TERMS

By signing this contract (electronically or otherwise), enrolling online, and/or attending classes, events, activities, and other programs of Lightning Rod Enterprise, Inc. d/b/a SynergyFx (“SynergyFx”)  whether online or in a facility or using SynergyFx equipment of any kind, you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns (collectively “you” and/or “yourself”), that (a) there are certain inherent risks and dangers in the strenuous nature of the workout program; (b) you have voluntarily chosen to participate in an intense physical exercise program, (c) SynergyFx strongly recommends that you consult with your physician prior to commencing any classes; (d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death; and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages SynergyFx, its instructors, members, representatives and employees for any injury, harm or loss you may suffer, including death, as a result of participation in any activities at or directed by SynergyFx.

If you are enrolling a minor (13-17) years of age, the above release applies equally to the minor. No one under 13 years of age may participate. A minor 13-17 years of age may participate only with a parent or legal guardian signed approval.

Since the terms and conditions of this agreement may change, you should regularly check this posting to ensure you have reviewed and understand its terms and conditions prior to participating in any SynergyFx activity, class, event or program of any kind.

NOTICE OF CONSUMER RIGHTS

SynergyFx’s registration number with the State’s Consumer Protection Division is E2485. We are not required to carry a performance bond under the Maryland Health Club Services law because we do not accept more than three months payment in advance or charge initiation fees over $200.

If SynergyFx is closed for a month or more, you are entitled to your choice of either an extension of your agreement or a prorated refund. If the closing is not the fault of SynergyFx, we are entitled to choose.

You have the right to cancel your agreement within 3 business days. Cancellation must be in writing and delivered in person or by certified mail to SynergyFx, 8815 Columbia 100 Parkway, Suite 2, Columbia, MD, 21045, return receipt requested, bearing a postmark from the United States Postal Service, and if mailed shall be postmarked by midnight of the third business day. Business day for purposes of cancellation means Monday through Saturday (does not include legal holidays). If you cancel within 3 business days, you will receive a full refund.

If you become disabled for at least 3 months during your membership term and your disability is confirmed in writing by a physician, you are entitled to an extension of your agreement. Since we are exempt from the bonding requirement, we cannot collect payments during your disability extension, so we are not holding more than 3 months’ payments in advance.

SPECIAL LIMITATION OF LIABILITY DURING THE CORONAVIRUS/COVID-19 PANDEMIC

SynergyFx and its employees recognize the severity of the coronavirus pandemic and, as a result, have instituted preventative measures to reduce the spread of COVID-19; however, SynergyFx cannot guarantee that you, your family, or your guests will not become infected with COVID-19.  You hereby acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 at SynergyFx and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death. You understand the risk of becoming exposed to or infected by COVID-19 at SynergyFx may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, SynergyFx’s employees, representatives, members, and attendees.

You expressly agree to allow employees and representatives of SynergyFx to deny you admittance to its facilities if you either refuse to have your temperature taken or after having your temperature taken test positive for a fever.  Also, if any SynergyFx employee or representative believes you are ill for any reason you agree that to limit the spread of COVID-19 (and other diseases) they may ask you to leave, remove you from the premises and deny admittance to SynergyFx facilities.    

If masks are required, you expressly agree to allow employees and representatives of SynergyFx to deny you admittance if you refuse to always wear a mask while in the facilities. Your mask must cover your nose and mouth. No gaiters.

Furthermore, you also agree that should the State of Maryland or Howard County request information from SynergyFx as part of a contact tracing program designed to trace the infection of COVID-19, you expressly authorize SynergyFx to provide whatever information in its possession relating to you for such a purpose.

WAIVER OF CLAIMS

By signing this document (electronically or otherwise), enrolling online, and/or attending in person classes, events, activities, and/or other programs and/or entering the SynergyFx facilities and using its equipment of any kind, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members and/or guests in connection with attendance at SynergyFx or as a result of participation in any of SynergyFx’s classes, activities, events, or programs (“Claims”); and (b) covenant not to sue or otherwise encumber, SynergyFx, its owners, directors, instructors, clients, representatives and employees, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of SynergyFx, its owners, directors, instructors, clients, members, representatives and employees, whether a COVID-19 infection occurs before, during, or after attending SynergyFx’s facilities or participating in any way in one of SynergyFx’s classes, events, activities, or programs.

GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS

If you use www.synergyfxfit,com (our “Website”) you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password. See our Privacy Policy.

When you visit the Website, or communicate with SynergyFx via email, you are communicating electronically. You consent to receive communications from SynergyFx electronically. SynergyFx will communicate with you by email or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures, and other communications that SynergyFx provides electronically satisfy any legal requirement that such communications be in writing.

USER PROVIDED INFORMATION

SynergyFx does not collect any personal information about individuals – such as names   and postal codes, home addresses, and email addresses – except when such information is knowingly provided to SynergyFx. Personal information might be obtained from online transactions such as class/membership purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website. Any personal identification information retrieved by SynergyFx must be voluntarily submitted by the user.

SynergyFx may use the information provided to contact you with important information, required notices, and marketing promotions.

AUTOMATICALLY COLLECTED INFORMATION

The Website collects some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website, which allows SynergyFx to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.

SECURITY STATEMENT

SynergyFx makes every effort to ensure that all of the transactions that occur on the Website are secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information to operate, develop or improve the Website. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

WHAT IS A SECURE CONNECTION?

When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.

Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.

COOKIES

A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites – the website that creates a cookie is the only one a browser will permit to access it.

Like many other websites and applications, the Website uses cookies to obtain certain types of information. For example, SynergyFx might use cookies to control access to certain features such as your password and account, to customize content areas, or to analyze site activity and user behavior. SynergyFx reserves the right to use cookies in the future in conjunction with new content or expanded functionality.

If you are concerned about the use of cookies, you can explore your web browser’s options to notify you whenever a cookie is set, or to disallow cookies altogether. You should be aware that prohibiting the use of cookies will significantly restrict access to certain types of content or features.

HOW INFORMATION IS USED

The following are examples of how SynergyFx might use the personal information collected through the Website:

* If you purchase a SynergyFx class package or membership, sign up for a SynergyFx class, or purchase SynergyFx retail items, the required personal information (like that provided during a telephone or mail order purchase) will be used to complete your order.

* If you indicate that you are interested in receiving SynergyFx related news and information, you may receive emails to the email address you provided as part of the registration process.

For the non-personally identifiable information collected throughout the Website:

* Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website, the mobile application, and the overall SynergyFx experience.

You can help SynergyFx maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. SynergyFx will never share telephone numbers, email addresses, or any personal data with third parties.

SynergyFx reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.

PRIVACY OF MINORS

If you are under 18, you may register and use the Website only with the involvement of a parent or guardian. SynergyFx does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 18. Registration of a minor (ages 13-17) must be completed in person in our studio with a parent or guardian.

If SynergyFx discovers that a minor without a signed participant/registration waiver has submitted personal information, SynergyFx reserves the right to delete such information. SynergyFx does not seek or share personal information from minors through the Website.

RESERVATIONS/CHARGES

To make a reservation, you first must purchase or have an active membership or class package on account.  To buy an individual class, class package, or membership online, create an account at www.synergyfxfit.com or login and purchase the desired package.

You should be aware that classes and memberships expire, and future prices are subject to change. We accept MasterCard, Visa, Discover and American Express. Cash payments may only be made in person at SynergyFx. You can reserve classes online up to 2 weeks in advance, but not later than 12 hours prior to class time.

Your credit/debit card will be charged for your order when you submit your reservation. SynergyFx will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that SynergyFx may incur in its efforts to collect any unpaid balances from you.

CLASS cancellation policy

Cancellations must be completed no less than 12 hours before the class start time to avoid a loss of that class or a fee.  If you are not feeling well and it is past the12 hour window, please call or email the studio to let us know so that we can credit your reservation back to your account or waive your fee.  We do ask that if you are not feeling well you do not come to the studio until you are symptom-free or fever free for at least 72 hours. Example: If you cancel a class on Friday evening for Saturday morning, we ask that you do not attend until at least Tuesday.

All late cancellations and/or no-shows will be charged to your account. Signature Monthly Unlimited members will be assessed a fee of $19 per incident for any late cancellation/no-show. Class package holders will lose that class session in the event of a late cancellation/no-show.

MONthly unlimited cancellation policy

The Signature Monthly Unlimited terms are 30 days unlimited classes from the date of purchase. It renews automatically every 30 days. It can be cancelled at any time with written notice at least 30 days prior to the next charge date. There is no refund, partial refund, or prorated refund of unused time. The Signature Monthly Unlimited will renew until cancelled.

THIRD-PARTY WEBSITES

SynergyFx has not reviewed all the sites linked to the Website. and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website and/or app may contain the SynergyFx logo, please understand that it is independent from SynergyFx, and that SynergyFx has no control over the content of that website and/or app.

Going to third party or off-site websites from the Website is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with SynergyFx.

INTELLECTUAL PROPERTY RIGHTS

The trademarks and trade dress of SynergyFx are proprietary to SynergyFx and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, SynergyFx. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use.

Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of SynergyFx, is strictly prohibited.

You acknowledge that SynergyFx and/or third-party content providers remain the owners of all Website materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. SynergyFx may discontinue or remove the Website, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.

NOT AUTHORIZED TO PERFORM DATA MINING

You are not authorized without the prior written permission of SynergyFx to use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You also may not engage in the mass downloading of files from this Website, use the computer processing power of this Website for purposes other than those permitted above, flood this site with electronic traffic designed to slow or stop its operation or establish links to or from other websites to this Website.

NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES

Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or secondhand works based on any of SynergyFx material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website in connection with the sale or resale of any SynergyFx products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, SynergyFx material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, User’s permission to use SynergyFx material will automatically terminate, and any copies made of SynergyFx material must be immediately destroyed.

Any unauthorized use of SynergyFx material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

In no event will SynergyFx be liable for any direct, indirect, special, or other consequential damages resulting from your use of its facilities, the Website, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if SynergyFx expressly advised of the possibility of such damage.

All information is provided by SynergyFx on an “as is” basis only. SynergyFx provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

CHOICE OF LAW

This agreement is governed by the laws of the State of Maryland. Any claim arising out of your use of this Website must be brought in Maryland.

POLICY CHANGES

Occasional changes may be made to this document to reflect changes in SynergyFx policies. These Terms and Conditions may be revised at any time by updating this posting. By using SynergyFx’s facilities, using the Website and attending classes (either online or in person) you agree to be bound by any such revisions. Users are encouraged to check this document periodically to stay informed of current privacy guidelines.

TERMS OF USE

LATE ARRIVALS: For safety reasons and to ensure everyone is properly warmed up, please be on time for class. Any vacancies may be given to waitlist participants 5 minutes before the session begins. For everyone’s safety, there will be no access to classes once they have started. 

WAITLIST POLICY: If you are unable to get in a class you desire because it is fully booked, we highly recommend putting yourself on the waitlist. You must purchase or have an active class package or membership before you can reserve a spot on the waitlist. If you don’t receive a spot in your desired class, the class will not be charged to your account.

If a spot becomes available for which you have been waitlisted before the reservation window closes, you will automatically be enrolled. You will receive an email confirming your enrollment into the class from the waitlist. If you are no longer interested in a class for which you are on the waitlist, you must remove yourself from the waitlist (online or by calling the studio and speaking with someone live) or you risk being charged whether you attend or not.

If a spot that you have been waitlisted for opens after the 12-hour window before class    has closed, we will email and/or call you and all other waitlisted clients to inform you of the available spot. We will not enroll anyone until we speak with someone directly. When   it is after the 12-hour window prior to class, the first client we speak with live will be enrolled.

We do not offer the option of swapping classes. If you are scheduled for one SynergyFx class and then receive a spot from the waitlist for a different SynergyFx class, you will be charged for both classes unless you cancel one of them before the 12-hour cancellation window.

If you are interested in attending an upcoming class and the booking window is already closed, we encourage you to call the studio to see if a spot is open. If there is room, we will be happy to reserve it for you.  You are also welcome to come to the studio to see if a spot is/becomes available but be aware that any waitlisted clients physically present will take priority over drop-in clients. Your account will be charged upon confirmation of a spot in class.

PURCHASE & REFUND POLICY: Classes and instructor assignments are subject to change. Pricing is subject to change without notice. All class packages are non-transferable and non-refundable; there are no exceptions. Single classes expire in 30 days and 6 class packages expire 90 days from date of purchase. 12 class packages expire 180 days from the date of purchase. No one under the age of 13 is allowed in SynergyFx without parental/guardian supervision. Unused retail merchandise may be returned for a refund or exchanged within 7 days of purchase.