Athletic Club terms and conditions

1. Introduction  

These Terms and conditions apply to Athletic Club (AC) Court Reserve and website and to the  transactions related to our products and services. You may be bound by additional contracts related to  your relationship with us or any products or services that you receive from us. If any provisions of the  additional contracts conflict with any provisions of these Terms, the provisions of these additional  contracts will control and prevail. 

2. Binding 

By registering with, accessing, or otherwise using AC Court Reserve and website, you hereby agree to be  bound by these Terms and conditions set forth below. The mere use of AC Court Reserve and website  implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can  also ask you to explicitly agree. 

3. Electronic Communication  

By using AC Court Reserve and website or communicating with us by electronic means, you agree and  acknowledge that we may communicate with you electronically on our website or by sending an email  to you, and you agree that all agreements, notices, disclosures, and other communications that we  provide to you electronically satisfy any legal requirement, including but not limited to the requirement  that such communications should be in writing. 

4. SMS Messaging Services 

By providing my phone number, I consent to receive SMS text messages from Athletic Club for  appointment reminders, classes and/or general two-way communication. Message and Data Rates may  apply. 

4.1 Message Frequency 

You will get more than one message from us unless you opt-out, while messaging frequency varies, you  will likely receive one message a month. Athletic Club (AC) reserves the right to alter the frequency of  messages at any time to increase or decrease the total messages. Athletic Club (AC) and carriers are to  not liable for delays or undelivered messages 

4.2 Message and Data Rates 

Message and data rates may apply based on your mobile carrier’s terms.

4.3 Cancellation/Opt-Out Instruction 

You can opt out of receiving SMS messages at any time by replying STOP to any messages we send you.  After you opt out of text messaging, you will receive one additional message confirmation your request  has been processed. 

4.4 Help/Customer Support 

Text the word HELP for support. You may also contact us directly at 605/342-1998. 5. Third-Party Property  

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or  review the content of other party’s websites which are linked to from this website. Products or services  offered by other websites shall be subject to the applicable Terms and Conditions of those third parties.  

Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by  us. We will not be responsible for any privacy practices or content of these sites. You bear all risks  associated with the use of these websites and any related third-party services. We will not accept any  responsibility for any loss or damage in whatever manner, however caused, resulting from your  disclosure to third parties of personal information. 

6. Responsible Use 

By visiting our website, you agree to use it only for the purposes intended and as permitted by these  Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online  practices and industry guidelines. You must not use our website or services to use, publish or distribute  any material which consists of (or is linked to) malicious computer software; use data collected from our  website for any direct marketing activity, or conduct any systematic or automated data collection  activities on or in relation to our website. Engaging in any activity that causes, or may cause, damage to  the website or that interferes with the performance, availability, or accessibility of the website is strictly  prohibited. 

7. Registration 

You may register for an account with AC Court Reserve. During this process, you may be required to  choose a password. You are responsible for maintaining the confidentiality of passwords and account  information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to  access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

8. Prohibited Activities or Items: 

Under no circumstances is any member to train another member for compensation without  authorization from management. Insured and certified personal trainers who wish to train members can  do so by visiting our website or talking to management during staffed hours. 

The sale, distribution, or use of any illegal or illicit drugs is strictly prohibited on the premises. Anyone  found violating this policy will be immediately banned. 

9. Athletic Club Rules 

You must adhere to our rules and regulations while using our facilities. These rules may include dress  code requirements, safety guidelines, and code of conduct. Failure to comply with these rules may result  in suspension or termination of your access or membership to our facilities. 

Staff Hours: Tuesday and Thursday: 1 PM to 6 PM MST 

Saturday: 10 AM to 2 PM MST 

Holiday: Subject to Change 

Athletic Club Hours: Monday through Friday: 5 AM to 8 PM 

Saturday and Sunday: 8 AM to 4 PM 

Classes: Members must register through Court Reserve for all classes.  

Safety: Children under the age of 13 are no permitted in the weight room, cardio room, aerobics room  or bouldering wall room. Weights should be placed on the ground and not dropped with a bang. All  members with 24/7 access will not share their key or code number with anyone. 

Equipment: Members need to wipe down equipment after use and put away equipment before leaving.  If equipment is broken, staff must be notified immediately. Any member or guest who intentionally  damages any property will be held financially responsible for all damages. 

Attire: Members must wear appropriate workout clothing and workout shoes. 

Trash: Members are responsible for disposing of trash 

Drugs, Tobacco, and Vapes: This is a Drug, Tobacco and Vape Free Establishment. If any type of  uncontrolled substance is found on premise, local law enforcement will be contact. Furthermore, failure  to comply with these rules may result in suspension or termination of your access or membership to our  facilities. 

Pets: Pets are welcomed in the lobby only. Be a responsible pet owner. Pets may not be left unattended. Unfriendly pets will be asked to leave the premise. Pets are not allowed anywhere else in the facility. 

Enforcement: Failure to comply with these rules may result in suspension or termination of your access  or membership to our facilities. 

We are not responsible for any lost, stolen or damaged personal items. 

10. Conduct Expectation:  

Members will conduct themselves in a polit3e and respectful manner while on the premises. 

11. Reservation Policies: 

Members wanting to use the bouldering wall must register for time requested and reserve the space  ahead of time in Court Reserve. 

12. Membership Plans 

Membership Plans are either a month-to-month membership (the “Month-to-Month Plan”), or an  annual membership (the “Annual Plan”). Memberships may be cancelled anytime. Memberships are  non-transferable, and prices are subject to change 

13. Start Date; Renewal 

The term of your AC Membership Plan begins on the date of the purchase of your membership Plan. A  period of thirty (30) days for the Month-to-Month Plan or for a period of three hundred and sixty four  (364) days for the Annual Plan. Thereafter your Plan membership will AUTOMATICALLY RENEW AND  CONTINUE ON A MONTHLY BASIS for the Month-to-Month Plan, and ON AN ANNUAL BASIS for the  

Annual Plan, IN ACCORDANCE WITH THE AUTOMATIC RENEWAL TERMS SET FORTH IN SECTION  BELOW, UNTIL YOU EXPRESSLY CANCEL IT, OR UNTIL WE TERMINATE IT. 

14. Automatic Renewal Terms and Cancellation 

You agree that your AC Membership will have an initial term of either one-month for the Month-to Month Plan and will then automatically renew for successive one-month terms; or a one-year term for  the Annual Plan. Each Plan will automatically renew for successive terms equal in length to your Plan’s  initial term until it is cancelled or terminated. 

14.1 Month-to-Month Plan Membership:  

You may cancel your Month-to-Month Plan membership anytime using the cancellation/termination  method described below. You agree that the initial term of your Plan will start on the Start Date. You  agree that, on the 1st date of following month of the start date automatic renewal, the then-current  

membership price, plus any then-applicable taxes, fees, and charges, will be charged to your payment  profile method on file. You understand that, if you do not want your Month-to-Month membership to  renew, you must cancel/terminate it before the next automatic renewal date. You understand that you  may cancel or terminate your Month-to-Month Plan membership for any reason either by emailing AC at athleticclubbh@gmail.com or cancelling on Court Reserve website or Court Reserve App. 

14.2 Annual Plan Membership: 

You may cancel your Annual Plan membership anytime using the Court Reserve online using the online  cancellation/termination method described below. Your prepaid Annual Plan shall NOT be terminable  after the first forty-eight (48) hours after the Start date of the Annual Plan. You understand that, if you  

do not want your membership to renew, you must cancel/terminate it at least thirty (30) days before  the next automatic renewal date. You understand that you may cancel or terminate your membership  for any reason either by emailing AC at athleticclubbh@gmail.com or cancelling on Court Reserve  website or Court Reserve App. 

14.3 AC reserves the right to cancel, suspend, or revoke a membership or deny admission to any  Member at any time for any reason. Cancellation/Termination, suspension, or revocation of privileges  under a Membership Plan due to your violation of AC policies or rules, may, at AC’s sole discretion,  result in you being barred from visiting without any refund or prepaid fees. 

15. Duration of Membership 

Memberships are either on a Month-to-Month Plan or an Annual Plan from the Start Date. As provided  in Section 13 above, AC will continue to charge you, until you cancel your membership in accordance  with the cancellation procedure specified in Section 13 above, or unless AC terminates this Agreement,  at its sole option. Subject to the provisions contained herein, payments are nonrefundable and there  are no refunds or credits for partially used periods. 

16. Additional, Agreements and Covenants: 

You represent, or acknowledge and agree (as the case may be), that: 

16.1 You will maintain an active credit card, or debit card for payments (“Payment Profile”) under your  Membership Plan; 

16.2 You have the authority to bind each individual and each individual’s Membership Plan added to your Payment Profile to this Agreement; 

16.3 You will promptly notify AC of any change in your Payment Method information; 

16.4 You are an authorized user of the Payment Profile used to purchase this membership, and you will  not dispute the scheduled transactions with your bank or credit card company so long as the amounts  charged are in accordance with the terms and conditions of this Agreement; 

16.5 You understand that AC will not charge you a fee for authorizing recurring payments, but that your  financial institution may charge you a fee for accepting and processing electronic debit transactions; 

16.6 In the event the credit card provided is declined, you grant AC the permission to re-submit the card  for payment.

17. Termination of Use 

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently,  any Service thereon to AC Court Reserve. You agree that we will not be liable to you or any third party  for any such modification, suspension or discontinuance of your access to, or use of, TCBH Court  Reserve. You will not be entitled to any compensation or other payment or refunds. 

18. Language  

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and  correspondence will be written exclusively in that language. 

19. Updating of these Terms and Conditions  

We may update these Terms and Conditions from time to time. The date provided at the beginning of  these Terms and Conditions is the latest revision date. We will give you an electronic notice of any  changes or updates, and the revised Terms and Conditions will become effective from the date that we  give you such a notice. Your continued use of AC Court Reserve following the posting of changes or  updates will be considered notice of your acceptance to abide by and be bound by these Terms and  Conditions. To request a prior version of these Terms and conditions, please contact us. 

20. Choice of Law and Jurisdiction  

These Terms and Conditions shall be governed by the laws of South Dakota. Any disputes relating to  these Terms and Conditions shall be subject to the jurisdiction of the courts of South Dakota. If any part  or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or  unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to  the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The  other provisions will not be affected.