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PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Rise Website and Membership Terms

Effective date: 4/5/2018

Welcome to https://www.risebywe.com/ (the “Site”).  Please read on to learn the rules and restrictions that govern your use of our Site, application(s), Rise by We wellness clubs and spa facilities (“Clubs”) and any content, products and services made available through the Site, our applications or any Clubs (collectively, the “Services”).  If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at 85 Broad St, NY, NY 10004.  Info@risebywe.com or call 646 694 8069.

These Rise Website and Membership Terms (the “Terms”) are a binding contract between you and WeWork Wellness LLC (“WeWork,” “we” and “us”).   You must agree to and accept all of the Terms, or you don’t have the right to use the Services in any manner. Your using the Services in any way, including but not limited to registering to use the Clubs (including without limitation as a guest) and/or purchasing a Rise Membership (as defined below), means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.  These Terms include the provisions in this document, as well as those in the Privacy Policy https://www.wework.com/legal/privacy/us and any Club Policies and rules that may be provided to you by us from time to time.

Your use of or participation in certain Services may be subject to additional policies, rules and/or conditions (“Additional Terms”) which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

NOTICE: Please read these Terms carefully. They cover important information about the Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services.  We reserve the right to change the Terms at any time, but if we do, we will place a notice on the Site, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services.  If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

WeWork takes the privacy of its users very seriously.  For our current Privacy Policy, please click here https://www.wework.com/legal/privacy/us.

We do not knowingly collect or solicit personally identifiable information from children under thirteen (13); if you are a child under thirteen (13), please do not attempt to register for or otherwise use the Services or send any personal information about yourself to us.  If we learn we have collected personal information from a child under thirteen (13), we will delete that information as quickly as possible. If you believe that a child under thirteen (13) may have provided us personal information, please contact us at info@risebywe.com.

What are the basics of using WeWork Services?

To use the Services, including by accessing Clubs, you must sign up for an account (a “Rise Account”) and select a password and user name (“Rise User ID”) and sign up for a Rise Membership (described below), in each case as made available through the Site or as otherwise through the Services.  You promise to provide us with accurate, complete, and updated registration information about yourself. You acknowledge and agree that we will use the information you provide to us in connection with the provision, operation and improvement of the Services and as otherwise set forth in our Privacy Policy.  You may not select as your Rise User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your Rise Account or Rise Membership (defined below) to anyone else without our prior written permission.

By signing up for a Rise User ID, you agree to the following liability waiver:

Acknowledgement. I, the undersigned, am aware that there are significant risks involved in all aspects of physical training. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these risks may result in serious injury or death to myself and/or others. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity, class or use of the spa facilities while at, or under direction of WeWork. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.

 

Release. In consideration of both the above mentioned risks and hazards and the fact that I am willingly and voluntarily participating in the activities offered by WeWork, I, the undersigned, hereby release WeWork, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.

 

Indemnification. I recognize that there is risk involved in the types of activities offered by WeWork. I accept any financial responsibility for any injury that I may cause either to myself or to any other member or other individual due to my negligence or misconduct. Should the parties above, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless WeWork, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligence, willful misconduct or omission while participating in activities offered by WeWork.

 

Photography/Video Release. I acknowledge that members, including myself, involved in any activities offered by WeWork may be photographed or videotaped during training. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the WeWork website or in any editorial, promotional or advertising material produced and/or published by WeWork.

 

Waiver.  I have read and understood the foregoing assumption of risk and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.

 

Furthermore, you represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).  Subject to all other requirements and restrictions provided by WeWork regarding such use, minors age fifteen to seventeen (15-17) may use the Services in certain circumstances, including without limitation at any Club, but only if they and their partner/guardian have signed a Rise by We waiver and release made available by Rise by We and their parent/guardian is on site at the applicable Club and supervising the minor at all times.  Any individual using the Services represents and warrants that, all times during such use and/or the applicable membership period, he or she is healthy and has no physical impairments, injuries, or illnesses that will endanger himself/herself or others. As a Rise Member, you recognize that physical examinations by physicians are recommended before commencing any exercise, especially if you are elderly, pregnant, unaccustomed to physical exercise, have physical limitations or a history of health issues.

You must only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.  If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your Rise User ID or password or Rise Membership information with anyone, and you must protect the security of your account, password, membership card and any other access tools or credentials.  You’re responsible for any activity associated with your Rise Account and/or Rise Membership.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or otherwise use the Services or interact with the Services in a manner that:

Infringes or violates the intellectual property rights or any other rights of anyone else (including WeWork);

 

Violates any law or regulation, including any applicable export control laws;

 

Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

 

Jeopardizes the security of your account or membership or anyone else’s (such as allowing someone else to log in to the Services as you);

 

Jeopardizes the safety of yourself or any other individuals;

 

Attempts, in any manner, to obtain the password, account, or other security information from any other user;

 

Violates the security of any computer network, or cracks any passwords or security encryption codes;

 

Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

 

“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

 

Copies or stores any significant portion of the Content;

 

Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

 

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.  You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including WeWork’s) rights.

WeWork welcomes and encourages you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing WeWork at info@risebywe.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of WeWork and you hereby irrevocably assign to WeWork and agree to irrevocably assign to WeWork all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At WeWork’s request and expense, you will execute documents and take such further acts as WeWork may reasonably request to assist WeWork to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

You understand that WeWork owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

By using the Services, you grant WeWork the right to photograph, tape, film and otherwise record you in connection with your use of the Services, including at any Clubs (“Recordings”), and to use, edit, modify, distribute, reproduce and make derivative works of such Recordings for the purposes of marketing and promoting WeWork’s business, products and services and to allow others to do the same, in any medium or technology now known or hereinafter invented.

Who is responsible for what I see and do on the Services?

Our Services are continually under development and we make no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.  No assurance can be given that the advice contained in the Services will always include the most recent findings or developments with respect to the particular material. Any information or content publicly posted or privately transmitted through the Services, including without limitation at any Clubs, is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. We are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.  We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services, including without limitation at any Clubs. We can’t guarantee the identity of any users with whom you interact in using the Services, including without limitation at any Clubs, and are not responsible for which users gain access to the Services.

You are responsible for all Content and information you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.  You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services, including without limitation at any Clubs.

WITHOUT LIMITING THE GENERALITY OF ANYTHING SET FORTH HEREIN, THE SERVICES MAY OFFER HEALTH AND FITNESS INFORMATION DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. ACCORDINGLY, YOU ACKNOWLEDGE THAT SUCH INFORMATION IS NOT TO BE TAKEN AS MEDICAL OR PROFESSIONAL ADVICE AND THAT ONLY LICENSED MEDICAL PROFESSIONALS ARE QUALIFIED TO GIVE SUCH ADVICE. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on the Site or otherwise encountered through the Services. The use of information provided through our Services is solely at your own risk. Nothing stated or posted on our Site or available through our Services is intended to be, and must not be taken to be, the practice of medical or counseling care.  You acknowledge and agree that WeWork has made no claims as to the medical results that can or may be obtained through use of any of our Clubs or any of the classes offered at any Clubs or otherwise through the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by WeWork, including without limitation some services that may be available at Clubs. When you access third party websites or use third party services, you accept that there are risks in doing so, and that WeWork is not responsible for such risks.  We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

WeWork has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services, including without limitation at any Clubs. In addition, WeWork will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, including any Clubs, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including at any Clubs, or for payment and delivery of goods or services obtained through the Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that WeWork shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, including without limitation with any individuals or entities encountered at any Clubs, you agree that WeWork is under no obligation to become involved. You hereby release WeWork and the WeWork Parties (defined below) from any and all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Will WeWork ever change the Services?

We’re always trying to improve the Services, so they may change over time.  We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.  We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

What else should I know about Rise Memberships?

In order to access and use the Services available at Clubs, you must register for (to the extent you aren’t already registered), and keep current and in good standing a Rise by We services membership (“Rise Membership”), which allows Rise Members (“Rise Members”) to physically access Clubs and use services, such as by reserving and scheduling fitness and recreational classes and services.  A valid Rise Membership card is required for admittance to any Clubs. Rise Memberships are personal and may not be transferred. You may not use any other person’s Rise Membership or permit anyone to use any classes or Services booked under your Rise Membership, including without limitation other Rise Members or WeWork Members. From time to time, Rise Members may also be able to access third party products and services through the Clubs or in connection with their Rise Memberships.

Guests: Guests are permitted in the Club, but only pursuant to such rules, regulations, fees, and schedules for such guests as may then be in effect. We reserve the right to limit the number of visits by any guest, or the number of guests for any Rise Member, and reserve the right to exclude any guest whose use of the Club or any of our Services, in our sole opinion, would be detrimental to any individuals or property, or to any interests of ours, our members’ or to our business or the public. All guests must sign in at the front desk for the applicable Club upon entering the Club.

Closings. You acknowledge that from time to time, a part of the Club, or the entire facility, may be temporarily unavailable, such as for repairs, renovations or special events or until governmental permits or licenses are received, or for other reasons that we determine to be necessary in our sole discretion.  We will strive to minimize any disruption to Rise Members during these periods. Some or all of the Club’s services may be closed for holidays. Club hours of operation will be displayed on-premise at the applicable Club and may be modified from time to time at our sole discretion.

Club Rules. By purchasing a Rise Membership, you agree to abide by all applicable rules and regulations (including but not limited to the following), which may be amended from time to time, at our sole discretion. Additional rules and regulations may be made available at an applicable Club or issued orally by us from time to time at our discretion, all of which are incorporated into these Terms.

Rise Members must allow enough time to sign in before each class. Rise Members may not enter a class late or leave early unless the instructor was given prior notice. If Rise Members are attending a class for the first time or have pre-existing injuries or problems that prevent full participation, they should discuss this directly with the appropriate instructor before class. Rise Members who have booked a class and would like to cancel will need to cancel using the cancellation procedures made available by WeWork, with at least twelve (12) hours’ notice prior to the applicable class’s start time.  Failure to cancel using the appropriate procedure with at least twelve (12) hours’ notice will result in the Rise Member being charged a ten dollar ($10) fine after a third formal warning.

 

It is to be expected that there may be occasional delays, especially during peak hours, in using the fitness equipment, or that Rise Members may not always be able to attend preferred exercise classes. The availability of classes and equipment are subject to demand and are available on a first-come first-served basis.

 

Children under fifteen (15) years of age may use the Club only during a Club-sponsored activity that is announced in advance to be open to children under fifteen (15), and all such children must be accompanied by a parent or guardian at all times. Some programs may require fees to be paid in advance. We reserve the right to discontinue usage by any child, including if such child’s behavior disturbs or is offensive to any other Rise Member or if we find a child to be unsupervised.

 

Lockers are provided solely for the benefit and convenience of Rise Members and are available on a first-come-first-served basis. Management may remove any articles left in a locker overnight. Rise Members must provide their own lock. Rental lockers cannot be placed on freeze. Locker rental fees are non-refundable. We are not responsible for lost, stolen or damaged items or articles left in rental lockers beyond the expiration date of such rental.  You release us of any and all claims, demands, suits, complaints, cause of action or any liability for loss, stolen or damage to personal property while using a locker on the premises. Storage of illegal substances, firearms, and toxic or volatile chemicals is prohibited and punishable by law.

 

Rise Members are urged to avoid bringing valuables onto Club premises. We shall not be liable for the loss of or theft of, or damage to, the personal property of Rise Member or guests, including items left in lockers, with the coat check or elsewhere in the Club.

 

Pets are not permitted in or around the Club.

 

Proper athletic attire and footwear required, which may include aerobics shoes when required for a class. No street clothes or dress shoes are permitted in any fitness areas. Management has the right to prevent the use of any equipment if the proper attire is not worn.

 

All sales of personal training and spa sessions are final and non-refundable. Personal training and spa sessions expire one-hundred and eighty (180) days from the date of purchase.

 

Use of non-WeWork personal trainers in the Club is prohibited. Rise Members may not personal train other Rise Members.

 

How does billing work for Rise Memberships?

By purchasing a Rise Membership, you authorize us to charge you for (1) the applicable monthly membership fee. Please see our pricing page at on our website to learn more about Rise Membership options. Additionally, certain Services or third party services may require the payment of additional fees, such as for special classes or equipment rentals (“Additional Fees”). Additional Fees may be found on our Additional Services page, which may be updated from time to time in our discretion, or may otherwise be provided by us from time to time, such as when you sign up for classes at a Club.  The Rise Membership Fee and the Additional Fees shall together be the “Fees.” For Services that do not currently require the payment of any Additional Fees, we will try to use commercially reasonable efforts to notify you before such Services begin carrying a Fee, and if you wish to continue using such Services, you must pay all applicable Fees for such Services.

You are also responsible for all applicable third party charges and fees associated with the Services, such as telephone and computer equipment charges, internet service provider fees, sales tax and any other applicable fees necessary to access and use the Services.

Please note that any payment terms presented to you in the process of using or signing up for a Rise Membership, including if you sign up for any Services at a Club, are deemed part of these Terms.

Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for your Rise Membership or any other Services you elect to use that require payment of a Fee (collectively, “Paid Services”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, including by signing up for a Rise Membership, you agree to pay us, through the Payment Processor, all Fees at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

 

Payment Method. You may edit your Payment Method information by logging into your online account using your Rise User ID and editing it under “My Account” and then selecting “Payment Info.” The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

 

Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By starting your Rise Membership and/or signing up for or using any other Paid Services, you acknowledge that such Services may have both an initial and recurring payment requirement, and you authorize us to charge you all applicable Fees, which include but are not limited to an initiation fee and a monthly recurring membership fee at the then current rate, which may change from time to time. You accept responsibility for all recurring charges prior to cancellation. When you sign up for a Rise Membership, your monthly recurring membership fee will be billed immediately and automatically renew each month. We reserved the right to change the timing of our billing. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO info@risebywe.com.

 

Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT info@risebywe.com.  IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

 

Change in Amount Authorized; Fee Increases. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction through a posting on our Site or other means as we may deem appropriate from time to time, such as email. After the first twelve (12) months of your Rise Membership, WeWork reserves the right to increase the monthly or annual fee and will provide you with thirty (30) days’ notice regarding any such change in pricing; provided that pricing for those who joined as part of a corporate program may instead be subject to the pricing agreement between you and your employer or corporate sponsor. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

 

Auto-Renewal for Rise Memberships or Other Subscription Services. Unless you opt out of auto-renewal, which can be done by emailing info@risebywe.com, your Rise Membership and any other recurring Services (“Subscription Services”) that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Rise Membership or the applicable Subscription Services at any time, please contact us or email us at  info@risebywe.com .  If you terminate your Rise Membership or a Subscription Service, you may use your Rise Membership or such Subscription Service until the end of your then-current term; your Rise Membership or the applicable Subscription Service will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

 

Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

 

Free Trials and Other Promotions. Any free trial or other promotion must be used within the specified time of the trial. For trials or promotions of Paid Services, including any trial or promotional Rise Memberships, you must stop using the applicable Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at info@risebywe.com.

 

Unpaid Balances: You will not be permitted to use any Club until all Fees are current. You are obligated to pay any collection and/or legal costs incurred by us for collection of any Fees. We reserve the right to charge balances and overdue balances under the Electronic Funds Transfer Authorization. If any check or credit card charge payable to us is not honored, you will be charged twenty-five dollars ($25) for each check and credit card rejected and we will collect the current and past-due balance in any subsequent month. If applicable, payment for your Rise Membership shall be considered an “obligation” pursuant to these Terms. If applicable, we may, in our sole discretion, draw funds from your service retainer or security deposit in the event your payment method fails and/or any payments remain outstanding.

 

Revocation of Rise Membership: We reserve the right to revoke and cancel a Rise Membership at any time for any reason, in which case you will, no later than fifteen (15) days after such cancellation, receive a refund of all monies paid pursuant to these Terms (except initiation fee), provided that we may retain expenses incurred or the portion of the total price of these Terms representing the Services used or completed, and provided further, that we may demand the reasonable cost of goods and services which you have consumed or wish to retain after cancellation.

 

Your obligations: You shall not be relieved of Rise Membership obligations to make payments agreed to, and no deduction from any payments shall be made because of your failure to use the Club’s facilities. (Rise Membership dues are for the period of time and are no way related to or adjusted based on actual usage of the Club.)

 

What if I want to cancel my Rise Membership?

IF YOU SIGN UP FOR A ONE (1) YEAR TERM RISE MEMBERSHIP, YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE AGREEMENT DATE; notice of cancellation shall be in writing by the applicable Rise Member sent to info@risebywe.com. Such notice shall be accompanied by the contract forms, Rise Membership cards and any other documents of evidence of Rise Membership.

Additional Rights to Cancellation: If you sign up for a one- (1-) year term Rise Membership, you may also cancel this agreement with forty-five (45) days prior written notice by certified or registered mail for any of the following reasons:

If upon a doctor’s order, you cannot physically receive the Services because of significant physical disability for a period in excess of six (6) months.

 

If you die, your estate shall be relieved of any further obligation for payment under these Terms not then due and owing.

 

If you move your residence so that there are no Club locations within twenty-five (25) miles from your residence and you provide proof of new residence that is satisfactory to WeWork.

 

If within the first twelve (12) months of your Rise Membership, your employment is involuntarily terminated without cause and you provide a letter from former employer confirming termination of employment and reason for termination.

 

If Rise Memberships cease to be offered.

 

Please note that corporate Rise Members may not freeze Rise Memberships, for any reason. If upon a doctor’s order, you cannot physically receive Services because of significant physical disability, you may submit a cancellation request per the instructions noted above.

In the event of a cancellation for one of the reasons set forth in subsections a-e above, all monies, except the initiation fee, paid pursuant to the applicable Rise Membership shall be refunded provided however, we may retain a pro-rated amount of the monthly membership fee, but we will not demand more than the total amount of Fees charges to the Rise Member. You agree that if you received any free months of a Rise Membership as an inducement to enter into these Terms or as a result of referring new Rise Members, such free months shall not be considered in computing the amount of any refund to which Rise Member shall be entitled.

What if I want to stop using Rise by We Services altogether?

If you would like to cancel your Rise Membership, please see the above section. You may also stop using the Services at any time by contacting us at info@risebywe.com, but if you cancel for any reason other than those described herein as qualifying for a refund, you will not receive any refunds, and you will still be responsible for paying to us all Fees due through your commitment term (including without limitation your membership fee and any fees for Subscription Services for the remainder of your commitment term).  Please refer to the terms herein as well as in our Privacy Policy https://www.wework.com/legal/privacy/us to understand how we treat information you provide to us after you have stopped using our Services.

WeWork reserves the right to terminate (or suspend access to) your use of the Services or your accounts, including without limitation your Rise Account and Rise Membership, for any reason in our discretion, including your breach of these Terms.  WeWork has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your Rise Account and/or Rise Membership, as applicable, so keep that in mind before you decide to terminate your Rise Account and/or Rise Membership.

Provisions that, by their nature, should survive termination or expiration of these Terms shall survive termination or expiration.  By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

I use the Rise By We application available via the Apple App Store – should I know anything about that?

These Terms apply to your use of all the Services, including the applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

Both you and WeWork acknowledge that the Terms are concluded between you and WeWork only, and not with Apple, and that Apple is not responsible for the Application or the Content;

 

The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;

 

You will only use the Application in connection with an Apple device that you own or control;

 

You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

 

In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

 

You acknowledge and agree that WeWork, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

 

You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, WeWork, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

 

You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

 

Both you and WeWork acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

 

Both you and WeWork acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

What else do I need to know?

Electronic Signatures and Agreements. You acknowledge and agree that by signing up for a Rise User ID or by clicking on the button labeled “CONFIRM PURCHASE,” “SUBMIT,” “DOWNLOAD,” “PLACE MY ORDER,” “I ACCEPT” or such similar links as may be designated by us to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, (15 U.S.C. Sec. 7001, et. seq.) (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY WEWORK. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Warranty Disclaimer.  Neither WeWork nor its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (together , WeWork and all such parties, the “WeWork Parties”) makes any representations or warranties concerning the Services, including without limitation any content contained in or accessed through the Services, and the WeWork Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of or in any way related to your participation in or use of the Services or your Rise Membership, including without limitation with respect to bodily injury, physical harm, illness, death or property damage. The WeWork Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.  Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from the WeWork Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY THE WEWORK PARTIES ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

By signing up for a Rise Membership and/or agreeing to the liability waiver made available through your creation of a Rise User ID, or at any other time while you are using or accessing the Services, or using the Services in any way, you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware that there are certain inherent risks in physical activity and that the classes you may attend offer a range of intensity and activity level, and that risks may include, but are not limited to, illness, bodily injury, property damage, or death.

Indemnity.  To the fullest extent allowed by applicable law, you agree to indemnify and hold the WeWork Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services, including without limitation your use of or access to any Clubs (including any actions taken by a third party using your account), and (b) your violation of these Terms.  In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Limitation of Liability.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE WEWORK PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID BY YOU TO WEWORK FOR THE APPLICABLE SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

ARBITRATION AGREEMENT

Arbitration. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with WeWork and limits the manner in which you can seek relief from WeWork. Both you and WeWork acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, WeWork’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

 

Arbitration Rules; Applicability of Arbitration Agreement. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in New York County, New York. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of JAMS (such rules, the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

 

Costs of Arbitration. The Rules will govern payment of all arbitration fees. WeWork will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. WeWork will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

 

Small Claims Court. Furthermore, either you or WeWork may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work.

 

Waiver of Jury Trial. YOU AND WEWORK WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and WeWork Parties are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and WeWork over whether to vacate or enforce an arbitration award, YOU AND WEWORK WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

 

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor WeWork is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below.

 

Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Rise by We, 85 Broad St, NY, NY 10004 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

 

Exclusive Venue. If you send the opt-out notice as set forth above, and/or in any circumstances where the foregoing arbitration agreement permits either you or WeWork to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and WeWork agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in New York, New York.

 

Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with WeWork.

 

Miscellaneous.  You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the WeWork may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.  The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.  If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.  You and WeWork agree that these Terms are the complete and exclusive statement of the mutual understanding between you and WeWork, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.  You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of WeWork, and you do not have any authority of any kind to bind WeWork in any respect whatsoever. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without WeWork’s prior written consent.  We may transfer, assign, or delegate these Terms and our rights and obligations without consent. Except as expressly set forth in the section above regarding the Apple Application, you and WeWork agree there are no third party beneficiaries intended under these Terms.

REFER A FRIEND