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Terms and Conditions

Terms and Conditions Empower Fitness, Inc. (including its mobile app, We The Pack) (hereinafter “The Pack” “we,” “our,” or “us”) 

EMPOWERS TERMS OF SERVICE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF EMPOWERS SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW.

THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS THAT MAY LIMIT YOUR RIGHTS TO BRING AN ACTION IN COURT AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY AS DETAILED BELOW. THESE TERMS ALSO CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

Some terms may not apply to you, depending on where you are in the world, so please look out for any notices explaining terms that are relevant to particular countries only.

LAST UPDATED: JUNE 2025

1. SCOPE OF AGREEMENT

The Pack provides fitness classes and related Products, Services, content and features through our websites to you (any reference to you, shall also include any customer classified as a minor whose guardian must accept and ensure compliance with these terms on their behalf):

Https://www.wethepack.com(together, the “Sites”),

through our mobile applications (e.g., iOS and Android) (together, the “Apps”), and at our brick-and-mortar studios (collectively, with any other services, content, features or products that we provide that link to these Terms, (the “Services”).

These Terms of Service (the “Terms“) are an agreement between you and The Pack that sets forth the legally binding terms and conditions for your use of the Services. By signing these Terms or continuing to use our Services, you agree that such use is legally sufficient consideration under these Terms. If you are enrolling or signing for a minor (14-18) years of age, or older if applicable in the minor’s jurisdiction of residence, the above applies equally to said minor. 

We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information and to learn about our privacy practices.

By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Sites, downloading or using the App(s), attending classes in our studios or at home, or contributing content or other materials to the Sites or on or via the App(s) (as applicable), you acknowledge that you have read and understood this Agreement and you agree to be bound by these Terms. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms.  Please read the Terms carefully and save a copy for your own records.  If you do not agree with (or cannot comply with) these Terms, you should leave the Sites or App and discontinue use of the Services immediately; do not install, copy, or use the Service, software or any music, images, video, text, or other material available through the Service (“Content“).

While these Terms apply to you anytime you are using our Services, certain provisions of these terms will only apply to you when you are taking part in one of our exercise classes, either online or at a Studio (our “Classes”). For these terms please see the General Policies, Rules and Regulations Governing Participation in Our Classes section.

We are committed to making our Services accessible for all users and will continue to take steps necessary to ensure compliance with applicable laws. Please read our Accessibility Policy for more information. If you have difficulty accessing any content, feature, or functionality of our Services, please contact us at wethepack@wethepack.com

2. ACCESSING THE SERVICES

To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.

By using our Services, you represent that you are at least 14 years of age, and, if between the ages of 14 and 18, your parent or guardian has consented to the Terms and your use of the Services. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO A TEENAGER’S ACCESS TO AND USE OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. A minor 14 – 15 years of age may participate in classes only with a parent or legal guardian present and attending the class. Minors 16 – 17 years old may participate in classes without a parent or guardian, but the parent or guardian must agree to these Terms on their behalf. No one under 14 years of age may use the Services.

From time to time, we may restrict access to some or all parts of the Services, including studio classes, the Sites, and App(s).

You agree to abide by the rules and policies established from time to time by The Pack  Such rules and policies will be applied generally in a non-discriminatory manner to users of the Service and any related software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.

3. ACCOUNTS AND ACCOUNT SECURITY

In order to access some Services available on the Sites and App(s), you will have to create an account (“Account“). You may only have one active Account at any given time and may not allow other people to use your Account to access or use our Services. You may not use another person’s Account. We expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are solely responsible for the activity that occurs on your Account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.

We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Services and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account.

WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

4. AUTHORIZED USE OF OUR SERVICES AND PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms. While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws, as may be relevant in the jurisdiction in which you receive the Services or reside.

In addition, we expect users of the Services to respect the rights and dignity of others.
You agree not to use the Services or Content, for any reason whatsoever:

  • For any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation, as may be relevant in the jurisdiction in which you receive the Services or reside;
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.

Additionally, you agree not to, for any reason whatsoever:

  • Use the Services or Content for any commercial purpose;
  • Use the Services in any manner that could disable, overburden, damage, or impair the Sites or the Apps or any other party’s use of the Services;
  • Use any robot, spider or other automated device, process, or means to access the Service for any purpose;
  • Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
  • Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Services any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
  • Post to or transmit through the Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
  • Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services or Content;
  • Make available for sale or rent, or any other type of redistribution, any Content;
  • Use the Content or Services in any unlawful manner or in whole or in part for any unlawful purpose;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services, or express or imply that we endorse any statement you make;
  • Disseminate or introduce through the Services any viruses, worms, spyware, trojan horses, logic bombs, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
  • Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Services or tamper with any security components, usage rules or other protection measures applicable to the Service or Content;
  • Build a competitive product or service using the Services, build a product or service using similar ideas, features, functions, or graphics as the Services or determine whether the Services are within the scope of any patent;
  • Interfere in any manner with the operation or hosting of the Services or monitor the availability, performance, or functionality of the Services;
  • Assist or permit any persons in violating these Terms or other applicable laws or rules governing the use of the Services;
  • Make any use of the Content that would infringe any copyright therein; or
  • Otherwise attempt to interfere with the proper working of the Services.

5. ORDERS, PURCHASES & REFUNDS

Our Sites or Services may allow you to purchase Products directly from us in the form of class packages, memberships, gift cards, apparel, exercise equipment, accessories, early bookings, smoothies, and other related services or goods (“Products“).

We may make improvements and/or changes to our Products, add new features, or terminate a Product at any time without notice. We also:

(a) reserve the right to change the Products advertised or offered for sale through our Services, the prices or specifications of such Products, and any promotional offers at any time without any notice or liability to you or any other person;

(b) cannot guarantee that our Products advertised or offered for sale through our Services will be available when ordered or thereafter;

(c) reserve the right to limit quantities sold or made available for sale;

(d) do not warrant that information on a Sites or Apps or provided at a studio (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and

(e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on our Sites or App is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

Promo Codes and Discounts: We may offer promo codes, discounts, coupon codes, and/or other offers that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers or used with subscription orders. Only consumers can use promo codes, they cannot be used by resellers, wholesalers, practitioners, or the like. Any such promo code, discount or other offer may be discontinued or voided at any time. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Sites.

Taxes: If we are legally required to collect sales tax on Products you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors. You can reach us at wethepack@wethepack.com.

Freezing membership: You can also freeze your membership for up to six months for an injury. If you wish, you can also freeze a membership if you are pregnant, for the duration of your pregnancy. We support you and when you are ready to come back to class postpartum, you can take it at your own pace. You know your body best and we are so impressed with our Mamas-to-be and new mamas in class.

Reservations: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT AND YOU WILL NOT BE REFUNDED FOR THAT CLASS.

IF IT IS YOUR FIRST THE PACK CLASS, YOU MUST BE PRESENT 15 MINUTES PRIOR TO THE START OF THE CLASS.

Payment Processing: We may use Stripe, a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices. Stripe’s current terms of service may be found at https://stripe.com/legal.

Refunds, Returns, Exchanges and Cancellations:

Online Product Purchases: Unused Product(s) purchased on our Sites or Apps, with the exception of classes and membership packages, may be returned or exchanged within 30 days of purchase. In order for a Product to be eligible for return or exchange (an “Eligible Product“), Products must be unworn, unwashed and/or unused, as applicable, and must be returned in new condition.

Refunds: Eligible Product returned within seven (7) days of purchase will be eligible for a full refund, and you will receive credit to your original form of payment. If we are unable to credit that form of payment, your refund may not be completed and may contact you for new payment information or provide your refund in another way, such as store credit. For Eligible Product returned after 7 days of purchase, store credit will be issued. The store credit will be usable for up to 30 days. You can reach us at wethepack@wethepack.com.

Exchanges: Any Eligible Product returned within thirty (30) days of purchase may be exchanged for another item of equal or lesser value. If you are making an exchange, your desired item may not be in stock. New products that are in stock may not equate to an even exchange and there may be a price difference between the new product and the returned product. Any difference in pricing for an exchange will be placed back on the original method of payment if the exchange is made within seven (7) days of purchase. If we are unable to do so, your exchange may not be completed. We may contact you for new payment information or elect to issue store credit instead. If the exchange is made after seven (7) days of purchase, the difference will be issued as store credit, which shall be usable for 30 days. You can reach us at wethepack@wethepack.com.

No returns or exchanges will be provided without a receipt. Products are only eligible for a return or an exchange, not both. We reserve the right to only issue a refund, or require an exchange, in our sole discretion regardless of what the Sites may indicate. Refunds will not be issued for products that have not been purchased directly through the Sites.

Not all Products are available for return. Sales of the following items are final and not eligible for a return or exchange:

  • Sale merchandise (items that have been marked down and are included in the ” final few” section or included in any FLASH SALE.
  • PPE items (ie: masks, gloves, wipes, etc.)
  • Any other item that we mark as not eligible for return, such as exclusive items that have limited quantities.

To initiate a return or exchange of a product purchased online please contact wethepack@wethepack.com

Classes and Membership Packages: Classes and membership packages are non-refundable. We do not offer refunds on purchases for our classes and membership packages, beyond your statutory rights. We strongly urge you to be modest in your membership purchases, and to make sure you like us, can reach the venue, and like what we do before making any purchases.

Studio Refund Policy: Unused merchandise (Fully tagged with no stains) purchased at The Pack Fitness, Inc studio locations will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued, which will be usable for up to 30 days. No returns will be provided without a receipt.

Cancellations: YOU MUST CANCEL A CLASS 12 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT CLASS. This includes switching time slots, which must be done at least 12 hours in advance or you will be deducted the class. You may cancel class through our online system 

Shipping & Exchanges:

Shipping fees vary by Service, your location and your selected shipping method. The fees can be found as calculated during the order completion process before checking out. Unless otherwise indicated, we are only able to ship to one shipping address per order. If you’d like to ship to multiple addresses, please place separate orders for each unique address. Most products may be shipped to a P.O. Box or Military APO/FPO addresses, but some restrictions apply. Please make sure your address is correct. Once in transit, we cannot redirect shipments to a new or different address. If you order is returned for an invalid or incorrect address your order will be returned to stock and the order refunded less any shipping charges.

We are not liable for any lost shipments when USPS is selected as the shipping method.

Processing: Please allow for 2-3 Business Days for processing your order before it can be shipped (excluding weekends and holidays).

6. GENERAL POLICIES, RULES AND REGULATIONS GOVERNING OUR CLASSES

Non-Recording of Studio/Online Classes Agreement: You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any The Pack classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of The Pack The Pack instructors are not authorized to provide consent. This includes even a temporary recording/ transmission of an The Pack online class via online platforms such as SnapChat, Zoom, Facebook, or Instagram.

You are, however, permitted to record and post lawful, non-offensive content related to your participation in a The Pack studio class before and/or after a class with the consent of each participant who is identified in your content.

Any violation of this non-recording agreement is grounds for exclusion from participation in any The Pack activities or Services.  You further agree to indemnify, defend, and hold harmless The Pack, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this non-recording agreement. 

Prohibited Behavior: We want our classes, studios and all other Services to be safe and enjoyable environments for all of our users. With this in mind, we have established certain behavior that will not be tolerated while utilizing our Services (“Prohibited Behavior“). While using or taking part on our Services, whether in one of our studios, or at home or some other location, you agree that you shall not:

  • Wear inappropriate clothing that is unnecessarily revealing, intimidating or that contains messages or images that a reasonable person may find objectionable;
  • Exhibit nudity, indecent exposure or exhibitionist behavior of any type. This type of behavior could result in criminal charges being brought against you;
  • Play music that can be heard by others taking part in our Services;
  • Wear clothing that is inappropriate or unsafe for our workouts, such as open-toed shoes etc;
  • Allow any indecent or objectionable pictures, movies, words, or any other content be viewable or audible on your stream;
  • Interfere with other users’ enjoyment or participation in our Services;
  • Interrupt or interfere with our instructors or staff members;
  • Use our equipment in any manner for which they were not designed or that is not the proper use for the equipment;
  • Take part in our Services while under the influence of Alcohol, Marijuana, or any other intoxicant or narcotic;
  • Use your phone or other electronic device other than for the explicit purpose of streaming or taking part in our Services; OR
  • Violate any rule or regulation posted in our studios, on our equipment or given to you by an instructor or staff member, including but not limited to
    • notifying the instructor prior to class start time if you are recovering from injury or illness or have known sensitivities.

The above list is non-exhaustive, and we, and our instructors and staff members, reserve the right, in our sole discretion, acting reasonably, to determine what constitutes Prohibited Behavior.

Any breach of any part of this clause 6 is grounds for exclusion from participation in any The Pack activities, and/or the termination of any Services and/or the permanent ban of using any Services in the future.

WE AND OUR INSTRUCTORS AND STAFF MEMBERS RESERVE THE RIGHT TO REMOVE YOU FROM A CLASS, STUDIO OR OUR SERVICES AT ANY TIME, IN OUR SOLE DISCRETION, FOR EXHIBITING ANY PROHIBITED BEHAVIOR.

Please note that local and/or national laws may be more prohibitive than our Prohibited Content rules, and you agree that you shall abide by all laws, regulations, rules or other ordinances wherever you are.

Health and Safety

By agreeing to these Terms, enrolling online, and/or attending classes, events, activities, and other The Pack programs, whether online or in an The Pack facility or using The Pack equipment, and/or by using the Services, you hereby acknowledge and agree:

(a) there are certain inherent risks and dangers in the strenuous nature of the The Pack workout program;

(b) you have voluntarily chosen to participate in an intense physical exercise program;

(c) you understand that The Pack strongly recommends that you consult with a licensed physician prior to commencing any classes;

(d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to:  abnormal blood pressure, fainting, heart attack or death;

(e) no physician or general practitioner has ever informed you that you have a heart condition and/or that you should not partake in the type of physical activities inherent in our classes;

(f) you have no ailment or injury that could be aggravated or made worse by taking part in our Services;

(g) you do not know of any reason why you should not, or that it would be harmful to your health to, take part in our classes or Services; and

(h) if you are pregnant, you agree that:

(i) You will inform your instructor; and

(ii) you have consulted a physician or general practitioner that has approved your use of the relevant services.

YOU ASSUME ALL RISK FOR YOUR HEALTH AND WELL-BEING, AND FULLY RELEASE AND HOLD HARMLESS FOR ANY RESPONSIBILITY, COST OR DAMAGES EMPOWER FITNESS, INC. AND ITS ENTITIES, ITS INSTRUCTORS, MEMBERS AND EMPLOYEES FOR ANY INJURY, HARM OR LOSS YOU MAY SUFFER, INCLUDING DEATH, AS A RESULT OF PARTICIPATION IN ANY EMPOWER FITNESS, INC. ACTIVITIES OR SERVICES. You must sign and agree to these Terms before you take part in our classes. If you are enrolling a minor (an individual who is not the age of majority in their jurisdiction of residence) of at least 15 years of age in our classes, the above release applies equally to said minor.

Personal Belongings:  You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.

WIFI Access: We may provide access to WiFi connections or similar network connections to you (“WiFi”) at our studios or other locations. BY USING WIFI, YOU ARE AGREEING TO THESE TERMS. Your use of WiFi is subject to these Terms and permitted only while you comply with these Terms. We are under no obligation to provide WiFi to you and may terminate or suspend your access at any time and for any reason. WiFi networks may be open wireless networks and in any case are not intended to be used for transmission of personal, financial, or sensitive information.  No network communication is 100% secure, and users should take care when using a generally available Wi-Fi connection. We do not control and are not responsible for data or content that you access or receive via the WiFI. We are not a publisher of third-party content that can be accessed through the Service and is not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service.

We reserve the right to monitor or store any transmission made through the WiFi, but we have no obligation to do so.

WIFI IS PROVIDED ON AN AS-IS BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE AVAILABILITY, FUNCTIONALITY, OR SECURITY OF WIFI.

7. DESCRIPTIONS, TESTIMONIALS, OPINIONS, RELIANCE

Our Services may contain expert or instructor opinions. Information on the Sites identified as expert or instructor opinion, or accessed from any of our Services by hyperlink, represents the opinions of these respective experts or instructors, which are not necessarily those of The Pack Our Services may also make statements related to supplements, diets or similar products or advice. Those statements should not be taken as medical advice or statements about a supplement’s or diet’s effectiveness or suitability for treatment of a medical condition.

Our Services may contain blogs or other testimonials or opinions with information about how to use a product or our Services, or statements about a product or Service’s effectiveness. Some of these statements are not written by us and do not represent our opinion. Other statements may be written by us but are not a representation or warranty about a product or Service and should not be relied upon as such.

Similarly, our Services may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be considered our endorsement of same.

The information presented on or through our Sites or Services, whether originating from The Pack, our employees or affiliates, or a third party, is made available solely for general information purposes. We make no warranties or representations as to the accuracy, currency, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We reserve the right to withdraw or amend our Sites or Services, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Sites or Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites and Services, or the entire of our Sites and Services.

WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY TESTIMONIAL, BLOG, DESCRIPTION, OR OPINION POSTED ON ANY OF OUR SERVICES TO THE MAXIMUM EXTENT ALLOWED BY LAW. CLAIMS CONTAINED IN TESTIMONIALS, BLOGS, DESCRIPTIONS, OR OPINIONS HAVE NOT BEEN SUBSTANTIATED SCIENTIFICALLY OR BY THE FOOD AND DRUG ADMINISTRATION. YOU UNDERSTAND THAT NONE OF OUR SITES PROVIDE MEDICAL ADVICE, MAKE CLAIMS ABOUT DRUG EFFECTIVENESS, OR DETAIL TREATMENTS FOR SPECIFIC ILLNESSES OR AILMENTS. WE MAY NOT BE HELD LEGALLY RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITES OR SERVICES.

8. USER CONTENT

You are responsible for any information, text, reviews, posts, images, videos or other materials or content that you post using our Services, upload to us, or transmit through our Services (“User Content”). We reserve the right to alter or delete any User Content for any reason. You agree, represent and warrant that any User Content you post or share on our Services or transmit through our Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through our Services any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES RESULTING FROM ANY INFRINGEMENT OF COPYRIGHT, TRADEMARK, PROPRIETARY RIGHTS, OR ANY OTHER HARM RESULTING FROM SUCH USER CONTENT.

By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.

Forums

We may also host message boards, user-generated content, promotions, reviews, blogs, and other interactive features or services, such as The Fit Fam, through which users can post or upload User Content or otherwise interact with our Services or users something on them (each, a “Forum”). We do not endorse User Content posted in Forums, cannot guarantee the accuracy or authenticity of such User Content, and are acting only as a passive conduit for such User Content. User Content may include suggestions for uses of our products that have not been evaluated or approved by us; we do not recommend such uses. You should never use our products in any manner other than as is described on its packaging. WE RESERVE THE RIGHT TO REMOVE ANY FORUM CONTENT, OF ANY VARIETY, AT ANY TIME FOR ANY REASON.

Forums are Public: You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any User Content you communicate in Forums may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in Forums or other aspects of the Sites and may employ anonymous usernames when doing so. Any user failing to comply with this Agreement may be expelled from and refused continued access to Forums in the future. However, we are not responsible for User Content that you or others choose to communicate in Forums, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK.

Sharing User Content: Our Services may also allow you to make recommendations or send User Content or other Content to others, for example through an “email this” or “share this” feature that will send content to the email address or social media account you provide. Only provide contact information for individuals who have told you they want to receive such content. By providing someone’s contact information, you represent and warrant that they have confirmed to you that they want to receive such content. You can reach us at wethepack@wethepack.com.

Prohibited Content: You agree that User Content shall not contain any of the following (together with any prohibitions contained in this section, the “Prohibited Content“):

  • Profane language or content;
  • Content that promotes, fosters, or perpetuates discrimination on the basis of race, religion, gender, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income or other protected status under applicable law;
  • Inappropriate sexual content or links to inappropriate sexual content, nudity or obscenity;
  • Conduct or encouragement of illegal activity;
  • Private or confidential information and/or any information that would be considered personally identifiable information of any third party;
  • Content that violates a legal ownership interest of any other party; or
  • Any other content that we determine to be inappropriate.

We retain the sole right, in our absolute discretion, to determine what constitutes Prohibited Content. WE ALSO RESERVE THE RIGHT TO REMOVE ANY USER CONTENT, OF ANY VARIETY, AT ANY TIME FOR ANY REASON.

Copyright Infringement Notices (USA)

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA“). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances. You can reach us at wethepack@wethepack.com.

If you believe that any Content on a Sites infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:

A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;

The URL or other specific location on the Sites that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;

Your name, mailing address, telephone number and email address;

The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf

To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.

We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
  2. Your name, mailing address, telephone number and email address;
  3. The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which Client address is located]”;
  4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
  5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
  6. Your signature, in physical or electronic form.

Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Further, we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Sites.

9. MOBILE SERVICES

Some of the Services may be available via your mobile phone, including but not limited to:

  • the ability to book and/or purchase The Pack Services via your mobile phone;
  • the ability to receive and reply to The Pack messages;
  • the ability to browse The Pack Sites from your mobile phone and (in) the ability to access certain The Pack features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”).

We do not charge any extra fees for the Mobile Services. However, your carrier’s normal messaging, data and other rates and tees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, it any, may be applicable to your use of such Mobile Services. Your use of the third-party service(s) may be subject to additional terms related to that service from the applicable service provider.

Furthermore, when you download or use our Apps on an iOS of Android device, you may be subject to the terms of service of the developers of such devices or app stores (“App Store Provider”). You acknowledge that these Terms and your use of an App is between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the App and its Content. If anything in these Terms conflicts with any usage rules for the App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with these Terms, and then exclusively for your use of the Mobile App). All rights you have to use the App are for use only on appropriate products and Services (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the App may be accessed and used by other accounts associated with the you via features like Apple’s Family Sharing (or similar features from other App Store Providers) or volume purchasing.

We are solely responsible for providing any maintenance and support services for the Mobile App, as specified in these Terms or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the Mobile App, nor any warranties for the same.

Some of our Services may also allow you to integrate your The Pack Account and/or the App with a third-party program or device, such as your Apple Watch or Apple Health. Your use of such services may be subject to additional terms related to that service or device from their providers. Additionally, you may be able to share certain data with such third-party providers. For an understanding of how we handle your personal data in such instances please see our.

WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. However, in the event that the Mobile App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.

We, not the App Store Provider, are responsible for addressing any claims relating to the Mobile App, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation;

(iv) claims that the Mobile App infringes a third party’s intellectual property rights as well as the investigation, defense, settlement and discharge of any such intellectual property infringement claim. By using the Mobile App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.  You acknowledge and agree that the App Store Provider, and its subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms and your use of the Mobile App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

10. TERMINATION & SURVIVAL

We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any membership that you have purchased, at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local studio directly via phone or email. We may terminate your account or membership at any time, without warning, if you breach the Terms. If we terminate your account or membership because you have breached the Terms, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or class packages.The following Sections will survive termination of these Terms: (10) Termination & Survival; (12) Assignment; (15) Intellectual Property Rights; (19) Legal Disputes and Arbitration Agreement; (20) Indemnity; (21) Limitation of Liability. You can reach us at wethepack@wethepack.com.

11. ASSIGNMENT

You may not assign or transfer these Terms (or any of your rights or obligations under these Terms) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer these Terms. These Terms inure to the benefit of and are binding upon the parties and their respective legal representatives, successors, and assigns.

12. FEES

Notwithstanding any other terms, you acknowledge that The Pack charges fees for its services and, subject to applicable law, may change those fees at its discretion

13. NON-HARASSMENT-POLICY

The Pack disapproves of any unwelcomed, inappropriate and/or offensive conduct by its personnel or its members.  If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any The Pack Fitness, Inc personnel, including while participating in a Group Class, at a The Pack. studio, or any other The Pack-related context, we encourage you to clearly and promptly tell the person engaging in the conduct that is unwelcomed and offensive (if you are comfortable doing so).   

When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify studio location or time/type of virtual class), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.

The Pack will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. The Pack responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations.  The Pack strives to maintain confidentiality throughout the investigative process to the extent practicable.  However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore confidentiality cannot be guaranteed.

Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration procedures below for users in the United States 

14. INTELLECTUAL PROPERTY RIGHTS

The content provided through our Services, whether on the Sites and Apps, or at our studios or elsewhere, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to The Pack, subject to copyright and other intellectual property rights under the law.  Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. All intellectual property rights associated with the Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Services. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available through our Services is strictly prohibited. You agree not to make any use of the Content that would infringe any copyright therein.

The Service and any related software may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your personal, non-commercial entertainment use.  This Content may be owned by The Pack or by third parties. You shall not allow any third party to have access to or to use any Content. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law.  You agree that you will not attempt to modify any software or Content obtained through the Service for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content.

You represent, warrant and agree that you are using the Service for your own personal, non-commercial entertainment use and not for redistribution or transfer of any kind. You agree not to redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Service. Furthermore, The Pack and/or the owners of the Content may, from time to time, remove Content from the Service without notice.

Subject to your compliance with these Terms, we grant you a limited license to access and use the Services and their Content for personal, informational, and shopping purposes. Content on the Sites and Apps, or at our studios, is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  We reserve all rights not expressly granted in and to the Services and the Content.  You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites and/or Services, provided by you to Company are non-confidential and shall become the sole property of The Pack

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.  You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.

15. CONSENT TO COMMINICATIONS

When you use our Sites or Apps or send communications to us through our Sites or Apps, you are communicating with us electronically.

16. SERVICES INTERRUPTIONS

Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.

17. LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE EMPOWER FITNESS, INC AND ITS ENTITIES TO YOU.

Notwithstanding and not prejudicing all limitations of liability or releases contained elsewhere in these Terms:

  • WE ARE PROVIDING THE SERVICES, INCLUDING THE SITES, THE APPS, AND ALL SOFTWARE, CONTENT, AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED BY US OR ANY OWNERS OF CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, EMPOWER FITNESS, INC. AND ITS ENTITIES AND ALL OWNERS OF CONTENT EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
  • EMPOWER FITNESS, INC.. AND ANY OWNERS OF CONTENT DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE SERVICES OR ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE OR ANY OTHER SITES LINKED TO OR FROM THE SITES OR APP.
  • DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH OUR SERVICES OR ANY OTHER SITES LINKED TO OR FROM THE SITES OR APP IS DONE AT YOUR OWN RISK, AND NEITHER EMPOWER FITNESS, INC. AND ITS ENTITIES NOR ANY CONTENT OWNERS GUARANTEE THAT SUCH CONTENT OR DOWNLOADS WILL BE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.
  • WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
  • THE CONTENT CONTAINED ON SOME OF OUR SITES MAY CONTAIN INFORMATION ABOUT INGREDIENTS, PROCESSES, AND/OR THERAPIES THAT ARE NOT EVALUATED OR REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. OUR SITES MAY ALSO CONTAIN INFORMATION ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENTS. SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITES. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, YOU CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR YOU CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE CONTENT. IN THE EVENT OF A MEDICAL EMERGENCY, CONTACT EMERGENCY SERVICES IMMEDIATELY. You can reach us at wethepack@wethepack.com.
  • YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMPOWER FITNESS, INC. AND ITS ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMPOWER FITNESS, INC. AND ITS ENTITIES AND ANY OWNERS OF CONTENT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR FROM SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE.
  • NEITHER EMPOWER FITNESS, INC. AND ITS ENTITIES, NOR ANY OWNER OF CONTENT WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES. WITHOUT LIMITING THE FOREGOING, EMPOWER FITNESS, INC. AND ITS ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
  • SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

18. ENTIRE AGREEMENT, SEVERABILITY AND WAIVER

The Terms, together with any other applicable legal agreements agreed between us, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services.

No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of the Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.

19. NOTIFICATIONS

We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. The Pack is not responsible for any automatic filtering that you or your network provider may apply to such notifications.

 20. UPDATES TO THESE TERMS

We may revise or otherwise change or update these Terms or our Sites from time to time, as may be required to ensure we can fulfil our obligations to you as set out under these Terms, or as otherwise may be required by any regulatory body or applicable law. We will use reasonable efforts to notify you of any such substantial or material changes.

Please see the “Last Updated” and “Effective Date” dates at the start of these Terms, to see when these Terms were last revised. When changes are made to these Terms they will become immediately effective when published on this page unless otherwise noted.

We may assign these Terms at any time with or without notice to you. You may not assign or sublicense these Terms or any of your rights or obligations under these Terms without our prior written consent.

21. OTHER POLICIES

These Terms apply exclusively to your access to, and use of, the Services from which it is linked or given, and does not alter in any way the terms or conditions of any other agreement you may have with us for Products, Services or otherwise.

Other agreements and/or policies that you are subject to include:

  • Safety or equipment use rules (as may be provided to you);
  • Our Privacy Policy (as linked under these Terms); and
  • Our Cookie Policy (as linked under these Terms).

Any sweepstakes, contests, coupons, rebates or other promotions made available through a Sites may be governed by specific rules that are separate from these Terms, and will be made available to you from time to time. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.

Should we employ you, none of the materials provided on a Sites constitute or should be considered part or of an employment contract or an offer for employment.

22. INTERPRETATION

In construing or interpreting the Terms of Service, headings are for convenience only, and not to be considered.

23. THIRD PARTY BENEFICIARIES

The third-party owners of any Content are intended beneficiaries of these Terms and shall have the right to enforce these Terms against you.

24. WAIVER AND RELEASE 

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of The Pack and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness and exercise equipment in association with the Classes and use of the Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, rhabdomyolysis, and concussions; and (3) catastrophic injuries including paralysis and death.

You have read and thoroughly understand the terms and conditions at The Pack. Instructions that are posted on The Pack Website, a hard copy of which is also available in studio, upon request. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff.

If in the subjective opinion of the The Pack staff, you would be at physical risk using The Pack Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish The Pack with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing The Pack concerns and stating that The Pack concerns are unfounded.

In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, whether sustained while using exercise equipment or fiot, (2) release, indemnify, and hold harmless The Pack, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of The Pack Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using The Pack Classes and Facilities, and should not be participating in any Classes.