TERMS OF SERVICE

Hey, guess what, like every other company around, we’ve got some rather detailed Terms of Service.

We know it’s a long page, that’s because it’s broken up into chunks which detail different aspects of the Urban Athlete’s service. Essentially, what it says is that we do our best to provide you with a great service, governed by reasonable rules and expectations.  We have tried to make our membership simple.  There are no joining fees, cancellation fees, or long-term commitments.  We want you to enjoy your experience at Urban Athlete.

OK, so let’s start…

Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.urbanathlete.com and our associated mobile apps (“the Site”) operated by Urban Athlete and/or its owners  (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.urbanathlete.com and. our mobile apps.

By accessing or using the Site or our mobile apps in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Urban Athlete Services. You are only authorized to use the Urban Athlete Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Urban Athlete website and discontinue the use of Urban Athlete Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.

COVID19

An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and Members with underlying medical conditions are especially vulnerable.

Members may not attend the gym if they feel ill or have a fever. We strongly suggest that you consult with your physician on the proper steps to take.

By visiting Urban Athlete you voluntarily assume all risks related to exposure to COVID-19.

Accounts

To access some features of the website, you will have to create an Urban Athlete account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

Studio rules and regulations

SIGN IN: All members, guests, and visitors upon entering the Studio are required to present his/her membership card or other proper identification to front desk staff to gain entrance into the Studio.

GUEST POLICY: Members are invited to bring guests to the Studio for a visit. A ‘guest fee’ may apply for each workout session. Guests are subject to all Studio rules and regulations.

DAMAGES TO THE STUDIO: Member agrees to pay an extra charge for damages arising from any careless use of equipment or dropping of weights, etc., caused by Member or its Guest. Should the studio be closed and completely unavailable for Member’s use due to damage by fire, the act of God, catastrophe or accident, maintenance repairs, or any other reason, at the sole discretion of the Studio, Member’s membership shall be extended for a period equal to the time of such unavailability, or at the option of the Studio, Member may be transferred to another OTF studio. It is further understood that the Studio’s entire premises may be closed or that its location may be changed, moved, or eliminated following the expiration of leases or other management needs at the sole discretion of the Studio and Member agrees to accept the Studio’s decision as final. If a location is closed permanently, the Studio will make every reasonable attempt to provide members with the right to use another Urban Athlete studio

RIGHT TO CHANGE SERVICES AND HOURS AND FACILITIES: All regulations, policies, facilities, locations, services, and hours are subject to change without notice at the sole discretion of the Studio. Any such change does not affect the Membership Agreement or agreed payment rate and schedule, nor release Member from the obligation under such Agreement.

PERSONAL PROPERTY: It is understood that and agreed that Urban Athlete, and/or its owners, agents, and employees are not responsible for lost or stolen articles of clothing or any other lost articles or possession or personal property.

12 HOUR CANCELLATION POLICY: Urban Athlete enforces a strict 12-hour cancellation policy. If you have reserved your place in an Urban Athlete class and fail to cancel 12 hours in advance you will be charged for the class. Other than Unlimited memberships, each cancellation and/or no show will count against and be deducted from your remaining paid unused sessions; if no such unused sessions exist, then you will be charged for the class.

LATE CANCEL POLICY: Urban Athlete enforces a strict Late Cancel Policy. If you are more than 10 minutes late for your class, you will forfeit your spot and incur a Late Cancel Charge and/or deduction from your paid unused sessions as stated above. You must be on time to class to properly stretch and warm up before participating in an Urban Athlete class.

DRESS CODE POLICY: Urban Athlete wants you to come to class fully prepared for strenuous activity, so you must wear and bring with you the following: enclosed running shoes, athletic shorts/pants, an athletic t-shirt, and a water bottle. We reserve the right to refuse your entrance into the studio if you are not properly attired. Please note that locker rooms, shower areas, and steam rooms are considered wet areas and present a slipping hazard we ask that you wear non-slip shower shoes while using steam rooms and showers to reduce the chances of slipping. Please do not bring glass bottles into any of the wet areas and all members agree that the use of the locker rooms is at their own risk.

FOOD/GUM: No food or gum is allowed inside the workout section of the Studio.

PROFANITY: Use of profanity or threatening language anywhere in the Studio will not be tolerated at any time.

RULES: The above rules are subject to change, or be added upon, with or without notice at any time. All rules as provided and as posted in the Studio from time to time are part of the Membership Agreement, and Member is obligated to comply with the same. The Studio has the right to cancel any Member’s membership for any violation of the Studio’s rules as stated here or as posted in the Studio.

Membership is not transferable. Cancellation does not relieve the Member of the obligation to pay the full price for his or her rate.

THE “GYM-ZILLA” CLAUSE: We love our clients and treat them with the utmost respect- expecting the same of them. Urban Athlete understands the importance and significance of everyone’s fitness journey, and we assist all parties in remaining calm and stress-free during your gym experience. A “Zilla” is ANYONE who becomes obsessive and intolerably demanding as the result of their fitness journey. Any person who turns from a normal, happy, and excited person into a “Zilla,” or demonstrates behavior including threats, physical or emotional abuse, demeaning or belittling, demanding Urban Athlete run their business differently, unnecessary or excessive phone calls and/or email, and/or unrealistic expectations will be reported to the member to resolve the situation. If the “Zilla” behavior continues after said conversation Urban Athlete reserves the right to take the necessary action(s) to resolve to issue- including but not limited to cancellation of the contract or reassignment of the trainer.

Free Week Trial

We offer a free trial of our Unlimited Team Training program so that you can experience one of the best workouts in the city without risk.  At the end of your week, you will automatically be enrolled in Urban Athlete’s Unlimited Team Training Program at the current rate.  If this is not for you, simply let us know via email at memberships@urbanathlete.com and we will ensure that your membership is canceled.   PLEASE NOTE THAT YOUR AGREEMENT AND ASSOCIATED FEES WILL CONTINUE UNTIL CANCELLATION.  YOU WILL NOT BE ENTITLED TO A REFUND FOR FAILURE TO CANCEL. SORRY, NO EXCEPTIONS.

The free trial membership is open to new members, 21 years or older, with a valid Chicago address.

PT Kickstart 2023

Your first payment for Jump Start 2023 will commence at registration. Member will be entitled to four Personal Training sessions at the time of first payment.  PT Kickstart 2023 memberships are cancellable at any time 90 days AFTER your first payment.   Cancellations can be done at the club and will be processed 30 days from the cancellation date.

30-Day Money Back Guarantee

To be eligible for our 30-day money-back guarantee, 1) You must purchase a VIP membership (Evanston or Chicago), and 2) You must attend at least 12 classes within 30 days after the members-only opening date at your chosen home studio.  If you are not satisfied with Urban Athlete for any reason and wish to cancel your membership, we’ll refund 100% of your VIP membership dues for those 30 days.  Cancellations must be made at the club.  Any billed dues after the initial 30 days will not be refunded. There is no cancellation fee, no minimum contract, and no other hidden fees.  All retail purchases and Personal Training are not refundable.

Freeze / Cancellations

The minimum amount of time you can put your account on hold (i.e. Freezing) is 30 days. This freeze must concur with your billing date; and, it must be a minimum of 7 business days from the signing of this form. If you are on a monthly auto-billing, the next billing cycle, and subsequent months while you are frozen, will be reduced to $6.  If you are on a weekly billing cycle, all billings after the fifth week while the account is frozen will be reduced to $2.

Finally, the minimum term for all Urban Athlete memberships is 1 month unless otherwise stated. Your Urban Athlete membership can be canceled at any time AFTER 1 month of active membership, given a 30-day notice. Months that you are frozen DO NOT count towards your initial commitment.

All freezes and cancellations are completed in the club at the front desk. We do not accept freezes/cancellations through email.

By signing your initial contract and/or attending classes, events, activities, and other programs and using the Urban Athlete studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives, and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Urban Athlete workout program, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that Urban Athlete strongly recommends that you consult with my physician before commencing any classes. By signing this document (either in person or electronically), you acknowledge that 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. By signing this document, you assume all risks for your health and well-being and fully release and hold harmless for any responsibility, cost, or damages UA Fitness, LLC, its instructors, members, and employees. You hereby acknowledge that you, and any minor* under your care, fully release. * No one under 15 may participate. A minor aged 15-18 may participate with a parent present.

The content on the Urban Athlete website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Urban Athlete, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as-is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Urban Athlete reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Urban Athlete.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

“Urban Athlete,” “UA,” and the “UA” icon and other graphics, logos, wordmarks, and designs are trademarks of Urban Athlete in the U.S. and/or other countries for which applications are pending. Urban Athlete’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to confuse and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Urban Athlete.

Mobile services

The Urban Athlete Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Urban Athlete via your mobile phone, (ii) the ability to receive and reply to Urban Athlete messages, (iii) the ability to browse Urban Athlete from your mobile phone and (iv) the ability to access certain Urban Athlete features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data, and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may apply to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Urban Athlete and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Unpaid Charges

Unpaid charges including membership fees, unpaid late cancellation fees, and open account fees will cause membership suspension until such time that the account is brought current. Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts. A Cancellation Fee may also apply.

Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Third-Party Sites

Our Site may contain links to third-party sites that are not owned or controlled by UA Fitness, LLC.

UA Fitness, LLC has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Governing law

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Illinois, USA, without giving effect to any principles of conflicts of law.

Changes to this agreement

At our sole discretion, we reserve the right to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access, or continue to access the Site or discontinue any use of the Site immediately.

Eligibility

Membership is void where prohibited. This website is intended solely for Users who are 16 years of age or older. Any registration by, use of, or access to the website by anyone under 13 is unauthorized, unlicensed, and in violation of these Terms of Use. By using Urban Athlete Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.

Term

These Terms of Service shall remain in full force and effect while using the Urban Athlete Services or being a Member. You may terminate your membership at any time, for any reason, by signing the electronic cancellation form at your local studio. Terminations may also be done through regular mail. We cannot accept emails or phone terminations under any circumstance.  Urban Athlete may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.

Fees

You acknowledge that Urban Athlete charges fees for its services, and Urban Athlete reserves the right to change its fees from time to time at its discretion. If Urban Athlete terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

Password

When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Urban Athlete immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Entire agreement; no waiver

Together with our Privacy Policy and any other legal notices published by Urban Athlete on the website, these Terms of Service shall constitute the entire agreement between you and Urban Athlete concerning our website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Urban Athlete’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Urban Athlete reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Urban Athlete website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

Arbitration

YOU AND URBAN ATHLETE AGREE THAT EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT, OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Contacting Us

If you have any questions about these Terms of Service, the practices of Urban Athlete or its services, or your dealings with this site, please contact us at:

Urban Athlete

memberships@urbanathlete.com

These Terms of Service have been updated and effective as of March 1, 2021.