Membership Policies 

1.PARTIES 

Hourglass Lab LLC (Hourglass Lab) and you agree that by signing this agreement, you purchased a membership or services, agreed to all the terms in this agreement, and agreed to follow Hourglass Lab's membership policies and any fitness studio rules. 

2.MEMBERSHIP
2(a). Nature of Membership: Your membership permits you to use Hourglass Lab's premises, facilities, equipment and services as shown and limited by the membership identified on page 1. 

Your membership is non-transferable by you and gives you no rights in Hourglass Lab, its management, property or operation. Hourglass Lab may close clubs. Hourglass Lab may assign or transfer your membership in its sole discretion. Hourglass Lab can sell memberships at different rates and terms than yours. Any special promotional membership or rate regarding privileges, usage, hours, or facilities is valid only at the club of enrollment, unless otherwise noted. It is your responsibility to notify Hourglass Lab of any change in your address or phone number
2(b). All-Club Memberships: You acknowledge and agree that if you have an All-Club membership, your all club access is limited as shown on page 1, and you are entitled to use only those clubs covered by your membership. For example, if you purchased an All-Club FitStudio membership you will NOT have access to Sport or LuxSport clubs and if you purchased an All-Club Sport membership, you will NOT have access to LuxSport clubs. You further acknowledge and agree that (1) Hourglass Lab reserves the right to charge an extra fee and/or extra dues for your use of any club not included in your type of membership or for any club with additional services and/or amenities than those offered at the time you enrolled; (2) the total number of clubs at your access level may either increase or decrease in the future and nothing in this agreement shall be construed as a guarantee that your access level will always provide you access to either a certain number of clubs, or to specific clubs; (3) Hourglass Lab's designation of clubs (as either FitStudio, Active, Sport,  LuxSport or such designation as Hourglass Lab adds in the future) shall be at its sole and absolute discretion and may be based upon a variety of factors, including without limitation costs and expenses, services, equipment, location, club size, club age, renovations, amenities, trends and market; (4) Hourglass Lab may open new clubs, close clubs, change the designation of clubs and/or create new designations of clubs; (5) Hourglass Lab may exclude certain clubs (including without limitation future clubs, clubs with higher costs or expenses, clubs in certain markets, or other clubs with special circumstances) from your all club access benefits even if those clubs may appear comparable to the clubs at your access level; and (6) no two Hourglass Lab clubs are exactly alike and to understand the size, amenities, services and features of a particular club, you will need to visit the club. 

2(c). Corporate Memberships: You must be a current employee of a participating company and eligible under the company's guidelines to enroll under a Corporate membership program. By enrolling under a Corporate membership program, you grant Hourglass Lab the right to verify your eligibility under the company's guidelines (including the right to verify your employment with the company as necessary). In the event you are not currently employed or cease being a current employee of a participating company, Hourglass Lab reserves the right to immediately terminate your membership and/or require you to pay the full regular price of initiation fees and monthly dues. 

2(d). Membership Freezes: Hourglass Lab will freeze your membership if you qualify under Hourglass Lab's Membership Freeze Policy set forth in the membership policies. To be eligible for a membership freeze you must be in good standing with all initiation fees paid and you must be current on your monthly or prepaid dues. 

3. FINANCIAL POLICY & NOTICES
3(a). Dues & Fees: You agree to pay the dues and fees on page 3 and 4. If you are under 18, Hourglass Lab requires an adult to authorize payment. Hourglass Lab immediately earns the initiation fees and first and last month’s dues when you buy your membership, including any and all paid amounts or unpaid portions which are to be paid according to a payment plan. These fees and any prepaid monthly dues are not refundable, except as stated in Section 6 of this agreement. Whether or not you use the facilities, you must still pay your monthly dues and non-use of the facility or facilities is not a basis for refund of prepaid dues. You agree to pay Hourglass Lab a fee for any returned check, or other non-payments, such as for insufficient funds, closed account, frozen or declined credit or similar circumstances. The current fee is $25.00, but is subject to change at Hourglass Lab's discretion without prior notice.

3(b). (i).Right to Increase Dues: If you have a Monthly Payment Agreement--Membership, Upgrade, or Special Privilege--Hourglass Lab may increase your monthly dues once per calendar year per agreement. The increase will be calculated at not more than ten percent (10%) of your then current monthly dues. Any such increase will not occur during the first twelve (12) months of your agreement; if you have a Loyalty Monthly Payment Membership, no such increases will occur during the first twenty-four (24) months of your agreement. Your EFT/RCC date will not change. If you have a Loyalty Prepay Membership, once your initial Prepaid Period ends, your membership is subject to increased monthly dues after 48 payments paid on a monthly basis. If you have a Prepaid Membership, Hourglass Lab will not increase your Initial Annual Renewal Amount on page 1 of this agreement, but may increase all subsequent annual renewal amounts. Hourglass Lab will send you notice of your new annual renewal amount each year thereafter prior to the end of your then current term. The increase described in this paragraph is in addition to any other increases authorized under this agreement.
(ii). Right to Increase Loyalty Fitness Service Agreement monthly program fee: If you have a Loyalty Fitness Service Agreement, Hourglass Lab may increase your monthly program fee once per calendar year per agreement. The increase will be calculated at not more than ten percent (10%) of your then currently monthly program fee rate. Any such increase will not occur during the first twelve (12) months of your agreement. The increase described in this paragraph is in addition to any other increases authorized under this agreement.
3(c). Charges & Taxes: If you or your guests incur any Hourglass Lab charges for goods or services that include, without limitation, babysitting, fitness services, or similar services, you agree to pay for them according to Hourglass Lab's rates and practices then in effect. Hourglass Lab has the right to add to your prepaid dues or to your monthly dues any tax or charge required by the government.
3(d). Automatic Monthly Deductions: At any time, you can change the method of payment you have designated via Fit app online member services (on www.hourglasslab.online), contacting Member Services, or by updating your information in person at a Club. Please allow up to 5 days from the day Hourglass Lab receives your request for the change to take effect. If there is an error in an amount billed under this Agreement, you must notify us within 30 days after the date the EFT debit or credit card charge was made, or we will not be obligated to re- credit your account.
3(e). Automatic Monthly Payment Failure: If we are unable to process a EFT/RCC monthly charge for any reason, your membership or agreement privileges will be immediately suspended. You will have 30 days from the date we are unable to process the EFT/RCC monthly charge to reinstate your membership or privileges agreement by providing a valid EFT/RCC authorization. Upon reinstatement, all your past due amounts, including a $25 fee (as described in Section 3(a)) will be electronically deducted using the newly authorized EFT/RCC. If you do not provide a valid EFT/RCC authorization within the 30 days, your membership will be terminated “for cause” by Hourglass Lab and the terms of the “Termination for Cause by Hourglass Lab” paragraph in Section 6 will apply; you will not receive a refund of any initiation fees or of first and last month’s dues.

3(f). Delivery of Notices and Communications Related to This Agreement and Your Membership. You agree to electronic delivery of notices and records relating to this Agreement and to your Hourglass Lab membership ("Notices") by electronic delivery instead of in paper form through postal delivery (you will still receive postal delivery of notices or records required by regulation or policy to be sent by postal delivery). Notices eligible for electronic delivery include notices regarding dues increases, annual dues, electronic payment amounts, payment processing refusal, service changes, renewal, and similar notices relating to the Agreement and your membership. We will deliver Notices electronically to you by emailing them to the email address you have provided to us in this Agreement and you agree to keep that email address active and/or to update it as necessary. With respect to communications regarding any amounts you owe Hourglass Lab, you also agree that Hourglass Lab may contact you on your home phone and on any cell phone number that you provide to Hourglass Lab and that such contact may be by telephone (including autodialed calls), pre-recorded or artificial message, text message or other means. You may change your primary e-mail address, phone number or other contact information, or withdraw your consent to receive Notices electronically by contacting Member Services at (909) 402-3777. There is no fee if you withdraw your consent to receive Notices electronically.
3(g). Marketing Communications. From time to time Hourglass Lab may offer you special offers by direct mail, email, telephone and other methods as permitted by law. You may change your communication preferences at any time by contacting Member Services at (909) 402-3777. 

4. FACILITIES AND SERVICES

4(a). Description of Services and Hours of Access: Not all facilities or services are open or available 24 hours a day and Hourglass Lab may alter the hours of operation. Your membership with Hourglass Lab shall include access to the facility or facilities as shown and limited by the membership identified on page 1, including the cardiovascular, strength and conditioning equipment at those facilities. Your membership agreement does not include personal training, which is an optional service subject to a separate agreement with Hourglass Lab. Hourglass Lab also provides a number of group exercise classes some of which are optional services and may require payment of a fee. Other optional services that may require additional fees include, but are not limited to, towel service, babysitting, basketball leagues, class fees, class reservation fees, guest privileges, or executive lockers. Hourglass Lab reserves the right to charge a separate participation or reservation fee for such optional services.
4(b). Changes in Equipment or Classes: Hourglass Lab reserves the right at any time to make reasonable changes to the type or quantity of group exercise classes and equipment offered, to alter the times of group exercise classes, and to amend the cost of, add, modify and/or eliminate any program, facility, activity, class or service in Hourglass Lab's reasonable discretion. Classes and equipment are available subject to demand. Any of the facilities or services, including but not limited to classes, equipment, babysitting, basketball, saunas, and whirlpools may have limited hours or may be discontinued altogether at any time and may be offered on a "first come first serve basis."
4(c). Temporary Closures: Hourglass Lab regularly closes its facilities, or portions of its facilities, on a temporary basis for maintenance, selected holidays, and other hours based on municipal requirements or other business reasons and such temporary closures will have no effect on this agreement so long as such temporary closures are reasonable. If your club of enrollment is forced to close for 30 days or less by events or occurrences beyond Hourglass Lab's control, such as, by way of example, natural disasters, riots or unrest, or action by any lawful authority (Unforeseen Events), you will not be entitled to a refund, dues credit or to terminate your membership. However, if Unforeseen Events force your club of enrollment to close for more than 30 consecutive days, then Hourglass Lab will extend your membership, without dues, for the same period your club of enrollment was closed or completely unavailable, but only if there is not another club to which you have access within 25 miles of your club of enrollment. If Hourglass Lab closes your club of enrollment for more than 10 consecutive days for any reason not caused by Unforeseen Events, Hourglass Lab will extend the term of your membership, without dues, for any days beyond 10, but only if there is not another club to which you have access within 25 miles of your club of enrollment. Your obligations if Hourglass Lab permanently closes or moves your club of enrollment are explained in Section 6. If your club of enrollment closes because it is sold, Hourglass Lab may assign your membership to the new owner.

4(d). Services for New Facilities to Begin within Six Months: Performance of the agreed upon services (access to the work-out facility) under this agreement shall begin within six months after the date of this agreement. If Hourglass Lab does not provide the services within six months, you may cancel the agreement until up to 10 days after the first day when the services are provided, unless Hourglass Lab provides you with access to other Hourglass Lab facilities within 25 miles of the new facility within six months of the date of the agreement and then continues to provide that access up until the time when the access to the work-out facility is granted. 

5.REPRESENTATIONS

5(a). Physical Condition & No Medical Advice: You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of Hourglass Lab's facilities. As such, you acknowledge that Hourglass Lab did not give you medical advice before you joined, and cannot give you any after you join, relating to your physical condition and ability to use the facilities. If you have any health or medical concerns now or after you join, discuss them with your doctor before using the facilities. You acknowledge that you have been informed that Hourglass Lab has available a questionnaire designed for you to determine whether you should consult a physician before participating in an exercise program and that you understand Hourglass Lab assumes no liability to you if you undertake physical activity without consulting your doctor or against the advice of your doctor. 5(b). Limited Use: If you know or should know you have any problem that might prevent you from using all of Hourglass Lab's facilities and you sign this agreement, you agree that your membership is limited accordingly. However, because it's your choice, you still must pay your dues as if you could use all the facilities. 

5(c). Liability for Property:  Hourglass Lab is not liable to you or your guest for any personal property that is damaged, lost, or stolen while on or around Hourglass Lab’s premises including, but not limited to, a vehicle or its contents or any property left in a locker. If you or your guest cause any damage to Hourglass Lab's facilities, you are liable to Hourglass Lab for its cost of repair or replacement.
5(d). Entire Agreement & Enforcement: You acknowledge that neither Hourglass Lab, nor anyone else, made any representations or promises upon which you relied that are not stated in this agreement. Handwritten changes to this agreement are not valid. This document contains the entire agreement between you and Hourglass Lab, and replaces any prior agreements, representations or promises by or between you and Hourglass Lab, whether written or oral, with respect to the subject matter of this agreement (as this agreement is described in the upper right hand corner of page 1).

6. CANCELLATION - TERMINATION - REFUNDS
6(a). Cancellation Rights & Refund: Initiation fees and first and last month's dues are nonrefundable. You may cancel this agreement and receive a refund of unused prepaid dues or unused fitness services if you qualify as follows: 

6(a)(1). You Are Disabled or You Die: Your disability must physically prevent you from using the club's facilities and a licensed physician must verify this fact in writing. In case of death, your estate must provide written evidence. For temporary partial disabilities, you may qualify for a membership freeze at the discretion of Hourglass Lab under Hourglass Lab’s Membership Freeze Policy.
6(a)(2). You Move: Your new residence must be more than 20 miles from your club of enrollment and Hourglass Lab must be unable to transfer your membership to a comparable facility within 20 miles of your new residence. You must provide written evidence of your move. If there is a comparable club within 20 miles of your new residence, your membership will be transferred to that club and you are not entitled to a refund. If Hourglass Lab is unable to transfer your membership, Hourglass Lab will refund your unused prepaid dues or unused fitness services.
6(a)(3). Military Deployment: If you are a member of the United States military, including a member of the National Guard, military reserves, or regular United States armed forces, who is serving on active duty and deployed or otherwise serving outside of this state during the term of this agreement. You must provide written evidence of your deployment within 90 days after you receive notice of such deployment or service outside the state. If you prefer, instead of cancelling you may freeze your membership at no additional cost and your membership rate will not change while your membership is on freeze (see the Membership Policies for more details on how to freeze a membership).
6(a)(4). Notice & Effective Date: You or your estate must send written notice and proof of the event within 30 days after it happens, unless specifically stated otherwise in this agreement. Cancellation is effective as of the date of the event. If your notice is late or lacks proof, Hourglass Lab may set the effective date when Hourglass Lab receives the notice. Such notice shall be sent to: Hourglass Lab, hourglasslab1@gmail.com.
6(b) Cancellation Rights for Agreements $1,500.00 and Over:
6(b)(1). Nothing in this section shall apply to an agreement for $1,499.99 or less.
6(b)(2). If your agreement requires payment of one thousand five hundred dollars ($1,500) to two thousand dollars ($2,000), inclusive, including initiation fees or initial membership fees, you have the right to cancel the agreement within 20 days after the agreement is executed.

6(b)(3). If your agreement requires payment of two thousand one dollars ($2,001) to two thousand five hundred dollars ($2,500), inclusive, including initiation fees or initial membership fees, you have the right to cancel the agreement within 30 days after the agreement is executed.
6(b)(4). If your agreement requires payment of two thousand five hundred and one dollars ($2,501) or more, including initiation fees or initial membership fees, you have the right to cancel the agreement within 45 days after the agreement is executed.
6(b)(5). If you are entitled to cancel under this Section 6(b), you shall be liable only for that portion of the total agreement payment, including initiation fees and other charges however denominated, that has been available for your use, based upon a pro rata calculation over the term of the agreement. The remaining portion of the agreement payment shall be returned to you by Hourglass Lab.
6(c). Termination of Weekly Payment Agreements-Membership, Upgrade, and Special Privilege: You may terminate your Weekly Payment Agreement (Membership, Upgrade and/or Special Privilege) by providing written notice to the following email address: Hourglass Lab, hourglasslab1@gmail.com . You may also visit or call any Hourglass Lab fitness studio, or call our Member Services department at 1-909-402-3777 to terminate your weekly payment agreement. Hourglass Lab will apply 4 weekly payments dues to pay for your agreement starting on and including the day it receives notice of your request to terminate your agreement, so your agreement will end 30 days from the date that Hourglass Lab receives your notice of termination. Hourglass Lab will refund any unused pro-rated dues that you have already paid for the weekly billing cycle covering the date that Hourglass Lab receives your termination notice. It may take up to 30 days to receive your refund in order to allow Hourglass Lab to confirm receipt of your payment for the weekly billing cycle covering the date that Hourglass Lab receives your termination notice. Your refund for unused pro-rated dues will include the pro-rated dues for the day Hourglass Lab receives your termination notice. For example, if you paid your weekly dues on July 1 and Hourglass Lab received notice of your request to terminate your agreement on July 15, then you would get a refund for 17 unused days because you only used 14 days (July 1-14) of the 31 days that your July 1 payment covered. (Each payment covers a calendar month, so, for example, your June 1 payment would have covered 30 days.) That total of 17 unused days includes the day Hourglass Lab received your termination notice. Your refund for the 17 unused days would be calculated by taking the amount of your weekly dues divided by 31 and multiplying that amount by 17. Your pre-paid last month's dues would cover your agreement from July 15 through August 13 (30 days beginning with and including July 15), and your agreement privileges would end on August 13. 

6(d). Termination of Prepaid Membership: If you have a prepaid membership, you may not terminate it during the prepaid period (or get a refund), unless specifically stated otherwise in Sections 6(a), 6(b), or 6(c) above. If you purchased a prepaid membership agreement with an annual renewal option and you do not renew your prepaid membership by the renewal date, your prepaid membership automatically expires and you are not entitled to the initial annual renewal rate. For Loyalty Prepay Memberships, you may not terminate during the Prepaid Period (or get a refund), unless specifically stated otherwise in Sections 6(a), 6(b), or 6(c) above. After the Prepaid Period, you may request to cancel your agreement and stop your weekly payments. Upon receipt of your request to cancel your agreement, your club access and membership will end after any remaining days end.

6(e). Termination of Fitness Services Agreements:
If you have a prepaid Fitness Service Agreement, you may not terminate for any reason except those described in Section 6(a), 6(b), or 6(c) above. Hourglass Lab immediately earns all fitness service fees which are non-refundable. If you are entitled to a refund under Section 6(a), 6(b), or 6(c) above, your refund is limited to unused sessions. All fitness service fees are immediately earned by Hourglass Lab. Fitness service fees are non-refundable except as otherwise stated in this Section.
If you have a Loyalty Fitness Service Agreement, you may terminate your weekly payment Loyalty Fitness Service Agreement by providing written notice to the following email address: Hourglass Lab, hourglasslab1@gmail.com . You may also visit or call any Hourglass Lab’s fitness studio, or call our Member Services department at 1-909-402-3777 to terminate your weekly payment Loyalty Fitness Service Agreement. Upon receipt of your request to cancel your loyalty Fitness Service Agreement, your weekly EFT/RCC payments will end. All weekly fees are immediately earned by Hourglass Lab upon payment, and are non-refundable. If you are entitled to a refund under Section 6(a), 6(b) or 6(c) above, your refund is limited to unused sessions. Any unused sessions shall remain valid for their applicable 6-month expiration period.
6(f). Termination for Cause by Hourglass Lab: Hourglass Lab may, at its option, terminate your membership if (1) you fail to complete all signature lines and required initial blocks, (2) you fail to make timely payments under any payment plan, (3) any weekly payments or dues are late, (4) the weekly EFT/RCC payments or dues are interrupted or discontinued for any reason and you or your cosigner do not provide an acceptable alternative, (5) you fail to follow any of Hourglass Lab’s membership policies or club rules or violate any part of this agreement, or (6) your conduct is improper or harmful to the best interest of Hourglass Lab or its members. Termination is effective on the date Hourglass Lab emails a written notice to your last known email address. You are liable for all financial obligations until that date.
6(g). Termination Without Cause by Hourglass Lab: Hourglass Lab reserves the right to terminate your membership for any reason not stated above and not prohibited by law. If Hourglass Lab does so, it will mail a written termination notice to your last known address and refund any unused prepaid dues.
6(h). Termination on Club Closure or Move: If Hourglass Lab permanently closes or moves your club of enrollment, Hourglass Lab, at its option, will either (1) transfer your membership to a comparable club location within 25 miles of your club of enrollment, or (2) terminate this agreement on the date of closing. If your membership is not transferred, then as of the date of closing you will not have to pay further weekly dues and Hourglass Lab will refund any unused prepaid dues. You are not entitled to a refund if Hourglass Lab can transfer your membership to a comparable club within 25 miles of your club of enrollment.

6(i). Effect of Termination & Financial Obligation: Upon cancellation or termination, your right to use Hourglass Lab’s facilities ends after all paid dues including last month's dues have expired and Hourglass Lab can deny you access to any or all Hourglass Lab clubs. If you owe Hourglass Lab money when your membership ends, you still owe the money, and Hourglass Lab will deduct it from any refund you might have coming. If there is not enough money to cover the debt in the refund, you must pay the balance. If you terminate your Weekly Payment Membership or your prepaid membership expires and you want to rejoin, you must buy a new membership at the then current rate.

7. APPLICABLE LAW 

This Agreement and/or any legal action related to your Hourglass Lab membership shall be governed by, construed and enforced in accordance with the laws of the State where you live at the time this Agreement is executed as indicated in the Personal Information section on the first page of this Agreement, without reference to choice of law principles. Exclusive venue for any legal action related to this Agreement or your Hourglass Lab membership shall be brought in any federal or State court where the Agreement was executed ('Applicable Courts'). The parties waive any objection that they have or may have to venue in the Applicable Courts including, but not limited to, any objection that the Applicable Courts are an inconvenient forum. In addition, the parties waive, to the fullest extent they may effectively do so, any objection that they have or may have to the transfer of any legal action to the Applicable Courts. 

8. LIMITATION OF LIABILITY 

Unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. Specifically, neither an arbitrator nor a court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages. 

9. AGREEMENT TO ARBITRATE--INCLUDING WAIVER OF CLASS ACTION AND JURY RIGHTS
9(a). Agreement to Arbitrate All Disputes Except Personal Injury and Small Claims Disputes
IN THE EVENT OF ANY DISPUTE (OTHER THAN (1) ONE THAT INVOLVES PERSONAL INJURY OR (2) ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN YOU AND HOURGLASS LAB, (HOURGLASS LAB, AS USED IN THIS PROVISION, INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), YOU AND HOURGLASS LAB WAIVE YOUR RIGHT TO A JURY TRIAL AND CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT COMMERCIAL DISPUTE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN A LOCATION NEAR YOUR CLUB OF ENROLLMENT, RATHER THAN LITIGATE THE DISPUTE IN COURT. YOU AND HOURGLASS LAB ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IN ADDITION, YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON'S ACCOUNT, IF HOURGLASS LAB IS A PARTY TO THE PROCEEDING. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MAY OPT OUT. IN ORDER TO OPT OUT OF THIS ARBITRATION PROVISION, YOU MUST NOTIFY HOURGLASS LAB IN WRITING THAT YOU DO NOT WANT TO RESOLVE DISPUTES WITH HOURGLASS LAB BY ARBITRATION, SUCH NOTICE SHOULD BE DELIVERED BY EMAIL TO HOURGLASS LAB, hourglasslab1@gmail.com, WITHIN 90 DAYS OF THE DATE YOU SIGN THIS AGREEMENT. 

9(b). Fees and costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement. If the value of the relief sought is $5,000 or less, at your request, Hourglass Lab will pay all filing, administration, and arbitrator fees associated with the arbitration. If the value of the relief sought is more than $5,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Hourglass Lab will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Hourglass Lab for all fees associated with arbitration paid by Hourglass Lab on your behalf, which you otherwise would be obligated to pay under AAA’s rules. 

9(c). Arbitrator will resolve any issues over application or enforcement of this clause. 

The arbitrator, and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable.
9(d). Sever-ability and Survival. 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 9 will be null and void. This arbitration agreement will survive the termination of your relationship with Hourglass Lab. 

10. RELEASE OF LIABILITY AND ASSUMPTION OF RISK 

Using the Hourglass Lab LLC. (Hourglass Lab facilities, services, or activities involves the risk of injury to you or your guest, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your acceptance of the benefits under this agreement, you understand and voluntarily accept this risk and agree that Hourglass Lab, its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or any damage to you, your spouse, guests, unborn child, or relatives resulting from the negligence of Hourglass Lab or anyone on Hourglass Lab’s behalf or anyone else whether related to exercise or not. You agree to indemnify, defend and hold Hourglass Lab harmless against any liability, damages, defense costs, including attorneys’ fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage caused by your negligence or other wrongful acts or omissions. You further agree to hold harmless, defend and indemnify Hourglass Lab from all liability, damages, defense costs, including attorneys’ fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage brought by you, your guests, or minors, even if Hourglass Lab was negligent. Further, you understand and acknowledge that Hourglass Lab does not manufacture fitness or other equipment at its facilities, but purchases and/or leases equipment. You understand and acknowledge that Hourglass Lab is providing recreational services and may not be held liable for defective products. 

 

11. STEROID WARNING 

Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damage liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. There are also civil and criminal penalties for the unauthorized sale, use, or exchange of anabolic steroids.