TERMS AND CONDITIONS
Last Updated and effective as of: October 16th, 2022.
Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights, remedies, and obligations and in using this website you are deemed to have read and agreed to the following Terms and Conditions, including the Waiver and Release:
The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice and any or all Agreements: “Client”, “Member”,“You”, and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “Our” “we” and “Us” refers to INSTAPHYSIQUE. “Party”, “Parties,” or “Us” refers to both the client and ourselves, either the client or ourselves as determined by the context of the sentence. All terms refer to the offer, acceptance or consideration of payment necessary to undertake the process of our assistance to the client in the most appropriate manner, for the express purpose of meeting the client’s needs in respect to the Company’s stated services and products, in accordance with and subject to prevailing California law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same. Our website, https://instaphysique.com, provides users with basic information about us, as well as the ability to book, cancel, and pay for services and products offered at our facilities. The extent of services offered by us are limited to those described on our website, which is hosted in the United States. We reserve the right to add, change, remove or modify the services provided by us as well as the policies under which we operate without notice or obligation.
PRIVACY STATEMENT
INSTAPHYSIQUE understands the importance of privacy, and we want you to be as comfortable as possible using our website and services. We are committed to protecting the privacy of our customers and clients. Our privacy policy outlines the type of information that we receive and collect when you use the features on our website as well as some of the steps that we take to safeguard this information. This Privacy Policy explains how INSTAPHYSIQUE collects, uses, discloses, and secures Personal Information about you through http://instaphysique.com, along with our related websites, networks, applications, mobile applications, our electronic communications, including email and text messages, and other services provided by us (collectively, the “Service”). By using the Service, you consent to the processing of your Personal Information as set forth in this Privacy Policy, now and as amended by us. Please read this privacy policy before using our website or submitting your personal information. By using this site you are accepting the practices described in this privacy policy.
COLLECTION OF INFORMATION
We collect personally identifiable information, such as names, postal addresses, email addresses, credit card information and dates of birth when customers create personal account profiles, which are necessary to book and participate in our classes. We use email addresses to maintain contact with you regarding your class schedules, account status, to acknowledge activities or milestones relevant to you, and for general communication. We also use email addresses to send updates, newsletters or news regarding INSTAPHYSIQUE. Users may elect not to receive these emails by following opt-out instructions. INSTAPHYSIQUE reserves the right to send you important notices about your account even if you opt out of all voluntary email notifications. We do not, and will not, share with or sell your confidential information to third parties at any time. As email addresses are used to identify Customers, we do require that an email address be provided at sign-up.
We also receive information about your interactions with our Service, such as which website pages you visited and how much time was spent on the page.
We may collect this information using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device. Cookies enable us to personalize your experience on the Service, maintain a persistent session, passively collect demographic information, and monitor advertisements and other activities. Our Service may use different kinds of cookies and other types of local storage (such as browser-based or plugin-based local storage).
It is important for you to protect against unauthorized access to your account, password and to your computer, tablet or phone (collectively, “Devices.”) If you use our website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices, and you agree to accept sole responsibility for all activities that occur under your account or password, including the purchase of goods and/or services. Our system does not enforce restrictions on passwords or require the changing of passwords at regular intervals. Therefore, we highly recommend that you create and use passwords that are not easily guessed or intuited. Using combinations of letters, numbers and symbols and avoiding the use of proper names, birthdays and the like can help protect your account’s safety. Credit card transactions made on our website or in person at our facility are transmitted to our merchant gateway, via a secure Internet link. We do not store any credit card or personal information locally, and we only see the last four digits of your credit card. Our business platform and website is operated and managed by a third party with specific expertise in the management of boutique fitness venues. This service provider, along with any of its hosting providers, utilize industry-standard products, procedures and tools to safeguard personal information as well as the integrity of their systems. We have no direct or indirect control over the systems, policies, tools or personnel utilized by our service providers. Only authorized employees, representatives agents, and contractors who have agreed to keep information secure and confidential have access to personally identifiable information. None of these parties is allowed to use confidential information for any purpose other than for serving customers or assisting us in monitoring the performance of our business. All emails and newsletters from this site allow you to opt out of future marketing mailings. We reserve the right to refuse account creation, terminate accounts, remove or edit content or cancel orders in our sole discretion. When you visit our website, communicate via our website chat feature, or send emails to us, you are communicating with us electronically, and, therefore consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
DATA ACCESS, CORRECTION, & DELETION
If you have an account with INSTAPHYSIQUE then you may access and update your Personal Information at any time by logging into your account on our Service. You may also at any time, request access to Personal Information that INSTAPHYSIQUE holds about you by making a request at info@instaphysique.com. You may log into your account at any time and delete your data and information. You may also request that we delete your information at any time.
We will delete data if the data is no longer needed for a legitimate business purpose, we stop operating the product or service, we request the deletion, or the data was received in error.
If you do not want the Service to collect information through the use of cookies, your browser may allow you to be notified when you receive certain types of cookies and restrict or disable certain cookies. Each browser is different, so you should check your browser’s “Help” menu to learn how to change your cookie preferences. Please be aware that if you disable or reject cookies, some features may not work properly.
You can opt-out of receiving further promotional emails and text messages from us by following the unsubscribe instructions provided in the promotional email or text you receive or by contacting us directly at the email address listed below.
You can opt-out of receiving further text messages from us by replying to any text your receive from us with “STOP”. However, we may still send you updates that are important to the Service in accordance with applicable laws.
PURCHASES OF CLASSES, MEMBERSHIPS, SEREVICES AND MERCHANDISE
In order to make a class or service reservation, you must first have a class credit or have a series or monthly membership. To buy class credits or a recurring monthly series, you can go to our web site and log into your account (if you do not have an account, you will need to create one). Please note that our class and series prices are subject to change without notice. You can reserve classes up to two weeks in advance for most classes or services. Your credit/debit card will be charged for your order when you submit your purchase. As soon as your charge is approved, your class credits or unlimited monthly series will be available in your account. If you fail to pay any charges when due, INSTAPHYSIQUE reserves the right to suspend or terminate your privileges. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that INSTAPHYSIQUE may incur in its efforts to collect any past due or unpaid balances from you. Class and service credits purchased are not refundable. Recurring unlimited monthly series are charged every month on the day of your series activation for the duration of the series and will not be eligible for a refund once the transaction is completed. All recurring series will renew every month on the activation date per the length of your contract (3 or 12 months total). Recurring Memberships automatically renew month-to-month after the completion of the initial length of commitment. If you do not wish to renew, please email info@instaphysique.com at least 7 days before your Membership is set to renew. In the event of cancellation before the initial commitment has been met, you will pay the difference between the full-priced package and the discounted contract package for the number of completed payments made under the contract at time of early cancellation, plus a $250 early cancellation fee. Our website notes current class and package options available for our classes and services. Additional options are available upon request. Pricing is subject to change without notice, and prices listed on the website shall be applicable once posted. Classes and packages must be used within the specific time periods noted at the time of purchase. Our email system is programmed to send you reminder emails in advance of a package’s expiration, but we are not responsible for any failure of reminder emails to reach you due to system malfunction, transmission errors, SPAM filters, etc. Packages may be transferrable or shareable. If you are bringing a guest, your guest must create an account with us and accept these Terms and Conditions. Your account will be debited for the number of guests in attendance as well as your own class.
We sell various items of clothing and accessories at our location. We accept returns of merchandise within 14 days of purchase for store credit or exchange. We do not offer refunds. Items returned must be unworn or unused and complete with original tags and/or packaging. Allowances will be made for defective or damaged goods if brought to our attention with 14 days of purchase. Items purchased on sale or mark-down are not returnable.
CANCELLATION POLICY
Due to the limited number of spaces available in each session, all group classes require a 12-hour cancellation notice and all private sessions require a 24-hour cancellation notice. There are no exceptions to our cancellation policy. By accepting these Terms and Conditions, you acknowledge that you have read and understand Our Cancellation Policy. In order to cancel a class, you must do so 12 hours before your class. Once you cancel, the credit required for the class is returned to your account; there are no refunds for unused or canceled classes. Please cancel through your account online, and not by calling. InstaPhysique has two types of cancellation charges, “Late Cancel” and “No Show”. A Late Cancel charge of $15 will occur if you cancel within 12 hours of a class start time. A No Show charge of $20 occurs when you are signed up for a class and do not attend. If you are on a class package, you will lose your class. If you want to cancel a class after you have booked it, you must do so more than 12 hours in advance of the class start time. These same rules apply to switching class times. You can cancel a class reservation by simply logging into your account and selecting the “Cancel” option next to your upcoming classes. If you cancel more than 12 hours in advance, your class credit will be returned to your account. If you fail to cancel more than 12 hours in advance, the credit will not be returned to your account. If you have an unlimited monthly series it is your responsibility to cancel your class more than 12 hours in advance. If you reserve a class using an unlimited monthly series and do not cancel more than 12 hours in advance, you will be charged a late cancellation fee of $15; “No-Shows” are charged a fee of $20.
DAMAGE TO PROPERTY
If a Client/Member willfully or neglectfully does damage to any of INSTAPHYSIQUE’S property, the cost of repairing or replacing such damaged property shall be paid for by the Client/Member.
PARTICIPATION REQUIREMENTS
You must be at least 18 years of age to book a class or recovery service at our facility. For persons under the age of 18, you must receive written permission from a parent or guardian, as acknowledged in our Waiver and Release for persons under the age of 18, provided below.
WAIVER AND RELEASE
By signing up for and/or attending INSTAPHYSIQUE (“InstaPhysique,” “We,” “Us” or “Our”) classes, activities or other programs and using our premises, facilities, streaming videos, and equipment (collectively Classes and Facilities) you hereby agree that there are certain inherent risks and dangers in the practice of exercise classes, group fitness, massage, sauna and exercise in general as well as the equipment used in association with the Classes and Facilities. In consideration for being allowed to participate in and access the Classes and Facilities provided by us, both digitally and in-person, in addition to the payment of any fee or charge, you hereby (1) agree to assume full responsibility for any and all injuries or damage that are sustained or aggravated by you in relation to the Classes and Facilities, (2) waive, release and forever discharge INSTAPHYSIQUE, its officers, agents, contractors, employees, representatives and all others, including successors, from any and all responsibility, claims, rights, causes of action, and/or liability from injuries or damages to your person or property resulting from participation in and use of the Classes and Facilities, and (3) represent that you have no medical or physical condition which would prevent you from attending and or using any of INSTAPHYSIQUE’S Classes or Facilities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so.
Further, you agree that you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions provided by staff as conditions for participation in any Class, party, special event and/or all other programs at INSTAPHYSIQUE.
We hereby advise you that individuals with any chronic disabilities or conditions are at risk in participating in or using INSTAPHYSIQUE’S Classes and Facilities, and we advise you against doing so. In addition, if, in the opinion of INSTAPHYSIQUE’S staff, you would be at physical risk participating in or using our Classes or Facilities, you will be denied access to INSTAPHYSIQUE and its Classes and Facilities until you furnish us with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing INSTAPHYSIQUE’S concerns and stating that our concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to participate in or use the Classes and Facilities of INSTAPHYSIQUE. We reserve the right to refuse service at our discretion.
You are aware that there are inherent risks associated with physical activities. Some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You yourself and your respective heirs, assigns, administrators, personal representatives and next of kin hereby release and hold harmless INSTAPHYSIQUE and its affiliates, directors, officers, contractors, agents, and employees (collectively, “INSTAPHYSIQUE,”) other participants and sponsoring agencies from and against any and all claims, injuries, liabilities or damages arising out of or related to the participation in or use of any or all of the Classes and Facilities. Specifically you agree to release INSTAPHYSIQUE from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or related to the participation in or use of any and all of the Classes and Facilities. You have read this Waiver and Release and assumption of risk and indemnity agreement fully and understand its terms and understand that you are giving up substantial rights, including your right to sue. You acknowledge that you are signing this Waiver and Release freely and voluntarily and intend by your acceptance of these terms to be a free and unconditional release of all liability to the greatest extent allowed by the law. The term of this Waiver and Release is indefinite.
ADDITIONAL WAIVER AND RELEASE FOR PERSONS UNDER THE AGE OF 18
Before persons under the age of 18 may participate in or utilize INSTAPHYSIQUE’S Classes and Facilities, such person(s) are required to obtain from a parent or legal guardian consent to the following Waiver and Release. Consent shall be in the form of written communication signed by the parent or legal guardian. INSTAPHYSIQUE is under no obligation to verify the identity and relationship to the minor of the parent or legal guardian.
In consideration of being allowed to enter into the area and or participate in any class, event, party or other program at INSTAPHYSIQUE, the undersigned, on behalf of the participant identified as a minor, acknowledges, appreciates and agrees to the following conditions:
You represent that you are the parent or legal guardian of the minor participant. You agree that the minor participant for whom you are responsible shall comply with all stated and customary terms, rules, and verbal instructions provided by the INSTAPHYSIQUE staff as conditions for participation in any class, special event, party and/or other program at INSTAPHYSIQUE. You are aware that there are inherent risks associated with physical activities. Some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You yourself and for the minor participant for who you are responsible, and your respective heirs, assigns, administrators, personal representatives and next of kin hereby release and hold harmless INSTAPHYSIQUE and its affiliates, directors, officers, contractors, agents, and employees (collectively, “INSTAPHYSIQUE,”) other participants and sponsoring agencies from and against any and all claims, injuries, liabilities or damages arising out of or related to the participation in or use of any or all of the Classes and Facilities. Specifically you agree to release INSTAPHYSIQUE from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or related to the participation in or use of any and all of the Classes and Facilities. You have read this Waiver and Release and assumption of risk and indemnity agreement fully and understand its terms and understand that you are giving up substantial rights, including your right to sue. You acknowledge that you are signing this Waiver and Release freely and voluntarily and intend by your acceptance of these terms to be a free and unconditional release of all liability to the greatest extent allowed by the law. The term of this Waiver and Release is indefinite, unless withdrawn by the parent or legal guardian of the minor.
CONTACT US
If you have any questions or comments about this Privacy Policy, our privacy practices or if you would like to exercise your rights and choices, please contact us at info@instaphysique.com or by writing to us at: 2310 Fair Oaks Blvd., Sacramento, CA 95825.
PRIVACY POLICY UPDATES
We may update this Privacy Policy from time to time. If we make any changes, we will notify you by revising the “Effective Date” at the top of this Privacy Policy. If we make any revisions that materially change the ways in which we use or share Personal Information previously collected from you through the Service, we will give you the opportunity to consent to such changes before applying them to that information.