This Membership Agreement ("Agreement") is between Solidcore Holdings LLC ("[solidcore]") and the undersigned applicant ("You"). By signing this Agreement, you represent and warrant that you are eighteen (18) years of age or older, and in the event you are less than eighteen (18) years of age, you must have a parent or guardian co-sign this Agreement.
THIS AGREEMENT CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION. IF YOU ACCEPT THIS AGREEMENT, YOU AND [SOLIDCORE] AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION. THIS MEANS YOU AND WE ARE GIVING UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, AND TO HAVE DISPUTES BETWEEN US RESOLVED BY A JUDGE OR JURY.
Waiver of Liability
If you have any physical injuries and/or medical conditions that may affect your ability to safely and properly participate in [solidcore] classes, please consult your doctor prior to working out.
In exchange for permission to participate in [solidcore] classes and/or private sessions, you hereby enter into the following release and waiver of liability, assumption of risk and indemnity agreement. You, your heirs, spouse, executors, administrators, personal representatives and assignees, waive, release, discharge, defend, indemnify, hold harmless and agree not to sue [solidcore], its officers, directors, shareholders, employees, contractors, agents, landlords, lessees, sponsors, representatives, volunteers, and affiliates ("Released Parties") from, any and all liability, responsibility, damages, losses, claims, demands, actions, suits, judgments, costs and expenses (including attorneys' fees) resulting from personal injury, accidents, illnesses, death and/or property loss caused in any manner, including theft, fire and the simple, active or passive negligence of the Released Parties, by your participation in [solidcore] classes. You hereby understand that you are advised to move comfortably through the exercises and to work at your individual level of difficulty.
You acknowledge that you have been advised to consult with your physician with respect to any past, present or future injury, illness, cardiovascular problem, knee problem, back problem, neck problem, osteoporosis, or any other condition that may affect your participation and ability to participate in and to endure the exercise programs, and knowingly assume all risks relating to your participation at [solidcore].
You acknowledge that you have discussed with your physician the appropriateness of the classes offered by [solidcore] in connection with any illness or condition that you now have or have previously had and that you knowingly execute this Agreement freely and voluntarily, and intend by your signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Reservation Information
In order to participate in [solidcore] classes, you must reserve your spot in advance by creating an account online and registering for class.
If a class is full, we recommend putting yourself on the waitlist. If a spot opens up prior to 10 hours before class starts, you will automatically be added to the class. By putting yourself on the waitlist, you acknowledge that you will be able to take the class if you get in. If you do not want a spot in the class, you need to remove yourself from the class/waitlist 10 hours in advance of the class start time. If you are added to the class from the waitlist, fail to remove yourself, and do not attend, it will be a late cancellation, and you are subject to losing the class or the late cancellation fee (late cancellation fee only applies to unlimited members). If you do not get off the waitlist, the class will be credited to your account for future use.
Due to a limited number of spaces available, you can change or cancel your class up to 10 hours before the class starts. Please note we do not give refunds; your class will go back in your account for you to use another time. If you cancel within 10 hours before class starts, you will lose the class. We cannot give refunds or credits for any classes that you miss. If you have an unlimited package and you late cancel or no-show for class, you will be charged a late cancellation fee. Late Cancellation fees, which vary by studio, can be found on our Cancellation Policy.
Membership Terms
Membership Reoccurring Billing and Termination
This Agreement applies to the following memberships (each a "Membership" and collectively, the "Memberships"). Depending on your Membership, you may have different rights governing your term and termination.
Committed and Committed Plus Memberships (4, 8, 12, or unlimited) are billed monthly, and have a minimum of six- or twelve- months commitment, depending on the Committed Membership you select. Following the commitment term, the membership will automatically renew on a month-to-month basis at the then current monthly rate. Committed Memberships are ineligible for cancelation prior to the term expiration without penalty, subject to any applicable Consumer Right to Cancelation, which is applicable to the initial date of purchase. Any requested cancelation prior to the term expiration will require a notice of at least 30 days in advance of the monthly billing date, and must be accompanied by an early termination fee. If you are on a six-month commitment, your early termination fee is equivalent to one month of your membership rate. If you are on a twelve-month commitment, your early termination fee is equivalent to two months of your membership rate if you are requesting a termination in the first six months of your term, or the equivalent of one month of your membership rate if you are requesting a termination in the last six months of your term. You must be on an active, unfrozen membership to request a termination. Terminations can be requested by completing a request form online at memberships.solidcore.co. If you are currently on a Committed Membership and wish to upgrade or downgrade your membership, your commitment term will restart effective as of the transfer date. Transfers can be requested by contacting your local studio or [solidcore]'s client experience team at solidcore@solidcore.co.
Standard Memberships (4, 8, 12, or unlimited) are billed monthly, automatically renew on a month-to-month basis, and have no minimum commitments. Standard Memberships will continue to renew each month unless a cancelation is requested at least 30 days in advance of the auto-renewal date. Cancellations can be requested by completing a request form online at memberships.solidcore.co 30 days prior to your auto-renewal date. Failure to timely cancel will result in autorenewal.
Class Packages refers to any purchase of a pre-determined allotment of classes to be redeemed at [solidcore] in a given time frame. Unless otherwise specified, Class Packages are not subject to auto renewal. Classes purchased as part of a Class Package must be redeemed prior to the expiration date which accompanies the Class Package. No refunds will be given for expired and unredeemed classes.
Outside of a Committed or Committed Plus Membership term, all memberships are subject to pricing changes, which will be reasonably communicated to you in advance of any pricing change.
Membership Pause
[solidcore] members may receive a complimentary two-week pause once per calendar year by completing a request form online at memberships.solidcore.co at least 30 days in advance of the requested pause.
Membership Classes and Booking Restrictions
Any unused classes from 4-, 8-, or 12- memberships within the respective 30-day period will expire, and will not roll over to the next month. Classes from Class Packages will expire on a specified date after purchase and will not be redeemable after that date.
Unlimited memberships will be permitted to pre-book up to one class per day.
Consumer Rights to Cancellation of Purchase
You have the right to cancel your purchase of [solidcore] classes. Your right to do so may vary depending on the applicable laws of each state in which [solidcore] operates studios. As a result, please review the relevant state-specific terms and conditions, which are provided below. In general, you may cancel your initial purchase of a class, class package or membership at any time before midnight of the third business day after the initial date of your purchase. Please note that this applies to the initial date of purchase for memberships that renew monthly. To cancel, e-mail, snail mail, or deliver a signed and dated notice which states that you are canceling your purchase, and send it to solidcore@solidcore.co or Solidcore Holdings LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209, Attention: Legal.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDRUES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.
All notices that this agreement requires to be provided to [solidcore] should be sent to: legal@solidcore.co
1. Disputes that Must be Arbitrated
This agreement to arbitrate applies to any Dispute between you and [solidcore]. "Dispute" means any dispute, claim, or controversy (excluding those exceptions listed below) between you and [solidcore], whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either of us seeks legal recourse for and that arises out of or in any way relates to your use or attempted use of the Activities, or the [solidcore] website or application (whether arising out of or relating to past, present, or future acts or omissions). Disputes that must be resolved by an arbitrator also include disputes over the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.
The exceptions to this arbitration requirement are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or our right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (vi) certain roles expressly specified for courts in the terms below.
2. Informal Resolution
If you have a Dispute against us or if we have a Dispute against you, we will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and we will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days ("Informal Resolution") from the day you or we receive a written notice of a dispute from the other party (a "Notice of Dispute") in accordance with these Terms.
You must send any Notice of Dispute to the address for [solidcore] specified above, ATTN: NOTICE OF DISPUTE. We will send any Notice of Dispute to your registered email address and any address you have provided us. The Notice of Dispute sent by either party must include the sender's name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought.
The Notice requirement is designed to allow us (or you, in the case of a dispute we assert against you) to make a fair, fact-based offer of settlement if we or you choose to do so. You and we cannot proceed to arbitration unless this information has been provided. If you or we proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice to reimburse the other party for any arbitration fees and costs already incurred.
We hope you will try Informal Resolution first, and you must do so before commencing an arbitration, but you don't have to before going to small-claims court.
3. Small Claims Court
You and we agree that disputes that qualify for small-claims court in either the county where you live or the United States may be brought as individual actions only in such small-claims courts. To the fullest extent allowed by applicable law, you and we agree to waive the right to trial by jury in a small claims court.
4. Binding Individual Arbitration
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances do we consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.
You and we agree that Disputes will be resolved by binding individual arbitration conducted by JAMS, Inc. ("JAMS"), www.jamsadr.com, according to the United States Federal Arbitration Act ("FAA") and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the Dispute arises (the "JAMS Rules"), as modified by this Agreement.
"Arbitration" means that Disputes between us will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
"Individual" means that the arbitrator may award the same remedies to you or to us as a court could, but only to satisfy your or our individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute.
"Binding" means that both you and we will have to live with the arbitrator's decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, this Agreement, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.
5. Arbitration Procedure and Location
You or we may initiate arbitration of Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with JAMS in accordance with the JAMS Rules. Instructions for filing a Demand with JAMS are available on the JAMS website or by calling JAMS at 1-800-352-5267. You must send any Demand for Arbitration to [solidcore] at the address specified above. We will send any Demand for Arbitration to the email address and to any physical address you have provided us.
The arbitration will be conducted by a single arbitrator. You and we both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by this Agreement.
For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in the District of Columbia, unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant's state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the JAMS Rules.
The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and we agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator's essential factual and legal findings and conclusions. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim.
To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or us to satisfy one of our Individual claims (that the arbitrator determines are supported by credible relevant evidence).
An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.
All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
6. Consumer Arbitration Fees
If you start an arbitration against us, you will pay the filing fee required for consumer arbitrations. If we start an arbitration against you, we will pay all filing fees, including the share that ordinarily would have been borne by you.
Arbitration costs do not include your attorneys' fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys' fees and costs unless the applicable law provides otherwise. Nothing in this provision should be construed as preventing the arbitrator from awarding attorneys' fees to the prevailing party if applicable law and the JAMS Rules permit such awards.
7. Notice and Filing
To the fullest extent permitted by applicable law, you or we must start arbitration of a Dispute within two (2) years from when the Dispute first arose. If applicable law requires you or us to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, you and we will not have the right to assert the Dispute.
8. Special Rules for Coordinated Filings
If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered "Coordinated Cases" and the arbitration provider will treat them as such, including with respect to its fee schedule for mass arbitration filings. Applicable statutes of limitations will be tolled for all claimants once they have provided compliant Notices of Dispute to us, but demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below.
Once Notices of Dispute have been provided to us for Coordinated Cases, counsel for claimants and counsel for us shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate half of the cases selected for bellwether trials. If counsel for claimants and for us do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider's discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall each select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases filed against us, resolution of your personal claim might be delayed by this bellwether process.
A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
Once all bellwether trials have concluded (or sooner if the counsel for the claimants and us agree), the parties must engage in a single mediation of all remaining cases, with each side paying half the applicable mediation fee. Counsel for claimants and for us must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants and for us cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants and for us will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
If the mediation does not yield a global resolution, this arbitration requirement shall no longer apply to claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings. Their cases may be filed only in the courts in the District of Columbia, or if federal jurisdiction exists, in the United States District Court for the District of Columbia, and you consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or us from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and we reserve the right to contest class certification at any stage of the litigation and on any available basis.
A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
9. Class Action Waiver
To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed above for Coordinated Cases), you and we will only bring disputes, claims, or controversies between us in an individual capacity and shall not seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to this Agreement. For avoidance of doubt, to the fullest extent allowed by applicable law, this class action waiver applies even if a court finds that a Dispute is not subject to mandatory arbitration.
California
5-DAY CANCELLATION RIGHT: You, the buyer, may choose to cancel your purchase of [solidcore] classes at any time prior to midnight of the fifth business day after the date of first purchase (auto-renewals are subject to the 30-day notice policy). To cancel your purchase, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling your purchase, or words of similar effect. The notice shall be sent via first-class mail, via email, or delivered in person to: Solidcore California LLC, Attention: Legal, 1735 N Lynn Street, Suite 650, Arlington, VA 22209.
Cancellation of Purchases Requiring Payment of $1,500 to $2,501 or more:
- Purchase Requires Payment of $1,500 to $2,000: If this purchase requires payment of one thousand five hundred dollars ($1,500) to two thousand dollars ($2,000) you have a right to cancel this agreement at any time prior to midnight of the twentieth (20th) business day after the date of this purchase, excluding Sundays and holidays.
- Purchase Requires Payment of $2,001 to $2,500: If this purchase requires payment of two thousand one dollars ($2,001) to two thousand five hundred dollars ($2,500), you have a right to cancel this agreement at any time prior to midnight of the thirtieth (30th) business day after the date of this purchase, excluding Sundays and holidays.
- Purchase Requires Payment of $2,501 or More: If this purchase requires payment of two thousand five hundred one dollars ($2,501) or more, you have a right to cancel this agreement at any time prior to midnight of the forty-fifth (45th) business day after the date of this purchase, excluding Sundays and holidays.
Additional Cancellation Rights: You may cancel your purchase and receive a refund if you move more than 25 miles from a [solidcore] location and [solidcore] is unable to transfer the balance of your unused classes to a comparable facility within 25 miles of your new residence. You must provide written evidence of your move. You may also cancel your purchase in case of death or disability. [solidcore] may require verification. If [solidcore] eliminates or substantially reduces the scope of the facilities that were available upon the date of your purchase, you may cancel the contract and receive a pro rata refund on the terms indicated above, except that [solidcore] reserves the right to make reasonable changes to the type or quantity of classes or equipment offered.
Colorado
You may cancel your purchase of [solidcore] classes, without penalty, within 3 days of first purchase (auto-renewals are subject to the 30-day notice policy), exclusive of holidays and weekends, by mailing or delivering a written notice of cancellation to: Solidcore Colorado LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. You will receive a full refund of your purchase, less the cost of any used classes. A refund shall be issued within 15 days after receipt of the notice of cancellation.
Connecticut
If you wish to cancel your purchase of [solidcore] classes, you may cancel by mailing a written notice by certified or registered mail to the following address: Solidcore Connecticut LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. The notice must say that you do not wish to be bound by this contract and must be delivered or mailed before midnight of the third business day after your first purchase (auto-renewals are subject to the 30-day notice policy).
You may also cancel your purchase of [solidcore] classes if you relocate your residence further than twenty-five miles from any health club operated by the seller or from any other substantially similar health club which would accept the obligation of the seller. Your purchase may also be cancelled if you die, or if the health club ceases operation at the location where you entered into this contract. If you become disabled, you shall have the option of (1) being relieved of liability for payment on that portion of the contract term for which you are disabled, or (2) extending the duration of the original contract at no cost to you for a period equal to the duration of the disability. You must prove such disability by a certificate signed by a licensed physician or a licensed advanced practice registered nurse, which certificate shall be enclosed with the written notice of disability sent to the health club.
TO THE BEST OF YOUR KNOWLEDGE YOU DO NOT HAVE ANY PHYSICAL LIMITATIONS THAT WOULD PREVENT YOU FROM PARTICIPATING IN [SOLIDCORE] CLASSES.
If you cancel, [solidcore] may keep or collect an amount equal to the fair market value of the services you have already received. You will receive a refund 15 days after receipt of your notice of cancellation for the full purchase price, less the cost of any unused classes.
Delaware
You may cancel your purchase of [solidcore] classes, without penalty or obligation, at any time prior to midnight of the third business day after the date of first purchase (auto-renewals are subject to the 30-day notice policy), by mailing or delivering a written notice of cancellation to: Solidcore Delaware LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. You will receive a full refund of your purchase, less the cost of any used classes. A refund shall be issued within 30 days after receipt of the notice of cancellation.
You may cancel your purchase of [solidcore] classes if any studio in Delaware goes out of business and fails to provide equal facilities within 15 miles of the location designated in the purchase agreement. You will receive a full refund of your purchase, less the cost of any unused classes (charged at the rate of a single class package).
District of Columbia
You have the right to cancel this contract during the first fifteen days after the contract is made (auto-renewals are subject to the 30-day notice policy), or after the first fifteen days, if, due to death, illness, injury, or a change in residence, you are unable to use the full membership privileges in this contract. If you cancel, you will have to pay only for the goods or services you are entitled to up through the month in which you cancel, plus a registration fee of 5% of the price of this contract (not counting any finance charge), not to exceed $25. You must notify the health spa, by certified or registered mail at the address given in this contract, of your intention to cancel, or your cancellation will not be effective. If your cancellation is due to illness or injury, a certificate from a doctor of your choice must accompany your notice of cancellation to the health spa. Contact the District of Columbia Office of Consumer Affairs if you have a question as to how to calculate your obligation or your refund after you cancel.
Florida
You may cancel your purchase of [solidcore] classes, without penalty, within 3 days of first purchase (auto-renewals are subject to the 30-day notice policy), exclusive of holidays and weekends, by mailing or delivering a written notice of cancellation to: Solidcore Miami LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. You will receive a full refund of your purchase, less the cost of any used classes. A refund shall be issued within 30 days after receipt of the notice of cancellation.
If any studio in Florida goes out of business or moves its facilities more than 5 driving miles from its original location, and [solidcore] fails to provide, within 30 days, a facility of equal quality located within 5 driving miles of the original location, you may cancel your purchase of [solidcore] classes without penalty. You will receive a full refund of your purchase, less the cost of any unused classes (charged at the rate of a single class package).
A member's notice of his/her intent to cancel shall be given in writing to the health studio. And that such a notice of cancellation shall also terminate automatically the consumer's obligation to any entity to whom the health studio has subrogated or assigned the consumer's contract. If the health studio wishes to enforce such contract after receipt of the notice, it may request the department to determine the sufficiency of the notice.
That if the department determines that a refund is due to the buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remining in the contract term. The. Business location of a health studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises:
- Upon sale, for not more than 14 consecutive days; or
- During ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in a calendar year.
You (or your estate) may cancel your purchase of [solidcore] classes if you die or become physically unable to avail yourself of a substantial portion of those services which you used until the time of disability. You (or your estate) may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract is established by furnishing a certification of such disability by a physician licensed under Chapter 458, 459, 460 or Chapter 461 to the extent the diagnosis or treatment of the disability is within the physician's scope of practice. You will receive a full refund of your purchase, less the cost of any unused classes. A refund shall be issued within 30 days after receipt of the notice of cancellation.
Should the studio go out of business, you should contact the Florida Department of Agriculture and Consumer Services for information within 60 days.
If the health studio requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the health studio will provide the buyer with the means of such identification.
SHOULD YOU CHOOSE TO PAY FOR MORE THAN ONE MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.
Georgia
If you wish to cancel your purchase of [solidcore] classes, you have seven business days from first purchase to cancel (auto-renewals are subject to the 30-day notice policy). To cancel, mail or hand deliver a letter to the following address: Solidcore Atlanta LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. To be effective, your cancellation must be postmarked by midnight, or hand delivered by midnight of the seventh business day after the date of signing of the contract and must include all contract forms and any and all other documents and evidence of membership previously delivered to you.
You may cancel this agreement within 30 days from the time you knew or should have known of any substantial change in the services or programs available at the time you joined. Substantial changes include, but are not limited to, changing from being coed to being exclusively for one sex or vice versa. To cancel, send written notice of your cancellation to the address provided in this contract for sending a notice of cancellation. The best way to cancel is by keeping a photocopy and sending the cancellation by registered or certified mail, return receipt requested.
If you become totally and permanently disabled during your membership term, you may cancel this contract. [solidcore] is entitled to an amount equal to the value of the services used, determined by the single class package.
If you should die during the membership term or any renewal term, your estate may cancel the contract. [solidcore] is entitled to a reasonable predetermined fee in such event, in addition to an amount computed by dividing the total cost of your membership by the total number of months of the membership and multiplying the result by the number of months expired in the membership term. Reasonable proof of death may be required.
Should you choose to pay for any part of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this health spa ceases to conduct business. [solidcore] has not posted a bond, and no other protections may be provided to you should you choose to pay in advance.
Illinois
Your purchase of [solidcore] classes may be cancelled by you within three business days after first purchase (auto-renewals are subject to the 30-day notice policy), and all monies paid, subject to any classes used, shall be refunded to you. Business day shall mean any day on which the studio is open for business. If you purchase a class or package of classes at a studio which has not yet opened for business, you shall have seven calendar days in which to cancel the purchase and receive a full refund of all monies paid.
In the event of the relocation of your residence to farther than 25 miles from any [solidcore] studio in Illinois, and upon the failure of [solidcore] to designate a center, with comparable facilities and services within 25 miles of your new residence, you may cancel the your purchase of [solidcore] classes and shall only be liable for any used classes you have purchased.
If, because of death or disability, you are unable to use or receive all services contracted for, you, or your estate, shall only be liable for any used classes allocable to the time prior to death or the onset of disability. The studio shall in such event have the right to require and verify reasonable evidence of such death or disability.
Your notice of cancellation must be in writing and delivered by certified or registered mail to: Solidcore Chicago LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. All refunds to which you or your estate are entitled shall be made within 30 days of receipt by [solidcore] of the cancellation notice.
Indiana
You may cancel your purchase of [solidcore] classes, without penalty, within 3 days of first purchase (auto-renewals are subject to the 30-day notice policy), exclusive of holidays and weekends, by mailing or delivering a written notice of cancellation to: Solidcore Indiana LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. You will receive a full refund of your purchase, less the cost of any used classes. A refund shall be issued within 30 days after receipt of the notice of cancellation.
If any studio in Indiana goes out of business or moves its facilities more than 5 miles from its original location, and [solidcore] fails to provide, within 30 days, a facility of equal quality located within 5 miles of the original location, you may cancel your purchase of [solidcore] classes without penalty. You will receive a full refund of your purchase, less the cost of any unused classes (charged at the rate of a single class package).
You (or your estate) may cancel your purchase of [solidcore] classes if you die or become physically unable to avail yourself of a substantial portion of those services which you used until the time of disability. You (or your estate) may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract is established by furnishing a certification of such disability by a physician licensed to the extent the diagnosis or treatment of the disability is within the physician's scope of practice. You will receive a full refund of your purchase, less the cost of any unused classes. A refund shall be issued within 30 days after receipt of the notice of cancellation.
Kentucky
MEMBERS' RIGHT TO CANCEL
KENTUCKY LAW GIVES YOU THREE (3) DAYS TO CANCEL YOUR AGREEMENT WITH US. If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to Solidcore Kentucky LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. Certified mail would provide greater protection than first-class mail, but is not necessary. If you deliver the notice personally, you are entitled to a receipt. Your notice must make known that you do not wish to be bound by the contract. If the notice is delivered or mailed before midnight of the third business day after you sign this contract, you are entitled to a refund of the entire consideration paid for the contract. The notice must be delivered or mailed to the address above. If you cancel, the club is required to return, within ten (10) days of the date on which you give notice of cancellation, any payments you have made.
Maryland
NOTICE OF CONSUMER RIGHTS
Maryland law requires certain health clubs to have a bond or other form of financial security to protect members in the event the club closes. [solidcore] has posted a bond in the amount of $200,000.00 as required by law.
If your purchase has an expiration date of more than 3 months from the date of purchase, you may cancel your purchase of [solidcore] classes within 3 business days by notifying [solidcore] in writing. Written notification shall be delivered in person or by certified mail to Solidcore Montgomery County LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209, return receipt requested, bearing a postmark from the United States Postal Service, and if mailed shall be postmarked by midnight of the third business day. Business day for purposes of cancellation means Monday through Saturday, and does not include legal holidays. If you cancel within 3 business days, you will receive a full refund.
If your purchase has an expiration date of more than 3 months from the date of purchase and you become disabled prior to the expiration date, you are entitled to extend your [solidcore] classes for a period equal to the duration of the disability. This provision does not apply unless the disability is confirmed by a physician and is for a period longer than 3 months.
If a health club facility at which a buyer of health club services is provided with those services is closed for a period longer than 1 month through no fault of your own, you are entitled to either extend the expiration of your purchase for a period equal to the period during which the facility is closed; or receive a refund equal to the amount paid by you under the contract, less the cost of any classes you have already used (charged at the rate of a single class package).
Massachusetts
CONSUMER'S RIGHT TO CANCELLATION. YOU MAY CANCEL YOUR PURCHASE OF [SOLIDCORE] CLASSES WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY SENDING A WRITTEN NOTICE OF YOUR CANCELLATION DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF YOUR FIRST PURCHASE TO THE FOLLOWING ADDRESS: Solidcore Massachusetts LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209 (auto-renewals are subject to the 30-day notice policy). You will receive a refund within fifteen business days of receipt of such notice of cancellation.
ADDITIONAL RIGHTS TO CANCELLATION. You or your estate may also cancel your purchase of [solidcore] classes for any of the following reasons: (1) if upon a doctor's order, you cannot physically or medically take class because of significant physical or medical disability for a period in excess of three months; (2) in case of your death; (3) if the [solidcore] services to be provided are not available because the seller fails to open a planned location, permanently discontinues operation of a location, or substantially changes the operation of a location; (4) if you move either your residence or your place of employment more than twenty-five miles from any location operated by [solidcore] or a substantially similar health club which will accept the seller's obligation under the contract. [solidcore] may require reasonable evidence of the reason for cancellation pursuant to one of the above reasons. Your notice of cancellation must be provided in the same manner and method as provided above. You will receive a refund within 15 days of receipt of your notice of cancellation. Your refund will be your purchase price, provided, however, that [solidcore] may retain the portion of the total price representing the amount of time that the services or facilities you used prior to cancellation, and provided, further, that [solidcore] may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall [solidcore] demand more than the full contract price from the buyer.
Michigan
If you wish to cancel your purchase of [solidcore] classes, you may cancel by delivering or mailing by certified mail, return receipt requested, written notice to the following address: Solidcore Michigan LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after your first purchase (auto-renewals are subject to the 30-day notice policy). In some cases, you may also cancel this contract if you signed it before the health club facility was completed, if the club moves or goes out of business, if you become permanently disabled or if you move from the area. If you cancel, [solidcore] may be entitled to a certain portion of the contract price for any used classes.
Minnesota
You may cancel your purchase of [solidcore] classes, without penalty or obligation, at any time prior to midnight of the third business day after the date of first purchase (auto-renewals are subject to the 30-day notice policy), by mailing or delivering a written notice of cancellation to: Solidcore Minnesota LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. You will receive a full refund of your purchase, less the cost of any used classes. A refund shall be issued within 30 days after receipt of the notice of cancellation.
New Jersey
NOTICE TO CUSTOMER: You may cancel your contract at any time before midnight of the third operating day after receiving a copy of your contract. If you choose to cancel your contract, you must either: 1. Send a signed and dated written notice of cancellation by registered or certified mail, return receipt requested; or 2. Personally deliver a signed and dated written notice of cancellation to: Solidcore New Jersey LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. If you cancel your contract within the three-day period, you are entitled to a full refund of your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next operating day. Refunds will be made within 30 days of receipt of the cancellation notice.
You may also cancel your purchase of [solidcore] classes for any of the following reasons: (1) If upon a doctor's order, you cannot physically receive the services because of significant physical disability for a period in excess of six months; (2) If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing; (3) If you move your residence more than 25 miles from any health club operated by seller; or (4) If the services cease to be offered as stated in the contract. All moneys paid pursuant to such contract cancelled for the reasons contained in this subdivision shall be refunded, less any applicable deductions for use, within 30 days of receipt of such notice of cancellation.
New York
YOU MAY CANCEL YOUR PURCHASE OF [SOLIDCORE] CLASSES WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) BUSINESS DAYS FROM THE DATE OF FIRST PURCHASE (auto-renewals are subject to the 30-day notice policy). Your notice of cancellation must be in writing, signed by you, and mailed by registered or certified United States mail to: Solidcore New York LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. You will receive a refund within 15 business days of receipt of your notice of cancellation.
You may also cancel your purchase of [solidcore] classes for any of the following reasons: (1) If upon a doctor's order, you cannot physically receive the services because of significant physical disability for a period in excess of six months; (2) If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing; (3) If you move your residence more than 25 miles from any health club operated by seller; or (4) If the services cease to be offered as stated in the contract. All moneys paid pursuant to such contract cancelled for the reasons contained in this subdivision shall be refunded within 15 days of receipt of such notice of cancellation; provided however that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than the full contract price from the buyer. If the buyer has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the buyer shall also be returned within 15 days.
New York State law requires certain health clubs to have a bond or other form of financial security to protect members in the event the club closes. All New York [solidcore] studios have posted the financial security required by law.
North Carolina
You may cancel your purchase of [solidcore] classes, without penalty or obligation, at any time prior to midnight of the third business day after the date of first purchase (auto-renewals are subject to the 30-day notice policy), by mailing or delivering a written notice of cancellation to: Solidcore North Carolina LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. You will receive a full refund of your purchase, less the cost of any used classes. A refund shall be issued within 30 days after receipt of the notice of cancellation.
You may cancel your purchase of [solidcore] classes if you are unable to continue attending classes by reason of death or disability; or you have relocated more than eight miles from your present location, and more than 30 miles from the [solidcore] studio and any substantially similar facility that will accept the [solidcore] obligation under the agreement; or [solidcore] relocates it's facility more than eight miles from its present location, or the services provided by [solidcore] are materially impaired.
North Dakota
If you wish to cancel your purchase of [solidcore] classes, you may cancel by delivering or mailing by certified mail, return receipt requested, written notice to the following address: Solidcore North Dakota LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after your first purchase (auto-renewals are subject to the 30-day notice policy). In some cases, you may also cancel this contract if you signed it before the health club facility was completed, if the club moves or goes out of business, if you become permanently disabled or if you move from the area. If you cancel, [solidcore] may be entitled to a certain portion of the contract price for any used classes.
Pennsylvania
If you wish to cancel your purchase of [solidcore] classes, you may cancel by delivering or mailing by certified mail, return receipt requested, written notice to the following address: Solidcore Philadelphia LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after your first purchase (auto-renewals are subject to the 30-day notice policy).
If a [solidcore] facility temporarily closes for 30 days or less, you are entitled to receive an extension of the membership term equal to the period during which the facility is closed. If a [solidcore] facility closes for more than 30 days and [solidcore] fails to provide a comparable facility within ten miles of the location designated in the health club contract, you may cancel your purchase, and receive a refund of unearned payment.
Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health club at which the contract is entered into ceases operation and fails to offer a comparable alternate location within ten miles.
In the event of the relocation of your residence to farther than 25 miles from any [solidcore] studio in Pennsylvania, and upon the failure of [solidcore] to designate a center, with comparable facilities and services within 25 miles of your new residence, you may cancel your purchase of [solidcore] classes and shall only be liable for any used classes you have purchased. You (or your estate) may cancel your purchase of [solidcore] classes if you die or extend your membership if you become physically unable to avail yourself of a substantial portion of those services which you used until the time of disability.
South Dakota
If you wish to cancel your purchase of [solidcore] classes, you may cancel by delivering or mailing by certified mail, return receipt requested, written notice to the following address: Solidcore South Dakota LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after your first purchase (auto-renewals are subject to the 30-day notice policy). In some cases, you may also cancel this contract if you signed it before the health club facility was completed, if the club moves or goes out of business, if you become permanently disabled or if you move from the area. If you cancel, [solidcore] may be entitled to a certain portion of the contract price for any used classes.
Tennessee
BUYER'S RIGHT TO CANCEL:
YOU MAY CANCEL YOUR AGREEMENT BY SENDING NOTICE OF YOUR WISH TO CANCEL TO [SOLIDCORE] BEFORE MIDNIGHT OF THE THIRD DAY (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS) YOU SIGNED YOUR AGREEMENT. THIS NOTICE MUST BE SENT BY REGISTERED MAIL TO THE FOLLOWING ADDRESS: SOLIDCORE TENNESSEE LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209.
WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE NOTICE OF CANCELLATION, [SOLIDCORE] WILL RETURN ANY PAYMENTS MADE AND ANY NOTE EXECUTED BY YOU IN CONNECTION WITH THE AGREEMENT.
SHOULD YOU CHOOSE TO PAY THIS AGREEMENT IN FULL, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT [SOLIDCORE] CEASES TO CONDUCT BUSINESS.
IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW, IN THE EVENT [SOLIDCORE] CEASES OPERATION AND FAILS TO OFFER YOU AN ALTERNATE LOCATION WITHIN FIFTEEN (15) MILES, WITH NO ADDITIONAL COST TO YOU, THEN NO FURTHER PAYMENTS SHALL BE DUE TO ANYONE, INCLUDING ANY PURCHASER OF ANY NOTE ASSOCIATED WITH OR CONTAINED IN THIS CONTRACT.
STATE LAW REQUIRES THAT HEALTH CLUB AGREEMENTS BE PAYABLE ONLY IN THE FOLLOWING MANNER, AND ANY HEALTH CLUB WHICH ENTERS INTO HEALTH CLUB AGREEMENTS SHALL OFFER BOTH PAYMENT OPTIONS AT THE SAME PRICE, EXCLUDING INTEREST OR FINANCE CHARGES OR OTHER EQUIVALENT CHARGES WHICH SHALL NOT EXCEED EIGHTEEN PERCENT (18%) OF THE TOTAL CONTRACT PRICE:
- Full payment within ninety (90) days after entering into the health club agreement; or
- Equal monthly installments with any down payment (unless exempt as provided by law) limited to thirty percent (30%) of the total cost of the agreement. Prepayment is allowed at any time with full refund of unearned finance charges.
THIS CONTRACT DOES NOT CONTAIN ANY PAYMENTS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ENROLLMENT FEES, MEMBERSHIP FEES, OR ANY OTHER DIRECT PAYMENTS TO [SOLIDCORE], OTHER THAN FULL PAYMENT FOR THE AGREEMENT OR MONTHLY INSTALLMENT PAYMENTS WITH ANY DOWN PAYMENT (UNLESS EXEMPT AS PROVIDED BY LAW) LIMITED TO THIRTY PERCENT (30%) OF THE TOTAL COST OF THE AGREEMENT, AND, IN THE CASE OF INSTALLMENT PAYMENTS WHICH ARE NOT MADE BY ELECTRONIC FUND TRANSFER OR CASH, AN ADMINISTRATIVE CHARGE, NOT TO EXCEED FIVE DOLLARS ($5.00) FOR EACH BILLING PERIOD.
THERE ARE NO AUTOMATIC OR LIFETIME RENEWALS OF THE TERM INCIDENT TO THE TERM OF THIS CONTRACT. IF THE HEALTH CLUB PROVIDES FOR A RENEWAL OPTION, SUCH OPTION MUST BE AFFIRMATIVELY AGREED TO IN WRITING BY THE BUYER AT THE BEGINNING OF THE RENEWAL PERIOD. IF THE HEALTH CLUB FACILITY IS LESS THAN OR EQUAL TO TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED COST OF THE BASE MEMBERSHIP CONTRACT OR SEVENTY-FIVE DOLLARS ($75), WHICHEVER IS GREATER. HOWEVER, IF THE HEALTH CLUB FACILITY IS GREATER THAN TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED COST OF THE BASE MEMBERSHIP CONTRACT OR ONE HUNDRED TWENTY-FIVE DOLLARS ($125), WHICHEVER IS GREATER. PAYMENT OF ANY RENEWAL SHALL BE MADE AS REQUIRED BY TENNESSEE CODE ANNOTATED, SECTION 47-18-305(a)(5)(B)(ii).
A CONTRACT OR AGREEMENT MAY HAVE A CONTINUING PROVISION OR STIPULATION THAT PROVIDES FOR A MONTH TO MONTH CONTINUATION OF THE INITIAL TERM OF THE AGREEMENT PROVIDED THE BUYER HAS THE RIGHT TO CANCEL THE CONTINUING PORTION OF THE AGREEMENT AFTER FULFILLING THE ORIGINAL TERM OF THE AGREEMENT BY TENDERING THIRTY (30) DAYS WRITTEN NOTICE OF SUCH INTENT TO THE OPERATOR BY REGISTERED MAIL. IF SUCH CONTRACTUAL OBLIGATION HAS A CONTINUING PROVISION OR STIPULATION, NOTIFICATION MUST BE SENT BY THE HEALTH CLUB OPERATOR TO CONFIRM THAT THE ORIGINAL OBLIGATION WAS FULFILLED AND TO REAFFIRM THE MONTH TO MONTH OR CONTINUING PROVISION OR STIPULATION. SUCH NOTIFICATION SHALL ALSO INCLUDE NOTICE OF THE BUYER'S RIGHT TO CANCEL THE CONTINUING MONTH-TO-MONTH OBLIGATION UPON THIRTY (30) DAYS' WRITTEN NOTICE SENT BY THE BUYER TO THE OPERATOR BY REGISTERED MAIL.
ANY RENEWAL RIGHT GRANTED UNDER THIS CONTRACT SHALL EXPIRE ON THE FINAL DAY OF THE AGREEMENT. HOWEVER, THE BUYER SHALL HAVE A THIRTY (30) DAY GRACE PERIOD FROM THE DATE OF THE EXPIRATION OF THE RENEWAL RIGHT IN WHICH TO EXERCISE ANY RENEWAL RIGHT GRANTED TO THE BUYER UNDER THIS CONTRACT. THE OPERATOR SHALL HAVE THE RIGHT TO CHARGE A LATE PENALTY OF UP TO $25 IF THE RENEWAL RIGHTS ARE NOT EXERCISED ON OR BEFORE THE EXPIRATION DATE AS STIPULATED IN THE AGREEMENT OR ANY FUTURE RENEWAL PERIODS.
Texas
You may cancel your purchase of [solidcore] classes and receive a full refund of the payments made under the contract by sending, not later than midnight of the third business day after the contract date, written notice of cancellation, by certified mail to the following address: Solidcore Dallas LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. You will be refunded within 30 days after the date notice is received.
You may also cancel your purchase of [solidcore] classes and receive a partial refund if [solidcore] closes a location and fails to provide alternative facilities not more than ten miles from the location of the original studio; (2) relocates the studio more than ten miles from its location preceding the relocation; or (3) fails to provide advertised services. A member who dies or becomes totally and permanently disabled after the date a contract is entered into may cancel a contract and receive a refund of unearned payment.
Virginia
If you wish to cancel this contract, you may cancel by making or delivering written notice to this health club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to Solidcore NOVA LLC,1735 N Lynn Street, Suite 650, Arlington, VA 22209.
If canceled within three business days, you will be entitled to a refund of all moneys paid. You may also cancel this contract if this club goes out of business or relocates and fails to provide comparable alternate facilities within five driving miles of the facility designated in this contract. You may also cancel if you become physically unable to use a substantial portion of the health club services for 30 or more consecutive days, and your estate may cancel in the event of your death. You must prove you are unable to use a substantial portion of the health club services by a doctor's, physician assistant's, or nurse practitioner's certificate, and the health club may also require that you submit to a physical examination, within 30 days of the notice of cancellation, by a doctor, physician assistant, or nurse practitioner agreeable to you and the health club. If you cancel after the three business days, the health club may retain or collect a portion of the contract price equal to the proportionate value of the services or use of facilities you have already received. Any refund due to you shall be paid within 30 days of the effective date of cancellation.
Notice
ANY HOLDER OF THIS CONTRACT OR NOTE IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTORSHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
THIS CLUB IS NOT PERMITTED, PURSUANT TO THE VIRGINIA HEALTH CLUB ACT, TO ACCEPT ANY INITIATION FEE IN EXCESS OF $125 OR ANY PAYMENT FOR MORE THAN THE PRORATED MONTHLY FEE FOR THE MONTH WHEN THE CONTRACT IS INITIALLYEXECUTED PLUS ONE FULL MONTH IN ADVANCE.
Studio Locations
- Ashburn- 19825 Belmont Chase Dr #115, Ashburn, VA 20147
- Libbie Mill- 5000 Bakers Mill Ln, Richmond, VA 23230
- Reston- 12100 Sunset Hills Rd, Reston, VA 20190
- Ballston- 650 N Glebe Rd, Arlington, VA 22203
- Charlottesville- 2075 Bond St #140, Charlottesville, VA 22901
- Courthouse- 2311 Wilson Blvd, Arlington, VA 22201
- Crystal City- 1770 Crystal Dr Suite A, Arlington, VA 22202
- Mosaic- 2985 District Ave Suite 150, Fairfax, VA 22031
- Old Town- 800 N Henry St, Alexandria, VA 22314
- Short Pump- 12191 W Broad St Suite A, Henrico, VA 23233
- Tysons- 7911 Westpark Dr, McLean, VA 22102
Washington
BUYER'S RIGHT TO CANCEL: IF YOU WISH TO CANCEL YOUR PURCHASE OF [SOLIDCORE] CLASSES WITHOUT PENALTY, YOU MAY CANCEL IT BY DELIVERING OR MAILING A WRITTEN NOTICE TO THE FOLLOWING ADDRESS: SOLIDCORE WASHINGTON, LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. THE NOTICE MUST SAY THAT YOU DO NOT WISH TO BE BOUND BY THE [SOLIDCORE] AGREEMENT AND MUST BE DELIVERED OR MAILED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS CONTRACT. IF YOU CANCEL WITHIN THE THREE DAYS, THE [SOLIDCORE] WILL RETURN TO YOU WITHIN THIRTY DAYS ALL AMOUNTS YOU HAVE PAID.
You (or your estate) may cancel your purchase if you die or become totally disabled. [solidcore] may require that the disability be confirmed by an examination of a physician. You may cancel your purchase if you move your permanent residence to a location more than 25 miles from a [solidcore] studio or an affiliated studio offering the same or similar services and facilities at no additional expense to you. [solidcore] may require reasonable evidence of relocation. You may cancel your purchase if the [solidcore] studio facilities are permanently closed and comparable facilities owned and operated by [solidcore] are not made available within a ten-mile radius of the closed facility. If the contract for health studio services was sold prior to the opening of the facility, you may cancel within the first five business days the facility opens for use of the buyer and the studio begins to provide the agreed upon health studio services.
To cancel, you must deliver or mail a written notice to Solidcore Washington LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. Your notice of cancellation must include the confirmation email you received at the time of purchase. You will receive a full refund within 30 days of receipt of your notice of cancellation, less the cost of any used classes.
Wisconsin
If you wish to cancel your purchase of [solidcore] classes, you may cancel by delivering or mailing by certified mail, return receipt requested, written notice to the following address: Solidcore Wisconsin LLC, 1735 N Lynn Street, Suite 650, Arlington, VA 22209. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after your first purchase (auto-renewals are subject to the 30-day notice policy). In some cases you may also cancel this contract if you signed it before the health club facility was completed, if the club moves or goes out of business, if you become permanently disabled or if you move from the area. If you cancel, [solidcore] may be entitled to a certain portion of the contract price for any used classes.
Additional Terms
In addition to the Terms and Conditions and Privacy Policy, incorporated herein by reference, this Agreement constitutes the entire agreement between the parties hereto and there are no representations, warranties, covenants or obligations except as set forth in this agreement.
By signing below, you are giving [solidcore] your consent to contact you by email to the email address as set forth on the face of this Agreement, or by text message or telephone at the number provided herein for any matter related to your account, including collection of monies owed, alerts or notices regarding your purchased services, and promotions that may be of interest to you. You may update your communication preferences or revoke your consent to receiving promotional messages at any time. Your consent is not a condition of purchase.
This Agreement shall be construed and interpreted in accordance with the laws of the District of Columbia, without giving effect to its choice of law rules. If any portion of this agreement is held invalid, the remaining portions will continue in full force and effect.
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, successors and assigns.
You consent and agree that by marking your signature on an electronic screen to indicate that you agree with the terms of this Agreement constitutes your signature, acceptance and agreement with these terms as if actually signed by you in writing. You understand and agree that your electronic signature executed in conjunction with this Agreement will be legally binding and such transaction will be considered authorized by you.
