Membership Agreement & Terms of Service
Updated August 2020
This MEMBERSHIP AGREEMENT sets forth the Terms and Conditions under which the undersigned individual(s) shall be granted the privileges of membership at the virtual wellness center and limited in-person events at locations to be determined, owned and operated by Our Community Well, LLC, a Pennsylvania limited liability company (“OCW”). Our Community Well provides a wellness membership service that allows our members to access live and recorded classes, training programs, discussions and articles (“OCW content”) streamed over the Internet to certain Internet-connected computers and other devices (“OCW ready devices”). The individual member(s), by his/her signature(s) below, acknowledge and agree that he/she has read and understands this Membership Agreement and will be bound by the terms and conditions set forth below.
- Your OCW membership will continue month-to-month and automatically renew until the term of your membership is complete (see “Billing” and refer to the details of your membership received upon purchase) unless paid in full up front for Connect and Empower memberships. Memberships begin from the date of purchase, not the date of first attendance.
- To use the OCW service you must have Internet access and an OCW ready device. To use the OCW service, you must register and provide us with one or more Payment Methods, “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.
- We may offer a number of membership plans, including special promotional membership rates. Some membership plans may have differing conditions and limitations. Details of the membership will be listed in the product description when purchased.
3. Billing and Cancellation
- Billing Cycle. The membership fee for the Our Community Well services will be charged automatically on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership and until your membership is expired. Date of expiration is indicated in each membership tier. Membership fees for 6-month or 12-month tiers may be paid in full at the time of purchase. Membership fees are fully earned upon payment. In some cases your payment date may change. For example, if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit your online profile to see your next payment date.
- Payment Methods. To use the OCW service you must provide one or more Payment Methods. You can update your Payment Methods by going to your online profile, and from your settings, choose “Membership”. We may also update your Payment Methods using information provided by the member. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
- Cancellation. A month-to-month membership (called “Explore”) is available and may be cancelled anytime. We do not provide refunds or credits for any partial-month membership periods or unwatched OCW content. Go to your FitDegree profile to cancel. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Membership” on the “Settings” page. Contract memberships with a fixed term (6 or 12 months for example) may not be cancelled early. Purchasing fixed term membership guarantees payment by the member for the duration of the membership term. Payment may be made monthly or in one single payment. Single payment may qualify for a discount.
- No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Cancellation Policy for Classes: Because we are a membership based center, you can attend unlimited regular weekly and monthly classes. Attendance for these classes will have a cap. We ask that you register only for the classes you will attend. If you cannot attend, please cancel your registration for the class at least 24 hours prior to the class start time so that other clients have the opportunity to enroll. We do hold the right to charge for no shows to enforce this policy at our discretion.
- Cancellation Policy for Services: One-on-one services can be booked by the client via their scheduling app. Clients may cancel and reschedule their appointment up to 48 hours prior to the appointment start time with no penalty. This can be done via app or by contacting your practitioner directly. Cancellations with less that 48 hours notice will be charged a fee of 50% of their service fee. If this is a free service (as part of the membership benefits), and the client cancels with less than 48 hours notice, that service is forfeited and the credit cannot be applied to a future service. Emergency situations will be considered and can be communicated directly to your practitioner via email.
4. Our Community Well Service
- The OCW service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your OCW membership, we grant you a limited, non-exclusive, non-transferable right to access the OCW service and view OCW content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
- You may view OCW content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time.
- The quality of the display of the OCW content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Please check with your Internet provider for information on possible Internet data usage charges. OCW makes no representations or warranties about the quality of your watching experience on your display.
- By using our service, you agree to look solely to the entity that manufactured and/or sold you the OCW ready device for any issues related to the device and its compatibility with the OCW service. We do not take responsibility or otherwise warrant the performance of OCW ready devices, including the continued compatibility with our service.
5. Passwords and Account Access
- The member who created the OCW account and whose Payment Method is charged (the “Account Owner”) has access and control over the OCW account and the OCW ready devices that are used to access our service and is responsible for any activity that occurs through the OCW account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the OCW ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.
6. Disclaimers of Warranties and Limitations on Liability
- The OCW service and all content and software associated therewith, or any other features or functionalities associated with the OCW service, are provided “as is” and “as available” with all faults and without warranty of any kind. OCW does not guarantee, represent, or warrant that your use of the OCW service will be uninterrupted or error-free. OCW specifically disclaims liability for the use of applications, OCW ready devices, and OCW integrated 3rd party software (including their continuing compatibility with our service).
- To the extent permissible under applicable laws, in no event shall OCW, or its subsidiaries or any of their shareholders, directors, officers, employees or licensors be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever.
- Feedback. OCW is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the OCW service, including the OCW website and 3rd party user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the OCW service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Unless require by law or otherwise specified reason, any verbal or written information shared by the member during private sessions or on intake forms will not be shared or used by OCW without consent of the member.
- Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.