Terms of Use

Effective August 25, 2022

Thank you for using this service and visiting the website(s) of FitDistrict LLC, FitDistrict Studios LLC, and Energy Cafe LLC. We offer a three-modality group fitness experience (FitDistrict Studios) and a fast-casual restaurant (Energy Cafe) under one roof using the website (www.fitdistrict.com). These Terms of Use govern your access to and use of the Websites as well as the content, functionality, goods, and/or services offered through each website, our mobile application platforms (“App”), In-Person experiences, and our text messaging program (“Text Program”). The Websites, the App, the Text Program, In-person experiences, and the Activities are collectively referred to as the “Services”.  Throughout these Terms of Use, the terms “we”, “us”, “our”, and “ourself” refer to FitDistrict Studios and Energy Cafe, and the terms “you”, “your”, and “yourself” refer to any visitor to or user of the Services.

Please read these Terms carefully before using or accessing any of our websites. By accessing any part of our websites or checking a click-box or an “I accept” button or offering implied acceptance in any other way both in person or online, you: 1. Agree to be legally bound without limitation, or qualification to these Terms and the Privacy Policy located here (https://fitdistrict.com/privacy-policy-fitdistrict/); and 2. Represent that you are of the age of majority in your state of residency (age 18 or older depending on your state) or at least 13 years old and if a minor, that your parent or legal guardian has reviewed these Terms of Use and agrees to all terms and consent to and approve the foregoing Release, Waiver of Liability and Assumption of Risk. You consent to and approve your child’s attendance and use of Services. FitDistrict Studios and Energy Cafe reserves the right to deny any person entry, use, or access to Services at any time for any cause where we feel the safety is (or could) harm us, our Services, our employees, our members, and customers or you or your personal representatives. If you do not agree to one or more of the terms and conditions to these Terms of Use or if you are a minor child and your parent or legal guardian does not approve your use of Services or has not reviewed this Terms of Use, please exit immediately and make no further use of the Site.

FITDISTRICT STUDIOS AND ENERGY CAFE SERVICES

FitDistrict Studios and Energy Cafe provides Fitness and Restaurant services in Arlington VA at 2300 Wilson Blvd. Suite 110. We provide group fitness classes in the modalities of Yoga, Cycling, and Interval Training. We offer indoor and outdoor classes, virtual on-demand and live-streamed classes as well as other services and events at our Studios location and other locations. The Energy Cafe is a fast-casual restaurant offering food and beverage options and is attached to FitDistrict Studios, under the same roof, both online and at our physical location.

YOUR RISKS AND RESPONSIBILITIES

By enrolling in Services (online, the App, attending classes, events, programs, challenges, and activities, or signing this or any contract electronically or otherwise) with FitDistrict Studios and Energy Cafe whether online or in person or using FitDistrict equipment of any kind, you acknowledge and agree, on behalf of yourself, your personal representative, your heirs, and/or assigns (collectively “you” and/or “yourself”), that: 1. At FitDistrict Studios you are participating in an intense physical exercise program in an in-door fitness studio with a group of individuals, including intentionally heated exercise classes in our Heated Yoga Studio, and you have voluntarily chosen to participate in it;  2. Due to the intensity and strenuous nature of the fitness programs at FitDistrict Studios,  there are inherent risks and dangers; 3. You have been completely informed of the vigorous and intense nature of the exercise programs offered at FitDistrict Studios and the possibility of negative adverse physiological and psychological situations that may occur including, but not limited to:  fainting, vomiting, physical injuries or disabilities, irregular blood pressure,  heart attack, stroke, or death; 4. Other inherent risks exist from being in the environment of fitness studio group classes and restaurants such as the transmission of communicable diseases and viruses such as the Common Cold, the Flu, or Covid-19 that you might be infected with as a result of the services provided;     5. FitDistrict Studios encourages that you consult with your physician prior to attending any classes; 6. You assume all risk for your participation in our services, for your overall health and well-being, and fully release and hold harmless for any responsibility, cost, expense, or damages FitDistrict Studios and Energy Cafe, its employees, its instructors, and members for any harm, damages, injury or loss you may suffer, including death, as a result of participation in any activities or services at or directed by FitDistrict Studios and Energy Cafe.

If you are enrolling a minor (13-18) years of age, or older if applicable (in the minor’s state of residence), the above release applies equally to the minor. No one under 13 years of age may participate. No one below the height of 4’11 may participate in the cycling and interval studios due to equipment restrictions. A minor 13-18 years of age may participate only with consent from a parent or legal guardian present at the time of check-in.

You represent that all of the information and data that you provide to us through any means is accurate, true, and complete. You are responsible for updating and correcting the information that you have provided us that no longer is accurate, complete, or up to date.

WAIVER OF CLAIMS

By enrolling with us by any means (online, the App, in person, signing this document electronically or otherwise), and/or, participating in challenges, activities, events, and/or other programs and/or entering FitDistrict Studios and using its equipment of any kind, you voluntarily agree, on behalf of yourself, your personal representatives and heirs and/or assigns, and any minor child you may enroll: 1. to accept sole and total responsibility and assume all of the risk for any illness, damage, injury, cost, expense, loss, liability, claim, or anything else of any kind (including, but not limited to, physical personal injury, disability, and death) that you or your family members incur and/or guests in connection with attendance at FitDistrict Studios and Energy Cafe or as a result of participation in any of FitDistrict Studio’s classes, events, programs, or activities (“Claims”); and 2. agreement not to sue or bring forward any legal action or otherwise encumber FitDistrict Studios and Energy Cafe, its owner, managers, employees, instructors, customers, and employees, from the Claims, including all damages, liabilities, actions, claims, costs or expenses of any kind coming from or relating thereto, based on the actions, omissions, or negligence of FitDistrict Studios and Energy Cafe, its owners, managers, instructors, clients, members, and employees.

This agreement, waiver, and release from liability include, without limitation, injuries that may occur as a result of (1) your use of all Services, amenities, and equipment at our companies mentioned: FitDistrict LLC, FitDistrict Studios LLC, Energy Cafe LLC, and its facilities or premises and your participation in any activity, class program, personal training or instruction (2) Equipment that may malfunction or break (3) our negligent instruction or supervision (4) any slipping and/ or falling dropping of equipment while on FitDistrict LLC, FitDistrict Studios LLC and Energy Cafe LLC, premises.

  1. Assumption of Risk
    By use of our Services, you are implying that you are aware that there are inherent risks involved in all aspects of physical training. These risks include but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of yourself, your training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. You are aware that any of these above-mentioned risks may result in serious injury or death to you and or your partner(s). You understand that the training may involve weightlifting, gymnastics movements, strenuous bodyweight exercises, and other high exertion activities and that you are not obligated to perform nor participate in any activity that you do not wish to do, and that it is your right to refuse such participation at any time during your training sessions. You understand that should you feel light-headed, faint, dizzy, nauseated, or experience pain or discomfort, you are to stop the activity and inform your fitness instructor or any other staff member at FitDistrict Studios LLC. You willingly assume full responsibility for the risks that you are exposing yourself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at, or under the direction of FitDistrict LLC and its companies mentioned herein. You are aware that this agreement is ongoing and will apply to all future occasions you participate in fitness and athletic activities and training at FitDistrict Studios LLC. You acknowledge that you have no physical impairments, injuries, or illnesses that will endanger yourself or others.
  2. Release
    In consideration of the above-mentioned risks and hazards and in consideration of the fact that you are willingly and voluntarily participating in the activities offered by FitDistrict Studios and Energy Cafe. You release FitDistrict LLC and its companies mentioned herein (FitDistrict Studios LLC and Energy Cafe LLC, their principals, agents, employees, and volunteers, from any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of or are in any way connected you’re your participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above-mentioned parties. This agreement shall be binding upon you, your successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, you agree that the remainder of the agreement shall remain in full legal force and effect. You give permission for FitDistrict staff, instructors, and trainers to seek emergency medical services for you should you become injured or ill, with the understanding that you are responsible for any expense incurred. If you are signing on behalf of a minor child, you also give full permission for any person connected with FitDistrict to administer the first aid deemed necessary and, in case of serious illness or injury, you give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the wellbeing of the child.
  3. Indemnification
    You recognize that there is risk involved in the types of activities offered by FitDistrict LLC, FitDistrict Studios LLC, and Energy Cafe LLC. Therefore, you accept financial responsibility for any injury that you may cause either to yourself or to any other participant due to your negligence. Should the above-mentioned parties or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, you agree to reimburse them for such fees and costs. You further agree to indemnify and hold harmless FitDistrict LLC, FitDistrict Studios LLC, Energy Cafe LLC, and their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from your or our negligence or intentional act or omission while participating in Services or Activities offered by Us and our companies mentioned herein, at any outdoor or indoor locations or sites including our physical location and online. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to physical locations and sites, and/or any area selected for training by Us.
  4. Photography/Video Release
    You may be involved in activities or classes offered by Us which may be photographed or videotaped during class, at any physical location for fitness training, and other events offered by FitDistrict LLC and its companies mentioned herein. You hereby consent to the use of the photographs and/or videotapes without compensation, on our website, App, social media platforms, or in any other editorial, promotional, or advertising material produced and/or any other kind of promotional or education.
GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
We have implemented reasonable precautions to provide a level of security appropriate to the sensitivity of the information we collect in order to protect it from misuse, loss, unauthorized access, and destruction. Although we take these reasonable measures to protect you and us, unfortunately, total security cannot be 100% guaranteed. We will not be responsible for breaches of security beyond our reasonable control.

We recommend you take steps to protect against unauthorized access to your password, phone, and computer by taking basic precautions such as: choosing a strong password that nobody else knows or cannot be easily guessed; signing off after using a shared computer; do not share your log-in and password. We are not responsible for any stolen, lost, compromised passwords or unauthorized access to our site online, in person, or on our app.

You may update and change personal information by logging into your account and updating your information. You may also update your information by visiting FitDistrict Studios and Energy Cafe in person.

Please find our full privacy policy here: (https://fitdistrict.com/privacy-policy-fitdistrict/).

THESE TERMS OF USE MAY CHANGE

We reserve the right to modify the Terms or add to these Terms of Use at any time, at our sole discretion. Each time you engage with the Services you agree to these terms of use. We may notify you in multiple ways if we modify the terms to these Terms of Use including by making them available through the Services. We encourage you to check these Terms of Use each time you visit the site or utilize Services as this is the optimal way to review the current terms and by engaging in the site you are agreeing to FitDistrict’s Terms of Use.

If you do not agree to any of these Terms or any modifications to these Terms, please do not engage, use, access, or continue to access the Services, or discontinue any use of the Services immediately.

 

THIRD-PARTY LINKS

Our Site may include links that direct you to third-party websites and resources that are not affiliated with us. We are not responsible for evaluating the content or the accuracy and we will not have any liability or responsibility for any third-party services, materials, or websites. We may disable any features or links at any time without notice at our discretion.

ACCURACY AND TIMELINESS OF INFORMATION

At FitDistrict, it is important to us that our information and data being displayed or communicated are accurate and complete. We are not responsible if the information that our Site provides is not accurate, current, complete, or has errors. The information provided on our website is for general information purposes only and should not be the sole basis for making decisions. Any reliance on the material on our websites is at your own risk. To provide optimal service, our team members are available during our hours of operation should you want to contact us directly to verify the information.

ELIGIBILITY

By using this site, you represent that you are age 13 or older and under the supervision of a parent or legal guardian if not yet the age of majority in your place of residence. By using these services, you represent that you are age 13 years of age or older, and if not yet the age of majority in your place of residence, a legal guardian or parent consents to the Terms of Use or your use of the Services.

MEMBERSHIP AND CLASSES

At FitDistrict Studios, you having options to use our Services that work best for you is important to us. The following information is our offerings for in-person group class experiences. We offer three separate and distinct fitness studios under one roof offering Interval Training, Heated Yoga, and Cycling.  If you have not already, please refer to the information herein carefully to understand the serious risks of strenuous physical activity that we offer and consult with your physician for approval to participate in our Services.

Individual Classes “Drop Ins”: Individual FitDistrict Studios classes are non-refundable.

Membership Options :

  1. Warrior: Unlimited access to all three studios with payment options of monthly autopay, 1-year lumpsum rate lock, or 3-year lumpsum rate lock.
  2. Elevated: Access to all three studios, choose from 4 or 8 times per month using monthly autopay.
  3. Focused: Choose one of our studios for unlimited access, 4 times per month, or 8 times per month using monthly autopay.

Freedom Packs (Class Packs): One-time purchase of 5, 10, 20, or 50 classes with access to all three studios. Classes expire after one year.

Payment:  We accept cash or credit cards. Our monthly pay memberships will be on a monthly auto-pay beginning the day you sign up for Services. You authorize FitDistrict to charge your credit card or debit bank accounts to pay for Services.

Class Cancellations/Late Cancels: Canceling your class less than 3 hours before the class start time is considered a late cancellation. For our unlimited monthly members, you will incur a fee of $12. For our members who have a set number of classes per month available to them (4 and 8 times per month) and freedom pack holders will forfeit that class.

Membership Cancellations: Recurring monthly memberships can be canceled at any time with no extra fees. We require a 10 (ten) day notice to guarantee cancellation that following month. The lump sum packages (1 year and 3 years) cannot be canceled within the paid-for period. Freedom packs are non-refundable.

 

 

Freeze Policy: You may freeze your membership up to 3 times per year for up to 30-days each time. Membership freezing requires a 15-day advanced notice. We understand unforeseen events happen in life. We will consider modifying this policy on a case-by-case basis and may require additional documentation. Freedom Packs are not included.

Wait List: After all spots are reserved in class, a waitlist will be available for you to add your name. You will receive an email and text if your spot in class gets reserved from the waitlist. It is your responsibility to monitor your notifications. 

Late Arrival Policy: Once the class starts, after 5 minutes, your spot may be given away. For our unlimited monthly members, you will incur a fee of $12. For our members who have a set number of classes per month available to them (4 and 8 times per month) and freedom pack holders will forfeit that class.

No-Show Policy: For our unlimited monthly members, you will incur a fee of $12. For our members who have a set number of classes per month available to them (4 and 8 times per month) and freedom pack holders will forfeit that class.

Fees: You acknowledge that we charge fees for FitDistrict Services and we reserve the right to change our fees from time to time at our sole discretion including automatic annual increases on all membership plans and autopay not to exceed 3% over any rolling 12-month period for any member to account for inflation and other economic factors. As mentioned above, we charge additional fees when you are deemed as a late cancel or no-show in the amount of $12.

YOUR COMPLIANCE WITH LAWS AND FITDISTRICT RULES

You are responsible for being in compliance with the Services and the applicable rules of the Services. Use of the Services is not allowed in any jurisdiction where all or any part of the Services may violate any legal requirements and you agree not to access the Services in any such jurisdiction.

By engaging in Services and Activities, you agree to follow all rules and regulations at FitDistrict Studios and Energy Cafe.

 

FITDISTRICT RULES & REGULATIONS

We honor and enforce your safety and protection at the highest levels. FitDistrict Studios and Energy Cafe reserves the right to ask any participant to leave when acting in a disruptive manner, whose behavior violates the rights of other participants, or whose actions are unsafe to themselves, other people, or harmful to FitDistrict’s employees and our property. Dress in appropriate workout clothes and shoes, except for the heated yoga which requires no shoes. You must be at least 13 years of age, reach a height of 4’11 or above, and be accompanied by a parent or guardian at check-in.

ACCESSING THE SERVICES AND ACCOUNT SECURITY

To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is accurate, current, and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.

In order to access some Services available on the Site and App(s), you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.

PROHIBITED USES

 

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services for :

  1. any unlawful purposes or that could violate any applicable federal, state, local, or international law or regulation;
  1. To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability

Additionally, you agree not to:

  1. Use the Services for any commercial purpose
  2. Use the Services in any manner that could damage, harm, disable, or impair the Site or mobile app or any other party’s use of the Services
  3. Use any process, robot, spider or other automated device or means to access the Service for any purpose
  4. Introduce any material which is malicious or technologically harmful including viruses, worms, trojan horses, logic bombs
  5. Copy our content offered by our Services without prior permission including but not limited to various databases, software programs, text, code, graphics, and photographs. You must abide by all copyright and trademark laws, information, notices, and restrictions applicable to us.
  6. Use the Services to solicit other individuals using the Services for commercial purposes or to distribute unsolicited promotional or commercial content
  7. Otherwise, attempt to interfere with the proper working of the Service

From time to time, we may restrict access to some or all parts of the Services, including studio classes, the Site, and App(s).

TERMINATION

 

You agree that we, at our sole discretion, may discontinue your use of, and/or access to Services and our Sites (online and in person) for any reason at any time without prior notice or without limitation, if we believe you have violated or acted inconsistently with these Terms of Use. You agree that we shall not be accountable to you or any other party for any termination of your access the Sites.  

 

GOVERNING JURISDICTION AND ARBITRATION

 

You agree that these Terms of Use and any lawsuit, action, or proceeding arising out of or in connection with any dispute with us (FitDistrict LLC, FitDistrict Studios, Energy Cafe LLC), including without limitation any claim involving us or our parents, subsidiaries, affiliates, offices, directors and other partners, employees, consultants, and agents, shall be governed by and in accordance with the laws of the Commonwealth of Virginia.

At our solitary discretion, we may require you to submit any disputes arising from the use of these Terms or the FitDistrict Services, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitrations under the Rules of Arbitrations of the American Arbitration Association applying Virginia Law.  

Contact Us

 

If you have any questions about these Terms, our services or your dealings with us, please contact us at [email protected]