HIGH IMPACT TRAINING

Please read these Terms of Services (“Agreement”, “Terms of Services”) carefully before using www.powerplatecenters.com (“the Site”) operated by POWER PLATE FITNESS CENTERS LLC (“PPC”, “us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.powerplatecenters.com

By accessing or using the Site 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 Services. Capitalized terms are defined in this Agreement. These Terms of Services set forth the legally binding terms for your use of POWER PLATE CENTERS Services.

You are only authorized to use the POWER PLATE CENTERS Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Services.

Please read these Terms of Services carefully and save it. If you do not agree with it, you should leave the POWER PLATE CENTERS website and discontinue use of POWER PLATE CENTERS Services immediately. If you wish to become a Member, you must read these Terms of Services and indicate your acceptance during the registration process.

ACCOUNTS

In order to access some features of the website, you will have to create a POWER PLATE CENTERS 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.

 

CLIENT SERVICES AND POLICIES
CANCELLATIONS:

POWER PLATE CENTERS small group training classes, private, partner and bioDensity sessions must be cancelled and classes / sessions waitlist cancellations must occur at least 12 hours in advance of the start of class or sessions. If you put yourself on the waitlist, look out for emails up to 12 hours in advance and check your schedule under your account to see if you’ve gotten in. If you were moved into the class / private / partner / bioDensity session, we assume you will be coming unless you notify us that you can’t make it (at least 12 hours in advance).

RESERVATIONS:

YOU MUST BE PHYSICALLY PRESENT AT THE START OF YOUR SCHEDULED CLASS / PRIVATE / PARTNER / BIODENSITY SESSION OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.

PACKAGES:

Clients who purchase ANY package (such as, but not limited to 12 – 36 small group training class packages or 12 – 36 private/partner training sessions or 4 – 12 bioDensity sessions or future promotional programs) are subjected to a penalty charge (fee amount varies between individual center locations) for either a late cancel or an absence should they not cancel their reservation within the allotted 12-hour window.

PERSONAL BELONGINGS:

You agree that POWER PLATE CENTERS is in no way responsible for the safekeeping of your personal belongings while you are present in the center. You assume all risk of loss for any of your personal belongings.

FREE CLASSES / SESSIONS:

If you are coming in for a free class / session, please note that the cancellation policy and no show fees still apply. If you do not show up, you will be charged the full price of a single class / private / partner / bioDensity session.

CENTER RULES AND REGULATIONS

All small group classes / private / partner / bioDensity sessions and packages are non-refundable. No exceptions.

All small group classes / private / partner / bioDensity sessions must be prepaid.

You must be physically present and checked in at the start of small group class / private / partner / bioDensity session or your spot may be released to a waitlisted client. No exceptions.

Reserved small group classes / private / partner / bioDensity sessions must be changed or cancelled at least 12 hours of scheduled time or they will be forfeited.

Packages are subject to a penalty fee for a late cancel or absence.

If recovering from injury or illness, notify the center prior to class / private / partner / bioDensity session start time.

Instructors and Power Plate classes / private / partner and bioDensity sessions are subject to change without notice. Please go online and click on Schedule and Sign Up for current schedule. To check availability in these classes / private / partner / bioDensity sessions use your account to login and access our live calendar.

 
AGREEMENT OF RELEASE AND WAIVER OF LIABILITY

By signing up for and/or attending classes / private / partner / bioDensity sessions, or using the premises or facilities or equipment, collectively referred to as “Classes” at POWER PLATE CENTERS locations, you hereby acknowledge and agree on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in Power Plate and bioDensity instruction and exercise equipment in association with Classes, Sessions and Facilities. You further acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries.

You acknowledge that the specific risks vary depending on activity but can range from minor injuries (such as sprains, tearing, scratches) to major injuries (such as joint or back injuries, heart attacks, and concussions) and catastrophic injuries (such as paralysis or death.) At all times, you shall comply with all safety signs, rules, and oral instructions given to you by instructors and staff. In consideration of me participating and/or attending as a student of POWER PLATE CENTERS, POWER PLATE CENTERS, I represent and agree as follows:

I am presently in good health. I have been examined by a licensed physician within the past six months and have been found by such physician to be in good health and fully able to take exercise classes, which would include, but are not limited to, Power Plate or bioDensity; I represent that I have no medical or physical condition, including any form of COVID-19, that would prevent me from properly using any of POWER PLATE CENTERS Classes and Facilities, and I do not have a physical or mental condition that would put me in any physical or medical danger. I hereby declare that I do not currently have COVID-19 or any symptoms of COVID-19; I hereby declare I am not pregnant; I hereby declare I do not have a pacemaker; I agree to assume full responsibility for any and all viruses (including COVID-19), injuries, or damage which are sustained or aggravated by me in relation to the Classes and Facilities of POWER PLATE CENTERS. I understand and acknowledge that I am to receive instruction in Power Plate exercise and / or bioDensity therapy only and I will not hold POWER PLATE CENTERS, its affiliates, owners, partners or instructors, to any higher standard of care than that applicable to the Power Plate and the bioDensity Method. I hereby agree to release, hold harmless, indemnify, waive, discharge, and covenant not to sue POWER PLATE CENTERS, ITS AFFILIATES, ITS PARTNERS, ITS OWNERS, ITS INSTRUCTORS, ITS AGENTS AND EMPLOYEES, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities to the fullest extent allowed by law arising out of participation in POWER PLATE CENTERS classes or use of the POWER PLATE CENTERS facilities; I expressly agree to indemnify and hold harmless releasees, for any attorney’s fees, court costs (not limited to taxable) and any other expense that may be incurred by releasees, arising out of the necessity of defending any mediation, arbitration, or lawsuit instituted by virtue of injuries, death or property damage suffered by me, or injuries, death or property damage caused by me.

I have read the terms and conditions and further agree that no oral representations, statements or inducements apart from the foregoing written agreement have been made. This release contains the entire Agreement between the parties hereto, and the terms of this release are contractual and not a mere recital. I hereby irrevocably consent to and authorize the use by POWER PLATE CENTERS of any and all photographs, video, voice recordings, or other media taken of me including derivative works thereof (collectively, the “Images”), and any reproduction of them in any form in any media whatsoever, whether now known or hereafter created, throughout the world in perpetuity. I also consent to the use of my name or likeness, or an assigned fictitious name, in connection with the exhibition, distribution, merchandising, advertising, exploiting and/or publicizing of POWER PLATE CENTERS, I hereby release and discharge POWER PLATE CENTERS, its trustees, officers, employees, licensees, and affiliates from any and all claims, actions, suits or demands of any kind or nature whatsoever, in connection with the use of Images and the reproduction thereof as aforesaid. I understand and agree that POWER PLATE CENTERS c/o POWER PLATE SPORTS LLC will be the exclusive owner of all rights, including, but not limited to, all copyrights, in and to the Images in whole or part, throughout the universe, in perpetuity, in any medium now known or hereafter developed, and to license others to so use them in any manner POWER PLATE CENTERS, may determine in its sole discretion, without any obligation to me. I hereby waive any right that I may have to inspect and/or approve the use of the Images or any reproductions thereof, by POWER PLATE CENTERS, I FURTHER STATE THAT I HAVE CAREFULLY READ THE FOREGOING RELEASE AND KNOW THE CONTENTS THEREOF, AND FULLY AGREE WITH IT AND UNDERSTAND IT. I HAVE READ AND AGREED TO THE CANCELLATION / REFUND AND LATE ARRIVAL POLICY BELOW.

CONTENT

The content on the POWER PLATE CENTERS 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 POWER PLATE CENTERS c/o POWER PLATE SPORTS LLC, 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. POWER PLATE CENTERS 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 POWER PLATE CENTERS. 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. “POWER PLATE CENTERS”,” “POWER PLATE”, “BIODENSITY” and the “REVERB” icon and other graphics, logos, word marks and designs are trademarks of PERFORMANCE HEALTH SYSTEMS (“PHS”) CHICAGO, USA. POWER PLATE CENTERS 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 services in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of POWER PLATE FITNESS CENTERS LLC.

MOBILE SERVICES

POWER PLATE CENTERS 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 via your mobile phone, (ii) the ability to receive and reply to POWER PLATE CENTERS messages, (iii) the ability to browse POWER PLATE CENTERS from your mobile phone and (iv) the ability to access certain POWER PLATE CENTERS 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 be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding POWER PLATE CENTERS 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.

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 POWER PLATE CENTERS.

POWER PLATE CENTERS 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 the city of Dubai, United Arab Emirates, without giving effect to any principles of conflicts of law.

CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to modify or replace these Terms of Services 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 Services.

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

This website is intended solely for Users who are 13 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 POWER PLATE CENTERS 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 Services. 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 Services shall remain in full force and effect while you use the POWER PLATE CENTERS Services or are a POWER PLATE CENTERS Client. Even after termination, these Terms of Services will remain in effect.

FEES

You acknowledge that POWER PLATE CENTERS charges fees for its services, and POWER PLATE CENTERS reserves the right to change its fees from time to time in its discretion. If POWER PLATE CENTERS terminates your access because you have breached these Terms of Services, you may not be entitled to a refund of any unused portion of packages or other fees.

PASSWORD

When you sign up for POWER PLATE CENTERS 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 POWER PLATE CENTERS 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.

INTELLECTUAL PROPERTY

The trademarks and trade dress of POWER PLATE CENTERS are proprietary to POWER PLATE CENTERS and may not be used by you for any reasons other than as expressly permitted. All moves, content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; are property of, or duly licensed to, POWER PLATE CENTERS. Any other use of materials including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of POWER PLATE CENTERS, is strictly prohibited.

You acknowledge that POWER PLATE CENTERS and/or third party content providers remain the owners of all content and 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. POWER PLATE CENTERS may discontinue your right to access to the content and materials, or any portion thereof, at any time.

ENTIRE AGREEMENT; NO WAIVER

These Terms of Services, together with our Privacy Policy, and any other legal notices published by POWER PLATE CENTER on the website, shall constitute the entire agreement between you and POWER PLATE CENTERS concerning our website. If any provision of these Terms of Services 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 Services, which shall remain in full force and effect. No waiver of any term of these Terms of Services shall be deemed a further or continuing waiver of such term or any other term, and POWER PLATE CENTERS failure to assert any right or provision under these Terms of Services shall not constitute a waiver of such right or provision. POWER PLATE CENTERS reserves the right to amend these Terms of Services at any time and without notice, and it is your responsibility to review these Terms of Services for any changes.

Your use of the POWER PLATE CENTERS website following any amendment of these Terms of Services will signify your assent to and acceptance of its revised terms.

 
ARBITRATION

YOU AND POWER PLATE CENTERS 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 SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICES) 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 Services, the practices of POWER PLATE CENTERS or its services, or your dealings with this site, please contact us at hello@powerplatecenters.com 

These Terms of Services have been updated and effective as of 3 January 2022