reheat studios LLC
TERMS OF USE
Effective Date: October 21, 2026 Last Updated: October 21, 2026
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE THE AUTOMATIC RENEWAL TERMS FOR MEMBERSHIPS (SECTION 6), YOUR RIGHT TO CANCEL YOUR MEMBERSHIP ONLINE AT ANY TIME (SECTION 6(d)), YOUR CANCELLATION RIGHTS UNDER CALIFORNIA LAW (SECTION 8), AN ASSUMPTION OF RISK (SECTION 11), AND AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED (SECTION 24).
1. Agreement to These Terms
These Terms of Use ("Terms") are an agreement between you and reheat studios LLC ("reheat studios," "we," "us," or "our"). Our mailing address is 90 N. Coast Highway, Suite 208, Encinitas, California 92024, and our email address is heat@reheatstudios.com. These Terms apply when you visit reheatstudios.com (the "Site"), create an account, book or buy anything from us online or in the studio, or take part in a class or service at our studio.
When you create an account or make a purchase, you will be asked to check a box confirming that you agree to these Terms and our Privacy Policy. By checking that box, you agree to be bound by these Terms and our Privacy Policy. A membership, class pack, or other contract for our services is formed only when you expressly agree to its terms at checkout. Using the Site or attending a class does not, by itself, obligate you to buy a membership or class pack or to pay any recurring charge. If a purchase renews automatically, you will also be asked to give a separate, affirmative consent to the automatic renewal terms before we charge you, as described in Section 6(a). If you do not agree, do not use the Site or our services.
Before your first class, you must also sign our Release and Waiver of Liability (the "Waiver"). If these Terms and the Waiver conflict, the Waiver controls on the release of liability, but nothing in the Waiver limits your cancellation and refund rights under Section 8 or your rights under California's Automatic Renewal Law (Business and Professions Code Section 17600 et seq.).
When you sign up for a membership, buy a class pack, or enter into any other contract for our services, we will give you a written copy of your contract when you sign it, by email or, if you ask, on paper. That copy will include these Terms, the terms of your purchase, and the notice of your right to cancel in Section 8(a). Please keep them for your records.
2. Eligibility and Your Account
You must be at least 18 years old to create an account or use our services. You agree to give us accurate information and keep it up to date. You are responsible for keeping your login secure and for all activity on your account. Your account, membership, and class credits are for you alone. You may not share, sell, or transfer them unless we agree in writing.
3. Our Classes and Services
We offer heated and unheated mat Pilates-based and strength-based classes, red and blue light therapy, and related services. We also sell retail items in the studio, such as apparel, towels, water, and snacks. A description of our classes, services, facilities, and studio hours is available on the Site and in our booking app.
We may change our class schedule, class types, class formats, instructors, equipment, studio hours, and offerings at any time.We reserve the right to make reasonable changes to the type or quantity of classes or equipment offered. We may also close the studio for holidays or take equipment out of service for repairs, maintenance, or improvements. We will give reasonable notice when we can.
If we cancel a class, we will return the class credit you used to book it, or refund the price of a drop-in class.
4. Booking, Cancellations, Late Cancellations, and No-Shows
● Booking. Book classes and services through the Site or our booking app. Spots are limited and are first come, first served.
● Cancellation window. Please cancel at least 12 hours before your class starts.
● Late cancellation. Canceling less than 12 hours before class is a late cancellation.
● No-show. Not canceling and not attending is a no-show.
● Late arrival. For safety, we do not let anyone into class more than 5 minutes after it starts. If you arrive more than 5 minutes late and we cannot admit you, a class pack or drop-in client loses the credit for that class, but we will not charge a late cancellation or no-show fee.
● Class packs and drop-ins. If you cancel late, we will return your class credit. If you do not show up, you lose the credit for that class. No fee applies.
● Memberships. We charge a $30 late cancellation fee or a $35 no-show fee to the payment method on your account. These fee amounts are disclosed to you at checkout, and you agree to them when you buy your membership. We will not charge either fee after your membership is canceled or while it is paused, for any class we cancel, or when we do not admit you because you arrived late.
● Waitlists. If you are on a waitlist and a spot opens up at any time until 2 hours before class, we will automatically add you to the class and notify you by email or text. Once you are added, this cancellation policy applies. If you are added from the waitlist less than 12 hours before class, you will not be charged a late cancellation or no-show fee or lose your credit if you cancel before the class starts.
When you cancel late or do not show up, we hold a spot that we usually cannot fill on short notice, and another client may have been turned away. Because demand for each spot varies by class, time, and day, it would be impracticable or extremely difficult to fix our actual damages in any particular case. The fee amounts, and the loss of a credit for a no-show, are a reasonable pre-estimate of the average loss we incur from late cancellations and no-shows, taking into account the price of a single class and how often we cannot refill a spot on short notice. They are not a penalty. We may waive a fee at our discretion. Waiving it once does not mean we will waive it again. These fees do not limit your cancellation and refund rights under Section 8, and we will not charge a fee in connection with any cancellation you make under Section 8.
5. Purchases, Pricing, and Payment
● Prices. Prices for classes, memberships, class packs, light therapy, gift cards, and retail items are posted on the Site, in our booking app, or in the studio. The price for your purchase is the price shown when you buy, plus any tax.
● Changes. We may change prices, add or end promotions, and change our offerings at any time. A price change does not affect a purchase you already made. For memberships, see Section 6(e).
● Promotions. Introductory offers, founding memberships, and other promotions follow the terms stated when we offer them. They may be limited in time or quantity, and they cannot be combined unless we say so.
● Payment. You authorize us and our payment processor, Stripe, to charge your payment method for every purchase, fee, and renewal you agree to. You must keep a valid payment method on file while you have a membership. If a payment fails, we may try the charge again and may pause your booking privileges until the balance is paid.
● Errors. If a price or description is wrong because of an error, we may correct it and cancel any order placed at the wrong price. If we cancel an order, we will refund what you paid.
6. Memberships and Automatic Renewal
(a) Your membership renews automatically every month until you cancel. When you buy a membership, you authorize us to charge the monthly membership price, plus any tax, to your payment method on file on the same day each month, starting on your start date, until you cancel. Founding memberships follow the billing schedule in Section 6(h). Before you buy and before we charge you, we will show you the automatic renewal offer terms clearly and conspicuously, in visual proximity to the box you check to give consent. Those terms will tell you (1) that your membership will continue until you cancel; (2) our cancellation policy; (3) the amount of each recurring charge and how often it will be charged, and, if the amount will change, the amount to which it will change, if known; (4) the length of each renewal term; and (5) any minimum purchase obligation. Your billing date is also shown at checkout. Any minimum term will be stated in the checkout statement described in Section 6(b), will not exceed three years, and your payments will not extend beyond the term of your contract. Before we charge you, you will be asked to check a separate box, which is never pre-checked, giving your affirmative consent specifically to these automatic renewal terms, and we keep a record of that consent for at least three years, or one year after your membership ends, whichever is longer.
(b) Initial term. The initial term of a membership is shown at checkout, directly above the box you check to agree. Unless the offer says otherwise, the initial term is one month, and the membership continues month to month after that. The statement at checkout will read:
INITIAL TERM OF MEMBERSHIP: ONE MONTH, RENEWING MONTHLY UNTIL YOU CANCEL.
(c) Confirmation. After you sign up, we will email you a confirmation and acknowledgment, in a form you can keep, that includes the automatic renewal offer terms, our cancellation policy, and information on how to cancel, including a direct link or button you can use to cancel online. The acknowledgment will also include a complete copy of your contract, including the notice of your cancellation rights in Section 8.
Annual reminder. At least once each year while your membership is active, we will send you a reminder by email, in a form you can keep, of your automatic renewal terms, the amount and frequency of your recurring charge, and how to cancel, including a direct link or button you can use to cancel online.
(d) How to cancel. You can cancel your membership at any time, in any of these ways:
● Online, through the prominently located “Cancel Membership” button or link in your account on the Site and in our booking app, which cancels your membership immediately, without obstruction or delay;
● By email to heat@reheatstudios.com from the email address on your account; or
● In person at the studio front desk.
You may always cancel in the same medium you used to sign up, so if you signed up online, you can cancel online. We will not require you to call us, speak with or meet a staff member, or take any other step in order to cancel. If we present a retention or save offer when you cancel, we will present it only once, it will include a clear option to continue canceling, and we will not present a discount offer unless you have consented to receive such offers. After you cancel, we will email you a confirmation of your cancellation, including the date it takes effect.
Your cancellation stops automatic renewal immediately, and we will not charge you again. You keep your membership benefits through the end of your current billing period. We do not give refunds or credits for partial months, except as required by law or Section 8. Nothing in this Section 6(d) limits your right to cancel or to receive a refund under Section 8, which controls if it conflicts with this Section.
(e) Price changes and other changes. If we raise the price of your membership, we will email you a clear and conspicuous notice at least 7 days and not more than 30 days before the new price takes effect. The notice will state the new price, the date it takes effect, and how to cancel, including online as described in Section 6(d). If you do not cancel before then, the new price will apply. If we make any other material change to your membership terms, we will give you clear and conspicuous notice of the change, and tell you how to cancel, before the change takes effect, and you may cancel before the change applies to you.
(f) Free trials and promotional prices. If a membership starts with a free trial or a promotional price that lasts more than 31 days, we will remind you at least 3 days and not more than 21 days before the trial or promotional price ends, and tell you what you will be charged after that, when that charge will occur, and how to cancel, including online as described in Section 6(d).
(g) Pausing your membership. You may pause a regular-priced membership once in any 12-month period, for up to two months, at no charge. To request a pause, email us or use your account before your next billing date. While your membership is paused, we will not charge you and you may not book classes. Your billing date moves back by the length of the pause. Founding memberships and other discounted or promotional memberships cannot be paused. A paused membership may still be canceled at any time, including online as described in Section 6(d).
(h) Founding memberships. Founding memberships are sold before the studio opens. When you sign up, we collect your payment information, but we do not charge you anything until the day the studio opens for business. No charge will be made before the studio opens. Your first monthly payment of $179 (unlimited founding membership), $159 (8x per month), $169 (unlimited founding membership- email list rate) and $149 (8x a month- email list rate), plus any tax, is charged on opening day, which we currently expect to be November 21, 2026. We will email you before that first charge to confirm its date and amount, and your membership renews on that same date each month after that. Founding memberships cannot be paused.
You may cancel at any time before the studio opens, including online as described in Section 6(d), and if you do, we will not charge you. After the studio opens, you may cancel at any time in any of the ways listed in Section 6(d), and your cancellation will stop automatic renewal immediately, with your benefits continuing through the end of your current billing period. If we do not open and begin offering classes within six months after you sign up, you may cancel and receive a refund as described in Section 8(d). All of your rights under Section 8 apply to founding memberships, and nothing in this Section 6(h) limits them.
7. Class Packs, Drop-Ins, and Light Therapy Sessions
● A class pack gives you a set number of class credits. Our 3-class pack expires 2 weeks after purchase. All other class packs expire 3 months after purchase. Unused credits expire with the pack. The term and expiration date of your class pack are stated in your written contract and on your receipt at the time of purchase. No class pack has a term longer than three years.
● Class credits are for the account holder only. They cannot be transferred, have no cash value, and are not refundable, except as required by law and except as provided in Section 8, including your right to cancel within five business days and your rights if you die or become disabled, move more than 25 miles from the studio, or if we fail to provide or substantially reduce our facilities. Class pack expiration dates are also subject to extension for studio closures under Section 9.
● A drop-in class or single light therapy session is good only for the class or session you book.
8. Your Cancellation and Refund Rights Under California Law
California's health studio law (Civil Code Sections 1812.80 to 1812.98) gives you the rights below for memberships, class packs, and other contracts for our services. These rights are in addition to our policies above, and nothing in these Terms limits them.
(a) Your right to cancel within five business days.
You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to reheat studios LLC at 90 N. Coast Highway, Suite 208, Encinitas, California 92024, heat@reheatstudios.com.
This notice is included in, and delivered with, each contract for our services and each copy of that contract we give you. In addition to the methods described in this notice, you may also cancel online through the cancellation option in your account described in Section 6(d).
(b) Death or disability. If, because of death or disability, you are unable to receive all of the services you contracted for, you and your estate are relieved of the obligation to pay for services other than those you received before your death or the onset of the disability. If you prepaid, we will promptly refund to you or your representative the part of the prepaid amount that is allocable to the services you did not receive. "Disability" means a condition that prevents you from physically using the studio and that is verified by a physician. We may ask for a physician's written verification of the disability. If you pay in installments, you and your estate are relieved of every installment that comes due after your death or the onset of the disability, and any amount prepaid for that later period is allocable to services not received, calculated pro rata over the contract term. We will not charge you or your estate any fee as a condition of canceling under this subsection.
(c) Moving away. If you move more than 25 miles from the studio and are unable to transfer your contract to a comparable facility, you are relieved of the obligation to pay for services other than those you received before the move. If you prepaid, we will promptly refund the part of the prepaid amount allocable to services you have not used. We may ask for reasonable proof of your new address. If you pay in installments, you are relieved of every installment that comes due after the move, and any amount prepaid for that later period is allocable to services not received, calculated pro rata over the contract term. We will not charge you any fee as a condition of canceling under this subsection.
(d) If services do not begin, or we reduce our facilities. Our services will begin within six months after the date of your contract. If we fail to provide the facilities we advertised or offered in writing by the time stated, you may cancel and receive a pro rata refund. If we eliminate or substantially reduce the scope of the facilities described in your contract, in our advertising for this studio, or in a written offer, you may cancel and receive a pro rata refund. A temporary closure for reasonable repairs, changes, or improvements after reasonable notice, or a reasonable change to the type or quantity of classes or equipment offered, as permitted by Section 3, does not give you a right to cancel, so long as the change does not eliminate or substantially reduce the scope of the facilities described above.
(e) Larger purchases. In addition to your rights under California law, if a contract requires you to pay a total of $1,500 to $2,000, including any initiation fees, you may cancel within 20 days after you sign it. If it requires $2,001 to $2,500, you may cancel within 30 days. If it requires $2,501 or more, you may cancel within 45 days. If you cancel under this subsection, you owe only the pro rata part of the total contract price that was available for your use, and we will refund the rest.
(f) How to send a cancellation notice. You may cancel online through the cancellation option in your account described in Section 6(d), in person at the studio, by email to heat@reheatstudios.com from an email address on file with us, or by first-class mail to 90 N. Coast Highway, Suite 208, Encinitas, California 92024.
(g) Refund timing. When you cancel under this Section 8, we will refund all money owed to you, including any amounts paid in advance, within 10 days after we receive your notice of cancellation, less the value of any services you received before you canceled, except where this Section 8 provides for a full refund.
(h) Contract term and payment limits; no waiver. No contract for our services will have a term longer than three years, and no contract will require you to make payments or finance any amount over a period longer than three years or beyond the end of the contract term. The term of a contract will not be measured by or be for your life. Any waiver of your rights under California's health studio law (Civil Code Sections 1812.80 to 1812.98) is contrary to public policy and is void and unenforceable.
9. Refunds and Studio Closures
Except as stated in these Terms (including your cancellation and refund rights under Section 8) or required by law, all purchases are final. We review other refund requests case by case. We may offer a refund, a credit, or an extension at our discretion. Doing so once does not obligate us to do so again.
If we must close the studio for more than 7 days in a row for a reason other than a scheduled holiday, we will extend your membership and the expiration date of your class packs by the length of the closure.
10. Gift Cards
● Gift cards do not expire and have no service or dormancy fees.
● Gift cards may be used toward any purchase from us, including classes, class packs, memberships, light therapy, apparel, towels, water, and snacks, in the studio or online.
● If a gift card has a cash value of less than $15, you may redeem it for cash on request. Otherwise, gift cards cannot be redeemed for cash except as required by law.
● Please treat a gift card like cash. We are not responsible for lost or stolen gift cards.
● A promotional card or credit that we give away for free, without anything paid for it, may have an expiration date. If it does, the date will be printed in capital letters on the front of the card.
11. Health, Safety, and Assumption of Risk
Exercise involves a risk of injury. Our heated classes add risks such as dehydration, heat exhaustion, heat stroke, dizziness, and fainting. Light therapy may cause eye strain, headaches, or skin sensitivity.
Please talk to your doctor before you start any exercise or light therapy program, especially if you are pregnant or postpartum; have a heart condition, high or low blood pressure, diabetes, a respiratory condition, or sensitivity to heat; take medication that affects how your body handles heat or light; or have any injury or medical condition.
You are responsible for knowing your limits. Drink water, rest when you need to, and leave the room if you feel unwell. Tell your instructor about any injury, condition, or pregnancy before class. We may refuse or stop your participation if we believe it is unsafe for you or others.
Warning: Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damaged liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use, or exchange of anabolic steroids.
You choose to participate voluntarily, and to the fullest extent permitted by law, you assume the risks of participating.The Waiver you sign before your first class contains additional terms about these risks and releases certain claims.
12. Red and Blue Light Therapy
We offer red and blue light therapy for general wellness and relaxation. It is not medical treatment. It is not intended to diagnose, treat, cure, or prevent any disease or medical condition, and we make no promise of any specific result. Statements about light therapy on the Site have not been evaluated by the U.S. Food and Drug Administration.
Talk to your doctor before using light therapy if you are pregnant; are sensitive to light; take medication that increases sensitivity to light; have a history of seizures triggered by light; have an eye condition; or have skin cancer, a skin condition, or a lesion in the area to be treated. We do not provide eye protection. Avoid looking directly into the lights, follow staff instructions and time limits, and stop right away if you feel discomfort. You may bring your own eye protection if you wish.
13. No Guarantee of Results
Results vary from person to person. We do not guarantee any result from our classes or services, including changes in weight, strength, flexibility, skin, or health. Information on the Site and our social media is for general information only and is not medical advice. Client stories reflect individual experiences.
14. Studio Rules
● Arrive on time and follow your instructor's directions.
● Treat staff and other clients with respect. We do not tolerate harassment, threats, or unsafe behavior.
● Wipe down equipment and your space after class.
● Do not photograph or record other clients without their permission.
● Keep your belongings with you or in the space provided. To the extent permitted by law, we are not responsible for lost, stolen, or damaged personal items.
● You are responsible for damage you cause to our equipment or facilities, other than normal wear and tear.
We may suspend or end your access to the studio and your membership if you break these rules or these Terms, or if you do not pay amounts owed. If we end your membership for any other reason, we will refund the unused part of anything you prepaid.
15. Photos and Videos
We sometimes take photos and videos in the studio for the Site and our social media. We will not use your name, or a photo or video in which you can be identified, to advertise or promote our business without your prior consent. You give that consent by signing the photo and video release in our Waiver, and you can withdraw it at any time by emailing us. If you tag us in your own posts, we will ask before we repost them.
16. Using the Site
We give you a limited, personal, non-transferable right to use the Site for your own non-commercial use, subject to these Terms. You agree not to:
● Use the Site for any unlawful purpose or in violation of these Terms;
● Use bots, scripts, or other automated tools to book classes, copy content, or collect data from the Site;
● Resell, trade, or hold class spots for others;
● Impersonate any person or give false information;
● Upload viruses or harmful code, or try to gain unauthorized access to the Site, our systems, or other users' accounts; or
● Interfere with the Site's operation or security.
17. Our Content and Brand
The Site and our social media, and everything on them, including the reheat studios name, logos, class names, designs, text, graphics, photos, videos, and class programming, are owned by or licensed to us and are protected by copyright, trademark, and other laws. You may not copy, reproduce, distribute, modify, or create works based on our content, or use our name or logos, without our written permission. You may not record our classes or use our class programming to teach or for any commercial purpose.
18. Reviews and Feedback
Nothing in these Terms limits your right to post honest reviews or make statements about us, our staff, or our services. If you send us ideas or suggestions, we may use them without owing you anything.
19. Third-Party Services
We use third-party services to run parts of our business, such as Mariana Tek for booking, Stripe for payments, Squarespace for our website and newsletter, and Meta for advertising on Facebook and Instagram. The Site also links to others, such as Instagram. Those services have their own terms and privacy policies. We are not responsible for them.
20. Text Messages
You can opt in to our text messages by checking a separate box, which is never pre-checked, when you sign up.
(a) Program Description. By opting in, you agree to receive recurring automated text messages from reheat studios at the mobile number you provided. These may include transactional messages about your account and bookings, such as booking and appointment reminders, waitlist notifications, order updates, account alerts, and customer support follow-ups, as well as marketing messages, such as promotional offers. Consent to receive text messages is not a condition of any purchase, and you do not have to agree to receive texts to buy anything from us.
(b) Message Frequency. You may receive up to 2 messages per month. Message frequency may vary depending on your bookings, activity, and interactions with us.
(c) Message and Data Rates. Message and data rates may apply. Charges are billed by and payable to your mobile service provider. Please contact your wireless carrier for details about your messaging plan.
(d) How to Opt Out and Get Help. You can unsubscribe from the SMS service at any time by replying STOP to any message we send you. After you send STOP, you will receive a one-time confirmation message, and no further messages will be sent. If you want to rejoin, you can sign up again using the original opt-in method or reply START. For help or more information at any time, reply HELP to any of our messages. You can also contact our support team directly at heat@reheatstudios.com or (909) 477 0890. Opting out of text messages does not cancel your membership; to cancel your membership, see Section 6(d).
(e) Carrier Liability Disclaimer. Carriers are not liable for any delayed or undelivered messages.
See our Privacy Policy for how we handle your mobile information.
21. Disclaimer of Warranties
THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REHEAT STUDIOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. REHEAT STUDIOS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
22. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REHEAT STUDIOS OR ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, INSTRUCTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, WILLFUL INJURY, OR VIOLATION OF LAW. THIS SECTION DOES NOT CHANGE THE WAIVER OR YOUR RIGHTS UNDER SECTION 8.
23. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless reheat studios and its owners, members, managers, officers, employees, instructors, and agents from and against any third-party claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your breach of these Terms, (b) your misuse of the Site, or (c) your violation of any law or the rights of any third party.
24. Dispute Resolution; Agreement to Arbitrate
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND REHEAT STUDIOS TO ARBITRATE MOST DISPUTES AND LIMITS HOW YOU AND WE CAN SEEK RELIEF FROM EACH OTHER.
(a) Informal Dispute Resolution. Before filing a claim, you and we each agree to try to resolve the dispute informally. You can reach us at heat@reheatstudios.com. If a dispute is not resolved within thirty (30) days after it is submitted, you or we may start a formal proceeding.
(b) Agreement to Arbitrate. Except as provided in Section 24(c), any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Diego County, California, or by video conference, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures and the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. Section 1 et seq.
(c) Exceptions. Either you or we may (i) bring an individual action in small claims court if the claim qualifies, and (ii) bring an action in court to stop the infringement or misuse of intellectual property rights. Claims for public injunctive relief are governed by Section 24(f). Nothing in this Section 24 waives or limits any right or remedy you have under the California Health Studio Services Act (Civil Code Sections 1812.80 to 1812.98), California's Automatic Renewal Law (Business and Professions Code Sections 17600 to 17606), including the remedies available under Business and Professions Code Sections 17603 and 17604, or any other law whose protections cannot be waived by agreement, and the arbitrator may award any such remedy.
(d) Arbitration Fees. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules and minimum standards identified above. We will pay all arbitration fees and costs beyond the filing fee you would have paid to file the claim in court. The arbitrator may award the same individual relief that a court could award. If the arbitration provider requires us to pay any fees or costs to start or continue the arbitration, we will pay them within thirty (30) days after the due date, as required by California Code of Civil Procedure Sections 1281.97 and 1281.98. If we do not pay on time, you may withdraw your claim from arbitration and proceed in a court of appropriate jurisdiction, and you may seek the other remedies and sanctions those sections provide.
(e) Class Action Waiver. YOU AND REHEAT STUDIOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, EXCEPT THAT THIS WAIVER DOES NOT APPLY TO ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF, WHICH IS GOVERNED BY SECTION 24(f), OR TO ANY REPRESENTATIVE CLAIM UNDER THE CALIFORNIA LABOR CODE PRIVATE ATTORNEYS GENERAL ACT THAT CANNOT LAWFULLY BE WAIVED. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.
(f) Public Injunctive Relief. Nothing in these Terms waives your right to seek public injunctive relief in any forum. Any claim for public injunctive relief will be decided by a court in San Diego County, California, after the arbitration of all individual claims is complete, and the court action will be stayed until then.
(g) Waiver of Jury Trial. FOR ANY CLAIM THAT IS ARBITRATED UNDER THIS SECTION, YOU AND REHEAT STUDIOS EACH WAIVE THE RIGHT TO A TRIAL BY JURY.
(h) 30-Day Right to Opt Out. You may opt out of this agreement to arbitrate by sending written notice to heat@reheatstudios.com within thirty (30) days after you first agree to these Terms. Your notice must include your name and address and state that you are opting out of arbitration. If you opt out, neither you nor we can require the other to arbitrate. Opting out does not affect any other part of these Terms.
(i) Severability. If any part of this Section 24 is found to be unenforceable, that part will be severed and the rest of this Section 24 will remain in effect, except that if the class action waiver in Section 24(e) is found to be unenforceable as to a claim, that claim will proceed in court and not in arbitration. This Section 24 survives the end of your relationship with us.
25. Governing Law and Venue
These Terms and any action related to them will be governed by the laws of the State of California, without regard to its conflict of laws provisions. Subject to Section 24, the exclusive jurisdiction and venue for any action will be the state and federal courts located in San Diego County, California, and you and we waive any objection to jurisdiction and venue in those courts.
26. Changes to These Terms
We may revise these Terms from time to time. When we do, we will post the revised Terms on the Site and update the "Last Updated" date at the top. If we make material changes, we will also notify you by email or by a notice on the Site at least thirty (30) days before the changes take effect. Except as provided below, your continued use of the Site or our services after the changes take effect constitutes your acceptance of the revised Terms. Changes will not apply to any dispute that arose before the effective date of the change. Your continued use does not substitute for your affirmative consent to a material change to your membership, any health studio contract, or our automatic renewal terms. Those changes, including changes to membership prices, are governed by Section 6(e). We will give you the notice and the opportunity to cancel described in Section 6(e) before the change takes effect, and where required by law we will obtain your new affirmative consent before the change applies to you. Changes to Section 24 will not apply retroactively to an existing membership without your consent. No change to these Terms will reduce or limit your rights under Section 8.
27. General Provisions
● Entire Agreement. These Terms, together with our Privacy Policy, the Waiver, and any terms presented to you at checkout, constitute the entire agreement between you and reheat studios regarding their subject matter and supersede all prior agreements and understandings.
● Severability. Except as provided in Section 24(i), which alone governs severability within Section 24, if any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
● No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
● Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign these Terms, but any assignee of your membership or any other contract for health studio services takes it subject to all of your rights and defenses against us, including your rights under Section 8. Subject to the foregoing, these Terms will bind and benefit the parties and their successors and permitted assigns.
● Force Majeure. We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, fire, flood, pandemic or public health emergency, war, terrorism, civil unrest, labor disputes, government orders, or failures of utilities, internet, or telecommunications. This does not limit your rights under Sections 8 and 9.
● Electronic Communications. You consent to receive communications from us electronically, by email or by notices posted on the Site, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You may ask for a paper copy at any time. Electronic delivery does not reduce any notice, disclosure, acknowledgment, or cancellation right you have under California's Automatic Renewal Law (Business and Professions Code Sections 17600 to 17606) or California's health studio law (Civil Code Sections 1812.80 to 1812.98), and you may always cancel by any of the methods described in Sections 6(d) and 8.
● Headings. Section headings are for convenience only and have no legal or contractual effect.
● California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
28. Contact Us
If you have questions about these Terms, please contact us:
reheat studios LLC
90 N. Coast Highway, Suite 208
Encinitas, California 92024