Liability & PRivacy Policies

TRAVERSE FITNESS TERMS OF SERVICE 

1.     Club Rules; Amendment.  Included in these Terms are any exhibits, addendums or other agreements that you enter into with us, including but not limited to separate waivers and assumptions of liability, and any club, facility, or class rules that we post in our club or that we communicate to you at any time.  We may amend, modify, or add to these Terms at any time, at our sole discretion.

2.     Memberships.  

(a)            Your membership to our fitness club is an individual membership that is unique to you, and you may not share your membership with any other person, allow any other person to use your membership, or transfer your membership to any other person.  This membership will automatically renew on a month-to-month basis on the first day of each month, and by accepting these Terms, you agree that your account/credit card will be charged each month based on the membership type selected and membership start date as described in your membership agreement.  If your credit card is declined or we are unable to charge your account, we may suspend your membership until you pay the full balance owed under your membership plan.  Unused monthly class or services sessions will not roll-over and will be automatically forfeited.  You may only use that portion of our club to which your membership applies, as described in your membership type.  Your membership, and your right to use our club, are conditioned on your compliance with these Terms, and we reserve the right to terminate, suspend, or cancel your membership at any time.  If we are forced to initiate collections and/or legal action against you to collect any amounts you owe to us, you will also be liable to us for our costs of collection, including but not limited to, reasonable attorneys’ fees, regardless of whether we file a lawsuit.  

(b)           Your membership and your class purchases are personal to you.  You may not sell, gift, transfer, or assign your membership or any class purchases to any other person.

(c)            We do not offer refunds of membership fees, except that you may cancel your membership and receive a refund only if you give us notice of rescission by email, mail, or hand delivery within 3 business days from the date you purchase your membership or class package, minus a prorated fee for the number of days you use our club.  

(d)           You acknowledge and agree that if you wish to cancel your membership, you must notify us in writing at least 30 days prior to your next monthly auto payment date, or else you will be charged for the next month.    

(e)            If you are a free trial member, or your membership is in connection with any other promotion, any additional terms and conditions included in such promotion or free trial are included in these Terms by reference, and we reserve the right to terminate or cancel such free trial or promotion at any time.  

(f)            If you are temporarily unable to use our facility for medical reasons, you may request a freeze of your membership on a month-by-month basis.  To qualify for a membership freeze, you must be in good standing with all fees and other amounts due to us and be current on monthly or prepaid fees or dues, and you must provide a written doctor’s note at the time you request the freeze, and complete our Membership Freeze Form and return it to our general manager.  You acknowledge and understand that freezing your membership will extend the term of your membership and that you will still be obligated to pay your monthly dues until the minimum term has expired.  A fee of $15 per month will be assessed for freezing a membership.  We reserve the right to adjust this freeze policy from time to time at our sole discretion.  All requests must be received at least 14 days prior to your next billing date period.  We will not freeze any membership retroactively.

(g)           Anything to the contrary in these Terms notwithstanding, you (or your estate or representatives if applicable) may terminate your membership, effective immediately, if any of the following events occurs: (i) your death; (ii) you become totally physically disabled as determined by a licensed physician or advanced practice nurse for the duration of the membership; (iii) we move our club to a location that is more than 5 miles from our current location; (iv) you move more than 10 miles away from your current residence; or (v) any other event requiring that we allow you to terminate your membership pursuant to Colorado law.

3.     Class Packages and Single Class Purchases.  If you have purchased a single class or package of classes, those classes must be used within the time stated in your package agreement or they will expire without refund of any kind (unless the order screen states a different expiration period).  We do not offer full or partial refunds for class packages or single class purchases.  

4.     Class Booking.  We recommend that you reserve your space in our classes in advance through our website or by calling our studio.  Please be aware that space in our classes are limited and are offered on a first come first serve basis.  If a class has filled up and you have not reserved a space, we may be forced to turn you away.  We reserve the right to change and cancel teachers, events, classes, and workshops without prior notice, and may introduce fees for late cancels or no shows at any time.  You will be contacted via text, phone, or email should a class be cancelled.  We enforce a strict no show/late cancel policy.  If you have reserved a space in one of our classes and do not attend such class or fail to cancel at least 12 hours in advance of the class, you will be charged for such session and if you are under an unlimited membership plan, you will be charged the prevailing no show/late cancel fee. 

5.     Payment of Fees.  

(a)            We will charge you for all fees in advance. If you have purchased a membership that includes recurring charges, you authorize us to process credit card or ACH transactions from your account according to the membership plan/class package and payment type you’ve selected.  If you have purchased a membership plan, you understand and agree that this authority will remain in effect until you’ve canceled your membership in accordance with our policies.  It is your responsibility to maintain a debit or credit card on file with accurate billing information.  We are not responsible for errors in processing due to an expired card or inaccurate billing information.

(b)           We reserve the right to change our membership fees on 60 days prior notice to you, and if you are on a discounted or promotion membership plan, we reserve the right to charge you at our standard membership rate on 30 days prior notice.

(c)            You may terminate your membership at any time, but we will not refund any fees or other amounts that you have paid us in advance.  You may continue to use our club in accordance with these Terms for the remainder of your then-current billing cycle or until you have used all classes or services that you have paid for in advance, as applicable; provided, however, that if you have not used all such classes or services within 1 year of termination, such classes or services will expire.

(d)           If we are required to take action to collect from you any amounts owed to us under these Terms, you agree that you will pay for all of our costs of collection, including but not limited to, reasonable attorneys’ fees and court costs.

6.     Use of Facilities.  

(a)            While using any of our fitness studios, you will comply with all rules specific to such studio and the applicable class that you are participating in.

(b)           You shall not act as a trainer for any other person while at our facility, and you may not use a personal trainer at our facility unless we have approved of them in advance.  While using the facilities at our club, you must comply with club rules at all times and you may not engage in any illegal activity while at our club.  You are solely responsible for your use of the facilities or any of our club’s services.  

(c)            In addition to the club rules, you agree:

 (i)             You will conduct and present yourself in such a manner as to preserve the comfort, health, safety, and welfare of others at our facilities.  You shall not engage in behavior towards other members, guests, or our staff that is threatening, obscene, harassing, indecent, or illegal.

(ii)               You will observe proper etiquette, language, and courtesy at all times.  This includes proper conduct and relinquishing studios and class rooms on schedule.

(iii)              You will wear proper footwear at all times in our facility.  You will wear proper attire at all times for the area of the club you are using.  No torn, ragged, or cut-off clothing is permitted.  Hats or other clothing with offensive illustrations or language are not permitted.

(iv)               You may not bring alcohol, smoking, marijuana, or tobacco products or guns, firearms, or weapons of any kind in our facilities.

(v)                Children under the age of 18 are not allowed in our club unless approved in advance by management on a case by case basis.  

(vi)               You and guests are encouraged not to bring valuables into our club.  We are not liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, clothing, phones, laptops, and other items left by you or your guests.

(vii)                  You agree not to use any defective equipment and to immediately report any defective equipment to one of our employees.

7.     Representations.  You certify that you are: (a) physically sound; (b) have medical approval to proceed with a normal routine of exercise; (c) are not aware of any physical limitations, medical conditions, or other circumstances that would be aggravated or increase your risk of illness and/or injury as a result of participating in our exercise routines; and (d) you are at least 18 years of age, or you are entering into this Agreement as the participant’s parent or legal guardian.

8.     Use of Altitude Room.  You may only use our altitude room if you have purchased a membership that includes its use or have purchased classes or time in the altitude room.  In addition to the altitude room rules, you agree to the following:  

(a)            You understand that the altitude room is designed to simulate conditions at altitudes that are different from that of Denver’s, including conditions at much higher altitudes.  These conditions include, but are not limited to, lower oxygen levels than what you may be accustomed to.  By initialing below you agree to the heightened risks that accompany training at higher altitudes.

(b)           Your use of the altitude room is at your own risk.  If you are using the altitude equipment/chamber, you certify that you are: (a) in good physical condition; (b) experienced with training and engaging in physically demanding activities at high altitudes and are aware of the risks of altitude related illness; (c) have medical approval to proceed with exercise at high altitude; (d) are not aware of any physical limitations, medical conditions, or other circumstances that would be aggravated or increase your risk of illness and/or injury as a result of participating in training at high altitudes; and (e) you are at least 18 years of age

(c)            You may not use the altitude room if you are pregnant, have sickle cell anemia, chronic obstructive pulmonary disease, emphysema, heart disease, or any other condition that may interfere with your ability to use the altitude room or tolerate high altitudes/lowered oxygen levels.  Only adults age 18 or over may use the altitude room.  

(d)           You will immediately stop using and exit the altitude room, and notify a member of our staff, if you experience any of the following symptoms: headache, dizziness, nausea, trouble breathing, weakness or fatigue, increased hear rate, chest tightness or pain, coughing, vomiting, confusion, inability to walk in a straight line, or pale, gray or blue skin. 

(e)            You may not bring guests into the altitude room unless they have entered into a written agreement with us that includes liability waivers that we deem adequate, in our sole discretion.  We have the right to deny use of the altitude room to any person for any reason.                                  

9.     Assumption of Risk and Release.  An unavoidable risk of serious injury will always exist when participating in any cardiovascular exercise, interval training, high altitude training, spin/cycling, strength training routine, recovery activities (including through the use of compression, electronic stimulation, vibration therapy, infrared light, and other modalities), or 1-1 treatment, despite our implementation of all reasonable precautions.  Not all hazards and dangers can be foreseen.

(a)            You understand that there are significant risks of injury associated with participation in any exercise routine and you may experience certain adverse physical changes during our exercise routines or during your use of the strength and cardiovascular exercise equipment or recovery equipment at the Premises.  These risks include, but are not limited to: abnormal blood pressure; broken bones; fainting; lightheadedness; heart rhythm disorders or irregularities; knee, back, or foot injuries; muscle strains, pulls, or tears; stroke; heart attack; high-altitude sickness; reverse-altitude sickness; or even death.  You further understand that certain prescribed medications may exacerbate those physiological changes and create an even greater risk of physical injury or death.

(b)           WITH FULL ACKNOWLEDGMENT OF THESE RISKS AND DANGERS, YOU KNOWINGLY AND VOLUNTARILY CHOOSE TO USE OUR FACILITIES AND PARTICIPATE IN OUR EXERCISE ROUTINES AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF PHYSICAL EXERCISE WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.                                

10. Indemnification.  YOU AGREE NOT TO SUE AND TO RELEASE FROM ALL CLAIMS, COSTS, DEMANDS, EXPENSES, AND CAUSES OF ACTION US and our affiliates, members, managers, officers, employees, agents, representatives, successors, and assigns (each a “Released Party”) for any property damage, injury or loss to you, including death, that you may suffer, which arise in whole or in part out of your participation in our exercise routines or your use of any strength or cardiovascular equipment or recovery equipment, including those claims based on any Released Party’s alleged or actual negligence, breach of any contract and/or express or implied warranty, the use of any equipment located on the Premises, or any and all violations of codes, statutes, licensing requirements, or registrations of the State of Colorado, whether known or unknown as of the date hereof.  By agreeing not to sue, YOU ARE RELEASING ANY RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST ANY RELEASED PARTY.  You are solely responsible for any and all of your actions or omissions while at our facility.  By execution of this Agreement, you also AGREE to DEFEND AND INDEMNIFY each Released Party from any and all claims, suits, or causes of action by you and/or a third party arising in whole or in part from your participation in our exercise routines or use of our facilities, including but not limited to use of strength or cardiovascular equipment or recovery equipment.  You agree to pay all costs and attorneys’ fees incurred by any Released Party in defending a claim or suit brought by or on behalf of you or any third party in connection with the foregoing.

11. Parking Facility.  Your use of our parking facility is at your own risk.  We have no control over the additional parking facility, and disclaim any and all liability in connection with your use of the parking facilities. 

12. Breach of Terms or Club Rules.  If, at any time, you or any guest of yours breaches these Terms or fails to strictly follow our club rules, we may remove you and your guests from our club and terminate any memberships or other purchases you have made from us, without refund.

13. Publicity and Use of Likeness.  You consent to us taking photographs or video of you while in classes or otherwise in the public areas of the club and irrevocably grant to us the right to use your image or likeness in such images or videos in any advertising, promotion, and marketing materials, including any and all social media, print media, or on our website.  You expressly grant us the right to use and publish such photographs and video as contemplated herein, all without compensation or payment for such use and publication.

14. Indemnification.  You agree to defend, indemnify, and hold harmless Traverse Fitness LLC, our affiliates, and our respective successors, assigns, officers, directors, managers, members, shareholders, employees, contractors, and representatives from and against any and all losses, liabilities, damages, fines, penalties, costs, expenses, and fees (including reasonable attorneys’ fees) incurred in connection with or arising from: (a) your breach of these Terms or any of our club rules or policies; (b) your use of our facilities; (c) your negligent actions or omissions or illegal conduct; and (d) any of the foregoing as it relates to any guest you bring to our club. 

15. Notices.  Any notice which may be permitted or required under these Terms shall be delivered personally, or by email or other electronic means, or sent by United States registered or certified mail, postage prepaid, addressed: (a) to Traverse Fitness LLC, Attn: Management, 2449 S Broadway, Denver, CO 80210, email: jim@traversefitness.com.  Notice given by email or other electronic means shall be deemed to be received upon the later of confirmation of receipt or 1 business day following the date of transmission.  Notice by registered or certified mail or overnight carrier and shall be deemed to be received 2 days following the date of mailing, provided such notice is properly addressed and sufficient postage is affixed thereto, or the actual date of receipt, whichever is earlier. 

16. Choice of Law.  These Terms and all related documents including all exhibits attached hereto, and all matters arising out of or relating to these Terms or your use of our facilities, are governed by, and construed in accordance with, the laws of the State of Colorado, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Colorado.

17. Survival.  Your obligations under these Terms will survive any termination of these Terms or your membership.

18. No Waiver.  The waiver or failure of either party to exercise in any respect any right provided for such party herein shall not be deemed a waiver of any further right hereunder.

19. Severability.  If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
20. Consent to Contact.  By accepting these Terms, you give us and our vendors consent to contact you at the email address and/or phone number set forth for any matter related to your membership or account, including collection of monies owed, alerts or notices regarding your purchased services or classes, and 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 us or on our behalf at the phone number provided, including any wireless number, as applicable (standard text rates apply).  Your consent is not a condition of purchase.