Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.the12.com ("the Site") operated by The 12, ™ and its subsidiaries ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.the12.com. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of The 12, ™ and its subsidiaries Services. You are only authorized to use The 12, ™ and its subsidiaries Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave The 12, ™ and its subsidiaries website and discontinue use of The 12, ™ and its subsidiaries Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
In order to access some features of the website, you will have to create a The 12, ™ and its subsidiaries account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
As stated in the membership agreement, YOU MUST CANCEL CLASS 8 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT CLASS. This includes switching time slots under the 8-hour notice time period. You may cancel class through our online system or by calling the applicable studio directly. RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.
Members who purchase the Monthly Unlimited Membership are subjected to a penalty charge (fee amount varies between individual studio locations) for either a late cancel or an absence should they not cancel their reservation within the allotted 8-hour window. PERSONAL BELONGINGS: You agree that The 12, ™ and its subsidiaries is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
All memberships & packages are non-transferable and non-refundable. No exceptions. - Put away all equipment at the end of class. - Always bring treadmill to a complete stop before jumping off. - Treadmills are first come, first serve and cannot be saved. - Do not put anything on the treadmills. (i.e. weights or equipment) - Towels are required during class. - No alternation between different Academies. - Reserved classes must be changed or canceled within 8 hours of scheduled time or it will be forfeited. - Students may not vary from instructed exercises. - All injuries must be reported before each class. - You should arrive at least 10 minutes prior to class. If you are not physically present and have not signed in within five minutes before the start of your scheduled class, your spot may be released to an individual on the waitlist.
By signing your initial "Enlistee" contract and/or attending classes, events, activities, and other programs and using The 12, ™ and its subsidiaries studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of The 12, ™ and its subsidiaries workout program. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that The 12, ™ and its subsidiaries strongly recommends that you consult with your physician prior to commencing any class. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by trainers and staff. In consideration of being allowed to participate in and access The 12, ™ and its subsidiaries classes and studio facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to The 12, ™ and its subsidiaries classes and studio facilities, (2) release, indemnify, and hold harmless The 12, ™ and its subsidiaries subsidiary affiliate entities and franchisees, and each of their respective members, employees and representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in The 12, ™ and its subsidiaries classes or The 12, ™ and its subsidiaries studio facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of The 12, ™ and its subsidiaries classes and studio facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in The 12, ™ and its subsidiaries classes and use of studio facilities, and should not be participating in any classes.
The content on The 12, ™ and its subsidiaries website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to The 12, ™ and its subsidiaries subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The 12, ™ and its subsidiaries reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of The 12, ™ and its subsidiaries. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein. "The 12," and The 12" icon and other graphics, logos, wordmarks, and designs are trademarks of The 12, ™ and its subsidiaries in the U.S. and/or other countries for which applications are pending. The 12, ™ and its subsidiaries trademarks and trade may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of The 12, ™ and its subsidiaries.
The 12, ™ and its subsidiaries 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 The 12, ™ and its subsidiaries via your mobile phone, (ii) the ability to receive and reply to The 12, ™ and its subsidiaries messages, (iii) the ability to browse The 12, ™ and its subsidiaries. from your mobile phone and (iv) the ability to access certain The 12, ™ and its subsidiaries 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 The 12, ™ and its subsidiaries 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.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. 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.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, USA, without giving effect to any principles of conflicts of law.
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
These Terms of Service shall remain in full force and effect while you use The 12, ™ and its subsidiaries Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the "My Account" page or by contacting your local studio directly via phone or email. The 12, ™ and its subsidiaries may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that The 12, ™ and its subsidiaries charges fees for its services, and The 12, ™ and its subsidiaries reserves the right to change its fees from time to time in its discretion. If The 12, ™ and its subsidiaries terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify The 12, ™ and its subsidiaries immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
If you have any questions about these Terms of Service, the practices of The 12, ™ and its subsidiaries or its services, or your dealings with this site, please contact us at: The 12 140 E 17th Street Suite B. Costa Mesa, 92627
These Terms of Service have been updated and effective as of November 14, 2017.