Terms & Conditions
Terms and Conditions – Heat Dance, LLC
For a listing of our current studios, please click here https://www.HeatDanceCompany.com/studios/. You can then see what classes are available in your studio of choice.
- Application of These Terms And Conditions
This website is operated by Heat Dance, LLC which includes HEATAnnex and subsidiaries of Heat Dance, LLC (“HEAT”, “we”, “us”, or “our”). These terms and conditions (“Terms”) govern your relationship with HEAT, including, but not limited to, your use of the HEAT Website www.HeatDanceCompany.com (the “Website”) and the HEAT Mobile Application (the “App”), your purchase of HEAT classes, your rights to cancel your purchase of HEAT classes, your registration for classes, your purchase of merchandise, your communication with HEAT, and your use of and attendance at HEAT’s studios. HEAT’s classes include offerings on and off the dance floor. We are excited to continue bringing HEAT to dancers and community members!
- ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
- Informal Dispute Resolution
At HEAT, we believe every class, dancers, and community member matters. Our goal is to do our best to ensure that every experience with HEAT will exceed your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at WeCare@4va.c84.myftpupload.com. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.
- Arbitration Agreement
By accepting the Terms, you and HEAT agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if HEAT initiates arbitration, it shall have the choice as between these two arbitration forums.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
- Class Action Waiver
You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving HEAT or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against HEAT. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If this class action waiver (“Class Action Waiver”) clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
- Definition of Dispute
Except as described below, the term “Dispute” in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and HEAT regarding any aspect of your relationship with HEAT, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.
Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.
Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
- How Will the Arbitration Work?
Either you or HEAT may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
If you or HEAT initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:
- For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
- Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
- As set forth in the section of these Terms regarding Choice of Law, the arbitrator shall apply New York law.
If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, HEAT will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
- Where Will the Arbitration Be Held?
You can bring the arbitration in either New York or in the state where you live if there is a JAMS or AAA in that state. In the event that HEAT initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case HEAT may initiate the arbitration in New York.
III. Use of the Site by Minors
If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. HEAT does not accept the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18. Registration of a minor is permitted for Heat Dance classes only, and must be completed in person at one of our studios with a parent or guardian. Minors who are at least 12 years of age, meet the minimum height requirement of 4’11”, who have submitted a Minor New Dancers Waiver Form signed by a parent or guardian, may sign up for Heat Dance classes online.
- Reservations/Charges/Classes and Gift Cards
In order to make a reservation, you must first buy a single class or a series of classes. To buy an individual class or series of classes online, you can either sign up here https://www.HeatDanceCompany.com/shop by using your e-mail and creating a password, or if you are already registered, click login to buy a series and make your reservation.
In addition to classes and series of classes, you can also buy a gift certificate. HEAT’s gift certificates are called “gift cards”. Gift cards never expire and the person that you are giving them to can use his or her gift card(s) to buy classes or to buy any kind of merchandise. Once a class is purchased using a gift card, it will expire, just like any other class you buy. If you would like to buy a gift card, please click here https://www.HeatDanceCompany.com/shop/gift-card/.
Gift cards and classes are not the same thing. Unlike gift cards or gift certificates, classes are for our classes only. You cannot give classes to another as a gift. When you buy a class, you are only entitled to use that class to book a class in a particular studio at a particular time. You cannot redeem your class for cash and you cannot transfer it to another dancers or community member.
Classes do expire. The expiration dates are posted in the description of the class or series of classes on the Website and the App and listed on your receipt. If, however, you get jammed up and cannot book a class in time, just give us a call, stop by the studio, or e-mail us and we can help you.
Future class prices are subject to change, but HEAT will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made in a HEAT studio. You can reserve classes online up to 1 week in advance (Monday at noon through the following Monday), but not later than 1 hour prior to class time.
Your credit/debit card will be charged for your order when you buy your class or series of classes, not when you book your class. HEAT will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. 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 HEAT may incur in its efforts to collect any unpaid balances from you.
- CONSUMERS’ RIGHT TO CANCELLATION
You have the right to cancel your purchase of HEAT classes. Your right to do so may vary depending on the applicable laws of each state in which HEAT operates studios. As a result, please review the relevant state-specific terms and conditions, which are provided below. In general, you may cancel your purchase of one class or a class series at any time before midnight of the fifth business day after the date of your purchase, excluding Sundays and holidays. You may cancel your purchase of a SuperHEAT series within 45 days after your purchase. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to info@HeatDanceCompany.com.
HEAT will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation. Dancers and community members shall the option to receive the refund either to the original method of payment or HEAT store credit.
- ADDITIONAL RIGHTS TO CANCELLATION
You or your representative may also cancel your purchase of a class or series of classes for any of the reasons listed below. To do so, you must give us written notice, by e-mail or certified or registered mail.
You may cancel your contract in any of the following circumstances.
- If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, HEAT will refund you the purchase price of your unused class or classes.
- If you die, HEAT will refund your representative the purchase price of your unused class or classes.
- If you move your residence more than 25 miles from a HEAT studio location, you may cancel your purchase and HEAT will refund the purchase price of your unused class or classes. Depending upon where you live, you may be charged a cancellation fee.
- If HEAT stops offering classes, you may cancel your purchase.
VII. Cancellation Policy for Reservations
In order to cancel a reservation in a HEAT class and return it to your account, you must cancel by 5 PM the night prior to the class. Once your reservation is cancelled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven’t cancelled by 5 PM the night before, your scheduled class will be charged to your series.
You can cancel your reservation in the following ways:
- Log into your account on the Website or the App, and, next to the class you wish to cancel, press “cancel”.
- Call the studio where you’re booked to cancel the class for you.
Please note, in fairness to all our customers, CLASSES AND SPOTS WILL BE RELEASED 4 MINUTES BEFORE CLASS BEGINS.
FOR DANCERS AND COMMUNITY MEMBERS RUNNING LATE: We ask that you call the studio to let us know you are on the way. The front desk will hold a reservation for up to 10 minutes after class begins, though we cannot guarantee you will be given the class you signed up for in Heat Dance classes. Dancers and community members who are more than 10 minutes late will not be admitted into class as it is too disruptive.
FOR DANCERS AND COMMUNITY MEMBERS LEAVING EARLY: If you’re planning on leaving early, we kindly request that you tell the instructor ahead of time.
VIII. Geographic Use of Classes
HEAT offers different series of classes so that our customers can select the options that best suit their individual needs.
- Types Class Formats Offered at Heat Dance
Heat Dance offers the following classes at its discretion, some of which are offered only periodically while others are offered on a recurring basis:
Heat Dance: Our signature Heat Dance class is salsa and hip-hop re-invented. With inspirational coaching, rockstar music, and a full body workout this 45-minute class will transform the way you look and feel.
HEATSurvivor: It’s amazing what an extra 15 minutes can do. A little more challenge, a little more sweat, a lot more HEAT.
HEAT Challenge: For our hardcore dancers who want to double up, now’s your chance! Push up, tap back and rock out in our 90-minute cardio party.
HEAT Star: Ever dream of being on the instructor podium? You might just get picked to take a turn leading the beat.
- Waiver and Release
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of HEAT and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in dance and exercise equipment in association with the Classes 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.
You have read and thoroughly understand the Heat Dance Class Safety Instructions that are posted on HEAT’s Website, a hard copy of which was also provided to me by HEAT staff. 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 HEAT staff, you would be at physical risk using HEAT’s Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish HEAT with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing HEAT’s concerns and stating that HEAT’s concerns are unfounded.
In consideration of being allowed to participate in and access the Classes 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 Classes and Facilities, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless HEAT, 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 Classes 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 HEAT’s Classes 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 HEAT’s Classes and Facilities, and should not be participating in any Classes.
- Links/Third Party Websites
HEAT has not reviewed all the sites linked to the Website and/or App, 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 HEAT logos, please understand that it is independent from HEAT, and that HEAT has no control over the content of that website and/or app. Going to third party or off-site websites from the Website and/or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with HEAT.
XII. Intellectual Property Rights
The trademarks and trade dress of HEAT are proprietary to HEAT and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, HEAT. You have the right to view, electronically copy, and print in hard copy portions of the Website and App 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 HEAT, is strictly prohibited.
You acknowledge that HEAT and/or third party content providers remain the owners of all Website and App 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. HEAT may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.
XIII. Not Authorized to Perform Data Mining
You are not authorized without the prior written permission of HEAT 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 and/or App or accessed through this Website and/or App. You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App 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.
XIV. 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 second hand works based on any of HEAT’s 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 and/or App in connection with the sale or resale of any HEAT products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, HEAT’s 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 HEAT’s material will automatically terminate and any copies made of HEAT’s material must be immediately destroyed.
Any unauthorized use of HEAT’s 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 HEAT be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, your purchase of HEAT classes, your rights to cancel your purchase of HEAT classes, your registration for classes, your purchase of merchandise, your communication with HEAT, and your use of and attendance at HEAT’s studios, 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 HEAT expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by HEAT on an “as is” basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. HEAT provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
XVI. Choice of Law
The Terms are governed by the laws of the State of New York, without regard to New York’s choice of law provisions. Except as provided above as to those Disputes you or HEAT submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in New York.
XVII. Acceptance of Terms
By using the Website or App, purchasing a HEAT class, registering for a HEAT class, booking a class, purchasing merchandise, and/or using or attending a HEAT class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website or App, purchasing a HEAT class, registering for a HEAT class, booking a class, purchasing merchandise, and/or using or attending a HEAT class.
Occasional changes may be made to this document to reflect changes in HEAT’s policies. The Terms may be revised at any time by updating this posting. By using the Website or App, by buying HEAT classes, registering for classes, booking classes, buying merchandise, and/or using and attending HEAT’s studios, you agree to be bound by any such revisions. Dancers and community members are encouraged to check this document periodically to stay informed of current guidelines.
XVIII. Contact Us
If you have any questions about these Terms you can reach us at WeCare@HeatDanceCompany.com.
5-DAY CANCELLATION RIGHT: You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to: Heat Dance, LLC.
Cancellation of Contracts Requiring Payment of $1,500 to $2,501 or more:
You may cancel this Agreement if you qualify as set forth below. Termination is effective provided written notice is mailed or delivered to Heat Dance, LLC, Attention: WECARE, 609 Greenwich Street, New York, NY 10014 or emailed to WeCare@HeatDanceCompany.com. Within 10 days after receipt of the notice of cancellation, you will receive a refund of any unused classes (charged at the rate of a 1-Class package)
- Agreement Requires Payment of $1,500 to $2,000: If this Agreement requires payment of one thousand five hundred dollars ($1,500) to two thousand dollars ($2,000) you have a right to cancel this agreement at any time prior to midnight of the twentieth (20th) business day of the health studio after the date of this agreement, excluding Sundays and holidays.
- Agreement Requires Payment of $2,001 to $2,500: If this Agreement requires payment of two thousand one dollars ($2,001) to two thousand five hundred dollars ($2,500), you have a right to cancel this agreement at any time prior to midnight of the thirtieth (30th) business day of the health studio after the date of this agreement, excluding Sundays and holidays.
- Agreement Requires Payment of $2,501 or More: If this Agreement requires payment of two thousand five hundred one dollars ($2,501) or more, you have a right to cancel this agreement at any time prior to midnight of the forty-fifth (45th) business day of the health studio after the date of this agreement, excluding Sundays and holidays.
Additional Cancellation Rights: You may cancel this Agreement and receive a refund if you qualify as set forth below. Termination is effective as of the date of the event, provided that written notice is mailed or delivered to Heat Dance, LLC, Attention: WECARE, 609 Greenwich Street, New York, NY 10014 or emailed to WeCare@HeatDanceCompany.com, and adequate proof of the event is provided. Within 10 days after receipt of the notice of cancellation, you will receive a refund of any unused classes (charged at the rate of a 1-Class package)
- Move Out of Area: Your move must be more than 25 miles from a Heat Dance, LLC location and Heat Dance, LLC is unable to transfer the balance of your unused classes to a comparable facility within 25 miles of your new residence. You must provide written evidence of your move.
- Death or Disability: In case of death, your estate must provide written evidence. In case of disability, you must prove such disability by a doctor’s certificate.
- Elimination or Substantial Reduction in Scope of Facilities: If at any time during the term of this Agreement, Heat Dance eliminates or substantially reduces the scope of the facilities that are described in this Agreement and that were available upon execution of the Agreement, you may cancel the contract and receive a pro rata refund on the terms indicated above, except that Heat Dance reserves the right to make reasonable changes to the type or quantity of classes or equipment offered.
Services, Facilities, and Hours: All Heat Dance studios in Southern California offer the following class or series of classes:
|Class or Series of Classes:||Price:|
|First Time Class: 1 Class||$15|
|Annual Online Membership||$36|
For additional information about the services and hours at each studio, visit HeatDanceCompany.com.
EFFECTIVE DATE: January 2, 2018