Ohio Outdoor Pool Access Terms and Conditions

The Outdoor Pool Access

These Outdoor Pool Access Terms and Conditions (which shall include, without limitation, any confirmation email you receive in connection with this purchase) (the “Agreement”) apply to your, and any Additional Member(s) on your Membership, as well as your Guest(s), access to and use of the outdoor pool and aquatics area (subject to certain restrictions, limitations, or additional fees on certain features of Outdoor Pool Access (as defined below), and associated amenities and/or services as may be imposed by Life Time in its sole discretion (such as the use of cabanas), or payment of additional Dues and/or Fees) (“Outdoor Pool Area”). Access includes (i) use of the Outdoor Pool Area at your Primary Center (or additional Centers to the extent your Primary Center membership type provides access as of the above Effective Date for existing Memberships, new Memberships or reactivating an on-hold Membership, respectively), subject to operating inspections, regulatory approvals, weather and other seasonal conditions, or the next suitable date following the Effective Date, subject to the foregoing conditions, as determined in Life Time’s sole discretion, for the duration of the current summer pool season (as established by each Life Time Center) and (ii) subsequent yearly summer pool seasons if your general access Membership maintains continuing eligibility as determined by Life Time and is in good standing, is not terminated, cancelled, or suspended, on or after the effective date of that year’s pool season (collectively, “Outdoor Pool Access”); provided, however, the adult only outdoor pool area at Life Time’s Westchester Center, the Life Time Sky outdoor pool area, the Life Time Stamford outdoor pool area, and the Life Time River North outdoor pool area are excluded from Outdoor Pool Access and use under the terms of this Agreement and are subject to separate terms. Outdoor Pool Access is a single per Member service/amenity (separate from general Center access) that allows access to the Outdoor Pool Area at the Center(s) for which you have access to based on your Primary Center and membership type (“Participating Center(s)”) and is non-transferable. Provided your Membership maintains continuing eligibility prior to the upcoming pool season effective date, Outdoor Pool Access fees are a one-time, non-recurring, per Member fee separate from Base Dues, which may be charged along with or separate from Monthly Payments (the “Outdoor Pool Access Fee”). If Membership eligibility is not maintained prior to the pool season effective date, Life Time reserves the right to charge Outdoor Pool Access fees for access. The Outdoor Pool Access Fee may vary based on, including but not limited to, Participating Center, Member category (e.g., adult (“Beach Club Access Adult,” age 13+), Junior (“Beach Club Access Junior,” ages 1-13), adult guest (“Beach Club Access Adult Guest,” age 13+), Junior guest (“Beach Club Access Junior Guest,” ages 1-13), etc.), state, season, calendar date, benefit, service, amenity, or class. Not all Centers are participating in the Outdoor Pool Access program. Life Time may, at its sole discretion, and without notice, terminate, cancel, or suspend at any time any Member’s or Guest’s Outdoor Pool Access in accordance with this Agreement, your General Terms Agreement, Member Usage Agreement, Guest Usage Agreement and the Guest and Club Policies (as applicable), as well as for any Member, at any point, failing to maintain a good standing Membership with Life Time, or your Membership is terminated, cancelled, or suspended for any reason, or is placed on hold and is not reactivated prior to the applicable pool season effective date, or for any reason as determined by Life Time in their sole discretion. Life Time, in its sole discretion, may restrict or not provide Outdoor Pool Access due to unforeseen circumstances, including, but not limited to, in the event of a natural disaster or inclement weather, power outage or other failure of electrical or water service or other event outside of Life Time’s reasonable control. 

Outdoor Pool Access Payment

I agree to pay today the Outdoor Pool Access Fee in the amount set forth in the online purchase page when purchasing Outdoor Pool Access. I authorize Life Time, without further notice, to withdraw the Outdoor Pool Access Fee from the financial account I have selected as a Payment Method within the online review and checkout page when purchasing Outdoor Pool Access. I am an account holder and I have actual authority to use the credit or debit card or bank account with which my Outdoor Pool Access Fee payment will be made. In order to cancel or withdraw authorization for the Outdoor Pool Access Fee payment, I agree to follow the Refund & Cancellation Policy below. I further understand and agree that any Guest(s) afforded Outdoor Pool Access under this Agreement are subject to Life Time’s standard terms and conditions applicable to Guest(s) and may be charged a separate or additional fee for Outdoor Pool Access.

Refund & Cancellation Policy

I may cancel my, or any Additional Member’s, Outdoor Pool Access by providing Life Time with written notice of cancellation, identifying which Member’s Outdoor Pool Access is to be cancelled, via any Notice Method. If I provide such cancellation notice within the first seven (7) days, or a greater amount of days as allowed by law for my Primary Center, of receiving my Outdoor Pool Access (the “Initial Cancellation Period”), I will receive a full refund for the applicable cancelled Outdoor Pool Access. After the Initial Cancellation Period, Outdoor Pool Access fees are non-refundable. Life Time may cancel your Outdoor Pool Access at any time, without notice at its sole discretion; provided, however, if such cancellation occurs during the Initial Cancellation Period your fees will be refunded. “Notice Methods” include (A) in person at the Center for which you purchased Outdoor Pool Access, (B) by first class mail, to the Center for which you purchased Outdoor Pool Access, with such center address provided within your General Terms Agreement and/or at www.lifetime.life by selecting “Locations” and searching for such Center, (C) by email to Accountservices@lt.life, (D) by facsimile to 952-368-2819 or (E) by telephone, toll-free to 1-877-583-6818.

Additional Acknowledgments and Agreements

I acknowledge and agree, on my own behalf and on behalf of each Additional Member, to the following additional terms and conditions relating to the Outdoor Pool Access:

Electronic Communications. I expressly consent to receive electronic messages from Life Time, including messages to advertise or promote products or services and messages related to my, or any Additional Member’s, Outdoor Pool Access, including, without limitation, communications related to Life Time’s fees to any email address or phone number, including cellular telephone numbers, provided by me or by an Additional Member in connection with this Agreement, my Membership and/or any other current and/or past membership(s) and/or provided in the use of Life Time facilities, Centers and/or spaces and/or when provided for the purchase of Life Time services, programs, and/or products.

Assumption of Risk, Waiver of Liability, Indemnification and Arbitration Agreement with Class Action Waiver. I understand and agree that there are risks of injury associated with the Outdoor Pool Access and access to and use of the Outdoor Pool Area, some of which are inherent, and voluntarily agree to participate in spite of the risks. I further understand and agree that my General Terms Agreement, Member Usage Agreement & Guest Usage Agreement (if applicable) continue to apply, including the assumption of risk, waiver of liability, indemnification and arbitration agreement with class action waiver provisions contained therein to the fullest extent permitted by law.

Life Time Policies. I agree to follow all Life Time Guest & Club Polices located at my.lifetime.life and any additional Outdoor Pool Access policies whether set forth on paper, verbally, in club signage, or online at www.lt.life or other Life Time websites (collectively, “Policies”), if any. Life Time reserves the right to remove any person not authorized to be in the Outdoor Pool Area or in violation of Life Time’s Policies. I agree that it is my responsibility to know and follow the most current Policies.  I further agree and acknowledge review of the Life Time Privacy Policy located here: https://www.lifetime.life/policy/privacy-policy.html including, Life Time’s State Specific Privacy Notices which affect your privacy rights. Please review https://www.lifetime.life/policy/state-specific-privacy-notice.html for information about our state specific privacy practices, including the information we collect and your rights relating to your information.

Image and Likeness Release. I understand that Life Time, or a third-party authorized by Life Time, may take photographs, audio or video recordings, or testimonial accounts that may contain the name, image, voice, likeness or account of me or any Additional Member on my Memberships (collectively “Images”) during access to and use of the Outdoor Pool Area. I hereby irrevocably consent to and grant Life Time the exclusive, worldwide, perpetual, royalty-free and otherwise unlimited right to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize any and all such Images (and the right to sublicense such images through unlimited levels of sublicensees) in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating me in any way, and to authorize others to do the same. Without limiting the foregoing, I hereby consent to Life Time’s use of the Images for commercial and promotional use, including on corporate or employee social media. Life Time may change, modify, rearrange, add, delete or otherwise alter such Images. I waive any right to inspect, approve, or edit such Images as used by Life Time.

Definitions. Capitalized terms used and not defined in this Agreement have the respective meanings assigned to them in my General Terms Agreement, Member Usage Agreement or Guest & Club Policies.

Arbitration Agreement with Class Action Waiver

1. Mandatory Binding Individual Arbitration. Except as expressly provided below, Life Time and I (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) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
2. Waiver of Class Actions. We each agree that we will assert Claims 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 Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
3. 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 Claims.
4. Claims Not Subject to Arbitration. There are only three exceptions (i, ii & iii) 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.
5. Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
   1. 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.
   2. 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.
   3. 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.)
   4. Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
   5. 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.
   6. Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.
   7. 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.
   8. Survivability. Life Time and I agree that this Arbitration Agreement with Class Waiver shall apply to all Claims regardless of whether such Claim arises out of acts or omissions that occur before or after the termination of any membership or service or that occur before or after the termination of this Agreement.

Severability. I agree that this Agreement is intended to be as broad and inclusive as permitted under applicable law. If a court declares any part or provision of this Agreement invalid, illegal, unenforceable, or void, that part or provision alone shall be severed from this Agreement, and the entire remainder of the Agreement, including any partially enforceable provision, shall be fully binding and enforceable to the maximum extent permitted by law.

Other Provisions; State Law Provisions

I am not relying on any oral or written promises, representations, statements, covenants, or warranties, other than those set forth herein, to induce me to sign this Agreement. This Agreement may be amended, terminated or assigned at any time by Life Time upon such notice, if any, as may be required by law. If Life Time fails to enforce any right in this Agreement for any reason, Life Time does not waive its right to enforce it later.

This Agreement includes any “State Law Provisions” applicable to each Participating Center as detailed within Exhibit A to this Agreement, as well as at the beginning of this Agreement. If the terms and conditions above differ from the State Law Provisions, the provision more favorable to me or any Additional Member will apply, provided, however, to the extent there is a conflict between the “State Law Provisions" Section and the Section entitled "ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER", the provisions under the latter Section shall prevail.

I have read this Agreement thoroughly, understand all of its terms including, without limitation, the Outdoor Pool Access Payment and Refund & Cancellation Policy, and knowingly and voluntarily agreed to the same as evidenced by completing my Outdoor Pool Access purchase.

Exhibit A
State Law Provisions

The following State Law Provisions apply to my Outdoor Pool Access Terms. To the extent there is a conflict between the provisions under this Section and elsewhere in the Agreement, the provisions under this Section shall prevail, provided, however, to the extent there is a conflict between the provisions under this Section and the Section entitled "ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER", the provisions under the latter Section shall prevail.

Ohio State Law Provisions

If the terms and conditions above differ from the following state law provisions, the provision more favorable to me will apply:

1. Start of Contract Performance. The performance of the contract will begin no later than one hundred and eighty days from the date the contract is entered into.
   
2. Termination Upon My Death or Disability. If by reason of death or disability, I am unable to receive benefits from the Life Time Fitness' services, the contract shall be proportionally divided by all of the days in which the facility was made available to me as part of the contract offering, and I shall be liable for payments only for that portion of the contract that can be attributed to the period prior to my actual death or disability, exclusive of any period of time in which the facility was made available to me free of charge as part of the contract offering, and Life Time, within thirty days after receiving notice of the death or disability, shall return to me or my representative the amount paid in excess of the proportional amount.
3. Termination Upon My Relocation. If I relocate twenty five miles or more from the facility operated by Life Time or a substantially similar facility that would accept Life Time's obligation under the contract and if I give Life Time written notice that I intend to relocate and request that the contract be terminated, the contract shall be proportionally divided by all of the days in which the facility was made available to me as part of the contract offering, and I shall be liable for payments only for that portion of the contract that can be attributed to the period prior to my actual relocation, exclusive of any period of time in which the facility was made available to me free of charge as part of the contract offering, provided, that Life Time may require and verify reasonable evidence of relocation, and Life Time shall return to me the amount paid in excess of the proportional amount.
4. Termination Upon Club Closure or Relocation. If Life Time relocates the facility twenty five miles or more from my residence or closes the facility and a substantially similar facility that would accept Life Time Fitness' obligation under the contract is not within twenty five miles of my residence, the contract shall be proportionally divided by all of the days in which the facility was made available to me as part of the contract offering, and I shall be liable for payments for only that portion of the contract that can be attributed to the period prior to Life Time's actual relocation or closing of the facility, exclusive of any period of time in which the facility was made available to me free of charge as part of the contract offering, and Life Time Fitness shall return to me the amount paid in excess of the proportional amount.
5. Return of Information. All information and material of a personal or private nature that is acquired directly or indirectly from me including but not limited to, answers to tests or questionnaires, photographs, or background information, shall be returned by Life Time to me by regular mail or otherwise upon request or as may be required by applicable law within thirty days after the expiration of the contract or after the expiration for any reason of the service to be rendered by Life Time.