terms and conditions
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, https://forthepeoplehtxcom.com/ accessible at https://forthepeoplehtxcom.com/.
These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Minors or people below 18 years old are not allowed to use this Website.
Intellectual Property Rights
Other than the content you own, under these Terms, For The People HTX and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following:
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and For The People HTX may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant For The People HTX a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. For The People HTX reserves the right to remove any of Your Content from this Website at any time without notice.
This Website is provided “as is,” with all faults, and For The People HTX express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of liability
In no event shall For The People HTX, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. For The People HTX, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent For The People HTX from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
For The People HTX is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The For The People HTX is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between For The People HTX and you in relation to your use of this Website, and supersede all prior agreements and understandings
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of us, and you submit to the non-exclusive jurisdiction of the state and federal courts located in us for the resolution of any disputes.
GENERAL ASSUMPTION OF RISK & LIMITATION OF LIABILITY
By signing this contract, enrolling online, attending classes, events, activities, and/or other programs of for the people. whether online, in a for the people. studio, or using for the people. equipment (collectively, for the people. “Services”), you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives, and/or assigns (collectively “you” and/or “yourself”) that (a) there are certain inherent risks and dangers in the strenuous nature of the for the people. workout program, (b) you have voluntarily chosen to participate in an intense physical exercise program, (c) you understand that for the people. strongly recommends that you consult with your physician prior to commencing any workout regimen, (d) 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, and/or death, and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost, or damages for the people., its instructors, its members, and its employees for any injury, harm, or loss you may suffer, including death, as a result of participation in any for the people. Services.
If you are enrolling a minor (15-18) years of age, or older if applicable in the minor’s state of residence, the above release applies equally to said minor. No one under 15 years of age may participate. A minor 15-18 years of age may participate only with a parent or legal guardian present.
SPECIAL LIMITATION OF LIABILITY DURING THE CORONA
Special Limitation of Liability During the Coronavirus/COVID-19 Pandemic
for the people. takes the Coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, for the people. cannot guarantee that you, your family, and/or your guests will not become infected with COVID-19. It is possible that attending classes, events, and/or activities at for the people. may place you in close physical contact with other members, attendees, and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members, and/or your guests may be exposed to or infected by COVID-19 at a for the people. studio and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death. You understand that the risk of becoming exposed to or infected by COVID-19 at for the people. may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, for the people. employees and members.
By signing this document, enrolling online, and/or attending in person classes, events, activities, and other programs and/or entering the for the people. studio facilities, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (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 for the people. or as a result of participation in for the people. Services (“Claims”), and (b) covenant not to sue for the people., its instructors, clients, and employees for the Claims, 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 for the people., its instructors, its members, and its employees, whether a COVID-19 infection occurs before, during, or after entering for the people. studio facilities or participating in any for the people. Services. 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.
Non-Recording of Live Studio/Online Classes Agreement
You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any live for the people. classes, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of for the people.. for the people. studio teams and instructors are not authorized to provide consent. This includes even a temporary recording/transmission of a live for the people. online class via online platforms such as SnapChat, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in a for the people. online or studio class before and/or after a class with the consent of each participant who is identified in your content.
Any violation of this policy is grounds for exclusion from future participation in any for the people. classes. You further agree to indemnify, defend, and hold harmless for the people., its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage, or cost of any kind (including reasonable attorneys’ fees) resulting from your violation of this policy.
for the people. disapproves of any unwelcomed, inappropriate, and/or offensive conduct by its personnel or its members. If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any for the people. personnel or any for the people. member, including while participating in a for the people. At-Home Individual or Group Class, at a for the people. studio, or any other for the people.-related context, we encourage you to clearly and promptly tell the person engaging in the conduct that the conduct is unwelcomed and offensive (if you are comfortable doing so). We also ask that you promptly notify a member of the studio team if the harassment takes place in a studio or email the Client Experience team at [email protected] if the harassment takes place digitally or if you feel more comfortable reporting the harassment by email.
When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify studio location or time/type of virtual class), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.
for the people. will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. for the people. responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations and the outcome of the investigation. for the people. strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore, confidentiality cannot be guaranteed.
Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration of Disputes Agreement below.
ARBITRATION OF DISPUTES AGREEMENT
Please Read the Following Carefully – It May Significantly Affect Your Legal Rights Including Your Right to File a Lawsuit in Court
If you and for the people. do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued over a dispute arising out of this agreement, either party may initiate binding arbitration. All claims arising out of or relating to your use of the Services (including the formation, performance, and breach of this arbitration agreement), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) Consumer Arbitration Rules and Mediation Procedure (“AAA Rules”) if you are in the US, or the Canadian Arbitration Association (CAA) Consumer Arbitration Rules and Mediation Procedure (“CAA Rules”) if you are in Canada, excluding any rules or procedures governing or permitting class actions.
Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and for the people. shall select a single neutral arbitrator in accordance with the AAA Rules. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this arbitration agreement and all other agreements between you and for the people. shall be subject to the Federal Arbitration Act.
If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), for the people. will pay the additional cost. If for the people. is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and for the people. will arrange to pay all necessary fees directly to AAA. for the people. will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel, and other out-of-pocket costs and expenses not constituting fees or amounts payable to AAA. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration.
You and for the people. understand that absent this mandatory provision, you and for the people. would have the right to sue in court and have a jury trial. You and for the people. further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver
You and for the people. each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class, collective, or representative (“Class”) action, and you and for the people. each expressly waive our respective right to file a Class action or seek relief on a Class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a Class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and for the people. shall be deemed to have not agreed to arbitrate disputes.
Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
Exception – Small Claims Court Claims. Notwithstanding your and for the people. agreement to resolve all disputes through arbitration, either you or for the people. may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
14 Day Right to Opt-Out
Exclusive Venue for Litigation and Governing Law
To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and for the people. expressly consent that any litigation between you and us shall be filed exclusively in state or federal courts located in and governed by the laws of the State in which the dispute arose (except for small claims court actions which may be brought in the county where you reside) or, if in connection with for the people. At-Home, the state in which the class was taught, without giving effect to any principles of conflicts of law. In the event of litigation, you and for the people. agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.