Terms & conditions

Effective as of October 15, 2021
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Please read these Terms & Conditions carefully, as they contain important information about your legal rights, remedies, and obligations. By using this website or app, you are deemed to have read and agreed to the following Terms & Conditions.

These terms and conditions (the “Terms”) govern your use of the ARISE website (www.arisegym.com) and app (the "Website” and the “App”). The Website and App are designed to allow users to make class/series/subscription purchases, register for classes, book spots, buy merchandise, and communicate with SD Training, LLC ("ARISE"). The Terms govern your attendance at in-studio ARISE workouts.

In order to make a reservation, you must first buy a class credit or a series of class credits. To buy an individual credit or series of credits online, you can either sign up on the Website or App by using your email and creating a password, or if you are already registered, click login to buy a series and make your reservation. Individual credits can be transferred to other Users with active accounts, but Users who are on unlimited plans cannot share their credits with other Users. When you buy a class credit, you are only entitled to use that credit to book a space in-studio. You cannot redeem your credit for cash. Class credits do expire. The expiration dates are posted in the description of the class or series of classes on our website and app. Future prices are also subject to change. Your credit/debit card will be charged for your order when you submit your reservation. ARISE 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 ARISE may incur in its efforts to collect any unpaid balances from you. Class credits purchased will not be entitled to a refund. Monthly memberships on a non-recurring basis will also not be entitled to a refund after they have been purchased. Recurring monthly memberships will not be entitled to a refund, but a freeze on your account can be granted at the sole discretion of the studio by emailing hello@arisegym.com.

All introductory offers, promotions and discount codes are for one time use only per individual, unless expressly indicated to the contrary. ARISE reserves the right to charge the full price in the event you use an introductory offer, promotion or discount code on a duplicate basis to purchase a class or series of the same. Should ARISE charge you the full price, your rights to then cancel such class or series and/or to receive a refund shall continue to apply in accordance with our standard cancellation and refund terms. ARISE also reserves the right in its discretion to immediately cancel all accounts linked to you in such circumstances.

Members are responsible for complying with all ARISE policies, including without limitation those set forth herein. ARISE reserves the right to cancel, revoke or suspend memberships for any violation of ARISE’S policies.
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Memberships auto-renew on a monthly basis unless cancelled at any time prior to the commencement of the next monthly billing cycle.
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Memberships may be upgraded or downgraded provided you notify ARISE prior to the commencement of the next monthly billing cycle.
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Memberships are not transferable and may only be used by the individual who has purchased the membership. ARISE reserves the right to require members to show photo identification or otherwise verify their identity before entering an ARISE Class.
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Membership does not guarantee a spot in any particular ARISE class, and you will not be permitted to participate in these classes unless you have properly booked and reserved your spot. ARISE may give away your class spot if you are not in class at the class start time. Your booking of a spot for a class is subject to ARISE’s general policies on bookings as set forth in these terms and conditions.
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As a benefit of membership, ARISE may provide you with certain complimentary or promotional items. Such items have no cash value and are non-refundable and non-transferable. All complimentary membership items are subject to ARISE’s policies.
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ARISE will notify members of any change in monthly membership pricing before the next billing cycle.

Your safety and physical wellbeing is of primary importance to ARISE. In order to participate in a FIGHT class it is mandatory for all participants to use gloves, wraps and athletic footwear. ARISE reserves the right to refuse entry into a class if you chose not to wear such equipment. You will not be refunded for your class in such circumstances.

You may cancel your purchase of a class or series of classes for any of the reasons listed below. To do so, you must give us written notice, by e-mail or certified or registered mail to hello@arisegym.com or SD Training LLC, 208 North Jefferson Street, Kaufman TX 75142, Attention: Refunds.
You may cancel your contract in any of the following circumstances. 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, ARISE will refund you the purchase price of your unused class or classes. If you die, ARISE will refund your representative the purchase price of your unused class or classes.
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If you move your residence more than 25 miles from an ARISE studio location, you may cancel your purchase and ARISE will allow you to end recurring monthly memberships prior to the agreed upon end date without penalty. All such refunds subject to proof of change of mailing address.
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If ARISE stops offering classes, you may cancel your purchase.
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In addition to your rights of cancellation and refund, if you wish to simply cancel a spot booked in a class for rescheduling you may do so up until 12 hours before the applicable class, and in such case your class credit will be returned to your account to be used at a future date, subject to the applicable expiry date for such class or series of classes. You can cancel a reserved spot via the ARISE website or App.
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In fairness to our additional clients, AVAILABLE SPOTS WILL BE RELEASED 1 MINUTE BEFORE A CLASS BEGINS to standby clients.
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FOR CLIENTS LEAVING EARLY: If you are planning on leaving early, we kindly request that you tell the instructor ahead of time.
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FOR CLIENTS BOOKED FROM THE WAITLIST: You may be booked from the waitlist by our system, as clients cancel. If you are booked from the waitlist, you are responsible for this reservation and standard cancellation policies apply.

Unwashed, unworn, and ticketed items can be returned within 7 days of purchase for an exchange or ARISE store credit only. Receipt or proof of purchase must accompany the return in order to process. All sale items and all accessories, including but not limited to gloves, wraps, and water bottles, are final sale unless otherwise stated.

Cancellation of private training sessions must be communicated with the scheduled trainer.

Event fees are due and payable at the time of booking and are non-refundable. All attendees must agree to these Terms and Conditions prior to attending the event. Any third party vendor that ARISE may permit you to bring into an ARISE studio as part of a private event must include ARISE as an additional insured to such party’s general liability insurance as a condition to the grant of such permission.

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment, of ARISE, its affiliates and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in boxing, spin classes, fitness classes, and use of exercise equipment in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You 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, rhabdomyolysis, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the ARISE staff, you would be at physical risk participating in ARISE’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish ARISE with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing ARISE’s concerns and stating that ARISE’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (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 Facilities, (2) release, indemnify, and hold harmless ARISE, 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 you (a) have no medical or physical condition that would prevent you from properly using any of ARISE’s Classes and Facilities, (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 ARISE’s Classes and Facilities, and should not be participating in any Classes.

By attending in person classes, events, activities, and other programs and/or entering an ARISE location, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns: (a) to assume all of the foregoing risks related to COVID-19 and accept sole responsibility for any COVID-19 related injury, illness, damage, loss, claim, liability, or expense of any kind (including, but not limited to, personal injury, disability, and/or death) that may occur to you or your family members in connection with attendance at a ARISE location, and (b) covenant not to sue ARISE, its instructors, clients, and employees for any such claim, 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 ARISE, its instructors, its members, and its employees, whether a COVID-19 infection occurs before, during, or after entering an ARISE location. You also acknowledge that some states do not allow waiver of certain types of risks so the above limitations may not all apply to you.
In addition, by booking and then attending in person classes, you also agree and consent to the following protocols as a condition of entry into any ARISE location:

ARISE has not reviewed all the sites linked to the Website and App, and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website or app may contain the ARISE logo, please understand that it is independent from ARISE, and that ARISE has no control over the content of that website and/or app.

Going to third party or off-site websites or apps from the Website or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with ARISE.

The trademarks and trade dress of ARISE are proprietary to ARISE 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, ARISE. 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 or App, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of ARISE, is strictly prohibited.

You acknowledge that ARISE 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. ARISE 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.

As between you and ARISE, you own all content that you submit to ARISE. You grant ARISE and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" in your content. You further grant all users of ARISE’s services permission to view your content for their personal, non-commercial purposes.

In participating in ARISE’s classes, you may be photographed, videoed or otherwise recorded by ARISE or third parties authorized by ARISE in its or such third parties producing of content which among other things ARISE or such third parties may use to advertise, report upon, market and/or promote ARISE and its services. You hereby consent to such usage of your imagery (including those of minors that you may sign up for participation in ARISE classes for all and any such purpose by ARISE and such third parties and hereby agree that ARISE and such third parties without any payment to you shall in all cases be the sole owner of all intellectual and other proprietary rights therein without any restriction whatsoever.

NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of ARISE 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 or App or accessed through this Website or App. You also may not engage in the mass downloading of files from this Website and App; use the computer processing power of this Website and 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 or apps to this Websites and App.

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 ARISE’S 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 or App in connection with the sale or resale of any ARISE products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website or App. Furthermore, ARISE’S 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, your permission to use ARISE’S material will automatically terminate and any copies made of ARISE'S material must be immediately destroyed.
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Any unauthorized use of ARISE’S material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

In no event will ARISE be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website or App, or on any other linked/third-party website and/or app, 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 ARISE expressly advised of the possibility of such damage.
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All information is provided by ARISE on an "as is" basis only. ARISE provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

The Website and App, and your use hereof, is governed by the laws of the State of Texas, without regard to Texas’ choice of law provisions. Any claim arising out of your use of this Website and App must be brought in Texas.

Occasional changes may be made to this document as new services and content are added to the Website and App to reflect changes in ARISE’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically to stay informed of current privacy guidelines.

Occasional changes may be made to this document as new services and content are added to the Website and App to reflect changes in ARISE’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisionBy using the Website or App, you signify your acceptance of these Terms. If you do not agree to this, please refrain from using the Website and App. Your continued use of the Website and App following the posting of changes to these terms will indicate your acceptance of those changes.s. Users of the Website and App are encouraged to check this document periodically to stay informed of current privacy guidelines.

In the event of a medical or health emergency while participating in an ARISE class, please call 911 or appropriate medical responders immediately.

ARISE uses certain third-party software applications in order to provide its streaming services for performance metrics and for other operational needs. ARISE shall not be responsible for any errors, faults or other issues caused by such software applications.