This website is operated by Flow State Performance Training, LLC and any subsidiaries ("FLOWSTATE", “FSPT”, "we", "us", or "our"). These terms and conditions ("Terms") govern your relationship with FLOWSTATE, including, but not limited to, your use of the FLOWSTATE Website www.flowstateperformancetraining.com (the "Website"), the PushPress Members App, and your purchase of FLOWSTATE classes or membership, your rights to cancel your purchase of FLOWSTATE classes, your registration for classes, and your use of and attendance at FLOWSTATE's premises.
These Terms incorporate by reference our Privacy Policy.
A. Informal Dispute Resolution
At FLOWSTATE, we believe every community member matters. Our goal is to do our best to ensure that every experience with FLOWSTATE 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 community@flowstate-pt.com or write to us at 32 Plymouth Ave, Mill Valley, CA 94941. 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 FLOWSTATE 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 FLOWSTATE initiates arbitration, it 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 FLOWSTATE 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 FLOWSTATE. 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 FLOWSTATE regarding any aspect of your relationship with FLOWSTATE, 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 FLOWSTATE 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 FLOWSTATE initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:
If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, FLOWSTATE 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 California (San Francisco or Sacramento).
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. FLOWSTATE 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 pre-approved classes only, and must be completed in person at one of our facilities with a parent or guardian. Any training or physical program for such minor will be reviewed and agreed with the parent or guardian.
B. Reservations/Charges/Classes and Gift Cards
In order to make a reservation, you must first buy a single class or a series of classes. To buy an individual class or series of classes online, you can either contact us directly or sign up here (https://www.flowstateperformancetraining.com/services-6) by using your e-mail and creating a password, or if you are already registered, click login to buy a series and make your reservation. This reservation option may also be available via the App. FLOWSTATE reserves the sole right to increase or decrease the number of participants and/or spots in each class.
Class or event based registrations do expire. The expiration dates are posted in the description of the class or series of classes on the Website and listed on your receipt. If, however, you get jammed up and cannot make the training in time, just give us a call, stop by the gym, or e-mail us and we can help you.
Future class prices are subject to change, but FLOWSTATE 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 Visa, MasterCard, American Express, JCB, Discover, and Diners Club cards and select peer-to-peer payment applications like Venmo, PayPal, or Zelle to be determined by FSPT. Cash payments may only be made at a FLOWSTATE location.
Your credit/debit card will be charged for your order when you buy your class or series of classes. FLOWSTATE 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 FLOWSTATE 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 FLOWSTATE classes. Your right to do so may vary depending on the applicable laws of each state in which FLOWSTATE operates gyms. In general, you may cancel your purchase of one class or a class series at any time before midnight of the fifth business day after the date of your purchase, excluding Saturdays, Sundays and holidays. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to membership@flowstate-pt.com.
FLOWSTATE will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation. Participants shall have the option to receive the refund either to the original method of payment or FLOWSTATE store/available credit.
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.
You may cancel your contract in any of the following circumstances.
E. Cancellation Policy for Reservations
In order to cancel a reservation in a FLOWSTATE class and return it to your account, you must unreserve your spot at least 2 hours prior to the class. Once your reservation is canceled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven't canceled at least 2 hours prior to the class, your scheduled class will be charged to your series.
You can cancel your reservation in the following ways:
Please note, in fairness to all our customers, SPOTS WILL BE RELEASED 5 MINUTES BEFORE CLASS BEGINS. In the event that you do not unreserve your spot 2 hours prior to class, or if you do not claim your spot at least 5 minutes before class begins, then FLOWSTATE shall have the right, without any credit or refund to you, to allow others to reserve or use your spot for a fee.
FOR PARTICIPANTS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the coach ahead of time.
F. Waiver and Release
FLOWSTATE requires that each participant sign a waiver to join in FLOWSTATE activities. If you have not already signed a waiver, 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 FLOWSTATE 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 fitness training involving free weights, body weight workouts, running, jumping, and exercise equipment in association with the Classes and use of the Facilities. You acknowledge that You have reviewed your participation of FLOWSTATE activities with your healthcare provider or other physical care provider and are aware that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. 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 FLOWSTATE staff, you would be at physical risk using FLOWSTATE's Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish FLOWSTATE with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing FLOWSTATE's concerns and stating that FLOWSTATE's concerns are unfounded.
In addition to any other waiver you have signed with FLOWSTATE, 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 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 FLOWSTATE and each of the 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 FLOWSTATE's 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 or healthcare provider to not participate in physical exercise.
G. Links/Third Party Websites
FLOWSTATE has not reviewed all the sites linked to the Website 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 FLOWSTATE logos, please understand that it is independent from FLOWSTATE, and that FLOWSTATE has no control over the content of that website and/or app. Going to third party or off-site websites from the Website is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with FLOWSTATE.
H. 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 FLOWSTATE 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 privacy@flowstate-pt.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 privacy@flowstate-pt.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.
I. Intellectual Property Rights
The trademarks and trade dress of FLOWSTATE are proprietary to FLOWSTATE 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, FLOWSTATE. 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 FLOWSTATE, is strictly prohibited.
You acknowledge that FLOWSTATE and/or third party content providers remain the owners of all Website 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. FLOWSTATE may discontinue or remove the Website, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.
J. Not Authorized to Perform Data Mining
You are not authorized without the prior written permission of FLOWSTATE 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 or accessed through this Website. You also may not engage in the mass downloading of files from this Website; use the computer processing power of this Website 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.
K. Not Authorized to Use This Website or App 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 FLOWSTATE'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 in connection with the sale or resale of any FLOWSTATE products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, FLOWSTATE's 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 FLOWSTATE's material will automatically terminate and any copies made of FLOWSTATE's material must be immediately destroyed.
Any unauthorized use of FLOWSTATE's material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
L. Warranty Disclaimer and Limitation of Liability
In no event will FLOWSTATE be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, or on any other linked/third-party website, your purchase of FLOWSTATE classes, your rights to cancel your purchase of FLOWSTATE classes, your registration for classes, your purchase of merchandise, your communication with FLOWSTATE, and your use of and attendance at FLOWSTATE's gyms, 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 FLOWSTATE expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by FLOWSTATE 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. FLOWSTATE provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
M. 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 FLOWSTATE submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in California.
N. Acceptance of Terms
By using the Website or App, purchasing a FLOWSTATE class, registering for a FLOWSTATE class, booking a spot, purchasing merchandise, and/or using or attending a FLOWSTATE class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website, purchasing a FLOWSTATE class, registering for a FLOWSTATE class, booking a spot, purchasing merchandise, and/or using or attending a FLOWSTATE class.
Occasional changes may be made to this document to reflect changes in FLOWSTATE's policies. The Terms may be revised at any time by updating this posting. By using the Website, by buying FLOWSTATE classes, registering for classes, booking spots, buying merchandise, and/or using FLOWSTATE's premises, you agree to be bound by any such revisions. Participants are encouraged to check this document periodically to stay informed of current guidelines.
O. Contact Us
If you have any questions about these Terms you can reach us at membership@flowstate-pt.com.
EFFECTIVE DATE: September 12, 2023