TERMS AND CONDITIONS

This Terms and Conditions (“Agreement” or “Membership Agreement”) is entered into between Dsruptve,LLC., dba Tacoma Select, located at 1720 S 7th St Suite 102, Tacoma WA 98405 (“Tacoma Select”), and you the member. Tacoma Select is a baseball training facility for teams and individual use. This Agreement entitles members access to participate in the facilities and to enjoy other amenities offered.

Please review this Agreement thoroughly as it is a legal contract between Tacoma Select and all members. By using the services offered at Tacoma Select, members are agreeing to the terms of this Agreement.

PURCHASES AND PAYMENT

PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Class packages are billed in-full at the time of purchase. Regular monthly dues apply thereafter. Monthly membership payments shall be made 1 month after purchase, on a month-by-month basis, via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below.

In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.

REFUND POLICY: All purchases are final. On a case-by-case basis, Tacoma Select reserves the right to offer a refund, credit to another class, clinic, camp, or lesson.

Payments made in full via the Tacoma Select App, third-party payment systems, cash, and checks are non-refundable. Tacoma Select reserves the right to determine if a refund is warranted, and if warranted, Tacoma Select has the right to determine the refund amount or credit.

FREEZE POLICY: Members with a monthly unlimited membership may put their membership on hold, in one-month increments, for up to three (3) calendar months. A fee of $25 will be charged per freeze request. Notice of intent to freeze one’s account must be submitted to Tacoma Select via email at [email protected] no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months.

CANCELLATION AND BOOKING POLICIES

RESERVING CLASSES and Facility: Clients are solely responsible for the booking and canceling of their classes or facility rental. Clients may reserve class or facility spots online through their account, through the Tacoma Select application, the website tacomaselect.com, or by calling Tacoma Select during normal business hours and confirming with studio staff.

SIGN-IN: Clients are required to enter their scheduled class or facility rental no later than 5-minutes after the scheduled start time. If a client does not enter their classroom by this time, it is considered a no-show and Tacoma Select reserves the right to assign the spot to another person on the waitlist, as well as charge a no-show fee (detailed below).

CANCELLATIONS: Reservations may be canceled without penalty by canceling up to 24 hours prior to the class start time. This may be done online via a client’s account, or by calling the studio during regular operating hours and confirming with studio staff. Once the class is canceled within this time, the class will be returned to the clients’ account, and the client will not be charged the cancellation fee.

Cancellations via electronic mail (email), Facebook Messenger, Instagram or other social media, voice message, text message are not valid and the member will be charged.

PACKS + LIMITED MONTHLY MEMBERSHIPS: If you do not cancel within the 24-hour window, a late-cancel fee of $15 will be charged to your account and the reservation will be returned. If you do not have a working card on file, your class will be forfeited instead. If you do not cancel and do not show up to your scheduled class, a no-show fee of $22 will be charged to your account and the class will be returned. If you do not have a working card on file, your class will be forfeited instead.

MONTHLY UNLIMITED MEMBERSHIPS: If you do not cancel within the 24-hour requisite window, a late-cancel fee of $15 will be charged to your account. If you do not cancel and do not show up to your scheduled class, a no-show fee of $22 will be charged to your account. If you are on an auto debit contract or unlimited package and do not have a working card on file for such fees, your package will be reduced by one day and your auto debit contract will be suspended upon the subsequent month’s renewal.

The no-show and late-cancel fees apply to ALL clients equally regardless of unlimited status or special package pricing or membership level.

If you book multiple classes, or waitlist multiple classes, you are solely responsible for canceling your classes within the bounds of the cancellation policy outlined above. Tacoma Select staff cannot be held responsible for accidental bookings by clients, double bookings, or double waitlisted classes made by members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.

WAITLIST: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. If you add yourself to a wait list, YOU are solely responsible for managing your bookings and for canceling your classes within the bounds of the cancellation policy. The system will auto-populate clients into class from the waitlist as soon as other clients with confirmed spots cancel, and class slots will be assigned as such. Tacoma Select staff cannot move class slots for clients in classes that are completely full with wait lists.

PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT

PACKAGE PURCHASES: By purchasing a package from Tacoma Select, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members. Unlimited and auto-debit contract members are required to keep a current credit card on file.

Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen. Packages that expire will activate on the first class either booked OR waitlisted. Placing yourself on a waitlist with an expiring package will activate your package. Tacoma Select staff will not adjust or extend special packages due to waitlisted classes or accidental bookings through the acts or omissions of clients. The expiration date set on an expiring package is the date on which the package may no longer be used. Members purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.

REFUND POLICY: All purchases are final. On a case-by-case basis, Tacoma Select reserves the right to offer a refund, credit to another class, clinic, camp, or lesson.

Payments made in full via the Tacoma Select App, third-party payment systems, cash, and checks are non-refundable. Tacoma Select reserves the right to determine if a refund is warranted, and if warranted, Tacoma Select has the right to determine the refund amount or credit.

CREDIT CARD ON FILE: Members may elect to keep a credit card on file using their Tacoma Select account online. By placing a card on file, the cardholder and account holder gives permission to the Tacoma Select staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the Tacoma Select, cancellation policy detailed above.

AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize Tacoma Select to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Tacoma Select will initiate transfers/charges pursuant to this authorization not to exceed the amount show on you Membership Agreement and/or in connection with cancellation fees per the cancellation policy. Tacoma Select may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) the Tacoma Select booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. Tacoma Select cannot be held responsible for errors in processing due to expired or inaccurate information.

AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of Tacoma Select and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes and exercise equipment in association with the Classes and Facilities.

You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Tacoma Select staff, you would be at physical risk participating in Tacoma Select’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Tacoma Select with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Tacoma Select’s concerns and stating that Tacoma Select’s concerns are unfounded.

In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Tacoma Select, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Tacoma Select’s Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Tacoma Select’s Classes and Facilities, and should not be participating in any Classes.

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. 

Tacoma Select has put in place aggressive preventative measures to reduce the spread of COVID-19. However, the studio cannot guarantee that you or any member/employee of Tacoma Select will not become infected with COVID-19. Further, attending the studio could increase your risk of contracting COVID-19. 

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You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by attending the Tacoma Select Studios and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the studios may result from the actions, omissions, or negligence of myself and others, including, but not limited to, studio employees, instructors, and staff. 

You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at Tacoma Select (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless Tacoma Select, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Tacoma Select, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Tacoma Select program. 

You expressly agree to indemnify and hold the Company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest. 

You agree to be solely responsible for the safety and well-being of yourself. 

You agree to comply with all rules imposed by Tacoma Select regarding the use of the facilities and equipment.

You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by Tacoma Select. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose. 

You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises. 

CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER

You may cancel this Membership Agreement at any time. You must provide Tacoma Select written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than ten (10) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take effect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be canceled as of the date of the subsequent billing payment due date. 

If at the time of receipt of your cancellation notice, you have outstanding payments owed to Tacoma Select, these payments must be made in full in order for the Membership Agreement to be considered canceled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be canceled, and Tacoma Select reserves the right to pursue additional avenues or means to receive monies owed.

This Membership Agreement may be canceled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of Tacoma Select’ services which the member has contracted. The member, or the member’s estate, shall be relieved from the obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability); and (2) the member moves further than twenty-five (25) miles from Tacoma Select. The member shall provide proof of new residence.

MISCELLANEOUS

CONDUCT/DAMAGES: Tacoma Select is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Tacoma Select’s rules and regulations or who abuse equipment in any fashion will be asked to leave. Tacoma Select has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Tacoma Select property that results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Tacoma Select reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Tacoma Select.  

PHOTO/VIDEO RELEASE: You hereby grant Tacoma Select, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Tacoma Select and to use and publish these photos or videos in print and/or electronically. You agree that Tacoma Select may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising, and web content.