Terms & Conditions
By signing up to participate in our classes, you agree to be bound by our Terms and Conditions set out below (Terms and Conditions).
If you do not agree with any of these Terms and Conditions, please do not participate in our classes.
We reserve the right to change, update, or reissue these Terms and Conditions at any time. Any such changes will be posted to our Website, and you agree to be bound by such changes.
References to “we,” “us,” and/or “our” in these Terms and Conditions refer to THE SCULPT ROOM LLC and its related entities, affiliates, and franchisees (as relevant).
1. Medical Warning
It is your responsibility to ensure you are medically fit to participate in our classes. You should consult with your healthcare provider before commencing any new exercise program.
By participating, you accept the risks associated with physical exercise and release The Sculpt Room from any claims related to injury, loss, or damage incurred during our classes.
2. Prices and Booking
All prices are listed in U.S. dollars and are subject to change without notice. Bookings must be made online via our website or app. Full payment is required at the time of booking to secure your spot.
3. Cancellation Policy
To cancel a booking, you must notify The Sculpt Room at least 12 hours prior to the class start time.
Cancellations made with less than 12 hours’ notice will incur a $25 late cancellation fee.
Late cancellations will also result in the forfeiture of the class credit.
Bookings can be canceled online by logging into your account and unreserving the class.
4. Class Waitlists
If you are added to a waitlist and a spot becomes available, you will be automatically enrolled in the class. It is your responsibility to monitor your waitlist status and cancel in accordance with the policy if you are unable to attend.
5. Class Packs
Class packs are non-refundable, non-transferable, and expire within the time frame specified at the time of purchase. No extensions will be granted unless otherwise stated.
6. Referral Credit
Referral credits must be redeemed within 30 days and cannot be exchanged for cash.
7. Gift Vouchers
Gift vouchers are valid for the duration specified at the time of purchase. They are non-refundable and cannot be exchanged for cash.
8. Class Schedules
Class schedules are subject to change without notice. Instructors may also change without prior notice.
9. Conditions of Entry
Entry to classes is permitted only if you arrive on time. For safety and class flow reasons, doors are locked promptly at the start of class, and late arrivals are not permitted.
Clients are discouraged from leaving before the class concludes to avoid disrupting others.
The Sculpt Room reserves the right to refuse entry or remove individuals behaving in a manner that disrupts the safety or enjoyment of others.
10. Personal Safety and Acceptance of Risk
Participation is at your own risk. While we maintain a safe environment, we are not liable for any injuries or accidents incurred during classes.
11. Security
The Sculpt Room is not responsible for any loss or damage to personal belongings. Please ensure your valuables are secured.
13. Misuse of Class Packs or Memberships
We reserve the right to suspend or terminate your use of any class packs or memberships if we suspect misuse or fraud. We also reserve the right to charge you for any losses resulting from the abuse of class packs or memberships.Examples include unauthorized transfers, fraudulent activity, or violation of terms.
14. Special Promotions
Promotional offers are subject to additional terms, which will be specified at the time of the promotion.
15. Payment
Payment methods accepted include credit cards and other electronic payment systems. All payments are processed securely.
16. Your Personal Information
Your personal information is handled in accordance with our privacy policy. Please review our Privacy Policy at https://thesculptroom.com/privacy-policy-1 for more information on how we handle your data.
17. Limitation of Liability
The Sculpt Room is not liable for any damages beyond the value of services purchased.
18. Jurisdiction
These Terms and Conditions are governed by the laws of California, USA.
19. Coronavirus (COVID-19)
You agree to comply with all COVID-19 protocols, including mask requirements and social distancing, as mandated by state and local authorities.
Liability Waiver
WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in PILATES (hereinafter the "Activity"); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge THE SCULPT ROOM LLC, including but not limited to its current locations at 909 Grand Ave, Suite 3, San Diego, California 92109 and 161 S Highway 101, Solana Beach, California 92075, as well as any future locations operated under the same ownership or management, together with their affiliates, instructors, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively, "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize The Sculpt Room to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of The Sculpt Room official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE SCULPT ROOM LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST The Sculpt Room FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of The Sculpt Room, its agents, and employees.
I agree that this waiver shall be governed for all purposes by California law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
This waiver was entered into at arm's-length, without duress or coercion, and is to
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and
ARBITRATION CLAUSE:
Any dispute, claim, or controversy arising out of or relating to this Waiver and Release of Liability, or the breach, termination, or validity thereof, shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA) in effect at the time of the dispute. The arbitration shall be conducted in San Diego, California. The decision and award of the arbitrator shall be final and binding, and judgment may be entered upon it in any court having jurisdiction thereof. The prevailing party in any arbitration proceeding shall be entitled to recover its reasonable attorney’s fees and costs from the other party.
THIS AGREEMENT
be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, and The Sculpt Room agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. If enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.
The Sculpt Room Membership Agreement
The following Membership Agreement (the “Agreement”) sets out the terms and conditions of your membership with The Sculpt Room. We want to ensure that we are aligned and clear on both our expectations as we welcome you into our community. Should you have any questions, please do not hesitate to ask.
Parties.
This Agreement is made between THE SCULPT ROOM LLC, a Limited Liability Company operating out of the State of California (“The Sculpt Room”, “we”, “our”, and “us”) and you, the undersigned (“you” and “your”).
Services.
We promise to provide you with access to our classes at The Sculpt Room (the “Membership”) as outlined below.
Term + Termination.
This Agreement will be binding upon your Membership payment and will last for the time specified online or between us ([membership_name]). You may renew the Term of this Agreement upon the expiration of the initial period. Please note, if you violate any terms of this Agreement, The Sculpt Room may terminate it immediately without a refund.
Membership Duration and Auto-Renewal.
Your [membership_name] will begin immediately upon payment and continues automatically beyond the initial 3-month introductory period. After the initial term, your membership will auto-renew unless canceled. Should you wish to cancel after the first 3-month period, you must notify The Sculpt Room at least 7 days prior to the next billing cycle. Failure to do so will result in the continuation of payments for the following billing cycle.
One-Week Trial Membership Terms.
The one-week trial membership allows access to classes for a period of seven (7) consecutive days. Please note the following conditions:
Bringing a Friend: If you bring a friend to any class during your one-week trial, you will be charged the $35 (Solana Beach- $40) drop-in price for their attendance, which will be charged to your payment method on file.
Cancellation Policy: We have a 12-hour cancellation policy for the one-week trial membership. If you do not cancel a class session within 12 hours of the scheduled time, you will be charged $25 for that session. Bookings can be canceled online by logging into your account and unreserving the class.
No Auto-Renewal: The one-week trial membership will not auto-renew after the seven (7) days have passed. If you wish to continue your membership after the trial period, you must sign up for a full membership.
One Trial Per Person: Only one (1) trial membership is allowed per person. If we find that duplicate email addresses are being used to obtain multiple trial memberships, we reserve the right to charge the excess membership fees.
No-shows: No-shows will result in a $25 no-show fee. Bookings can be canceled online by logging into your account and unreserving the class.
Scheduling and Class Availability.
Please refer to The Sculpt Room’s available class schedule for exact times and locations. We strive to offer a variety of class options and maintain flexible schedules.
Solana Beach Presale
All Solana Beach Presales will be processed August 12th, with a class start date of August 18th. If we do not start classes on the 18th, all memberships will be frozen until the start date so there are no loss of eligible days, credits, or fees.
+1 Guest Policy.
Bring a +1 Privilege:
All members—except those on the one-week trial or the Unlimited Mat Membership—may bring one guest per class at no additional cost.Class Packs, Drop-Ins, and Limited Monthly Memberships:
If you are using a class pack, paying for drop-ins, or on a limited monthly membership, your guest’s visit will be deducted from your available class credits or included in your drop-in fee if you choose to add a +1.No-Show Guests:
If your +1 does not attend class, their reserved spot will still count, and the applicable cancellation fee will be charged: $12 for members and $25 for non-members. We recommend unbooking the class if you're outside of the cancellation policy window and rebooking for yourself only so you are not charged the no-show fee for your guest.Unlimited Mat Members:
The Unlimited Mat Membership does not include complimentary guest passes. Any guest attending with an Unlimited Mat member will be charged the standard $35 drop-in rate.5. 5 Class/Month Membership gets 1 guest pass per month, 10 Class/Month Membership gets 2 guest passes per month, Unlimited Monthly Membership gets 4 guest passes per month.
Payment.
You agree to pay the Membership fee [price]. Payment is due immediately upon the purchase of the Membership and must be made in full prior to the start of the Membership. Payments will automatically renew every 4 weeks as per the Membership’s auto-renewal terms.
Recurring Payments.
If your [membership_name] includes recurring payments, you authorize The Sculpt Room to charge your account automatically upon the renewal of your [membership_name] with no further action required from you. Payments will be made every [billing_frequency].
Membership Pause.
Members are eligible for one free Membership pause per year for two weeks. Please contact us for further information regarding Membership suspension terms and conditions.
Cancellations.
All members, except those on the one-week trial membership, are able to cancel their class reservations up to 8 hours before class without being charged $12 for the session. Cancellations made after this window will result in the session being deducted from the Member’s Membership and a $12 fee. One-week trial must cancel before the 12-hour window, or will be charged $25.
Refunds.
There will be no refunds for payments once the Membership is processed. All sales are final.
No Late Start Policy We have a strict no-late start policy. Classes begin promptly at their scheduled time for safety and class flow reasons. To ensure the best experience for all participants, we lock the doors at the start of class. If you arrive after class has started, you will not be permitted entry. Please plan to arrive early to avoid missing any part of your workout, and avoid being charged a no-show fee.
Liability and Waiver.
Before starting your Membership, you must sign a Waiver of Liability and agree to all terms outlined in this Agreement. You acknowledge that participating in fitness classes carries inherent risks, and you agree to hold The Sculpt Room harmless from any claims.
Technology and Force Majeure.
In case of studio closure due to circumstances such as COVID-19, natural disasters, or other events beyond our control, the Membership continues with access to online content. The Sculpt Room is not liable for any disruptions in service caused by technology malfunctions, and no refunds will be issued.
Code of Conduct.
Members are expected to be respectful to staff and other members during class and at all times within The Sculpt Room community.
Payment Failure.
If your payment is declined or fails, your Membership access will be suspended until the outstanding balance is resolved. After three failed payments, The Sculpt Room reserves the right to engage a collection agency to recover the unpaid amount.
No Guarantees.
While The Sculpt Room provides the tools, classes, and support to help you achieve your fitness goals, success cannot be guaranteed. Results will vary depending on the individual.
Ownership of Materials.
All intellectual property and materials provided in connection with your [membership_name] (including but not limited to Reformers, mats, pre-recorded videos, and other content) remain the property of The Sculpt Room. You may not reproduce or distribute these materials without express permission.
General Indemnity.
You agree to indemnify and hold harmless The Sculpt Room and its agents, employees, contractors, and affiliates from any claims, damages, or expenses arising out of your use of The Sculpt Room’s services or facilities.
Jurisdiction and Governing Law.
This Agreement shall be governed by the laws of the State of California, and any legal actions will be brought in the appropriate courts located in San Diego County.
Signatures.
By electronically signing this Agreement, you agree to all terms and conditions outlined above. You also confirm that you understand and acknowledge the Waiver of Liability. This Agreement can be executed electronically or in counterpart.
Governing Law and Jurisdiction.
This Agreement will be governed exclusively by the laws of the State of California, without regard to its conflict of law principles. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the state or federal courts located in San Diego County, California. You consent to the exclusive jurisdiction and venue of such courts.
Severability.
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement.
This Agreement constitutes the entire understanding between the parties with respect to its subject matter and supersedes all prior agreements, whether written or oral.
Waiver of Breach.
The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that provision or of any other provision.
Force Majeure.
Neither party shall be liable for any failure or delay in performance under this Agreement due to events or circumstances beyond their reasonable control, including but not limited to acts of God, pandemics, or natural disasters.
SMS Terms & Conditions
Please read these SMS Terms & Conditions (the “SMS Terms”) carefully. These SMS Terms apply to marketing and non-marketing text messages - also known as short message service (“SMS”) – sent to you by or from [THE SCULPT ROOM LLC] d/b/a [The Sculpt Room] (“Company”).
CONSENT
By opting-in to one or more text messaging programs, you expressly consent to receive marketing or non-marketing text messages, as applicable, from Company and others texting on its behalf, including text messages made with an automatic telephone dialing system (“autodialer”) at the telephone number(s) that you provide. You may opt-out of these communications at any time. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. Message frequency may vary, but you can expect to receive messages weekly.
PROGRAM DESCRIPTION
Company, through third party platform service providers, may use an autodialer to deliver text messages to you. Company text messages are intended to provide you with marketing and promotional information regarding Company products and services and other information about Company that may be of interest to you (such as contests, give-aways, and limited time offers). Non-marketing text messages may include appointment reminders, billing reminders, and other informational communications related to your use of Company products or services.
COST
Message and data rates may apply to each text message sent or received in connection with Company’s text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Company does not impose a separate fee for sending text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.
HELP & STOP
Text HELP to Company for information about the SMS program. Text STOP to discontinue your receipt of text messages from Company. Please note that after texting STOP, you may receive additional communications confirming that your request has been received and processed, and you may continue receiving text messages for a short period of time while Company processes your request. Also, if you opt out from one of Company’s text message programs, you will remain enrolled in other text message programs (as applicable) unless you specifically opt-out from those programs as well. Any other questions can be directed to Company’s customer support line.
YOUR MOBILE PHONE NUMBER
You represent that you are the account holder for the mobile telephone number(s) you provide and that you are at least 18 years old. If your phone number changes, you must notify Company immediately. You agree to defend, indemnify and hold Company, its affiliates, subsidiaries, joint venture, third party service providers, and each of its/their respective employees, contractors, agents, officers and directors, harmless for all claims, expenses (including reasonable attorneys’ fees) and damages related to or caused in whole or in part by your failure to notify Company immediately of a change in your telephone number(s).
DISCLAIMER OF WARRANTIES
The Company’s SMS program, inclusive of all information conveyed, is provided to you on an “AS IS” and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. To the fullest extent permitted under applicable law, Company and Company’s third party service providers disclaim all warranties, whether express or implied, including without limitation, all warranties of title, merchantability, non-infringement and fitness for a particular purpose, and all warranties regarding security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability. Company and Company’s third party service providers are not responsible for cellular networks or equipment performance and you release Company and such third party service providers of any liability for claims based on hardware, software, electronic, network or other communication malfunctions such as incomplete messages, delayed transmissions or any technical difficulty that may limit your ability to send or receive a message.
DISPUTE RESOLUTION
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMPANY AGREE TO SUBMIT EXCLUSIVELY ANY CLAIM, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO THESE SMS TERMS, OR ANY OTHER POLICIES OR OTHER TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A “DISPUTE”) FOR RESOLUTION BY CONFIDENTIAL, INDIVIDUAL, BINDING ARBITRATION, EXCEPT THAT YOU OR COMPANY MAY ASSERT CLAIMS IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS IF THE CLAIMS QUALIFY.
THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION USING ITS CONSUMER ARBITRATION RULES. NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE COURTS LOCATED IN [JURISDICTION] IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION.
TO HELP RESOLVE ANY ISSUES BETWEEN YOU AND COMPANY PROMPTLY AND DIRECTLY, YOU AND COMPANY AGREE TO BEGIN ANY ARBITRATION WITHIN ONE YEAR AFTER A DISPUTE ARISES; OTHERWISE, ANY CLAIM ASSOCIATED WITH THE DISPUTE IS WAIVED.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMPANY EXPRESSLY WAIVE ANY RIGHT TO ARBITRATE A DISPUTE AS A CLASS ACTION; AND YOU AND COMPANY ALSO EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED; HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THE PROVISIONS OF THESE SMS TERMS AS A COURT WOULD. THE ARBITRATOR’S DECISION WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
THE PARTIES AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THESE SMS TERMS TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THESE SMS TERMS TO ARBITRATE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY, LACHES OR ESTOPPEL. THE ARBITRATION WILL BE HELD IN [JURISDICTION]. IF YOU INFORM COMPANY THAT THIS LOCATION IS NOT CONVENIENT FOR YOU, COMPANY WILL WORK WITH YOU TO DETERMINE A MUTUALLY CONVENIENT LOCATION OR ARRANGE FOR REMOTE RESOLUTION. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.
DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. IN THE EVENT THAT ARBITRATION IS NOT PERMITTED BY APPLICABLE LAW, THE PARTIES EXPRESSLY AGREE THAT ANY DISPUTE WILL BE BROUGHT AND HEARD SOLELY AND EXCLUSIVELY IN THE FEDERAL, STATE, OR PROVINCIAL COURTS OF COMPETENT JURISDICTION LOCATED IN [JURISDICTION]. THE PARTIES WAIVE ANY PLEA OR DEFENSE THAT SUCH COURTS ARE NOT THE APPROPRIATE VENUE OR THAT THEY ARE NOT SUBJECT TO PERSONAL JURISDICTION OF SUCH COURTS.
IF YOU INITIATE THE ARBITRATION, YOUR ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH IN THE AAA CONSUMER RULES. THE ARBITRATOR’S COMPENSATION WILL BE SPLIT EQUALLY BETWEEN THE PARTIES, UNLESS COMPANY VOLUNTARILY AGREES TO PAY YOUR COSTS.
IN THE EVENT THAT ANY PROVISION OF THIS DISPUTE RESOLUTION SECTION IS HELD INVALID OR UNENFORCEABLE, ALL OTHER TERMS WITHIN THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT.
If you are unsure about what this Dispute Resolution section means, including your obligation to arbitrate on an individual basis, please speak to an attorney.
GOVERNING LAW
These SMS Terms are governed by the laws of [California] without regard to its conflict of law principles.
CHANGES TO SMS TERMS
Company reserves the right to update these SMS Terms at any time without prior notice to you. By continuing to be enrolled in any text messaging program, or by providing your cell phone number for transactional or informational text messages, you will be deemed to consent to any changes.
SEVERABILITY
If any of these SMS Terms are to any extent illegal, otherwise invalid, or incapable of being enforced, such term or terms shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.