11.1 MEDICAL CONDITIONS. BEFORE USING Studio U’S SERVICES OR FACILITIES, YOU REPRESENT THAT YOU ARE IN GOOD HEALTH AND HAVE NO DISABILITY, IMPAIRMENT, INJURY, DISEASE, OR AILMENT, PREVENTING YOU FROM ENGAGING IN ACTIVE OR PASSIVE EXERCISE OR WHICH COULD CAUSE INCREASED RISK OF INJURY OR ADVERSE HEALTH CONSEQUENCES AS A RESULT OF EXERCISE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF OUR FACILITY AND SHALL INDEMNIFY Studio U, ITS AFFILIATES, AGENTS AND EMPLOYEES, AGAINST ANY AND ALL DAMAGES ARISING OUT OF YOUR USE OF THE FACILITIES.

11.2 CUSTOMER SERVICE.
Any questions about this Agreement or issues with your membership can be directed to our manager at
Studio U 8928 US-70 BUS HWY W, STE 200, CLAYTON, NC, 27520, or call 919-205-0930.

11.3 CHANGE IN MEMBERSHIP OR BILLING INFORMATION.

You must promptly notify Studio U in writing of any changes in your billing information, address or telephone number. You expressly permit Studio U, or its authorized billing company, to obtain such updated information through payment card networks, card issuers or other third parties.

11.4 DRESS CODE.

Proper athletic attire is required. Studio U reserves the right to make the final determination in its sole discretion with regard to appropriate attire. Clean training shoes are to be worn in the workout area. Street shoes/Shoes worn outside are not considered Clean training shoes.

11.5 SMOKING.

Smoking (including e-cigarettes, chewing tobacco, vapor pens) is prohibited at all times in our facility.

11.6 LOSS OF PROPERTY.

You and guests are encouraged not to bring valuables onto the premises of our facility. Studio U shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, and other items left by you or your guests.

11.7 DESCRIPTION OF SERVICES.
Studio U offers in-person and online group workouts, personal training, and nutrition coaching that may involve cardiovascular activity, light weight training, high intensity interval training and/or calisthenics. Each fitness session lasts approximately 30-60 minutes, seeks to target the participant’s full body, and is led or supervised by a certified personal trainer or coach. Coaches are not licensed dietitian/nutritionists. Nutrition coaching is for informational purposes only, and should not be intended as a substitute for, nor a replacement of, professional medical advice, diagnosis, or treatment.
If you have any concerns or questions about your health, you should consult with a physician or other health-care professional. The schedule of sessions, and facility hours of operation, varies.
The location will normally post a schedule of available sessions and their hours of operation online (at the location’s website),. Session schedules and coach or trainer availability is subject to change, with or without notice. You are encouraged to sign up in advance for all scheduled sessions; walk-ins accommodated on a first-come, first-serve basis.

11.8 PRIVATE TRAINING.

Use of private trainers or instructors not approved and employed by Studio U is prohibited at all Studio U facilities. You may not train or instruct other members or guests, conduct business activity or solicit any business at our location.

11.9 FACILITY AND EQUIPMENT UPGRADE FUND.

Studio U will charge annually on April 1st a $50 Facility and Equipment Upgrade charge. Each individual member will be assessed this upgrade fee, and the fund will be used solely for the purpose of acquiring new/updated equipment or enhancing the overall experience within the facility.

11.10 CHILDREN’S USE.

Children under the age of 14 are not permitted in the workout space unless they are actively involved and enrolled in a session and a parent or legal guardian has signed the Minor Participant Waiver in person at the Studio U facility. Studio U is not responsible for unattended minors.

11.11 IMAGE USE.

You understand that while on Studio U premises, your, or your minor child's image (including live or recorded video images), may be used or shown on websites or social media outlets (Facebook, Instagram, YouTube, etc.), and that by entering the premises you consent to the use of these images. You acknowledge that our location may be under continuous 24/7 video surveillance for security and training purposes.

11.12 NON-DISCRIMINATION.

Studio U represents that it will not discriminate against any person because of sex, race, creed, age, color, origin, sexual orientation, or ancestry in considering applications for memberships.

11.13 MEMBERSHIP TERMINATION.

Studio U reserves the right to terminate your membership for any reason not expressly prohibited by law. In the event of termination, Studio U will notify you in person or send you a written notice of termination to your address on file and refund you any unused prepaid dues.

11.14 CHANGING THE TERMS, RULES AND REGULATIONS.

Studio U may, at its sole discretion, change any term in this Agreement, which will become effective upon (a) Studio U providing you with written notice of the proposed change; and (b) giving you 30 days after your receipt of such notice in which to cancel your Agreement, penalty free, or renegotiate the change as to you. If, after a change is announced, you pay the next invoice, you will be considered to have accepted the change.

11.15 FREEZES. (a) Non-Medical.

If you are temporarily unable to use the Studio U facility for non-medical reasons, you may freeze your membership for up to 2 months during the initial term of the agreement. The time extension for a non-medical freeze must be done in full month increments, and the time will be added to the end of your Agreement term. You agree to pay $30 per month for a non-medical freeze. (b) Medical. If you are temporarily unable to use the Studio U facility for medical reasons, you may freeze your membership for up to 2 months at a time. The time extension for a medical freeze must be done in full month increments, and the time will be added to the end of your Agreement term. There is no monthly cost for a medical freeze, although you will be required to provide Studio U with a written doctor's note verifying the medical-based freeze on your account. You acknowledge and understand that by freezing your membership, the term of your membership will be extended by the amount of your freeze and you will still be obligated to pay your weekly dues, as per the terms of the Agreement, until your initial term has expired. It shall be your responsibility to notify Studio U of your return from a freeze. Studio U reserves the right to adjust its freeze policy from time to time in its sole and absolute discretion. All freeze requests must be received by Studio U at least fourteen (14) days prior to your requested freeze date. Any retroactive freeze request will not be accepted.

11.16 LATE CANCELLATIONS/NO-SHOWS.

Group training sessions require 12 hours notice to cancel. Personal training and other 1 on 1 meetings require 24 hours notice. A cancellation is considered late when the booking is canceled outside of the cancellation policy window. A no-show is when a client misses a booking without canceling. In either case, Studio U reserves the right to charge a fee of $10 or the equivalent of the session cost (member loses their credit for that session).

11.17 CREDIT CARD SURCHARGE.

A per-transaction surcharge may be applied to recurring dues membership payments for the use of a Credit Card as method of payment. It is recommend to set up an ACH (checking account) payment method to avoid this surcharge. This fee doesn't apply to single retail transactions on non-membership related invoices.

11.18 ENTIRE AGREEMENT.

Verbal agreements with a Studio U employee will not be accepted as valid. Except as expressly provided herein, only the Membership Agreement, and all applicable rules and regulations, as revised from time to time, constitute the entire and exclusive agreement between you and Studio U, and supersede all prior written and/or oral promises, representations, understandings and/or agreements relating to this membership purchase.

11.19 INVALID PROVISIONS.

If any part of the Membership Agreement is found to be invalid or unenforceable, the remainder of the Agreement will be valid and enforceable.

11.20 GOVERNING LAW.

The Membership Agreement shall be interpreted under the laws of the State in which you execute this Agreement. Any litigation under the Membership Agreement shall be resolved in the courts of the State in which you execute this Agreement.

11.21 LIMITED LIABILITY.

Unless prohibited by state law, any award by a court or arbitrator is limited to actual compensatory damages. Neither a court nor an arbitrator can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages.

11.22 PREVAILING PARTY.

In the event of any litigation arising from breach of the Membership Agreement, or the services provided under the Membership Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation.

11.23 CONSENT TO CONTACT.

By signing (electronically or handwritten) the Membership Agreement, you are giving Studio U and its authorized vendors consent to contact you by email, text message or telephone to the contact information as described in your account, including the mobile phone number provided, for any matter related to your account, including collection of monies owed, alerts or notices regarding your purchased services, and/or promotions that may be of interest to you. You may update your communication preferences or revoke your consent to receiving promotional messages at any time. You expressly consent to receive autodialed and/or prerecorded messages from or on behalf of Studio U and its authorized vendors at the phone number provided, including any wireless number, as applicable (standard text rates apply). Your consent is not a condition of purchase.

11.24 ELECTRONIC SIGNATURES.

The parties agree that the Membership Agreement may be electronically signed. The parties agree that the electronic signatures tied to the Membership Agreement are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By checking the box “I AGREE” or “I CONSENT,” or words to similar effect, and clicking enter, you acknowledge and agree that these actions constitute your electronic acceptance of the Membership Agreement.