Public Recreation Terms of Service
Effective date: October 1st, 2018
1.1 Month-to-month: Your Public Recreation membership will continue month-to-month and automatically renew until terminated. To use our service you must have Internet access and provide us with one Payment Method. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method (see "Cancellation" below).
1.2 Membership Type: We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
2.1 Trial Class: Your membership may start with a trial or discounted rate. The trial class of your membership lasts for one class attended, regardless of duration, or as otherwise specified during sign-up and is intended to allow new and certain former members to try the service.
2.2 Trial Eligibility: Trial eligibility is determined by Public Recreation at its sole discretion and we may limit eligibility or duration to prevent trial abuse. We reserve the right to revoke the trial and put your account on hold in the event that we determine that you are not eligible.
3. Billing and Cancellation
3.1 Billing Cycle: The membership fee for the Public Recreation service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully processed or if your paid membership began on a day not contained in a given month. Visit our website and click on "Manage Your Membership" at the bottom of any page to view your payment date details. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing payment up to approximately one month of service as soon as you register.
3.2 Payment Method: To use Public Recreation services you must provide a Payment Method. You can update your Payment Methods by going to "Manage Your Membership" at the bottom on any page on our website. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your membership fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3.3 Pausing: You may pause at any time before your Next Payment Date by contacting Member Services at email@example.com or calling (415) 843-1180. If you want to pause your membership, you must pause your membership for at least one full month, we do not pause memberships for less than a full month’s billing cycle and we do not offer prorated rates for paused services. If you pause your membership mid-cycle, the remaining portion does not roll over to when your membership resumes.
Once you request to Pause Membership, you forfeit access to membership services after your current paid-for-month comes to completion. You will not regain access to services, until your account is billed again. You may choose to pause for up to three months (or you can indicate a specific date on which you want your membership to resume within a maximum three month period). During the time in which your account is successfully paused, you will not be billed and you will not be eligible for any of the services of your Public Recreation membership. You may restart your membership at any time. To restart your membership, your account will be billed in full for the next billing cycle.
3.4 Cancellation: You can cancel your Public Recreation membership at any time, and you will continue to have access to the Public Recreation service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods. To cancel, go to the "Manage Your Membership" at the bottom of any page on our website and follow instructions. You will receive an email with the Subject “Manage Your Recurring Plan” which will provide you a link to “Manage Plan”. Select “Billing” in the top navigation and select the last field “Cancel” If you cancel your membership, your account will automatically close at the end of your current billing period. You may also reach out to member services to request a cancelation: firstname.lastname@example.org. We will need to be notified 5 days in advance of your next bill date in order to stop payment.
3.5 Changes to Price and membership Plans: We reserve the right to change our membership plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes or changes to your membership plan will take effect following notice to you.
3.6 No Refunds: Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
4. Public Recreation Service
4.1 Class Types: The exact number and type of Classes you take during any membership Cycle are not guaranteed. The availability of particular classes, locations, services, experiences, content, spots may change over time and at any time (including during the course of any given membership Cycle). The type, capacity, and availability of classes, and other inventory offered are determined by Public Recreation in its sole discretion. Public Recreation takes steps to release, promote and otherwise make available spots at varying times and in an ongoing and evolving way.
4.3 Merchandise: Public Recreation may permit you to purchase certain products or Classes through the Site, in addition to your membership or without having a membership. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.
4.4 Account Exclusivity: Your Public Recreation account is personal to you and you agree not to create more than one account. You cannot transfer or gift your account to third parties or allow third parties to use your Public Recreation account, including other Public Recreation users. You understand and agree that Public Recreation may take actions we deem reasonably necessary to prevent fraud and abuse.
4.5 Authenticity: You agree that the information you provide to Public Recreation at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Site you must have access to the Internet and may be required to download a Public Recreation mobile application to use some or all of Public Recreation features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Classes.
5. Termination or Modification by Public Recreation.
5.1 You understand and agree that, at any time and without prior notice Public Recreation may (1) terminate, cancel, deactivate, disable, delete and/or suspend your membership, your account, any orders placed, or your access to or use of the Site, your membership and/or Classes (or any portion thereof, including but not limited to your access to any or all Venues, credits or classes or services) and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site , including of your membership. This includes the right to terminate or modify any membership prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site.
5.2 Public Recreation shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are subscriber, then upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your membership. If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership, Classes and/or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund.
5.3 You agree that Public Recreation will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your membership. If Public Recreation deletes your account for these reasons, you may not re-register for or use the Site and/or Classes under any other user name, email, payment method or profile. Public Recreation may block your access to the Site to prevent re-registration.
6. Prohibited Conduct.
Public Recreation aims to create open and welcoming experiences during its classes. Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
Harass, threaten, stalk, disrupt or defraud users, members or staff of Public Recreation or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account or signing up for more than one account;
Share Public Recreation passwords with any third party or encourage any other user to do so;
Permit anyone to use any classes or services booked under your own membership, including other members;
Public Recreation reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
7. Ownership; Proprietary Rights; Content.
The Public Recreation website and applications are owned and operated by Public Recreation. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Site provided by Public Recreation ("Content") are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Content contained on the Site are the copyrighted property of Public Recreation or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Public Recreation or its affiliates and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by Public Recreation, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and may only access the Content for your personal, non-commercial use. In the event that Content are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. All rights not expressly granted in these Terms are reserved.
8. Electronic Signatures and Agreements.
You acknowledge and agree that by clicking on the button labeled "CONFIRM PURCHASE," "SUBMIT", "DOWNLOAD", "PLACE MY ORDER", "I ACCEPT" or such similar links as may be designated by Public Recreation to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY Public Recreation. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
9. Waiver and Indemnification
In consideration of being permitted by Public Recreation to participate in its activities and to use its equipment, I, for myself, my spouse, my children, my parents, my heirs, personal representatives, assigns and estate do hereby release, waive, indemnify and discharge Public Recreation, its owners, instructors, officers, employees, agents and affiliates from liability from any and all claims, including any liability for claims of negligence, resulting in any physical or psychological injury (including paralysis or death), illness, damages, property damage, or economic or emotional loss I may suffer because of my participation in Public Recreation's activities, including travel to and from Public Recreation's activities.
I acknowledge that I have voluntarily chosen to participate in a program of progressive physical exercise. I acknowledge being aware of the strenuous nature of the program and the potential for unusual but possible physical harm. Participating in Public Recreation's activities carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks include, but are not limited to (1) minor injuries including scratches, bruises and sprains (2) major injuries including abnormal blood pressure, fainting, heart attack, joint or back or neck injuries (3) catastrophic injuries including paralysis or death.
I have read the previous paragraphs, and I know, understand and appreciate these and other risks that are inherent in Public Recreation's activities. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
I understand that it is my responsibility to consult with a physician prior to and regarding my participation in Public Recreation's activities. I represent and warrant that I have no health conditions that would prevent me from participating in Public Recreation's activities, and I have notified Public Recreation of any and all health issues, conditions, injuries, and medications that may affect my participation in Public Recreation's activities. By signing this document, I acknowledge that I am in good health and that I have no condition, which would be worsened by participation in Public Recreation. Further, I warrant that should I develop a health condition which could be aggravated by participation in this program, that I will immediately notify my instructor such condition. I assume all risks for my health and well-being and hold harmless of any responsibility Public Recreation, its owners, instructors, officers, employees, agents and affiliates, or any other persons involved with this program and all included procedures. I understand that questions about exercise procedures and recommendations are encouraged and welcomed.
I also agree to indemnify and hold harmless Public Recreation, its owners, instructors, officers, employees, agents and affiliates from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including but not limited to attorneys’ fees, costs, damages and judgments incurred as a result of my involvement in Public Recreation's activities and to reimburse them for any such expenses incurred. Additionally, should Public Recreation, its owners, instructors, officers, employees, agents and affiliates be required to incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that this agreement is:
(a) clear, unambiguous and unequivocal
(b) explicit and voluntary in my waiver, release and assumption of risk
(c) comprehensive for all lawsuits, claims, injuries and damages