All customers and visitors to www.thoroughbredts.com (the “website”) are subject to Thoroughbred Treadmill Studio LLC’s terms and conditions as expressed below.
These terms and conditions are meant 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 Thoroughbred Treadmill Studio’s standard and current procedures, rules, regulations and requirements. Thoroughbred Treadmill Studio reserves the right to update, modif, change or delete any or all of the terms and conditions at anytime. 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 don’t agree, don’t use this website.
Purchasing Classes and Making Reservations
The only way to access our facilities is through our website. After you create a username and password, you can purchase class credits and then reserve your class.
We accept Mastercard, Visa, American Express, debit cards and cash. You can reserve classes up to 7 days in advance. Your credit/debit card will be charged when you purchase class credits and one class credit will be deducted from your account when you reserve a class. Thoroughbred Treadmill Studio cannot process class credit purchases that use an incorrect, expired, or over-the-limit credit card. We will make good faith 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 will be responsible and liable for any fees, including attorneys’ fees and collection costs, that Thoroughbred Treadmill Studio may incur in its efforts to collect any unpaid balances from you. There are refunds or cancellations of running credits.
Monthly recurring package is good for designated amount of classes for 30 days from date of purchase. No refunds or cancellations of month running package. Thoroughbred Monthly Package plan is good for 5 or 9 classes for as long as in effect. Minimum commitment is 3 months (90 days). Plan may be cancelled after 3-month commitment by calling Thoroughbred Treadmill Studio. No Refunds.
Confidentiality/Personal Data/Electronic Communications
All transaction information is encrypted and transmitted over a secure network.
It’s important for you to protect your user name and password to prevent unauthorized use of your account or access to your personal information. 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.
When you visit www.thoroughbredts.com or send emails 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.
If you are under 18, you may register and use the Thoroughbred Treadmill Studio’s website only with the involvement of a parent or guardian. Thoroughbred Treadmill Studio does not accept the online registration of minors; please do not attempt to register on our website if you are under the age of 18.
Thoroughbred Treadmill Studio reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. When you visit Thoroughbred Treadmill Studio 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.
Cancellation policy
In order to cancel a Thoroughbred Treadmill Studio class online without using a class credit, you must cancel 24 hours prior to your class time. Canceling your reservation is easy. Just log into your account, click on “upcoming classes” and cancel the reservation.
If you are have less than 24 hours, but more than 12 hours, before class begins you may call the studio to cancel your class.
Once your class is cancelled, the class credit will be returned to your account for future use; the class credit is not refunded. If you haven’t cancelled your reservation by at least 12 hours before the class time, one class credit will be deducted from your account.
Links/third party websites
Thoroughbred Treadmill Studio makes no representations whatsoever about any other website which you may access through this one. Thoroughbred Treadmill Studio has no control over content on sites you may access through a link on www.thoroughbredts.com
When you access a non-Thoroughbred Treadmill Studio website, even one that may contain the Thoroughbred Treadmill Studio logo, please understand that it is independent from Thoroughbred Treadmill Studio, and that Thoroughbred Treadmill Studio has no control over the content on that website. A link to a non-Thoroughbred Treadmill Studio website does not mean that Thoroughbred Treadmill Studio 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. Thoroughbred Treadmill Studio and the Thoroughbred Treadmill Studio logo are service marks, trademarks, and/or trade dress of Thoroughbred Treadmill Studio or otherwise proprietary to Thoroughbred Treadmill Studio and may not be used by you for any reason other than as expressly permitted by this agreement. 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, Thoroughbred Treadmill Studio. 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 non-commercial 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 Thoroughbred Treadmill Studio is strictly prohibited.
Waiver
By signing up for and/or attending any class at Thoroughbred Treadmill Studio, you expressly represent that: (i) you have been examined by a physician; (ii) your physician is aware that you intend to attend and/or use Thoroughbred Treadmill Studio’s class and facilities and has not warned you against doing so; (iii) you are not aware of any medical or physical condition which would prevent you from attending and/or using any of Thoroughbred Treadmill Studio’s classes and facilities and/or put you in any physical or medical danger; and (iv) you have been advised that individuals with any chronic disabilities or conditions are at risk in using Thoroughbred Treadmill Studio’s class and facilities and should not do so.
As a result, you agree that there are certain inherent risks and dangers in treadmill running and exercise and in using treadmills and exercise equipment in association with the classes and facilities. By participating in classes and using the facilities and equipment provided by Thoroughbred Treadmill Studio, you hereby (i) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated as a result of classes and use of our facilities, (ii) waive, release and forever discharge Thoroughbred Treadmill Studio, its officers, agents, members, employees, representatives, and all others from any and all responsibility, claims, rights causes of action and/or liability from injuries or damages to your person or property resulting from your participation in and use of the classes and facilities, except for gross negligence or intentional misconduct.
Finally, Thoroughbred Treadmill Studio staff are not trained medical providers and will not provide medical advice. As a result, they cannot be expected to spot, anticipate or diagnose any medical condition. Nevertheless, if Thoroughbred Treadmill Studio staff become concerned that you would be at physical risk by using Thoroughbred Treadmill Studio’s classes and facilities, you will be denied access to Thoroughbred Treadmill Studio and its classes and facilities until you furnish Thoroughbred Treadmill Studio with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Thoroughbred Treadmill Studio’s concerns, and stating that Thoroughbred Treadmill Studio’s concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to use the classes and facilities of Thoroughbred Treadmill Studio.
Disclaimers
In no event will Thoroughbred Treadmill Studio be liable to you or any other party for any direct, indirect, special or other consequential damages resulting from your use of this website, the classes, facilities 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 previously in this agreement or other even if we are expressly advised of the possibility of such damages. All information is provided by Thoroughbred Treadmill Studio on an “as is” basis only. Thoroughbred Treadmill Studio provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability and non-infringement. 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.
In the event Thoroughbred Treadmill Studio is found liable for damages under any theory, except intentional misconduct and gross negligence, then our maximum liability shall be the total value of all class credits purchased by you in the twelve months before the claim arose.
Thoroughbred Treadmill Studio 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.
