Terms & Conditions

I am at least 18 years of age, or I am the parent/legal guardian of a person under the age of 18 that wishes to enter into this agreement, either on my behalf or on behalf of my minor child, with VYBE 5, its subsidiaries and affiliates (“VYBE 5”) to obtain a VYBE 5 membership. (A minor child is considered 16-­17 years of age. No one under the age of 16 is allowed in the studio without a parent or legal guardian or be allowed to enter into this agreement)

I understand that this membership will not be effective until this Membership Agreement has been fully executed and all its terms have been complied with. No person may use VYBE 5 until signing a Member Usage Agreement. Any aspect of this membership may be amended and the rights in and to this membership may be assigned by VYBE 5 without notice. By providing an e­mail address, I expressly consent to receiving both membership-related and commercial e­mail messages regarding various VYBE 5 products and services.

MEMBERSHIP FEES AND DUES

Membership Dues consist of all dues applicable to the Individual Member as set forth in Membership Fees below. The Membership Dues are due and payable in advance on the effective date of each month that this membership remains in effect. VYBE 5 reserves the right to determine the amount and terms of payment of Membership Dues, rentals and any other fees including service, late or invalid payment fees (set forth in the studios policies), all of which dues and fees may be increased in VYBE 5’s sole discretion. Members obligation to pay Membership Dues is not dependent upon usage of VYBE 5, participation in VYBE 5 programs, availability of or access to all VYBE 5 Studios. Any member caught sharing a membership will be denied entry and forfeit their membership permanently. Memberships are NON­TRANSFERABLE. Memberships that are considered temporary memberships and or packages will expire within six (6) months of the day of purchase.

MEMBERSHIP FEES PAYMENT, STATUS CHANGES AND REFUND AUTHORIZATION

I authorize VYBE 5 to, depending on my method chosen, automatically and without notice charge my designated credit/debit card or draft from my designated checking/savings account (“EFT”), for this membership, and first month’s Membership Dues on the date of my enrollment, and on a monthly basis thereafter for any and all amounts due and owing to VYBE 5 including my then current month’s Membership Dues, any outstanding portions of membership dues, and any fees for VYBE 5 services or products, any late fees, any collection costs and payments that I owe for the submission of invalid payment instruments. I have a right to receive notice if VYBE 5 increases my monthly Membership Dues which are drafted from my designated checking/savings account that increases my monthly membership dues by more than 5%. If VYBE 5 Studio increases my monthly Membership Dues by 5% or less, I waive any written notice to me of such increase to the amount of my monthly EFT.

I also agree to waive written notice of an increase in any amount to my monthly EFT attributable to additional products and services purchased from VYBE 5 or to other fees, dues, costs or charges that VYBE 5 collects via my EFT, including its resubmission of declined transactions during or after termination of my membership.

If I fail to timely pay any membership fees, I will be assessed a $15.00 late fee and/or my membership benefits may be restricted (including studio access) and this membership or any aspect thereof may be suspended, considered delinquent or terminated, without notice and at the option of VYBE 5.

During any period of suspension or delinquency pending termination of my membership for nonpayment, I understand that my membership remains in effect such that I am responsible for payment of Membership Dues and other fees, dues, costs or charges to my EFT as authorized above. I will be responsible for all collection costs, including attorney or other collection fees. If I am due a refund, I authorize VYBE 5 or its agents on its behalf to refund my designated credit/debit card or checking/savings account. Members may pause their membership once in a calendar year for up to two months. To request a membership freeze, member will need to come to the studio to provide a start date and stop date.

FREEZING MEMBERSHIPS

The freeze policy allows members to temporarily suspend their membership in accordance with the following terms:

A member may freeze their membership once per contractual year for a minimum of one (1) month and a maximum of three (3) consecutive months in one ­month increments at the cost of ten (10) dollars per month.

Medical freeze: If member’s doctor finds the member medically unable to work out for more than three (3) months, VYBE 5 will require a letter from the physician to make the freeze effective without notice. A medical opinion that provides that the member is unable to work out for at least three (3) months. The member may deliver the note in person to the VYBE 5 or the member may send the doctor’s note with a request that the membership be frozen. Please include the most recent contact information in case VYBE 5 needs to follow up with the member.

WHAT’S THE DIFFERENCE BETWEEN FREEZING AND TERMINATING MY MEMBERSHIP?

A freeze is appropriate when the member knows approximately how long they will be gone. For example, if the member will be away on business for three months, or your doctor feels the member’s injury should be healed in less than three (3) months, a freeze is the option the member should choose. It is a defined amount of time without billing, or studio usage, and the member’s billing will automatically restart at the end of the freeze. Remember, if the member is requesting a medical or pregnancy freeze, the member will need medical documentation.

VOLUNTARY TERMINATION

The member may terminate this membership for any reason, however the member agrees to provide one month (30 days) advance written notice to VYBE 5. Terminations will be effective thirty (30) days from the cancellation request form is received for processing by the VYBE 5 team. Cancellation office hours are Monday through Friday 9 A.M. to 5 P.M. central standard time. To submit your written notice:

• • Visit vybe5.com/cancellation to fill out the cancellation request form and submit.
  • You will receive email communication, confirming that your cancellation request has been received by the cancellation office within 24 hours on business days.
  • 30 days’ notice from receipt of cancellation form for processing is required

ACCEPTANCE OF AGREEMENT

I hereby agree to accept to abide by the terms of this Membership Agreement. I understand that this membership agreement is month to month and will continue a month to month basis unless cancelled by me in accordance to this agreement.

I hereby authorize VYBE 5 to effect payment for monthly dues and approved membership charges for the duration of my membership through electronic funds transfer. This authorization is to remain in full effect until VYBE 5 has received WRITTEN NOTIFICATION from me on cancellation in writing, email or by certified letter, return receipt requested THIRTY (30) DAYS NOTICE.

1. VYBE 5 will provide a fully equipped exercise studio. The VYBE 5 studio may be unavailable during a period of repair and maintenance or special events, programs or private parties, or by Management’s schedule for these events to keep the facility in the best possible condition.

VYBE 5 could be closed for a temporary time period for repairs and renovations. There will be no adjustment in dues for this period of closure.

1. MEMBER’S HEALTH WARRANTY.The member warrants and represents that the member or any family member or guest entitled to use the facilities of VYBE 5 under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate. The Member acknowledges and agrees that: 1) VYBE 5 will rely on the foregoing warranty in issuing the Membership; 2) VYBE 5 shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition; 3) if any fitness assessment or similar testing is performed by the VYBE 5 it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes. 4) VYBE 5 shall not be subject to any claim, demand, or injury whatsoever on account of the VYBE 5 evaluation or interpretation of such fitness assessment or similar testing. 5) VYBE 5 shall not be liable for any injury arising out of the member’s disability, impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate. Each member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing. Member represents that he/she will not use the Studio when any open cuts, abrasions, open sores, infections, maladies or any other condition that would have the potential of harm to others, or otherwise in accordance with local health requirements.
2. Liability Waiver and Release

Member shall be liable for any property damage and/or personal injury caused by the Member, Member’s Family, Guest or any other person at VYBE 5 or at any function operated, arranged or sponsored by VYBE 5. It shall be the obligation of the member to pay for any costs involved upon presentation of a statement thereof. Any and all use of VYBE 5, or participation in, VYBE 5, activities operated, arranged or sponsored by VYBE 5 either on or off of VYBE 5 premises by the Member, Member’s Family or Guest (s) shall be at such person’s own risk. By signing up for and/or attending sessions, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “”Sessions and Facilities””) of VYBE 5, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in indoor cycling and exercise equipment in association with the Sessions and use of the Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff.

If in the subjective opinion of the VYBE 5 staff, you would be at physical risk using VYBE 5’s Sessions and Facilities, you understand and agree that you may be denied access to the Sessions and Facilities until you furnish VYBE 5 with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing VYBE 5’s concerns and stating that VYBE 5’s concerns are unfounded.

In consideration of being allowed to participate in and access the Sessions and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Sessions and Facilities, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless VYBE 5, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Sessions or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of VYBE 5’s Sessions and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using VYBE 5’s Sessions and Facilities, and should not be participating in any Sessions.

1. When the member signs up to become a member, the member will also be asked to choose a password. The member is entirely responsible for maintaining the confidentiality of their password. The member agrees not to use the account, username, or password of another member at any time or to disclose the password to any third party. The member agrees to notify VYBE 5 immediately if the member suspects any unauthorized use of their account or access to their password. The member is solely responsible for any and all use of their account.
2. SUSPENSION/TERMINATION OF MEMBERSHIP BY MANAGEMENT. VYBE 5 has the right to suspend and/or terminate any membership for non­payment of dues, fees, VYBE 5 Property dues, or for behavior inimical to the enjoyment of VYBE 5 by other members and staff determined in the sole discretion of VYBE 5.
3. BUYER’S RIGHT TO CANCEL OR TERMINATE. Members have the right to cancel a new contract with “buyer’s remorse” within 24 hours of receipt of a copy of this contract. Cancellation must be in writing and delivered to VYBE 5 in person. In the event of a 24-hour cancellation, VYBE 5 will refund all dues paid less the drop-in rate per session used during that time period. Month­ to ­month members may be voluntarily terminated at any time after their 30-day agreement with 30-day notice for any reason by: visiting the cancellation page at VYBE5.com/cancellation and; 2) paying all current charges prior to termination. VYBE 5 Enrollment Fees, if applicable, are non­refundable.
4. BUYER’S RIGHT TO UPGRADE/DOWNGRADE MEMBERSHIP A member may determine that he/she would prefer to have a higher level membership to better accomodate usage preferences. He/she may upgrade membership at any point in the billing cycle. Members moving from Basic to Standard or from Basic/Standard to Select/Elite will pay ten dollars ($10) per session utilized up to the maximum number of sessions allotted monthly for that membership (i.e., 4 sessions/month for Basic and 8/sessions per month for Standard). The balance remaining from the original membership dues will be applied to the new membership and a new contract will be issued for the upgrade. This will change the member’s billing date and cannot be revised. Members who wish to upgrade their membership from Select to Elite in the middle of a pay cycle will pay five dollars ($5) per day of the current contract. The remaining balance from the original membership will be applied to the new membership and a new contract will be issued for the upgrade. This will change the member’s billing date and cannot be revised. Members who wish to downgrade their membership will be required to provide a 30-day notice of cancellation for the current membership and a new contract can be issued to automatically begin billing the new membership at the close of the 30-day waiting period.
5. DISCOUNTED MEMBERSHIPS. Discounted memberships apply to a limited period. The special rate is non-transferable. All contracts are non-refundable 24 hours after the contract start date. Thirty (30) days’ notice from contract start date required for cancellation. Membership start dates may be adjusted by the member up to 24 hours prior to the contract start date for no greater than 30 days after the current start date. Only three start date edits per contract with 24 hours’ notice prior to current start date.
   • Year One $99 memberships apply to the first 12 months’ of continuous membership only. If the membership is canceled or goes beyond 12 months’, the standard rate of $159/month will apply.
   • Month One $99 memberships apply to the first 30 days’ of membership only. If the membership is canceled or exceeds 30 days, the standard rate of $159/month will apply.
6. FAMILY MEMBERSHIPS. Elite members may add additional family members to their account for an additional $100 per person per month–standard contract terms and conditions apply. Each added family member will receive the benefits of the Select Membership. All dues and fees for family add-ons must be applied to the same credit card. In the event that the primary Elite membership holder discontinues his/her membership, a new primary membership must be established at the Elite membership rate or all adjoined membership will be cancelled.
7. UNPAID BALANCES. All balances which are 30 days past due are subject to a $25.00 monthly service fee. In addition to other rights, Management reserves the right to: 1. Collect the current and past due balance. 2. Suspend and/or terminate membership privileges. 3. Recover from Member(s) any collection fees, court costs, and reasonable attorney’s fees agreed to be 30% of the entire balance due and owing. 4. Collect a service fee of $30.00 for any check or draft payable to VYBE 5 which is not honored.
8. ENTIRE AGREEMENT. This agreement and Bylaws constitute the entire and exclusive membership agreement between the parties. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the agreement which are not continued herein, are hereby waived.
9. Parking at the Studio is free at no charge. All customers must park in the studio’s designated parking area. Failure to adhere to policy may result in towing at the owner’s expense. VYBE 5 is not responsible for any damage, loss, destruction or theft. Member hereby acknowledges that use of the parking facility is done so at the member’s own risk. By signing this agreement, the member hereby releases VYBE 5 and its officers, employees, agents, contractors and affiliates from any and all liability and claims, arising from member’s use of said parking facilities, whether for personal injury, property damage and/or loss.
10. The member earns a referral credit for any individual the member refers to the VYBE 5 who signs up for a VYBE 5 monthly membership. The referral program is only valid for referrals who become new VYBE 5 members. Former members who are referred and re­join will not be eligible for the referral program.
11. GUEST PRIVILEGES. Guests ages 18 and older must present a valid, government-issued identification card. A guest may visit once every six (6) months with a member, using a pass (e.g. Elite guest pass) and enjoy full studio access at no cost. A guest may visit and use the studio with no fee if they have a special invitation from VYBE 5 Management such as an appointment, email or letter. (Verbal communication will not be honored) Special VYBE 5 activities may include event fees when a guest is accompanied by a member or offered complimentary with an invitation from VYBE 5 Management. A liability waiver must be signed upon each guest visit. VYBE 5 Members will be allowed a specified number of guests per month with full access based on the member’s membership level, however the above will apply as the same guest will not be allowed within a six (6) month period. First Workout Free guest may use enjoy their first workout for free. No additional “First Workout Free” sessions will be honored after first-time use. Guest passes distributed at events and via the web are for first-time users only and may be limited to non­peak usage at VYBE 5’s discretion.
12. DRESS CODE. Members and guests are required to wear clothing that is clean and conforms to the Studio’s dress code that is announced from time to time. VYBE 5 suggests wearing lightweight workout clothing that isn’t too loose for the infrared heated sessions.
13. LOCKER ROOMS. VYBE 5 does not have full locker room facility or showers for men and women. We have self-locking lockers to store your valuables.
14. LOCKERS. Lockers are for day use only. In no event will anyone be permitted to store personal items overnight. All content will be removed and contents donated to charity. Personal belongings should be secured in lockers. VYBE 5 is NOT responsible for lost or stolen personal property or items.
15. MAT RENTALS. VYBE 5 offers rental of yoga mats and yoga towels for using during a booked session with valid credit card on file. You are welcome to bring your own mat and/or towel or use a rental from our studio (pricing for mats and towels is $3 per item). You may purchase VYBE 5 yoga mats and/or towels for additional fee. (Front desk staff will provide purchasing of cycle shoes information). Cash is not accepted. Valid credit card required for mat and towel rental.
16. VYBE 5 ETIQUETTE. To create a peaceful and empowering environment for the member’s practice and community, please follow these studio etiquette guidelines:

Members should arrive at least 5 to ­10 minutes before the session to prepare and settle. Session check-in closes 5 minutes prior to session start time. No one may enter the session 10 minutes after the session starts for safety and liability reasons. If you must exit a session early for any reason, please select a mat in the back of the studio near the door to limit disturbance during meditation. New students please arrive 15 minutes before session.

Be Clean. Do not wear perfumes, colognes, scented body lotions, oils. If the member tends to sweat outside of the member’s mat, please wipe down your area when the session is over.

Be Peaceful. Turn off cell phones and electronic devices when the members arrive. All personal belongings other than session gear must be stored outside of the rooms in the lockers. If a member is a doctor or must be available on call, please leave cell phone with the front desk.

Be Respectful. Respect the silence of the session space before and during the session. As we practice with the community, be mindful and aware of the energy transmitted to those around you.

Be a Student. Follow instructions and be open to considering new forms of practice or different ways to visit poses. (Please be aware that at times, the instructors will help guide to the correct yoga positions and will have to place their hands on the member to adjust)

1. VYBE 5 Sessions. VYBE 5 session schedule is updated every Sunday at 3:00pm and the member may book an online or through the app 5 to 14 days in advance based on his/her guest/membership level.

Check­-in

Please arrive 10 to 15 minutes before the session to check-in, get mats/towels/water, and set up your mat space. VYBE 5’s front desk staff can help with lockers or equipment. Remember to check in with the front desk staff to confirm your assigned mat space. All participants must arrive at least 5 minutes prior to the session start time to claim their mat space. Unclaimed mat spaces may be assigned to waiting guests on the waitlist. No one may enter a session 5 minutes past the start time.

Cancellation Policy

Member must cancel their reserved mat twelve (12) hours prior to the scheduled session, otherwise, the member will be charged the $15.00 cancellation fee for the reserved session. Member may cancel a session online or through the app. To cancel online, select the session from the upcoming session list and then click “Cancel reservation” on the session details page. Any members arriving 5 minutes past class start will forfeit their reservation. VYBE 5 may offer member’s reservation to a walk-in members/guests. Please note, VYBE 5 is only able to hold the mat up to 5 minutes before the session begins to prevent disruption for other members/guests.

Waitlist

VYBE 5 encourages all members/guests to sign up for the waitlist in full sessions as mats may become available last minute. Please note that if the member is enrolled in a session, the member must arrive early to check-in as mats are given away to members/guests on the waitlist 5 minutes before the start time. When adding to the waitlist, the member is making a commitment. VYBE 5 will automatically add the member to the session once a mat becomes available up to (2) two hours before the start of a session. Member will receive an email, voicemail, or text letting the member know that they have been added. In fairness to all VYBE 5 members and guests, VYBE 5 kindly asks that members/guests remove themselves from the waitlist either via online portal or the VYBE 5 app. one (1) hour before the scheduled session if member cannot attendMember will not be charged if member does not get into the session off the waitlist if member is on a temporary VYBE 5 promotion.

Switching Mats

To switch a member’s mat after booking members will need to cancel the existing reservation and re­book the mat member prefers. Changes in mat reservations are subject to availability.

Member will not be allowed to switch mats once the member has been assigned a mat unless prior approval has been provided by studio management. No changes may be made until the session is closed for reservations, which occurs 5 minutes prior to the session start time. During high demand sessions, mats will look as though they are available, however, unless management has approved the switch, please respect that the mat is booked.

1. Photo/Video Release. I hereby grant full permission to any and all of the foregoing to use my name and likeness in any social media, broadcast, telecast, video or print media reporting or advertising without compensation.
2. Recordings. All sessions are video recorded for training and service assessment purposes. I hereby grant permission to be recorderd during any session.

I agree to and accept all terms and conditions in this Membership Agreement with VYBE 5, including the voluntary termination provisions above. I acknowledge that I have received a copy of my Membership Agreement, whether in person or by printing or saving an electronic copy.

If this membership agreement was entered by visiting the VYBE 5 website, member signify this agreement to the terms of the membership agreement, as well as VYBE 5 Privacy Policy (found at www.VYBE 5fitness.com/privacy and incorporated herein by reference). If the member does not agree to any of these terms or the VYBE 5 Privacy Policy please do not use the VYBE 5 website. Although VYBE 5 may attempt to notify members when major changes are made to the membership agreement, the member should periodically review the most up­ to­ date version, which will always be posted at www.VYBE 5fitness.com/terms. VYBE 5 may, in its sole discretion, modify or revise this membership agreement and the policies at any time. Member agrees to be bound by such modifications or revisions. Nothing in this membership agreement shall be deemed to confer any third­ party rights or benefits.

1. What Choices Do I Have Regarding Promotional Emails?

We may send periodic promotional emails to you. You may opt-out of our promotional communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.

Contact Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at:

VYBE 5 6160 Warren Pkwy, Suite 100, Frisco, Texas | www.VYBE 5.com