Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.megacorpsfitness.com (“the Site”) operated by Mega Corps Fitness, LLC (“Mega Corps”, “us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.megacorpsfitness.com.
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 Mega Corps Services. You are only authorized to use Mega Corps 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 Mega Corps website and discontinue use of our Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
ACCOUNTS
In order to access some features of the website, you will have to create a Mega Corps 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
Monthly Membership Credits: Monthly Membership credits DO NOT roll over to the next month. Use them or lose them. No exceptions.
Class Cancellations: Unless provided to you in writing by Mega Corps, all confirmed classes (monthly membership based or credit based) must be cancelled at least 24-hours before the start of class. Waitlist bookings may be canceled anytime while still on the waitlist. Once off the waitlist & scheduled into class, confirmed class cancelation policies shall apply.
Waitlist: If you put yourself on the waitlist, watch for emails up to 3 hours in advance and check your schedule under your account to see if you’ve gotten in. If you are moved into class, we assume you will be coming unless you notify us that you can’t make it (no penalty or fees shall be incurred as long as Mega Corps is notified that you cannot attend class at least 1 hour in advance).
Reservations: You must be physically INSIDE the studio at the START of your scheduled class or your spot may be given to a waitlisted or stand-by client. In the event that your spot is given to another client you will not be subject to any penalty or fees.
Membership Packages: Members who purchase ANY membership package (such as, but not limited to, Monthly Unlimited, 8- or 4-Pack memberships or future promotional programs) are subjected to a penalty charge of ($15 fee) for a LATE CANCEL, should they not cancel 24-hours before the start of their scheduled class, or a NO-SHOW ($20 fee).
Credit Based Packages: Individuals using credit based packages are subjected to a penalty charge of ($10 & forfeit credit) for LATE CANCEL, should they not cancel 24-hours before the start of their scheduled class, or a NO-SHOW ($15 & forfeit credit).
First Timers: If you are coming in for your first class, you MUST arrive 15-minutes prior to the scheduled start of class. If you are not 15-minutes early you WILL NOT be permitted to take class. Your credit will be returned to you (if you are credit based) & no fee will be applied (if you are credit or membership based).
Privates: Please note that our cancelation policy (24-hours notice) applies to Privates. Please also note that, in the event of a LATE CANCEL the private credit will be forfeit, no exceptions. In the event of a NO-SHOW the private credit will be forfeit and a penalty charge of ($25 fee) will be processed.
Grace Cancelations: Unlimited Monthly Memberships are allotted 2 “Grace Cancelations” a month, 8-Pack Monthly Memberships are allotted 1 “Grace Cancelation” a month, 4-Pack Monthly Memberships are allotted 1 “Grace Cancelation” a month & Credit Based Packages are allotted 1 “Grace Cancelation” a month. Grace Cancelations DO NOT roll over. Grace cancelations are subject to change and termination without notice. Grace Cancelations DO NOT apply to Private Sessions.
Personal Belongings: You agree that Mega Corps Fitness 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.
Monthly Membership Cancelation: In the event that you want to cancel your membership, Mega Corps Fitness requires that you provide a 30 days written notice (paper, email or text).
STUDIO RULES AND REGULATIONS
All classes and packages, credit based or monthly membership based, are non-refundable. No exceptions.
All credits must be prepaid. You will not be able to schedule or waitlist for a class without a credit in your account.
You must be physically present and checked in at the start of class or your spot may be released to a waitlisted or stand-by client. No exceptions. In the event that this occurs no penalty or fee will be applied for said class.
Reserved classes must be changed or cancelled at least 24-hours before the scheduled starting time or said credit will be forfeited and subject to a penalty fee (see above).
Grip socks are REQUIRED to participate in class. Mega Corps reserves the right to remove you from class if you do not comply. In the event that you are removed from class due to non-compliance you will be subject to the same penalty and fee as a LATE CANCELATION.
If you’re recovering from injury or illness, notify the instructor prior to the start of class. If you become pregnant you MUST notify the instructor prior to the start of class.
MCs (instructors) and classes are subject to change without notice. Please go online and click on Class Schedule for current schedule. To check availability in these classes use your account to login and access our live calendar.
We are a NO CASH studio. NO EXCEPTIONS. We accept Visa, Mastercard, or American Express.
LIMITATION OF LIABILITY
I, the Participant, hereby affirm that I am in good physical condition and do not suffer from any mental or physical disability which would prevent or limit my participation in training with an independent contractor (MC/ Instructor) at Mega Corps Fitness, LLC. (Mega Corps Fitness or The Company).
I confirm that I have no health problems (including without limitation cardiac irregularities; spinal or bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect my participation in any sessions at Mega Corps Fitness. Participants with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Participant should consult their doctor and provide a doctor’s release to Mega Corps Fitness to keep on record.
I understand that I am voluntarily participating in a program of strenuous physical activity on the Megaformer, MiniPro, Microformer, Fuse Ladder, Suspension Trainer, or on the floor or using various fitness equipment (weights, balls, bands).
By signing this agreement, enrolling online, and/or attending classes, events, and other Mega Corps programs whether online, in a the Mega Corps Fitness studio or using studio equipment, I hereby acknowledge and agree, on behalf of myself, my heirs, personal representatives and/or assigns that (a) there are certain inherent risks and dangers in the strenuous nature of the Mega Corps Fitness workout program (b) I have voluntarily chosen to participate in an intense physical exercise program and I 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. I assume all risk for my health and well-being, and fully release and hold harmless for any responsibility, cost or damages Mega Corps Fitness, its instructors, independent contractors, clients and employees for any injury, harm or loss I may suffer, including death, as a result of participation in any Mega Corps Fitness activities.
If client is a minor (age 16-18): This release applies equally to said minor. No one under 16 years of age may participate, no exceptions. A minor 16-18 years of age may participate ONLY with a parent or legal guardian present the whole time, no exceptions.
If existing client is pregnant: The existing client is required to notify Mega Corps Fitness and all its staff of pregnancy immediately and will be required to sign a separate liability waiver. Said waiver & client will acknowledge that there are additional risks involved with taking Mega Corps classes while pregnant. We also require that you have a doctor’s release form for each trimester of said pregnancy. Said release form must be provided as a physical document to the studio at the start of each trimester. After pregnancy said client must provide a release form from their doctor stating that they are cleared to return to physical activity. This form must also be a physical document for Mega Corps to keep on file.
If new prospect is pregnant: In the event that a potential/ new client is pregnant and wishing to join Mega Corps Fitness we reserve the right to deny membership or the sales of credits as it is never a good idea to start a new exercise program once you are already pregnant.
Coronavirus/COVID-19 Pandemic Liability Limitation: Mega Corps Fitness takes the Coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, Mega Corps Fitness cannot guarantee that you, your family, or your guests will not become infected with COVID-19. It is possible that attending classes, private sessions or events at Mega Corps may place you in close physical contact with other clients and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 at Mega Corps Fitness and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand the risk of becoming exposed to or infected by COVID-19 at Mega Corps Fitness may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, Mega Corps Fitness, LLC employees, independent contractors, and clients.
By signing this document, enrolling online, and/or attending in person classes, private sessions, events or simply entering Mega Corps Fitness, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members in connection with attendance at Mega Corps Fitness or as a result of participation in Mega Corps Fitness programs (“Claims”); and (b) covenant not to sue, Mega Corps Fitness, its instructors, independent contractors, clients, and employees, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of Mega Corps Fitness, its instructors, independent contractors, clients, and employees, whether a COVID-19 infection occurs before, during, or after attending the Mega Corps studio facilities or participating in any Mega Corps program.
Mega Corps Fitness reserves the right to refuse access to any Participant if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Mega Corps facilities or classes.
I understand that I am required to follow the instructions of the MCs/ Instructors at all times.
I understand that advice provided by Mega Corps MCs/ Instructors at no time constitutes as medical advice.
CONTENT
The content on the Mega Corps Fitness 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 Mega Corps Fitness, 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. Mega Corps Fitness 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 Mega Corps Fitness.
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.
“Mega Corps Fitness, LLC,” “Mega Corps Fitness,” and the “Mega Corps” icon and other graphics, logos, wordmarks, and designs are trademarks of Mega Corps Fitness in the U.S. and/or other countries for which applications are pending. Mega Corps Fitness trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mega Corps Fitness.
MOBILE SERVICES
Mega Corps Fitness 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 Mega Corps Fitness via your mobile phone, (ii) the ability to receive and reply to Mega Corps messages, (iii) the ability to browse Mega Corps from your mobile phone and (iv) the ability to access certain Mega Corps 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 Mega Corps 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.
TERMINATION
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 Mega Corps Fitness, LLC, dba Mega Corps.
Mega Corps Fitness, LLC dba Mega Corps has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
GOVERNING LAW
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Ohio, 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.
ELIGIBILITY
Membership is void where prohibited. This website is intended solely for Users who are 16 years of age or older. Any registration by, use of or access to the website by anyone under 16 is unauthorized, unlicensed and in violation of these Terms of Use. By using Mega Corps Fitness Services or the website, you represent and warrant that you are at least 16 years or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 16 and 18 may register on our website only with the involvement of a parent or guardian.
TERM
These Terms of Service shall remain in full force and effect while you use Mega Corps 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. Mega Corps Fitness 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.
FEES
You acknowledge that Mega Corps Fitness charges fees for its services, and Mega Corps reserves the right to change its fees from time to time in its discretion. If Mega Corps 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.
PASSWORD
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 Mega Corps Fitness 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.
INTELLECTUAL PROPERTY
The trademarks and trade dress of Mega Corps Fitness are proprietary to Mega Corps Fitness and may not be used by you for any reasons other than as expressly permitted. All moves, content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; are property of, or duly licensed to, Mega Corps Fitness. Any other use of materials including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Mega Corps Fitness, is strictly prohibited.
You acknowledge that Mega Corps Fitness and/or third party content providers remain the owners of all content and materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. Mega Corps Fitness may discontinue your right to access to the content and materials, or any portion thereof, at any time.
ENTIRE AGREEMENT; NO WAIVER
These Terms of Service, together with our Privacy Policy, and any other legal notices published by Mega Corps Fitness on the website, shall constitute the entire agreement between you and Mega Corps concerning our website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Mega Corps’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Mega Corps Fitness reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Mega Corps Fitness website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
ARBITRATION
YOU AND MEGA CORPS FITNESS AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
CONTACTING US
If you have any questions about these Terms of Service, the practices of Mega Corps Fitness or its services, or your dealings with this site, please contact us at: info@megacorpsfitness.com
These Terms of Service have been updated and effective as of June 14, 2022.