to twelve (12) hours before the class starts. If you do not cancel within this allotted time period or check in by the start of class, you will be considered as having “missed” your booked class. If you miss a class or cancel within twelve hours of the class start time you will not be entitled to a refund. Please avoid entering a class late or leaving a class early, as this is disruptive to other customers’ experience.
MERCHANDISE RETURNS
New and unused merchandise with original packaging and tags may be returned for a full refund up to 30 days from the original date of purchase. Proof of purchase is required. Unless otherwise required by law, we will issue refunds only to the payer. Payments made via credit/debit card will be refunded to the same account used at the time of purchase.
DISPUTE RESOLUTION
This Agreement shall be construed, interpreted, and governed according to the laws of the State of California without regard to its conflict of laws and rules. The parties agree to attempt to settle any and all disputes, controversies or claims through informal settlement negotiations. Any and all disputes, controversies or claims (including without limitation tort claims, requests for provisional remedies or other interim relief and issues as to arbitrability of any matter) arising out of, in connection with, or relating to this Agreement, or the breach thereof, that are not settled through negotiation within thirty (30) calendar days of either Party’s written request, shall be resolved by arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and pursuant to the California Arbitration Act (such arbitration to be held in San Diego, California before a single arbitrator mutually agreeable to the parties or, if they cannot agree within twenty (20) calendar days, then by JAMS). The Parties agree that the Expedited Procedures set forth in JAMS Comprehensive Rules shall be employed. Any controversy, claim or dispute under $50,000 shall be handled in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitration fees shall be shared equally between the parties; however, the arbitrator shall award the prevailing party the recovery of arbitration fees upon the completion of the arbitration hearing. The negotiation and arbitration provisions of this Agreement shall be the sole and exclusive method of handling any and all disputes, claims and controversies arising out of or related to this Agreement, and the award of the arbitrator will be final and binding on the Parties, and judgment upon such award may be entered in any court having jurisdiction thereof. The arbitration proceeding provided for herein is a private proceeding and neither Party shall disclose or publicize the decision of the arbitrator other than as required by law. The Parties further agree that the existence of this remedy will not preclude either Party from seeking or receiving injunctive relief in federal or state court. Venue in any such litigation for injunctive relief shall be in San Diego, California. If any litigation, arbitration, or other proceeding (“Proceeding”) is initiated by any Party against any other Party to enforce, interpret or otherwise obtain judicial or quasi-judicial relief in connection with this Agreement, the prevailing party in such Proceeding shall be entitled to recover from the other party all costs, expenses, actual attorney’s and expert witness fees, relating to or arising out of such Proceeding.
ENTIRE AGREEMENT; AMENDMENT
This Agreement, together with ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19 and INFORMED CONSENT, ASSUMPTION OF RISK AND RELEASE OF LIABILITY constitute the entire agreement of the parties with respect to the subject matter of this Agreement and supersede all prior and contemporaneous oral or written proposals, negotiations, and agreements concerning such subject matter. This Agreement may not be amended or modified except by a further written agreement signed by the parties to this Agreement specifically referencing this Agreement.
SEVERABILITY
If one or more of the provisions contained in this Agreement for any reason is deemed to be invalid, illegal, or unenforceable in any respect, the same shall not affect any other provision in the Agreement, but this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained in this Agreement.