The Collective Studios Terms of Service
Last Updated: February 15, 2025
1. Release of Liability. Weight training, aerobic exercise, dance and related exercise activities are inherently dangerous activities in which participants and other individuals are at constant risk. I hereby, upon signing this waiver, relieve and forever discharge Collective - SF, LLC (d/b/a The Collective Studios) of any liability to injury or harm which may result from usage of equipment, services and facilities. I understand that I am using the equipment, services and facilities at my own risk, and will assume all responsibilities and claims to injury or harm. I agree that I am at least 18 years old or have written authorization from a parent or guardian to participate in The Collective Studios programs, services and use of its facilities.
I hereby release and agree to hold The Collective Studios and any related entity harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act from The Collective Studios or associated entity, or that may otherwise arise in any way in connection with any services received from The Collective Studios or any associated entity. I understand that this release discharges The Collective Studios or any associated entity from any liability or claim that I, my heirs, or any personal representatives may have against The Collective Studios with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from The Collective Studios or any associated entity. This liability waiver and release extends to The Collective Studios together with all owners, partners, and employees.
2. I hereby grant permission to The Collective Studios to use photographs and/or
video of me in publications, news releases, online, and in other communications related to the mission of The Collective Studios.
3. I am aware that I can cancel or reschedule any classes/sessions prior to 24 hours. I am aware and acknowledge that any fees paid or due to be paid are non-refundable within 24 hours of any class/session. I acknowledge that I will be charged for any class/session fee if I do not cancel more than 24 hours in advance of the class/session. I understand that all sales are final within 24 hours of a scheduled class or session.
4. I REPRESENT THAT I AM IN GOOD PHYSICAL CONDITION AND HAVE NO MEDICAL REASONS, IMPAIRMENT OR DISABILITY THAT MIGHT PREVENT ME FROM USING ALL OF THE COLLECTIVE STUDIOS CLASSES AND FACILITIES. I ACKNOWLEDGE THAT THE COLLECTIVE STUDIOS DID NOT GIVE ME ANY MEDICAL ADVICE BEFORE PARTICIPATING WHICH MIGHT RELATE TO A MEMBER’S PHYSICAL CONDITION OR THE ABILITY TO USE THE COLLECTIVE STUDIOS CLASSES AND FACILITIES.
5. I acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of The Collective Studios. The Collective Studio’s instructors are not authorized to provide consent. This includes even a temporary recording/ transmission of any online class via online platforms such as SnapChat, Zoom, Facebook, Instagram or the like.
You are, however, permitted to record and post lawful, non-offensive content related to your participation in The Collective Studio's online or studio class before and/or after a class with the consent of each participant who is identified in your content.
6. I agree that The Collective Studio is in no way responsible for the safekeeping of my personal belongings while I am on their premises. I assume all risk of loss for any of my personal belongings.
7. We may provide access to WiFi connections or similar network connections to you (“WiFi”) at our studios or other locations. BY USING WIFI, YOU ARE AGREEING TO THESE TERMS. Your use of WiFi is subject to these Terms and permitted only while you comply with these Terms. We are under no obligation to provide WiFi to you and may terminate or suspend your access at any time and for any reason. WiFi networks may be open wireless networks and in any case are not intended to be used for transmission of personal, financial, or sensitive information. No network communication is 100% secure, and users should take care when using a generally available Wi-Fi connection. We do not control and are not responsible for data or content that you access or receive via the WiFI. We are not a publisher of third-party content that can be accessed through the Service and is not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service.
We reserve the right to monitor or store any transmission made through the WiFi, but we have no obligation to do so.
WIFI IS PROVIDED ON AN AS-IS BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE AVAILABILITY, FUNCTIONALITY, OR SECURITY OF WIFI.
8. WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY TESTIMONIAL, BLOG, DESCRIPTION, OR OPINION POSTED RELATED TO ANY OF OUR SERVICES OR FACILITIES AND EQUIPMENT TO THE MAXIMUM EXTENT ALLOWED BY LAW. CLAIMS CONTAINED IN TESTIMONIALS, BLOGS, DESCRIPTIONS, OR OPINIONS HAVE NOT BEEN SUBSTANTIATED SCIENTIFICALLY OR BY THE FOOD AND DRUG ADMINISTRATION. YOU UNDERSTAND THAT NONE OF OUR SITES PROVIDE MEDICAL ADVICE, MAKE CLAIMS ABOUT DRUG EFFECTIVENESS, OR DETAIL TREATMENTS FOR SPECIFIC ILLNESSES OR AILMENTS. WE MAY NOT BE HELD LEGALLY RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITES OR SERVICES.
9. By submitting any content (video, photos, comments and the like) to us directly or indirectly (including through any use of third party social media platforms directed at us, including, but not limited to Instagram, Facebook and other social media platforms as well as our mobile app), you grant to us the ability to use such content as we wish. You also agree to promptly remove any content that we, in our sole discretion, deem objectionable.
10. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent of The Collective Studios. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer this Agreement, which shall insure to the benefit of and are binding upon the parties and their respective legal representatives, successors, and assigns.
11. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms (including their formation, performance and breach, including breach of the arbitration agreement), your use of the Services, your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by AAA American Arbitration Association (“AAA”) Consumer Arbitration Rules (“AAA Rules”) if you are in the United States excluding any rules or procedures governing or permitting class actions in either the AAA Rules. Each party will have the right to use legal counsel in connection with arbitration at its own expense. We shall select a single neutral arbitrator in accordance with the AAA Rules. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. We may also contact each other through the selected arbitrator for the exchange of necessary information prior to arbitration. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on both parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this arbitration agreement and all other agreements between us shall be subject to the Federal Arbitration Act.
The current AAA rules governing the arbitration may be accessed at https://www.adr.org/Consumer. Updated copies of the rules are available for review from the AAA’s website (www.adr.org). You understand that, absent this mandatory provision, both parties would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. YOU AND THE COLLECTIVE STUDIOS EACH FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN OUR RESPECTIVE INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE (“CLASS”) ACTION, AND YOU AND THE COLLECTIVE STUDIOS EACH EXPRESSLY WAIVE OUR RESPECTIVE RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If any court or arbitrator determines that the Class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a Class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and The Collective Studios shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court Claims. Notwithstanding your and The Collective Studio’s agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
California Private Attorneys General Act (PAGA) Action. Notwithstanding anything else in this Agreement related to the resolution of all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
12. If you download any applications designed for download and use on mobile, tablet, smart watch or other personal devices that we may make available as part of our Services (“Apps”) from a third party App store, such as the Apple App Store, or Google Play (each, an “App Store”), you acknowledge and agree that:
These Terms & Conditions are an agreement between The Collective Studios and you, and not with the applicable App Store, and that subject to these Terms, The Collective Studios, not the applicable App Store, is solely responsible for the App and its contents;
To the extent any maintenance or support services are required under applicable law or expressly contemplated by these Terms, The Collective Studios, not the applicable App Store is solely responsible for such services and, subject to the terms and conditions of any agreement between you and an App Store, no App Store has any obligation to provide any maintenance or support services with respect to the Apps;
Each App Store may have its own terms and conditions to which you must agree before downloading an App from it, and the limited rights The Collective Studios grants you to use the App are expressly conditioned upon your compliance with such App Store’s terms and conditions;
The App Store is not responsible for addressing any claims you have relating to the Apps or your possession and use of the Apps;
The Collective Studios, not the App Store, is solely responsible for any product warranties relating to the Apps, whether express or implied, to the extent not disclaimed or limited under these Terms;
In the event of any failure of the applications to conform to any applicable warranty, you may notify the App Store and the App Store may refund the purchase for the Apps to you; provided, however, that to the maximum extent permitted by applicable law, the App Store shall have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between The Collective Studios and the App Store, The Collective Studios’s responsibility;
If a third party claims that an App infringes on another party’s intellectual property rights, as between The Collective Studios and the App Store, The Collective Studios will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms;
Any claims that you or a third party may have relating to the Apps, or your possession or use of the Apps, including but not limited to product liability claims, any claims that the Apps fail to conform to any legal or regulatory requirement, and any claims arising under consumer protection or similar legislation shall be addressed to The Collective Studios, and The Collective Studios, not the App Store, shall be responsible for responding to such claims; provided, however, you acknowledge and agree that The Collective Studios’s responsibility for any of the foregoing claims is limited and disclaimed to the maximum extent permitted by applicable law, as further described in these Terms; and
The App Store and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license to the Apps, and upon acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
13. I acknowledge that neither The Collective Studios nor anyone else has made any representations or promises upon which I have relied that are not stated in this Agreement. This document contains the entire agreement between the parties and replaces any oral or other written agreement. If a court of law declares any part of this Agreement invalid, it will not invalidate the remaining parts, which continue to be unaffected. If The Collective Studios does not enforce any right in this Agreement for any reason, The Collective Studios does not waive its right to enforce it later.
**I have read and agree to the terms above **