Terms and Conditions
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.platefit.co (“the Site”) operated by PLATEFIT OG LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.platefit.co
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 Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of PLATEFIT Services. You are only authorized to use the PLATEFIT Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the PLATEFIT website and discontinue use of PLATEFIT Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
In order to access some features of the website, you will have to create a PLATEFIT 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.
MEMBER SERVICES AND POLICIES
CANCELLATIONS: PLATEFIT Classes must be cancelled and waitlist cancellations must occur at least 12 hours in advance of the start of class. 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, 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 OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.
MEMBERSHIP PACKAGES: Members who purchase ANY membership package (such as, but not limited to Monthly Unlimited, 4- 8- 16- session membership packages or future promotional programs) are subjected to a penalty charge (fee amount varies between individual studio 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 PLATEFIT is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
FREE CLASSES: If you are coming in for a free class, please note that the cancellation policy and no show fees still apply. If you do not show up for class, you will be charged the full price of a Single Class.
STUDIO RULES AND REGULATIONS
All classes and membership packages are non-refundable. No exceptions.
All classes must be prepaid.
You must be physically present and checked in at the start of class or your spot may be released to a waitlisted client. No exceptions.
Reserved classes must be changed or cancelled at least 12 hours of scheduled time or they will be forfeited.
Membership packages are subject to a penalty fee for a late cancel or absence.
If recovering from injury or illness, notify the instructor prior to class start time.
Instructors and classes are subject to change without notice. Please go online and click on Class Schedule & Sign Up for current schedule. To check availability in these classes 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, OR using the premises or facilities or equipment, collectively referred to as “Classes” at PLATEFIT OG LLC studio locations, PLATEFIT WEHO 309 N. KINGS ROAD, LOS ANGELES, CA 90048, PLATEFIT BRENTWOOD, 13050 San Vicente Blvd Unit 208, Los Angeles, CA 90049, PLATEFIT STUDIO CITY, 13033 Venture Blvd Ste F, Los Angeles, CA 91604, PLATEFIT SYCAMORE 953 N. Sycamore Ave #100, Los Angeles, CA 90038, and PLATEFIT VENICE 1919 Lincoln Blvd, Venice, CA, 90291, 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 PowerPlate instruction and exercise equipment in association with Classes 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 PLATEFIT OG LLC, PLATEFIT WEHO 309 N. Kings Rd, Los Angeles, CA 90048, PLATEFIT BRENTWOOD LLC, 13050 San Vicente Blvd Unit 208, Los Angeles, CA 90049, PLATEFIT STUDIO CITY LLC, 13033 Ventura Blvd Ste F, Los Angeles, CA 91604, PLATEFIT SYCAMORE 953 N. Sycamore Ave #100, Los Angeles, CA 90038, and PLATEFIT VENICE 1919 Lincoln Blvd, Venice, CA 90291, 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 group exercise classes, which would include, but are not limited to, Power Plate; I represent that I have no medical or physical condition, including any from of COVID-19, that would prevent me from properly using any of PLATEFIT’s 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 PLATEFIT.
I understand and acknowledge that I am to receive instruction in PowerPlate exercise only and I will not hold PLATEFIT OG LLC its affiliates, owners, partners or instructors, to any higher standard of care than that applicable to the PowerPlate Method.
I hereby agree to release, hold harmless, indemnify, waive, discharge, and covenant not to sue PLATEFIT OG LLC, 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 PLATEFIT classes or use of the PLATEFIT 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 and voluntarily signed this form, 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 PLATEFIT OG LLC, 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 hereaftercreated, 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 PLATEFIT OG LLC, I hereby release and discharge PLATEFIT OG LLC, 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 PLATEFIT OG 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 PLATEFIT OG LLC, 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 PLATEFIT OG LLC, I FURTHER STATE THAT I HAVE CAREFULLY READ THE FOREGOING RELEASE AND KNOW THE CONTENTS THEREOF, AND FULLY AGREE WITH IT AND UNDERSTAND IT, AND I SIGN THE SAME AS MY OWN FREE ACT. I HAVE READ AND AGREED TO THE CANCELLATION/REFUND AND LATE ARRIVAL POLICY BELOW.
The content on the PLATEFIT 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 PLATEFIT, 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. PLATEFIT 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 PLATEFIT.
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.
“PLATEFIT OG LLC,” “PLATEFIT,” and the “CIRCLE” icon and other graphics, logos, wordmarks, and designs are trademarks of PLATEFIT in the U.S. and/or other countries for which applications are pending. PLATEFIT’s 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 service 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 PLATEFIT.
PLATEFIT 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 PLATEFIT messages, (iii) the ability to browse PLATEFIT from your mobile phone and (iv) the ability to access certain PLATEFIT 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 PLATEFIT 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.
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 PLATEFIT OG LLC.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, USA, 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 Service 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 Service.
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.
These Terms of Service shall remain in full force and effect while you use the PLATEFIT Services or are a Member. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that PLATEFIT charges fees for its services, and PLATEFIT reserves the right to change its fees from time to time in its discretion. If PLATEFIT terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
When you sign up for member 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 PLATEFIT 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.
The trademarks and trade dress of PLATEFIT are proprietary to PLATEFIT 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, PLATEFIT. Any other use of materials including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of PLATEFIT, is strictly prohibited.
You acknowledge that PLATEFIT 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. PLATEFIT may discontinue your right to access to the content and materials, or any portion thereof, at any time.
ENTIRE AGREEMENT; NO WAIVER
If you have any questions about these Terms of Service, the practices of PLATEFIT or its services, or your dealings with this site, please contact us at: email@example.com
These Terms of Service have been updated and effective as of July 9, 2020.