Terms and Conditions

BY PURCHASING A MEMBERSHIP, YOU ARE AGREEING TO THE TERMS & CONDITIONS OUTLINED BELOW.

MEMBERSHIP AGREEMENT

This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Get It Movement Inc. (“GIM”), and you (“Member” or “Members”). GIM is a boutique fitness studio offering group fitness classes. This Agreement entitles members access to participate in these classes and to enjoy other amenities offered.

Please review this Agreement thoroughly as it is a legal contract between GIM and all members. By using the services offered at GIM, members are agreeing to the terms of this Agreement.

PURCHASES

If you do not cancel and do not show up to your scheduled class, your class will be forfeited and be changed a $30 no show fee.

PAYMENT SUMMARY

Monthly memberships are paid in advance monthly, on the calendar date which the membership was initially purchased, for the following month. Monthly membership payments shall be made via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below.

In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.

CONTRACT LENGTH

Monthly memberships are offered at a discounted rate based on contract length. Your contract length is outlined in the description of your chosen membership.

FREEZE POLICY

Members with a monthly unlimited membership may put their membership on hold for up to a specified amount of time based on contract length. A fee may be charged for additional freeze requests. Notice of intent to freeze one’s account must be submitted to GIM via email at [email protected] no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze period. Billing will resume automatically upon the end of freeze period.

CLASS CANCELLATION AND BOOKING POLICIESRESERVING CLASSES

Clients are solely responsible for the booking and cancelling of their classes. Clients may reserve class spots online through their account, through the GIM mobile application, or by calling GIM during normal business hours and confirming with studio staff.

SIGN-IN

Clients are required to enter their scheduled class no later than 5-minutes after the scheduled start time. If a client does not enter their classroom by this time, it is considered a no-show and GIM reserves the right to assign the spot to another person on the waitlist, as well as charge a no-show fee (detailed below).

CANCELLATIONS

Reservations may be cancelled without penalty by cancelling up to

8 hours prior to the class

start time. This may be done online via a client’s account, or by calling the studio during regular operating hours and confirming with studio staff. Once the class is cancelled within this time, the class will be returned to the client’s account, and the client will not be charged the cancellation fee.

Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are NOT valid and the member will be charged.

CLASS PACKS + LIMITED MONTHLY MEMBERSHIPS

If you do not cancel within the 8-hour window, your class will be forfeited and charged a NO SHOW FEE No exceptions.

MONTHLY UNLIMITED MEMBERSHIPS

If you do not cancel within the 8-hour requisite window, a late-cancel fee of $30 will be charged to your account. If you do not cancel and do not show up to your scheduled class, a no-show fee of $30 will be charged to your account. If you are on an auto debit contract or unlimited package you must have a working card on file for such fees or your contract will be suspended.

The no-show and late-cancel fees apply to ALL clients equally regardless of unlimited status or special package pricing or membership level.

If you book multiple classes, or waitlist multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. GIM staff cannot be held responsible for accidental bookings by clients, double bookings, or double waitlisted classes made by members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.

WAITLIST

: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. If you add yourself to a wait list, YOU are solely responsible for managing your bookings and for cancelling your classes within the bounds of the cancellation policy. The system will auto-populate clients into class from the waitlist as soon as other clients with confirmed spots cancel, and class slots will be assigned as such. GIM staff cannot move class slots for clients in classes that are completely full with wait lists.

PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBITPACKAGE PURCHASES

: By purchasing a package from GIM, you agree to the Terms and Conditions in full (see below). Unlimited and auto-debit contract members are required to keep a current credit card on file.

Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen. Packages that expire will activate on the first class either booked OR waitlisted. Placing yourself on a waitlist with an expiring package will activate your package. GIM staff will not adjust or extend special packages due to waitlisted classes or accidental bookings through the acts or omissions of clients. The expiration date set on an expiring package is the date on which the package may no longer be used. Members purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.

CREDIT CARD ON FILE

: Members may elect to keep a credit card on file using their GIM account online. By placing a card on file, the cardholder and account holder gives permission to the GIM staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the GIM cancellation policy detailed above.

AUTO-DEBIT

: By enrolling in an auto-debit contract, you authorize GIM to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) GIM will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your Membership Agreement and/or in connection with cancellation fees per the cancellation policy. GIM may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) the GIM booking system allows for booking through the available booking period regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. GIM cannot be held responsible for errors in processing due to expired or inaccurate information.

AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of GIM 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 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, 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 GIM staff, you would be at physical risk participating in GIM’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish GIM with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing GIM’s concerns and stating that GIM’s concerns are unfounded.

In consideration for 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 GIM, 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 GIM’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 GIM’s Classes and Facilities, and should not be participating in any Classes.

CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER

You may cancel this Membership Agreement at any time after the completion of the initial contract period as outlined in the description of your chosen package or membership. You must provide GIM written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than fourteen (14) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take place the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than fourteen (14) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled as of the date of the subsequent billing payment due date. If, at the time of receipt of your cancellation notice, you have outstanding payments owed to GIM, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and GIM reserves the right to pursue additional avenues or means to receive monies owed. This Membership Agreement may be cancelled prior to the completion of the initial contract period as outlined in the description of your chosen package or membership upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of GIM’s services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability); and (2) the member moves further than twenty five (25) miles from GIM. The member shall provide proof of new residence.

No refunds or cancellations will be granted for reasons other than those listed above. GIM reserves the right to modify or amend the services and facilities offered by GIM under the terms of this agreement. Such modifications may include access to virtual services in the event of a temporary closure of the facilities.

MISCELLANEOUSCONDUCT/DAMAGES

: GIM is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe GIM’s rules and regulations or who abuse equipment in any fashion will be asked to leave. GIM has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to GIM’s property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. GIM reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by GIM.

PHOTO/VIDEO RELEASE

: You hereby grant GIM, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at GIM and to use and publish these photos or videos in print and/or electronically. You agree that GIM may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.

You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the fifth business day after the date of this Agreement, excluding Sundays and holidays.

To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to Judy Thureson at 13901 N 73

rd St #215 Scottsdale, AZ 85260 OR [email protected].

ADDITIONAL SPECIFIC TERMS AND CONDITIONS.

UNLIMITED PASS 3-MONTH COMMITMENT, AUTOPAY POLICY

We offer the “Unlimited Pass (3 month commitment)” membership for our group classes (some exclusions may apply). This membership allows you to book up to 30 classes per 30 day period.

This membership auto-renews every month on the calendar date of initial purchase. By purchasing this membership you authorize GIM to charge the credit card on file each month until you cancel this membership. Each monthly payment is non-refundable.

By purchasing this membership, you are entering a 3-month contract term. You authorize GIM to charge your credit card on file for 3 consecutive months.

At the end of your initial 3-month contract term, this membership automatically renews for an additional 3-month period. No action is required on your part unless you wish to cancel your membership.

If you reserve a class using this membership and you do not attend (“no-show”) a class, you will be charged a $30 fee to your credit card on file.

If you reserve a class using this membership and do not cancel your reservation online within 8-hours of class start of class (“late-cancel”), you will be charged a $30 late-cancel fee.

This membership can be put “on hold” or suspended for up to 14 days total for each 3-month term.

Cancellation of this membership during your initial 3-month contract term is not permitted. A $50 early termination fee applies for each cancelled month in the event you need to cancel your “Unlimited Pass (3 month commitment)”membership prior to the end of your initial 3-month contract term.

IF YOU WISH TO CANCEL YOUR “Unlimited Pass (3 month commitment)” AFTER YOUR INITIAL 3-MONTH CONTRACT TERM, EMAIL [email protected] OR click below AT LEAST 14 DAYS PRIOR TO YOUR NEXT SCHEDULED BILLING DATE.

UNLIMITED PASS 6-MONTH COMMITMENT, AUTOPAY POLICY

We offer the “Unlimited Pass (6 month commitment)” membership for our group classes (some exclusions may apply). This membership allows you to book up to 30 classes per 30 day period.

This membership auto-renews every month on the calendar date of initial purchase. By purchasing this membership you authorize GIM to charge the credit card on file each month until you cancel this membership. Each monthly payment is non-refundable.

By purchasing this membership, you are entering a 6-month contract term. You authorize GIM to charge your credit card on file for 6 consecutive months.

At the end of your initial 6-month contract term, this membership automatically renews for an additional 6-month period. No action is required on your part unless you wish to cancel your membership.

If you reserve a class using this membership and you do not attend (“no-show”) a class, you will be charged a $30 fee to your credit card on file.

If you reserve a class using this membership and do not cancel your reservation online within 8-hours of class start of class (“late-cancel”), you will be charged a $30 late-cancel fee.

This membership can be put “on hold” or suspended for up to 30 days total for each 6-month term.

Cancellation of this membership during your initial 6-month contract term is not permitted. A $50 early termination fee applies for each cancelled month in the event you need to cancel your “Unlimited Pass (6 month commitment)”membership prior to the end of your initial 6-month contract term.

IF YOU WISH TO CANCEL YOUR “Unlimited Pass (6 month commitment)” AFTER YOUR INITIAL 3-MONTH CONTRACT TERM, EMAIL [email protected] OR click below AT LEAST 14 DAYS PRIOR TO YOUR NEXT SCHEDULED BILLING DATE.

UNLIMITED PASS 12-MONTH COMMITMENT, AUTOPAY POLICY

We offer the “Unlimited Pass (12 month commitment)” membership for our group classes (some exclusions may apply). This membership allows you to book up to 30 classes per 30 day period.

This membership auto-renews every month on the calendar date of initial purchase. By purchasing this membership you authorize GIM to charge the credit card on file each month until you cancel this membership. Each monthly payment is non-refundable.

By purchasing this membership, you are entering a 12-month contract term. You authorize GIM to charge your credit card on file for 12 consecutive months.

At the end of your initial 3-month contract term, this membership automatically renews for an additional 12-month period. No action is required on your part unless you wish to cancel your membership.

If you reserve a class using this membership and you do not attend (“no-show”) a class, you will be charged a $30 fee to your credit card on file.

If you reserve a class using this membership and do not cancel your reservation online within 8-hours of class start of class (“late-cancel”), you will be charged a $30 late-cancel fee.

This membership can be put “on hold” or suspended for up to 90 days total for each 12-month term.

Cancellation of this membership during your initial 12-month contract term is not permitted. A $50 early termination fee applies for each cancelled month in the event you need to cancel your “Unlimited Pass (12 month commitment)”membership prior to the end of your initial 12-month contract term.

IF YOU WISH TO CANCEL YOUR “Unlimited Pass (3 month commitment)” AFTER YOUR INITIAL 3-MONTH CONTRACT TERM, EMAIL [email protected] OR click below AT LEAST 14 DAYS PRIOR TO YOUR NEXT SCHEDULED BILLING DATE.

UNLIMITED PASS MONTH TO MONTH (billed bi-monthly), AUTOPAY POLICY

We offer the “Unlimited Pass (billed bi-monthly)” membership for our group classes (some exclusions may apply). This membership allows you to book up to 30 classes per 30 day period.

This membership auto-renews billed bi-monthly on the calendar date of initial purchase. By purchasing this membership you authorize GIM to charge the credit card on file bi-monthly until you cancel this membership. Each monthly payment is non-refundable.

By purchasing this membership, you are entering a month to month term. You authorize GIM to charge your credit card on file until you give us a 14 day notice of cancellation.

This membership automatically renews unless we get a cancellation order in writing. No action is required on your part unless you wish to cancel your membership.

If you reserve a class using this membership and you do not attend (“no-show”) a class, you will be charged a $30 fee to your credit card on file.

If you reserve a class using this membership and do not cancel your reservation online within 8-hours of class start of class (“late-cancel”), you will be charged a $30 late-cancel fee.

This membership can NOT be put “on hold” or suspended.

IF YOU WISH TO CANCEL YOUR “Unlimited Pass” PLEASE EMAIL [email protected] OR click below AT LEAST 14 DAYS PRIOR TO YOUR NEXT SCHEDULED BILLING DATE.

CANCELLATION POLICY

We have an 8-hour cancellation policy. You may cancel any class reservation at least 8-hours prior to class start time with no penalty and the class credit will be available for you to rebook.

A class that is cancelled less than 8-hours prior to start time is considered a “Late Cancel” and will be forfeited (if booked using a class credit) or assessed a $30 fee (if booked using an Unlimited option).

A class that is booked but not attended is considered a “No Show” and will be forfeited (if booked using a class credit) or assessed a $30 fee (if booked using an Unlimited option).

CAN I SWITCH CLASSES?

If it is before 8 hours of the class start time, you can switch classes by cancelling the class you are enrolled in and booking a new class time. Same day or last-minute class swaps are still subject to our 8-hour cancellation window.

HOW DO I CANCEL A CLASS?

Classes can be cancelled by:

Step 1: Log into your account either on the studio schedule page or at the bottom of our website by clicking on “My Account.”

Step 2: Select “Schedule” to view your upcoming class reservations. Select “Cancel” next to the reservation you wish to cancel. If you have trouble cancelling a reservation please contact us via email at [email protected]

7. LIMITATION OF LIABILITY

7.1

GIM cannot be held responsible for any particular session, instructor and/or item of reformer equipment not being available for whatever reason. GIM reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and GIM will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.

7.2

It is the Member’s responsibility to ensure that he/she is capable of undergoing a routine of exercises provided by any program which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional.

7.3

GIM accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.

7.4

In consideration of their participation in the activities and programs GIM and the use of facilities and equipment owned and/or under the control of GIM the Member hereby waives and releases GIM from any and all responsibility or liability for injuries, damages, or death resulting from their participation in any of the Company’s activities or use of GIM’s equipment or facilities (including loss of a baby during pregnancy).

8. USE OF FACILITIES

8.1

A Member is entitled to use the Studio’s facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of GIM.

9. SAFETY & HYGIENE

9.1

In the interests of safety and hygiene, glass or food are not permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds.

9.2

Members must use the main entrance to GIM when entering or leaving GIM. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.

9.3

Smoking is forbidden in the Studio.

10. GENERAL

10.1

Members are required to give written notice to GIM of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to GIM.

10.2

GIM reserves the right to refuse admission to the Studio.