Terms & Release of Liability Waiver

This Terms & Release of Liability Waiver (the “Waiver”) is effective on the date of signature.

Thank you for joining the Joule community. This Terms, Waiver and Release of Liability Agreement, (“Agreement”) is between the person entering into this Agreement (“you”, “me”, or “I”) or your Minor (defined below) use, and Jovance Professional Studios, LLC, dba Joule Fitness Studio, a California limited liability company, and its affiliates (collectively, each independently, owned and operated Joule Studio and are referred to in the Agreement as “Joule”, “we”, “our”, or “us”). In this Agreement, we gather basic information about you and/or your minor, and obtain your agreement to our policies, media releases, assumptions of risk, and limitation of liability. You are required to enter into this Agreement before you or your Minor use any Studio or participate in any Event (defined below) or Activity (defined below). BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP CERTAIN RIGHTS THAT YOU MAY OTHERWISE ENTITLED TO BY LAW.

I. TERMS

• a. Class Purchases: Unless otherwise stated by us, single classes, class packages and Monthly Memberships are not transferable and are valid only at Joule in which they are purchased. Unless otherwise stated by us, Monthly Memberships purchased online are valid only at Joule where you first sign up for class using the Monthly Membership. Classes purchased through third party vendors may be subject to different terms and conditions.
  
  
• b. Ongoing Subscription. Your subscription will automatically renew unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Service. We will bill the subscription fee to your Payment Method. You must cancel your subscription in the manner described below before it renews in order to avoid the next subscription fee being billed to your Payment Method. Differing Subscriptions. We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in this Agreement will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
  
  
• c. Free Trials: If you qualify, your subscription may start with a free trial. The free trial period of your subscription lasts for the number of days specified in the offer starting with the day on which you complete the creation of your account and, as a result, have access to the Service. Free trials are for new and certain former subscribers only. We reserve the right, in our absolute discretion, to determine your free trial eligibility.
  
  
• We will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription, and your subscription will automatically renew unless you cancel prior to the end of the free trial period. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
  
  
• Free Trial Cancellation: YOU MAY CANCEL YOUR FREE TRAIL SUBSCRIPTION THROUGH JOULE’S WEBSITE OR APP GO TO “ACCOUNT” BUTTON AT THE TOP OF THE SCREEN TO REQUEST CANCELLATION. We will continue to bill your Payment Method for your subscription fee until you submit a cancellation request and receive a cancellation confirmation email. If you cancel after the free trial period, cancellation will be effective at the end of the current period for which you have paid.
  
  
• d. Recurring Billing. By starting your subscription and providing or designating a Payment Method, you authorize us to charge you a subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges.
  
  
• e. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes applicable to your account will take effect on the next billing period following our email notice to you of the price change.
  
  
• f. Billing Cycle. The subscription fee for the Service will be billed at the beginning of the paying portion of your subscription unless and until you cancel your subscription in the manner described below. We automatically bill your Payment Method on or about the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your subscription begins on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your subscription or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. We may authorize your Payment Method in anticipation of subscription or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.
  
  
• g. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation; however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
  
  
• h. Payment Methods. When you create your Service account, you will provide information and authorization regarding your Payment Method. You may edit your Payment Method information by visiting our website and clicking on the "Account" link, available at the top of the pages of the website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
  
  
• i. Cancellation. You may cancel your Service subscription at any time, and you will continue to have access to the Service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS OR UNWATCHED CONTENT. YOU MAY CANCEL YOUR SUBSCRIPTION THROUGH A JOULE WEBSITE OR APP CLICK THE CORRESPONDING “ACCOUNT” BUTTON AT THE TOP OF THE SCREEN TO REQUEST CANCELLATION. We will continue to bill your Payment Method for your subscription fee until you submit a cancellation request and receive a cancellation confirmation email. Cancellation will be effective at the end of the current period for which you have paid.
  
  
• j. Reservations/NoShows Cancellations: We recommend you reserve a space in advance of each class. Reservations can be made in person, by phone, or online. We may give away your reservation if you are not at your designated station in the studio at the start of class. You must cancel at least four (4) hours in advance of class start time to avoid a cancellation fee. Cancellations can ONLY BE MADE via your online account. If you have a Monthly Membership, you will be charged a cancellation fee determined by Joule not to exceed the cost of a single class. If you are a class package holder, your class package will be debited 1 class. If you purchased a single class, you will not receive a refund.
  
  
• k. Code of Conduct: I agree to comply with each Joule Code of Conduct.
  
  
• l. Personal Property: We are not responsible for the loss or theft of your personal property or belongings.
  
  
• m. Minors: Minors, persons under the age of 18 (each a “Minor”) are not permitted to create a client profile or purchase a class, class packages, or Monthly Memberships without the consent of their parent or legal guardian. If the person whose information is provided in the online sign up/purchase system is a Minor, I represent and warrant that I completed the sign up/purchase process, am either the parent or legal guardian of the Minor, and that I agree to the terms and conditions of this Agreement on the Minor’s behalf. This Agreement must be signed by a parent or legal guardian of any Minor prior to use by that Minor at Joule, or participation by that Minor in any Event (defined below) or Activity (defined below). Minors between the ages of 16 and 18 may attend classes at a Studio without a parent or guardian. Minors between the ages of 14 and 15 must be accompanied in class at a Studio with a parent or guardian. No Minor under the age of 14 may participate in a class, Event or Activity.

II. RELEASE OF LIABILITY AND ASSUMPTION OF RISK

• a. I voluntarily, without inducement and of my own free will, desire on my behalf, and if applicable, on behalf of a Minor for which I am a legal guardian or parent to (i). use or be granted access to one or more Joule facilities, including all rooms, areas and spaces in the interior and exterior of each studio and any adjacent parking lot (each a “Studio”); (ii) participate in trips, conferences, courses, outings or other types of events (collectively, “Events”) which may take place at Joule or other locations and which are sponsored by or involves Joule and/or their owners, members, officers, employees, independent contractors, volunteers, property managers, landlords, agents, representatives and all other persons acting in any capacity on their behalf (collectively, the “Released Parties”), and (iii) to engage in classes offered by the Released Parties, or other exercises and if applicable, to take advantage of Joule services (collectively, “Activities”) which may take place at Joule or are otherwise provided or sponsored by or involve any of the Released Parties.
  
  
• b. In consideration for being permitted to use Joule, to participate in Events, and/or engage in Activities. I hereby agree to release and discharge the Released Parties of myself and the Minor, and each of our next of kin, spouses, parents, siblings, heirs, assigns, agents, successors, and personal representatives as follows:
  
  
• c. ASSUMPTION OF RISK: I ACKNOWLEDGE AND AGREE THAT THERE ARE ELEMENTS OF RISK, BOTH KNOWN AND UNKNOWN ASSOCIATED WITH USE OF JOULE, PARTICIPATION IN EVENTS AND ENGAGEMENT IN ACTIVITIES. I FURTHER ACKNOWLEDGE AND AGREE THAT CERTAIN RISKS CANNOT BE ELIMINATED DUE TO THE CONDITION OF A STUDIO, OR THE NATURE OF LOCATION OF EVENTS OR ACTIVITIES AND THAT THESE ELEMENTS OF RISK MAY CAUSE PHYSICAL INJURY, EMOTIONAL DISTRESS, ILLNESS, PERMANENT DISABILITY, TRAUMA, OR EVEN DEATH TO ME OR THE MINOR, AND/OR LOSS OR DAMAGE TO MY OR THE MINOR’S PROPERTY, SOME BUT NOT ALL OF THE RISK INCLUDE FALLING, BEING INJURED BY THE ACTIONS OR INACTIONS OF OTHERS, EQUIPMENT FAILURES, AND INJURY RESULTING FROM ENGAGING IN PHYSICAL ACTIVITY. I CERTIFY THAT NEITHER I, NOR THE MINOR HAS A MEDICAL CONDITION WHICH COULD INTERFERE WITH MY OR THE MINOR’S ABILITY TO USE JOULE, PARTICIPATE IN AN EVENT OR ENGAGE IN AN ACTIVITY. I CERTIFY THAT I POSSESS ADEQUATE INSURANCE TO COVER ANY INJURY, DAMAGE OR LOSS INCLUDING DEATH THAT I OR THE MINOR MAY CAUSE OR SUSTAIN WHILE USING THE STUDIO OR PARTICIPATING IN ANY EVENT OR/OR ACTIVITY AND I AGREE TO SOLELY BEAR THE COST OF ANY INJURY, DAMAGE OR LOSS SUSTAINED AS A RESULT THEREOF THEREFORE, I AGREE TO ASSUME ALL RISK RESULTING FROM MY OR THE MINOR’S USE OF A STUDIO OR PARTICIPATION IN AN EVENT AND/OR ACTIVITY.
  
  
• d. MEDIA RELEASE: In exchange for being permitted to use Joule and participate in Events and Activities which I affirm as sufficient consideration, I hereby give the Released Parties the right to record my name, voice, image and likeness by any technological means, including film, digital recording, or other technology. I further irrevocably give the Released Parties, in perpetuity throughout the world and in all media, all right, title and interest in the Released Materials, and in any copies or derivative works made from them, which the Released Parties record. Without limiting the foregoing permitted uses shall include the right to create derivative works, edit or to use or not to use the Released Material in any manner and for any purpose whatsoever, including for outreach, advertising, publicity, exhibition, education or any other promotional purposes and in any media, including social media, website, film, print medium or any media to be future developed. To the maximum extent permissible by law, on behalf of myself and my heirs, assigns and personal representatives. I hereby waive any right or cause of action in law or equity that I or my heirs, assigns or personal representatives may have or hereafter acquire against the Release Parties for libel, slander, invasion of privacy, false light, copyright, or right of publicity from the use of the Released Materials by the Released Parties or any other party who may use the Released Materials without express authorization of the Released Parties.
  
  
• e. INDEMINICATION: I AGREE TO INDEMINFY, HOLD HARMLESS, DISCHARGE AND DEFEND THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, DEMANDS, LIABILITIY, CLAIMS, ACTIONS, EXPENSE, AND COSTS (INCLUDING ATTORNEY’S FEES) (EACH A “CLAIM”), WHETHER KNOW OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, INCURRED BY THE RELEASED PARTIES AS A RESULT OF MY OR THE MINOR’S USE OF THE STUDIO, PARTICIPATION IN ANY EVENT OR ENGAGEMENT IN AN ACTIVITY, INCLUDING ANY AND ALL CLAIMS WHATSOEVER ARISING OUT (A) THE NEGILIGENCE OF ME, THE MINOR OR THE RELEASED PARTIES, (B) THE USE OF ANY RECORDING MADE OR USED IN ACCORDANCE WITH SECTION D ABOVE; AND (C) ANY LACK OF AUTHORITY OR CAPACITY FOR ME TO ACT OR BIND THE MINOR TO THIS AGREEMENT.
  
  
• f. WAIVER OF JURY TRIAL: EACH PARTY HERTO HERBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS RELEASE.
  
  
• g. MISCELLANEOUS: This Agreement shall be governed by the laws of the state of California giving rise to the claim is situated without regard to its conflict of law principles if any action is brought by or on behalf of me and/or the Minor, against the Released Parties, such action must be brought in the federal or state counts located in Contra Costa County, California. If any provision of this Agreement is held to be contrary to law or unenforceable for any other reason by a court of competent jurisdiction, such provision shall be revised to the minimum extent necessary to comply with the law and the remainder of the provision and this Agreement shall remain in full force and effect. The captions used in this Agreement are provided for convenience only and will not affect the meaning or interpretation of any provision of this Agreement Electronic transmission of this Agreement or electronic signature will be deemed to be the same as an original signature. At the request of any Released Party, I agree to confirm an electronically signed Agreement by signing an original document. In any action brought under this Agreement, the prevailing party will be entitled to recover, in addition to costs, reasonable attorney fees.

*You authorize us to contact you by phone for any reason related to Joule. You also give us permission to contact you via text or email.