Terms & Conditions
RISKS OF PARTICIPATION; LIABILITY WAIVER FOR ACTIVITIES
By this Agreement, you agree to give up (i) the right to sue for any injury or damages sustained through participating in any Racked activities and utilizing this Site, and (ii) other rights described more fully below.
You acknowledge that participation in Racked sessions, classes, individual instruction, events, whether indoors or outdoors, and use of equipment at any of the Facilities (collectively, the “Activities”), is potentially hazardous, which could cause or otherwise lead to injury or death. You further acknowledge that:
1) You give my permission to receive assisted stretching services.
2) You understand that assisted stretching is not a substitute for traditional medical treatment or medications.
3) You understand that the stretch practitioner does not diagnose illnesses or injuries, or prescribe medications.
4) You have clearance from your physician to receive assisted stretching services.
5) Pregnant women should consult their physician before beginning an exercise program.
6) You understand the risks associated with assisted stretching include, but are not limited to:
• Superficial bruising
• Short-term muscle soreness
• Exacerbation of undiscovered injury
You therefore agree, for yourself and anyone entitled to act on your behalf, to HOLD HARMLESS, WAIVE AND RELEASE Racked, Inc., its officers, agents, employees, organizers, representatives, and successors from any responsibility, liabilities, demands, or claims of any kind arising out of my participation in Racked, Inc. stretch sessions, training, programs and/or events.
7) You understand the importance of informing your stretch practitioner of all medical conditions and medications you are taking, and to let the stretch practitioner know about any changes to these. You understand that there may be additional risks based on my physical condition.
8) You understand that it is your responsibility to inform my stretch practitioner of any discomfort you may feel during the stretch session so he/she may adjust accordingly.
9) You understand that you or the stretch practitioner may terminate the session at any time.
10) You grant Racked, its representatives and agents the right to use any photographs, motion pictures, recordings, or any other record of your participation in the Activities for its record keeping, social media pages, and public relations efforts without remuneration.
You agree that you have read and accepted this Waiver of Liability, fully understand its terms, understand that you have given up substantial rights by accepting it, and accept it freely and voluntarily without any inducement. Your participation in a stretch session will further confirm my agreement to this waiver and release of liability.
1) We are not responsible for any lost or stolen articles.
2) Socks and appropriately mobile clothing are required during classes at our locations.
3) Do not place any open liquid containers on any part of the tables.
4) Do not wear shoes or sharp objects on the tables.
In order to access some features of the Site, you may be asked to register an account with Racked (an “Account”), which may include providing personal information. You may never use another person's Account for you to register for classes or other Services for yourself. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account. You must notify us immediately of any breach of security or unauthorized use of your Account. Please note, We may suspend or terminate your Account for any reason at any time.
In order to make a reservation, you must first own a single session or a package of sessions (multiple sessions). To buy an individual session or package of sessions online, you can either sign up on the Website by using your email and creating a password, or if you are already registered, click login to buy a package and make your reservation.
You should be aware that classes and packages expire, and future prices are subject to change. We accept MasterCard, Visa, and American Express. We do not accept cash payments.
Your credit/debit card will be charged for your order when you submit your reservation. Racked will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts 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 Racked may incur in its efforts to collect any unpaid balances from you.
In order to cancel a session reserved at Racked and return the session to your Racked account, you must cancel within 12 hours of such class. If you haven’t cancelled within 12 hours of your class, the class will not be returned to your Racked account, you will be charged for the class, and you will not be issued a refund. If you are more than five minutes late for your session the cancellation policy applies and you will lose the session in your account.
You can cancel your reservation in the following ways: 1) Log into your account and, next to the class you wish to cancel, press "cancel." 2) Call Racked to cancel the class for you.
REVOCATION OF ACCESS
Racked reserves the right to suspend or revoke your access to the Site and any Services at any time, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. Notwithstanding the suspension, revocation or termination of your access to the Site or Services, your responsibilities hereunder and consents shall continue to be in full force and effect and not be terminated, including, but not limited to, all provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Racked sessions via your mobile phone, (ii) the ability to receive and reply to Racked messages, (iii) the ability to browse the Site from your mobile phone and (iv) the ability to access certain of the Sites features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Racked and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
If you use the Website, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Website or communicate with Racked via email, you are communicating electronically. You consent to receive communications from Racked electronically. Racked will communicate with you by email or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures, and other communications that Racked provides electronically satisfy any legal requirement that such communications be in writing.
USER PROVIDED INFORMATION
Racked does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided to Racked. Personal information might be obtained from online transactions such as stretch session and session package purchases, retail purchases, and/or session registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website. Any personal identification information retrieved by Racked must be voluntarily submitted by the user.
Racked may use the information provided to contact you with important information, required notices, and marketing promotions. You may always choose to opt-out of any of these notices (other than those required by applicable law, rule or regulation) by selecting to do so at the bottom of each email you receive from us or by emailing us directly.
AUTOMATICALLY COLLECTED INFORMATION
The Website collects some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website, which allows Racked to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.
Racked makes every effort to ensure that all of the transactions that occur on the Website are secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites – the website that creates a cookie is the only one a browser will permit to access it.
PRIVACY OF MINORS
If you are under 18, you may register and use the Website only with the involvement of a parent or guardian. Racked does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 18. Registration of a minor (ages 14-17) must be completed in person at one of our studios with a parent or guardian.
If Racked discovers that personal information has been submitted by a minor without parent or guardian approval, Racked reserves the right to delete such information. Racked does not seek or share personal information from minors throughout the Website.
LINKS/THIRD PARTY WEBSITES
Racked has not reviewed all the sites linked to the Website, 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 Racked logo, please understand that it is independent from Racked, and that Racked 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 Racked.
INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of Racked are proprietary to Racked and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, Racked. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making 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 Racked, is strictly prohibited.
You acknowledge that Racked 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. Racked 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.
NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of Racked 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.
NOT AUTHORIZED TO USE THIS WEBSITE 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 Racked’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 Racked products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, Racked’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, your permission to use Racked’s material will automatically terminate and any copies made of Racked’s material must be immediately destroyed.
Any unauthorized use of Racked’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.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. WITH REGARD TO THE WEBSITE, RACKED AND THE THIRD PARTY LICENSORS AND AGENTS MAKE NO WARRANTY REGARDING YOUR USE OR PERFORMANCE OF THE WEBSITE. RACKED HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. RACKED AND THE THIRD PARTY LICENSORS AND AGENTS DO NOT WARRANT WITH RESPECT TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE WEBSITE OR ANY MATERIALS ON THE WEBSITE. RACKED SHALL HAVE NO LIABILITY FOR ANY VIRUSES RELATED TO THE MATERIALS ON THE WEBSITE OR THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RACKED AND THE THIRD PARTY LICENSOR AND AGENTS DO NO WARRANT THAT (A) THE MATERIALS ON THE WEBSITE AND THE WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THE MATERIALS ON THE WEBSITE AND THE WEBSITE WILL OPERATE OR BE USABLE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA, (C) THE OPERATION OR USE OF THE WEBSITE OR THE MATERIALS ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (D) ANY PROGRAM ERRORS WILL BE CORRECTED. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE MATERIALS ON THE WEBSITE ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. RACKED AND THE THIRD PARTY LICENSORS AND AGENTS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE WEBSITE AND/OR USE OF THE MATERIALS ON THE WEBSITE. RACKED AND THE THIRD PARTY LICENSORS AND AGENTS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE.
LIMITATION OF LIABILITY
RACKED AND ANY THIRD PARTY LICENSEORS AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR ACCESSING THE SITE OR THE MATERIALS, AS WELL AS FOR ANY DAMAGES SUFFERED AS A RESULT OF THE INABILITY TO USE THE SITE OR THE MATERIALS. IN NO EVENT SHALL RACKED OR ITS THIRD PARTY LICENSORS OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE MADE AVAILABLE FROM THE WEBSITE, EVEN IF RACKED HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT RACKED SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. AS A USER OF THE WEBSITE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED IN THE APPLICABLE JURISDICTION.
You hereby agree to defend, indemnify and hold Racked and any third party licensors and agents harmless from, and you covenant not to sue Racked or any third party licensors and agents for, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorneys’ fees) arising from or related to (a) your negligence, error, omission or willful misconduct, (b) your breach of any terms of these Terms, or (c) your use of the Website.
CHOICE OF LAW
The Website and your use hereof is governed by the laws of the State of New York, without regard to New York’s choice of law provisions. Any claim arising out of your use of this Website must be brought in New York.
Occasional changes may be made to this document as new services and content are added to the Website to reflect changes in Racked’s policies. These Terms may be revised at any time by updating this posting. By using the Website, you agree to be bound by any such revisions. Users of the Website are encouraged to check this document periodically to stay informed of current privacy guidelines.
ACCEPTANCE OF TERMS
By using the Website, you signify your acceptance of these Terms. If you do not agree to this, please refrain from using the Website. Your continued use of the Website following the posting of changes to these Terms will indicate your acceptance of those changes.