Terms & Conditions

Terms and Conditions & Policies

Agreement between user and www.Ascent.Fitness

Welcome to www.Ascent.Fitness. The www.Ascent.Fitness website (the “Site”) is comprised of various web pages operated by Define Training LLC, d/b/a Ascent Fitness (“Define Training”). www.Ascent.Fitness is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.Ascent.Fitness constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

www.Ascent.Fitness is a E-commerce Site

These are the terms and conditions which apply to your use of the Ascent Fitness Website (the “Website”) and the purchase of Goods and Services from us. You should read these Conditions carefully before using this Website, the App, or purchasing any Goods or Services from us. If you do not agree to these Conditions, you must not use this Website. This Website and the Goods and Services displayed on it are provided by Define Training LLC d/b/a Ascent Fitness and its subsidiaries, collectively referred to in these Conditions as “Define Training”, “we, “us” and “our”. When we refer to “you” and “your” we mean the user of this Website purchaser of Goods or user of our Services.

 

Privacy

Your use of www.Ascent.Fitness is subject to Define Training’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting www.Ascent.Fitness or sending emails to Define Training constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Cookies

Define Training may collect information about online behavior to better serve its customers by using cookies.  This helps us improve our website and service and personalizes the experience for the user.  Cookies contain identification information to see interaction with the site and patterns of browsing behavior but do not contain any personally identifiable information.

 

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Define Training is not responsible for third party access to your account that results from theft or misappropriation of your account. Define Training and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Define Training does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.Ascent.Fitness only with permission of a parent or guardian.

 

Cancellation/Refund Policy

In order to cancel an Ascent Fitness class, you must unreserve by no later than 12 hours before your class is scheduled. Once your class is cancelled, the class will be returned to your series to be used at a future date. If you do not cancel 12 hours before your class, you will be charged for the class and it will be taken out of your series.

If you have purchased an unlimited month series, you will be charged a $10 late cancellation fee if you do not cancel at least 2 hours before the scheduled class.

You can cancel your reservation in the following ways: 1) Log into your account and cancel the class you wish to cancel. 2) Call the studio at (832) 925-7473.

Series Returns – All series sales are final, no refunds for cash or credit will be provided after the purchase of a series.

 

Late Show Policy

New customers must show up 15 minutes early.  New customers will not be allowed into the class less if they do not arrive at least 10 minutes early.  New customers must be shown set up on the computer systems on the bike, set up heart rate monitors and paired, sign a waiver, and set up on the bike.  Because the bikes are so different than any other spin bikes, there is no way to let a new customer into a class late without disrupting the class and causing safety issues.  If you have been to Ascent before, you must call beforehand if you know you are running late.  If you have been to Ascent before, wee can let you into the class up to five minutes late as long as there is a seat close to the entrance and will not disrupt the class.  It is up to the sole discretion of the staff to decide if your entrance to class will be disruptive or not.  If it is determined the class is too full and may disrupt it, you will not be let in late.  If you do not call beforehand, we cannot guarantee your seat will not be given to standby customers.

 

Problematic Issues

Ascent reserves the right to stop contracts or entrance to anyone who acts in way that is deemed aggressive or abusive  by staff or other students.  Loud, obnoxious sounds are not permitted within the studio.  A warning for the noises will be given and if the behavior is not stopped, Ascent reserves the right to terminate the package or contract.

 

Purchase Policy

Your rights to redeem classes in any Series that you purchase are effective through the expiration date of the Series, unless terminated earlier. These Terms of Service will terminate immediately without notice to you upon the earlier of: (i) notice of your election to cancel your account; (ii) the posting of a new version of these Terms of Service with notice to you (which you agreed that we may provide by any means, including without limitation, by posting the new version on the this website), in which case the new terms will apply to you; or (iii) your breach or failure to comply with these Terms of Service or generally undesirable behavior, as determined by us in our sole discretion (in which case you will not be entitled to a refund of any prepaid classes that are unused from a Series). If you do not have an outstanding Series in your account, we may terminate or suspend your account with or without notice, at our sole discretion. We also reserve the right to terminate these Terms of Service and your account without prior notice and without liability to you upon request by government and/or law enforcement agencies. If your account is terminated for any reason, you agree that we may keep your information on our servers for a reasonable time thereafter to enable you to easily renew if you so desire. The Section entitled “Waiver and Release,” the General Terms and Conditions incorporated herein and the representations made by you in the Section “Health Representations” shall survive expiration or termination of these Terms of Service

 

Links to third party sites/Third party services

www.Ascent.Fitness may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Define Training and Define Training is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Define Training is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Define Training of the site or any association with its operators.

 

Certain services made available via www.Ascent.Fitness are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.Ascent.Fitness domain, you hereby acknowledge and consent that Define Training may share such information and data with any third party with whom Define Training has a contractual relationship to provide the requested product, service or functionality on behalf of www.Ascent.Fitness users and customers.

 

No unlawful or prohibited use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use www.Ascent.Fitness strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Define Training that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Define Training or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Define Training content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Define Training and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Define Training or our licensors except as expressly authorized by these Terms.

 

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

Define Training has no obligation to monitor the Communication Services. However, Define Training reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Define Training reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Define Training reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Define Training’s sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Define Training does not control or endorse the content, messages or information found in any Communication Service and, therefore, Define Training specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Define Training spokespersons, and their views do not necessarily reflect those of Define Training.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials provided to www.Ascent.Fitness or posted on any Define Training web page

Define Training does not claim ownership of the materials you provide to www.Ascent.Fitness (including feedback and suggestions) or post, upload, input or submit to any Define Training Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Define Training, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. Define Training is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Define Training’s sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Third Party Accounts

You will be able to connect your Define Training account to third party accounts. By connecting your Define Training account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

International Users

The Service is controlled, operated and administered by Define Training from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Define Training Content accessed through www.Ascent.Fitness in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Define Training, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Define Training reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Define Training in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DEFINE TRAINING LLC, D/B/A ASCENT FITNESS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

DEFINE TRAINING LLC, D/B/A ASCENT FITNESS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DEFINE TRAINING LLC, D/B/A ASCENT FITNESS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEFINE TRAINING LLC, D/B/A ASCENT FITNESS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DEFINE TRAINING LLC, D/B/A ASCENT FITNESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/access restriction 

Define Training reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Define Training as a result of this agreement or use of the Site. Define Training’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Define Training’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Define Training with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Define Training with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Define Training with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Refund/Returns

Term and Termination: Your rights to redeem classes in any Series that you purchase are effective through the expiration date of the Series, unless terminated earlier. These Terms of Service will terminate immediately without notice to you upon the earlier of: (i) notice of your election to cancel your account; (ii) the posting of a new version of these Terms of Service with notice to you (which you agreed that we may provide by any means, including without limitation, by posting the new version on the this website), in which case the new terms will apply to you; or (iii) your breach or failure to comply with these Terms of Service or generally undesirable behavior, as determined by us in our sole discretion (in which case you will not be entitled to a refund of any prepaid classes that are unused from a Series). If you do not have an outstanding Series in your account, we may terminate or suspend your account with or without notice, at our sole discretion. We also reserve the right to terminate these Terms of Service and your account without prior notice and without liability to you upon request by government and/or law enforcement agencies. If your account is terminated for any reason, you agree that we may keep your information on our servers for a reasonable time thereafter to enable you to easily renew if you so desire. The Section entitled “Waiver and Release,” the General Terms and Conditions incorporated herein and the representations made by you in the Section “Health Representations” shall survive expiration or termination of these Terms of Service.

 

 

Changes to Terms

Define Training reserves the right, in its sole discretion, to change the Terms under which www.Ascent.Fitness is offered. The most current version of the Terms will supersede all previous versions. Define Training encourages you to periodically review the Terms to stay informed of our updates.

 

Waiver and Liability Release to Participate

Release and Indemnity:
I hereby agree to release and indemnify (that is, defend and pay or reimburse) Define Training LLC, its members, owners, officers, directors, employees, volunteers and contractors (the “Released Parties”) with respect to any and all claims, of whatever nature, for property damage and personal injury, including emotional trauma and death, which I might incur as a result of my being enrolled in or participating in an activity of Ascent otherwise being on its premises. This agreement of indemnity includes claims of members of my family for losses suffered by me, and claims of third parties, including other visitors, for any injury or loss claimed to be caused in whole or part by me. These agreements of release and indemnity include claims arising in whole or in part from the negligence (but not the gross negligence) of a Released Party.
Release and Indemnit: I hereby agree to release and indemnify (that is, defend and pay or reimburse) Define Training LLC, its members, owners, officers, directors, employees, volunteers and contractors (the “Released Parties”) with respect to any and all claims, of whatever nature, for property damage and personal injury, including emotional trauma and death, which I might incur as a result of my being enrolled in or participating in an activity of Ascent otherwise being on its premises. This agreement of indemnity includes claims of members of my family for losses suffered by me, and claims of third parties, including other visitors, for any injury or loss claimed to be caused in whole or part by me. These agreements of release and indemnity include claims arising in whole or in part from the negligence (but not the gross negligence) of a Released Party.
Other: Ascent may take photo and other images of Participant, and use these images for advertising or other purposes, without compensation. If the participant would like to opt out of this, they must fill out and opt out form. In the event of an emergency, Ascent staff is authorized to provide or obtain such care as it considers necessary, at the expense of Participant. In the event of a dispute between Participant and a Released Party, any suit must be filed and maintained in the Courts of Harris County, Texas and the substantive laws of the State of Texas will be applied. This agreement will continue in full force and effect and will apply to future visits by Participant, unless and until it is cancelled by the parties, in writing.

Contact Us

Define Training welcomes your questions or comments regarding the Terms:

 

Define Training LLC, d/b/a Ascent Fitness

1911 W. Alabama St, Ste C

Houston, Texas 77098

 

 

Email Address:

info@ascent.fitness

 

Telephone number:

(832) 925-7473

 

Effective as of March 26, 2015

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