LAMPL LLC is registered with the State of Florida as a Health Studio. Registration No. HS14651.
You represent and warrant that you are at least 16 years of age, or if you are 13 to 16 years of age, that you are visiting the Site under the supervision of a parent or guardian who has agreed to these Terms. Our Site and our Services are not intended for those under the age of 13.
1. INTELLECTUAL PROPERTY
All contents and materials on this Site are protected as the copyrights, trade dress, trademarks, service marks and/or other intellectual properties (whether registered or unregistered) and are protected by applicable laws and treaties of the United States and other countries, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Site, LAMPL or its licensors own all content on the Site, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, logos, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such content. You may not use, modify, copy, republish, duplicate, distribute, upload, download, post, transmit, frame, or use any of the contents or materials on this Site without LAMPL express prior written consent, to be withheld or given in our sole and absolute discretion. You may not store electronically any significant portion of any Content from this Site. All rights not expressly granted to you are reserved to us. You acknowledge and agree that the content on this Site constitutes valuable intellectual property and proprietary information of LAMPL or its licensors and content providers and that you acquire no ownership interest by accessing or using the Site or the content. You agree to comply with all applicable copyright and trademark laws.
For permission to use content from this Site or from marketing material authored and distributed by LAMPL, you must request written permission in advance of such use and provide full attribution at time of use. Permission should be requested by contacting firstname.lastname@example.org.
2. PERSONAL USE
Your use of the contents and materials included on this Site is for informational purposes and personal use only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents or materials of this Site in any way. You acknowledge that unauthorized use of the contents or materials from this Site could cause irreparable harm to LAMPL, and that in the event of an unauthorized use LAMPL shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or in equity.
3. SUBMISSIONS AND USE OF THIS SITE
LAMPL does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when LAMPL products or marketing strategies might seem similar to ideas submitted to LAMPL.
If, despite our request that you not send us your ideas, you still submit them, then regardless of what your communication says, the following terms shall apply to your submission. You agree and warrant that: (1) the submission will immediately become the sole and exclusive property of LAMPL without compensation to you or any other person or party and LAMPL will have the immediate right to use, copy, adapt, publish, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such submission, and to grant and authorize sublicenses of the foregoing, without any payment to you; (2) LAMPL will consider the submission to be non-confidential and non-proprietary; (3) LAMPL shall have no obligations concerning the submission, including but not limited to, no obligation to return any materials or acknowledge receipt of any submission; (4) LAMPL may use or redistribute the submission or its content for any purpose and in any way it chooses; (5) the submission does not contain trade secrets or proprietary information owned by another and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (6) you have all requisite rights to, and are authorized to disclose, all of the information contained in the submission; and (7) you are fully responsible for any submission you make and for the legality, reliability, appropriateness, and originality thereof. You agree to execute any documents required by LAMPL to confirm such rights.
In addition to the rights applicable to any submitted material, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, in connection with such review, comment or other content. We may, but shall not be obligated to, remove or edit any submitted material (including comments or reviews) for any reason.
4. LIMITATIONS & PROHIBITED ACTIVITIES
(a) You will not introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Site, or interfere with any person or entity’s use or enjoyment of the Site;
(b) You will not distribute, publish, transmit, modify, display or create derivative works from or exploit any of the Content available on this Site in any way;
(c) You will not post or submit anything to this Site that may violate any rights of any third party, including any copyright, trademark, privacy or other personal or proprietary right(s);
(d) You will follow all of these Terms, as well as all applicable laws, rules and regulations, and will not engage in or encourage conduct that may give rise to civil liability or violate any law;
(e) You will only provide truthful, complete and accurate information;
(f) You will not impersonate or misrepresent your affiliation with another person or entity;
(g) You will not harass, threaten, or abuse any other person when using this Site in any manner;
(h) You will not access, intercept, monitor, damage, or modify any data not intended for you or log into a server or account that you are not authorized to access;
(i) You will not attempt to probe, scan or test the vulnerability of LAMPL systems or network or breach the security or authentication measures without proper authorization;
(j) You will not access this Site with any data extraction, scraping, mining, or other data gathering tools, or otherwise scrape, collect, store, or use any Content from this Site;
(k) You will not interfere with or disrupt this Site, or servers or networks connected to this Site, or disobey any requirements, procedures, policies, or regulations of networks connected to this Site; and
(l) You will not e-mail, transmit, or otherwise transfer to or through this Site any material or information that is obscene, or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, distasteful, or otherwise objectionable; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.
We and our third-party partners reserve the right to restrict or block access to the Site and our Services for any reason or no reason.
You acknowledge that we have no obligation to monitor your access to or use of the Site or the Services for violations of the Terms, or to review any content you submit to us. However, we have the right to do so for the purpose of operating and improving the Services (including, without limitation, for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with the Terms, and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body.
5. PRODUCT SALES AND AVAILABILITY
LAMPL reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or Services offered on this Site.
6. ORDERING, PRICING AND PAYMENT
All purchases are final, nonrefundable and nontransferable. If any payment is rejected or claimed back by a credit card company, your participation in classes will be declined.
Prices throughout the website are quoted in U.S. dollars, and payment can only be accepted in U. S. Dollars.
The price you pay is the price of the services shown at the time you place your order, even if the price of the service has since changed.
Your payment card will be debited for your service at the time the purchase is placed. By submitting an online purchase with LAMPL LLC you expressly agree not to request a ‘charge back’ of any fees or payments for said services, and that no dispute with LAMPL LLC will be raised with or adjudicated by the credit card company. Rather, you agree to contact LAMPL LLC directly to resolve the issue or obtain a refund pursuant to the service guarantee.
Where an offer mentions that an item is reduced in price, e.g.: half-price, the discount will be calculated at checkout before any charges are applied.
7. LINKS TO OTHER SITES
LAMPL may provide links from or to other websites maintained by third parties (“Linked Sites”) that are not under the control of LAMPL. LAMPL has not reviewed or endorsed these Linked Sites, and you hereby acknowledge and agree that we shall not be responsible for the content, reliability, nature, products, services, availability, advertising, information or use of user information or other materials offered on any of the Linked Sites. The appearance of Linked Sites on this Site does not imply our support or endorsement. When you visit the Linked Sites, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You access linked sites at your own risk. In no event shall LAMPL be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through any of the Linked Sites, and you agree to indemnify us from and against any claims incurred as the result of any such dealings. You should direct any concerns to the administrator or Webmaster of any such Linked Site. LAMPL reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from this Site and/or introduce different features or links to different users.
8. THIRD PARTY ADVERTISEMENTS AND PROMOTIONS
LAMPL may display advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any termsn conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. LAMPL is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such third-party information on the Site.
9. MODIFICATIONS TO THE SITE
LAMPL reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that LAMPL will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
10. COPYRIGHT POLICY
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to:
959 West Ave, #13Miami BeachFL 33139or by email to: email@example.com
In accordance with the Digital Millennium Copyright Act (“DMCA”), please include the following information in your written notice: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) 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; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners. While LAMPL considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing.
11. TERMINATION OF ACCESS
LAMPL reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and LAMPL, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, LAMPL will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of the Site’s content will remain in full force.
You agree to indemnify, defend and hold harmless LAMPL, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ or legal fees) arising out of or related to (i) your access to and use of this Site or the Services, (ii) your violation of these Terms, (iii) your violation of any rights of any third party, including any copyright, trademark, trade secret, or privacy right, (iv) your conduct in connection with the Site; and (v) your use or the Services or the Studio.
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. LAMPL MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION ON THIS SITE. WITHOUT LIMITATION, LAMPL MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS TO THE FULLEST EXTENT UNDER PERMITTED LAW ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, EXPECTATIONS OF PRIVACY, AND/OR NON-INFRINGEMENT.
LAMPL does not guarantee the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if LAMPL is aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
The Studio is not responsible for lost or stolen items.
14. LIMITATION OF LIABILITY
LAMPL (OR ITS OFFICERS, DIRECTORS, AFFILIATES, SUBSIDIARIES, AGENTS, AND EMPLOYEES) WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. LAMPL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF LAMPL IS NEGLIGENT OR IF LAMPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL LAMPL BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. LAMPL TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
WITHOUT LIMITING ANY OF THE FOREGOING, IF LAMPL IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT, IN ANY CALENDAR YEAR, EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR USE OF THE SITE OR $100. Any claim or cause of action you may have with respect to this Site, including without limitation your ability to access or use this Site, must be commenced within one (1) year after the claim or cause of action arose.
As for Services provided by the Studio, it is your responsibility to ensure that you are capable of undergoing the routine of exercises provided by any program you follow or class you attend. By accepting our Serices at the Studio or elsewhere, you accept the risk of injury from performing exercises and using our specialized equipment. You and are advised to consult you medical doctor prior to beginning exercises in any session. Advice provided by our instructors at no time constitutes medical advice, and is in no case a substitute for advice provided by a medical professional. Instructors and Lampl are not responsible for any injuries caused by the use of our Services, equipment and premises.
The Studio is not responsible for lost or stolen items. LAMPL reserves the right to use photographs and video recordings made at the Studio on its web site and for social media.
These disclaimers and limitations do not apply to risks that cannot be excluded under the law.
To preserve the privacy of the Studio patrons using the Services, no photographs or video recordings may be taken in the studio without the prior written consent of Lampl.
Except with respect to principles of conflicts of laws, any dispute arising from these Terms or from any other use of this Site shall be resolved in accordance with the laws of the state of Florida, and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney’s fees and costs.
Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions.
Failure or delay by LAMPL to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by LAMPL of any provision shall be deemed to have been made unless made in writing.
19. CONTACT US
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Site.
You may contact us at firstname.lastname@example.org
20. FITNESS AND HEALTH
By agreeing to these Terms, and by accepting Services from us, you confirm that you have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes, epilepsy or any allergy) that may affect your participation in any actifity at the Studio.
It is your sole responsibility to notify the Studio before attending any session of any circumstances affecting your health which may be exacerbated through continued use of the Studioor the Services and/or which may have arisen or worsened since your last session at the Studio.
You are advised not to undertake strenuous physical activity without first seeking medical advice if you have any concerns over your physical condition and well-being. If you suffer from low/high blood pressure and/or cardiac irregularities you should never attend class. If there is any doubt about your physical ability to participate in classes, you must consult your medical doctor.
The Studio reserves the right to refuse access to any Member if, in its absolute discretion, if it considers that the health of the Member may be endangered by the use of Studio facilities.
Members are required to follow the instructions of the instructor at all times.
21. FITNESS SERVICE WAIVER
I hereby agree that by signing this document, I consent to waive certain legal rights, including the right to sue the following party, and, if applicable, its owners, trainers, representatives, and facilities from any physical, material, tangible or intangible, loss or damages that may happen to me during my participation in any of the fitness services (hereinafter, "Fitness Services") undertaken while under their instruction or thereafter: Level One by Lagree (the "Fitness Provider").
I will be voluntarily participating in the Fitness Services that will be provided by the Fitness Provider. These Fitness Services will include, but not be limited to Lagree Fitness, High intensity, low impact, core, muscular strength, and muscular endurance workout adaptable to all fitness levels.
You can contact the Fitness Provider at:
959 West Avenue, Suite 13,
33139 Miami Beach, Florida
Telephone Number: (786) 830-0798.
My initials below indicate that I agree with and understand this Fitness Service Waiver:
It is my responsibility to consult a physician before participating in this or any fitness program and I affirm that I have no medical conditions that would restrict me from participating in any of the Fitness Services.
I agree to hold the Fitness Provider, and if applicable, its owners, trainers, and representatives, harmless from any damage, whether tangible or intangible, that may happen to me while participating in the Fitness Services. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attacks, raised blood pressure, and broken, fractured, or dislocated bones.
I acknowledge that the Fitness Provider offers the Fitness Services with no guarantee of results. I agree that I am solely responsible to maintain the diet and fitness regime appropriate for my level of health and stamina, and I agree that any results that occur, whether positive or negative, are the effects of my own personal choices.
I agree that participation in the Fitness Services is not a replacement for actual medical care, and that if I do experience medical issues, I will contact my doctor immediately.
I agree and verify that all of the information that I have given the Fitness Provider and its representatives is accurate, up-to-date, and without the omission of any known medical issues.
I agree and verify that If I have omitted any necessary personal information, whether knowingly or unknowingly, I will hold the Fitness Provider harmless against all liability for any damages that may occur to myself or to others because of my actions or inactions.
I agree to keep the Fitness Provider apprised of any changes or upcoming changes concerning my physical health and personal information.
I understand and agree that it is my responsibility to let the Fitness Provider know if I find myself in any pain or discomfort before, after, or during the Fitness Services.
If I do require medical treatment or attention while or after participating in the Fitness Services, I agree that the medical costs are mine and mine alone and hold the Fitness Provider blameless from any charges, fees, or costs that my conditions may incur.
This Fitness Services Waiver will bind and be enforceable against me and all of my personal representatives. I agree that this Fitness Services Waiver should be enforceable to the fullest extent of the law, and if any portion is held invalid, the remainder should continue in full legal force and effect.
I specifically acknowledge and agree that this document is not intended to be a general release, which would be limited under some state and local laws.
This Fitness Services Waiver shall be construed and interpreted as broadly as possible in the applicable jurisdiction.
MEMBERSHIP. I agree:
Memberships are valid for one month from first use after purchase (e.g. if you purchase on a Tuesday, and book your first class on Thursday, the membership pass is valid for 1 month from Thursday).
No extensions or pauses under any circumstances. $25 class fee for late cancellations and $35 no-shows.
Cancellations require 12 hours prior notice.
Your monthly Membership does not auto-renew and no long-term commitment is required.
Memberships with “AUTOPAY”. I agree:
This is NOT a month-to-month membership. It starts on the date of the purchase. This is a three-month commitment. The payment is every 30 days. Monthly payments cannot be held, frozen, or rolled over. Purchasing this membership means you are committing to three months. All Sales are Final. You cannot share this membership, and you have no guest allowance.
This is NOT a month-to-month membership. It starts on the date of the purchase. This is a six-month commitment. The payment is every 30 days. Monthly payments cannot be held, frozen, or rolled over. Purchasing this membership means you are committing to six months. All Sales are Final. You cannot share this membership, and you have no guest allowance.
IP Membership. I agree:
This is NOT a month-to-month membership. It starts on the date of the purchase. This is a twelve-month commitment. The payment is every 30 days. Monthly payments cannot be held, frozen, or rolled over. Purchasing this membership means you are committing to three months. All Sales are Final. You cannot share this membership, and you have no guest allowance.
ASSUMPTION OF RISK. I understand and am aware that my participation in the Fitness Services involves risks. These risks may lead to tangible or intangible harm, and I agree that they may result not only from my own actions but also from the actions of others. With the knowledge and understanding of these risks, I choose, of my own will and volition, to continue participating in the Fitness Services.
I am also aware that there are risks that I may not have considered, yet I waive my right to any claims that may occur from these unconsidered risks and I choose, of my own will and volition, to participate in the Fitness Services.
COVENANT NOT TO SUE. I will not start any lawsuit or other court action against the Fitness Provider, nor will I join any such proceeding, including any claim for money damages. I acknowledge and agree that I am entering a covenant not to sue the Fitness Provider in any capacity, including to hold the Fitness Provider liable for any injury, loss, or damage sustained by me or my property, even if it is due to the Fitness Provider's negligence or omission. I also waive the right of any of my insurers' to make any such claim.
INDEMNIFICATION: I agree to defend and indemnify the Fitness Provider and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to my use or misuse of the Fitness Services or my conduct or actions. I agree that the Fitness Provider shall be able to select its own legal counsel and may participate in its own defense, if desired.
REPRESENTATION: I am over 18 (eighteen) years of age, and am medically and physically able to participate in the Fitness Services.
GOVERNING LAW: This Fitness Services Waiver shall be governed by and construed in accordance with the internal laws of Florida without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county in any legal suit, action, or proceeding arising out of or based upon this Fitness Services Waiver: Miami.
I have read the above Fitness Services Waiver fully and I understand and agree to its contents. I understand and agree that by signing this Fitness Services Waiver I forfeit any right, claim, or ability to hold the Fitness Provider responsible for any tangible or intangible damages, loss of property, or loss of life that may occur during or after my use of the facilities and participation in the Fitness Services.