Terms and Conditions

Terms and Conditions for Hoops College, LLC

Introduction

These Terms and Conditions written on this webpage shall manage your use of Hoops College accessible at www.hoopscollege.com as well as services provided by Hoops College at our physical location 7101 Macfarlane Blvd Charlotte NC 28262 or at any other location we provide services.

These Terms will be applied fully and affect to your use of Hoops College. By using Hoops College, you agreed to accept all terms and conditions written in here. You must not use this Hoops College if you disagree with any of these Hoops College Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Hoops College without the consent of a parent or legal guardian.

Training Sessions

Training sessions may be purchased in small group sessions or individual sessions. Sessions may be purchased one month at a time or at a reduced rate on contracts.  Drop-in sessions may also be purchased individually or in packages. Sessions may be canceled without penalty 24 hours before they are scheduled. Cancellation of any session with less than 24 hours notice will result in forfeiture of that session.

Make-up sessions may be scheduled as long as your account is in good standing along with advanced notice that you are going to miss a session. If you do not communicate with us 24 hours prior to not showing up for a session, you will not be allowed to schedule a make-up session. Make-up sessions must be scheduled at an appropriate time at our facility at least 24 hours in advance. All make-up classes will be conducted at our facility. Make-up sessions must be scheduled within 30 days and are not “free sessions” for next month.

Training sessions purchased as part of a membership will not expire as long as the account is in good standing. If the membership expires, the purchased training sessions will expire within the month. Any packages that have not yet been purchased will be charged at the non-member rate. Contracts may be canceled for 50% of the remaining contract.

Late payments of 10% will be added on contracts that are overdue by more than 3 days.

Hoops College reserves the right to deny service for overdue accounts even if some sessions have been paid for.

In consideration of my being able to participate with Hoops College, I understand that I must purchase a single or package of training session(s) and must read, agree to and sign this agreement where I assume the risks for participation, waive of liability, and personal training policies and procedures.

I understand that the program is voluntary and that Hoops College staff will develop and guide me through my program. I will be required to undergo an evaluation to assess my present level. I represent that I will disclose any health history accurately and completely including disclosure of any prescribed medications I am taking and any exercise or diet limitations I am aware of or have been informed of by my doctor. During the program if my medications, condition, or medical limitations should change, I will notify Hoops College. I understand that it is recommended that I have a yearly physical or more frequent physical examination and consultation with my physician as to physical activity and diet so I am aware of what is appropriate for me. I acknowledge that I have either had a physical exam and have been given my physician’s permission to participate or I have decided to participate without approval of my physician.

I understand that Hoops College staff are not physicians and cannot replace the advice and expertise of a physician.

I understand that I have the complete right to stop or decrease exercise at any time during a session and that it is my obligation to inform the Hoops College staff of any symptoms such as fatigue, shortness of breath or chest discomfort.

I realize that participation in the program including but not limited to exercising, use of exercise equipment and strenuous exertion (strength training) all of which increase heart rate and body temperature.
I understand that exercise involves certain risks, including but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death. Also, injuries could occur to bones, joints or muscles. Slips, falls, and unintended loss of balance could result in muscular, neurological, orthopedic or other bodily injury. I understand that part of the risk involved in undertaking any activity or program is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care and skill which I conduct myself in that activity or program.

Knowing the material risks and appreciating, knowing and reasonably anticipating that other injuries are a possibility, I hereby expressly assume all of the delineated risks of injury, all other possible risk of injury, and even risk of possible death, which could occur by reason of my participation.

I do hereby waive, release and forever discharge to the gym, Hoops College, LLC. from any and all responsibilities or liability for any present and future injuries or damages resulting or arising from my participation in any activities including but not limited to exercise, personal training or use of the equipment including any injuries and damages caused by the negligent act or omission of any of those persons or entities mentioned above.

Personal Training Policies and Procedure
1. Package sessions are non-refundable.
2. Package sessions must be paid in full and are scheduled at the time of sign-up.
3. Package sessions will expire if the Client’s membership expires.  
4. Client must give 24 hours advanced notice, less than 24 hours or a no-show will result in a charge to the package session.
5. Training sessions will begin promptly at the time specified by Hoops College and end according to the schedule provided by Hoops College.
6. This is a contract that obligates me to make multiple payments once I have used the number of training sessions included in this package. Future payments will remain the same as the first payment as long as the Client’s membership is up to date.  If the Client’s membership expires or is canceled, the future payments will increase to the non-member rate. This contract may be canceled at any time for 50% of the remaining balance.
7. Payment for the second group of sessions will be made when the last session is completed.
8. Unless otherwise specified by the client, payments will be charged to the credit or debit card on file.
9. Delays in payments or late payments will result in a 10% late fee for every week that the payment is not completed.
10. When this contract is completed, it will renew unless otherwise specified by the client.
11. Any sessions that are a part of a training package that is composed for a monthly rate expire after 1 month from the date of purchase.

I declare that I have read, understand and accept the contents of this Agreement in its entirety. I understand that the Assumption of Risk, Waiver of Liability, and Policies and Procedures are intended to be as broad and inclusive as permitted by the State of North Carolina and agree that if any portion is held invalid, the remainder will continue in full force and effect.

Memberships

Month-to-month memberships can be canceled at any time. A re-enrollment fee will be charged for any canceled memberships that are restarted. Memberships allow clients to remove expiration dates from their training sessions and receive discounted rates. Late payments of $10 will be added to overdue membership fees.

Requests to cancel memberships will result in the cancellation of any active contracts that include membership pricing. Canceled contracts will result in cancellation fees on your account. Cancellation fees are 50% of the remaining contract balance.

Hoops College reserves the right to deny service to anyone who has a negative account balance.

Intellectual Property Rights

Other than the content you own, under these Terms, Hoops College and/or its licensors own all the intellectual property rights and materials contained in Hoops College.

You are granted a limited license only for purposes of viewing the material contained on Hoops College.

Restrictions

You are specifically restricted from all of the following:

Certain areas of Hoops College are restricted from being access by you and Hoops College may further restrict access by you to any areas of Hoops College, at any time, in absolute discretion. Any user ID and password you may have for Hoops College are confidential and you must maintain confidentiality as well.

Your Content

In these Hoops College Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on Hoops College. By displaying Your Content, you grant Hoops College a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Hoops College reserves the right to remove any of Your Content from Hoops College at any time without notice.

No warranties

Hoops College is provided “as is,” with all faults, and Hoops College expresses no representations or warranties, of any kind related to Hoops College or the materials contained on Hoops College. Also, nothing contained on Hoops College shall be interpreted as advising you.

Limitation of liability

In no event shall Company Name, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of Hoops College whether such liability is under contract.  Hoops College, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of Hoops College.

Indemnification

You hereby indemnify to the fullest extent Hoops College from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Hoops College is permitted to revise these Terms at any time as it sees fit, and by using this Hoops College you are expected to review these Terms on a regular basis.

Assignment

The Hoops College is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Hoops College and you in relation to your use of this Hoops College, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the North Carolina in the United States of America, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the USA for the resolution of any disputes.

Release of Liability

In consideration of being allowed to participate in any way in the program, related events and activities, I the undersigned, acknowledge, appreciate, and agree that:

1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist and,

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, BUT NOT GROSS NEGLIGENCE OF THE RELEASES; or others, and assume full responsibility for my participation; and,

3. I willingly agree to comply with the stated and customary terms and conditions for participation. If however I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately and,

4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS HOOPS COLLEGE, LLC, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (RELEASEES), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

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