Terms and Conditions

Terms of Use, Waiver of Liability, Release, Assumption of Risk and Indemnity Agreement
‍This Terms of Use and Liability Waiver (“Agreement”) is entered into by and between you and The Dapello Group LLC (“HiPower House”). The following terms and conditions govern your access to, use of, and/or participation in any of HiPower House’s facilities, website, classes, activities and events (individually and collectively). You must read and agree to this Agreement carefully before any use of or participation in any activies at HiPower House.

‍By participating in any HiPower House activties, including, without limitation, creating an account on HiPower House’s website, booking a class, or otherwise accessing HiPower House’s facilities, you accept and agree to be bound by and abide by these terms and conditions:

‍NOTICE: This is a legally binding document.

PLEASE READ CAREFULLY AND ENSURE YOU FULLY UNDERSTAND THIS AGREEMENT AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. BY SIGNING THIS, YOU AGREE TO WAIVE YOUR LEGAL RIGHTS AND BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.

‍MEMBERSHIP AND CLASS POLICIES
MINIMUM COMMITMENT – To receive a discounted first month, all autopay memberships require a minimum 3-month commitment. If you decide to cancel your Membership before the end of your initial membership commitment, you will be responsible for paying an early termination fee of $100. Please note that the early termination fee will be charged to the credit card on file or the payment method used for booking the class.

CANCELLATION – Written cancellation notice must be provided via email to info@hipowerhouse at least 30 days prior to your next billing date for autopay memberships.REFUNDS – Refunds will not be issued for any payments made prior to the cancellation request for membership.

MEMBERSHIP FREEZES — Monthly memberships can be frozen for a period of 30-90 days once per year for any reason. To initiate a freeze, written notice must be provided via email to info@hipowerhouse at least 14 days prior to the intended membership freezing period. All freezes will incur a $25 fee, per month while the membership is on hold, unless it is due to a documented medical reason with documentation provided in writing to the Company with the request for waiver of such $25 fee.  When a membership is off of a freeze status, autopayments will resume. 

CLASS PACKAGES + MEMBERSHIPS – Transfers, exchanges, price adjustments, and refunds are not applicable to class packages and memberships. Current members are not eligible for new client sales or promotions.

‍RENEWAL FEE INCREASE:
HiPower reserves the right to increase your fees only at any time after your agreement has ended. HiPower will make a reasonable effort to tell you about this at least 28 days beforehand by writing to the address you last gave us (which may be an email address). HiPower will consider that you have received our letter or email on the second business day after it is sent.
Where HiPower have made a reasonable effort to let you know about a fee increase, you authorize us to increase any debits from your nominated account.

REFUND AND RETURN POLICIES:

REFUND POLICY – All classes and membership packages are non-refundable.

RETAIL RETURN / EXCHANGE POLICY – Merchandise may be exchanged for store credit within 7 days of the purchase date. To qualify for exchange, items must be unworn, unaltered, and unwashed, with all tags attached and returned in their original packaging.

RESERVATION POLICY:

PUNCTUALITY – We kindly request that all clients arrive on time for their scheduled class. Entry may not be permitted if you are more than 5 minutes late, and your spot may be offered to a standby or waitlisted client upon the start of the class if you are not present for your reservation. In the event you do not cancel your scheduled class via the booking site as required under these terms and conditions and you are more than 5 minutes late and your spot is taken by a standby or waitlisted client, you will be charged a no-show fee, as provided below, for the class.

NEW CLIENTS – For your safety, we ask that new clients arrive 10 minutes early to complete a mandatory safety overview.

CANCELLATION AND PENATLY FEES

We understand that plans can change, but please note that if you cancel a class less than 12 hours before the scheduled start time, a late cancel fee of $15 will be applied. Additionally, if you fail to attend a class you have signed up for, a no-show fee of $30 will be charged. These fees will be automatically applied to the credit card on file or the payment method used for booking the class.

Membership Client Fees:
– Late-cancellation fee: $15
– No-show fee: $30 + loss of class for the day

Class Pack/Drop-In Client Fees:
– Late-cancel fee: $15 and loss of class credit
– No-show fee: $30 and Loss of class credit

WAITLIST RESERVATIONS
– If you join the waitlist for a specific class and a class spot becomes available, your confirmation will be sent up to 2 hours before the class starts, subject to the confirmed class cancellation policy. The waitlist will be closed during the last two hours before the class, and you will not be moved into the class within that time.

COURTESY CANCELS
– We understand that unexpected circumstances may arise, which is why we offer two (2) courtesy cancellations on a complimentary basis per calendar year. To redeem a courtesy cancellation, please email info@hipowerhouse.com.

MULTIPLE RESERVATIONS
– If you have made multiple reservations for the same day, it is your responsibility to cancel any excess reservations within the applicable cancellation window. Please note that the Company will not honor any courtesy cancellations or provide refunds for multiple reservations made on the same day.

PRIVATE SESSIONS
– If you have booked a private session, please note that it must be canceled at least 24 hours in advance. Late cancellations within the 24-hour window and no-shows will be charged the full amount of the session or use a package credit.

‍ADDITIONAL STUDIO POLICIES

‍GRIP SOCKS – To ensure a safe experience, grip socks are required for every Lagree class. If you forget to bring your own, you will be required to purchase a pair or you may not be able to participate in the class.  

PERSONAL BELONGINGS- You acknowledge and agree that the Company is not responsible for safeguarding your personal belongings. You accept all responsibility for the risk of loss associated with any of your personal items.  Less is more, please stow your belongings in the designated cubbies and leave what you can in your car.  

PAYMENT – The Company accepts Visa, Mastercard, American Express, Discover Card and Apple Pay as methods of payment.

COACHES/CLASS SCHEDULE – Coaches and class schedules may be subject to change without prior notice, and standard reservation policies still apply.

AGREEMENT TO TERMS AND CONDITIONS – All clients must agree to the terms and conditions of the Company in order to participate in any class.

‍LIABILITY WAIVER

‍Additionally, you are required to sign the following waiver of liability, release, assumption of risk, and indemnity agreement.Please note that by acknowledging and agreeing to this Agreement, you are waiving certain legal rights, including the right to sue.In exchange for being permitted to participate in classes and activities organized by HiPower House, and/or its subsidiaries, affiliates, employees, instructors, independent instructors, coach trainees, franchisees, and agents, I hereby comprehend, agree, and acknowledge on behalf of myself, my heirs, and assigns the following:I am fully aware and understand that participating in fitness classes, activities, and other HiPower House workouts (INCLUDING at its STUDIO, on-demand, and live streaming), is a potentially dangerous activity and involves inherent risks, including but not limited to the risk of personal injury to various parts of my body, strain to the cardiovascular, circulatory, and/or respiratory systems, psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY. I understand and acknowledge that these risks may arise from my own actions, the actions of others, the actions of the Company, or the condition of the premises or equipment used during the classes.

‍NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE RISKS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

‍I hereby represent that I am in good health and have no medical condition that would prevent me from participating in HiPower House workouts. I understand that it is my responsibility to consult with a physician prior to participating in any physical activity if I have any concerns about my health or fitness level. I further represent that I am not pregnant and that if I become pregnant or experience any other change in my physical condition- I will consult my physician to confirm that I remain able to participate in any HiPower House workouts, without risk of injury to myself or others. This will be done prior to participating in any HiPower House workouts. I acknowledge and hereby agree that any instructions and guidance provided by instructors should not be construed as medical advice. I understand that if, as determined by HiPower House in its sole and absolute discretion, my access or participation in any HiPower House workout is deemed to pose a risk to my health, HiPower House retains the right to deny me access and the privilege to participate. This denial will continue until I furnish a letter from my physician confirming my medical and physical capability to participate.I assume all risks related to my participation in HiPower House workouts, I further agree that these risks include but are not limited to the risk of contracting Covid-19 and other infectious diseases. I agree to hold harmless, release, waive, and indemnify HiPower House, its owners, insurers, employees, independent contractors, representatives, equipment manufacturers, licensors, officers, managers, members, franchisees, and agents from any and all liability related to injuries to myself or my property that occur at HiPower House or are related in any way to HiPower House, its classes or events.I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the fitness classes and activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless The Booty Shop from any claim based on such treatment or other medical services.I willingly consent to HiPower House capturing photographs or videos of me within their facilities and while participating in HiPower House activities. I acknowledge and agree that HiPower House has the right to use these photographs or videos, as well as their copies, for promotional and other purposes. Furthermore, I assign all copyrights and other rights associated with such photographs or videos to HiPower House. This collaborative understanding ensures a positive and supportive environment for all participants at our studio.In further consideration of being permitted to participate HiPower House activities, I hereby expressly release, waive and discharge any and all claims, demands, liabilities, actions, or causes of action now known or hereafter known against HiPower House, and its members, officers, directors, manager(s), employees, instructors, independent contractors, agents, affiliates, members, successors, and assigns (individually and collectively referred to herein as the “Released Parties”) arising out of or related to any loss, damage, injury, illness, or death that may be sustained by me or any property belonging to me, whether caused by the negligence of any Released Parties or otherwise. I covenant not to make or bring any such claim against the Released Parties, and forever release and discharge the Released Parties from liability under such claims.I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all losses, damages, liabilities, deficiencies, claims, demands, actions, causes of action, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees and expenses, arising out of or related to my access to, use of, and/or participation in any HiPower House workouts and activities..If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be binding and enforceable to the fullest extent permitted by law.This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to the principles of conflicts of law of such state. Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in Maricopa County, State of Arizona, where disputes shall be resolved.I acknowledge and agree that I will affirm the above statements before every class I attend. This document serves as a legally binding agreement, encompassing a waiver of liability, release, assumption of risk, and indemnity agreement.

‍BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE HIPOWER HOUSE. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.