Studio EMS Membership Terms & Conditions
These Studio EMS Membership Membership Terms and Conditions (“Terms'') apply to your Studio EMS Membership Membership (“Membership”) and all services provided by Studio EMS in connection therewith. By signing this agreement or booking services with Studio EMS (such date the “Effective Date”), you agree that you have read, understand and agree to be bound by these Terms. Studio EMS may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by Studio EMS, which shall be communicated to you in writing.
Membership Rules
Recurring Session. You agree to schedule one (1) or two (2) recurring weekly sessions with the Studio EMS. The recurring session time(s) will be agreed to on the Effective Date.
Minimum Term. You agree that you will not cancel your membership prior to meeting your six (6) week Minimum Term. The Minimum Term must be met within ten (10) weeks of the signup date, and at this time any unused sessions will be charged to the card on file. Credits for unused sessions will be added to the members account.
Credits. Session credits never expire and are valid at any location and are transferable. If prices and services change we will transfer your credit in dollar amounts to the closest service. Unused credits in your account will automatically be applied to the Weekly Membership Fee when sessions are redeemed.
Pausing Your Membership. Members can pause their membership at any time for up to three (3) consecutive weeks while still locking in their membership rate. Members can pause their membership by texting their local Studio EMS. If members pause for more than (3) weeks they can sign up again at any time but will be subject to the current membership rate in their city.
Rescheduling Sessions. Members must follow the Studio EMS cancellation policy. Sessions must be rescheduled or canceled more than twelve (12) hours ahead of your appointment time to avoid Late Cancellation or Late Rescheduling Fees. Members may cancel their sessions directly on the Studio EMS website or by texting their local Studio EMS.
Downgrading Membership Tier. Members who sign up for more than one (1) weekly single session may downgrade their membership after the minimum commitment is met by texting their local Studio EMS. Members who select the twice (2) weekly session membership tier but only train one time in a week will be charged at the once (1) weekly session rate for that week. Clients who sign up for the 2 Person Membership may train as a 1 Person Member at the 1 Person Membership rate with 12 hour notice.
Services. You are subscribing to one of the Studio EMS Membership service tiers at the rates and for the services (“Services”) as posted on the Studio EMS Website, which may be updated from time to time by Studio EMS in its sole discretion by providing notice to you. Booking any Service after notice of such change(s) to the service tiers shall constitute your consent to such service tier change(s). You acknowledge and agree that, unless you cancel your Membership, you will be scheduled for recurring weekly sessions based on the tier of membership that you selected. For scheduling purposes, you understand that the EMS Workouts are permitted every two (2) days.
Membership Term. If you are a new or returning member, you agree to an initial Membership term of six (6) sessions from the Effective Date (“Minimum Term”). During the Minimum Term, you will not cancel your Membership. After the Minimum Term for new members or if you are an existing member, your Membership shall continue unless otherwise modified or canceled by you or terminated by Studio EMS in accordance with these Terms.
Fees and Payment. All Payments Non-Refundable. You are responsible for and will be charged the current weekly fee associated with your selected service tier (“Weekly Membership Fee”) following each weekly EMS Session, unless your scheduled weekly session is canceled at least 12 hours prior to the service start time by you. You will provide Studio EMS up-to-date, valid payment information in the form of a credit or debit card in which you are the legal cardholder or you are authorized to use by the legal cardholder. You acknowledge and agree that you are providing such payment information in order for Studio EMS to collect payment for each completed session, unused session credit and for any late cancellation fees. You authorize Studio EMS to charge the provided payment information for your Weekly Membership Fee on or around the date of service. If your payment method is declined or is no longer valid, you will immediately supply alternative payment methods and pay any past due Weekly Membership Fees. In the event of your breach of these Terms, the entire remaining balance shall be immediately due and payable, and Studio EMS shall be entitled to suspend or terminate your Membership (in addition to all other remedies available under these Terms or at law, which Studio EMS does not waive by the exercise of any rights hereunder).
Payment Disputes. You acknowledge and agree that you are responsible for all Weekly Membership Fees unless and until you pause or cancel your Membership or your Membership is terminated by Studio EMS in accordance with these Terms. You agree to immediately notify Studio EMS in writing in the event of a dispute for any charged amounts and cooperate with Studio EMS in good faith to resolve such dispute. Further, you agree that you will not initiate a dispute with your card issuer in connection with Studio EMS’s billing of Weekly Membership Fees that are accurate and are billed prior to the cancellation or termination of your Membership.
Cancellation and Termination. To cancel your Membership, you must contact Studio EMS via text at 310-570-2944 or email info@thestudioems.com.
Studio EMS may terminate your Membership upon written notice to you for any reason or no reason. IN NO EVENT SHALL Studio EMS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT Studio EMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL Studio EMS’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR SERVICED PROVIDED HEREUNDER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED [TWO (2) TIMES] THE AGGREGATE AMOUNTS PAID OR PAYABLE TO Studio EMS IN THE [THREE (3) MONTH] PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. [DISPUTE RESOLUTION OPTION #1: These Terms and all matters arising out of or relating to these Terms or the Services provided hereunder, are governed by, and construed in accordance with, the laws of the State of California without giving effect to any conflict of laws provisions thereof that would result in the application of the laws of a different jurisdiction. Either party shall institute any legal suit, action, or proceeding arising out of or relating to these Terms or the Services provided hereunder in the federal or state courts in each case located in Los Angeles, California. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY: (A) CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE AFOREMENTIONED COURTS; AND (B) WAIVES ANY OBJECTION TO THAT CHOICE OF FORUM BASED ON VENUE OR TO THE EFFECT THAT THE FORUM IS NOT CONVENIENT; (C) WAIVES ANY RIGHT TO TRIAL BY JURY; AND (D) WAIVES PERSONAL SERVICE OF ANY SUMMONS, COMPLAINT, OR OTHER PROCESS, WHICH MAY BE MADE BY ANY OTHER MEANS PERMITTED BY CALIFORNIA LAW]. . [DISPUTE RESOLUTION OPTION #2 - ARBITRATION ALTERNATIVE: At its sole discretion, Studio EMS may require you to submit any disputes arising from or relating to these Terms, the Membership or the Services rendered, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. You hereby consent to submission of any dispute to be final and binding arbitration. In the event the Company does not require arbitration, the parties agree that a dispute arising from or relating to these Terms will be brought and tried in the federal or state courts located in Los Angeles, California. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter.