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CHOCOZAP TERMS OF USE

These chocoZAP TERMS OF USE ("Terms") govern your use of the "chocoZAP" fitness club ("chocoZAP"), which is operated by RIZAP USA INC. (the "Company"), including its equipment and facilities, resources, courses, supplies, website, software, and anything else provided at chocoZAP or otherwise made accessible by the Company (the "Services"), and user manuals, instructions, technical manuals, and any other materials, in physical or electronic form, provided by the Company, directly or indirectly, to you ("you" or "your").

BY CLICKING THE "ACCEPT" BUTTON, YOU (I) GUARANTEE THAT YOU ARE ABOVE THE AGE OF 18, AND THAT THE INFORMATION YOU PROVIDE US IS ACCURATE, COMPLETE, AND CURRENT AT ALL TIMES; AND (II) ACCEPT THESE TERMS INCLUDING THE COMPANY'S PRIVACY POLICY AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SIGN OR CLICK THE "ACCEPT" BUTTON AND YOU WILL NOT BE AUTHORIZED, AND MUST NOT ACCESS OR USE THE SERVICES.

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.

 

2. Limited License Grant. Subject to your strict compliance with these Terms, the Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Services solely in accordance with users' rules posted on chocoZAP website or at the facility for your exclusive and personal use. The Company may, limit, suspend or terminate the forgoing license without prior notice or liability, under its sole discretion for any reason whatsoever. You shall create your unique password protected account for the Services (the "Account"), and only access the Services while you are logged into such Account. Information provided for setting up the Account will only be used for set up and maintenance of the Account and billing. The Company will handle the personal information that you provide in accordance with its Privacy Policy, which may be accessed at https://www.chocozap.us/blank. You may be provided an access card or badge for your exclusive use to access chocoZAP facilities ("Access Card"). In addition, you may be permitted to use Bluetooth or other wireless equipment which are linked to your Account for your access to chocoZAP. Passwords or PINs must be used to secure your Bluetooth connections. You are responsible for maintaining the confidentiality of your Account, storage and safety of your Access Card. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or through your Access Card. You must notify the Company immediately upon becoming aware of or suspect any breach of security or unauthorized use of your Account or Access Card. You shall immediately cease access to the Services when you are no longer an authorized user.

 

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. Gym Referral Program

(1)        Subject to the then current Terms and availability as determined by the Company in its sole and absolute discretion, monthly plan users may enjoy discounts off their monthly fee if they introduce a new individual user (who has not been a chocoZAP member) to a plan and such individual user joins a plan (the “Gym Referral Program”).

(2)        Details of the Gym Referral Program will be posted on the designated website and/or the designated app from time to time. In any event, the Company has the sole and absolute discretion to decide the terms and conditions of any Gym Referral Program, including but not limited to the amount of discount, commencement dates and duration.

 

7. 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.

 

8. Terms and Conditions of Use for Equipment

(1)        You agree, acknowledge and confirm that your use of chocoZAP’s equipment and facilities are conditional upon your compliance with the following:

 

(a)        You have read, understood, and agree to abide by the relevant terms and conditions / user guides / rule of uses / other guidelines as issued by the Company for the use of the equipment and facilities in the location;

(b)       You must wear shoes that are appropriate for gym and exercise environment, and which can be used appropriately and safely in the location. You are strictly prohibited from wearing shoes that may damage the facilities or equipment in the location, such as shoes with spikes and hard leather soles;

(c)        You shall not bring and use your personal training equipment in the location(s);

(d)       You are prohibited from selling goods or engaging in profit-making acts, solicitation, political activities, acts of solicitation deemed to be related to religion, or other advertising activities at the location(s) or in the vicinity of the location;

(e)        You are prohibited from providing personal training services to other users or conducting other similar activities (whether for profit or not);

(f)        Guests and visitors, unless subscribed to a plan or authorized by the Company in writing, are prohibited from accessing the location and using the Services.

(g)       You are prohibited from engaging in violent activities, sexual harassment, slander, harassment, invasion of privacy, anti-social behavior, or creating any other nuisance against other members; and

(h)       You are prohibited from bringing pets into the location.

 

(2) You shall comply with the following terms and conditions when using the self-service nail art device:

 

(a)        Prior to visiting the location, you shall:

(i)       Confirm and agree to the self-service nail art device user guide that can be found at the location and on the designated application (the “Designated Application”); and

(ii)      Download the nail printer app that can be found on the Designated Application.

(b)       When using the self-service nail art device, you agree that if the printed manicure is damaged, it may fall off immediately.

(c)        You shall not use the self-service nail art device on any surfaces other than nails.

(d)       You shall not use the self-service nail art device in the following circumstances:

(i)       If diagnosed by a qualified medical professional as suffering from a disease or infectious disease, and has not yet healed;

(ii)      If in poor physical conditions or ill health;

(iii)     If suspected of having nail diseases;

(iv)     If suspected of having infection of the nails or skin;

(v)      If allergic to certain drugs;

(vi)     In violation of the self-service nail art device user guides;

(vii)    In violation of this Article or any rules in relation to the use of the self-service nail art device as prescribed by the Company from time to time.

(e)        In connection with the use of the self-service nail art device, you agree that:

(i)       In the event of theft or destruction of the self-service nail art device, you may be liable for the damages;

(ii)      The Company does not take responsibility for loss or damage of your belongings. Any unattended items left behind will be held for three (3) days and then such items will be disposed of by the Company; and

(iii)     Prior to using the device, you shall read the user guides, manuals and precautions placed next to such devices and published on the Designated Application, and use it in accordance with the instructions.

(f)        When using the self-service nail art device, you shall comply with the following rules:

(i)       Please use the gel specified by the Company;

(ii)      Please discontinue use if you feel an abnormality such as overheating;

(iii)     Please stop using the self-service nail art device during thunderstorms;

(iv)     Please take off your shoes when using the self-service nail art device;

(v)      Please be sure to clean the self-service nail art device after use and put the spare parts back in their original position;

(vi)     The self-service nail art device shall not be used for purposes other than manicure;

(vii)    Please refrain from smoking, eating or drinking indoors;

(viii)   Please do not bring in items that cause heat;

(ix)     Please strictly abide by the user manuals;

(x)      Please strictly observe the proper etiquette;

(xi)     Please do not cause annoyance such as making noise;

(xii)    Please make a reservation on the Designated Application in advance;

(xiii)   Please cancel a reservation on the Designated Application if you are unable to show up at the designated time; and

(xiv)   Please strictly adhere to the starting and finishing times of use.

(g)       After using the self-service nail art device, you shall observe the following matters:

(i)       Moisturize the nails and take all necessary care;

(ii)      If you feel any abnormality, remove the nail art immediately and consult a qualified medical professional as soon as possible; and

(iii)     Please do not use the self-service nail art device more frequently than once every at two (2) weeks.

(h)       The Company shall not be liable for any direct or indirect damage suffered by you in the following circumstances:

(i)       When you or any other party are injured as a result of the use of the self-service nail art device;

(ii)      When your belongings or that of any other party suffer damages as a result of the use the self-service nail art device;

(iii)     When damage is caused by the non-compliance with this Article, user guides, or any rules in relation to the use of the self-service nail art device as prescribed by the Company from time to time;

 

(3)        You shall comply with the following terms and conditions when using the Electrical Muscle Stimulation (“EMS”) device where applicable:

(a)        In connection with the use of the EMS device, you agree to the following:

(i)       The long-term effects of chronic electrical stimulation are unknown and that all risks in relation to the use of the EMS device shall be solely born by you;

(ii)      In the event of theft or destruction of the facilities, you may be liable for damage;

(iii)     The Company does not take responsibility for losses or damage of your belongings. Any unattended items left behind will be held for three (3) days and then such items will be disposed of by the Company in any way it sees fit; and

(iv)     When the network is congested, the Wi-Fi speed at the location may be slow.

(b)       Before using the EMS device, you must:

(i)       Read, understand, and agree to the user guides, manuals, warnings, and precautions placed next to such devices and published on the Designated Application, and use it in accordance with the instructions as stipulated therein;

(ii)      If you are under medical supervision, seek proper medical advice from a qualified medical professional to ensure safe and effective treatment;

(iii)     Make a reservation on the Designated Application in advance;

(iv)     Cancel a reservation on the Designated Application if unable to show up at the designated time;

(v)      Determine the placement sites for the applicators (following the medical professional’s instructions);

(vi)     Ensure the skin site is clean and dry, as dirty, flaky or oily skin will prevent applicators from adhering to the skin;

(vii)    Clean the skin site with an alcohol wipe or any designated cleaners prior to application;

(viii)   Ensure the applicators are tightly adhered to the skin site;

(ix)     Keep the machine away from electrical products, strong magnetic interference and flammable/explosive materials;

(x)      Avoid being full and wait for at least one hour after eating before using the device;

(xi)     Trim excess body hair from the area with scissors if necessary; and

(xii)    Wash hands and dry them before handling applicators.

(c)        You shall not use the EMS device under the following circumstances:

(i)       If you have,  or may have serious health conditions, including without limitation one or more of the following: heart disease, high blood pressure, use of cardiac demand pacemakers, epilepsy, thyroid, malignant tumors, renal failure, thrombophlebitis, carotid sinus reflex, cancerous lesions, unknown otology, menstruating or pregnant uterus, sensory loss, skin irritation, muscle tension, stroke, brain injury, etc.;

(ii)      During pregnancy or lactation;

(iii)     If there is any implanted metal or electrical object inside your body, consult a qualified medical professional before use;

(iv)     On broken or damaged skin; and

(v)      Placing the applicators across your head, necks, close to your eyes or in your mouth.

(d)       When using the EMS device, you shall comply with the following rules:

(i)       Do not use the device on one area for more than 30 minutes;

(ii)      Use the device on a small patch of skin and start at a low energy level to see if any reaction develops and allow the body gradually adapt;

(iii)     Strictly abide by the user manuals;

(iv)     Stimulation should not be applied over the carotid sinus nerves, particularly in patients with a known sensitivity to the carotid sinus reflex;

(v)      Stimulation should not be applied over the head, neck or mouth as severe spasms of the laryngeal and pharyngeal muscles may occur and the contractions may be strong enough to close the airway or cause difficulty breathing;

(vi)     Stimulation should not be applied across the thorax in that the introduction of electrical current into the heart may cause cardiac arrhythmias;

(vii)    Stimulation should not be applied transcerebrally;

(viii)   Stimulation should not be applied over swollen, infected, inflamed areas or skin eruptions, e.g., phlebitis, thrombophlebitis, varicose veins etc.;

(ix)     Stimulation should not be applied over or in proximity to cancerous lesions;

(x)      If you are under medical supervision, use the EMS device only in the prescribed manner and for the prescribed reason;

(xi)     If the stimulation levels are uncomfortable or become uncomfortable, reduce the intensity (amplitude) to a comfortable level;

(xii)    Shall not immerse the applicators in water or other liquids;

(xiii)   The EMS device is for external use only;

(xiv)   Use caution following recent surgical procedures when muscle contraction may disrupt the healing process;

(xv)    If there are any adverse reactions such as inflammation or burns beneath the applicators, stop using the EMS device and consult a qualified medical professional immediately; and

(xvi)   Strictly adhere to the starting and finishing time of use, and your scheduled time with the EMS device.

(e)        After using the EMS device, you shall observe the following:

(i)       Removal of applicators shall be slow and not be rushed;

(ii)      Return the applicators back into their original position; and

(iii)     Wait for at least one hour before eating, and drink plenty of water.

(f)        The Company is not responsible for any direct or indirect losses suffered by you in the following circumstances:

(i)       When you are injured or suffer any damages or losses in relation to the use of the EMS device;

(ii)      When your belongings are damaged by the use of the EMS device; and

(iii)     Any other circumstances which may result in loss or damage suffered by you.

 

(4)        You shall comply with the following terms and conditions when using the workout area:

 

(a)        In connection with the use of the workout area, you agree to the following:

(i)       In the event of theft or destruction of the facilities, you may be liable for damage;

(ii)      The Company does not take responsibility for loss or damage of your belongings. Any unattended items left behind will be held for three (3) days and then such items will be disposed of by the Company in any way it sees fit;

(iii)     When the network is congested, the Wi-Fi speed at the location may be slow; and

(iv)     Prior to using the workout area, you shall read the user guides, manuals and precautions placed at or around the relevant facilities and published on the Designated Application, and use it in accordance with the instructions as stipulated therein.

(v)          Please disinfect and clean the equipment (e.g., table, pad, table, mat) after each use, and put it back in its original position;

(vi)     Please do not use for purposes other than workout;

(vii)    Please refrain from smoking or eating in the workout area;

(viii)   Please take away the items which you brought to the workout area;

(v)      Please only use the electrical outlets in its ordinary condition and refrain from plugging-in enhancers and extenders;

(vi)     Please strictly abide by any rules of use and etiquette as stipulated by the Company from time to time;

(vii)    Please do not cause annoyance such as making noise;

(viii)   Please wear headphones when playing music and videos;

(ix)     Please make a reservation on the Designated Application in advance;

(x)      Please cancel a reservation on the Designated Application; and

(xi)     Please strictly adhere to the starting and finishing times of use.

(c) The Company shall not be liable for any accident or dispute arising from the use of the workout area.

 

(5)        You shall comply with the following terms and conditions when using the massage chair:

 

(a)        Please do not use the massage chair in the following circumstances:

(i)       Those who are prohibited by a medical professional from receiving a massage; and

(ii)      Those who are receiving treatment from a doctor for the following conditions:

•        Those who use implantable medical electronic devices that are susceptible to electromagnetic interference, such as pacemakers;

•        Malignant tumors;

•        Heart disease;

•        Pregnant women or those who have recently given birth;

•        Those who suffer from diabetes and other diseases that cause high peripheral circulatory system lesions and have sensory disorders;

•        Those who have wounds on the skin;

•        Those who are in need of rest;

•        Those with a fever of 38.0°C or higher;

•        Those with acute inflammatory symptoms such as fatigue, chills, and severe changes in blood pressure, or when the body is weak;

•        Those suffering from acute diseases such as osteoporosis, spinal fractures, sprains, muscle strains, etc.;

•        Those with spinal abnormalities and curvature of the spine;

•        Those with previously treated sites or diseased areas;

•        Those with tenosynovitis; and

•        Those who are undergoing any medical treatment.

(b)       Before using the massage chair, you agree to the following:

(i)       In the event of theft or destruction of the massage chair, you may be liable for damages;

(ii)      The Company shall not be responsible for any losses, injury, or damages to yourself or your belongings. Any unattended items left behind will be held for three (3) days and then such items will be disposed of by the Company in any way it sees fit; and

(iii)     Prior to using the massage chair, you shall read the user guides, manuals, and precautions placed next to such massage chair and published on the Designated Application, and use it in accordance with the instructions as stipulated therein.

(c)        Please observe the following when using the massage chair:

(i)       Please disinfect and clean the massage chair before and after each use, and put the spare parts back in place;

(ii)      Please do not use for purposes other than massaging;

(iii)     Please do not smoke or eat on the massage chair;

(iv)     Please take away items which you brought to the location;

(v)      Please remove your shoes before and during your use of massage chair;

(vi)     Please strictly observe this Article and any rules of use and etiquette as stipulated by the Company from time to time;

(vii)    Please do not cause annoyance such as making noise;

(viii)   Please wear headphones when playing music and videos;

(ix)     Please stop using the massage chair if a thunderstorm occurs;

(x)      Please make a reservation on the Designated Application in advance;

(xi)     Please cancel a reservation on the Designated Application; and

(xii)    Please strictly adhere to the starting and finishing times of use.

(d) The Company shall not be liable for any accident, injury, or dispute arising from the use of the massage chair.

 

(6)        You shall comply with the following terms and conditions when using the white tanning machine where applicable:

 

(a)        In connection with the use of the white tanning machine, you agree to the following:

(i)       In the event of theft or destruction of the white tanning machine, you may be liable for damages;

(ii)      The Company shall not be responsible for any losses, injuries, or damages to yourself or your belongings. Any unattended items left behind will be held for three (3) days and then such items will be disposed of by the Company in any way it sees fit; and

(iii)     When the network is congested, the Wi-Fi speed at the location may be slow.

(b)       Before using the white tanning machine, you must:

(i)       Read, understand, and agree to the user guides, manuals, warnings, and precautions placed next to such machine and published on the Designated Application, and use it in accordance with the instructions as stipulated therein;

(ii)      If you are under medical supervision, seek proper advice from a qualified medical professional to ensure safe and effective treatment;

(iii)     Make a reservation on the Designated Application in advance;

(iv)     Cancel a reservation on the Designated Application if unable to show up at the designated time;

(v)      Check the machine carefully to ensure it is under good working conditions;

(vi)     If there is any implanted metal or electrical object inside your body, consult a qualified medical professional before use;

(vii)    Remove cosmetics well in advance of exposure and do not apply any sunscreens; and

(viii)   Maintain proper fitness to use the white tanning machine, including engagement in proper exercise and eating light meals (avoid spicy and stimulating foods).

(c)        You shall not use the white tanning machine under the following circumstances:

(i)       If you suspect any malfunction with the white tanning machine, including without limitation its timer, air hose, filters, lighting and applicators;

(ii)      When the air hose of the machine is not connected;

(iii)     When any one of the filters of the facials of the machine is broken or removed;

(iv)     If any one or all of the acrylics of the machine are broken or removed;

(v)      If you are experiencing reduced physical, sensory, or mental capabilities;

(vi)     If you are suffering from any form of skin allergies;

(vii)    If you have sunbathed on the same day;

(viii)   If you have taken medicines or applied cosmetics or sunscreen within the last 24 hours;

(ix)     If you suffer from sunburn, suffer from or previously suffered from skin cancer, or predisposed to skin cancer; and

(x)      If you are under medical care for diseases that involve photosensitivity or receive photosensitivity medications.

(d)       When using the white tanning machine, you shall comply with the following rules:

(i)       Do not spray water on the machine;

(ii)      Keep the machine away from electrical products, strong magnetic interference or flammable/explosive materials;

(iii)     Direct eye contact with any type of light emitted by the machine is prohibited, blue light in particular can damage your eyesight;

(iv)     Use the machine on a small patch of skin and start at a low energy level to see if any reaction develops and allow your body to gradually adapt;

(v)      If you experience any discomfort, stop using the machine immediately and consult a qualified medical professional;

(vi)     Always protect your eyes from visible and infrared radiation, use the protective sunglasses provided at Site;

(vii)    Follow the recommendations of your qualified medical professional concerning exposure duration and exposure intervals;

(viii)   Ultraviolet radiation from the sun or UV machines can cause injury to the skin or eyes. These biological effects depend upon the quality and the quantity of the radiation as well as the skin sensitivity of the individual;

(ix)     The skin may develop sunburn after excessive exposure. Excessively repeated exposure to ultraviolet radiation from the sun or the machine may lead to premature aging of the skin as well as increased risk of development of skin tumors; and

(x) The unprotected eye may develop surface inflammation, and in some cases, damage may occur to the retina after excessive exposure. Cataracts may develop after repeated exposures.

(e)        After using the white tanning machine, you shall observe the following:

(i)       Seek medical advice if any irregular skin conditions occur such as lumps, sores, or pigmented moles; and

(ii)      If unexpected side effects, such as itching, occur within 48 hours of after the first use of the white tanning machine, medical advice should be sought prior to further UV exposure.

(f)        The Company is not responsible for any direct or indirect losses suffered by you in the following circumstances:

(i)       When you are injured by the white tanning machine;

(ii)      When your belongings are damaged by the white tanning machine; or

(iii)     Any other circumstances for which the Company is not directly or indirectly responsible for the loss or damage suffered by you.

 

(8)        You shall comply with the following terms and conditions when using the laundry service:

 

(a)        When using the laundry service, please adhere to the following:

(i)       Disinfect the equipment before and after use;

(ii)      Do not use for purposes other than laundry;

(iii)     Take personal items and trash home with you;

(iv)     Verify usage instructions and correctly use the equipment;

(v)      Confirm before use whether clothes to be washed or dried are suitable for use;

(vi)     Before washing or drying, remove contents from clothing pockets (coins, gum, candy, screws, nails, pens, crayons, lighters, tissues, etc.);

(vii)    Load an appropriate amount as indicated by the usage guideline, and do not overload;

(viii)   Before use, check inside the equipment for forgotten items, dirt, or foreign objects;

(ix)     Do not bring your own detergent;

(x)      Read, understand, and agree to the user guides, manuals, and rules of use;

(xi)     Refrain from causing noise or engaging in other nuisance behaviors;

(xii)    Always make reservations in advance;

(xiii)   If canceling a reservation, follow the cancellation procedure on the Designated Application; and

(xiv)   Strictly adhere to the end time.

(b)       Do not use the laundry service for the following items:

(i)       Items contaminated with oil, cooking oil, animal oils, etc.;

(ii)      Items with extreme dirt or debris;

(iii)     Laundry of individuals infected with or possibly infected with infectious diseases;

(iv)     Items contaminated with filth or vomit;

(v)      Laundry from pets or items contaminated with pet hair;

(vi)     Items with metal parts; and

(vii)    Items that violate the user manuals.

(C)       By using the laundry service, you agree to the following:

(i)       Members may be liable for damages if equipment or fixtures are stolen or damaged;

(ii)      Forgotten items may be disposed of by the Company; and

(iii)     If laundry remains in the equipment after closing time, it may be removed by the Company or third parties (other members, etc.) for disposal.

 

9.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 info@chocozap.us). 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.

 

10.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.

 

11.Recess. You may not take a recess period (i.e., a period of interruption or discontinuation) of your chocoZAP membership.

 

12.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.

 

13.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.

 

14.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.

 

15.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.

 

16.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.

 

17.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.

 

18.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.

 

19.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.

 

20.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.

 

21.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.

 

22.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.

 

23. Headings. The headings in these Terms are for reference purpose only and do not affect the interpretation of these Terms.

 

24.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.

 

25.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.

 

26.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.

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