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TERMS

OF SERVICE

POLICIES AND PROCEDURES

  • CLASSES ARE RESERVED AND PAID FOR IN ADVANCE THROUGH OUR ONLINE BOOKING SYSTEM. ALL RESERVATIONS MUST BE PAID IN FULL BEFORE THE START OF CLASS. 

  • WE REQUEST THAT ANY CANCELLATIONS BE MADE AT LEAST 8 HOURS BEFORE CLASS (THE “CANCELLATION WINDOW”) TO ENSURE THAT OTHER MEMBERS CAN ACCESS THE STUDIO. IF YOU DO NOT CANCEL BEFORE THE CANCELLATION WINDOW CLOSES, YOU WILL BE CONSIDERED A LATE CANCEL AND WILL BE CHARGED A LATE CANCELLATION PENALTY. FOR LIMITED MEMBERSHIP AND CLASS CREDIT MEMBERS, YOUR CREDIT WILL BE FORIFITTED. UNLIMITED MEMBERS WILL BE CHARGED A $10 LATE CANCELATION FEES. 

  • IF YOU FAIL TO CANCEL YOUR RESERVATION ONE HOUR BEFORE OR DO NOT ATTEND YOUR SCHEDULED CLASS, A $35 NO-SHOW FEE WILL BE CHARGED FOR ALL MEMBERS AND RESERVATIONS.

  • DUE TO THE SMALL, DARK NATURE OF OUR STUDIOS, LATE ARRIVALS WILL NOT BE PERMITTED INTO CLASS AFTER THE CLASS HAS STARTED. FOR THIS REASON ABOVE, WE DO NOT OFFER A GRACE PERIOD, AND LATE AND NO-SHOW FEES WILL APPLY. 

  • COACHES ARE SUBJECT TO CHANGE, AND CLASSES ARE TO CANCELLATION WITHOUT NOTICE. WHEN POSSIBLE, AN EMAIL OR TEXT MESSAGE WILL BE SENT IF THERE IS A CHANGE IN THE SCHEDULE. SUBJECT TO ANY OPT-OUT YOU ELECT, YOU CONSENT TO RECEIVE NOTICES FROM US ABOUT CLASS.

  • IF A CLASS IS FULL, TRY THE WAITLIST — IT WORKS! WHEN A SPOT BECOMES AVAILABLE TWO HOURS BEFORE CLASS, AN EMAIL CONFIRMATION WILL BE SENT TO LET YOU KNOW. DON’T FORGET THAT IT IS YOUR RESPONSIBILITY TO CANCEL YOUR WAITLIST RESERVATION IF YOU CAN NO LONGER MAKE IT TO AVOID CANCELLATION PENALTIES. 

  • SAFETY IS CRUCIAL, AND THEREFORE, OUR TRAINED COACHES PROVIDE CORRECTIVE TOUCHES DURING CLASSES TO ENSURE THAT CLIENTS ARE SAFE AND MAINTAIN CORRECT FORM.

  • UNATTENDED CHILDREN AND PETS ARE NOT PERMITTED IN THE STUDIO.

  • SUBJECT TO CERTAIN RESTRICTIONS, ALL SALES ARE FINAL. CLASSES ARE NOT ELIGIBLE FOR TRANSFER, REFUND, OR EXCHANGE AND CANNOT BE SHARED AMONGST CLIENTS.

  • SUBJECT TO ANY REGULATIONS, A VALID DEBIT OR CREDIT CARD MUST BE ON FILE FOR ALL ACTIVE ACCOUNTS. WE DO NOT ACCEPT CASH AT ANY OF OUR STUDIOS.

  • SUBJECT TO ANY REGULATIONS, ALL CREDIT CARD CHARGES ARE SUBJECT TO A PROCESSING AND SERVICE FEE. TO UPDATE YOUR CARD ON FILE TO A DEBIT CARD, PLEASE EMAIL YOUR LOCAL STUDIO.

  • ONYX IS NOT RESPONSIBLE FOR ANY BANK OVERDRAFT FEES THAT MAY OCCUR.

  • A VALID AND ACTIVE CREDIT CARD IS REQUIRED TO BE ON YOUR ACCOUNT AT ALL TIMES. FAILUED TRANSACTIONS WILL RESULT IN MEMBERSHIP OR CREDIT USE BEING PAUSED, AND A $25 REINSTATEMENT FEE WILL BE CHARGED TO THE ACCOUNT.

  • WE MAY TAKE VIDEO SURVEILLANCE IN OUR STUDIOS TO ENHANCE OUR CLIENTS’ SAFETY AND EXPERIENCE.

  • WITHOUT PRIOR APPROVAL FROM OUR STAFF, YOU CANNOT FILM OUR CLASS DURING THE WORKOUT.

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RESERVATION & MEMBERSHIP INFORMATION


RESERVATION INFORMATION
TO PARTICIPATE IN OUR CLASSES, YOU MUST RESERVE YOUR SPOT IN ADVANCE BY CREATING AN ACCOUNT ONLINE OR ON OUR APP AND REGISTERING FOR CLASS.


IF A CLASS IS FULL, WE RECOMMEND PUTTING YOURSELF ON THE WAITLIST. IF A SPOT OPENS UP 2 HOURS BEFORE CLASS STARTS, YOU WILL AUTOMATICALLY BE ADDED TO THE CLASS. BY PUTTING YOURSELF ON THE WAITLIST, YOU ACKNOWLEDGE THAT YOU CAN TAKE THE CLASS IF YOU GET IN. IF YOU DO NOT WANT A SPOT IN THE CLASS, YOU MUST REMOVE YOURSELF FROM THE CLASS/WAITLIST 8 HOURS BEFORE THE CLASS STARTS. IF YOU ARE ADDED TO THE CLASS FROM THE WAITLIST, FAIL TO REMOVE YOURSELF, AND DO NOT ATTEND, IT WILL BE A LATE CANCELLATION, AND YOU ARE SUBJECT TO LATE CANCELATION AND NO-SHOW FEES. IF YOU DO NOT GET OFF THE WAITLIST, THE CLASS WILL BE CREDITED TO YOUR ACCOUNT FOR FUTURE USE.


DUE TO THE LIMITED NUMBER OF SPACES AVAILABLE, YOU CAN CHANGE OR CANCEL YOUR CLASS UP TO 8 HOURS BEFORE THE CLASS STARTS. PLEASE NOTE WE DO NOT GIVE REFUNDS; IF YOU DO NOT CANCEL BEFORE THE CANCELLATION WINDOW CLOSES, YOU WILL BE CONSIDERED A LATE CANCEL AND WILL BE CHARGED A LATE CANCELLATION PENALTY. FOR LIMITED MEMBERSHIP AND CLASS CREDIT MEMBERS, YOUR CREDIT WILL BE FORIFITTED. UNLIMITED MEMBERS WILL BE CHARGED A $10 LATE CANCELATION FEES. IF YOU FAIL TO CANCEL ONE HOUR BEFORE THE START OF YOUR CLASS OR DO NOT SHOW UP FOR YOUR SCHEDULED CLASS, YOU WILL LOSE YOUR CREDIT A $33 NO-SHOW FEE. WE CANNOT GIVE REFUNDS FOR ANY CLASSES THAT YOU MISS.

 

MEMBERSHIP REOCCURRING BILLING AND TERMINATION

DEPENDING ON YOUR MEMBERSHIP, YOU MAY HAVE DIFFERENT RIGHTS GOVERNING YOUR TERM AND TERMINATION.
OUR ALL ACCESS COMMIT AND SAVE MEMBERSHIPS (4, 8, 12, OR UNLIMITED) ARE BILLED MONTHLY, AND HAVE A MINIMUM OF SIX- OR TWELVE-MONTH COMMITMENT, DEPENDING ON THE COMMITTED MEMBERSHIP YOU SELECT. FOLLOWING THE COMMITMENT TERM, THE MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE CURRENT MONTHLY RATE. COMMITTED MEMBERSHIPS ARE INELIGIBLE FOR CANCELATION BEFORE THE TERM EXPIRATION WITHOUT PENALTY, SUBJECT TO ANY APPLICABLE CONSUMER RIGHT TO CANCELATION, WHICH APPLIES TO THE INITIAL DATE OF PURCHASE. ANY REQUESTED CANCELATION BEFORE THE TERM EXPIRATION WILL REQUIRE A NOTICE OF AT LEAST 30 DAYS BEFORE THE MONTHLY BILLING DATE AND MUST BE ACCOMPANIED BY AN EARLY TERMINATION FEE. IF YOU ARE ON A SIX-MONTH COMMITMENT, YOUR EARLY TERMINATION IS $150 PLUS ONE ADDITIONAL MONTH OF MEMBERSHIP. IF YOU ARE ON A TWELVE-MONTH COMMITMENT, YOUR EARLY TERMINATION FEE IS $250 PLUS ONE ADDITIONAL MONTH OF MEMBERSHIP.  YOU MUST BE ON AN ACTIVE, UNFROZEN MEMBERSHIP TO REQUEST A TERMINATION. TERMINATIONS REQUEST MUST BE SUBMITTED IN WRITING BY EMAILING HELLO@MYONYXFIT.COM. IF YOU ARE CURRENTLY ON A COMMITTED MEMBERSHIP AND WISH TO UPGRADE OR DOWNGRADE YOUR MEMBERSHIP, YOUR COMMITMENT TERM WILL RESTART EFFECTIVE AS OF THE TRANSFER DATE. TRANSFERS CAN BE REQUESTED BY EMAILING HELLO@MYONYXFIT.COM


STANDARD MEMBERSHIPS (4, 8, 12, OR UNLIMITED) ARE BILLED MONTHLY, AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS, AND HAVE NO MINIMUM COMMITMENTS. STANDARD MEMBERSHIPS WILL CONTINUE TO RENEW EACH MONTH UNLESS A CANCELATION IS REQUESTED AT LEAST 30 DAYS IN ADVANCE OF THE AUTO-RENEWAL DATE. CANCELLATIONS CAN BE REQUESTED BY EMAILING HELLOW@MYONYXFIT.COM 30 DAYS PRIOR TO YOUR AUTO-RENEWAL DATE. FAILURE TO TIMELY CANCEL WILL RESULT IN AUTORENEWAL.


CLASS PACKAGES REFERS TO ANY PURCHASE OF A PRE-DETERMINED ALLOTMENT OF CLASSES TO BE REDEEMED AT ELIGIBLE ONYX STUDIOS IN A GIVEN TIME FRAME. UNLESS OTHERWISE SPECIFIED, CLASS PACKAGES ARE NOT SUBJECT TO AUTO RENEWAL. CLASSES PURCHASED AS PART OF A CLASS PACKAGE MUST BE REDEEMED PRIOR TO THE EXPIRATION DATE THAT ACCOMPANIES THE CLASS PACKAGE. NO REFUNDS OR EXTENSIONS WILL BE GIVEN FOR EXPIRED AND UNREDEEMED CLASSES.


OUTSIDE OF OUR COMMIT AND SAVE MEMBERSHIP TERMS, ALL MEMBERSHIPS ARE SUBJECT TO PRICING CHANGES, WHICH WILL BE REASONABLY COMMUNICATED TO YOU IN ADVANCE OF ANY PRICING CHANGE.
MEMBERSHIP PAUSE.


ONYX MEMBERS MAY RECEIVE A COMPLIMENTARY TWO-WEEK PAUSE ONCE PER CALENDAR YEAR BY EMAILING HELLOW@MYONYXFIT.COM  AT LEAST 7 DAYS IN ADVANCE OF THE REQUESTED PAUSE. 


MEMBERSHIP CLASSES AND BOOKING RESTRICTIONS

ANY UNUSED CLASSES ON OUR MONTHLY MEMBERSHIPS WITHIN THE RESPECTIVE 30-DAY PERIOD WILL EXPIRE, AND WILL NOT ROLL OVER TO THE NEXT MONTH. CLASSES FROM CLASS PACKAGES WILL EXPIRE ON A SPECIFIED DATE AFTER PURCHASE AND WILL NOT BE REDEEMABLE AFTER THAT DATE. UNLIMITED MEMBERSHIPS WILL BE PERMITTED TO PRE-BOOK UP TO ONE CLASS PER DAY.


ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT. ALL NOTICES THAT THIS AGREEMENT REQUIRES TO BE PROVIDED TO ONYX SHOULD BE SENT TO LEGAL@MYONYXFIT.COM


1. DISPUTES THAT MUST BE ARBITRATED
THIS AGREEMENT TO ARBITRATE APPLIES TO ANY DISPUTE BETWEEN YOU AND ONYX  “DISPUTE” MEANS ANY DISPUTE, CLAIM, OR CONTROVERSY (EXCLUDING THOSE EXCEPTIONS LISTED BELOW) BETWEEN YOU AND ONYX WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, THAT EITHER OF US SEEKS LEGAL RECOURSE FOR AND THAT ARISES OUT OF OR IN ANY WAY RELATES TO YOUR USE OR ATTEMPTED USE OF THE ACTIVITIES, OR THE ONYX WEBSITE OR APPLICATION (WHETHER ARISING OUT OF OR RELATING TO PAST, PRESENT, OR FUTURE ACTS OR OMISSIONS). DISPUTES THAT MUST BE RESOLVED BY AN ARBITRATOR ALSO INCLUDE DISPUTES OVER THE VALIDITY, ENFORCEABILITY, OR SCOPE OF THIS AGREEMENT TO ARBITRATE OR ANY PORTION OF IT.
THE EXCEPTIONS TO THIS ARBITRATION REQUIREMENT ARE: (I) CLAIMS THAT CAN BE BROUGHT AS INDIVIDUAL ACTIONS IN SMALL-CLAIMS COURT; (II) PURSUIT OF ENFORCEMENT ACTIONS THROUGH A GOVERNMENT AGENCY IF THE LAW ALLOWS; (III) AN ACTION TO COMPEL OR UPHOLD ANY PRIOR ARBITRATION DECISION; (IV) YOUR OR OUR RIGHT TO SEEK INJUNCTIVE RELIEF IN A COURT OF LAW TO PRESERVE THE STATUS QUO WHILE AN ARBITRATION PROCEEDS; (V) THE ENFORCEABILITY OF THE REQUIREMENT THAT ARBITRATIONS MUST BE CONDUCTED ON AN INDIVIDUAL RATHER THAN A CLASS BASIS; AND (VI) CERTAIN ROLES EXPRESSLY SPECIFIED FOR COURTS IN THE TERMS BELOW.


2. INFORMAL RESOLUTION
IF YOU HAVE A DISPUTE AGAINST US OR IF WE HAVE A DISPUTE AGAINST YOU, WE WILL ATTEMPT TO RESOLVE THE DISPUTE INFORMALLY BEFORE AN ARBITRATION IS FILED IN ORDER TO RESOLVE THE DISPUTE FASTER AND REDUCE COSTS FOR BOTH PARTIES. YOU AND WE WILL MAKE A GOOD-FAITH EFFORT TO NEGOTIATE THE RESOLUTION OF ANY DISPUTE FOR AT LEAST 30 DAYS (“INFORMAL RESOLUTION”) FROM THE DAY YOU OR WE RECEIVE A WRITTEN NOTICE OF A DISPUTE FROM THE OTHER PARTY (A “NOTICE OF DISPUTE”) IN ACCORDANCE WITH THESE TERMS.
YOU MUST SEND ANY NOTICE OF DISPUTE TO THE ADDRESS FOR ONYX SPECIFIED ABOVE, ATTN: NOTICE OF DISPUTE. WE WILL SEND ANY NOTICE OF DISPUTE TO YOUR REGISTERED EMAIL ADDRESS AND ANY ADDRESS YOU HAVE PROVIDED US. THE NOTICE OF DISPUTE SENT BY EITHER PARTY MUST INCLUDE THE SENDER’S NAME, ADDRESS, AND OTHER CONTACT INFORMATION, A DESCRIPTION OF THE DISPUTE (INCLUDING ANY RELEVANT ACCOUNT NAMES), AND WHAT RESOLUTION TO THE DISPUTE IS BEING SOUGHT. THE NOTICE REQUIREMENT IS DESIGNED TO ALLOW US (OR YOU, IN THE CASE OF A DISPUTE WE ASSERT AGAINST YOU) TO MAKE A FAIR, FACT-BASED OFFER OF SETTLEMENT IF WE OR YOU CHOOSE TO DO SO. YOU AND WE CANNOT PROCEED TO ARBITRATION UNLESS THIS INFORMATION HAS BEEN PROVIDED. IF YOU OR WE PROCEED TO ARBITRATION WITHOUT PROVIDING A COMPLIANT NOTICE OF DISPUTE, THE SUFFICIENCY OF A NOTICE OF DISPUTE IS AN ISSUE TO BE DECIDED BY A COURT. A COURT MAY ENJOIN THE FILING OF AN ARBITRATION DEMAND THAT HAS NOT BEEN PRECEDED BY A COMPLIANT NOTICE OF DISPUTE AND MAY ORDER A PARTY THAT HAS FILED AN ARBITRATION DEMAND WITHOUT HAVING PROVIDED A COMPLIANT NOTICE TO REIMBURSE THE OTHER PARTY FOR ANY ARBITRATION FEES AND COSTS ALREADY INCURRED.
WE HOPE YOU WILL TRY INFORMAL RESOLUTION FIRST, AND YOU MUST DO SO BEFORE COMMENCING AN ARBITRATION, BUT YOU DON’T HAVE TO BEFORE GOING TO SMALL-CLAIMS COURT.


3. SMALL CLAIMS COURT
YOU AND WE AGREE THAT DISPUTES THAT QUALIFY FOR SMALL-CLAIMS COURT IN EITHER THE COUNTY WHERE YOU LIVE OR THE UNITED STATES MAY BE BROUGHT AS INDIVIDUAL ACTIONS ONLY IN SUCH SMALL-CLAIMS COURTS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN A SMALL CLAIMS COURT.


4. BINDING INDIVIDUAL ARBITRATION
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. UNDER NO CIRCUMSTANCES DO WE CONSENT TO HAVE ANY DISPUTES ARBITRATED USING CLASS ACTION PROCEDURES, EVEN IF THE ARBITRATION PROVIDER HAS RULES PERMITTING CLASS ARBITRATIONS.
YOU AND WE AGREE THAT DISPUTES WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION CONDUCTED ACCORDING TO THE UNITED STATES FEDERAL ARBITRATION ACT (“FAA”) AND FEDERAL ARBITRATION LAW IN EFFECT WHEN THE DISPUTE ARISES, AS MODIFIED BY THIS AGREEMENT.
“ARBITRATION” MEANS THAT DISPUTES BETWEEN US WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.

“INDIVIDUAL” MEANS THAT THE ARBITRATOR MAY AWARD THE SAME REMEDIES TO YOU OR TO US AS A COURT COULD, BUT ONLY TO SATISFY YOUR OR OUR INDIVIDUAL CLAIMS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE ARBITRATOR MAY NOT AWARD MONEY OR OTHER RELIEF FOR THE BENEFIT OF ANY PERSON OTHER THAN YOU OR US AS PART OF THE RESOLUTION OF ANY DISPUTE.
“BINDING” MEANS THAT BOTH YOU AND WE WILL HAVE TO LIVE WITH THE ARBITRATOR’S DECISION, EXCEPT TO THE LIMITED EXTENT APPEALS TO A COURT ARE PERMITTED UNDER THE FAA. AS LIMITED BY THE FAA, THIS AGREEMENT, AND THE RULES APPLICABLE TO THE ARBITRATION, THE ARBITRATOR WILL HAVE EXCLUSIVE AUTHORITY TO MAKE ALL PROCEDURAL AND SUBSTANTIVE DECISIONS REGARDING ANY DISPUTE AND TO GRANT ANY REMEDY THAT WOULD OTHERWISE BE AVAILABLE IN COURT, INCLUDING THE POWER TO DETERMINE THE QUESTION OF ARBITRABILITY. THE ARBITRATOR WILL HAVE AUTHORITY TO AWARD TEMPORARY, INTERIM, OR PERMANENT INJUNCTIVE RELIEF OR RELIEF PROVIDING FOR SPECIFIC PERFORMANCE OF THIS AGREEMENT, BUT (AS PROVIDED ABOVE) ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF TO A PARTY IN ARBITRATION WARRANTED BY THE INDIVIDUAL CLAIM BEFORE THE ARBITRATOR. THE AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED AND ENFORCED IN ANY COURT HAVING JURISDICTION.


5. ARBITRATION PROCEDURE
THE ARBITRATION WILL BE CONDUCTED BY A SINGLE ARBITRATOR. YOU AND WE BOTH AGREE THAT THE ARBITRATION WILL BE CONDUCTED IN THE ENGLISH LANGUAGE AND THAT THE ARBITRATOR WILL BE BOUND BY THIS AGREEMENT.
FOR DISPUTES IN WHICH THE CLAIMANT SEEKS LESS THAN $10,000, THE ARBITRATOR WILL DECIDE THE MATTER SOLELY ON THE BASIS OF WRITTEN SUBMISSIONS, WITHOUT A FORMAL HEARING, UNLESS THE ARBITRATOR DECIDES THAT A FORMAL HEARING IS NECESSARY. FOR MATTERS IN WHICH THE CLAIMANT SEEKS $10,000 OR MORE, OR SMALLER MATTERS IN WHICH THE ARBITRATOR DETERMINES A HEARING TO BE NECESSARY, HEARINGS SHALL BE CONDUCTED BY VIDEO OR TELEPHONE, UNLESS THE ARBITRATOR DETERMINES AN IN-PERSON HEARING TO BE NECESSARY. IF AN IN-PERSON HEARING IS REQUIRED, AND YOU RESIDE IN THE UNITED STATES, THE HEARING WILL TAKE PLACE IN CHICAGO, IL, UNLESS THE ARBITRATOR DETERMINES THAT THIS WOULD POSE A HARDSHIP FOR THE CLAIMANT, IN WHICH CASE THE IN-PERSON HEARING MAY BE CONDUCTED IN THE CLAIMANT’S STATE AND COUNTY OF RESIDENCE. 


THE ARBITRATOR (NOT A JUDGE OR JURY) WILL RESOLVE THE DISPUTE. UNLESS YOU AND WE AGREE OTHERWISE, ANY DECISION OR AWARD WILL INCLUDE A WRITTEN STATEMENT STATING THE DECISION OF EACH CLAIM AND THE BASIS FOR THE AWARD, INCLUDING THE ARBITRATOR’S ESSENTIAL FACTUAL AND LEGAL FINDINGS ANDCONCLUSIONS. THE ARBITRATOR WILL HAVE THE AUTHORITY TO GRANT MOTIONS DISPOSITIVE OF ALL OR PART OF ANY CLAIM.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE ARBITRATOR MAY ONLY AWARD LEGAL OR EQUITABLE REMEDIES THAT ARE INDIVIDUAL TO YOU OR US TO SATISFY ONE OF OUR INDIVIDUAL CLAIMS (THAT THE ARBITRATOR DETERMINES ARE SUPPORTED BY CREDIBLE RELEVANT EVIDENCE).


AN ARBITRATION AWARD, AND ANY JUDGMENT CONFIRMING IT, APPLY ONLY TO THAT SPECIFIC CASE; IT CANNOT BE USED OR OFFERED AS PRECEDENT IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
ALL ASPECTS OF THE ARBITRATION PROCEEDING, INCLUDING BUT NOT LIMITED TO, THE AWARD OF THE ARBITRATOR AND COMPLIANCE THEREWITH, WILL BE STRICTLY CONFIDENTIAL. THE PARTIES AGREE TO MAINTAIN CONFIDENTIALITY UNLESS OTHERWISE REQUIRED BY LAW. THIS PARAGRAPH WILL NOT PREVENT A PARTY FROM SUBMITTING TO A COURT OF LAW ANY INFORMATION NECESSARY TO ENFORCE THIS ARBITRATION AGREEMENT OR TO ENFORCE AN ARBITRATION AWARD.


ANY DECISION OR AWARD MAY BE ENFORCED AS A FINAL JUDGMENT BY ANY COURT OF COMPETENT JURISDICTION OR, IF APPLICABLE, APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL CONFIRMATION OF ANY AWARD AND AN ORDER OF ENFORCEMENT.


6. CONSUMER ARBITRATION FEES
IF YOU START AN ARBITRATION AGAINST US, YOU WILL PAY THE FILING FEE REQUIRED FOR CONSUMER ARBITRATIONS. IF WE START AN ARBITRATION AGAINST YOU, WE WILL PAY ALL FILING FEES, INCLUDING THE SHARETHAT ORDINARILY WOULD HAVE BEEN BORNE BY YOU.


ARBITRATION COSTS DO NOT INCLUDE YOUR ATTORNEYS’ FEES AND EXPENSES IF YOU CHOOSE TO BE REPRESENTED BY AN ATTORNEY. IF YOU CHOOSE TO BE REPRESENTED BY AN ATTORNEY, YOU WILL PAY YOUR OWN ATTORNEYS’ FEES AND COSTS UNLESS THE APPLICABLE LAW PROVIDES OTHERWISE. NOTHING IN THIS PROVISION SHOULD BE CONSTRUED AS PREVENTING THE ARBITRATOR FROM AWARDING ATTORNEYS’ FEES TO THE PREVAILING PARTY IF APPLICABLE LAW.


7. NOTICE AND FILING
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU OR WE MUST START ARBITRATION OF A DISPUTE WITHIN ONE (1) YEARS FROM WHEN THE DISPUTE FIRST AROSE. IF APPLICABLE LAW REQUIRES YOU OR US TO BRING A CLAIM FOR A DISPUTE SOONER THAN TWO YEARS AFTER THE DISPUTE FIRST AROSE, THAT SHORTER DEADLINE APPLIES INSTEAD. THE FAILURE TO BEGIN ARBITRATION REGARDING A DISPUTE WITHIN THE TIME FRAMES DESCRIBED ABOVE IN THIS SECTION SHALL BAR THE DISPUTE, WHICH MEANS THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WILL NOT HAVE THE RIGHT TO ASSERT THE DISPUTE.


8. SPECIAL RULES FOR COORDINATED FILINGS
IF 25 OR MORE DISPUTES ARE INITIATED WITH THE ARBITRATOR THAT RAISE SIMILAR CLAIMS, AND COUNSEL FOR THE CLAIMANTS ARE THE SAME OR COORDINATED, THESE WILL BE CONSIDERED “COORDINATED CASES” AND THE ARBITRATION PROVIDER WILL TREAT THEM AS SUCH, INCLUDING WITH RESPECT TO ITS FEE SCHEDULE FOR MASS ARBITRATION FILINGS. APPLICABLE STATUTES OF LIMITATIONS WILL BE TOLLED FOR ALL CLAIMANTS ONCE THEY HAVE PROVIDED COMPLIANT NOTICES OF DISPUTE TO US, BUT DEMANDS FOR ARBITRATION IN COORDINATED CASES SHALL ONLY BE FILED WITH THE ARBITRATION PROVIDER AS PERMITTED BY THE BELLWETHER PROCESS SET FORTH BELOW.
ONCE NOTICES OF DISPUTE HAVE BEEN PROVIDED TO US FOR COORDINATED CASES, COUNSEL FOR CLAIMANTS AND COUNSEL FOR US SHALL CONFER IN GOOD FAITH REGARDING THE NUMBER OF CASES THAT SHOULD PROCEED AS BELLWETHERS, TO ALLOW EACH SIDE TO TEST THE MERITS OF ITS ARGUMENTS, BEFORE THE REMAINDER OF CLAIMS MAY BE FILED WITH THE ARBITRATION PROVIDER. ANY NUMBER CHOSEN MUST BE AN EVEN NUMBER SO AS TO ALLOW EACH SIDE TO DESIGNATE HALF OF THE CASES SELECTED FOR BELLWETHER TRIALS. IF COUNSEL FOR CLAIMANTS AND FOR US DO NOT AGREE ON THE NUMBER OF BELLWETHERS, THE NUMBER SHALL BE CHOSEN BY THE ARBITRATION PROVIDER AS AN ADMINISTRATIVE MATTER (OR, IN THE ARBITRATION PROVIDER’S DISCRETION, BY A PROCESS ARBITRATOR). FACTORS THAT THE ARBITRATION PROVIDER MAY CONSIDER IN MAKING THIS DECISION INCLUDE THE COMPLEXITY OF THE DISPUTE AND DIFFERENCES IN FACTS OR APPLICABLE LAWS AMONG VARIOUS CLAIMS. ONCE THE NUMBER OF BELLWETHERS IS FIXED, BY AGREEMENT OR BY THE ARBITRATION PROVIDER, EACH SIDE SHALL EACH SELECT HALF THAT NUMBER FROM AMONG THE CLAIMANTS WHO HAVE PROVIDED COMPLIANT NOTICES OF DISPUTE, AND ONLY THOSE CHOSEN CLAIMS MAY BE FILED WITH THE ARBITRATION PROVIDER. YOU AGREE THAT IF YOUR CASE IS AMONG COORDINATED CASES FILED AGAINST US, THE RESOLUTION OF YOUR PERSONAL CLAIM MIGHT BE DELAYED BY THIS BELLWETHER PROCESS.


A SINGLE ARBITRATOR SHALL PRESIDE OVER EACH COORDINATED CASE CHOSEN FOR A BELLWETHER PROCEEDING, AND ONLY ONE COORDINATED CASE MAY BE ASSIGNED TO EACH ARBITRATOR AS PART OF A BELLWETHER PROCESS UNLESS THE PARTIES AGREE OTHERWISE.


ONCE ALL BELLWETHER TRIALS HAVE CONCLUDED (OR SOONER IF THE COUNSEL FOR THE CLAIMANTS AND US AGREE), THE PARTIES MUST ENGAGE IN A SINGLE MEDIATION OF ALL REMAINING CASES, WITH EACH SIDE PAYING HALF THE APPLICABLE MEDIATION FEE. COUNSEL FOR CLAIMANTS AND FOR US MUST AGREE ON A MEDIATOR WITHIN 30 DAYS AFTER THE CONCLUSION OF THE LAST BELLWETHER TRIAL. IF COUNSEL FOR CLAIMANTS AND FOR US CANNOT AGREE ON A MEDIATOR WITHIN 30 DAYS, THE ARBITRATION PROVIDER WILL APPOINT A MEDIATOR AS AN ADMINISTRATIVE MATTER. COUNSEL FOR THE CLAIMANTS AND FOR US WILL COOPERATE FOR THE PURPOSE OF ENSURING THAT THE MEDIATION IS SCHEDULED AS QUICKLY AS PRACTICABLE AFTER THE MEDIATOR IS APPOINTED.
IF THE MEDIATION DOES NOT YIELD A GLOBAL RESOLUTION, THIS ARBITRATION REQUIREMENT SHALL NO LONGER APPLY TO CLAIMANTS IN COORDINATED CASES WHO PROVIDED COMPLIANT NOTICES OF DISPUTE BUT WHOSE CLAIMS WERE NOT RESOLVED IN BELLWETHER PROCEEDINGS. THEIR CASES MAY BE FILED ONLY IN THE COURTS IN THE STATE OF ILLINOIS, OR IF FEDERAL JURISDICTION EXISTS, AND YOU CONSENT AS PART OF THESE TERMS TO VENUE SUCH CASES EXCLUSIVELY IN THESE COURTS. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED AS PROHIBITING EITHER YOU OR US FROM REMOVING A CASE FROM STATE TO FEDERAL COURT IF REMOVAL IS ALLOWED UNDER APPLICABLE LAW. TO THE EXTENT YOU ARE ASSERTING THE SAME CLAIMS AS OTHER PERSONS AND ARE REPRESENTED BY COMMON OR COORDINATED COUNSEL, YOU AGREE TO WAIVE ANY OBJECTION THAT THE JOINDER OF ALL SUCH PERSONS IS IMPRACTICABLE. IF A FORMERLY ARBITRABLE DISPUTE IS BROUGHT IN COURT, CLAIMANTS MAY SEEK CLASS TREATMENT, BUT TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE CLASSES SOUGHT MAY COMPRISE ONLY THE CLAIMANTS IN THE COORDINATED CASES WHO PROVIDED COMPLIANT NOTICES OF DISPUTE, AND WE RESERVE THE RIGHT TO CONTEST CLASS CERTIFICATION AT ANY STAGE OF THE LITIGATION AND ON ANY AVAILABLE BASIS.


A COURT SHALL HAVE AUTHORITY TO ENFORCE THIS BELLWETHER PROCESS AND MAY ENJOIN THE FILING OF LAWSUITS OR ARBITRATION DEMANDS NOT MADE IN COMPLIANCE WITH IT.


9. CLASS ACTION WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY CASE NOT SUBJECT TO THE REQUIREMENT TO ARBITRATE (EXCEPT TO THE LIMITED EXTENT DISCUSSED ABOVE FOR COORDINATED CASES), YOU AND WE WILL ONLY BRING DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN US IN AN INDIVIDUAL CAPACITY AND SHALL NOT SEEK TO BRING, JOIN, OR PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION, COLLECTIVE OR CLASS-WIDE ARBITRATION, OR ANY OTHER ACTION WHERE ANOTHER INDIVIDUAL OR ENTITY ACTS IN A REPRESENTATIVE CAPACITY (LIKE PRIVATE ATTORNEY GENERAL ACTIONS); OR CONSOLIDATE OR COMBINE INDIVIDUAL PROCEEDINGS OR PERMIT ANOTHER TO DO SO WITHOUT THE EXPRESS CONSENT OF ALL PARTIES TO THIS AGREEMENT. FOR AVOIDANCE OF DOUBT, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THIS CLASS ACTION WAIVER APPLIES EVEN IF A COURT FINDS THAT A DISPUTE IS NOT SUBJECT TO MANDATORY ARBITRATION.

 

CONSUMER RIGHTS TO CANCELLATION

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ILLINOIS
YOUR PURCHASE OF ONYX CLASSES MAY BE CANCELLED BY YOU WITHIN THREE BUSINESS DAYS AFTER FIRST PURCHASE (AUTO-RENEWALS ARE SUBJECT TO THE 30-DAY NOTICE POLICY), AND ALL MONIES PAID, SUBJECT TO ANY CLASSES USED, SHALL BE REFUNDED TO YOU. BUSINESS DAY SHALL MEAN ANY DAY ON WHICH THE STUDIO IS OPEN FOR BUSINESS. IF YOU PURCHASE A CLASS OR PACKAGE OF CLASSES AT A STUDIO WHICH HAS NOT YET OPENED FOR BUSINESS, YOU SHALL HAVE SEVEN CALENDAR DAYS IN WHICH TO CANCEL THE PURCHASE AND RECEIVE A FULL REFUND OF ALL MONIES PAID.


IN THE EVENT OF THE RELOCATION OF YOUR RESIDENCE TO FARTHER THAN 25 MILES FROM ANY ONYX STUDIO IN ILLINOIS, AND UPON THE FAILURE OF ONYXTO DESIGNATE A CENTER, WITH COMPARABLE FACILITIES AND SERVICES WITHIN 25 MILES OF YOUR NEW RESIDENCE, YOU MAY CANCEL THE YOUR PURCHASE OF ONYX CLASSES AND SHALL ONLY BE LIABLE FOR ANY USED CLASSES YOU HAVE PURCHASED. 


IF, BECAUSE OF DEATH OR DISABILITY, YOU ARE UNABLE TO USE OR RECEIVE ALL SERVICES CONTRACTED FOR, YOU, OR YOUR ESTATE, SHALL ONLY BE LIABLE FOR ANY USED CLASSES ALLOCABLE TO THE TIME PRIOR TO DEATH OR THE ONSET OF DISABILITY. THE STUDIO SHALL IN SUCH EVENT HAVE THE RIGHT TO REQUIRE AND VERIFY REASONABLE EVIDENCE OF SUCH DEATH OR DISABILITY.


YOUR NOTICE OF CANCELLATION MUST BE IN WRITING AND DELIVERED BY CERTIFIED OR REGISTERED MAIL TO ONYX MANAGEMENT SERVICES LLC,102 W. CHICAGO AVE. CHICAGO IL, 60613. ALL REFUNDS TO WHICH YOU OR YOUR ESTATE ARE ENTITLED SHALL BE MADE WITHIN 30 DAYS OF RECEIPT BY ONYX OF THE CANCELLATION NOTICE.


INTELLECTUAL PROPERTY RIGHTS

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THE TRADEMARKS AND TRADE DRESS OF ONYX ARE PROPRIETARY TO ONYX AND MAY NOT BE USED BY YOU FOR ANY REASONS OTHER THAN AS EXPRESSLY PERMITTED BY THESE TERMS. ALL WEBSITE AND APP CONTENT, DESIGN, TEXT, GRAPHICS, AND INTERFACES; THE COLLECTION, SELECTION, AND ARRANGEMENT THEREOF; AND ALL SOFTWARE ARE PROPERTY OF, OR DULY LICENSED TO, ONYX. YOU HAVE THE RIGHT TO VIEW, ELECTRONICALLY COPY, AND PRINT IN HARD COPY PORTIONS OF THE WEBSITE AND APP FOR THE SOLE PURPOSE OF MAKING CLASS 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 ONYX, IS STRICTLY PROHIBITED.


YOU ACKNOWLEDGE THAT ONYX AND/OR THIRD PARTY CONTENT PROVIDERS REMAIN THE OWNERS OF ALL WEBSITE AND APP 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. ONYX MAY DISCONTINUE OR REMOVE THE WEBSITE OR APP, OR ANY PORTION THEREOF, OR DISCONTINUE YOUR RIGHT TO USE THE WEBSITE OR APP, OR ANY PORTION THEREOF, AT ANY TIME.


USE OF IMAGE AND LIKENESS


BY USING THE SERVICES OFFERED BY ONYX, YOU GRANT ONYX AN UNRESTRICTED, SUBLICENSABLE, ASSIGNABLE, IRREVOCABLE, PERPETUAL, WORLDWIDE, ROYALTY-FREE LICENSE TO YOUR VOICE, IMAGE, PERSONA, LIKENESS, AND PERFORMANCE IN ANY AUDIO, VISUAL, AND AUDIOVISUAL RECORDINGS (INCLUDING, BUT NOT LIMITED TO, PHOTOGRAPHS, DIGITAL IMAGES, DIGITAL VIDEO, DIGITAL AUDIO, VIDEO TAPE, AND AUDIO TAPE) TAKEN OR TO BE TAKEN BY OR ON BEHALF OF THE ONYX DURING YOUR PARTICIPATION IN ANY ACTIVITY HOSTED OR SPONSORED BY ONYX ( “CONTENT”). THIS LICENSE INCLUDES WITHOUT LIMITATION THE RIGHT TO: (A) REPRODUCE, MODIFY, CREATE DERIVATIVE WORKS OF, AND OTHERWISE USE THE CONTENT OR DERIVATIVE WORK THEREOF, IN WHOLE OR IN PART, IN ANY MANNER AND MATTER OR IN COMBINATION WITH ANY OTHER MATERIAL, IN ANY FORMAT OR MEDIA, WHETHER NOW EXISTING OR HEREAFTER DEVISED, INCLUDING, BUT NOT LIMITED TO, TEXT, DATA, IMAGES, PHOTOGRAPHS, ILLUSTRATIONS, ANIMATION AND GRAPHICS, VIDEO, AUDIO, AND ALL FORMATS OF COMPUTER READABLE ELECTRONIC, MAGNETIC, DIGITAL, LASER, OR OPTICAL BASED MEDIA (“WORKS”); AND (B) PUBLICLY DISPLAY, PUBLICLY PERFORM, SELL, RENT, DISTRIBUTE (DIRECTLY OR INDIRECTLY), TRANSMIT, OR BROADCAST THE WORKS BY ANY MEANS NOW KNOWN OR HEREAFTER DEVISED. YOU WAIVE THE RIGHT TO INSPECT, APPROVE OR EDIT ANY SUCH USE OR REPRODUCTION, AND [SOLIDCORE] MAY MAKE ALL CHANGES, MODIFICATIONS, REARRANGEMENTS, ADDITIONS OR DELETIONS IN ITS USE REPRODUCTIONS WITHOUT ANY APPROVAL. THIS PERMISSION EXTENDS TO ALL LANGUAGES, MEDIA, FORMATS AND MARKETS NOW KNOWN OR HEREAFTER DEVISED.


MOBILE TERMS OF SERVICE


YOUR USE OF ONYX’S MOBILE MESSAGE SERVICE (“MOBILE SERVICE”) CONSTITUTES YOUR AGREEMENT TO THESE ADDITIONAL TERMS AND CONDITIONS (“MOBILE TERMS”). WE MAY MODIFY OR CANCEL THE MOBILE SERVICE OR ANY OF ITS FEATURES WITHOUT NOTICE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAY ALSO MODIFY THESE MOBILE TERMS AT ANY TIME AND YOUR CONTINUED USE OF THE MOBILE SERVICE FOLLOWING THE EFFECTIVE DATE OF ANY SUCH CHANGES SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
BY CONSENTING TO ONYX’S SMS/TEXT MESSAGING SERVICE, YOU AGREE TO RECEIVE RECURRING SMS/TEXT MESSAGES FROM AND ON BEHALF OF [SOLIDCORE] THROUGH YOUR WIRELESS PROVIDER TO THE MOBILE NUMBER YOU PROVIDED, EVEN IF YOUR MOBILE NUMBER IS REGISTERED ON ANY STATE OR FEDERAL DO NOT CALL LIST. TEXT MESSAGES MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER TECHNOLOGY. MOBILE SERVICE-RELATED MESSAGES MAY INCLUDE UPDATES, ALERTS, AND INFORMATION (E.G., ORDER UPDATES, ACCOUNT ALERTS, ETC.). PROMOTIONAL MESSAGES MAY INCLUDE SPECIALS, CART ABANDONMENT, PROMOTIONS, AND OTHER MARKETING OFFERS (E.G., CART REMINDERS).


YOU UNDERSTAND THAT YOU DO NOT HAVE TO SIGN UP FOR THIS PROGRAM IN ORDER TO MAKE ANY PURCHASES, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE WITH ONYX. YOUR PARTICIPATION IN THIS PROGRAM IS COMPLETELY VOLUNTARY.


WE DO NOT CHARGE FOR THE MOBILE SERVICE, BUT YOU ARE RESPONSIBLE FOR ALL CHARGES AND FEES ASSOCIATED WITH TEXT MESSAGING IMPOSED BY YOUR WIRELESS PROVIDER. MESSAGE FREQUENCY VARIES. MESSAGE AND DATA RATES MAY APPLY. CHECK YOUR MOBILE PLAN AND CONTACT YOUR WIRELESS PROVIDER FOR DETAILS. YOU ARE SOLELY RESPONSIBLE FOR ALL CHARGES RELATED TO SMS/TEXT MESSAGES, INCLUDING CHARGES FROM YOUR WIRELESS PROVIDER.


YOU MAY OPT-OUT OF THE MOBILE SERVICE AT ANY TIME. TEXT THE SINGLE KEYWORD COMMAND STOP OR CLICK THE UNSUBSCRIBE LINK (WHERE AVAILABLE) IN ANY TEXT MESSAGE TO CANCEL. YOU’LL RECEIVE A ONE-TIME OPT-OUT CONFIRMATION TEXT MESSAGE. NO FURTHER MESSAGES WILL BE SENT TO YOUR MOBILE DEVICE, UNLESS INITIATED BY YOU. IF YOU HAVE SUBSCRIBED TO OTHER ONYX MOBILE MESSAGE PROGRAMS AND WISH TO CANCEL, EXCEPT WHERE APPLICABLE LAW REQUIRES OTHERWISE, YOU WILL NEED TO OPT OUT SEPARATELY FROM THOSE PROGRAMS BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THEIR RESPECTIVE MOBILE TERMS.


FOR MOBILE SERVICE SUPPORT OR ASSISTANCE, EMAIL HELLO@MYONYXFIT.COM.


WE MAY CHANGE ANY SHORT CODE OR TELEPHONE NUMBER WE USE TO OPERATE THE MOBILE SERVICE AT ANY TIME AND WILL NOTIFY YOU OF THESE CHANGES. YOU ACKNOWLEDGE THAT ANY MESSAGES, INCLUDING ANY STOP OR HELP REQUESTS, YOU SEND TO A SHORT CODE OR TELEPHONE NUMBER WE HAVE CHANGED MAY NOT BE RECEIVED AND WE WILL NOT BE RESPONSIBLE FOR HONORING REQUESTS MADE IN SUCH MESSAGES.
THE WIRELESS CARRIERS SUPPORTED BY THE MOBILE SERVICE ARE NOT LIABLE FOR DELAYED OR UNDELIVERED MESSAGES. YOU AGREE TO PROVIDE US WITH A VALID MOBILE NUMBER. IF YOU GET A NEW MOBILE NUMBER, YOU WILL NEED TO SIGN UP FOR THE PROGRAM WITH YOUR NEW NUMBER.


TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR FAILED, DELAYED, OR MISDIRECTED DELIVERY OF ANY INFORMATION SENT THROUGH THE MOBILE SERVICE, ANY ERRORS IN SUCH INFORMATION, AND/OR ANY ACTION YOU MAY OR MAY NOT TAKE IN RELIANCE ON THE INFORMATION OR MOBILE SERVICE.


TO SEE HOW WE COLLECT AND USE YOUR PERSON INFORMATION, PLEASE SEE OUR PRIVACY POLICY.


WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY


IN NO EVENT WILL ONYX BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE, THE APP, OR ON ANY OTHER LINKED/THIRD-PARTY WEBSITE, YOUR PURCHASE OF ONYX CLASSES, YOUR RIGHTS TO CANCEL YOUR PURCHASE OF ONYX CLASSES, YOUR REGISTRATION FOR CLASSES, YOUR PURCHASE OF MERCHANDISE, YOUR COMMUNICATION WITH ONYX, AND YOUR USE OF AND ATTENDANCE AT [SOLIDCORE]’S STUDIOS, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEMS OR OTHERWISE, INCLUDING ANY CLAIMS WAIVED BY YOU PREVIOUSLY IN THIS AGREEMENT EVEN IF ONYX EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.


ALL INFORMATION, GOODS, SERVICES, PRODUCTS AND EXPERIENCES ARE PROVIDED BY ONYX ON AN “AS IS” BASIS ONLY. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE GOODS, SERVICES, PRODUCTS AND EXPERIENCES REMAINS WITH YOU. SHOULD THE GOODS, SERVICES, PRODUCTS AND/OR EXPERIENCES PROVE DEFECTIVE AFTER PURCHASE, YOU ASSUME THE ENTIRE COST OF SUCH DEFECT. ONYX PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
ACCEPTANCE OF TERMS


BY USING THE WEBSITE OR APP, BY BUYING ONYX CLASSES, ATTENDING CLASSES, AND/OR BUYING MERCHANDISE, YOU SIGNIFY YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS. OCCASIONAL CHANGES MAY BE MADE TO THIS DOCUMENT TO REFLECT CHANGES IN ONYX’S POLICIES. THESE TERMS AND CONDITIONS MAY BE REVISED AT ANY TIME, IN OUR SOLE DISCRETION, BY UPDATING THIS POSTING, AND YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS. WE ENCOURAGE YOU TO CHECK THIS DOCUMENT PERIODICALLY TO STAY INFORMED OF OUR CURRENT GUIDELINES. IF WE MODIFY MATERIAL TERMS TO THESE TERMS AND CONDITIONS, SUCH MODIFICATION WILL BE EFFECTIVE AFTER WE SEND YOU NOTICE OF THE AMENDED AGREEMENT, IF PERMITTED UNDER THE APPLICABLE LAW. SUCH NOTICE WILL BE IN OUR SOLE DISCRETION, AND THE MANNER OF THE NOTIFICATION MAY BE VIA EMAIL, POSTED NOTICE ON THE WEBSITE OR APP, OR OTHER MANNER. YOUR FAILURE TO CEASE USE OF THE SERVICES AFTER RECEIVING NOTIFICATION OF THE MODIFICATION WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.


CONTACT US
IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS AND CONDITIONS, YOU CAN REACH US AT LEGAL@MYONYXFIT.COM

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