Terms of Service — The EPOC Experience

Terms and Conditions

Please read these Terms & Service (“Agreement” or “Term of Service”) carefully before using theepocexperience.com (“the Site) operated by The EPOC Guys, DBA The EPOC Experience (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the site at theepocexperience.com.

This Terms of Service is an agreement between you and The EPOC Experience (“us”, “we”, or “our”). Together with our Privacy Policy, this Terms of Service (collectively, the “Terms of Service” or “Agreement”) applies to your use of the website, theepocexperience.com (the “Site”), our mobile apps, and other services that we provide (the “Services”).

By accessing or using the Services in any manner, including visiting or browsing the Site, downloading the mobile app(s), or contributing content or other materials to the Site or on or via the mobile app(s), you agree to be bound by the Terms of Service. You are only authorized to use the Services if you agree to abide by all applicable laws and the Terms of Service. Please read the Terms of Service carefully and save it. If you do not agree with it, you should leave the Site and/or mobile app and discontinue the use of the Services immediately.

STUDIO POLICIES, RULES, AND REGULATIONS

CANCELLATIONS: YOU MUST CANCEL YOUR SESSION 8 HOURS IN ADVANCE OR YOU WILL LOSE THAT SESSION OR BE CHARGED A PENALTY CANCELLATION FEE DEPENDING ON YOUR MEMBERSHIP TYPE.

This includes switching time slots under the 8-hour notice time period. You may cancel through our online system, mobile app, or by calling us directly. If you have an unlimited membership and a late cancel occurs, you will be charged a late cancel fee of $12.00 plus tax. If you late-cancel a Personal Training session within 12 hours you will lose that session credit.

RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES AFTER THE START OF YOUR SCHEDULED SESSION OR YOUR SPOT MAY BE GIVEN TO ANOTHER PARTICIPANT ON THE WAITLIST.

You must be 18 years of age to sign a membership agreement. A member 14 years - 16 years can workout with a guardian present. A member at the age of 16 can workout without a guardian present, but must have written guardian approval and consent.

Membership & Class Commitment Cancellation

MEMBERSHIP MINIMUM CONTRACT: Membership cycles reset every 28 days. The minimum commitment for membership access is two cycles (56 days). Challenge memberships and class packs do not have a minimum commitment as they are non recurring payments.

PERSONAL BELONGINGS: You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present at our location. You assume all risk of loss for any of your personal belongings.

Membership Cancellation

Before you decide to ‘throw in the towel’, contact your home studio for a touch base! We have multiple membership options to choose from to keep you on track and ensure you’re making the most of your membership. If time is a concern, we offer class packages that don’t require a monthly commitment and offer the opportunity for you to change your frequency and pace.

We don’t believe in hidden fees - so if you decide The EPOC Experience is still not right for you, you can choose to:

Accept the 28 - day cancellation notice which will include one final billing cycle and access to your membership until the expiration date
Convert your Membership to a Credit Package for the convenience of flexibility
Pay 50% of your membership cost at cancellation date, and have access to your membership until the standing expiration

REFUND POLICY

Refunds are not issued for unused membership/credits/P.T. Sessions. In the case of a medical hold, the studio manager will review on a case by case basis. The EPOC Experience and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. For questions or support with online purchases or returns, please contact theepocexperiencelittleton@gmail.com.

MOBILE SERVICES

Some of the Services may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase The EPOC Experience services via your mobile phone, (ii) the ability to receive and reply to The EPOC Experience messages, (iii) the ability to browse The EPOC Experience from your mobile phone, and (iv) the ability to access certain The EPOC Experience features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s standard messaging, data, and other rates and fees will apply. It is advised to check with your carrier to determine available plans and their costs. Not all Mobile Services might be compatible with all carriers or devices. Therefore, it's crucial to ensure that these Mobile Services are available for your specific mobile devices and any restrictions that may apply.

TERMINATION & SURVIVAL

We reserve the right to terminate your access to our Services at any given time, without any provided cause or notice. You can terminate your account or membership whenever you wish by following the instructions provided on the “My Account” page or by directly reaching out to your local studio. Breach of the Terms of Service may lead to immediate termination of your account or membership, without any prior warning. In such instances, there will be no refunds for any fees paid or for any unused portions of purchased packages.

Sections that will survive the termination of this Agreement include: (1) Termination; Survival; (2) Assignment; (3) Intellectual Property Rights; (4) Legal Disputes and Arbitration Agreement for Users in the United States and Canada; (5) Governing Law; (6) Indemnity; (7) Limitation of Liability.

THIRD-PARTY SITES

Our Site and applications might contain links leading to third-party sites which are not under our control. We neither assume responsibility for nor endorse the content, privacy policies, or practices of such third-party sites. It's recommended to review terms, conditions, and privacy policies of any third-party websites you visit.

ASSIGNMENT

This Agreement, or any of your rights or obligations mentioned within, cannot be transferred or assigned without prior written consent. Any attempts to do so without such consent will be null and void. We retain the right to assign this Agreement when permissible by applicable law. This Agreement benefits and binds the parties, their legal representatives, successors, and assigns.

FEES

It is acknowledged that The EPOC Experience imposes fees for its services. Subject to applicable laws, The EPOC Experience holds the discretion to adjust its fees as necessary.

INTELLECTUAL PROPERTY RIGHTS

All content on the Site and applications, from text, graphics, videos, to interactive features, and including trademarks, service marks, and logos, are either owned by or licensed to The EPOC Experience and protected by copyright and other intellectual property laws. The content is intended solely for personal use and may not be used in any unauthorized manner without prior written consent. All rights not explicitly granted are reserved by us.

Feedback

When providing feedback about our Services, you agree that it is non-confidential. The EPOC Experience has the perpetual right to use, copy, modify, publish, redistribute, or create derivative works based on such feedback without any obligation to compensate you.

ENTIRE AGREEMENT & NO WAIVER

Together with our Privacy Policy and any other legal notices published, this Terms of Service establishes the complete agreement between you and The EPOC Experience. No waivers made by us shall be construed as further or ongoing waivers of such term or any other term.

Service Interruptions

The EPOC Experience services may face interruptions for reasons such as security, maintenance, system failures, and others. In such instances, no refunds or rebates will be provided.

Notifications

We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy, or posting of such notice on our Services. The EPOC Experience is not responsible for any automatic filtering that you or your network provider may apply to such notifications.

INTERPRETATION

In construing or interpreting the Terms of Service, headings are for convenience only and are not to be considered.

CONTACTING US

If you have any questions about the Terms of Service, the Services, the Site, or mobile apps, please contact us at: dan@theepocexperience.com.

The EPOC Experience Waiver & Release Form

Because physical exercise can be strenuous and subject to risk of serious injury, the fitness center urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity, or use any club amenity on the premises or off premises including any sponsored EPOC Experience event, you do so entirely at your own risk. You agree that you are voluntarily participating in the use of this facility and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property.

This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of; (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunction of any equipment and (c) your slipping and/or falling while in the club, or on the club premises, including adjacent sidewalks and parking areas.

You acknowledge that you have carefully read this "waiver and release" and fully understand that it is a release of liability. You expressly agree to release and discharge the club, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the club for negligence, personal injury or property damage.

Note: Should any part of this agreement be found by a court of law to be against public policy or in violation of any statute or case precedence, then only that wording is removed and the remainder of this agreement will remain in full force.

LAST REVISED ON: November 6, 2023