1. Application for Membership. The Services are available to chocoZAP members only. Anyone intend to apply for chocoZAP membership must provide information requested by the Company and agree to strictly comply with these Terms. The scope and availability of the Services may vary at different chocoZAP locations. The Company provides no guaranty that certain Services will be available at certain location or for a certain time period. The Company reserves the right to change, modify, upgrade, or reduce the Services or the Charges (defined hereinafter) at any time, with or without notice. The hours and the locations of where the Services are provided can be found at https://www.chocozap.us/home. Individuals must be at least 18 years old to be a member.
3. Use Restrictions. You shall not and shall not attempt to, directly or indirectly: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party; (ii) use the Services to process data on behalf of any third party; (iii) modify, adapt, or hack the Services or otherwise attempt to gain unauthorized access to the Services or related systems or networks; (iv) falsely imply any sponsorship or association with the Company; (v) use the Services in any unlawful manner, including, but not limited to, violation of any person’s privacy rights; (vi) use the Services to send unsolicited or unauthorized bulk mail, junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (vii) use the Services to store, display or transmit files, materials, data, text, images, music, audio, video, or other content that infringes on any person’s intellectual property rights; (viii) use the Services in any manner that interferes with or disrupts the integrity, security, availability, stability or performance of the Services and its components; (ix) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Services; (x) use the Services to knowingly post any content that is unlawful, racist, hateful, abusive, bullying, harassing, libelous, defamatory, obscene, offensive, harmful, shocking, threatening, violent, or discriminatory; (xi) use the Services to store or transmit any “protected health information” as that term is defined in 45 C.F.R. 160.103, unless expressly agreed to otherwise in writing by the Company; (xii) use the Services to knowingly post any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; (xiii) use or launch any automated system that accesses a Service (i.e., bot) in a manner that sends more request messages to a Service server in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; or (xiv) attempt to use, or use the Services in violation of these Terms.
4. Term. Your authorized use of Services shall commence on your signing of these Terms and payment in full to the Company, and continues until it is terminated by either the Company or you. The period during which you have authorized use to the Services is referred to as the “Term.” Unless terminated earlier, the Term will automatically renew for a period equivalent in length to the then expiring Term. For greater clarity, if you sign up for a monthly subscription with chocoZAP, the Term will automatically renew monthly. If you sign up for a yearly subscription, the Term will renew annually.
5. Payment and Billing. In order to use the Services, you must pay the one-time sign-up fee of $35.99 to apply for a chocoZAP membership, and any applicable fees for your plan (collectively “Charges”). You hereby authorize the Company to charge the specified payment method. Your failure to terminate and/or continued use of the Services affirms that the Company is authorized to continue charging the specified payment method when a payment is due. If you fail to pay any Charges within five (5) business days of the Company’s notice to you that payment is delinquent, or if you do not update the specified payment method upon the Company’s request, in addition to other remedies available at law or in equity, the Company may suspend or terminate your access to or use of such Services. If you fail to make timely payment for the Charges, the Company shall be entitled to charge you a late fee of 14.6% per annum.
a) Monthly Plan. The monthly plan allows chocoZAP members to use the Services at any time during a calendar month. The monthly fee is $21.99 and due and payable monthly, on the 1st day of each month. The sign-up fee, together with the monthly fees for the first month and the second month, are due on the day you apply for your membership and the monthly plan.
The monthly fee due for the first month shall be calculated by multiplying the number of days from the date on which your membership starts to the last day of that month (both days inclusive) by [$21.99 ÷ the total number of days in that month]. In the event of cancellation, the last monthly fee shall be calculated by multiplying the number of days from the first day of the last month to the date on which your membership ends (both days inclusive) by [$21.99 ÷ the total number of days in that month].
b) Pay-Per-Entry Plan (Single Entry Tickets). The Pay-Per-Entry Plan allows chocoZAP members to purchase single entry tickets to use the Services once per ticket. The single entry ticket fee is $6.99. Single entry tickets are valid for one month from the date of purchase. In the event of withdrawal from the membership, single entry tickets will also cease to be valid.
6. Taxes. Unless otherwise stated, the Company’s charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes, except those assessable against the Company’s income.
7. Cancellation. Either party may elect to terminate the Services by providing written notice (including email - for your notice of cancellation to the Company, please email to firstname.lastname@example.org). Such notice shall be provided at least 30 days before cancellation to become effective. In the event (i) of your death or disability, or (ii) you move more than 25 miles away from your current chocoZAP location, and chocoZAP is unable to transfer your membership to a comparable location, you or your heirs may terminate the Services immediately and refund any prepaid fees for unused Service.
8. No Refunds. If you elect to cancel the Services, no refunds or credits for Charges or other payments already made will be provided to you for the month in which your notice of cancellation was received by the Company.
9. Recess. You may not take a recess period (i.e., a period of interruption or discontinuation) of your chocoZAP membership.
10. Suspension or Termination by the Company. The Company reserves the right to modify, suspend or terminate the Services (or any part thereof). The Company shall not be liable to you or any other third party for any such modification, suspension or discontinuation of your rights to access and use the Services. Any suspected fraudulent, abusive, or illegal activity by you may be referred to law enforcement authorities at the Company’s sole discretion.
11. Proper Attire, Conduct & Facility Expectations. The Company requires you to wear athletic attire appropriate for the space in all areas of and at all times when using the facility. The standards include shirts, shorts, sweatpants, and athletic shoes on the fitness floor and in the group exercise studios. Patient care scrubs are not allowed to be worn for infection control purposes. Open‑toed shoes or sandals are not permitted on the fitness floor. Bare feet are not allowed at chocoZAP. The Company reserves the right to determine what is appropriate attire. Members are expected to conduct themselves in accordance with the highest standards of decency and respect. The Company reserves the right to revoke membership privileges based on improper conduct or behavior that might interfere with other members’ use and enjoyment of the facility, or behavior otherwise contrary to its orderly operation. You must comply with the Company’s dress code and rules during your use of the Services, including without limitation: (i) you must, at all times, wear proper footwear that allows for safe use of the Services; (ii) you shall not ware spike shoes or other footwear which may damage the Company’s equipment or floor; and (iii) no personal training equipment is permitted at chocoZAP.
12. Personal Belongings. You will be solely responsible for the security of your personal items at chocoZAP. For the safety of others, personal belongings (including but not limited to cash, credit cards and jewelry) should not be left unattended at any time. The Company is not responsible for lost or stolen items.
13. Intellectual Property Rights. You acknowledge that the Services is provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights to the Services other than to use the Services in accordance with Terms. The Company shall retain its entire right, title, and interest in and to the Services and all intellectual property rights relating to the Services. If you send or transmit any communications or materials to the Company by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), the Company will be free to use such Feedback without any limitation, attribution, compensation or obligation to any party. You hereby assign to the Company, all right, title, and interest in any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although the Company is not required to use any Feedback.
14. Collection and Use of Information. The Company may, directly or indirectly monitor, collect and store statistical, transactional and usage information and data regarding use of the Services or through which the Services otherwise is accessed and used (including your access and use of the Services) (collectively, “Services Data”). All right, title, and interest in Services Data, and all intellectual property rights therein, belongs to and are retained solely by the Company. You agree that the Company may use such information and data for any purpose, including but not limited to: (i) improving the performance and developing updates to the Services; (ii) verifying compliance with these Terms; (iii) enforcing the Company’s rights, including all intellectual property rights in and to the Services; and (iv) other business purpose of the Company.
15. Video Surveillance. For security reasons, chocoZAP uses video surveillance equipment to monitor its premises. By accepting these Terms, you acknowledge that you will be subject to video surveillance and recording.
16. Assumption of Risks. THE SERVICE ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE COMPANY HAS NO OBLIGATION TO MONITOR, CONTROL, OR VET USER CONTENT OR DATA. YOU ASSUMES ALL RISK AND LIABILITY FOR THE USE OF THE SERVICES, INCLUDING THE RESULTS OBTAINED THEREFROM, WHETHER IN TERMS OF GENERAL EFFECTIVENESS, SUCCESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY THE COMPANY, BY WAY OF ADVICE OR OTHERWISE, RELATED TO THE USE OF THE SERVICES. THE company EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
17. Prohibited Use. The Company reserves the right to terminate any individual’s access to its facility or the Services at its sole discretion. The following is a non-exhaustive list of prohibited uses: (i) Use of drugs or alcohols, or consumption of other components which may lead to unfitness of individual’s physical or mental status for your use of the Services; (ii) Any person who has been determined to belong to, or to have a relationship with, a crime syndicate or antisocial force in the past or at present; (iii) Photography and videography is strictly prohibited in chocoZAP unless authorization has been granted by the Company; and (iv) Food is prohibited at chocoZAP; beverages must be stored in plastic bottles with secure tops.
18. Illness. If you have experienced symptoms of communicable illness, including but not limited to, a fever, runny nose, cough, sore throat, or sneezing, please stay home until your symptoms have subsided. Those entering chocoZAP should use discretion and be fever free for twenty-four (24) hours prior to entering the facility.
19. Indemnification. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party in connection with your use of the Services. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
20. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER YOU OR THE COMPANY, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, HEIRS AND SUCCESSORS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR FOR ANY TYPE OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES, OR ANY OTHER LOSS OR DAMAGES INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY IN CONNECTION WITH THESE TERMS OR THE SERVICES, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OR THE SERVICES, SHALL IN NO EVENT EXCEED THE CHARGES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO ANY LIABILITY.
21. Headings. The headings in these Terms are for reference purpose only and do not affect the interpretation of these Terms.
22. Severability. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect. If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted or modified, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
23. Governing Law; Jurisdiction; Waiver of Jury Trials. These Terms are governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provisions. Any legal suit, action, or proceeding related to these Terms or the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the city of Los Angeles and County of Los Angeles, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Each of the parties hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to these Terms.
24. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, including provision of Services, when and to the extent such party's (the "Impacted Party") failure or delay is caused by or results from force majeure events ("Force Majeure Event(s)"), including without limitation: (a) acts of God; (b) flood, fire, earthquake, power outrage, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, kidnapping and hijackings, riot or other civil unrest or threats to public safety; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of these Terms; (f) epidemic or pandemic; or (g) national or regional emergency. The Impacted Party shall give notice within thirty (30) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of thirty (30) consecutive days following written notice given by it under this section, the other party may thereafter terminate the Services by providing a written notice to the Impacted Party. Notwithstanding the forgoing, your obligation to pay for any Services rendered shall not be excused or delayed by any Force Majeure Events.