Jazzercise On Demand Subscription Agreement
This Subscription Agreement is entered into and effective on the date payment is submitted.
Welcome to Jazzercise On Demand! This Subscription Agreement (“Agreement”) is a binding contract between the subscriber, identified as (“Subscriber,” “you,” or “your”) and Jazzercise, Inc. (“Jazzercise”, “Jazzercise On Demand,” “JOD,” “Company”, “we,” “us,” or “our”). While the term “subscription” is used throughout this Agreement, in certain provisions it shall be understood to also apply to “customers.” Customers are individuals who engage with our services on a non-subscription basis, including, but not limited to trials and pay-per-view products unless the context clearly indicates otherwise. This Agreement applies to your access to, and use of Jazzercise On Demand services and wellness services, including but not limited to, Jazzercise On Demand workouts and Simply Plated. (collectively, “Services”).
Please refer to Jazzercise’s Privacy Policy for information on how Jazzercise collects, uses, and discloses personal information provided by subscribers. Subscriber acknowledges and understands that Jazzercise may collect, use, and disclose Subscribers’ information pursuant to Jazzercise’s Privacy Policy, as updated from time to time.
By engaging our Services, you acknowledge reading, understanding, and agreeing to be bound by this Agreement, our Terms of Use, and any other referenced agreements, signifying your consent to the outlined rules and conditions. If you do not agree with or consent to being bound by this Agreement, you are not authorized to use our Services.
THIS SUBSCRIPTION AGREEMENT INCLUDES A CLASS ACTION WAIVER AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
THIS AGREEMENT IS SUBJECT TO CHANGE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT (OR ANY PORTION OF THIS AGREEMENT), INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU MAY NOT USE OUR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES.
This Agreement shall be governed by and interpreted in accordance with laws of the state in which the Subscriber’s permanent residence is located. The rights and obligations set forth herein, including any state-specific cancellation rights, shall correspond to the state-specific cancellation rights where the Subscriber permanently resides.
I. SUBSCRIPTION
1. Subscriber Information
1. Subscription and Service Details. Subscriber understands that this Agreement is specific to the details of the Services the Subscriber selected during the purchase process, including but not limited to the type of Services, term of Services, and fees for Services.
1.1. Payment Obligations. Subscriber understands that all payments must be made on time and any failure to make timely payments may result in Jazzercise deeming the entire remaining balance immediately due and payable upon demand.
1.1.1. Any failed or declined payment transactions may be subject to additional processing fees per occurrence. Jazzercise is not liable for any fees charged by your financial institution in the event a payment request is returned as uncollectable for any reason including, but not limited to, insufficient funds, expired or cancelled payment cards, overdrafts or closed accounts.
1.1.2. Payment authorization for Jazzercise Services and subscriptions shall remain in full force and effect unless and until (i) the agreement expires, or (ii) Jazzercise receives notice of cancellation from Subscriber.
1.1.3. Subscriber expressively agrees that Jazzercise shall not be liable for any direct, indirect, special, consequential, punitive damages arising out of or related to any wrongful debt to Subscriber account.
2. Automatic Renewal and Cancellation Responsibility. Upon contract expiration, if Subscriber has purchased a reoccurring subscription the agreement will automatically convert to a month-to-month or a year-to-year term based on the subscription selected and purchased, unless cancelled by Subscriber.
1.1.4. Subscriber is solely responsible for requesting cancellation if they do not wish to continue their subscription.
1.1.5. Subscriber can cancel their subscription by logging into their online JOD account or their JOD App.
1.4. Right to Cancel. Jazzercise reserves the right to terminate this agreement and revoke the Subscribers’ right to participate in any Jazzercise Services at any time, with or without cause to the fullest extent.
II. TERMS OF SUBSCRIPTION AGREEMENT
1. General
1.1. Based upon the subscription purchased, Jazzercise agrees to provide fitness and wellness services to subscribers, including but not limited to live-streamed sessions, on-demand workouts, and related content. Our services are designed to promote physical activity and overall well-being. In order to facilitate the provisions of our services, Subscriber agrees to the following:
2. Age Eligibility
2.1. The Services provided under this Agreement are available to individuals who are at least 18 years of age and legally capable of entering into binding contracts under applicable law.
2.2. By using our Services, you represent and warrant that you are either (a) at least 18 years old or (b) using the services under supervision of a legal guardian or supervising adult who has agreed to be responsible for all activities conducted on or through our Services.
2.3. Jazzercise reserves the right to, in its sole discretion, deny access to or terminate use of the Services for any individual. This provision is void where prohibited by law, and the rights granted under shall be revoked in such jurisdictions.
3. On Demand Access Policy
3.1. Subscription under this Agreement grants access to Jazzercise On Demand. Purchase of Jazzercise On Demand alone does not provide access to studio franchise locations.
4. On Demand Subscriptions
4.1. General. By purchasing a JOD subscription, you agree to all Jazzercise policies, rules, terms, conditions, and limitations.
4.2. Access. Your subscription grants you access to Jazzercise On Demand subject to specific terms of your selected subscription plan.
4.3. You are required to pay the dues and fees required by this Agreement even if you do not use Jazzercise On Demand or services made available to you.
4.4. Physical Condition. You further acknowledge that it is your responsibility to consult a healthcare professional before engaging in any exercise program and to discontinue participation if any health concerns arise. Jazzercise, Inc. is not liable for any injuries, health conditions, or other issues related to your participation. By utilizing Jazzercise On Demand, you represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of Jazzercise services.
4.5. Cancellation. You can cancel your subscription as stated in I. Subscription, 1. Subscriber Information, Paragraph 1.3 above. You may have additional cancellation rights depending on your state of residence. Please review the state cancellation rights at the end of this Agreement.
5. Billing and Payment
5.1. All fees for Services shall be in accordance with our fee schedule then in effect and payments shall be due at the time you order the services, unless otherwise noted.
5.2. Payment Processor. We may collect fees through our contracted third-party payment processor. When you accept the terms of this Agreement you are also agreeing to the applicable payment processor’s terms of service. We may replace our third-party payment processor without notice to you.
5.3. Payment Method. You may pay for services by providing a valid credit or debit card or any other payment method accepted by us. We are not responsible for any changes in statement descriptors made by your credit card issuer.
5.4. Failure to Pay. Any failure to maintain valid, up-to-date payment information with our third-party payment processor or to keep your payments current will constitute a material breach of this Agreement for which we may suspend or terminate your access to the Services immediately without notice. Interest will be charged on all unpaid delinquent amounts at the rate of 1.5% per month or the highest rate permitted by applicable law, whichever is lesser. You agree to reimburse us for all collection agency fees, attorneys’ fees and other costs we may incur to collect delinquent amounts you owe to us.
5.5. Fee Changes. We expressly reserve the right to change or modify our prices and fees at any time, and such changes or modifications shall be posted online, or the relevant site or platform of the service, and effective immediately without need for further notice to you, unless required by law. Prices may vary based on your status as a new or current Subscriber. Current Subscribers are provided up to 30 calendar days’ and no less than 7 calendar days’ notice of any price increase.
6. Sales and Use Taxes
6.1. Sales and use taxes, as applicable by law, will be based on your location, our location, and purchase prices are exclusive of taxes and will appear as a separate line item at checkout.
6.2. Sales and use tax rates are subject to change and will be applied to your subscription fees as required by your billing address sales and use tax laws.
6.3. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Jazzercise and its service providers from your failure to pay any and all taxes, including sales taxes, based on incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for pursuing such action.
7. Physical Condition and Medical Disclosure
7.1. Jazzercise offers wellness services, including nutritional counseling services and sleep guidance which are solely intended to assist users in their personal fitness and wellness goals and objectives.
7.2. Jazzercise is not a medical organization or healthcare provider. Neither the Company nor its employees can give you medical advice, diagnoses, or treatment. The Services provided, including links to third-party sites and the provision of information or materials by a healthcare or nutrition professional, are for general informational and educational purposes only, and are not meant to be complete or exhaustive, or to be applicable to any specific individual’s medical condition or needs, and should not be interpreted as a substitute for consultation, evaluation, or treatment by your medical doctor, nurse practitioner, mental health provider, or nutrition professional (collectively, your “Healthcare Professional”).
7.3. Please consult with your Healthcare Professional regarding diagnosis or treatment options before participating in any wellness services, including nutritional counseling programs or sleep guidance, undertaking any weight loss effort or regimen, undertaking any fitness or exercise activity or program, or if you have any actual or suspected health problems or concerns. We urge all individuals to get periodic medical checkups before, during and after utilizing the Services.
7.4. By signing this Agreement, you represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of Jazzercise services.
7.5. You agree that Jazzercise shall not be liable for any damages resulting from, arising out of, or in any way connected to personal injuries, including death, sustained as a result of your use of the Services, including but not limited to your participation in any wellness services, nutritional counseling services, sleep guidance, or any other programs or fitness activities offered by Jazzercise.
8. Service-Related Software
8.1. You may be required to download software (such as a mobile app) to use the Services offered, and the Services may enable you to access software running on our servers or our vendors’ servers (collectively, “Software”). You agree that we retain the ownership of all rights, title, and interest in and to the Software.
8.2. Jazzercise gives you a personal, non-commercial, royalty-free, non-assignable, and non-exclusive license to use the Software to access the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by the Agreement. You may not copy, modify, distribute, sell, or lease any part of our Services or Software, nor may you reverse engineer or attempt to extract the source code of the Services or Software, unless laws prohibit those restrictions, or you have our written permission.
8.3. Jazzercise Software programs may be contained within certain vendors’ software that may have been licensed to us.
9. Subscriber Conduct
9.1. As a specific condition of your use of any of our Services, you explicitly agree not to (a) use any of the Services for any purpose that is unlawful or prohibited by this Agreement; (b) intentionally submit or transmit inaccurate information through the Services; (c) impersonate or pretend to be anyone else while using the Services; (d) use the Services in any way that could damage, disable, overburden, or impair any of the Services, or interfere with anyone else’s use of any of the Services; (e) attempt to gain unauthorized access to Jazzercise computer systems or networks connected to Jazzercise, through hacking, password mining or any other means; (f) attempt to gain unauthorized access to information entered by other Subscribers; (g) obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services; (h) attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access; (i) introduce any malicious or technologically harmful material into our Services; and (j) develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from Our Services.
10. Choice of Law and Forum
10.1. By entering into this Agreement, you agree that the laws of the United States and the laws of the State of California govern this Agreement and any claim or dispute you may bring against the Company. You also agree that any arbitration arising under this Agreement will be held in accordance with the Federal Arbitration Act.
10.2. Subject to the Arbitration and Dispute Resolution procedure stated below, any legal suit, arbitration, action or proceeding arising out of, or related to, this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of California or before California arbitrators in each case located in the County of San Diego.
11. Arbitration and Dispute Resolution
11.1. By entering into this Agreement, you agree to try to settle any dispute with Jazzercise arising from or related to your use of or access to the Services by sending a letter describing the basis for the dispute and allowing the Company at least 30 days to respond after the Company will have received your letter. If you want to send such a letter to the Company, send it to support@jazzercise.com. The Company will respond to you at the email address the Company has on file for you.
11.2. The parties will cooperate and attempt in good faith to resolve any dispute or claim arising out of or relating to this arbitration agreement or the construction, interpretation, performance, breach, termination, enforceability, or validity, thereof, or arising out of or relating to your use of or access to the Services.
11.3. You and Jazzercise agree to attempt to resolve the dispute as described in the preceding paragraph before you or Jazzercise will commence any litigation or file a claim against the other party.
11.4. By accessing or using the Services (as defined in this Agreement), you unconditionally agree that any dispute which cannot otherwise be resolved as provided above after the parties have negotiated the resolution of the dispute for at least fifteen (15) business days will be decided entirely by binding arbitration on an individual basis, which means you and the Company waive the right for a judge or jury to decide such claims and means that you may not proceed in a class, collective, or consolidated capacity. Your rights and Jazzercise’s rights during the arbitration process may be more limited than the rights you or Jazzercise would have in civil trial or appellate courts. The Federal Arbitration Act and federal arbitration law apply to this arbitration agreement.
11.5. At the beginning of any arbitration process under this arbitration agreement, you and the Company will need to select an arbitrator by mutual agreement. The arbitrator shall be a retired federal judge or judge of the state court of general jurisdiction, or another qualified and impartial person that you and the Company decide upon. In the event you and the Company cannot agree on the selection of an arbitrator, the Company will select an alternative dispute resolution provider and request from that provider a list of an odd number of potential arbitrators. From that list you and the Company will alternatively strike arbitrators, with the Company going first, until one arbitrator is left. That arbitrator shall be the arbitrator who will hear the case. If you and the Company cannot agree on an alternative dispute resolution provider, an arbitrator will be appointed according to law. Payment of all filing, administration and arbitrator fees will be governed by the selected arbitrator’s or alternative dispute resolution provider’s applicable rules.
11.6. The arbitrator shall have the same authority as a state or federal court would have to issue subpoenas to third parties for production of documents and for depositions, in addition to subpoenas to appear at any arbitration hearing. In any arbitration proceeding under this arbitration agreement, all rules of pleading under the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings shall apply and be observed, unless you and the Company agree otherwise. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings shall be privileged. The arbitrator’s award(s) shall include the arbitrator’s written reasoned opinion. Resolution of all disputes shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law.
11.7. You and the Company each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. This arbitration agreement shall not be construed to allow or permit the consolidation or joinder of claims of other claimants, or to permit such claims to proceed as a class, representative, or collective action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. No arbitrator shall have the authority under this arbitration agreement to order any such class or collective action. Any dispute regarding the validity, scope, or enforceability of this arbitration agreement, or concerning the arbitrability of a particular claim, shall be resolved by a court, not by the arbitrator. You agree to waive any substantive or procedural rights that you may have to bring or participate in an action brought on a class or collective basis.
11.8. The arbitral award will be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived.
11.9. Each party will bear its own fees, costs and expenses of the arbitration, and its own legal expenses, attorneys’ fees, and costs of all experts and witnesses, provided, however, that the arbitrator may award arbitration costs, including legal, auditing, and other fees to the prevailing party in the arbitration proceeding if the party prevails on a claim based on a statute or contract that provides for award of such attorneys’ fees and costs to the prevailing party. The Parties agree to use any mass arbitration rules and fee schedule of the selected arbitration forum, if available and if applicable, including if such rules or fee schedule become applicable after the commencement of arbitration.
11.10. Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection prior to or pending arbitration; (c) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or Confidential Information or to enjoin infringement or other misuse of intellectual property rights; or (d) to enforce any decision of the arbitrator, including the final award.
11.11. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PERMITTED UNDER THIS AGREEMENT OR AS PROVIDED IN THE ARBITRATOR’S OR ARBITRATION AGENCY’S APPLICABLE RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR JAZZERCISE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
III. STATE LAW NOTIFICATIONS
1. State Law Cancellation Rights
1.1. Depending on your state of residence, you may have certain rights under this Agreement, including the right to have a copy of the Agreement at the time you enter into it and the right to cancel this contract without penalty. If applicable, these cancellation rights may be exercised by submitting a cancellation notice by accessing your profile in the JOD app or the JOD website. These cancellation rights may include the following:
1.1.1. Cooling Off Period. Depending on your state of residence, you may be entitled to cancel the Agreement by providing notice of your intent to cancel within 3 business days after entering into the Agreement. Depending on your state of residence, you may have more than 3 business days to cancel without penalty. If your state law provides a longer cancellation period, then the longer period shall apply. This provision is intended to preserve and not limit any cancellation rights you may have under applicable law. Upon timely cancellation, as determined by applicable law in your state of residence, Subscribers are eligible for a full refund of all monies paid under the Agreement.
1.1.2. Disability Rights. Depending on your state of residence, you may be entitled to cancel or extend your Agreement if you become disabled, as defined under applicable state law, and are unable to use a substantial portion of the services under this Agreement. Documentation demonstrating your disability may be required by applicable state law.
1.1.3. Death of Subscriber. Depending on your state of residence, your estate may be entitled to cancel your Agreement in the event of your death.
1.1.4. On Demand Termination. Depending on your state of residence if Jazzercise On Demand shuts down operations you may be entitled to either a partial refund or cancellation of your Agreement.