Membership Terms and Conditions
FACEGYM STUDIO Membership Terms and Conditions
This Monthly Membership Agreement (“Agreement”) is made between FACEGYM (referred to herein as “company”, “we”, "us" or “our”) and the member signed below (referred to herein as “Member,” “you” or “your”).
These FACEGYM Membership Terms and Conditions (“Terms”) apply to your FACEGYM monthly Membership (“Membership”) and all services provided by FACEGYM in connection therewith.
By signing this agreement or booking or receiving services with FACEGYM (such date the “Effective Date”), you agree that you have read, understand and agree to be bound by these Terms.
FACEGYM may update or change these Terms from time to time in order to reflect changes to any offered services, changes in the law, or for other reasons as deemed necessary by FACEGYM, which shall be communicated to you in writing (including, without limitation, via email). Following such notice, your continued booking and/or receiving services with FACEGYM shall constitute your acceptance of any updates or changes to these Terms.
1. Membership & Benefits
By entering into this Agreement and signing up for FACEGYM monthly Membership, you agree to subscribe to a credit for one Base Workout only (Currently: Signature Hands or Signature Sculpt) to be used within 30 days from the date payment is received by us) at the price as advertised on www.facegym.com, or in the FACEGYM Studio in which you receive the Services, which may be updated from time to time by FACEGYM in its sole discretion by providing notice to you on every Membership Charge Date. The membership credit is to be used by the member only and cannot be transferred to anyone under any circumstances. In addition to your monthly Workout, you’ll receive the following benefits:
- 40% off Boosters
- 30% off Additional Workouts in that Membership Month
- 20% off full price products sold at a FACEGYM studio (not applicable to sales of products included within promotional sales or products sold on www.facegym.com)
For scheduling purposes, you understand that one credit for a Workout (Signature Sculpt or Signature Hands) is permitted every thirty (30) days.
Please note, that the Contraindication form must be completed prior to a redemption of the membership crediton your monthly workout. If there is a contraindication present, the workout will not be able to be performed and you will have to reschedule the workout in that membership month or forfeit the credit.
All sales of membership are final and non-refundable.
2. Minimum Term
You agree to the initial Membership term established at the time of signing this agreement of 2 months from the Membership start date (“Minimum Term”).
During the Minimum Term, you will not cancel your Membership. After the Minimum Term, your Membership shall automatically renew on the Membership Charge Date, unless otherwise modified or cancelled by you or terminated by FACEGYM in accordance with these Terms.
3. Credit expiration
You acknowledge and agree that any unused service credits from one month will expire 30 days after the Monthly membership date and are not rolled to the next month and will be forfeited if not used in that month.
Your Monthly membership Credit is not refundable and cannot be converted to cash, gift cards or product.
In the event you cancel your Membership, all unused credits and benefits will be automatically forfeited at the end of your Membership Term, and you will not be refunded for any unused credits.
4. Payments
The card connected to your membership will be automatically charged the current monthly fee(“Monthly Membership Fee”) on the same day of each membership term (Membership Charge Date), unless your Membership is cancelled by you or terminated by FACEGYM in accordance with these Terms.
You accept that All Payments are Non-Refundable.
You will provide FACEGYM up-to-date, valid payment information in the form of a credit or debit card of which you are the legal cardholder or you are authorized to use by the legal cardholder. You acknowledge and agree that you are providing such payment information and authorizing FACEGYM to charge the provided payment information and collect payment for the automatic, recurring Monthly Membership Fee
If your payment method is declined or is no longer valid when charged by FACEGYM, you will immediately supply alternative payment methods and pay any past due Monthly Membership Fees of Skip fees. In the event of your breach of these Terms, the entire remaining balance shall be immediately due and payable, and FACEGYM shall be entitled to suspend or terminate your Membership, upon which all unused benefits will be forfeited (in addition to all other remedies available under these Terms or at law, which FACEGYM does not waive by the exercise of any rights hereunder).
You accept that gift cards cannot be used to purchase memberships.
Payment Disputes: You acknowledge and agree that you are responsible for all Monthly Membership Fees unless and until you cancel your Membership or your Membership is terminated by FACEGYM in accordance with these Terms. You agree to immediately notify FACEGYM in writing in the event of a dispute for any charged amounts and cooperate with FACEGYM in good faith to resolve such dispute. Further, you agree that you will not initiate a dispute with your card issuer in connection with FACEGYM’s automatically recurring billing of Monthly Membership Fees that are accurate and are billed prior to the cancellation or termination of your Membership.
Unpaid balances: Members will not be permitted to use any FACEGYM service until all monthly fees are paid as agreed. You are obligated to pay any collection and/or legal costs incurred by FACEGYM for collection of any fees. FACEGYM reserves the right to charge balances and overdue balances to the any account you have designated for payment under
any pre-authorization.
5. Transferring Membership
You accept that memberships are non transferable and are to be used only by you.
6. Cancellation and Termination
To cancel your Membership, you must complete the Membership Changes Form at least fifteen (15) calendar day(s) in advance of your Membership Charge Date, following the completion of your Minimum Term. Once we have received the form, a member of our team will confirm your membership has been cancelled via email and you will also receive a written confirmation. FACEGYM may terminate your Membership upon written notice to you for any reason or no reason.
Please note, to complete your cancellation request the above form is required
7. Redemptions and Cross-Country Redemptions
Memberships credits can be redeemed at owner operated FACEGYM locations excluding exempted studios.
Memberships credits are redeemable in the country for which they are issued and cannot be redeemed in a different country. To clarify: For membership purchased in the UK, this can only be redeemed in a UK location. For a membership purchased in the US, this can only be redeemed in a US location.
You acknowledge to redeem a membership credit you will book your Workout online at www.facegym.com or in a studio location.
FACEGYM standard cancellation terms and conditions apply to all bookings made with your Membership credit.
8. Membership Freezes
To freeze your Membership, you must complete the FACEGYM Membership Changes Form at least fifteen (15) calendar day(s) in advance of your Membership Charge Date, following the completion of your Minimum Term. Once we have received the form, a member of our team will confirm your membership has been frozen via email and you will receive a written confirmation including the date the freeze will be effective. Memberships can be frozen for a maximum time period of two months (2) in Membership Month increments. Upon freezing, you will immediately forfeit any treatments or other benefits within the frozen Membership Month[s]. The freeze will start on the next due Membership Charge date and payment will resume automatically after the total freeze period. You can freeze your membership only once in a 12 month period.
Please note, to complete your freeze request the above form is required
9. Member’s Obligations
You shall not be relieved of your obligations to make payments agreed to, and no reduction in any payments due shall be made because of your failure to use FACEGYM’s services. You must abide by late cancellation/no show conditions and all fees will be charged to the debit or credit card on file.
If you have an available membership credit and do not reschedule prior to the 24 hour period and are a cancel/no show, the membership credit will be utilised in place of the no show.
10. Changes
FACEGYM have the right to change or add to the terms of this Agreement at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Services by posting such changes on our website. We will provide you with notice of any changes via email, or through other reasonable means.
11. Revocation of Membership
FACEGYM reserves the right to revoke and cancel this Membership at any time for any reason, in which case you will, no later than fifteen (15) days after such cancellation, receive a refund of current unexpired and unused credit paid pursuant to this Agreement.
12. Privacy Policy
Any information you provide or that is collected by FACEGYM through the provision of Services and your Membership shall be handled in accordance with the Company’s Privacy Policy. This Agreement, and all documents and information incorporated by reference, contain the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter.
Definitions
- “Agreement Date” is defined as the date you signed this Agreement.
- “Workout” is defined as a base Workout service – either Signature Hands or Signature Sculpt (currently 50 minutes) that is available at any FACEGYM studio (excluding exempted studios)
- “Boosters” are currently defined as per the menu on www.facegym.com or in the menu in the FACEGYM Studio. Availability of boosters may be restricted by location and not all boosters may be available at all FACEGYM studios
- “Products” are defined as retail products available for purchase in the retail section of a FACEGYM studio. Exclusions may apply at certain times.
- “Membership Charge Date” is the date that your debit or credit card will be charged for your monthly membership.
- “Membership Term” is defined as the period beginning with a Membership Charge Date and ending on the day before the next Membership Charge Date which is thirty (30) days in length
- “Minimum term” Is defined as the minimum length of time you are bound by this agreed. This is 2 months from the Membership start date
- "Membership Month" Membership Month is defined as a calendar month.
- “Services” are, collectively, the Workouts and Boosters.
- “Exempted studios” refers to the Emory
- “Membership Credit” is a credit for 1 Signature hands or Signature Sculpt workout
WAIVER OF LIABILITY: YOU AGREE TO ASSUME, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FULL RESPONSIBILITY FOR YOUR USE OF THE FACILITY AND HEREBY RELEASE FACEGYM FROM ANY AND ALL LOSS, THEFT, CLAIM, INJURY, DAMAGE, OR LIABILITY, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF FACEGYM, ITS AFFILIATES, AGENTS, OR EMPLOYEES. YOU FURTHER AGREE THAT FACEGYM SHALL NOT BE LIABLE ON ANY THEORY OF LIABILITY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING ANY LOSS OF PROFITS, BUSINESS OR ANTICIPATED SAVINGS), ARISING OUT OF, IN CONNECTION WITH OR AS A RESULT OF THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER SUCH DAMAGES ARISE IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. FURTHER, YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS FACEGYM, AND EMPLOYEES AGAINST ANY AND ALL LIABILITY ARISING OUT OF YOUR PRESENCE AT THE FACILITIES.