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TERMS
&
CONDITIONS

Terms and conditions Elevate Stair Climb LLC

I. Application of These Terms And Conditions 

This website is operated by Elevate Stair Climb LLC (“ESC” "we", "us", or "our"). These terms and conditions ("Terms") govern your relationship with ESC, including, but not limited to, your use of the ESC Website www.elevatestairclimb.com (the "Website") and your purchase of ESC classes, your rights to cancel your purchase of ESC classes, your registration for classes, your purchase of merchandise, your communication with ESC, and your use of and attendance at ESC's studios. ESC's classes include offerings on and off the stair climber. 

II. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (Applicable to the ESC Agreement)

A. Informal Dispute Resolution

At ESC, we believe every class, climber, and community member matters. Our goal is to do our best to ensure that every experience with ESC will surpass your expectations. If that doesn't happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at info@Elevatestairclimb.com Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.

B. Arbitration Agreement

By accepting the Terms, you and ESC agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement ("Arbitration Agreement"). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association ("AAA"), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if ESC initiates arbitration, it shall have the choice as between these two arbitration forums.

WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

C. Class Action Waiver

You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving ESC or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against ESC. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).

If this class action waiver ("Class Action Waiver") clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

D. Definition of Dispute

Except as described below, the term "Dispute" in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and ESC regarding any aspect of your relationship with ESC, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.

Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.

Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.

E. How Will the Arbitration Work?

Either you or ESC may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.

If you or ESC initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:

  • For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.

  • Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.

  • As set forth in the section of these Terms regarding Choice of Law, the arbitrator shall apply New York law.

If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, ESC will pay all arbitrator's costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.

F. Where Will the Arbitration Be Held?

You can bring the arbitration in either New Jersey or in the state where you live if there is a JAMS or AAA in that state. In the event that ESC initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case ESC may initiate the arbitration in New Jersey.

III. ESC Agreement

A. Monthly subscriptions include; Casual Climber – 4 Climbs per Month, Climb Lover – 8 Climbs per Month, Climb Obsessed – Unlimited Climbs per Month.  Class packages include; 1 Step at a time – access to single class, 10 pack – access to 10 classes, 25 pack – access to 25 classes, and Beginner 5 – Access to 5 classes (only 1 Beginner 5 per customer).  

B. Dress Code: Climbers are not allowed to wear any loose fitting in the studio or while using the equipment.

 

C.  Reservations/Charges/Classes and Gift Cards

In order to make a reservation, you must first buy a single class or a series of classes. To buy an individual class or series of classes online, you can either sign up here https://www.elevatestairclimb.com/ by using your e-mail and creating a password, or if you are already registered, click login to buy a series and make your reservation. Climbers may book up to one (1) step mills per account in an ESC class. Reach out to any ESC studio to ask about advanced group booking options. ESC reserves the right to hold up to six (6) climbers and/or spots in each class.

In addition to classes and series of classes,  you can also buy a gift certificate. ESC's gift certificates are called "gift cards". Gift cards never expire and the person that you are giving them to can use his or her gift card(s) to buy classes or to buy any kind of merchandise. Once a class is purchased using a gift card, it will expire, just like any other class you buy. 

Gift cards and classes are not the same thing. Unlike gift cards or gift certificates, classes are for our climb/classes only. You cannot give classes to another as a gift. When you buy a class, you are only entitled to use that class to book a climber in a particular studio at a particular time. You cannot redeem your class for cash and you cannot transfer it to another climber or community member.

Classes do expire. The expiration dates are posted in the description of the class or series of classes on the Website and the App and listed on your receipt. If, however, you get jammed up and cannot book a climb/class in time, just give us a call, stop by the studio, or e-mail us and we can help you.

Future class prices are subject to change, but ESC will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made in an ESC studio. 

Your credit/debit card will be charged for your order when you buy your class or series of classes. ESC will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that ESC may incur in its efforts to collect any unpaid balances from you.

D. CONSUMERS' RIGHT TO CANCEL THE MONTHLY PASS OR CLASS PACKAGE

You have the right to cancel your purchase of ESC classes.  To cancel your monthly subscription, please contact your personal gym at info@elevatestairclimb.com and request a cancellation form. Complete the form and send back to the gym. You may also visit ESC and get a form in person. You can cancel your ESC subscription only at the studio where you applied for membership. You need to cancel your ESC monthly subscription at least 30 days before the renewal date. You will be charged for one more month after the cancelation and can go to unused classes during this period. 

For example: A monthly subscription signed up on March 15th, the climber in May decides to cancel their subscription.  They complete and submit the cancellation form by May 14th They are billed the 15th for the final time and can continue to use available classes until June 15th.     There will be no refunds offered for monthly subscriptions. 

ESC is not obligated to refund any classes purchased via package.  These packages expire after one year of purchase date. 

 

E. ADDITIONAL RIGHTS TO CANCELLATION OF PURCHASE OF CLASSES OR SERIES OF CLASSES

You or your representative may also cancel your purchase of a class or series of classes for any of the reasons listed below. To do so, you must give us written notice, by e-mail or certified or registered mail to info@elevatestairclimb.com 

You may cancel your contract in any of the following circumstances.

  • If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, ESC will refund you the purchase price of your unused class or classes.

  • If you die, ESC will refund your representative the purchase price of your unused class or classes. ESC will refund you the purchase price of your unused class or classes.

  • If you move your residence more than 25 miles from an ESC studio location, you may cancel your purchase and ESC will refund the purchase price of your unused class or classes. Depending upon where you live, you may be charged a cancellation fee. ESC will refund you the purchase price of your unused class or classes with proof of residency

  • If ESC stops offering classes, you may cancel your purchase.

 

F. Cancellation Policy for Reservations

In order to cancel a reservation in an ESC class and receive a class credit, you must unreserve before 10 hours of the start time of the class. Once your reservation is cancelled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven't cancelled by 10 hours before the class, your scheduled class will be returned to your account, not refunded, and a late cancelation fee of $15.00 will be charged to the payment on file. 

You can cancel your reservation in the following ways:

  1. Log into your account on the Website or the App, and, next to the class you wish to cancel, press "unreserve".

 

  1. Call the studio where you're booked to cancel the class for you.

FOR CLIMBERS AND COMMUNITY MEMBERS RUNNING LATE: We ask that you call the studio to let us know you are on the way. If you call the front desk at least 4 minutes before class begins, we will hold a reservation until class begins, though we cannot guarantee you will be given the climber you signed up for in the particular class. 

FOR CLIMBERS AND COMMUNITY MEMBERS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.

G. Links/Third Party Websites

ESC has not reviewed all the sites linked to the Website and/or App, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the ESC logos, please understand that it is independent from ESC, and that ESC has no control over the content of that website and/or app. Going to third party or off-site websites from the Website and/or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with ESC.

H. Intellectual Property Rights

The trademarks and trade dress of ESC are proprietary to ESC and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, ESC. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.

Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of ESC, is strictly prohibited.

You acknowledge that ESC and/or third party content providers remain the owners of all Website and App 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. ESC may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.

I. Not Authorized to Perform Data Mining

You are not authorized without the prior written permission of ESC to use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website and/or App or accessed through this Website and/or App. You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.

J. Not Authorized to Use This Website for Commercial Purposes

Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of ESC's material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website and/or App in connection with the sale or resale of any ESC products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, ESC's material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, user's permission to use ESC's material will automatically terminate and any copies made of ESC's material must be immediately destroyed.

Any unauthorized use of ESC's material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

K. Warranty Disclaimer and Limitation of Liability

In no event will ESC be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, your purchase of ESC classes, your rights to cancel your purchase of ESC classes, your registration for classes, your purchase of merchandise, your communication with ESC, and your use of and attendance at ESC's studios, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if ESC expressly advised of the possibility of such damage.

All information, goods, services, products, and experiences are provided by ESC on an "as is" basis only. The entire risk as to the quality and performance of the goods, services, products, and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. ESC provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

L. Acceptance of Terms

By using the Website or App, purchasing an ESC class, registering for an ESC class, booking a step mill, purchasing merchandise, and/or using or attending an ESC class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website or App, purchasing an ESC class, registering for an ESC class, booking a step mill, purchasing merchandise, and/or using or attending an ESC class.

Occasional changes may be made to this document to reflect changes in ESC's policies. The Terms may be revised at any time by updating this posting. By using the Website or App, by buying ESC classes, registering for classes, booking step mills, buying merchandise, and/or using and attending ESC's studios, you agree to be bound by any such revisions. Climbers and community members are encouraged to check this document periodically to stay informed of current guidelines.

M. Contact Us

If you have any questions about these Terms you can reach us at info@elevatestairclimb.com 

V. Elevate Stair Climb Renew Terms and Conditions:


ESC monthly passes (climb obsessed, climb lover, and casual climber) are a subscription feature that automatically refills your classes on a monthly basis. Class packs are available for purchase in quantities of 4, 8, and 30 classes. ESC Renew subscriptions will continue to renew automatically on a continuous month-to-month basis until the subscription is cancelled by the climber or Elevate Stair Climb. Recurring subscription charges will be charged to the card the climber provides at the time of purchase and the climber authorizes Elevate Stair Climb to charge the card upon each renewal. ESC Monthly class subscriptions do not expire after thirty (30) days and unused classes will rollover into the following month. Cancellation Policy You have the right to cancel your purchase of ESC classes.  To cancel your monthly subscription, please contact your personal gym at info@elevatestairclimb.com and request a cancellation form. Complete the form and send back to the gym. You may also visit ESC and get a form in person. You can cancel your ESC subscription only at the studio where you applied for membership. You need to cancel your ESC monthly subscription at least 30 days before the renewal date. You will be charged for one more month after the cancelation and can go to unused classes during this period.

EFFECTIVE DATE: Jan 30, 2022

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