As used herein throughout this Agreement:
1.1 Agreement means the entire content of this Basic Terms and Conditions document, together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.
1.2 Member means the undersigned individual or individuals who hereby agree to join The Way as a monthly subscriber to the services and membership benefits on the terms and conditions hereunder.
1.3 Membership means the Member’s subscription to services and membership benefits of The Way on the terms and conditions hereunder.
1.4 Membership Fee means the monthly membership subscription dues paid in full as outlined hereunder.
1.5 Visit means a single scheduled visit at The Way by Member.
1.6 Effective Date means the date on which the terms and conditions as set forth herein become effective between the parties by Member’s signature to execute this Agreement.
2. Fees and Payment
2.1 Payment Card. You agree that as a condition of your Membership at The Way, you will provide The Way with a credit card or debit card (“Payment Card”) and that you authorize The Way to use this Payment Card to collect all fees due hereunder when you enroll in any Membership and prior to each subsequent periodic charge for Membership Fees and all other applicable dues hereunder on a recurring basis. By providing your Payment Card information, you represent that you are authorized to incur charges against the Payment Card. The Payment Card or form of payment cannot be changed or altered unless all amounts due under the terms have been paid in full or otherwise agreed to by the parties in writing.
2.2 Recurring payment. You agree that as a condition of your continued Membership at The Way, you authorize The Way to charge your Payment Card the monthly Membership Fee (plus any applicable taxes), in effect from time to time and which may change, on each monthly periodic anniversary date of your Membership, recurring until your Membership is canceled, as set forth in Section 4.2 below. For example, if your monthly Membership began on May 18, your periodic anniversary date is the 18th of each month, and your Payment Card will be charged for the Membership Fee on that date each month. If your monthly periodic anniversary date falls on a date that is not contained in your anniversary month (for example, if your paid Membership started on the 31st day of a month), your Payment Card will be charged on the last day of that month. You understand and agree that as a condition of your continued Membership at The Way, any Membership Fees billed or paid are non-refundable. You will not be provided with copies of charge slips evidencing the recurring charges of the Membership Fee unless requested. You agree to pay the Membership Fee (plus any applicable taxes) in accordance with your Payment Card issuer agreement, if applicable. You also authorize The Way to charge your Payment Card for any other damages you may incur associated with your monthly Membership.
2.3 Pending charges. In order to verify your billing address and the validity of your Payment Card, temporary pending charges may be charged on your Payment Card, lasting typically 3 to 7 days in length, and will not be converted into an actual charge to you on your Payment Card. Pending charges, while pending, will, however, reduce the amount of available credit on your Payment Card. You also authorize The Way to charge your Payment Card for any other charges you may incur in association with your Membership or the redemption of additional services, Visits, or products at The Way if applicable.
2.4 Annual Payment. Members have the option of paying for an entire 12-month term (rather than monthly billing) upon signing this Agreement, and will pay their 12-month term in full by VISA©, MASTERCARD©, or AMERICAN EXPRESS© credit card, or VISA or MASTERCARD check card (check card must bear the VISA or MASTERCARD logo). Upon the completion of the initial 12-month term, Member may choose to provide payment as stated in sections 2.1 and 2.2 for monthly billing, or remit payment in full for an additional 12-month term. Annual payments made to The Way for Memberships are non-refundable. If a Membership is paid in full by the Member’s employer, the employer holds the right to the Membership account in the event the Member is no longer employed by said company, for any reason, through the end of the paid term.
2.5 Fees. You are solely responsible for any and all fees charged to your Payment Card by the issuer, bank or financial institution including, but not limited to, Membership, overdraft, insufficient funds and over the credit limit fees. Cash or check will not be accepted for monthly Membership billing. You agree to pay a $20.00 fee for any returned check or debit problems, such as insufficient funds, closed accounts, frozen or declined credit or similar circumstances. Any unpaid balances for Membership Fees, goods or services past thirty (30) days may result in automatic suspension of Membership privileges. Member is obligated to pay any collection and/or legal costs incurred by The Way for collection. The Way reserves the right to charge balances and overdue balances to the current Payment Card.
2.6 Expiration date and refusal of charges. If your Payment Card reaches its expiration date, your failure to cancel your Membership constitutes authorization for The Way to continue billing that Payment Card. If your Payment Card for any reason will not accept charges for any periodic Membership Fee, your Membership will be immediately suspended until payment is collected. For the 60 days immediately following the suspension day, The Way may attempt to charge the Payment Card the periodic Membership Fee every 10 days. If the charge is accepted, your Membership benefits will be reinstated as of the date the charge was accepted. In order for your Membership to be reinstated, you must make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information by contacting The Way. If The Way is able to charge your Payment Card (existing or new, if you have provided new Payment Card information) and all past due Membership Fees are paid, then your Membership benefits will continue uninterrupted and this Payment Card will be used to charge the applicable periodic Membership Fee for each consecutive renewal period until your Membership is canceled (your original anniversary date will still apply) and will be your Payment Card for all purposes at The Way unless otherwise agreed upon. If The Way is unable to charge your Payment Card (existing or new) for 3 consecutive billing dates, your Membership will be terminated and you will not be able to enjoy your Membership benefits or any associated perks at The Way. If The Way terminates your Membership, you will remain liable for all unpaid dues (including any Membership Fees and all other charges against your account). If your Membership is terminated by The Way, you will not receive a refund on any amounts paid.
2.7 Default. If you default on any payment due under this Agreement, The Way may declare any or all of the future payments to be made under this Agreement immediately due and payable.
3. Freeze Policy
The Way allows a Member in good standing to temporarily suspend his or her Membership upon request at least 10 days before the next billing cycle to begin the freeze under the following terms (i) once every 12 months; (ii) for a minimum of 1 month and a maximum of 3 consecutive months; (iii) no pro rata months; and (iv) for a fee of $15.00 per month. Members who have temporarily frozen their Membership under this policy shall not have access to use any of The Way’s facilities. Once the freeze ends, Member rate shall continue at the same rate immediately prior to the freeze, although date for Membership Fees may change to a new date based on the number of days the Membership was frozen. The fee for freezing Membership is not applicable toward The Way or any cancellation fees and is non-refundable. Members may still visit The Way on a purchase-per-visit basis; Membership perks will not apply on these visits. A Membership freeze cannot begin prior to The Way receiving written notice from the Member stating his or her intent to freeze and the intended duration of the freeze; an end-freeze date is required at the time of the request.
4. Terms and Termination
4.1 Term. This agreement shall commence upon the Effective Date and shall remain effective until Member cancels Membership as outlined in Section 4.2 below. YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT IS A RECURRING MONTH-TO-MONTH AGREEMENT (“MEMBERSHIP”). Your Membership access applies only to regularly scheduled Visits. Visits may include additional costs outside of Membership Fees as outlined in Schedule A: Membership Fees. Membership Fees are based on a month-to-month subscription basis, and are in no way adjusted based on your actual visits or usage of services at The Way.
4.2 Cancellation Policy. Members may terminate Membership effective at the end the current month prior to the next periodic monthly anniversary of the Membership by providing written notice to The Way on or before the 15th day of the month in order for the Membership to terminate at the end of that month. If Member provides written notice after the 15th day of the month, then the Membership will terminate at the end of the following month. To terminate your Membership, please contact The Way directly. There are no refunds for any time period (or portions thereof) already billed or paid for.
4.3 Suspension/Termination. The Way may suspend or terminate your Membership at any time for any breach of this Agreement or for any other reason by giving you written or oral notice of such termination, with or without cause. If The Way terminates your Membership, you will remain liable for all unpaid dues (including any Membership Fees and all other charges against your account). If your Membership is terminated by The Way, you will not receive a refund on any amounts paid on your Membership.
If a Member is under 18 years of age at the date the terms and conditions of this Agreement are accepted, a Co-signer is required. As The Way would not have agreed to enter into this Agreement without the promises of the Co-signer, the Co-signer promises to pay all amounts due to The Way under this Agreement when due, and to maintain and perform all the Member’s promises and agreements on behalf of Member. The Co-signer’s promises and agreements are joint and several with the Member’s promises and agreements. If more than one person signs this Agreement as Co-signer, the promises are both joint and several.
6. Changes to Policies, Facilities and Membership
The Way may introduce new facilities or Memberships from time to time, which may be available for an additional fee. The Way may publish and amend policies and regulations for the facilities, or modify its Membership or Membership Fees from time to time and for any reason. You acknowledge that The Way may change Membership Fees at any time with a 30-day written notice to Membership holders of any changes to the periodic Membership Fees. You agree that, unless you cancel your applicable Membership prior to the effective date of the change, you will be charged the new applicable periodic Membership Fee (plus any applicable taxes) on a month-to-month basis for each periodic anniversary date after the effective date of such charge, and you authorize The Way to charge the new Membership Fee (plus any applicable taxes) to your Payment Card. The Way reserves the right to suspend, modify or end the Membership without any prior notice, in its sole discretion. You agree that Membership at The Way does not involve an extension of credit or retail installment sale since The Way does not impose a finance charge and you may cancel Membership at any time. Void where prohibited.
7. Hours of Operation
From time to time, The Way may make reasonable changes to the days and hours which our facilities are open for business. You understand that The Way will be busier at some times than others on different days of the week, and that your scheduled Visits does not guarantee immediate service at your scheduled time under such circumstances. You agree that any delays as a result of such circumstances shall not entitle you to any refund of your Membership Fee or any other charges in association with your Visit or the sale of products where applicable.
8. Service Details and Requirements
8.1 Professional certification requirements. To the best of The Way’s knowledge, only professional therapists who comply with state, city, and/or local licensing or certification requirements are hired by The Way. Please ask The Way if you would like to see a particular therapist’s license or certification.
8.2 Safety. By use of services and facilities at The Way, you agree to abide by all posted safety rules. You understand that it is your responsibility and obligation to advise your therapist of any pre-existing conditions, limitations, or specific sensitivities, including pregnancy, which may prevent you from receiving certain services. You are required to inform your therapist if at any time during your Visit you experience any pain or discomfort.
8.3 Service session. Modest draping will be used during each of your services where applicable. If you experience any discomfort or pain or are otherwise uncomfortable for any reason during a Visit, you agree to immediately ask the therapist to adjust the manipulation, draping, pressure, heat, or environment (or, if you prefer, you can ask the therapist to end the service at any time). If the therapist is unable to reasonably relieve your discomfort after your request for an adjustment, you will inform the therapist to terminate the service immediately. If you have any concerns about your therapist, you agree to bring it to the attention of The Way immediately following your service. Inappropriate or illegal conduct will not be tolerated by The Way in any manner. The Way, in its sole discretion, may refuse or discontinue a service if it determines such service may be unsafe or cause discomfort for you or if you engage in any inappropriate conduct as determined by The Way in its sole discretion.
9. Dress Code and Hygiene
Proper hygiene and attire is required for your safety and the safety of others. No dirty clothing or shoes are permitted in the fitness or service areas. At the sole discretion of The Way, you may be prevented in participating in a service or class if proper dress code and hygiene is not observed.
10.1 You understand that your use of the services and facilities of The Way will be undertaken at your sole risk, and that no part of the services or products offered by The Way should be considered or used as a substitute for medical advice, diagnosis or treatment. You are encouraged to always consult with your healthcare provider for diagnosis and treatment, including your specific medical needs. No part of the services or products offered by The Way represents or warrants that any particular service or product is safe, appropriate or effective for you. We advise Members to always seek the advice of a physician or qualified health care provider with any questions regarding personal health or medical conditions. If you suspect that you may have a medical problem or condition, please contact a qualified healthcare professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
10.2 You agree that you are voluntarily participating in activities and services, and the use of the facilities and premises (including the parking lot) and you assume all risk of injury, illness, damage or loss to you or your property that may result, including, without limitation, any loss or theft of any personal property. Members are encouraged to keep valuables with them at all times when using the facilities. Lockers or storage spaces may be offered, and are done so without representation that they will be effective in protecting valuables.
10.3 You agree that The Way, its officers, directors, employees, and agents will not be liable for any claims, demands, injuries, damages, actions or causes of actions whatsoever in respect of you or your property (including lost or damaged personal possessions), arising out of or connected with the use of any of the services and/or facilities of The Way. You expressly release and discharge The Way, its officers, directors, employees, and agents from all such claims, demands, injuries, damages, actions or cause of action, notwithstanding any negligence on the part of one or more of them.
11. Governing Law and Dispute Resolution
11.1 Governing Law. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the State of Arizona without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction.
11.2 Dispute Resolution. In the event of a dispute arising out of or relating to this Agreement, brochures, or any other literature concerning the Membership, or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be subject to the following conditions: (i) the parties agree they will attempt in good faith to settle any and all disputes arising out of, under or in connect with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process mutually agreed to by both parties; (ii) in the event that a mutually agreed upon process fails to resolve the issue, the parties agree to resolve the issue through mediation in Arizona under the supervision of a mutually agreed upon mediator; (iii) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to resolve the issue by binding arbitration through the American Arbitration Association, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
11.3 This Agreement does not waive or modify any liability release agreed by the Member. Neither The Way nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to punitive damages.
11.4 All parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than arbitration, the parties waive any right to a jury trial. You also agree that you or The Way may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.
12.1 Non-Waiver. No waiver of any provision in this Agreement shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver.
12.2 Assignment. The Way may assign this Agreement, and, provided that the assignee agrees to assume the obligations of The Way in this Agreement, then The Way will be fully relieved of those obligations upon notice to you of the assignment. You understand that you may not assign your Membership to another individual or entity.
12.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision may be replaced by a valid or enforceable provision.
12.4 Entire Agreement and Definition. This document incorporates the entire Agreement between Members and The Way. The Way reserves the right to modify this Agreement from time to time. There are no representations, warranties, terms, conditions, undertakings or collateral agreements express, implied or statutory, between us except as specified in this agreement.