Terms of Service
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.winperformance.io (“the Site”) operated by WIN Performance LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.winperformance.io
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of WIN Performance LLC Services. You are only authorized to use the WIN Performance LLC Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the WIN Performance LLC website and discontinue use of WIN Performance LLC Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
In order to access some features of the website, you will have to create a WIN Performance LLC account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
MEMBER SERVICES AND POLICIES
CANCELLATIONS: As stated in the membership agreement, YOU MUST CANCEL CLASS 12 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT CLASS. You may cancel class through our online system or by calling the applicable facility directly.
RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.
MEMBERSHIPS: Members who purchase a package are subjected to a penalty charge for either a late cancel or an absence should they not cancel their reservation within the allotted 12-hour window.
PACKAGES: Members who purchase a package are subjected to a penalty charge for either a late cancel or an absence should they not cancel their reservation within the allotted 12-hour window.
PERSONAL BELONGINGS: You agree that WIN Performance LLC is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
FACILITY RULES AND REGULATIONS
You must be physically present and checked in 5 minutes prior to the start of class or your spot may be released to a waitlisted client.
Reserved classes must be changed or canceled within 12 hours of scheduled time or they will be forfeited.
Memberships and packages are subject to a penalty fee for a late cancel or absence.
If recovering from injury or illness, notify the instructor prior to class start time.
All classes, memberships and packages are non-refundable.
Unused merchandise will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued for up to 30 days.
LIMITATION OF LIABILITY
By signing your initial “Enlistee” contract and/or attending classes, events, activities, and other programs and using the WIN Performance LLC facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the WIN Performance LLC workout program, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that WIN Performance LLC strongly recommends that you consult with a physician prior to commencing any classes. By signing this document, you acknowledge that you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. By signing this document, you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages WIN Performance LLC, its instructors, members and employees. You hereby acknowledge that you, and any minor under your care, fully release.
The content on the WIN Performance LLC website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to WIN Performance LLC , subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. WIN Performance LLC reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of WIN Performance LLC .
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
The WIN Performance LLC Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase WIN Performance LLC via your mobile phone, (ii) the ability to receive and reply to WIN Performance LLC messages, (iii) the ability to browse WIN Performance LLC from your mobile phone and (iv) the ability to access certain WIN Performance LLC features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding WIN Performance LLC and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
Our Site may contain links to third-party sites that are not owned or controlled by WIN Performance LLC .
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, USA, without giving effect to any principles of conflicts of law.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
- Automatic Renewal. If Member selects automatic renewal option and fails to notify WIN Performance of the decision to terminate your membership, your membership will automatically renew at the end of each term.
- Renewed Membership Level and Term. The renewed membership level and term will be the same as the membership level and term being renewed.
- Renewed Membership Payment Option. The renewed payment option will be the same as the payment option being renewed. At the time of renewal, WIN Performance LLC will charge your credit card.
- Billing Date. WIN Performance LLC shall charge Member’s credit, debit or bank card on the “billing date,” based on the Member’s activation date and payment option. For the purposes of this Agreement, “activation date” is the day that Member completes registration and consents to this Agreement.
- Initial Charge on Activation Date. Member authorizes WIN Performance to charge Member’s credit, debit or bank card on the date of Member’s Activation Date in the amount selected.
- Billing Date for Monthly Payment Option. Your credit, debit or bank card will be charged on that particular date each month. If, however, Member’s Activation Date is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist in a particular month because there are fewer days in the month payment is due, your Billing Date for that particular renewal will be on the last day of the month in which your Billing Date would otherwise be.
- Modifications to Fees or Billing Terms. WIN Performance reserves the right, without limitation, to change membership fees and billing methods, including the addition of supplemental fees or separate charges for content, products or services provided by WIN Performance. Any changes to fees or billing terms shall be effective upon written notice to Member’s designated email address.
- Account Information. Member agrees to provide true, accurate and complete information about yourself and your billing information as prompted by the subscription process. Member agrees to update any and all contact and billing information as it changes. WIN Performance will not be liable for any losses, damages or interrupted access to WIN Performance products and services caused by Member’s failure to provide and update accurate contact and billing information.
- Late Payments. If Member’s subscription payment is past due for a period of more than seven (7) days, WIN Performance may deactivate or terminate Member’s account without notice, regardless of the amount of the past due balance.
These Terms of Service shall remain in full force and effect while you use the WIN Performance LLC Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local studio directly via phone or email. WIN Performance LLC may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that WIN Performance LLC charges fees for its services, and WIN Performance LLC reserves the right to change its fees from time to time in its discretion. If WIN Performance LLC terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
When you sign up for member services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify WIN Performance LLC immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
ENTIRE AGREEMENT; NO WAIVER
I, hereby give permission to WIN Performance, to use photographs and video taken of me during the Performance training and events associated with with WIN Performance in any manner to help promote the success of WIN Performance. Such use could include publications, media releases, announcements, electronic or otherwise, and on website or social media pages. I understand that I will not receive any compensation if such image appears in any of the manners listed above or other manner that the WIN Performance deems appropriate. I agree that such image is the property of WIN Performance.
If you have any questions about these Terms of Service, the practices of WIN Performance LLC or its services, or your dealings with this site, please contact us at:
WIN Performance LLC
These Terms of Service have been updated and effective as of December 10, 2019.