RELEASE OF LIABILITY
Using the facilities owned or operated by RAVN ATHLETICA LLC (including, without limitation, both indoor and outdoor areas specified for fitness activities by RAVN ATHLETICA LLC), or any other RAVN ATHLETICA LLC facilities involves the risk of injury to you or your guest, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your participation in the activities offered by RAVN ATHLETICA LLC, including the general use of the facilities including, without limitation, the equipment (whether on your own,with a RAVN ATHLETICA LLC employee and/or in a group fitness class), saunas, and/or other specialized venues and/or equipment that may be located within the facilities as well as other forms of physical therapy, you understand and voluntarily accept this risk and release the franchise owner(if applicable), RAVN ATHLETICA LLC, and each of their respective parents and affiliates, and its and their respective owners, officers, directors, employees, volunteers, agents and independent contractors thereof (the “Releasees”),from liability for injury, including, without limitation, personal, bodily, or mental injury, economic loss, or any damage to you, your spouse, guests, unborn child, or relatives, resulting from your use of RAVN ATHLETICA LLC, including any injury relating to the ordinary negligence, actual or passive, whether related to exercise or not. You further agree to hold harmless, defend and indemnify the releasees from all liability, damages, defense costs, including attorneys’ fees, and any other costs incurred in connection with claims brought by you, your guests, or minors accompanying you or under your care; provided, however, that your obligation to hold harmless, defend and indemnify the releasees shall be waived if and to the extent that an arbitrator or court of proper jurisdiction finds that one or more of the releasees exhibited gross negligence or intentional misconduct in relation to the action or inaction leading to theliability incurred by you. Further, you understand and acknowledge that RAVN ATHLETICA LLC provides instructional, not recreational, services, and the releasees do not manufacture fitness or other equipment, but purchase and/ or lease equipment. You understand and acknowledge that the releasees and RAVN ATHLETICA LLC are providing recreational services and may not be held liable for defective products. By signing this agreement, you acknowledge and agree that youhave read the foregoing and know of the nature of the activities at RAVN ATHLETICA LLC. To the extent any portion of this release is deemed to be invalid under state law, the remaining portions of the release shall remain binding and available for use by the releasees and their respective counsel in any proceeding. By agreeing to this release, under no circumstances are you waiving your rights to sue, although you are limiting your rights to certain damages. You expressly waive whatever benefits you may have under Section 1542 of the California Civil Code (and any equivalent applicable law of the State in which this document is signed) which provides that:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HISOR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS ORHER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Cancellation
Any membership that is purchasable online is able to be cancelled via email or in your member page. (Coming Soon).
California Buyers Right to cancel
YOU, THE BUYER, MAY CHOOSE TO CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE FIFTH (5) 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: (1) SOLELY FOR MEMBERS THAT SIGNED UP FOR MEMBERSHIP ONLINE OR AS OTHERWISE REQUIRED BY LAW, CANCELLATION CAN BE PROCESSED ONLINE AT WWW.RAVN-ATHLETICA.COM/CANCEL OR (2) BY EMAILING RAVNATHLETICA@GMAIL.COM.
Paid-In-Full Agreements
Sessions purchased in a "Paid-In-Full" or PIF Package will have an expiration date of 12 MONTHS after the purchase date. After 12 MONTHS, any remaining sessions will automatically expire.
Electronic-funds-transferable (EFT) Agreements
Sessions purchased in an "Electronic Funds Transferable" or EFT Package will continue to renew on a month-to-month basis until you, the buyer, decide to cancel your membership. Sessions will renew on a scheduled payment date based on when initial package is purchased.
In order to cancel your plan, you must provide the health studio with a proper SIX (6) DAY NOTICE PRIOR to your billing date.
a) In-Person While At Facility,
b) Mailing to the Facilitiy's Mailing Address or,
c) Solely for members that signed up for plan online may cancel online at WWW.RAVN-ATHLETICA.COM/CANCEL.
Sessions do roll-over, every month purchased gives the new package a 12 MONTH expiration policy.