Terms and Conditions – MPX Strength Studio, LLC

I. Application of These Terms And Conditions

This website is operated by MPX Strength Studio, LLC ("MPX", "we", "us", or "our"). These terms and conditions ("Terms") govern your relationship with MPX, including, but not limited to, your use of the MPX Website, www.mpxstrength.com (the "Website") and the MPX Mobile Application (the "App"), your purchase of MPX classes and memberships, your rights to cancel your purchase of MPX classes, your registration for classes, your purchase of merchandise, your communication with MPX, and your use of and attendance at MPX’s studio. MPX’s classes are performed on the X Former (the “Machine”) which consists of two stable platforms with a moving carriage in the middle, variable spring tension and a standing pole for balance. We are excited to continue bringing MPX classes to the Menlo Park community members!

These Terms incorporate by reference our Privacy Policy.

II. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

A. Informal Dispute Resolution

At MPX, we believe every class, client, and community member matters. Our goal is to do our best to ensure that every experience with MPX will exceed your expectations. If that doesn't happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at hello@mpxstrength.com or write to us at 887 Oak Grove Ave, Unit A, Menlo Park CA 94025, ATTN: MPX Experience Matters. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.

B. Arbitration Agreement

By accepting the Terms, you and MPX agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement ("Arbitration Agreement"). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association ("AAA"), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if MPX initiates arbitration, we shall have the choice as between these two arbitration forums.

WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

C. Class Action Waiver

You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving MPX or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against MPX. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).

If this class action waiver ("Class Action Waiver") clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

D. Definition of Dispute

Except as described below, the term "Dispute" in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and MPX regarding any aspect of your relationship with MPX, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.

Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.

Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.

E. How Will the Arbitration Work?

Either you or MPX may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.

If you or MPX initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:

• For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.

• Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.

• As set forth in the section of these Terms regarding Choice of Law, the arbitrator shall apply California law.

If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, MPX will pay all arbitrator's costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.

F. Where Will the Arbitration Be Held?

You can bring the arbitration in either California or in the state where you live if there is a JAMS or AAA in that state. In the event that MPX initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case MPX may initiate the arbitration in California.

III. MPX Agreement

A. Use of the Site by Minors

If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. MPX does not accept the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18. Registration of a minor is permitted for MPX classes only, and must be completed in person at our studios with a parent or guardian. Minors who are at least 12 years of age, meet the minimum height requirement of 4'11", who have submitted a Minor Waiver Form signed by a parent or guardian, may sign up for MPX classes online.

B. Reservations/Charges/Classes and Gift Cards

In order to make a reservation, you must first buy a single class, class pack or membership. Single classes, class packs and membership are available for purchase after establishing an account with MPX, either through our website or our mobile app. Clients may book up to four (5) Machines per account in a any MPX class. Reach out to MPX studio to ask about advanced group booking options. MPX reserves the right to hold up to ten (10) Machines and/or spots in each class.

In addition to classes and series of classes, you can also buy a gift certificate. MPX’s gift certificates are called "gift cards". Gift cards never expire and the person that you are giving them to can use his or her gift card(s) to buy classes or to buy any kind of merchandise. Once a class is purchased using a gift card, it will expire, just like any other class you buy.

Gift cards and classes are not the same thing. Unlike gift cards or gift certificates, classes are for our strength and, separately, our mobility classes only. You cannot give classes to another as a gift. When you buy a class, you are only entitled to use that class to book a Machine at a particular time. You cannot redeem your class for cash and you cannot transfer it to another client or community member.

Classes do expire. The expiration dates are posted in the description of the class or series of classes on the Website and the App and listed on your receipt. If, however, you get jammed up and cannot book a Machine/class in time, just give us a call, stop by the studio, or e-mail us and we can help you.

Future class prices are subject to change, but MPX will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made in the MPX studio. You can reserve classes online up to 4 weeks in advance (rolling schedule opens Sunday at 5 PM PST), but not later than 1 hour prior to class time.

Your credit/debit card will be charged for your order when you buy your class or series of classes, not when you book your Machine. MPX will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that MPX may incur in its efforts to collect any unpaid balances from you.

C. CONSUMERS' RIGHT TO CANCELLATION

You have the right to cancel your purchase of MPX classes. In general, you may cancel your purchase of one class or a class pack at any time before midnight of the fifth business day after the date of your purchase, excluding Sundays and holidays. You may cancel your purchase of a membership within 45 days after your purchase. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to hello@mpxstrength.com or MPX Strength Studio LLC., 887 Oak Grove Ave, Unit A, Menlo Park, CA, 94025, Attention: MPX Cancellation.

MPX will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation. Clients shall have the option to receive the refund either to the original method of payment or MPX store credit.

For Memberships, MPX will pause an account for no less than fourteen consecutive days during one (1) six-month period. After the duration of the pause has expired, regular billing on the membership will occur.

D. ADDITIONAL RIGHTS TO CANCELLATION OF PURCHASE OF CLASSES OR SERIES OF CLASSES

You or your representative may also cancel your purchase of a class or series of classes for any of the reasons listed below. To do so, you must give us written notice, by e-mail or certified or registered mail to hello@mpxstrength.com or MPX Strength Studio LLC., 887 Oak Grove Ave, Unit A, Menlo Park, CA, 94025, Attention: MPX Cancellation.

You may cancel your contract in any of the following circumstances.

• If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, MPX will refund you the purchase price of your unused class or classes.

• If you die, MPX will refund your representative the purchase price of your unused class or classes.

• If you move your residence more than 25 miles from the MPX studio location, you may cancel your purchase and MPX will refund the purchase price of your unused class or classes. Depending upon where you live, you may be charged a cancellation fee.

• If MPX stops offering classes, you may cancel your purchase.

E. Cancellation Policy for Reservations

In order to cancel a reservation in a MPX class and return it to your account, you must unreserve by 5 PM the night prior to the class. Once your reservation is cancelled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven't cancelled by 5 PM the night before, your scheduled class will be charged to your series.

You can cancel your reservation in the following ways:

1.     Log into your account on the Website or the App, and, next to the class you wish to cancel, press "cancel".

2.     Email hello@mpxstrength.com with the subject line: “Urgent – Class cancellation” by 5 PM the night prior to class.

Please note, in fairness to all our customers, MACHINES WILL BE RELEASED 5 MINUTES BEFORE CLASS BEGINS. In the event that you do not unreserve your Machine by 5 PM the night prior to class, or if you do not claim your Machine at least 4 minutes before class begins, then MPX shall have the right, without any credit or refund to you, to allow others to reserve or use your Machine for a fee.

FOR CLIENTS AND COMMUNITY MEMBERS RUNNING LATE: We ask that you call OR email the studio to let us know you are on the way. If you call the front desk at least 5 minutes before class begins, we will hold a reservation until class begins.

FOR CLIENTS AND COMMUNITY MEMBERS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.

F. Types Class Formats Offered at MPX

MPX offers the following classes at its discretion, some of which are offered only periodically while others are offered on a recurring basis:

Strength45: The original strength class! Our signature 45-minute full-body will challenge clients of all fitness levels to strengthen and stabilize, in a fun and upbeat environment.

Strength60: Our challenge for clients that want an extra 15 minute push on the weekends. We recommend clients are familiar with the routine and moves from Strength 45 before attending our Strength60 class.

Community Class: Come take a class on us and cheer on our newest MPX instructors! We will ask for feedback at the end of class.

Mobility30: Our recovery class, 30 minutes dedicated to improving joint and muscle range of motion.

Private: Want more focused and hands-on attention? Schedule a private class with us and get 45 minutes of one-on-one training with our excellent instructors.

H. 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 MPX, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in strength training 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 MPX Safety Instructions are posted on MPX’s 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 MPX staff, you would be at physical risk using MPX’s Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish MPX with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing MPX concerns and stating that MPX 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 not, (2) release, indemnify, and hold harmless MPX, 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 MPX’s Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, (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 MPX Classes and Facilities, and should not be participating in any Classes (d) are fully vaccinated against the COVID-19 virus, will show proof of vaccination upon first class and agree to properly wear a mask that covers your nose AND mouth for the entire duration you are inside the studio (with the exception for drinking water). MPX will abide by state and local guidelines to reduce the spread of COVID-19, and will notify all clients if there is a time in the future when masking is not required.

I. Links/Third Party Websites

MPX has not reviewed all the sites linked to the Website and/or App, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the MPX logos, please understand that it is independent from MPX, and that MPX has no control over the content of that website and/or app. Going to third party or off-site websites from the Website and/or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with MPX.

J. Texts and Calls

We may offer you the ability to receive texts and calls in connection with our services. If you opt-in to receive texts and calls, you agree that MPX may send you reoccurring texts and calls (including prerecorded and/or by autodialer) to the phone number you provide for transactional and marketing purposes in accordance with the terms of your opt-in. You can opt-out of receiving texts or calls to your phone number at any time by (i) for texts, texting "STOP" in response to any text you receive from us or contacting us at hello@mpxstrength.com and specifying you want to opt-out of texts to your phone number; and (ii) for calls, requesting opt-out during any call you receive from us or contacting us as at hello@mpxstrength.com and specifying you want to opt-out of calls to your phone number. For texts, you can also text "HELP" at any time for more information. We may send you a text confirming any opt-out by you and any such opt-out is limited to the phone number used and will not affect subsequent or separate subscriptions. You understand that your consent is not required as a condition of purchase. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phones and/or carriers are supported. Contact your carrier for further details. Additional terms may apply as set out in the terms of your opt-in.

K. Intellectual Property Rights

The trademarks and trade dress of MPX are proprietary to MPX and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, MPX. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.

Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of MPX, is strictly prohibited.

You acknowledge that MPX and/or third party content providers remain the owners of all Website and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. MPX may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.

L. Not Authorized to Perform Data Mining

You are not authorized without the prior written permission of MPX to use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website and/or App or accessed through this Website and/or App. You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.

M. Not Authorized to Use This Website for Commercial Purposes

Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of MPX’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website and/or App in connection with the sale or resale of any MPX products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, MPX material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, user's permission to use MPX material will automatically terminate and any copies made of MPX material must be immediately destroyed.

Any unauthorized use of MPX material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

N. Warranty Disclaimer and Limitation of Liability

In no event will MPX be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, your purchase of MPX classes, your rights to cancel your purchase of MPX classes, your registration for classes, your purchase of merchandise, your communication with MPX, and your use of and attendance at MPX studios, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if MPX expressly advised of the possibility of such damage.

All information, goods, services, products and experiences are provided by MPX on an "as is" basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. MPX provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

O. Choice of Law

The Terms are governed by the laws of the State of California, without regard to California’s choice of law provisions, except for any disputes concerning the interpretation and enforcement of the above Arbitration Agreement, which shall be governed by the Federal Arbitration Act. Except as provided above as to those Disputes you or MPX submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought California.

P. Acceptance of Terms

By using the Website or App, purchasing a MPX class, registering for a MPX class, booking a Marchine, purchasing merchandise, and/or using or attending a MPX class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website or App, purchasing a MPX class, registering for a MPX class, booking a Machine, purchasing merchandise, and/or using or attending a MPX class.

Occasional changes may be made to this document to reflect changes in MPX policies. The Terms may be revised at any time by updating this posting. By using the Website or App, by buying MPX classes, registering for classes, booking Machines, buying merchandise, and/or using and attending MPX studios, you agree to be bound by any such revisions. Clients and community members are encouraged to check this document periodically to stay informed of current guidelines.

Q. Contact Us

If you have any questions about these Terms you can reach us hello@mpxstrength.com