Terms & Conditions of Purchase
These Terms & Conditions of Purchase apply to everybody who purchases any type of class, series, workshop, private lesson or package of classes (“Purchaser”) directly from Lightning Fast Training Systems, LLC dba Carlisle Performance or indirectly through a 3rd Party Payer (including but not limited to Class Pass and Groupon).
SECTION 1: FEES AND PAYMENTS
- Purchaser’s Obligation. Purchaser shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of Purchaser’s failure to use the facilities of Lightning Fast Training Systems, LLC dba Carlisle Performance (the “Studio” or King’s Academy).
- Form of Payment. All payments (including per class payments and incidentals) are payable by electronic funds transfer from the Purchaser’s credit card account or debit card account. Purchaser must authorize payments to be made through a third party administered electronic funds transfer system. Purchaser maintains full control and privacy over his or her account at all times, and the transfer of funds affects only those fees that have Purchaser’s prior authorization and when a Purchaser authorizes any additional transaction, including but not limited to single classes, class series, class packages, and retail or product transactions either on the Studio’s website or in the Studio’s facilities, as well as charges associated with late cancellation and/or no-shows.
- Returned Payment Penalty. Purchaser will automatically be charged any bank fee imposed on the Studio, plus a processing fee, for any returned payment item due to closed accounts, insufficient funds or similar issue. On such occasion, the Studio retains the right to collect the current and past due balances in any subsequent month.
- Disputed Charge Penalty. In the event that a Purchaser initiates a credit card dispute that is subsequently resolved in the Studio’s favor, the Studio shall have the right to charge Purchaser up to $50 per occurrence.
- Cancellation of Classes and Waitlist Policy. In order to make a reservation, you must first purchase a pass, session, workshop or series. To do this, you can go to www.coachcarlisle.com to “Sign Up” and create a username if you have not done so already. You should be aware that services expire and class and future services prices are subject to change. We accept Mastercard, Visa, and Discover and American Express. Reservation and cancellation deadlines apply regardless of website, phone or facility functionality.
Your credit/debit card will be charged for your order when you make a purchase. Lightning Fast Training Systems, LLC will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts 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 Lightning Fast Training Systems, LLC dba Carlisle Performance may incur in its efforts to collect any unpaid balances from you.
Please reserve your spot for class on https://carlisleperformance.com.com. Click on the Book Classes page and choose a class time you would like a spot. If a class is full you will see a ‘Sign up for the Waitlist’ button to join the waitlist for that class. If a spot opens up in that class at least 12 hours before the class begins, you’ll be placed into the class and notified via email. If a spot opens up within 12 hours before the class begins, we will reach out to offer that spot first to clients who waitlisted earlier.
It is recommended that you sign up in advance for Lightning Fast Training Systems, LLC dba Carlisle Performance classes. You are able to book classes out as far as you like. Clients with an active pass, plan, sessions or membership can sign up in advance by calling, texting, sending an email or signing up online through this website or the Lightning Fast app. All reservations are held until the class begins.
SECTION 2: CLASS CANCELLATION POLICY
Class reservations are valid only if you are ready and in the class studio within 5 minutes of the class commencing. In fairness to all our customers, spots will be released 5 minutes after the class commences. You can cancel your reservation by logging on to your account through https://carlisleperformance.com.
Due to limited spots available in each group class or private session, Lightning Fast Training Systems, LLC dba Carlisle Performance has two types of charges to motivate attendance. A LATE CANCEL charge of $15 occurs if you cancel within 12 hours of the scheduled class time. A NO-SHOW charge of $25 occurs if you do not cancel out before the scheduled class time, if you arrive more than 5 minutes late to class, or if you are signed up for a class and do not attend at all.
If you cancel your spot within 12 hours before the start time of class, your class will be returned to your pass or plan to be used at a future date; the class is not refunded but you will be charged the “LATE CANCEL” fee. If you do not show up and do not cancel your reservation, your scheduled class will not be refunded, and you will be charged a “NO-SHOW” fee.
SECTION 3: PURCHASER RISKS
- Medical Recommendations. Purchaser is strongly advised to consult with his or her physician or to have a physical examination before using any of the Studio’s facilities or enrolling in any of the Studio’s classes, especially if Purchaser is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to strenuous physical exertion or has any other physical limitations that could create an increased risk of injury or adverse health consequences from strenuous exercise.
- Orientation. Purchaser is strongly encouraged to arrive early prior to their first class as well as request ongoing support available at the Studio to ensure the proper and safe use of all of the Studio’s equipment.
- Purchaser Conduct. Purchaser shall not use any Studio facility, service or equipment in such a way as to endanger the health or safety of Purchaser or others. Purchaser shall be responsible for any property damage or personal injury caused by Purchaser and/or his or her guests. Purchaser agrees not to violate any laws while in any Studio facility and agrees further to abide by all of the Studio’s rules and regulations, as they now exist and as they may be amended from time to time in the discretion of the Studio.
- Purchaser Assumption of Risk. Purchaser acknowledges that his or her participation in the Studio’s classes and use of the Studio’s facilities necessarily involves a risk of severe, permanent physical injury (including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury, and paralysis) and death. By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, PURCHASER WILLINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS. The Studio cannot, and does not, guarantee that any facility, class or equipment is free of risk of any and all accidents or injuries of any kind (including death).
- Medical Disclaimer. Purchaser has been informed and acknowledges that the Studio makes no claims as to medical or fitness results that can or may be obtained through use of the Studio’s facilities, equipment or services. The Studio has neither suggested nor will suggest any medical treatment to Purchaser. Only licensed medical professionals are qualified to give medical advice.
Purchaser’s Health Warranty. By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, Purchaser represents and warrants that he or she (i) is in good medical and physical condition, and that participation in the classes or use of the facilities does not pose any danger to Purchaser’s health; (ii) has no medical or physical conditions that would preclude his or her participation in any of the Studio’s classes or use of the Studio’s facilities, or otherwise create an increased risk of injury or adverse health consequences as a result of strenuous exercise; and (iii) has not been instructed or advised by any physician against participating in strenuous physical exercise or exertion, participating in any of the Studio’s classes, or using the Studio’s facilities.
- Purchaser Waiver, Release and Indemnity. By checking the box to signify agreement with the Terms and Conditions of Purchase and/or by attending classes or otherwise participating in Studio activities, Purchaser, on behalf of his- or herself, and on behalf of his or her heirs and assigns, expressly agrees to forever discharge, waive and release Lightning Fast Training Systems, LLC dba Carlisle Performance and Elite Chiropractic, The King’s Academy LLC, and each of its subsidiaries and their respective members, officers, directors, affiliates, instructors, agents, employees and/or independent contractors (the “Released Parties”) from any and all claims, demands, injuries, liabilities, actions, causes of action and from all acts of active or passive negligence on the part of the Released Parties on account of any and all injuries or damages, including but not limited to bodily injury, mental injury, death and/or property damage from any event, mishap, accident, loss, damage or injury suffered resulting from or connected with or caused by the use of the Studio’s classes, services and facilities (including, without limitation, any of the Cardio equipment, Speed Equipment, or other fitness equipment, lobby, bathroom, dressing room, or other equipment). Purchaser further agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Released Parties from any and all claims, losses and liabilities arising from, connected to, and/or arising from his or her use of the Studio’s classes, services and facilities (including, without limitation, any of the fitness equipment at Lightning Fast Training Systems, LLC dba Carlisle Performance, Elite Chiropractic Clinic and The King’s Academy, bathroom, dressing rooms, or other equipment.) Additionally, Purchaser and his or her guests shall hold the Released Parties harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of their use of the Studio and associated activities.
- Prevailing Party. In the event Purchaser commences an action against the Studio or its members, officers, affiliates, agents or employees and fails to obtain judgment or partial judgment in Purchaser’s favor, Purchaser shall be liable to the Studio for all costs and expenses associated with Studio’s defense of the action or any claims on which Purchaser did not prevail, including, without limitation, reasonable attorneys’ fees and costs.
- Costs of Collection. Purchaser agrees to pay all costs plus reasonable attorney and collection fees in connection with Studio’s (or Studio’s designee’s) collection of any amounts owed by Purchaser.
- Loss of Property. Purchaser is urged not to bring valuables onto the Studio premises and to keep valuables with him or her at all times. The Studio shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry).
SECTION 4: GENERAL PROVISIONS
- Purchaser and Guests Rules. Purchaser and his or her guests shall abide by the Studio’s rules and regulations and any amendments and/or modifications thereto.
- Lockers and Cubbies. Lockers and Cubbies are provided solely for the benefit and convenience of the participants. The Studio will remove any articles left in a locker or cubbie overnight.
- Pets and Bicycles. Pets and bicycles are not permitted in the Studio unless approved beforehand.
- Dress Code. Proper athletic attire is required. The Studio reserves the right to make the final determination in its sole discretion with regard to appropriate attire. Purchaser agrees to wear non-slip socks to all classes.
- Independent Contractors. From time to time, the Studio may make the services of independent contractors available to Purchaser and his or her guests. The Studio does not warrant or guarantee the quality of these services.
- Guest Rules. Guests are permitted in the Studio, but only pursuant to such rules, fees and schedules as then may be in effect. All guests must register at the front desk and sign the Studio’s standard release agreement.
- Special Events. The Studio may from time to time reserve the use of its facilities for special events, competitions and private functions.
- Change in Operating Hours/Temporary Closing of Studio. As a result of repair, maintenance, special occasions, or act of God, the Studio may be required to restrict the use or temporarily close its facilities or activities from time to time. Hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at the Studio’s discretion.
- Children’s Use. All children under 18 years of age must be accompanied by a parent at all times within the Studio unless they are in a supervised activity. Children under age 13 are not permitted in any Studio facility without the express permission of Studio management. The Minor Waiver must be signed by the parent (purchaser) in order for the child to participate in class.
SECTION 5: MISCELLANEOUS
- Non-Discrimination. The Studio will not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry in considering applications for, or have taken other action in connection with, entrance in the Studio.
- Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.
- Enforcement. If any provision of these Terms and Conditions of Purchase is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
- Governing Law; Jurisdiction. This agreement shall be governed in all respects by the substantive law of the State of Texas, without regard to its conflict of law principles. Purchaser hereby unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in Texas, Texas for any actions, suits or proceedings arising out of or relating to this agreement.
- Entire Agreement. These Terms and Conditions of Purchase and all rules and regulations of the Studio, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to the subject matter hereof. This agreement may be modified only by an instrument in writing and only by the Studio.