All customers and visitors to www.bionicbody.com (the "Website") are subject to Bionic Body, LLC ("Bionic Body") Terms and Conditions as expressed below. Bionic Body's Terms and Conditions were developed to ensure that our customers are using our facilities and services with due regard to their rights and the rights of other users, and in conformity with Bionic Body's standard and current procedures, rules, regulations and requirements. By accessing, browsing and/or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree, do not use this Website.
In order to make a reservation, you must first own a series (group of classes). To buy a series, you can either sign up here for a username and password and purchase a series online, or if you already have a username and password, click login to buy a series and make your reservation. You should be aware that series expire and class and future series prices are subject to change. We accept Mastercard, Visa, American Express, and Cash. Your credit/debit card will be charged for your order when you submit your reservation. Bionic Body will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. 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 Bionic Body may incur in its efforts to collect any unpaid balances from you.
We work to protect the security of your information during transmission by using Mindbody software, which encrypts information you input. We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate entities for order processing. It is important for you to protect against unauthorized access to your password and to your computer. If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Be sure to sign off when finished using a shared computer. Registration of minors (12-18) must be completed in person at one of our studios with a parent or guardian. Minors over the age of 12 who have submitted a participant/registration waiver signed by a parent or guardian may sign up for classes online. If we discover that personal information has been submitted by a minor without a signed participant/registration waiver, we will delete such information promptly. Bionic Body does not seek or share personal information from minors through this website. Bionic Body reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. When you visit Bionic Body or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We receive and store certain types of information whenever you interact with us. For example, like many web sites, we use "cookies," and we obtain certain types of information when your web browser accesses Bionic Body.
In order to cancel a Bionic Body class, you must cancel your reservation by 12PM the previous day. Once your class is cancelled, the class will be returned to your series to be used at a future date; the class is not refunded. If you haven't cancelled your class by 12pm the day before, your scheduled class will be charged to your series.
You can cancel your reservation in the following ways: 1) Log into your account and, next to the class you wish to cancel, press "cancel". 2) Call the studio where you're booked to cancel the class for you.
Please note, in fairness to all our customers, CLASSES WILL BE RELEASED 10 MINUTES BEFORE CLASS BEGINS.
FOR CLIENTS RUNNING LATE: We ask that you call the studio to let us know you are on the way. The front desk will hold a reservation for up to 10 minutes after class begins. Clients who are more than 10 minutes late will not be admitted into class as it is too disruptive.
FOR CLIENTS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.
Assumption of risk, waiver and release
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of Bionic Body, LLC and its subsidiaries (collectively, “Bionic Body”), I hereby acknowledge on behalf of myself, my heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in fitness and exercise equipment in association with the Classes and Facilities. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. I have read and thoroughly understand the Bionic Body Liability waiver that is posted on Bionic Body’s website (www.bionicbody.com). At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff. If in the subjective opinion of the Bionic Body staff, I would be at physical risk participating in Bionic Body’s Classes, I understand and agree that I may be denied access to the Classes and Facilities until I furnish Bionic Body with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing Bionic Body’s concerns and stating that Bionic Body’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Bionic Body, its direct and indirect parent, subsidiary affiliate 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 Facilities, and (3) represent that I (a) have no medical or physical condition that would prevent me from properly using any of Bionic Body’s Classes and Facilities, (b) do not have a physical or mental condition that would put me in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in using Bionic Body’s Classes and Facilities, and should not be participating in any Classes.
Links/third party websites
Bionic Body makes no representations whatsoever about any other website which you may access through this one. When you access a non-Bionic Body website, even one that may contain the Bionic Body logo, please understand that it is independent from Bionic Body, and that Bionic Body has no control over the content on that website. In addition, a link to a non-Bionic Body website does not mean that Bionic Body endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature. Intellectual Property Rights BIONIC BODY and the BIONIC BODY Logo are service marks, trademarks, and/or trade dress of Bionic Body or otherwise proprietary to Bionic Body and may not be used by you for any reason other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Bionic Body. You have the right to view, electronically copy, and print in hard copy portions of this Website for the sole purpose of making class reservations or other personal use. Any other use of materials on this Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Bionic Body, is strictly prohibited. You acknowledge that Bionic Body and/or third-party content providers remain the owners of all Website material 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. Bionic Body may discontinue or remove the Website or any portions thereof or discontinue your right to use the Website or any portion hereof at any time.
IN NO EVENT WILL BIONIC BODY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, INCLUDING ANY CLAIMS WAIVED BY YOU CLAIMS PREVIOUSLY IN THIS AGREEMENT EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL INFORMATION IS PROVIDED BY BIONIC BODY ON AN "AS IS" BASIS ONLY. BIONIC BODY PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. Choice of Law This Website, and your use hereof, is governed by the laws of the State of California, without regard to California’s choice of law provisions, and any claim arising out of your use of this Website must be brought in California. Revised Terms and Conditions Bionic Body may at any time revise these Terms and Conditions by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound.