ONE PERCENT BETTER LLC

Customer Terms and Conditions

Please read these Terms of Service (“Agreement”) carefully before using the facilities, services, or programs offered by One Percent Better LLC (“OPB”, “we”, “us”, “our”). By accessing or using our services, you (a “Participant” or a “Member” as each is defined below) agree to be bound by the terms outlined below. This Agreement shall apply to all participants in any services provided by OPB (each a “Participant”) and to any Participant who may have an active monthly or yearly membership with OPB (each a “Member”). All Members shall be deemed Participants for purposes of this Agreement.

1. Acceptance of Terms

By signing this Agreement or using the facilities, you acknowledge that you have read, understood, and agree to comply with these Terms of Service.

2. Eligibility (Age Requirement)

You must be at least eighteen (18) years of age to use the facilities independently. Individuals under eighteen (18) years of age may only use the facilities with the signed consent of a parent or legal guardian, who agrees to these Terms on their behalf.

3. Classes, Membership and Access

  1. Classes may also be purchased in pre-bundled and OPB offered class packs (each a “Class Pack”).
  2. Individual Classes may be cancelled up to 4 hours prior to the start of the booking window (when the Class is set to start) without penalty. If a Class is canceled by Participant within the 4 hour window a $10 late cancellation fee shall apply and be charged to the Participant. Participants must be checked in by the scheduled start time for the Class. A Participant who arrives after the scheduled start time will be considered late and a $10 late fee shall apply and be charged to the Participant. If a Participant fails to show for a Class or arrives thirty (30) minutes or more after the scheduled start time for the Class, the Participant will be deemed a no-show and charged a $20 no-show fee. For Class Packs, Participant will be charged the above fees and a Class credit will be returned to the Participants account.
  3. Classes and Memberships are non-transferable and may not be shared unless explicitly permitted.
  4. Participants are responsible for all individuals they allow or assist in gaining access to the facility using their membership, access credentials, key fob, access card, mobile access, or any other means of entry.
  5. All sales of all Memberships, Classes, and Class Packs are final, and no refunds will be given. Cancellations and the payment of Membership fees are subject to Section 9 of this Agreement.

4. Code of Conduct

All Participants and guests are expected to behave respectfully and responsibly. The following actions are prohibited:

  1. Harassment, intimidation, or inappropriate behavior toward staff or other Participants;
  2. Misuse or damage of equipment or facilities;
  3. Use of the facility while under the influence of drugs or alcohol; and
  4. Failure to follow posted rules or staff/instructor instructions.

OPB reserves the right to suspend or terminate access for violations of this code.

5. Health and Safety

You agree to use equipment and participate in activities safely and responsibly. You are responsible for understanding your own physical limits and for consulting a healthcare provider if needed before engaging in exercise programs.

6. Personal Property

OPB is not responsible for lost, stolen, or damaged personal belongings. Participants are encouraged to secure their items appropriately.

7. Scheduling and Classes

Classes, programs, events, and services may require advance booking and are subject to availability. OPB reserves the right to modify or cancel schedules, programs, event, Classes, or services at any time.

8. Payments and Fees

All Membership fees, Class fees, and other charges must be paid as agreed. Late payments may result in suspension or termination of access. Fees are non-refundable unless otherwise stated in writing.

  1. The Participant acknowledges and agrees that OPB may charge any additional credit card or other payment method that the Participant has provided or authorized on their account when necessary to cover recurring Membership costs, unpaid balances, approved fees, or other charges owed under the Membership agreement.
  2. Providing multiple payment methods does not cancel, replace, or modify the Participant’s financial responsibility for amounts due. Participants are responsible for maintaining valid payment information on their account and ensuring that sufficient funds or available credit are available when charges are processed.
  3. If a primary payment method is declined, expired, or otherwise unavailable, OPB may attempt to process the amount due using another authorized payment method on the Participant’s account.

9. Cancellations, Termination and Freeze

  1. The purchase of individual Classes or Class Pack(s) are final and non-refundable. Classes are subject to the cancellation policy found in Section 3(b) of this Agreement.
  2. FUTURE ONE PERCENTERS, 12 MONTH COMMITMENT. A FUTURE ONE PERCENTERS, 12 MONTH COMMITMENT Membership shall be for an initial one (1) year term from the initial date of purchase (the “Initial 12 Month Commitment Term”). During the Initial 12 Month Commitment Term, a Member may cancel the Membership but will be responsible for full payment equal to half of the Member’s remaining membership fee for the remaining months of the Initial 12 Month Commitment Term. After the Initial 12 Month Commitment Term, the FUTURE ONE PERCENTERS, 12 MONTH COMMITMENT Membership shall be a month-to-month membership (the “Converted Month-to-Month Membership”). The Converted Month-to-Month Membership shall automatically renew each month, unless the Member provides OPB with at least thirty (30) days’ notice prior to such automatic renewal of Member’s intention for the Converted Month-to-Month Membership not to renew.
  3. FUTURE ONE PERCENTERS, MONTHLY AUTO-RENEW. A FUTURE ONE PERCENTERS, MONTHLY AUTO-RENEW Membership shall be for an initial two (2) month term from the initial date of purchase (the “Initial Monthly Auto-Renew Term”). After the Initial Monthly Auto-Renew Term, the FUTURE ONE PERCENTERS, MONTHLY AUTO-RENEW Membership shall automatically renew each month, unless the Member provides OPB with at least thirty (30) days’ notice prior to such automatic renewal of Member’s intention for the FUTURE ONE PERCENTERS, MONTHLY AUTO-RENEW Membership not to renew.
  4. Membership Freeze. A Member may freeze the Member’s Membership one (1) time during each calendar year for a period of up to three (3) consecutive months. During an approved freeze, the Member’s regular Membership fees will be suspended and the Member will instead be charged a $25 freeze fee for each month that the Membership remains frozen. OPB may waive the monthly freeze fee for a freeze requested for medical reasons, including postpartum recovery, in OPB’s discretion. Any fixed Membership term will be extended by the length of the applicable freeze period.
  5. OPB reserves the right to terminate or suspend a Membership at its discretion for violations of this Agreement.
  6. Please be advised that cancellation of your Membership does not result in an immediate termination of billing obligations. The Participant will continue to be charged as set forth herein. Any FUTURE ONE PERCENTERS, 12 MONTH COMMITMENT Membership that is cancelled during the Initial 12 Month Commitment Term will result in the Member being responsible for the payment of half of the Member’s remaining membership fee for the remaining months of the Initial 12 Month Commitment Term.
  7. It is the Participant’s responsibility to ensure that all necessary forms are accurately filled out and properly submitted. At the time any Membership ends, Participants remain responsible for all outstanding balances, fees, and charges associated with their account.

10. Facility Hours and Changes

Operating hours at facilities may vary and are subject to change without notice due to holidays, maintenance, or other circumstances. Such changes may effect the time at which services are provided.

11. Intellectual Property

Any materials, branding, or content provided by OPB are the property of the business and may not be used or reproduced without permission.

12. Limitation of Liability

Prior to engaging in any of OPB’s services, Participant must sign OPB’s Release and Waiver of Liability as provided to Participant. The Release and Waiver of Liability shall apply to the provision of services by OPB to Participant. To the fullest extent permitted by law, OPB shall not be liable for any indirect, incidental, or consequential damages arising from your use of the facilities or services.

13. Governing Law; Jurisdiction; and Waiver of Jury Trial

This Agreement shall be governed by and interpreted in accordance with the laws of the state of Missouri. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the state or federal courts of the State of Missouri, and Participant irrevocably submits to the exclusive jurisdiction of such courts. PARTICIPANT IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, AND APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.

14. Changes to Terms

OPB reserves the right to update or modify these Terms of Service at any time. Continued use of the facilities constitutes acceptance of any revised terms.

15. Entire Agreement

This Agreement and the Release and Waiver of Liability required under Section 12 herein, constitute the entire understanding between you and OPB regarding use of the facilities and services.