MEMBERSHIP AGREEMENT
PLEASE READ CAREFULLY THIS MEMBERSHIP AGREEMENT BEFORE BECOMING A MEMBER AS YOUR PURCAHSE OF A MEMBERSHIP IS AN ACKNOWLEDGEMENT OF THE TERMS OF THIS AGREEMENT.
- VersaClimber* LIVE Class Membership Terms
By purchasing or using a VersaClimber Live Membership ("LIVE Membership") as provided by Heart Rate, Inc. ("Heart Rate"), you consent to the following terms and conditions ("Membership Terms"), which supplement and form a part of the VersaClimber LIVE Terms of Service.
You must be 18 years old or the age of majority in your State or Province of residence to purchase a LIVE Membership. If you are under 18 years old or the age of majority in your State or Province of residence, then you may not purchase a LIVE Membership.
A “Member” is any individual who has a VersaClimber Live account. A “Membership Holder” is any Member who activates and pays the monthly fees for a Membership. All other terms and references not defined here have the meaning given to them in the Heart Rate, Inc.'s Terms of Service for VersaClimber Live.
- Membership and Coverage
Membership. A LIVE Membership may be purchased in connection with your purchase of a VersaClimber connected fitness product, such as the VersaClimber (each, a “VersaClimber LIVE Product"). This LIVE Membership provides you with full access to VersaClimber Live's available classes, content, and features on a single VersaClimber LIVE Product in one household, plus access to the VersaClimber LIVE Apps, for as long as your LIVE Membership remains active.
As a Membership Holder you may possess one or more LIVE Memberships. However, Heart Rate may impose restrictions on the number of streams that can occur simultaneously under a single LIVE Membership or the maximum number of users per Membership. The LIVE Membership Holder is responsible for all activity under their Membership.
Billing Cycles. Any LIVE Membership recurs on a monthly basis until it is canceled in accordance with these Membership Terms. Billing occurs at the beginning of the LIVE Membership cycle and provides access for one month thereafter. To change or terminate your LIVE Membership, go to your Account Settings at _________________________or contact Member Support at ________________.
By purchasing a LIVE Membership, you acknowledge that your LIVE Membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your LIVE Membership by you or VersaClimber Live.
Prepaid Periods. You will have the option to prepay for a period of one or more months of your LIVE Membership. At the conclusion of a prepaid period, unless you cancel prior to renewal, and to the extent permitted by applicable law, your LIVE Membership will automatically continue on a month-to-month basis at the then-existing non-promotional price for your LIVE Membership.
Other Offers. VersaClimber LIVE may offer additional promotions or discounts related to Memberships from time to time and such offers may be communicated to your through the VersaClimber LIVE App, email or regular mail. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these LIVE Membership Terms. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file to initiate a free trial. If you initiate a free trial offer, your account will be converted to a paid LIVE Membership and will be charged in accordance with these LIVE Membership Terms if you do not cancel before your free trial period ends.
- Account Registration
Account Registration. You can register by successfully completing a VersaClimber LIVE purchase, or by creating an account on the VersaClimber LIVE Site, a VersaClimber LIVE App, or a VersaClimber LIVE Product, as further described in our Terms of Service. All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide changes promptly to your account page, which may be accessed ________________________________. VersaClimber LIVE's use of your information is governed by our Privacy Policy.
YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.
- Waiver of Liability
As a LIVE Membership Holder, you understand there is a risk of injury while participating in LIVE Membership classes. You understand that any injuries could occur by natural causes or activities of other persons, including the activities of other persons using such equipment, or other third parties (including third-party fitness instructors and other exercise participants), whether as a result of negligence or otherwise. You acknowledge that you are voluntarily participating in the LIVE Membership at your own risk and will agree to assume full responsibility for any and all injuries, losses and damages that may incur while attending, exercising or participating in a LIVE Membership. You hereby waive and release VersaClimber LIVE to the maximum extent permitted by law, from any claim, action, suit or demand arising out of or in connection with the use of the LIVE Membership (including with respect to any physical injury or death).
- Termination or Cancellation of Membership
Cancellation of Membership. If you terminate your LIVE Membership, you may use your LIVE Membership until the end of the then-current period and your LIVE Membership will not be renewed after that period expires. However, you will not be eligible for a prorated refund of any portion of the LIVE Membership fee paid for the then-current LIVE Membership period, subject to specific cancellation and refund rights listed below for certain Canadian residents.
Suspension/Termination by VersaClimber LIVE. VersaClimber LIVE may immediately terminate or suspend your account, and all or a portion of your LIVE Membership, without notice if:
- your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend);
- you provide false or inaccurate information;
- you violate these LIVE Membership Terms, the Terms of Service or any other VersaClimber LIVE rules or agreements then in effect;
- you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); or
- if you engage in conduct that is threatening, abusive or harassing to VersaClimber LIVE employees, agents, or other VersaClimber LIVE users, including, for example, making threats to physically harm or damage property.
If we terminate or suspend your LIVE Membership, your privilege and/or license to use any software or content provided in connection with the Membership is also terminated or suspended (as applicable). If your LIVE Membership is terminated, VersaClimber LIVE has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your LIVE Membership after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
- Payment
Payment Terms. LIVE Membership Holders agree to pay the monthly fee specified when you purchased your LIVE Membership (plus any applicable taxes and other charges). If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your LIVE Membership reaffirms that we are authorized to charge you for that LIVE Membership. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
Billing Authorization. You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate your LIVE Membership, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for your LIVE Membership(s) and/or to place a hold on your payment method with respect to any unpaid charges for your LIVE Membership(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these LIVE Membership Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you.
Additionally, you authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither VersaClimber LIVE, nor any VersaClimber LIVE agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these LIVE Membership Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
Third-Party Payment Processors. You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.
Financed Purchases. If you finance the purchase of your LIVE Membership, you agree to abide by the terms of the financing agreement with our financing partner governing your purchase, which will be provided to you separately. VersaClimber LIVE may treat your failure to abide by the terms of your financing agreement with our financing partner as a breach of these LIVE Membership Terms.
Bill Inquiries and Refunds. If you believe you have been billed in error for a LIVE Membership, please notify us within 60 days of the billing date by contacting Member https://versaclimber.com/contact-us/ or emailing https://versaclimber.com/contact-us/ VersaClimber LIVE will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.
- STATUTORY CANCELLATION RIGHTS
United States
Various US states, such as California, Connecticut, Illinois, Louisiana, Massachusetts, New York, and Pennsylvania provide cancellation rights if you decide to cancel your LIVE Membership within a few days of purchasing a LIVE Membership. For example, California provides at any time during the term of the contract if the health studio eliminates or substantially reduces the scope of the facilities that were described in the contract, in an advertisement relating to the specific location, or in a written offer, and available to the consumer upon execution of the contract, the consumer may cancel the contract and receive a pro rata refund.” (Calif. Civil Code Section 1812.85(c).) Please check your state's cancellation laws if you intend to cancel within days of purchasing a LIVE Membership.
British Columbia
You may cancel your Membership 10 days after you initially subscribe for any reason by sending VersaClimber Live a notice of cancellation to 1411 E. Wilshire, Santa Ana, CA 92705.
Your Rights under the Consumer Protection Act 2002
You may cancel this agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the services are available. You do not need to give the supplier a reason for cancelling during this 10-day period.
In addition, there are grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.
To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.
If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).
Your Rights under The Consumer Protection and Business Practices Act
You may cancel this contract at any time during the period that ends seven (7) days after the later of the day you receive a written copy of the contract and the day all the services are available (in calculating the 7 days, count only days on which the supplier is open for business). You do not need to give VersaClimber LIVE a reason for cancelling during this period. In addition, there are other grounds that allow you to cancel this contract. You may also have other rights, duties and remedies at law. For more information, you may contact the Consumer Protection Division, Financial and Consumer Affairs Authority of _________________. To cancel this contract, you must give notice of cancellation to VersaClimber LIVE, at 1411 E. Wilshire Ave. Santa Ana, CA 92705, by personal service, by registered mail or by any other means set out in the contract. If you cancel this contract, the supplier has fifteen (15) days to refund any payment you have made.
*VersaClimber® is a registered trademark of Heart Rate, Inc.