Why You’re Reading This Document
The following Studio Agreement (the “Agreement”) will clearly communicate our expectations in having you as part of our community. If you have any questions please let us know as we want to make sure we are all on the same page moving forward.
In exchange for membership access to Bend Beyond classes and studio, you agree to be bound by the following conditions.
Parties. This Agreement is made between Bend Beyond, Inc., a corporation operating out of the State of Montana (“Bend Beyond”, “we”, “our”, and “us”) and you, the undersigned (electronically) or person who has clicked “I Agree” to this Agreement (“you” and “your”).
Services. We promise to provide you with access to our studio and the full use of our facilities, as well as access to our regularly scheduled classes (either online or in-person) at Bend Beyond (the “Membership”) according to the terms outlined in Schedule “A” below.
Term + Termination. This Agreement will be binding upon your Membership payment and will last for the time specified online or between us (the “Term”). You can decide to renew the Term of this Agreement as many times as you would like.
Please note that if you violate any of the terms of this Agreement, Bend Beyond may terminate this Agreement effective immediately and you will not be entitled to any refunds or any continued working relationship with Bend Beyond.
Our Commitment to You. Through your Membership, Bend Beyond is committed to providing you with the opportunity and support to achieve physical wellness, peace of mind, and a sense of balance so that you can live your best life.
Scheduling. Please refer to Bend Beyond’s available schedule of classes to see the exact scheduling and time of our classes.
Payment. You agree to pay the price, including the possibility of incremental payments (“Incremental Payment”), of the Membership as outlined below in Schedule “A” (the “Payment”). Payment is due upon completed purchase of the Membership and must be made in full prior to the start of your Membership.
Incremental Payments. If your method of Payment includes Incremental Payments, you authorize Bend Beyond to maintain your account information and charge that account automatically upon the renewal of the Membership with no further action required by you.
For Incremental Payments, Bend Beyond will charge your method of payment every four weeks for the Payment. We will notify you on the day of your Payment.
Membership Suspension. Details regarding the availability of a suspension of your Membership are dependent on the type of Membership you select, as outlined in Schedule “A”
Cancellation. To cancel your Membership, you can cancel anytime online through the link in the footer of our website. It is your responsibility to cancel your Membership before the Payment goes through.
Late Cancellation. Any cancellation that is less than 3 hours before a class start time is considered a late cancellation (“Late Cancel”). A Late Cancel incurs a $15 fee. No-shows to a class incur a $25 fee. Fees will be charged to the method of payment on file.
Refunds. Our refund policy is as follows: all sales are final. There will be no refunds.
Legal Fees. The cost of any legal fees regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment), you will be responsible for any and all legal fees incurred by Bend Beyond.
Payment Failure. In the event that your Payment fails, your Membership access will be temporarily suspended until we receive your Payment. In the event of three failed payments, you understand that Bend Beyond may contract a collection agency to collect the money from you.
No Guarantees. Bend Beyond cannot guarantee any particular success from participating in our classes or from our Membership. We promise to provide you with the opportunity, classes and support to achieve your goals, but any success and results ultimately depends on your commitment.
Code of Conduct. You agree to be mindful and respectful during the classes and duration of your Membership. This includes respecting other members of Bend Beyond in their fitness journey and taking care when using the facilities and studio space.
Studio Closure. If our studio and facilities are forced to close due to the current COVID-19 situation, a natural disaster, or other unavoidable circumstance, the Membership continues with online content.
Force Majeure. Bend Beyond will not be liable for any failure or delay regarding the Membership if such failure or delay is: beyond the reasonable control of Bend Beyond, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.
Substitute Services. Bend Beyond has the right to substitute services. This means that if we ever need to switch to online classes or virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in person classes.
Waiver. Before your Membership can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.
COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in any of the Membership activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health and ability to partake in the Membership activities, please consult with your doctor and we urge you not to visit our studios or facilities. We are all in this together and it is important that we follow guidelines on social distancing, hygiene practices, and act with kindness and responsibility towards each other in order to ensure everyone’s safety.
General Indemnity. You hereby fully indemnify Bend Beyond and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Indemnified Parties”) and save harmless the Indemnified Parties from any losses, claims, damages, actions, causes of action, costs and expenses that an Indemnified Party may sustain, incur or suffer at any time, which are based upon, arise out of or occur, directly or indirectly, by reason of any act or omission by you arising out of the performance of the Membership, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of Bend Beyond’s negligence, provided that where Bend Beyond has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.
Standard Legal Things. Jurisdiction. This Agreement will be governed exclusively by the laws of the State of Montana. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by me of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
Thank you for taking the time to read this. Time to start Living Beyond!
SCHEDULE “A” MEMBERSHIPS
Beyond FLEX Membership
Recurring Cost
$USD 139/4 weeks
First-Payment
$USD 59 (for new students only, thereafter $USD 139/4 weeks)
Details
In-studio classes and Bend At Home VOD classes.
Renewal
4 weeks, automatically
Suspensions
Suspension with prior notice permissible at no charge. Suspensions must be for a minimum of 3 weeks and max 8 weeks per calendar year. At least 5 days written notice via form linked in website footer is required. Suspension requests received with less than 5 days notice will not take effect until 5 days from the notice date.
Additional emergency holds are subject to a $35 administrative fee.
Cancellation
Self cancellation is required. Click the link in the footer of our website and follow the directions. Your membership is your responsibility. Payments are non-refundable. Self cancel anytime BEFORE your next payment. If you cancel on your payment day, your payment will run and you will have 4 more weeks to enjoy classes before your membership terminates.
Beyond COMMIT Membership
Recurring Cost
$USD 119/4 weeks
First-Payment
$USD 59 (for new students only, thereafter $USD 119/4 weeks)
Details
In-studio classes and Bend At Home VOD classes.
Renewal
4 weeks, automatically
Term
One year contract. After one year membership automatically renews to Flex membership at $139/4 weeks unless another Commit contract is signed.
Suspensions
Suspension with prior notice permissible at no charge. Suspensions must be for a minimum of 3 weeks and max 8 weeks per calendar year. At least 5 days written notice via form linked in website footer is required. Suspension requests received with less than 5 days notice will not take effect until 5 days from the notice date.
Additional emergency holds are subject to a $35 administrative fee.
Cancellation
This is a one year contract. Self cancellation is required after the 13th payment if you do not want to move to the Flex membership automatically. Click the link in the footer of our website and follow the directions. Your membership is your responsibility. Payments are non-refundable. Self cancel anytime BEFORE your first Flex payment. If you cancel on your payment day, your payment will run and you will have 4 more weeks to enjoy classes before your membership terminates.
MAINTENANCE MEMBERSHIP
Cost
$USD 79
Details
Can be used for in-studio classes. Includes unlimited access to Bend At Home VOD classes.
Renewal
4 weeks, automatically (Unused classes do NOT rollover.)
Suspensions
No suspensions.
10 Class Card
Cost
$USD 239
Details
Can be used for in-studio classes.
Expires 6 months from purchase date, no extensions.
Renewal
Does not renew.
Suspensions
No suspensions.