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Terms and conditions for Basic Membership - Month to Month

MEMBERSHIP AGREEMENT


This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Vertical Arts Studios LLC d/b/a Aerial Arts of Rochester., located at 565 Blossom Road. Rochester NY 14610, and you the member. Aerial Arts of Rochester is an aerial fitness studio offering circus training, aerial and pole fitness classes in addition to private instruction. This Agreement entitles members access to participate in these classes.
Please review this Agreement thoroughly as it is a legal contract between Aerial Arts of Rochester and all members. By using the services offered at Aerial Arts of Rochester, members are agreeing to the terms of this Agreement.


PURCHASES AND PAYMENT


PAYMENT SUMMARY: Monthly memberships are paid at the time of purchase however, you may choose the day the plan starts. This date will then become your billing due date for your monthly membership. For example; You purchased the plan on June 15th, but choose to start on July 6th. Your next payment would then be due on August 6th. Monthly membership payments shall be made on a reoccurring basis on the date you choose to start your plan, via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below. Each membership states the class packages at the time of purchase.
In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.


HOLD POLICY: Members can place a one time complimentary “freeze hold” on their membership for up to 6 months. Additional freeze holds will cost $15.00 each. Exceptions will be considered (ie; pregnancy, military duty, etc.) Hold Requests must be sent via email to aerialartsrochester@gmail.com no less than 7 business days prior to the freeze date. The freeze request must state both the freeze start date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze end date.


CLASS CANCELLATION AND BOOKING POLICIES


GENERAL: Students may enroll into the appropriate level class in which they have been approved or have completed the necessary requirements. This means if you are a Level 2 student, you may not attend level 3 unless you have the permission from your instructor. You may however, take any classes at your current level or below. RESERVING CLASSES: Clients are solely responsible for the booking and cancelling of their classes. Clients may enroll and remove themselves from classes via their Pike13 client account or other approved software. You may also download the Pike13 application to a mobile device.


WAITLIST: Clients who are on a waitlist will be notified via Pike13 up to a minimum of 4 hours in advance that a space has become available and you will be moved into the class. This process will happen automatically, therefore it is important that you check your notifications. If you do not show up for class because you were unaware, Aerial Arts of Rochester will deduct a visit from your plan or charge a no show fee.


SIGN-IN: Clients are required to sign into their scheduled class no less than 2-minutes prior to the scheduled start time. If a client does not sign into class within such time, Aerial Arts of Rochester reserves the right to give your spot to someone who may have walked in. *Please note this policy is current modified to comply with CDC guidelines. Please check in with your instructor or with the front desk staff.


CANCELLATIONS: Reservations may be cancelled without penalty up to 8 hours in advance. This means you must remove yourself from a class no less than 8 hours prior to the class start time or a $5.00 late cancellation fee will be charged to the card on file. Once you have removed yourself from the class 8 hours or more in advance Pike13 will automatically return your class to your account for future use. You may call during business hours and cancel a class reservation IF you are able to speak to someone over the phone (they will make note of this in your account) or cancel in person. Cancellations will NOT be accepted via email, text message, facebook or by voicemail.


NO SHOW: For clients who have made reservation and do not show up for the class/workshop/lesson, a visit will be deducted from your plan or pass.



SINGLE VISITS: If you do not cancel 8 hours in advance, we reserve the right to charge your card $5.00 fee for late cancellation. MONTHLY MEMBERSHIPS: If you do not cancel your class within the 8-hour window, a $5.00 late cancellation fee will be charged to your card on file. If you book multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. Aerial Arts of Rochester staff cannot be held responsible for accidental bookings by clients, double bookings, or double waitlisted classes made by members.


PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO RENEW


PACKAGE PURCHASES: By purchasing a membership from Aerial Arts of Rochester, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members. Auto-Renew contract members are required to keep a current credit card on file.



CREDIT CARD ON FILE: Members may elect to keep a credit card on file using their Aerial Arts of Rochester Pike13 account online. By placing a card on file, the cardholder and account holder gives permission to Aerial Arts of Rochester to charge the card for any auto-renew packages and/or cancellation fees accrued in accordance with the Aerial Arts of Rochester, cancellation policy detailed above.


AUTO-RENEW: By enrolling in an auto-debit contract, you authorize Aerial Arts of Rochester to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your membership auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Aerial Arts of Rochester will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your Membership Agreement and/or in connect with cancellation fees per the cancellation policy. Aerial Arts of Rochester may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) the Pike13 booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. Aerial Arts of Rochester cannot be held responsible for errors in processing due to expired or inaccurate information.


CANCELLATION OR ADJUSTMENTS TO MEMBERSHIP AGREEMENT BY MEMBER


You have 5 business days from the date of purchase to cancel your membership, however if you used any visits during that time, you are still responsible to pay for any visits used at the single visit pricing.



You must provide Aerial Arts of Rochester with written notice via electronic mail to cancel, no less than (7) business days prior to your billing due date. Billing due dates vary as you are able to choose when your membership plan begins. Refer to your client account via Pike13 to should you need to reference your personal billing due date. Failure to provide timely notice will result in a charge for the full amount of your next billing payment.
You may cancel our Month to Month Membership at anytime (read details below for requirements). When you cancel, you have a choice;


1) Keep your visits for the remainder of your billing month and any unused visits would be forfeit.
2) Pay for any visits used at single visit price and you will be refunded the difference.


Please be aware that refunds will not be backdated. Meaning that, until you provide the studio with 7 business days written cancellation notice you are not eligible to receive a refund for unused visits in previous months.
Three Month Memberships may not be cancelled before the minimum commitment as they provide discounts and other benefits, however a one time complimentary “freeze hold” maybe placed on the account for up to six months (see details above).


If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Aerial Arts of Rochester, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended and Aerial Arts of Rochester reserves the right to pursue additional avenues or means to collect monies owed.
This Membership Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive Aerial Arts of Rochester’s services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability); and (2) the member moves further than thirty (30) miles from Aerial Arts of Rochester and any other studio locations. The member shall provide proof of new residence.


UPGRADING OR DOWNGRADING: Members wishing to change their memberships (or in any other way modify their contracts) must sign a new membership agreement and the plan would restart once again. Membership upgrades will be accepted and processed at anytime, however you will be responsible for paying the difference in price if any. A differential cost would also apply for Membership downgrades (to a lower price membership) depending on the class visits used under the previous plan. You will however not lose your unused visits paid during your previous plan providing you stay on any 3 Month Membership Commitment plan. The studio will transfer them into your client account for use and you will have up until your new membership commitment plan ends. Any new plans will then start the following month.
Membership prices are subject to change. In the event of a change in membership price increase, Members will be notified via email of any price increase to their memberships. They will be notified one month or more prior to the change with the opportunity to submit a 30 day written cancellation or change notice.


MISCELLANEOUS


CLASS INFORMATION: Class schedule is subject to change without notice. Please check our website or the Pike13 app for up to the minute changes, additions, and/or cancellations.


MEMBERSHIPS: Memberships are non-refundable and non transferable. Memberships can not be shared between members.


HOLIDAYS & STUDIO MAINTENANCE: The studio will be closed for all major holidays and some non-major holidays. It is up to the studios discretion as to whether or not to host classes. For safety and equipment checks, the studio reserves the right to close for any maintenance, etc.


CONDUCT/DAMAGES: Aerial Arts of Rochester is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Aerial Arts of Rochester’s rules and regulations or who abuse equipment in any fashion will be asked to leave. Aerial Arts of Rochester has the right to determine behavior and respond accordingly. This right includes but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Aerial Arts of Rochester’s property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent /child. Not all rules and regulations are listed in this agreement. Aerial Arts of Rochester reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Aerial Arts of Rochester.