Life Time
Digital Membership Terms

1. How this Agreement Works
   • Terms and Conditions. By (a) accepting these terms, (b) visiting, accessing, downloading, installing or using any part of the Services, including through any of our websites or mobile applications, (c) registering for an account or membership number with Life Time Digital (an “Account”), (d) acquiring rights to use the Services based on your Life Time Access Membership (see “Life Time Access Membership” below) or (e) clicking “continue,” “login,” “accept” or other similar button or checkbox when using the Services, you expressly accept, agree, and consent to the terms and conditions of this Agreement and your Life Time Digital Membership begins. Your purchase and use of the Services, and Life Time Digital’s provision of any part of the Services to you, constitutes an agreement between Life Time Digital, LLC and you to be bound by and to comply with these Terms. If you do not agree to these Terms or you are not eligible, you must not access or use any portion of the Services and you do not have our permission to use the Services. Your sole remedy is to discontinue your use of the Services.
   • Additional Terms. To the extent Life Time Digital provides you notice of different or additional terms or practices, those additional terms will govern your use of the Services.
   • Privacy. By visiting, accessing, or using any portion of the Services, you accept the practices described in Life Time Digital’s Privacy Policy (available at https://my.lifetime.life/policy/privacy-policy.html). Please read this Privacy Policy carefully as it details how we collect, use, store and disclose your personal information. For California residents, please review https://my.lifetime.life/policy/ca-privacy-policy.html for information about our privacy practices, including the information we collect and your rights relating to your information.
   • Eligibility. You understand and agree that you and your Additional Members, if any, must meet all eligibility, documentary and other requirements of Life Time Digital concerning Members and Membership types, including without limitation requirements related to age, residential living arrangement, familial/guardianship status, or other qualification that controls whether a person may be a Member, including without limitation a Junior or Additional Member, under a particular Membership.  See Section 4, “Life Time Digital Membership” below for additional details.
     • The Services are currently only being offered in the United States and Canada. We reserve the right to only offer the Services within certain geographic locations and/or according to certain other criteria as we may determine from time to time in our sole discretion.
     • You may only register for a Life Time Digital Membership to use the Services if you are at least eighteen (18) years of age. If you are under eighteen (18) years of age, your parent or legal guardian must add you to his or her Life Time Digital Membership and thereby agree to this Agreement on your behalf and you may only use the Services under their direct supervision. By agreeing to these Terms, you represent and warrant to Life Time Digital that at all times: (a) you are at least eighteen (18) years of age; (b) you are a resident of the United States or Canada; (c) you have not previously been suspended or removed from the Services; (d) you have full power and authority to enter into these Terms and in doing so you will not violate any other agreement to which you are a party; and (e) your registration and your access and use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that he or she has authority to bind you to these Terms and you agree to be bound by these Terms. Life Time Digital may in its sole discretion refuse a Life Time Digital Membership or to offer the Services to any person or entity and change the eligibility criteria at any time.
     • If you are the parent or legal guardian of a Minor Member, you acknowledge and represent to Life Time Digital that you have the right and authority to make decisions concerning the care, custody and control of each Minor Member, including but not limited to the right and authority to agree to these Terms on the Minor Member’s behalf. By agreeing to these Terms, you are binding yourself and each Minor Member to its terms, including but not limited to the ASSUMPTION OF RISK AND WAIVER OF LIABILITY, INDEMNIFICATION, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER and HEALTH AND SAFETY provisions.
   • Updates. Life Time Digital may update or modify this Agreement or any other applicable contract or policy at any time without notice. Such modification will become effective immediately upon either posting of the modified agreement or Life Time Digital’s notification to users. You may locate the most current version of this Agreement at https://www.lifetime.life/policy/digital-membership-terms.html. We may but are not obligated, in our sole discretion, to require that you accept any modified Terms (e.g., by clicking “I Accept” or other similar button) in order to continue using the Services. It is important that you review the Terms whenever we update them before you use the Services. By continuing to access or use the Services after we have posted or otherwise notified you of updated Terms, you are agreeing to accept and be bound by the updated Terms and all of the terms incorporated therein by reference.
   • Modification and Termination. Life Time Digital operates in its sole and complete discretion all matters related to the Services and its members and memberships, including but not limited to membership levels and types, prices, dues, fees, promotions, equipment, services, products, programs, mobile applications, activities, classes, sessions, seminars, workshops, assessments, events, amenities or benefits, all of which are subject to change at any time without notice for any reason, including changes to features, content, functionality, or software. Life Time Digital may suspend all or any portion of the Services, including for periodic maintenance, equipment malfunctions or causes beyond Life Time Digital’s control. The availability of content and services, as well as access points and compatible devices through which the Services are available, will change from time to time without notice. Life Time Digital may also terminate or suspend the Services or your Life Time Digital Membership in part or in their entirety. You understand that Life Time Digital’s right to make these changes may affect your access to, use of, or participation in its Services or products. Life Time Digital is not liable for any such modification, suspension, or termination of the Services or your Life Time Digital Membership and you will not be entitled to a refund of any amounts that you have already paid, to the fullest extent permitted by applicable law.
2. ASSUMPTION OF RISK, WAIVER OF LIABILITY, and INDEMNIFICATION OBLIGATIONS
   • ASSUMPTION OF RISK.
     • Risks. The dangers, hazards, and risks of injury or damage in the use of the Services (“Risks”) may include but are not limited to (1) slips, trips, collisions, falls, and loss of footing or balance, including “slip and falls” or other injuries during work outs including with respect to fitness equipment; (2) failure, malfunction, delay or other performance issue with respect to the Services, including without limitation any causes beyond Life Time Digital’s reasonable control, such as a pandemic or epidemic, a governmental authority action, and act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, uprising, earthquake, flood or other such natural or human condition; (4) loss, theft, breach, misuse or unauthorized use of property or information, including without limitation User Content; and (5) other accidents or incidents that may result in Injury or damage.
     • Injuries. Such injuries or damages may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property, data, privacy, information or other types of injuries or damages (“Injuries”), including but not limited to (1) death; (2) paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration, concussions, hearing loss, torn or damaged muscles or ligaments, broken bones, allergic reactions, burns, sprains, bruises and scrapes; (3) aggravation of pre-existing injuries or medical conditions; (4) pain and suffering; (5) loss of consortium, love, affection, comfort, companionship, or care; (6) emotional distress, embarrassment, humiliation, or shock; (7) lost wages or lost earning capacity; (8) lost, stolen, misused, breached, or damaged property, data, privacy or information; and (9) any other disability, impairment, incapacity, injury or damage.
     • YOU UNDERSTAND THAT THE RISKS OF INJURIES OR DAMAGES MAY BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF LIFE TIME, YOU, MINOR MEMBER(S), OTHER MEMBER(S), AND/OR OTHER PERSONS. YOU FULLY UNDERSTAND AND EXPRESSLY ASSUME AND ACCEPT THESE DANGERS, HAZARDS, AND RISKS OF INJURIES OR DAMAGES AND CHOOSE TO VOLUNTARILY ACCESS AND USE THE SERVICES AT YOUR OWN RISK.
   • WAIVER OF LIABILITY. ON BEHALF OF YOURSELF AND YOUR SPOUSE/PARTNER, CHILDREN/MINOR MEMBERS, OTHER MEMBERS, PARENTS, GUARDIANS, HEIRS, NEXT OF KIN, PERSONAL REPRESENTATIVES, HEIRS AND ASSIGNS, YOU HEREBY VOLUNTARILY AND FOREVER RELEASE AND DISCHARGE LIFE TIME DIGITAL AND ITS AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, EQUITYHOLDERS, PARTNERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS AND LICENSORS (COLLECTIVELY, THE “LIFE TIME DIGITAL PARTIES”) FROM, COVENANT AND AGREE NOT TO SUE ANY LIFE TIME DIGITAL PARTIES FOR, AND WAIVE, ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DEBTS, DAMAGES, LOSSES, COSTS, FEES, EXPENSES, PENALTIES, AWARDS, JUDGMENTS OR ANY OTHER ALLEGED LIABILITIES OR OBLIGATIONS OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN (COLLECTIVELY, “CLAIMS”) RELATED IN ANY WAY TO THE USE OR PROVISION OF OR ACCESS TO THE SERVICES CAUSED BY ANY NEGLIGENCE OF LIFE TIME, YOU, ANY MINOR MEMBER(S), ANY OTHER MEMBER(S), AND/OR ANY OTHER PERSON AND, IF IN CANADA, ANY BREACH BY ANY LIFE TIME PARTIES OF THE OCCUPIERS’ LIABILITY ACT (ONTARIO) (COLLECTIVELY, “NEGLIGENCE CLAIMS”).
     
     You understand that such NEGLIGENCE CLAIMS could include but are not limited to Life Time Digital’s (1) negligent design, repair, maintenance, operation, supervision, monitoring, or provision of the Services; (2) negligent failure to warn of or remove a hazardous, unsafe, dangerous or defective condition; (3) negligent failure to facilitate or provide emergency care; (4) negligent hiring, selection, training, instruction, certification, supervision or retention of employees, independent contractors or volunteers; (5) negligent collection, use, disclosure or storage of personal, sensitive or other information (including negligent failure to implement or maintain information or cyber security controls); or (6) other negligent act(s) or omission(s).
   • IT IS FURTHER UNDERSTOOD AND AGREED THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED. SECTION 1542 READS AS FOLLOWS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
   • INDEMNIFICATION. ON BEHALF OF YOURSELF AND YOUR SPOUSE/PARTNER, CHILDREN/MINOR MEMBER(S), OTHER MEMBER(S), PARENTS, GUARDIANS, HEIRS, NEXT OF KIN, PERSONAL REPRESENTATIVES, HEIRS AND ASSIGNS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE LIFE TIME DIGITAL PARTIES FROM AND AGAINST ANY AND ALL CLAIMS (AS DEFINED ABOVE), WHETHER BY OR AGAINST ANY LIFE TIME DIGITAL PARTY OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO ANY OTHER MEMBER, ANY FAMILY MEMBER WHO IS NOT A LIFE TIME DIGITAL MEMBER, OR ANY OTHER PERSON OR ENTITY), CAUSED BY, ARISING FROM, RELATING TO OR RESULTING FROM, WHETHER DIRECTLY OR INDIRECTLY, (A) YOUR OR AN ADDITIONAL MEMBER’S VIOLATION OF THIS AGREEMENT OR ANY REPRESENTATION, WARRANTY, OR AGREEMENT REFERENCED IN THESE TERMS, OR ANY APPLICABLE LAW, RULE OR REGULATION, (B) ACCESS TO OR USE OF THE SERVICES OR YOUR ACCOUNT BY YOU OR AN ADDITIONAL MEMBER OR ANY THIRD PARTY ON YOUR BEHALF, OR ANY FAILURE TO SAFEGUARD YOUR OR THEIR ACCOUNT INFORMATION; (C) THE USER CONTENT YOU OR AN ADDITIONAL MEMBER MAKE AVAILABLE VIA THE SERVICES BY ANY MEANS, INCLUDING WITHOUT LIMITATION THROUGH A POSTING, A LINK, REFERENCE TO USER CONTENT, OR OTHERWISE, (D) VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, OTHER PROPERTY OR PRIVACY RIGHT OR ANY OTHER THIRD-PARTY RIGHT BY YOU OR AN ADDITIONAL MEMBER; (E) ANY FEEDBACK YOU PROVIDE; AND (F) ANY DISPUTE OR ISSUE BETWEEN YOU AND ANY OTHER PARTY.
     • You agree to promptly notify Life Time Digital of any third-party claim, cooperate with Life Time Digital and its affiliates in defending such claim and pay all fees, costs and expenses associated with defending such claim (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that Life Time Digital or its designee shall have control of the defense or settlement of any third-party claims (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Life Time Digital or any of its affiliates.
     • You specifically agree that, if you (on your own behalf or on behalf of another, including an estate) assert any Claim(s) against any Life Time Digital Party and/or breach your agreement not to sue any Life Time Digital Party, you will pay all reasonable fees (including attorneys’ fees), costs and expenses incurred by the Life Time Digital Parties (“Life Time Digital’s Fees and Costs”) to defend the Claim(s) and all other Claims based on the same facts as the Claim(s).
     • Your agreement to defend the Life Time Digital Parties means that you will pay all of Life Time’s Fees and Costs incurred to defend the Claim from the date the Claim is asserted. Your agreement to indemnify and hold the Life Time Digital Parties harmless means that you will pay any settlement, judgment, or other damages, fees or costs of any type incurred by any Life Time Digital Party to resolve the Claim.
3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
   • DISCLAIMER OF WARRANTIES. YOU AND ANY ADDITIONAL MEMBER(S) ARE ACCESSING AND USING THE SERVICES ON AN “AS IS, WHERE IS, AND AS AVAILABLE” BASIS. NO LIFE TIME DIGITAL PARTY IS RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN THE CONTENT OF THE SERVICES OR ANY PARTICULAR FEATURES OR SERVICES OFFERED. NO LIFE TIME DIGITAL PARTY REPRESENTS OR WARRANTS THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, CONTENT, AND SERVICES ON THE SERVICES OR THE ERROR-FREE USE OF THE SERVICES. NO LIFE TIME DIGITAL PARTY IS RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OR SECURITY OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, APPLICATIONS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM ACCESS TO OR USE OF THE SERVICES. LIFE TIME DIGITAL IS PROVIDING THE SERVICES WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING, AND FREEDOM FROM A COMPUTER VIRUS, ERRORS OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
     • Without limiting the foregoing, no Life Time Digital Party makes any representations or warranties: (i) that the Services are or will be permitted in your jurisdiction; (ii) concerning any content included in the User Content; (iii) concerning any third party’s use of User Content that you submit; (iv) concerning any sites or resources outside of the Services, even if linked to from the Services; (v) that the Services will meet your needs; or (vi) that Life Time Digital will continue to support the Services or any particular feature of the Services.
   • LIMITATION OF LIABILITY. IN NO EVENT WILL ANY LIFE TIME DIGITAL PARTY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR LOSS OF DATA, DIMINUTION IN VALUE OF ASSETS, SECURITIES OR BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RESULTING FROM OR IN ANY WAY RELATED TO YOUR OR ANY ADDITIONAL MEMBER’S ACCESS TO OR USE OF THE SERVICES, YOUR OR ANY ADDITIONAL MEMBER’S INABILITY TO USE OR MALFUNCTIONS OF THE SERVICES (INCLUDING WITHOUT LIMITATION INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES OR OTHER MALWARE OR RANSOMWARE, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE), STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
     • IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE LIFE TIME DIGITAL PARTIES (TAKEN TOGETHER) TO YOU AND ANY ADDITIONAL MEMBER(S) FOR ALL CLAIMS (AS DEFINED ABOVE) ARISING OUT OF OR RELATING TO THE ORDER, RECEIPT, PROVISION OR USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE ARISING UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY), IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO LIFE TIME DIGITAL FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; AND (II) $200.
     • Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, exclusion of damages or release is intended to and does allocate the risks between the parties under these Terms. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations will apply even if your remedies hereunder fail of their essential purpose, and the foregoing shall constitute the Life Time Digital Parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in warranty, contract, tort (including negligence), statute, or any other legal or equitable theory.
   • THE LIMITATIONS, EXCLUSIONS, INDEMNIFICATIONS AND DISCLAIMERS IN THESE TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. LIFE TIME DIGITAL DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT IT IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW, AND YOU MAY HAVE GREATER RIGHTS UNDER SUCH APPLICABLE LAWS.
4. Life Time Digital Membership
   • Memberships. Your benefits of a membership to the Services (“Life Time Digital Membership”) may be for yourself, or may be for yourself as Primary Member and any named Additional Members on your Account, whether such member configuration remains the same or is subsequently changed. The Life Time Digital Membership affords you and any Additional Member(s) general access to the Services. If you already have a Life Time Access Membership (see “Life Time Access Membership” below), Life Time Digital will set up your Life Time Digital Membership with the same Primary Member and the same Additional Member(s), if any.
   • Members. The following categories of persons are or may become members under this Agreement (collectively, the “Members”).
     • Primary Member. The initial Primary Member as designated on your Account is the primary party responsible for compliance with this Agreement (the “Primary Member”). You may change your status as Primary Member, including designating your Partner as Primary Member, pursuant to this Agreement.
     • Additional Members. The Primary Member may add or remove individual(s) as additional members (“Additional Members”) pursuant to this Agreement on your Account. Once an Additional Member reaches a certain age or no longer meets a particular qualification as set forth in this Agreement, the Additional Member may be required to purchase his or her own Life Time Digital Membership (or Life Time Access Membership). Life Time Digital Memberships are only permitted to have one Additional Member over the age of 26. The categories of persons who are or may be identified as Additional Members under this Agreement are:
       • Partner Member. The Primary Member’s partner may be an Additional Member (“Partner” or “Partner Member”). The Partner agrees to be jointly and severally liable for all obligations associated with the Life Time Digital Membership and may exercise the same rights as the Primary Member with respect to the Life Time Digital Membership.
       • Minor Members. The Primary Member is the parent, legal guardian or an authorized adult of each Additional Member who is a minor child (“Minor Member”) and, as such, has the right and authority to make decisions concerning the care, custody and control, including the right to agree to this Agreement, with respect to and on behalf of each Minor Member. Minor Members under the age of 14 are Junior Members (“Junior Members”). Once a Junior Member reaches the age of 14, he or she is no longer considered a Junior Member.
     • Multi-Member Digital Memberships, such as a Life Time Digital 1, Life Time Digital 2, Life Time Digital 3 or Life Time Digital 4+, afford Members access to the Services based on the prevailing monthly membership dues rates required to access and use the Services. Life Time Digital 1, Life Time Digital 2, Life Time Digital 3 or Life Time Digital 4+ Multi-Member Digital Memberships reflect the number of Members over 14 who are included on the Life Time Digital Membership (e.g., Life Time Digital 2 is a membership with 2 individuals over 14 years age who are eligible to join under one Life Time Digital Membership as provided in these Terms).
   • Account For access to the Services, you must establish an Account with Life Time Digital. You will be required to provide us with some information about yourself and any Additional Member(s), such as your name, email address, or other contact information.
     • Passwords and Security. Establishing an Account for the Services may require you to create a username and a password. You agree to maintain the security, confidentiality, and integrity of your username, password, and any other security measures employed on the Services. You may not provide your password or Account credentials to any other person or use any other person’s username and password or name, location or profile. You are responsible for all access to and use of the Services, including all financial transactions, under your username and password, including access or use by any Additional Member, if applicable, whether or not authorized by you. You agree to immediately notify Life Time Digital of any breach of security, including unauthorized use of your username or password, and to immediately take all reasonable steps to prevent its further occurrence, including changing your password. You further understand and agree that Life Time Digital may take actions it deems reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your Account.
     • Accuracy of Personal Information. You represent and warrant that all information provided to Life Time Digital is current, accurate, complete and truthful, including all initial or updated registration or membership information, such as the legal name, street address, email address, telephone number, and financial transaction account information related to you or any Additional Member(s).
   • Dues and/or Fees. You agree to pay the monthly dues specified when you purchased or acquired rights to your Life Time Digital Membership (plus any applicable taxes and other charges). Life Time Digital’s dues, fees, costs and other charges (collectively, “Dues and/or Fees”) are subject to change at any time in Life Time Digital’s sole discretion. The amount you pay for base dues before tax (“Base Dues”) affords the Members access to the Services only. You understand that any inability by any Member(s) to access all or any portion of the Services, including due to Life Time Digital’s inability to provide access or decision to not provide access for any reason, or any change in any of the Services does not impact your obligation to pay Dues and/or Fees. In addition to other remedies, including termination, suspension or other restrictions on the Life Time Digital Membership, Life Time Digital may restrict access to the Services if any Member violates the terms of this Agreement or any other agreement(s) for additional products or services from Life Time Digital or any of its affiliates, including any failure to timely pay any amount due to Life Time Digital or any of its affiliates, including any failure to pay for your Life Time Access Membership, if any.
     • You agree, promise and are responsible to pay any and all financial obligations, including all Dues and/or Fees, owed to Life Time Digital with respect to the entire Life Time Digital Membership or any other services and products purchased by you or any Additional Member (collectively, “Financial Obligations”).
     • Life Time Digital maintains a listing of Dues and/or Fees online at my.lifetime.life (the “Fee Schedule”). You affirm you have reviewed the Fee Schedule prior to agreeing to these Terms. If you have a Life Time Access Membership that is active and in good standing, you will not be charged any Membership Dues for the Life Time Digital Membership at this time, which is subject to change at any time in Life Time Digital’s sole discretion. Notwithstanding the foregoing, and except as otherwise set forth in this Agreement, you understand and agree that Life Time Digital reserves the right to update the Fee Schedule at any time without notice. You agree that you remain obligated to pay the applicable Dues and/or Fees, even if such Dues and/or Fees are increased after your agreement to these Terms.
     • You agree to pay on the date of your enrollment in the Life Time Digital Membership any joining fees and any initial membership dues applicable to your Life Time Digital Membership. Membership dues consist of all dues applicable to the Life Time Digital Membership, including without limitation Base Dues, or other applicable dues (“Membership Dues” or “Monthly Payments”). Membership Dues are due and payable from the Monthly Payment Method (as defined below) in advance on the first of each month that this Life Time Digital Membership remains in effect.
     • Life Time Digital charges certain fees for failure to satisfy Financial Obligations as set forth in this Agreement, including without limitation, a late fee if you fail to timely pay Financial Obligations and an invalid payment fee if you submit an invalid payment instrument, such as a dishonored check or a declined or returned charge or debit (whether for insufficient funds or any other reason) (collectively, the “Payment-Related Fees”). Life Time Digital’s current Payment-Related Fees may be found online on Life Time Digital’s Fee Schedule at my.lifetime.life. Life Time Digital may resubmit all returned items, including declined or returned credit or debit card Transactions, multiple times in an effort to collect outstanding amounts, including during and after termination of your Life Time Digital Membership. Further, if you fail to pay any amount to Life Time Digital when due, you are responsible for all costs of collection incurred by Life Time Digital, including attorneys’ fees.
     • Life Time Digital may assess service-related and other fees, including without limitation fees to make changes to your Life Time Digital Membership, or fees for any other separate services or products such as personal training, custom workouts, group fitness, or kids programs (collectively, the “Service-Related Fees”). Life Time Digital’s current Service-Related Fees may be found online on Life Time Digital’s Fee Schedule at my.lifetime.life or in separate agreements for the purchase of such services.
       • To receive individualized services such as one-on-one personal training and small group fitness classes, you must enter into a fitness services agreement and pay a separate fee. Additional information about these individualized services is available on Life Time’s website at my.lifetime.life.
   • Payment Authorizations. You agree to pay all Financial Obligations with your Monthly Payment Method or such other payment method accepted or permitted by Life Time Digital. You authorize Life Time Digital or its agents to automatically and without notice charge or debit, as applicable, your Monthly Payment Method or such other payment method accepted or permitted by Life Time Digital to pay Financial Obligations. You understand and agree that certain of such Financial Obligations are recurring charges or debits that do not vary in amount and, as a result, no further notice is required for Life Time Digital or its agents to charge or debit such amounts to or from your Monthly Payment Method or such other payment method accepted or permitted by Life Time Digital. The payment and processing of Financial Obligations with your Monthly Payment Method or other payment method is referred to individually in this Agreement as a “Transaction” and collectively as “Transactions.”
     • You represent and warrant that you are an authorized account holder of any financial transaction account which you provide to Life Time Digital for payment of Membership Dues or other Transactions.
     • Monthly Payment Method. The credit or debit card or other financial account designated in the Account, as may be subsequently updated, is a valid financial account that may be charged or debited by Life Time Digital or its agents to pay amounts due to Life Time Digital (“Monthly Payment Method”) as follows:
       • Recurring Charges. You authorize Life Time Digital or its agents on or about the first of each month (or on another date selected, as permitted by Life Time Digital) to automatically and without notice charge or debit, as applicable, your Monthly Payment Method, your Club Tab (or, if such method is invalid or inaccessible for any reason, any Club Tab Account or Other Payment Account) to pay in advance recurring Financial Obligations, including, without limitation, Membership Dues, recurring Service-Related Fees, and any and all other recurring amounts, fees, costs or other charges due to Life Time Digital. You understand and agree that such Financial Obligations are recurring charges or debits that do not vary in amount and, as a result, no further notice is required for Life Time Digital or its agents to charge or debit such amounts to or from your Monthly Payment Method.
       • Non-Recurring Charges. You further authorize Life Time Digital or its agents to automatically and without notice charge or debit, as applicable, your Monthly Payment Method (or, if such method is invalid or inaccessible for any reason, any Club Tab Account or Other Payment Account) to pay Financial Obligations that are non-recurring, including, without limitation, any joining fees, initial Membership Dues, Payment-Related Fees and non-recurring Service-Related Fees, and any and all other non-recurring amounts, fees, costs or other charges due to Life Time Digital.
     • Club Tab Account. Club Tab (“Club Tab”) is a service pursuant to which you and any authorized Additional Members permitted by Life Time (each, a “Member Authorized to Use Card on File” or “Authorized Member”) may purchase certain services or products from Life Time Digital using the credit or debit card(s) designated above or subsequently updated as the Club Tab card(s) associated with your membership (“Club Tab Account”). An Authorized Member may purchase services or products by presenting his or her name, membership card (if any), or telephone number at the point of sale, requesting that the Club Tab Account be used as payment method for the services or products.
       
       In consideration for using Club Tab, you certify that you are the cardholder of the Club Tab Account, you are authorized to allow charges to that card, and you authorize each Authorized Member to purchase services or products as permitted by Life Time Digital in any amount at any time using the Club Tab Account. You will pay and specifically authorize Life Time Digital or its agents to use the Club Tab Account as the payment method for purchases made by an Authorized Member until such time as your written request to revoke or terminate such authorization has been processed by Life Time Digital. You may opt-out of Club Tab at any time online at my.lifetime.life under “Account.”
     • Other Payment Accounts. If in the future Life Time Digital decides to expand or alter the acceptable forms, types or methods of payments or payment accounts (e.g., Apple Pay or PayPal) (an “Other Payment Account”), you understand that you may have to comply with additional rules and requirements, including recurring authorization requirements, applicable to such Other Payment Account.
     • Updating Payment Accounts. You must designate and maintain at all times your Life Time Digital Membership remains in effect a valid payment card or other financial account on file with Life Time Digital as your Monthly Payment Method. You may voluntarily change your designated Monthly Payment Method and/or any designated Club Tab Account during the term of your Membership online at my.lifetime.life under “Account.” You agree to notify Life Time Digital in writing of any change in your account or card information, such as an expired or re-issued card, at least fifteen (15) days prior to the final business day of the month. You also authorize Life Time Digital to obtain updated account information, when available, directly from your financial institution or through other available means.
   • Payment Related Terms.
     • Dues and/or Fees are Non-Refundable. You understand that all Dues and/or Fees are non-refundable unless explicitly stated in this Agreement and that they are fully earned upon payment.
     • Dues and/or Fees May be Increased. You agree that Life Time Digital may change the amounts and terms of payment in Life Time Digital’s sole and absolute discretion, including without limitation increasing Dues and/or Fees at any time. With respect to Membership Dues, Life Time Digital will provide advance notice of increases in excess of 5% in a calendar year. You agree that notice is not necessary and hereby waive any advance notice of any increase of Membership Dues in an amount that is less than 5% in a calendar year, as any such increase would be in an amount reasonably anticipated by you and Life Time Digital. You agree that continued payment for, or use of, the Life Time Digital Membership by any Member constitutes agreement to any new or increased Dues and/or Fees.
     • Waiver of Notice. You also agree to waive written notice of an increase in any amounts charged for any additional products and services purchased from Life Time Digital or other Dues and/or Fees that Life Time Digital collects via the Transactions, including its resubmission of declined or returned Transactions during or after termination of the Life Time Digital Membership.
     • Dues and/or Fees May Be Processed Together. You understand that Life Time Digital reserves the right to process Dues and/or Fees together in a single Transaction if such Dues and/or Fees are due and payable.
     • Dues and/or Fees Are Not Dependent on Use. The obligation to pay Dues and/or Fees is not dependent upon usage or availability of, or access to, all or any portion of the Services, including whether access to the Services is denied or otherwise limited or restricted as described herein. In addition, non-access or non-use is not a basis for a refund of any prepaid Dues and/or Fees.
     • Dues and/or Fees Paid by a Third Party. Life Time Digital’s acceptance of payment of some or all Financial Obligations from a third party, including without limitation a parent, legal guardian, employer or insurer, does not relieve or discharge your responsibility for any Financial Obligation under this Agreement. To the extent a third party stops making such payments, you understand that you are responsible for the full amount of Financial Obligations, including any Payment-Related Fees arising from such third party’s failure to make timely payment. A third party’s failure to remit payment on your behalf shall not operate as a defense to or impair your obligations to timely pay all Financial Obligations applicable to your Membership.
     • Unpaid Dues and/or Fees. During any period of suspension or delinquency pending termination of your Life Time Digital Membership for nonpayment, you understand that your obligations under this Agreement and Life Time Digital Membership remain in effect such that you are responsible for payment of Financial Obligations, including, without limitation, Dues and/or Fees. You further understand that if you fail to pay any amount to Life Time Digital when due, you are responsible for all costs of collection incurred by Life Time Digital, including attorneys’ fees.
     • Promotions. Life Time Digital may in its sole discretion offer promotions or discounts related to Life Time Digital Memberships from time to time. These promotional offers, unless made to you or one of your Members, will not apply to your Life Time Digital Membership or these Terms. If we offer you a promotional offer, the specific terms of your promotion will be provided in the materials describing the particular promotion or at registration. Promotions involving free trials are limited to one (1) per household. If your promotional offer provides for a free trial without requiring a paid Life Time Digital Membership, your free access to the Services will automatically cease without any further notice or other obligation to you upon expiration of the applicable free trial period. IF YOUR PROMOTIONAL OFFER PROVIDES FOR A FREE TRIAL IN CONNECTION WITH A PAID LIFE TIME DIGITAL MEMBERSHIP, YOUR MEMBERSHIP DUES BILLING DATE WILL OCCUR UPON EXPIRATION OF THE APPLICABLE FREE TRIAL PERIOD AND WE (OR OUR AGENT) WILL BEGIN BILLING YOUR MONTHLY PAYMENT METHOD ON A RECURRING BASIS FOR YOUR LIFE TIME DIGITAL MEMBERSHIP IN ACCORDANCE WITH THESE TERMS. IF THE TERMS OF YOUR PROMOTIONAL OFFER EXPRESSLY PERMIT YOU TO CANCEL YOUR LIFE TIME DIGITAL MEMBERSHIP PRIOR TO THE END OF YOUR FREE TRIAL, YOU MUST TIMELY CANCEL YOUR LIFE TIME DIGITAL MEMBERSHIP PRIOR TO THE EXPIRATION OF THE APPLICABLE FREE TRIAL PERIOD OR YOU WILL BE CHARGED FOR THE LIFE TIME DIGITAL MEMBERSHIP UPON YOUR MEMBERSHIP DUES BILLING DATE. INSTRUCTIONS FOR CANCELING YOUR LIFE TIME DIGITAL MEMBERSHIP ARE DESCRIBED BELOW. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR LIFE TIME DIGITAL MEMBERSHIP HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.
     • Credit Card Surcharge. Unless otherwise prohibited by law, you understand and acknowledge that Life Time Digital may impose and collect a surcharge each time a Member’s credit card is charged, whether in payment of Membership Dues, Service-Related Fees or any other Financial Obligations, whether recurring or non-recurring. The current surcharge is included on the Fee Schedule, as it may be updated and revised from time to time. Notwithstanding the foregoing, the surcharge amount shall not be greater than Life Time Digital’s actual cost of acceptance of the credit card or any applicable maximum amount, whichever is less. You further understand that debit cards do not incur any surcharge, and that you may change a payment method from a credit card to a debit card at any time online by accessing your member page at my.lifetime.life under “Account” and selecting “Payment Options.”
     • Transaction History. You agree to monitor and review your Monthly Payment Method, any Club Tab Account and Other Payment Account Transactions on your financial account statements and on Life Time Digital’s member website, currently found at my.lifetime.life.
     • Error Resolution Policy Relating to Unauthorized Transactions with Debit Cards. This error resolution policy applies to Transactions where the applicable Club Tab is linked with an underlying debit card.
       • If you do NOT tell us within four (4) business days after you learn of the loss or theft of your Membership number, and we can prove we could have stopped someone from using your Membership number without your permission if you had told us, you understand you could lose as much as $500.
         
         Also, if your statement from your financial institution shows Transactions using your Membership number that you did not make, you will tell us at once. If you do not tell us within 90 days after the account statement was mailed to you by your financial institution, you may not get back any money you lost after the 90 days if we can prove that we could have stopped someone from conducting Unauthorized Transactions if you had told us in time.
         
         For purposes of this “Consumer Liability” subsection, business days are Monday through Friday. Official U.S. federal holidays are not included.
       • Unauthorized Transaction. An “Unauthorized Transaction” is a type of error that occurs when money is debited from the underlying debit card associated with your Club Tab that you did not authorize and that did not benefit you. The use of your Club Tab by any Authorized Member is not an Unauthorized Transaction. If you give someone access to your Membership number or telephone number and they conduct Transactions without your knowledge or permission, you are still responsible for any resulting charges. Such Transactions are not considered Unauthorized Transactions. Unauthorized Transactions do not include disputes, claims, chargebacks, and reversals. You must contact your financial institution with regard to all disputes, claims, chargebacks and reversals.
       • Contact in Event of Unauthorized Club Tab Transaction. If you believe your Membership number has been lost or stolen, you will call Account Services at 1-888-430-6432.
   • Term and Termination
     • Term. Your Life Time Digital Membership begins and these Terms are effective when you first (a) accept these Terms, (b) visit, access, download, install or use any part of the Services, including any of our websites or mobile applications, (c) register for an Account, (d) acquire rights to use the Services based on your Life Time Access Membership (see “Life Time Access Membership” below) or (e) click “continue,” “login,” “accept” or other similar button or checkbox when using the Services. YOUR LIFE TIME DIGITAL MEMBERSHIP IS MONTH-TO-MONTH, SUCH THAT IT CONTINUES UNTIL TERMINATED IN ACCORDANCE WITH THIS AGREEMENT.
     • Termination in First Seven Days. You may terminate the Life Time Digital Membership for any reason during the first seven (7) days of the Life Time Digital Membership (unless you received your Life Time Digital Membership as part of any Life Time Access Membership). If you do so, you will receive a refund of any joining fees and Membership Dues you have paid for the Life Time Digital Membership.
     • Termination for Convenience. You may terminate your Life Time Digital Membership at any time for convenience. To do so, you must provide thirty (30) days advance written notice to Life Time Digital. Terminations for convenience will be effective thirty (30) days following the date notice is received (e.g., written notice received by Life Time Digital on January 15 will terminate your Life Time Digital Membership effective February 14). During the thirty (30) day period, your Life Time Digital Membership will remain in effect. Membership Dues will be prorated to the effective termination date. You may provide written notice of termination (a) by mail to Life Time Digital, at Life Time Digital, Attention: Account Services, 2902 Corporate Place, Chanhassen, MN 55317, (b) by email to AccountServices@lifetime.life, or (c) in person at any Center, if you also have a Life Time Access Membership.
     • Termination by Life Time Digital. Life Time Digital reserves the right, at its sole discretion, to suspend, terminate or delete these Terms or the Services or your access thereto (including your Account) at any time for any reason or no reason, with or without notice, as detailed under “How this Agreement Works—Modification and Termination” above. If Life Time Digital suspends, terminates or deletes your Account, you may not re-register for or use the Services under any other user name or profile. If you violate any of these Terms, your Life Time Digital Membership shall automatically terminate and you shall not be entitled to any refund.
     • Upon termination of these Terms, your Life Time Digital Membership or the Services: (a) your license rights set forth herein will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access your Account or the Services; (c) we have the right to immediately delete all data, files, and other information or User Content (defined below) stored in or for your Life Time Digital Membership without further notice to you; (d) you must pay Life Time Digital any unpaid Financial Obligations that were due prior to termination; and (e) all payment obligations accrued will survive.
   • Life Time Access Membership.
     • LTF Club Operations Company, Inc. (“Life Time”) may offer access to Life Time’s health and fitness centers (“Centers”) or other facilities, centers, premises or services that are expressly not subject to the terms of this Agreement, including without limitation shared professional workspace, residential apartments or condominiums, other multi-use facilities or space, or athletic events. Any rights to access such facilities, centers, premises or services will be subject to the terms of a separate agreement(s) (including your General Terms Agreement and Member Usage Agreement if you have an access membership with Life Time) and, unless otherwise stated in such separate agreement, are not subject to the terms of this Agreement. This Agreement and your Life Time Digital Membership do not grant you or any Additional Member general access to any Centers.
     • If you have an active access membership with Life Time (“Life Time Access Membership”) that affords you general access to one or more Centers and the terms of your Life Time Access Membership include access to the Services, you will be required to download the application and log in to the Services by using your Life Time username and password. By logging in to the Services using your Life Time username and password, you acknowledge and agree that you are creating an Account directly with Life Time Digital and authorizing Life Time Digital to access your account information from your Life Time Access Membership and that information can be shared and used between your Life Time Access Membership and your Life Time Digital Membership, including without limitation that Life Time Digital may use your account information for purposes of assessing your eligibility to access the Services, activating, administering and improving your experience with the Services, coordinating your payment of all Financial Obligations, and communicating with you about the Services. You further acknowledge and agree that your interactions with Life Time Digital, including through your use of the Services, will at all times be governed by these Terms, including the Privacy Policy. Any account information we receive from Life Time and/or your Life Time Access Membership will also be subject to the Privacy Policy.
       • During the time that your Account is associated with your Life Time Access Membership, certain portions of these Terms may not apply, or may apply differently, to you, as further described in any additional terms, conditions, policies or rules communicated to you by Life Time Digital and/or Life Time.
       • If your Life Time Access Membership is cancelled or terminated, or in certain circumstances suspended, for any reason, if the terms of your Life Time Access Membership cease to include access to a Life Time Digital Membership and the Services, your Life Time Digital Membership and your access to the Services will automatically be cancelled. If you wish to subscribe to a Life Time Digital Membership and the Services directly, you will be required to enroll in a Life Time Digital Membership as described in these Terms.
       • If you have a Life Time Digital Membership at the time you become a Life Time Access Member with Life Time, please contact us at one of Life Time’s Centers so we can convert your account accordingly. You will be required to sign additional agreements for your Life Time Access Membership, including a General Terms Agreement and Member Usage Agreement with Life Time.
       • You acknowledge that these Terms are between you and Life Time Digital, and not with Life Time, and that Life Time is not responsible or liable for your Life Time Digital Membership, the Services or its contents.
5. Use of Services
   • License. Subject to compliance by you and any Additional Member(s) with these Terms and for so long as Life Time Digital permits access to use the Services, Life Time Digital grants to each of you and any Additional Member(s) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license for personal, non-commercial purposes to (a) download, install and use any mobile application associated with the Services on a mobile or other device that you or such Additional Member(s) own or control, and (b) access and use the Services including viewing the Content (defined below) on such device or on any website where the Services are made available by Life Time Digital. The Services are licensed, not sold, to you and any Additional Member(s), and your and their limited rights to access and use the Services are conditioned upon compliance by you and any Additional Member(s) with these Terms.
   • Restrictions on License. The Services, including the Content, are solely for your personal, non-commercial use. Subject to these and any other express restrictions with regard to specific material, you may download Content and information concerning the Services or your Life Time Digital Membership solely for your personal, non-commercial use, including information concerning membership type, status, enrollment date, contact information, transactions, packages and/or payment accounts. You are not permitted to resell, sublicense or otherwise use the Services for commercial purposes or for the benefit of any third party or in any manner not permitted by these Terms, and any attempt to do so is null and void. You also agree not to:
     1. copy, reproduce, record, alter, modify, decompile, replicate, reverse engineer, store, distribute, transfer, sell, transmit, translate, publish, publicly display, broadcast, perform, license, interfere with or create derivative works from the Services or any Content, including any information, products, or services, without Life Time Digital’s prior express written consent;
     2. use, display, mirror or frame the Services or any individual component of the Services, any name, trademark, logo or other proprietary information of Life Time Digital or any of its affiliates or licensors, or the layout and design of any page or form contained on a page, without Life Time Digital’s prior express written consent;
     3. use Content on any third-party equipment unless expressly authorized by Life Time Digital;
     4. access, use or exploit the Services (or any component of the Services) to build or develop a competitive or similar product or service; or
     5. avoid, remove, bypass, deactivate, impair, interfere with or otherwise circumvent any feature or technological measure of the Services, including any security or access control mechanism designed to protect the Services and any Content protection mechanisms designed to prohibit the downloading or export of Content.
   • Ownership and Proprietary Rights. As between you and Life Time Digital, Life Time Digital or its affiliates or licensors holds and owns the Services and any and all collective work, compilations, copyright and other proprietary and intellectual property rights and title, including the pages, graphics, design, text, videos, sound recordings, musical compositions, visuals, audiovisuals, visual interfaces, interactive features, images, materials, works of authorship, data, computer code (including source code or object code), products, software, services, content, and all other elements displayed or made available on or through, or otherwise included in the Services (“Content”), some of which may be copyrighted or trademarked. All Content, including the selection, coordination, arrangement and enhancement of Content and the design, layout and “look and feel” of the Services, constitute valuable intellectual property of Life Time Digital or its affiliates or licensors. Without limiting the foregoing, “Life Time Digital” and other names on the Services associated with Life Time or Life Time Digital are trademarks of Life Time Digital, including “Life Time” is a trademark of Life Time, Inc. No act of downloading or copying from, or otherwise using, the Services or any Content, even with Life Time Digital’s permission, will transfer any title, interest or right in or to the Services, including the Content, to you or any Additional Member(s). Life Time Digital’s licensors who own any of the Content are intended beneficiaries of these Terms and shall have the right to enforce these Terms against you and any Additional Member(s).
   • Electronic Communications. When you use the Services, you and any Additional Member(s) communicate electronically with Life Time Digital. You expressly consent to receiving informational, operational or other transactional communications, including any disclosure, notice, agreement, statement, term, condition, or any other information (collectively, “transactional communication”) from Life Time Digital and Life Time Digital’s agents, successors, affiliates and assigns by posts on the Services, to any email address or phone number, including cellular telephone numbers, provided by you or by any Additional Member(s). You further expressly consent to receiving promotional, advertising or other marketing communications, including communications regarding Life Time Digital, Life Time and third-party products and services (collectively, “marketing communications”) from Life Time Digital and Life Time Digital’s agents, successors, affiliates and assigns to any email address provided by me or by any Additional Member. All agreements, notices, disclosures, authorizations, verifications, confirmations, or other electronic communications Life Time Digital provides according to this paragraph satisfy any legal requirement for written communication.
     • Marketing Communications. With respect to marketing communications, you may opt-out of such marketing communications by following the opt-out instructions contained within the applicable post or email. You may also opt-out at any time through Life Time Digital’s member page, at my.lifetime.life under “Account” and then selecting “Communication Preferences.” You understand that you may receive additional e-mails, calls and/or texts before Life Time Digital can process your opt-out.
     • Transactional Communications. Even if you opt-out of certain marketing communications, you understand and agree that you and any Additional Member(s) will still receive certain transactional communications on the Services and to any email address or phone number provided by you or an Additional Member, including but not limited to communications related to increases in Dues and/or Fees, contract or policy amendments or changes, restrictions or other transactional issues. You expressly consent to Life Time Digital providing transactional communications electronically or by phone, consistent with applicable law, including by automated dialing systems and/or prerecorded or artificial voice or text messages including each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that Life Time Digital may provide to you or any Additional Member(s). Charges from your phone or network provider may apply, including message and data rates. Your consent to receive the Documents electronically and telephonically shall continue until you expressly withdraw the consent.
       • Push Notifications. When you install our application on your mobile device, you agree to receive push notifications, which are messages an application sends you on your mobile device when the application is not on. Discontinuing push notifications typically requires you to change your settings on your mobile device. Each type of device operates differently, so you should check the user manual of your mobile device if you are having trouble.
       • You may withdraw your consent by contacting Life Time Digital at 1-888-430-6432 (or such other number as Life Time Digital may provide from time to time). You understand that withdrawing your consent may result in additional fees for receiving the Documents in a non-electronic format, such as by U.S. mail to a physical address. Additionally, you may not receive certain Documents not legally required to be provided. You understand that Life Time Digital may still send you marketing communications after your Life Time Digital Membership is cancelled unless you withdraw your consent or opt-out.
     • Updating Contact Information. You agree to maintain a valid email address, physical address and phone number with Life Time Digital and to promptly notify Life Time Digital of any changes to your email address, physical address or phone number. You understand that Life Time Digital may rely on the validity of your contact information in providing this Life Time Digital Membership or any other products or services. If you have provided another type of electronic contact information, then you may change that contact information by contacting Life Time Digital at 1-888-430-6432 (or such other number as Life Time Digital may provide from time to time). You may also change certain contact information by logging in to your Life Time Digital member page by signing in at my.lifetime.life and clicking “Account” and then selecting the applicable update under “Personal Information.”
     • Technological Capability to Receive Documents. You agree and acknowledge that you have, and will continue to have, the hardware and software required to read and retain the Documents and any notices and other information that Life Time Digital may send to you in electronic form. That may include a computer or mobile device; an internet browser that is supported by your computer or mobile device; sufficient electronic storage capacity; software that can display electronic PDF files; and an e-mail account.
   • Equipment. You are solely responsible for purchasing, maintaining, and ensuring all equipment, programs, and services necessary for, and compatible with, your access to and use of the Services, including hardware and software; electrical, telecommunications and internet access connections and links; and web browsers.
   • Updates and Testing of Services. We may consider new functionalities, services, options, initiatives, user interfaces, products and other features for the Services. We reserve the right, in our sole discretion, to include or exclude you from any tests of such considerations without notice and to discontinue or to modify any such feature at any time, for any or no reason, without prior notice and with no liability, to the fullest extent permitted by applicable law. Without limiting the foregoing, from time to time we may also conduct research or testing on various new products, features, options, initiatives, or services that we are considering developing or adding or incorporating into the Services. Under any such program, we may from time to time and in our sole and absolute discretion grant certain members access to various features that are not visible or available to our broader member population or the general public. The terms of any such program will be provided to you at the time of your agreement to participate in such program and will be deemed to be incorporated into and supplement these Terms in governing such program. We reserve the right to change or modify the terms of any such program at any time and in our sole discretion.
6. User Content
   • Your Content. You retain responsibility for your content. You may only post User Content (as defined below) that you created or have permission to use and that is accurate and in compliance with these Terms and applicable laws. Life Time Digital is not responsible for any User Content posted on the Services, nor does it control the content made available by users. Life Time Digital makes no representations or warranties concerning the User Content or any efforts to review or monitor User Content, including the extent to which it may be considered or construed as personal, private, inappropriate, inaccurate, offensive, profane, misleading or otherwise objectionable. While Life Time Digital does not pre-approve or pre-screen User Content, Life Time Digital may but is not obligated to monitor User Content and may disable, remove, or delete any User Content or Accounts and take any other action, including reporting you (along with User Content) to appropriate law enforcement or governmental officials or seeking other legal or equitable remedies. Life Time Digital disclaims any and all liability in connection with User Content and is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance upon, any such User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Services.
   • License to User Content. By posting, including, without limitation, on discussion boards or forums, submitting, transmitting, emailing, messaging, uploading, sharing, participating in the Services or otherwise making available, publicly or privately (hereinafter “post” or “posting”) any names, messages, reviews, text, files, data, images, video, photos, likeness, sounds, results, performance or other materials or content on or through the Services (“User Content”), you, on your behalf and on behalf of any Minor Member(s), grant Life Time Digital and its affiliates a worldwide, irrevocable, perpetual, fully paid, transferable, non-exclusive worldwide right and license to use, host, reproduce, display, transmit, distribute (and the right to sublicense such User Content through unlimited levels of sublicensees), remove, retain, repurpose, adapt, perform, publicly display, commercialize, edit, modify and prepare derivative works of the User Content and your and any Additional Member’s name, likeness, voice and persona in any manner and in any media formats and through any media channels now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or any Additional Member, and to authorize others to do the same. Life Time Digital does not need any further approval for its uses of User Content. In addition, you on your behalf and on behalf of any Minor Member(s), waive any so-called “moral rights” or rights of privacy or publicity in User Content.
   • Feedback. Separate and apart from User Content, you and any Additional Member(s) can submit input, ideas, modifications, improvements, suggestions or other feedback regarding the operation, usefulness, functionality, design or performance of, or otherwise relating to, the Services (“Feedback”). Feedback is nonconfidential and shall become the sole property of Life Time Digital. Life Time Digital shall own, and you, on your behalf and on behalf of any Minor Member(s), hereby assign to Life Time Digital, exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and Life Time Digital and its affiliates shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you or any Additional Member(s).
   • Life Time Digital’s Sharing of Your Information with Its Affiliates. Life Time Digital is an affiliate of Life Time, Inc. and its other affiliates. Life Time Digital may share your information with Life Time, Inc. (and other affiliates) in a variety of ways as explained in our Privacy Policy (available at https://my.lifetime.life/policy/privacy-policy.html). We may also offer you opportunities to engage or interact with Life Time directly or in a variety of other ways, including through the Services or your Account. When you interact with Life Time directly, you understand that you are providing your information to Life Time and that Life Time collects and uses your information in accordance with the privacy policy (available at https://my.lifetime.life/policy/privacy-policy.html). When you interact with Life Time in other ways, you agree and acknowledge that your personal information and/or User Content may be disclosed to Life Time in accordance with your direction or in accordance with the manner that would be reasonably expected in the context of your interaction with Life Time.
   • Third Party Content, Services, Applications, and Tools. The Services may include links to, or content from, or other integrations or relationships with third-party websites, resources, services, applications, social media or tools (“Third Party Content”). If you or any Additional Member(s) choose to use or view such Third Party Content, your Personal Information may be disclosed to third‑parties. Your use or acquisition of or interaction with any Third Party Content and any exchange of data or information between you and any Third Party Content is solely between you and the Third Party Content provider and these third-party providers may request that you agree to separate privacy policies and terms of use that are different than these Terms. You should read any such policies before using or viewing Third Party Content. You must also comply with all applicable third party terms of service when using Third Party Content. Life Time Digital does not control and is not responsible or liable for Third Party Content. Life Time Digital makes no representations or warranties concerning Third Party Content, including the extent to which it may be considered or construed as inappropriate, inaccurate, offensive, misleading, or otherwise objectionable. Life Time Digital disclaims any and all liability in connection with Third Party Content and Life Time Digital is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Third Party Content and we are not responsible for any processing, handling, disclosure, modification or deletion of any of your data or information resulting from that Third Party Content’s interaction with or provision of services to you or your use of the Third Party Content in conjunction with the Services. If you install, enable, or interact with Third Party Content through the Services, you agree that we may collect and access your data or information from that Third Party Content, which may include personal information, as required to enable the interoperation of that Third Party Content with the Services and to deliver the Services to you. The types of personal information we collect and access depends on the information you provide to us from the Third Party Content.
   • Copyright Infringement Notification. Pursuant to the Digital Millennium Copyright Act (“DMCA”), Life Time Digital’s designated agent (“Copyright Agent”) receives notices of claimed copyright infringement. If you, or an agent authorized to act on your behalf, believe in good faith that your work is on the Services in a way that constitutes copyright infringement, please provide written notice to Life Time Digital’s Copyright Agent by email to legal@lt.life or by mail to Life Time Digital, LLC, 2902 Corporate Place, Chanhassen, MN 55317 Attn: Copyright Agent with the following information:
     • A physical or electronic signature of a person authorized to act on the copyright owner’s behalf;
     • A description of the copyrighted work claimed to have been infringed;
     • A description of where the copyrighted work is located on the Services, including if possible a URL;
     • Your address, telephone number, and email address;
     • A statement that you believe in good faith that use of the work is not authorized by the copyright owner, its agent, or the law; and
     • A statement, under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
   • In accordance with the DMCA, Life Time Digital may delete, remove, or disable any infringing work, and may forward to the alleged infringer your written notice and a notice that the work has been deleted, removed, or disabled. Life Time Digital reserves the right to terminate members who post infringing work.
7. User Conduct.
   • Termination of Use. We reserve the right to monitor access to or use of the Services for the purpose of operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Services and Life Time Digital’s systems and networks. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. We may block, restrict, disable, suspend, or terminate your access to or the access of any Additional Member(s) or use of all or any parts of the Services without prior notice or liability.
   • Inappropriate Use. You agree that you are solely responsible for your conduct and the conduct of any Additional Member(s) accessing or using the Services. You and your Additional Member(s) will not take any action, including to post, submit, transmit, email, upload, share, store or otherwise make available any User Content, that, in Life Time Digital’s judgment:
     • Is unlawful, illegal, infringing, threatening, abusive, harassing, embarrassing, demeaning, stalking, intimidating, libelous, violating or misappropriating the rights of others, false, defamatory, exploitive, invasive of another’s privacy or publicity rights, violent, vulgar, obscene, profane, sexual in nature, harmful to individuals, including minors, or is otherwise objectionable, offensive, or improper; Is hateful toward an individual or group of individuals on the basis of gender, sexual orientation, race, ethnicity, age, disability, or religion;
     • Violates or encourages the violation of any contract or agreement with Life Time Digital or any of its affiliates, including this Agreement, or any applicable laws, rules or regulations, or intellectual property or other third party right;
     • Includes personal or identifying information about yourself or another person without that person’s affirmative consent;
     • Is false, fraudulent, misleading, or deceptive;
     • Depicts or promotes any unreasonably dangerous, harmful or reckless behavior or activity;
     • Constitutes or contains any form of commercial advertising, marketing, solicitation or promotion, including messages and links for commercial purpose or benefit and any affiliate marketing, link referral code, junk mail, spam, chain letters, or pyramid or Ponzi schemes; or
     • May interrupt, limit, overburden, damage, impair, destroy or otherwise negatively impact the functionality or use of the Services or any user’s access to or enjoyment of the Services, including (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any system, network, equipment, or server connected to or used to provide the Services, including by overloading, flooding, spamming or mail-bombing the Services.
   • Interference with the Services. You and your Additional Member(s) will not do any of the following:
     • Download or install any third-party software and/or application on the Services (excluding assistive technologies that are necessary for your own use of the Services, such as screen-readers) that is not expressly permitted by Life Time Digital in writing;
     • Download or install any third-party software and/or application on the Services (excluding assistive technologies that are necessary for your own use of the Services, such as screen-readers) that is not expressly permitted by Life Time Digital in writing;
     • Avoid, remove, bypass, circumvent, deactivate, impair or otherwise interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any Content; (ii) reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code of any portion of the Services (including without limitation the Content); or (iii) attempting to modify the Services for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Services;
     • Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Services;
     • Access, tamper with or use non-public areas of the Services, computer systems or networks or the technical delivery systems of providers, or attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
     • Attempt to access, scrape or search the Services or download any Content, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Life Time Digital or other generally available third-party web browsers;
     • Use any meta tags or other hidden text or metadata utilizing a trademark, logo, URL or product name of Life Time Digital or any of its affiliates or licensors, without Life Time Digital’s prior express written consent;
     • Copy, use, disclose or distribute any information or data obtained from the Services, whether directly or through third parties (such as search engines or third-party websites), without Life Time Digital’s prior express written consent;
     • Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Account without permission, or falsifying your age or date of birth;
     • Sell or otherwise transfer the access granted under these Terms or any Services or any right or ability to view, access, or use any Services;
     • Use the Services if you are prohibited from doing so under applicable law; or
     • Attempt to do any of the acts described above or assist, encourage or permit any person in engaging in any of the acts described above.

If you believe any User Content does not apply with these guidelines, please contact us at legal@lt.life.

8. Health and Safety.
   • Health Eligible. You represent that you are healthy enough to engage safely in the use and access of the Services, and that you have had the opportunity to talk to a doctor or other qualified health care provider prior to your use and access of the Services, which Life Time Digital strongly recommends. You acknowledge that Life Time Digital does not and will not provide medical advice. You agree to remove yourself or any Additional Member(s) from the use and access of the Services if you observe any hazardous, unsafe, dangerous or defective condition, if you or any of them is incapable of engaging in such use safely, or if required or instructed to do so by Life Time Digital. You acknowledge that you are responsible for your own conduct, health and safety and that of Minor Member(s) and other Member(s), and that Life Time Digital is not responsible for any medical condition or expenses incurred by you, Minor Member(s) or other Member(s) in connection with the use and access of the Services. You should discontinue exercise in cases where it causes pain or severe discomfort and should consult a medical expert prior to returning to exercise in such cases. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
   • Health and Wellness Information. The Services contain information about leading a healthy way of life, including information on health, wellness, and fitness issues. Such information does not represent medical diagnosis, treatment, or care and should not be used in place of consultation with or advice from your healthcare professionals. You should consult with your physician or healthcare professional before beginning or altering your personal exercise, diet, or nutritional supplement program, and periodically thereafter. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read or heard on the Services. The use of information provided through the Services is solely at your own risk and is not medical or healthcare advice. Nothing stated or posted or otherwise available through any Service is intended to be, and must not be taken to be, the practice of medical or counseling care. The Services offer health and fitness information that is designed for educational purposes only. For purposes of these Terms, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice. Any health information you post on the Services may be viewed by other users of the Services.
   • Exercise Activity. Your use of the Services may involve strenuous physical exercise and activity that is potentially hazardous and dangerous and may involve significant physical and emotional stress and exertion and risk of injury or damage, some of which are inherent in the use of the Services. The use of the Services can include but is not limited to use of personal training services, group fitness classes (including yoga), running, cycling, endurance or athletic events, races, weight loss and educational or nutritional programs, activities, classes, sessions, seminars, workshops, assessments, advice, tracking functions, events, amenities, or benefits sponsored, endorsed or operated by Life Time Digital.
9. ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER
   • Mandatory Binding Individual Arbitration. Except as expressly provided below, Life Time Digital and you (each a “party” or, together, “us,” “we” or “parties”) agree that any dispute, Claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between us (whether arising out of or relating to past, present or future acts or omissions) (“Disputes”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
   • Waiver of Class Actions. We each agree that we will assert Disputes in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Disputes on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Disputes of more than one person in a single arbitration.
   • Waiver of Jury Trial. We waive our constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Disputes.
   • Disputes Not Subject to Arbitration. There are only three exceptions to this Arbitration Agreement:
     1. Small Claims. Either party may bring individual Claims in small claims court.
     2. Personal Injury Claims. Both parties must litigate personal injury Claims in court. For purposes of this exception, personal injury Claims are Claims arising from injury to the physical structure of the human body.
     3. Emergency Equitable Relief. Either party may seek temporary injunctive relief or other equitable relief in court pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
   • Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
   • Arbitration Providers. Each party has a choice of initiating arbitration before either the American Arbitration Association (“AAA”) or JAMS, which are both established alternative dispute resolution providers (“ADR Providers”). If neither AAA nor JAMS is available to arbitrate, we will agree to select an alternative ADR Provider to administer the arbitration in this Arbitration Agreement.
   • Arbitration Rules. The arbitration will be conducted under the AAA Consumer Arbitration Rules (available at www.adr.org) or JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.
   • Arbitration Location. The arbitration hearing will be held at the ADR Provider’s location that is closest to the claimant’s primary residence, unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings.)
   • Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
   • Arbitrator’s Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
   • Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.
   • Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
10. Additional Terms.
    • Liability of Third Party Purchaser. To the extent you are agreeing to and accepting this Agreement as a purchaser, payor and guarantor for a Primary Member and any Additional Member(s) (a “Third Party Purchaser”), you understand and agree that you are not a Member and do not have the rights afforded a Member by this Agreement, regardless of pronoun usage and syntax used throughout this Agreement. Nonetheless, you are signing this Agreement to purchase the Life Time Digital Membership and provide payment for and guaranty the obligations of the Primary Member and all Additional Members on the Life Time Digital Membership. You acknowledge and agree to all provisions of this Agreement, including the “Payments” and “Payment Authorizations” sections, and are personally responsible for all Financial Obligations that are incurred by any Member under this Agreement, including without limitation Life Time Digital’s costs of collection, even if such Financial Obligations are increased without notice to you. You waive presentment, protest, demand, notice of dishonor or default, notice of non-payment, notice of any billings of Financial Obligations, and all demands and notices of any other kind in connection with the Financial Obligations.
    • Survival. All your obligations, including without limitation your Financial Obligations, the authorizations to use any particular payment mechanisms and the arbitration agreement with a class action waiver, continue after the term of this Agreement or any membership.
    • Assignability and Subcontracting. You cannot assign this Agreement but may change the Primary Member. This Agreement may be assigned by Life Time Digital in its sole discretion and without notice. Life Time Digital may use any subsidiary or affiliate as a subcontractor to provide the Life Time Digital Membership or any products or Services at Life Time Digital’s sole discretion and without notice, provided, however, Life Time Digital will remain responsible for any subsidiary’s or affiliate’s provision of products or Services. Life Time Digital may assign your payment obligations to a third party.
    • Governing Law. These Terms, and your access to and use of the Services, shall be governed by and construed and enforced in accordance with the laws of the State of Minnesota without regard to conflict of law principles (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. For any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, you and Life Time Digital submit to the personal and exclusive jurisdiction of the state courts and federal courts of the State of Minnesota and the United States, respectively, located within the State of Minnesota, County of Hennepin. Life Time Digital operates the Services from its offices in Minnesota and makes no representation that the Services are appropriate or available for use in other locations.
    • Force Majeure. Life Time Digital will not be liable to you for any delay in delivery or your inability to access the Services, including any delay or lack of access due to an event beyond Life Time Digital’s reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, epidemic, pandemic, governmental authority action, uprising, earthquake, flood or any other natural or man-made condition outside of Life Time Digital’s control. Life Time Digital will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control.
    • Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
    • Entire Agreement; Merger. These Terms, including the Privacy Policy (available at https://my.lifetime.life/policy/privacy-policy.html) and any other agreements expressly incorporated by reference into these Terms, plus any additional terms, policies, rules or guidelines applicable to the Services that Life Time Digital may post on or link to from the Services, each of which are incorporated herein by reference, are the entire and exclusive understanding and agreement between you and Life Time Digital regarding the Services. You are not relying on any oral or written promises, representations, statements, covenants or warranties, other than those set forth herein, to induce you to agree to and accept this Agreement. These Terms replace any prior oral or written agreements or other communication between the parties with respect to the subject matter of this Agreement.
    • Severability and Non-Waiver.
      • Severability. You acknowledge and agree that these Terms are intended to be as broad and inclusive as permitted under applicable law, including without limitation the ASSUMPTION OF RISK, WAIVER OF LIABILITY, INDEMNIFICATION, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY and ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER. To the extent that a court of competent jurisdiction determines any part of the terms and conditions in this Agreement to be invalid, illegal, void or unenforceable, that part will be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of the Agreement will remain fully binding and enforceable to the maximum extent permitted by applicable law.
      • Non-Waiver. Life Time Digital’s failure to exercise or enforce a legal right, remedy, obligation or benefit which is contained in the Agreement or any applicable law for any reason does not constitute waiver of its right to do so later.

NOTICE TO MEMBERS IN CANADA

Your Rights under the Consumer Protection Act, 2002 (Ontario)

You may cancel this Agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the services are available. You do not need to give the supplier a reason for cancelling during this 10-day period.

In addition, there are grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.

To cancel this Agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.

If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).

YOU HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. INCLUDING SPECIFICALLY THE ASSUMPTION OF RISK, WAIVER OF LIABILITY, INDEMNIFICATION, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER UNDER WHICH YOUR ARE RELINQUISHING LEGAL RIGHTS.