Outdoor Pool Access Terms and Conditions

Ohio

Effective Date: May 14, 2022

 

For our Canadian clubs: Canada Outdoor Pool Access Terms and Conditions

For our Georgia clubs: Georgia Outdoor Pool Access Terms and Conditions

For all other clubs: Outdoor Pool Access Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER

The Outdoor Pool Access

These Outdoor Pool Access Terms and Conditions, which shall include without limitation any confirmation email you receive in connection with the purchase (the “Agreement”) apply to your, and any Additional Member on your Membership, access to and use of the outdoor pool and aquatics area at your Primary Center or at additional Centers to the extent my Primary Center membership type provides access (“Outdoor Pool Access”) as of the above Effective Date, subject to operating inspections, regulatory approvals, weather and other seasonal conditions, or the next suitable date following the Effective Date, subject to the foregoing conditions, in Life Time’s sole discretion, through the end of the 2022 summer pool season (collectively, “Outdoor Pool Area”); provided, however, the adult only outdoor pool area at Life Time’s Westchester Center, the Life Time Sky outdoor pool area and the Life Time River North outdoor pool area are excluded from access and use afforded by Outdoor Pool Access at such Center. Outdoor Pool Access is a single per Member service/amenity that allows access to the Outdoor Pool Area at the Center(s) for which you have access to based on your Primary Center membership type (“Participating Center(s)”) and is non-transferable. Outdoor Pool Access is an additional service/amenity separate from general Center access. Outdoor Pool Access fees are a one-time, non-recurring, per Member fee separate from Base Dues, which may be charged along with or separate from Monthly Payments (the “Outdoor Pool Access Fee”). The Outdoor Pool Access Fee may vary based on, and, including but not limited to, Participating Center, state, season, calendar date, benefit, service, amenity, or class. Not all Centers are participating in the Outdoor Pool Access program. Life Time may, at its sole discretion, and without notice, terminate at any time any Member’s Outdoor Pool Access in accordance with your Member Usage Agreement and the Guest and Club Policies, as well as for any Member, at any point, failing to maintain a good standing Membership with Life Time. Life Time, in its sole discretion, may restrict or not provide Outdoor Pool Access due to unforeseen circumstances, including, but not limited to, in the event of a natural disaster or inclement weather, power outage or other failure of electrical or water service or other event outside of Life Time’s reasonable control.

Outdoor Pool Access Payment

I agree to pay today the Outdoor Pool Access Fee in the amount set forth in the online purchase page when purchasing Outdoor Pool Access. I authorize Life Time, without further notice, to withdraw the Outdoor Pool Access Fee from the financial account I have selected as a Payment Method within the online review and checkout page when purchasing Outdoor Pool Access. I am an account holder and I have actual authority to use the credit or debit card or bank account with which my Outdoor Pool Access Fee payment will be made. In order to cancel or withdraw authorization for the Outdoor Pool Access Fee payment, I agree to follow the Refund & Cancellation Policy below.

Refund & Cancellation Policy

I may cancel my, or any Additional Member’s, Outdoor Pool Access by providing Life Time with written notice of cancellation, identifying which Member’s Outdoor Pool Access is to be cancelled, via any Notice Method. If I provide such cancellation notice within the first seven (7) days, or a greater amount of days as allowed by law per the applicable state law provisions for my Primary Center, of receiving my Outdoor Pool Access (the “Initial Cancellation Period”) I will receive a full refund for the applicable cancelled Outdoor Pool Access. After the Initial Cancellation Period, Outdoor Pool Access is non-cancellable and non-refundable. “Notice Methods” include (A) in person at the Center for which you purchased Outdoor Pool Access, (B) by first class mail, to the Center for which you purchased Outdoor Pool Access, with such center address provided within your General Terms Agreement and/or at www.lifetime.life by selecting “Locations” and searching for such Center, (C) by email to Accountservices@lt.life, (D) by facsimile to 952-368-2819 or (E) by telephone, toll-free to 1-877-583-6818.

Additional Acknowledgments and Agreements

I acknowledge and agree, on my own behalf and on behalf of each Additional Member, to the following additional terms and conditions relating to the Outdoor Pool Access:

Electronic Communications. I expressly consent to receive electronic messages from Life Time, including messages to advertise or promote products or services and messages related to my, or any Additional Member’s, Outdoor Pool Access, including, without limitation, communications related to Life Time’s fees.

Assumption of Risk, Waiver of Liability, Indemnification and Arbitration Agreement with Class Action Waiver. I understand and agree that there are risks of injury associated with the Outdoor Pool Access and access to and use of the Outdoor Pool Area, some of which are inherent, and voluntarily agree to participate in spite of the risks. I further understand and agree that my General Terms Agreement, Member Usage Agreement & Guest Register continue to apply, including the assumption of risk, waiver of liability, indemnification and arbitration agreement with class action waiver provisions contained therein.

Life Time Policies. I agree to follow all Life Time Guest & Club Polices located at my.lifetime.life and any additional Outdoor Pool Access policies (collectively, “Policies”), if any. Life Time reserves the right to remove any person not authorized to be in the Outdoor Pool Area or in violation of Life Time’s Policies.

Image and Likeness Release. I understand that Life Time may take photographs, audio or video recordings, or testimonial accounts that may contain the name, image, voice, likeness or account of me or any Additional Member on my Memberships (collectively “Images”) during access to and use of the Outdoor Pool Area. I hereby irrevocably consent to and grant Life Time the exclusive, worldwide, perpetual, royalty-free and otherwise unlimited right to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize any and all such Images (and the right to sublicense such images through unlimited levels of sublicensees) in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating me in any way, and to authorize others to do the same. Without limiting the foregoing, I hereby consent to Life Time’s use of the Images for commercial and promotional use, including on corporate or employee social media. Life Time may change, modify, rearrange, add, delete or otherwise alter such Images. I waive any right to inspect, approve, or edit such Images as used by Life Time.

Definitions. Capitalized terms used and not defined in this Agreement have the respective meanings assigned to them in my General Terms Agreement, Member Usage Agreement or Guest & Club Policies.

Arbitration Agreement with Class Action Waiver

  1. Mandatory Binding Individual Arbitration. Except as expressly provided below, Life Time and I (each a “party” or, together, “us,” “we” or “parties”) agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between us (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
  2. Waiver of Class Actions. We each agree that we will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
  3. Waiver of Jury Trial. We waive our constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.
  4. Claims Not Subject to Arbitration. There are only three exceptions (1, 2 & 3) to this Arbitration Agreement except:
    1. Small Claims. Either party may bring individual Claims in small claims court.
    2. Personal Injury Claims. Both parties must litigate personal injury Claims in court. For purposes of this exception, personal injury Claims are Claims arising from injury to the physical structure of the human body.
    3. Emergency Equitable Relief. Either party may seek temporary injunctive relief or other equitable relief in court pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
  5. Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
    1. Arbitration Providers. Each party has a choice of initiating arbitration before either the American Arbitration Association (“AAA”) or JAMS, which are both established alternative dispute resolution providers (“ADR Providers”). If neither AAA nor JAMS is available to arbitrate, we will agree to select an alternative ADR Provider to administer the arbitration in this Arbitration Agreement.
    2. Arbitration Rules. The arbitration will be conducted under the AAA Consumer Arbitration Rules (available at www.adr.org) or JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.
    3. Arbitration Location. The arbitration hearing will be held at the ADR Provider’s location that is closest to the claimant’s primary residence, unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings.)
    4. Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
    5. Arbitrator’s Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
    6. Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.
    7. Confidentiality. 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.
    8. Survivability. Life Time and I agree that this Arbitration Agreement with Class Waiver shall apply to all Claims regardless of whether such Claim arises out of acts or omissions that occur before or after the termination of any membership or service or that occur before or after the termination of this Agreement.

Other Provisions; State Law Provisions

I am not relying on any oral or written promises, representations, statements, covenants or warranties, other than those set forth herein, to induce me to sign this Agreement. This Agreement may be amended, terminated or assigned at any time by Life Time upon such notice, if any, as may be required by law. If Life Time fails to enforce any right in this Agreement for any reason, Life Time does not waive its right to enforce it later.

This Agreement includes any “State Law Provisions” applicable to each Participating Center as detailed within Exhibit A to this Agreement, as well as at the beginning of this Agreement. If the terms and conditions above differ from the State Law Provisions, the provision more favorable to me or any Additional Member will apply.

I have read this Agreement thoroughly, understand all of its terms including, without limitation, the Outdoor Pool Access Payment and Refund & Cancellation Policy, and knowingly and voluntarily agreed to the same as evidenced by completing my Outdoor Pool Access purchase.

Life Time (aka “Life Time Athletic,” “Life Time Fitness” and “Life Time, Inc.”) is located at: Life Time, 17585 Golf Parkway, Brookfield, WI 53045

Exhibit A
State Law Provisions

The following State Law Provisions apply to my Outdoor Pool Access Terms. To the extent there is a conflict between the provisions under this Section and elsewhere in the Agreement, the provisions under this Section shall prevail, provided, however, to the extent there is a conflict between the provisions under this Section and the Section entitled "ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER", the provisions under the latter Section shall prevail.

Ohio State Law Provisions

If the terms and conditions above differ from the following state law provisions, the provision more favorable to me will apply:

  1. Start of Contract Performance. The performance of the contract will begin no later than one hundred and eighty days from the date the contract is entered into.
  2. Termination Upon My Death or Disability. If by reason of death or disability, I am unable to receive benefits from the Life Time Fitness' services, the contract shall be proportionally divided by all of the days in which the facility was made available to me as part of the contract offering, and I shall be liable for payments only for that portion of the contract that can be attributed to the period prior to my actual death or disability, exclusive of any period of time in which the facility was made available to me free of charge as part of the contract offering, and Life Time, within thirty days after receiving notice of the death or disability, shall return to me or my representative the amount paid in excess of the proportional amount.
  3. Termination Upon My Relocation. If I relocate twenty five miles or more from the facility operated by Life Time or a substantially similar facility that would accept Life Time's obligation under the contract and if I give Life Time written notice that I intend to relocate and request that the contract be terminated, the contract shall be proportionally divided by all of the days in which the facility was made available to me as part of the contract offering, and I shall be liable for payments only for that portion of the contract that can be attributed to the period prior to my actual relocation, exclusive of any period of time in which the facility was made available to me free of charge as part of the contract offering, provided, that Life Time may require and verify reasonable evidence of relocation, and Life Time shall return to me the amount paid in excess of the proportional amount.
  4. Termination Upon Club Closure or Relocation. If Life Time relocates the facility twenty five miles or more from my residence or closes the facility and a substantially similar facility that would accept Life Time Fitness' obligation under the contract is not within twenty five miles of my residence, the contract shall be proportionally divided by all of the days in which the facility was made available to me as part of the contract offering, and I shall be liable for payments for only that portion of the contract that can be attributed to the period prior to Life Time's actual relocation or closing of the facility, exclusive of any period of time in which the facility was made available to me free of charge as part of the contract offering, and Life Time Fitness shall return to me the amount paid in excess of the proportional amount.
  5. Return of Information. All information and material of a personal or private nature that is acquired directly or indirectly from me including but not limited to, answers to tests or questionnaires, photographs, or background information, shall be returned by Life Time to me by regular mail or otherwise upon request or as may be required by applicable law within thirty days after the expiration of the contract or after the expiration for any reason of the service to be rendered by Life Time.

Life Time Beachwood

Notice of Cancellation
Date: _______________

You may cancel this contract for any reason at any time prior to midnight of the third business day after the date on which the first service under the contract is available, and if the facility or services that is the subject of the contract is not available when you sign the contract, you may cancel the contract at any time prior to midnight of the seventh business day after the date on which you receive your first service under the contract. If you cancel within this period, the seller must send you a full refund of any money you have paid, except that a reasonable expense fee not to exceed ten dollars may be charged if you have received your first service under the contract. The seller must also cancel and return to you within twenty business days any papers that you have signed.

To cancel this contract you must deliver in person, manually, by certified mail, return receipt requested, or by facsimile transmission, the signed and dated copy of this cancellation notice or any other written notice of cancellation, or send an electronic mail message, to Life Time, at Life Time, 3850 Richmond Rd, Beachwood, OH 44122 (or, to the address of any facility of the seller available for use by the buyer, the seller’s facsimile number (952-368-2819), or the seller’s electronic mail address (AccountServices@lifetime.life)) not later than midnight of the third business day after the date on which the first service under the contract is available, and if the facility or service that is the subject of the contract is not available when the contract was signed, not later than midnight of the seventh business day after the date on which the first service under the contract is available.

I hereby cancel this contract.

___________________________________ Date: ________________
Buyer’s Signature

Print Name: ______________________________________________

Life Time Beachwood

Notice of Cancellation
Date: _______________

You may cancel this contract for any reason at any time prior to midnight of the third business day after the date on which the first service under the contract is available, and if the facility or services that is the subject of the contract is not available when you sign the contract, you may cancel the contract at any time prior to midnight of the seventh business day after the date on which you receive your first service under the contract. If you cancel within this period, the seller must send you a full refund of any money you have paid, except that a reasonable expense fee not to exceed ten dollars may be charged if you have received your first service under the contract. The seller must also cancel and return to you within twenty business days any papers that you have signed.

To cancel this contract you must deliver in person, manually, by certified mail, return receipt requested, or by facsimile transmission, the signed and dated copy of this cancellation notice or any other written notice of cancellation, or send an electronic mail message, to Life Time, at Life Time, 3850 Richmond Rd, Beachwood, OH 44122 (or, to the address of any facility of the seller available for use by the buyer, the seller’s facsimile number (952-368-2819), or the seller’s electronic mail address (AccountServices@lifetime.life)) not later than midnight of the third business day after the date on which the first service under the contract is available, and if the facility or service that is the subject of the contract is not available when the contract was signed, not later than midnight of the seventh business day after the date on which the first service under the contract is available.

I hereby cancel this contract.

___________________________________ Date: ________________
Buyer’s Signature

Print Name: ______________________________________________

Life Time Dublin

Notice of Cancellation
Date: _______________

You may cancel this contract for any reason at any time prior to midnight of the third business day after the date on which the first service under the contract is available, and if the facility or services that is the subject of the contract is not available when you sign the contract, you may cancel the contract at any time prior to midnight of the seventh business day after the date on which you receive your first service under the contract. If you cancel within this period, the seller must send you a full refund of any money you have paid, except that a reasonable expense fee not to exceed ten dollars may be charged if you have received your first service under the contract. The seller must also cancel and return to you within twenty business days any papers that you have signed.

To cancel this contract you must deliver in person, manually, by certified mail, return receipt requested, or by facsimile transmission, the signed and dated copy of this cancellation notice or any other written notice of cancellation, or send an electronic mail message, to Life Time, at Life Time, 3825 Hard Road, Dublin, OH 43016 (or, to the address of any facility of the seller available for use by the buyer, the seller’s facsimile number (952-368-2819), or the seller’s electronic mail address (AccountServices@lifetime.life)) not later than midnight of the third business day after the date on which the first service under the contract is available, and if the facility or service that is the subject of the contract is not available when the contract was signed, not later than midnight of the seventh business day after the date on which the first service under the contract is available.

I hereby cancel this contract.

___________________________________ Date: ________________
Buyer’s Signature

Print Name: ______________________________________________

Life Time Dublin

Notice of Cancellation
Date: _______________

You may cancel this contract for any reason at any time prior to midnight of the third business day after the date on which the first service under the contract is available, and if the facility or services that is the subject of the contract is not available when you sign the contract, you may cancel the contract at any time prior to midnight of the seventh business day after the date on which you receive your first service under the contract. If you cancel within this period, the seller must send you a full refund of any money you have paid, except that a reasonable expense fee not to exceed ten dollars may be charged if you have received your first service under the contract. The seller must also cancel and return to you within twenty business days any papers that you have signed.

To cancel this contract you must deliver in person, manually, by certified mail, return receipt requested, or by facsimile transmission, the signed and dated copy of this cancellation notice or any other written notice of cancellation, or send an electronic mail message, to Life Time, at Life Time, 3825 Hard Road, Dublin, OH 43016 (or, to the address of any facility of the seller available for use by the buyer, the seller’s facsimile number (952-368-2819), or the seller’s electronic mail address (AccountServices@lifetime.life)) not later than midnight of the third business day after the date on which the first service under the contract is available, and if the facility or service that is the subject of the contract is not available when the contract was signed, not later than midnight of the seventh business day after the date on which the first service under the contract is available.

I hereby cancel this contract.

___________________________________ Date: ________________
Buyer’s Signature

Print Name: ______________________________________________

Life Time Deerfield Township

Notice of Cancellation
Date: _______________

You may cancel this contract for any reason at any time prior to midnight of the third business day after the date on which the first service under the contract is available, and if the facility or services that is the subject of the contract is not available when you sign the contract, you may cancel the contract at any time prior to midnight of the seventh business day after the date on which you receive your first service under the contract. If you cancel within this period, the seller must send you a full refund of any money you have paid, except that a reasonable expense fee not to exceed ten dollars may be charged if you have received your first service under the contract. The seller must also cancel and return to you within twenty business days any papers that you have signed.

To cancel this contract you must deliver in person, manually, by certified mail, return receipt requested, or by facsimile transmission, the signed and dated copy of this cancellation notice or any other written notice of cancellation, or send an electronic mail message, to Life Time, at Life Time, 8310 Wilkens Blvd., Deerfield Township, OH 45040 (or, to the address of any facility of the seller available for use by the buyer, the seller’s facsimile number (952-368-2819), or the seller’s electronic mail address (AccountServices@lifetime.life)) not later than midnight of the third business day after the date on which the first service under the contract is available, and if the facility or service that is the subject of the contract is not available when the contract was signed, not later than midnight of the seventh business day after the date on which the first service under the contract is available.

I hereby cancel this contract.

___________________________________ Date: ________________
Buyer’s Signature

Print Name: ______________________________________________

Life Time Deerfield Township

Notice of Cancellation
Date: _______________

You may cancel this contract for any reason at any time prior to midnight of the third business day after the date on which the first service under the contract is available, and if the facility or services that is the subject of the contract is not available when you sign the contract, you may cancel the contract at any time prior to midnight of the seventh business day after the date on which you receive your first service under the contract. If you cancel within this period, the seller must send you a full refund of any money you have paid, except that a reasonable expense fee not to exceed ten dollars may be charged if you have received your first service under the contract. The seller must also cancel and return to you within twenty business days any papers that you have signed.

To cancel this contract you must deliver in person, manually, by certified mail, return receipt requested, or by facsimile transmission, the signed and dated copy of this cancellation notice or any other written notice of cancellation, or send an electronic mail message, to Life Time, at Life Time, 8310 Wilkens Blvd., Deerfield Township, OH 45040 (or, to the address of any facility of the seller available for use by the buyer, the seller’s facsimile number (952-368-2819), or the seller’s electronic mail address (AccountServices@lifetime.life)) not later than midnight of the third business day after the date on which the first service under the contract is available, and if the facility or service that is the subject of the contract is not available when the contract was signed, not later than midnight of the seventh business day after the date on which the first service under the contract is available.

I hereby cancel this contract.

___________________________________ Date: ________________
Buyer’s Signature

Print Name: ______________________________________________