PARTICIPANTS AND MEMBERS
A “Participant” is anyone who purchases a class credit or package from TMF and/or anyone who attends a TMF class or who receives any other service provided by us. A “Member” is anyone who purchases or possesses a Membership from TMF. These Terms and Conditions apply to both Participants and Members.
You must create a TMF online account (an “Account”) and book a reservation to take a particular class. We use a software and app package called MIND BODY, through which your Account will be held, and all class calendaring, payment, and reports are run. Please refer to the Terms of Service for more information on creating an Account.
You agree that you are solely responsible for maintaining control and privacy over your Account. You shall not let others use their TMF Account, username or password. If you allow another person to use your Account to book and/or attend classes, TMF, in its sole and exclusive discretion, reserves the right to revoke or suspend your Membership or Credits as applicable.
CLASSES AND PACKAGES
TMF offers various packages for TMF classes, ranging from one to multiple classes per package. Once a package is purchased, Participants will receive a class Credit in their Account for each TMF class purchased in the package. A “Credit” refers to any credit to take a TMF class, whether purchased or complimentary.
If all spots are filled and no more reservations are available for a particular class, you may join the waitlist. If they become available, class openings may be offered to you by email or text (depending on when the reservation becomes available) on a first come, first serve basis. If a waitlisted Participant is offered and accepts a reservation, but fails to attend the class, the Credit used to reserve the class will be forfeited. If a waitlisted Member is offered and accepts a reservation, but fails to attend the class, a fee of five dollars ($5.00) will be charged to the Member’s credit card on file.
TIMELY ARRIVAL TO CLASS
You must arrive by the start of class to guarantee your bike, reformer, or other required equipment. We reserve the right to offer your class reservation to anyone on the waitlist if you are not present at the start of class. If no one from the waitlist is present, TMF allows a five (5) minute window after the start of class for you to enter the class. For the safety and enjoyment of all Participants, you may not enter any class if you are more than five (5) minutes late, as determined in TMF’s sole and exclusive discretion.
Reserved classes may be cancelled without penalty up by providing us notice of your desire to cancel at least twenty-four (24) hours before the scheduled class start time.
If a non-member wishes to cancel a reserved class, we must be notified in one of the following ways: (i) through www.tahoemountainfit.com (the “TMF Website”) under My Account; (ii) through the TMF MINDBODY ONLINE PHONE application (the “MINDBODY APP”); or (iii) through the MINDBODY ONLINE WEBSITE on the Reserve or Reservation Details page. Each non-member reservation not cancelled at least 24 hours before the scheduled class will result in the forfeiture of the Credit used to reserve the class.
If a member wishes to cancel a reserved class, we must be notified in one of the following ways: (i) through the TMF Website under My Account; or (ii) through the MINDBODY APP. Each member reservation not cancelled at least 24 hours before the scheduled class will result in a fee of $5 charged directly to Member’s credit card, which cannot be paid for with a class Credit unless a Credit was used to make the reservation.
EXPIRATION AND TRANSFERABILITY OF CREDITS
Credits have an expiration date as described in the Credit, package, or promotional details provided at the time of purchase. Once purchased, the expiration date or period can also be found on the MINDBODY APP, the MINDBODY ONLINE WEBSITE, or the TMF Website. Credits and gift cards are not the same product.
Credits are non-refundable, and are non-transferable among people, locations, and class type. For example, Pilates Reformer Credits cannot be transferred to Fitness, Mat, or Karate Credits, and vice versa.
TMF offers various memberships for unlimited TMF classes (“Memberships”). Specific details for each Membership type can be found on the TMF Website and/or in the promotional details provided at the time of purchase. Memberships cannot be shared or transferred, and any attempt to share or transfer a Membership will result in cancellation of the Membership without a refund. All Members must have valid Credit Card on account at all times or the Membership may be de-activated in the sole and exclusive discretion of TMF.
IA Member will be billed on a reoccurring basis approximately as of the date they signed up for their Membership (the “Billing Date”). The Billing Date cannot be moved to a different day of the month. If payment does not process successfully, the Membership will automatically become inactive until payment is made. Any lost time that results from payment processing failures will not be reimbursed or credited.
UNLESS OTHERWISE STATED BY TMF IN WRITING, MEMBERSHIP CHARGES WILL BEGIN AT THE TIME OF PURCHASE AND RECUR MONTHLY ON THE BILLING DATE UNTIL CANCELLED BY THE MEMBER IN ACCORDANCE WITH OUR CANCELLATION POLICY STATED HEREIN. MEMBERSHIPS BEGIN AT THE TIME OF PURCHASE (AND NOT AT THE TIME OF MEMBER’S FIRST CLASS) AND THE MONTHLY DUES WILL BE CHARGED AUTOMATICALLY ON THE BILLING DATE.
TMF reserves the right to increase its rates, dues, or fees from time to time, and at any time. TMF will provide Members with sixty (60) days’ advance written notice of any increase and provide an opportunity to cancel once the increase is instated. Members who do not cancel will be charged the increased dues in the next billing cycle after the 60-day notice has elapsed. Please note that the advanced written notice and opportunity to cancel does not apply to Memberships that have automatic rate increases as described at the time of purchase.
PAYMENT OBLIGATIONS OF MEMBERS AND PARTICIPANTS
All payments are non-refundable. THERE ARE NO REFUNDS ON ANY SERVICE PURCHASED. THIS INCLUDES, BUT IS NOT LIMITED TO, PRIVATE SESSIONS OR LESSONS, MEMBERSHIPS, CLASS PACKS, OR ANY OTHER SERVICE. THERE ARE NO EXCEPTIONS.
In addition, you shall not be relieved of the obligation to make payments agreed to, and no deduction from or reimbursement of any payment shall be made, because of your failure to use TMF’s facilities. In other words, Members must continue to pay the rate agreed upon for the duration of the Membership regardless of the number of classes attended and Participants will not be reimbursed or credited any unused Credits in the period allotted for the class package purchased.
FORM OF PAYMENT
All payments (including for monthly Membership dues, classes, and incidentals) are payable by electronic funds transfer from your credit card account or debit card account. Payments may not be split between multiple cards, and processed payments may not be refunded in order to charge payment to a different card. You authorize payments to be made through a third-party administered electronic funds transfer system.
FORM OF PAYMENT
All payments (including for monthly Membership dues, classes, and incidentals) are payable by electronic funds transfer from Member's or Participant's credit card account or debit card account. Payments for Membership dues or classes may not be split between multiple cards, and processed payments may not be refunded in order to charge payment to a different card. Members and Participants must authorize payments to be made through a third party administered electronic funds transfer system. Members and Participants maintain full control and privacy over their account at all times.
Once you have provided us with, and agreed to store, your credit card information on the Tahoe Mountain Fitness Website or the MINDBODY Website, you do not need to have your physical credit card on hand to make in-studio purchases. Your in-studio purchases can be applied to the credit card you entered on the Tahoe Mountain Fitness Website or the MINDBODY website.
RETURNED PAYMENTS AND DISPUTED CHARGES
You agree to pay any bank fee imposed on TMF, plus a processing fee of $25.00, plus the amount originally owed, for any returned payment due to closed accounts, insufficient funds, or other reason.
You agree that if you initiate a credit card dispute that is resolved in TMF’s favor, TMF shall have the right to charge you an additional $50 per occurrence. For example, if you dispute a valid charge for a late cancellation or no-show, you will be subject to this $50 fee.
CHANGES IN TYPE OF MEMBERSHIP
If a Member requests a Membership downgrade, the change will take effect on the Billing Date following the Member’s request. Membership dues will not be prorated or refunded based on the date of the Membership downgrade request. Membership downgrades are subject to a downgrade charge, which is currently $150.00 but subject to change.
If a Member requests a Membership upgrade, the Member will have immediate access to their upgraded membership. The Member will be charged a prorated amount for the remainder of the monthly billing cycle, and the Membership upgrade will be reflected in the Member’s next Billing Date.
Members may cancel their Memberships, by providing TMF with thirty (30) days’ written notice by email to email@example.com or through the “Contact Us” form on the TMF Website. The date and time of the notice will be determined by the time stamp on TMF’s email or contact form. If the Member provides notice of cancellation with less than thirty (30) remaining until the next Billing Date, the Member will be charged one additional time after TMF’s receipt of the cancellation notice, with the Membership terminating thirty (30) days after the final payment date. In other words, Members who wish to cancel their Membership should notify TMF at least 30 days before the billing date that corresponds to their final month of Membership to avoid paying unwanted dues. Membership dues will not be prorated based on the date of cancellation and are non-refundable.
If a Member is medically unable to attend classes, a Member may request a freeze of Membership (a “Medical Freeze”). In such case, a Member must provide a doctor’s note at the time of such request. TMF reserves the right to verify the note with the doctor. Members must notify TMF upon returning from the Medical Freeze by emailing firstname.lastname@example.org. After the Medical Freeze, TMF will resume charging, and Members are obligated to pay, the Member’s monthly dues until any commitment period has expired.
Medical Freeze requests should be made to the on-site TMF manager or by email to email@example.com. TMF reserves the right to adjust the Membership freeze policy from time to time. Freezing membership for any period of time does not relieve the Member from any minimum monthly membership commitment which may be required for certain types of memberships.
DISCOUNTED CREDITS AND MEMBERSHIPS
The same terms that apply to general memberships and credits apply to all special or discounted memberships and credits, including but not limited to, teacher, corporate, military, or student memberships and credits. If you receive a special or discounted rate, you cannot retroactively apply the discount to prior purchases or dues. Discounted rates cannot be combined with any other discounts, promotions, or offers, such as special rates for new studio openings. TMF reserves the right to verify eligibility for special or discount rates at any time.
CHANGE IN OPERATING HOURS/TEMPORARY CLOSING OF FACILITY
As a result of repair, maintenance, special occasions or events, holidays, acts of God (such as a heavy snow storm), competitions, private functions, or for other reasons, from time to time TMF may elect to restrict the use of, temporarily close its facilities or activities, or amend its hours of operation, services, programs, or facilities (hereinafter, a “Change”). There will be no reduction, suspension or reimbursement of payments for Memberships or Credits during such Change, nor an extension of a Membership, Credit, or package period as a result of any such Change. For questions or specific issues about any such Change, email firstname.lastname@example.org.
Gift cards are redeemable online only and not for purchases of retail items. Gift cards are non-refundable and the entire gift card must be redeemed by a single Account. Gift cards do not expire, however, once they are redeemed for Credits, the Credits expire based on the expiration date described in the details provided at the time of purchase. Gift cards are not redeemable for cash.
You shall not use any TMF facility, service, or equipment in such a way as to endanger the health or safety of yourself or others. You shall be responsible for any property damage or personal injury caused by yourself or your guests. You agree not to violate any laws while in TMF facilities.
REVOCATION OF MEMBERSHIPS AND CREDITS
TMF, in its sole and absolute discretion, may require you to leave for the day or may revoke Memberships or Credits at any time and without refund, in the event that (i) you engage in behavior that is unsafe or objectionable to any other Member, Participant, or staff; (ii) for reasons of nuisance or disturbance; (iii) due to your moral turpitude, fraud, personal hygiene or attire; or (iv) if, in TMF’s reasonable judgment, you pose a health or safety risk.
You agree that you should consult with their physician or have a physical examination before using any of TMF’s facilities or enrolling in any classes, especially if you are elderly, pregnant, have a prior injury, have a history of heart disease, high blood pressure or other chronic illness, are unaccustomed to physical exertion, or have other physical limitations. You acknowledge that TMF makes no claim as to medical or fitness results that can or may be obtained through use of the TMF’s facilities, equipment, or services. TMF has neither suggested nor will suggest any medical treatment to you.
You represent that: (1) there are no medical or physical conditions that would preclude your use of TMF’s facilities; (2) you have not been instructed by any physician not to use TMF’s facilities, equipment, services, or similar equipment or services; and (3) 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.
Further, you agree that any strenuous athletic or physical activity involves certain risks, you assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of TMF’s facilities, and you agree that TMF cannot guarantee that any facility or equipment is free of risk. You agree to exercise care in the use of TMF’s facilities, equipment and services to protect against accidents.
Members and Participants are strongly encouraged to request and take advantage of an initial consultation, critical analysis, and ongoing support available to ensure the proper and safe use of all TMF equipment.
LOSS OF PROPERTY
You agree not to bring valuables onto TMF premises and agree that TMF shall not be liable for the disappearance, loss, theft, or damage to personal property (including but not limited to money, jewelry, or other valuables).
Cellphones are prohibited in TMF classes unless prior permission has been granted by a studio manager due to exceptional circumstances.
PETS AND BICYCLES
Pets, except service pets, and bicycles are not permitted in TMF facilities, unless otherwise stated by the studio.
From time to time, TMF may make the services of independent contractors available to you. TMF does not warrant or guarantee the quality of these services.
GUESTS & CHILDREN
Guests and children are permitted in TMF facilities, but only pursuant to such rules, fees and schedules as then may be in effect. All guests and children must register at the front desk, with valid identification, and sign TMF’s standard release agreement. All children under 18 years of age must be accompanied by a parent at all times within TMF’s facilities unless they are in a supervised activity.
If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this agreement, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
These Terms and Conditions are intended to supplement, and not supplant, Tahoe Mountain Fitness’s Terms of Service for Website and App (“Terms of Service”) and Liability Waiver. These Terms and Conditions, TMF’s Terms of Service, the Liability Release, and any other rules, policies and regulations of TMF, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements. This agreement may be modified only by a writing signed by TMF.
CHOICE OF LAW / VENUE / DISPUTE
These Terms and Conditions shall be interpreted using California law, and any dispute between the parties shall be solely and exclusively adjudicated in Truckee, California. YOU AGREE TO WAIVE ANY RIGHT TO JURY TRIAL, OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT IN ANY DISPUTE WITH TMF.
Every time you make a purchase from us, attend a class, or receive any other service from Tahoe Mountain Fitness, you acknowledge, accept, and ratify these Terms and Conditions.
Classes will be held except in unsafe conditions. We realize that there are times when road conditions at Tahoe Mountain Fitness are safe, yet travel from other parts of Truckee & the surrounding region are inadvisable and vise versa. We will make whatever decisions necessary on class cancellations to keep our staff and our students: our TRIBE, safe.
For classes scheduled between 5:00am - 8:30am, we will make a decision whether or not these classes will be cancelled depending on weather forecasts made the evening before by 5pm.
For all classes scheduled after 8:30am we will make a decision whether or not these classes will be cancelled depending on real time weather one hour prior to scheduled class times.