Terms of Service

This website is operated by Lagree Oahu Fitness LLC. Throughout the site, the terms “we”, “us” and “our” refer to Lagree Oahu Fitness LLC (“Lagree Oahu”). Lagree Oahu offers this website, including all information, tools and services (“Service” or “Services”) available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our web site is presently hosted by a third party. The third party provides us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 – GENERAL WEBSITE TERMS, RELEASE & CONSENT OF DIGITAL IMAGES, VIDEOS, AND LIKENESSES, MEMBERSHIP POLICIES, STUDIO RULES AND REGULATIONS, LIABILITY WAIVER, AND OTHER PROVISIONS

  1. General Website Terms: By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

  1. Liability Release and Authorization and Release of Images, Videos, and Likenesses: You hereby authorize us to edit, alter, copy, exhibit, distribute and publish in print, video, audio recorded productions, and on the World Wide Web, including but not limited to any and all social media platforms now and in the future existing, all images, videos, likenesses, derivative works, and similar media and information, related to your use of our products and services, including but not limited to pictures and videos of your use of products and services provided by Lagree Oahu (“Authorized Materials”). Authorized Materials may include, without limitation, images and videos of your exercising, participating in fitness activities and/or visiting a location associated with Lagree Oahu and/or wearing or associated with Lagree Oahu products. You understand and agree that you will not receive notice, payment, or any other consideration for our use of the Authorized Materials. By continuing to use the Services and/or purchasing products or services associated with Lagree Oahu, you agree and understand that the Authorized Materials will become the property of Lagree Oahu and stored, used, and disseminated in any locations and manners chosen by Lagree Oahu at its sole discretion. You understand and agree that Authorized Materials will not be returned to you. In addition, you waive the right to inspect or approve Lagree Oahu’s use of the Authorized Materials, including written or electronic copy, wherein your likeness appears. You waive any right to royalties or other compensation arising or related to the use of the Authorized Materials. You hereby hold harmless and release and forever discharge Lagree Oahu and its owners, employees, managers, and participants, from all claims, demands, liability and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have of the use of the Authorized materials. You understand and agree that you have read every word release before signing below and I fully understand the contents, meaning, and impact of this authorization and release in this entire paragraph (“Authorization and Release”) and that you have been given the opportunity to consult with an attorney and counsel and have either consulted with an attorney or counsel regarding this Authorization and Release through consultations (“Consultations”) or have voluntarily waived the Consultations.

  1. Membership Policies: You hereby agree to the following policies: Membership fees are charged monthly on or prior to the day of the month of the initial membership purchase. Membership fees are nonrefundable. Founders Memberships may not be paused or frozen. Membership terminates permanently and immediately upon any pause, nonpayment, or late payment. Regular Memberships may be paused or "frozen" for one month once per year for a fee of $15. Written notice of pause must be given with at least seven (7) days prior notice to membership@lagreeoahufitness.com. These policies, as with others, may be changed at any time at Lagree Oahu’s sole discretion.

  1. Cancellation Policy: You agree to cancel all confirmed classes by a minimum of eight (8) hours (“Cancellation Notice Requirement”) in advance to the start of class. You may cancel waitlisted classes at your discretion. If you are moved from the waitlist and confirmed in the class, you agree to abide by the Cancellation Notice Requirement.

  1. Late Cancellation and Late/No-show Policy: A late cancellation fee of $20 will apply for all cancellations that do not meet the Cancellation Notice Requirement (less than eight (8) hours). A no-show fee of $20 (“No-Show Fee”) plus a loss of a class credit will apply for no-shows. To avoid disturbing, displacing or interrupting the timed routine of each session for other participants, you must be physically present at the start of your scheduled class or (i) your spot may be given to a standby or waitlisted client and (ii) you may not be allowed to join the class. If you are late by five (5) minutes or more, you will not be allowed to join the class and will lose the credit for the class. If you are a no-show, you be charged the “No-Show Fee” and will lose credit for the class.

  1. Personal belongings: You agree and understand that we will not be responsible for the safety or safekeeping of your possessions, property, or belongings.

  1. Lagree Oahu Studio Rules and Regulations: You agree to abide by all Lagree Oahu rules and regulations (“Lagree Oahu Rules”), which may be changed from time to time at our sole discretion. Lagree Oahu Rules may be posted on this website and/or at the studio. Lagree Oahu Rules include the following, to all of which you agreed to abide:

    1. All classes and memberships are non-refundable, without exception.

    2. All classes and membership must be prepaid. You will not be able to confirm or waitlist for a class without prepaid credit.

    3. You must be physically present and checked in at the start of your class time or your spot may be given to another person.

    4. Phone calls and text messaging are prohibited during class sessions for the safety and concentration of all participants.

    5. Any retail purchases must be returned in new and unused condition within fourteen (14) calendar days for Lagree Oahu merchandise credit. Returned items must not be altered in any way and must be fully intact, including with all tags attached. Gift cards and certificates are not refundable and may not be returned. 

    6. You will not attend class if you are ill or injured. If you have physical limitations and would like to discuss potential accommodations, please notify Lagree Oahu in advance.

    7. Class schedules are subject to change with or without notice. Lagree Oahu will use commercially reasonable efforts to keep its app properly updated.

    8. You must be at least eighteen (18) years of age to attend a class or sign up for a membership with us.

    9. You warrant that you will not bring any weapons, dangerous items, illicit drugs, or inappropriate materials to any Lagree Oahu class or studio.

    10. You hereby hold harmless and indemnify Lagree Oahu and Lagree Oahu personnel for any damage, injury, or claim associated with your conduct, belongings or possessions.

    11. No pets are allowed inside the Lagree Oahu studio (sorry!)

    12. No smoking is allowed inside the Lagree Oahu studio.

  1. Disclaimer and Waiver: You understand and have had the opportunity to consult with an attorney about the risks of participating in fitness activities, which may at times be rigorous, at our facilities. You hereby waive all claims against us, Lagree Oahu and Lagree Oahu’s personnel for any injuries, illnesses, and other problems associated with your visits to Lagree Oahu studios. 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services (“service” or “services”) and products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may not be subject to return or exchange.

We have made a commercially reasonable effort to accurately display the colors and images of our products and services that appear at the website. We do not guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of services, products or product or services pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the Service or the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in or dissatisfaction with the Service or the products or services will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order or request for products or services you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or for other reasons.

You agree to provide current, complete and accurate purchase and account information for all purchases and orders made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools (“Tools”) over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such Tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional Tools.

Any use by you of the optional Tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers of the Tools.

We may also, in the future, offer new products, services and/or features through the website (including, the release of new Tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy Policy, please see www.lagreeoahufitness.com/privacypolicy

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service or the Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service or the Services will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Lagree Oahu Fitness LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lagree Oahu Fitness LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW; GOOD FAITH DISCUSSIONS

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Hawaii in the United States. You hereby agree to engage in good faith discussions with us prior to instigating any type of public or legal action. In the event of legal action involving any aspect of these Terms of Service, you agree that any legal actions will be governed by Hawaii state law and that the Courts of Honululu, Hawaii, hold exclusive jurisdiction. You hereby waive any challenges to jurisdiction and agree to the exclusive jurisdiction of the Courts of Honolulu, Hawaii.

SECTION 19 – NO STRICT CONSTRUCTION

The language used in this Agreement will be deemed to be the language chosen by the you and us to express your and our mutual intent, and no rule of strict construction will be applied against any you or us. No provisions will be construed or interpreted against either you or us based upon the party’s drafting of any provisions.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@lagreeoahufitness.com.