Last Updated: JANUARY 31st, 2026

Welcome to www.megaformer.com. PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE. These Terms and Conditions (“Terms”) constitute a legal agreement between you and THE MEGAFORMER STUDIO INC., (“megaformer”“megaformer studio”, “us”, “our”, and “we”) governing your access to and use of the website, online services, mobile site or other domain or software application which megaformer owns, operates, licenses or controls (the “Site”). By accessing or viewing the Site or participating in or using any service offered on this Site (collectively, the “Services”), you agree to these Terms. Do not use this Site if you do not agree to be bound by these Terms.

You represent and warrant that you are at least 16 years of age, or if you are ages 13 to 16 years of age, that you are visiting the Site under the supervision of a parent or guardian who has agreed to these Terms. Our Site is not intended for those under the age of 13.

Please note that we may periodically change these Terms from time to time without notice to you by posting a revised version of the Terms of Use on this Site, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed Terms. The amended Terms will automatically be effective when posted on this Site. It is your responsibility to review the Terms of Use periodically to be aware of any such changes. These Terms contain provisions that limit our liability to you. Please note that our Privacy Policy( https://megaformer.com/privacy-privacy) is a part of and incorporated into these Terms.

Intellectual Property

All contents and materials on this Site are protected as the copyrights, trade dress, trademarks, service marks and/or other intellectual properties (whether registered or unregistered) that is protected by applicable laws, and treaties of the United States and other countries, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Site, megaformer studio or its licensors own all content on the Site, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, logos, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such content. You may not use, modify, copy, republish, duplicate, distribute, upload, download, post, transmit, frame, or use any of the contents or materials on this Site without megaformer express prior written consent, to be withheld or given in our sole and absolute discretion. You may not store electronically any significant portion of any Content from this Site. All rights not expressly granted are reserved. You acknowledge and agree that the content on this Site constitutes valuable intellectual property and proprietary information of megaformer and content providers and that you acquire no ownership interest by accessing or using the Site or the content. You agree to comply with all applicable copyright and trademark laws. The name “Megaformer Studio,” associated logos, and any related names, logos, product and service names, designs, and slogans are trademarks and/or service marks of Megaformer Studio, and you may not use any such marks without our prior written consent. Except as expressly permitted in these Terms, you may not use, modify, copy, reproduce, republish, duplicate, distribute, upload, download, post, transmit, publicly display, publicly perform, frame, mirror, or otherwise exploit any Content, in whole or in part, without our express prior written consent, which may be withheld or granted in our sole and absolute discretion. You may not store electronically any significant portion of Content from this Site. All rights not expressly granted are reserved. You acknowledge and agree that the Site and Content constitute valuable intellectual property and proprietary information of Megaformer Studio and its content providers, and that you acquire no ownership interest by accessing or using the Site or the Content. You agree to comply with all applicable copyright, trademark, and other intellectual property laws. For permission to use content from this Site or from marketing material authored and distributed by Megaformer Studio, you must request written permission in advance and provide full attribution. Permission should be requested by contacting legal@megaformer.com.

Personal Use

Your use of the contents and materials included on this Site is for informational purposes and personal use only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents or materials of this Site in any way. You acknowledge that unauthorized use of the contents or materials from this Site could cause irreparable harm to megaformer, and that in the event of an unauthorized use megaformer shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or in equity.

MEGAFORMER does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when MEGAFORMER products or marketing strategies might seem similar to ideas submitted to MEGAFORMER. So, please do not send your unsolicited ideas to MEGAFORMER or anyone at MEGAFORMER.

If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submission. You agree and warrant that: (1) the submission will immediately become the sole and exclusive property of MEGAFORMER without compensation to you or any other person or party and MEGAFORMER will have the immediate right to use, copy, adapt, publish, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such submission, and to grant and authorize sublicenses of the foregoing, without any payment to you; (2) MEGAFORMER will consider the submission to be non-confidential and non-proprietary; (3) MEGAFORMER shall have no obligations concerning the submission, including but not limited to, no obligation to return any materials or acknowledge receipt of any submission; (4) MEGAFORMER may use or redistribute the submission or its content for any purpose and in any way it chooses; (5) the submission does not contain trade secrets or proprietary information owned by another and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (6) you have all requisite rights to, and are authorized to disclose, all of the information contained in the submission; and (7) you are fully responsible for any submission you make and for the legality, reliability, appropriateness, and originality thereof. You agree to execute any documents required by MEGAFORMER to confirm such rights.

In addition to the rights applicable to any submitted material, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, in connection with such review, comment or other content. We may, but shall not be obligated to, remove or edit any submitted material (including comments or reviews) for any reason.

Limitations and prohibited activities

(a) You will not introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Site, or interfere with any person or entity’s use or enjoyment of the Site;

(b) You will not distribute, publish, transmit, modify, display or create derivative works from or exploit any of the Content available on this Site in any way;

(c) You will not post or submit anything to this Site that may violate any rights of any third party, including any copyright, trademark, privacy or other personal or proprietary right(s);

(d) You will follow all of these Terms, as well as all applicable laws, rules and regulations, and will not engage in or encourage conduct that may give rise to civil liability or violate any law;

(e) You will only provide truthful, complete and accurate information;

(f) You will not impersonate or misrepresent your affiliation with another person or entity;

(g) You will not harass, threaten, or abuse any other person when using this Site in any manner;

(h) You will not access, intercept, monitor, damage, or modify any data not intended for you or log into a server or account that you are not authorized to access;

(i) You will not attempt to probe, scan or test the vulnerability of MEGAFORMER systems or network or breach the security or authentication measures without proper authorization;

(j) You will not access this Site with any data extraction, scraping, mining, or other data gathering tools, or otherwise scrape, collect, store, or use any Content from this Site;

(k) You will not interfere with or disrupt this Site, or servers or networks connected to this Site, or disobey any requirements, procedures, policies, or regulations of networks connected to this Site; and

(l) You will not e-mail, transmit, or otherwise transfer to or through this Site any material or information that is obscene, or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, distasteful, or otherwise objectionable; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.

We and our third-party partners reserve the right to restrict or block access to the Services for any reason or no reason.

You acknowledge that we have no obligation to monitor your access to or use of the Services for violations of the Terms, or to review any content you submit to us. However, we have the right to do so for the purpose of operating and improving the Services (including, without limitation, for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with the Terms, and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body.

5. Product sales and availability

MEGAFORMER reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or services offered on this Site.

Links to other sites

MEGAFORMER may provide links from or to other websites maintained by third parties (“Linked Sites”) that are not under the control of MEGAFORMER. MEGAFORMER has not reviewed or endorsed these Linked Sites, and you hereby acknowledge and agree that we shall not be responsible for the content, reliability, nature, products, services, availability, advertising, information or use of user information or other materials offered on any of the Linked Sites. The appearance of Linked Sites on this Site does not imply our support or endorsement. When you visit the Linked Sites, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You access linked sites at your own risk. In no event shall MEGAFORMER be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through any of the Linked Sites, and you agree to indemnify us from and against any claims incurred as the result of any such dealings. You should direct any concerns to the administrator or Webmaster of any such Linked Site. MEGAFORMER reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from this Site and/or introduce different features or links to different users.

Third party advertisements and promotions

MEGAFORMER may display advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. MEGAFORMER is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such third-party information on the Site.

Modifications to the site

MEGAFORMER reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that MEGAFORMER will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.

Copyright Policy

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to:

THE MEGAFORMER STUDIO INC.

Attention: DANIELLE LAGREE

375 N LA CIENEGA BLVD #3

LOS ANGELES CA 90048

or by email to: legal@megaformer.com.

In accordance with the Digital Millennium Copyright Act (“DMCA”), please include the following information in your written notice: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners. While MEGAFORMER considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing.

Termination of access

Megaformer reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and megaformer , including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.

Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, megaformer will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of the Site’s content will remain in full force.

Membership reoccurring billing and termination

Depending on your Membership, you may have different rights governing your term and termination.

Monthly Memberships (4, 8, 12, or unlimited) are billed monthly, and have a minimum of month to month recurring, six-, or twelve- months commitment, depending on the recurring Membership you select. The month to month membership will automatically renew on a month-to-month basis at the current monthly rate. Cancellations can be requested by emailing your home studio. 30 days prior to your auto-renewal date. Failure to timely cancel will result in autorenewal.

Six and Twelve Month Memberships are ineligible for cancelation prior to the term expiration without penalty, subject to any applicable Consumer Right to Cancelation, which is applicable to the initial date of purchase. Any requested cancelation prior to the term expiration will require a notice of at least 30 days in advance of the monthly billing date, and must be accompanied by an early termination fee. If you are on a six-month commitment, your early termination fee is equivalent to one month of your membership rate. If you are on an eleven- or  twelve-month commitment, your early termination fee is equivalent to two months of your membership rate if you are requesting a termination in the first six months of your term, or the equivalent of one month of your membership rate if you are requesting a termination in the last five months.  You must be on an active, unfrozen membership to request a termination. Terminations can be requested by emailing info@megaformer.com.

Class Packages refers to any purchase of a pre-determined allotment of classes to be redeemed at Megaformer in a given time frame. Unless otherwise specified, Class Packages are not subject to auto renewal. Classes purchased as part of a Class Package must be redeemed prior to the expiration date which accompanies the Class Package. No refunds will be given for expired and unredeemed classes.

All memberships and packages are subject to pricing changes, which will be reasonably communicated to you in advance of any pricing change.

Membership pause

Megaformer members can pause at least 30 days in advance of the requested pause for a fee of $25 per week unless excused for medical reasons.

Membership classes and booking restrictions

Any unused classes from 4-, 8-, or 12- memberships within the respective 30-day period will expire, and will not roll over to the next month. Classes from Class Packages will expire on a specified date after purchase and will not be redeemable after that date.

Unlimited memberships will be permitted to pre-book up to one class per day.

Consumer rights to cancellation

You have the right to cancel your purchase of Megaformer classes. Your right to do so may vary depending on the applicable laws of each state in which Megaformer operates studios. In general, you may cancel your initial purchase of a class, class package, or membership at any time before midnight of the third business day after the initial date of your purchase. Please note that this applies to the initial date of purchase for memberships that renew monthly. To cancel, e-mail, snail mail, or deliver a signed and dated notice which states that you are canceling your purchase, and send it to info@megaformer.com or Megaformer Studio Inc, 375 N La Cienega Blvd Ste 3, Los Angeles CA 90048

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDRUES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT. All notices that this agreement requires to be provided to Megaformer Studio should be sent to: legal@megaformer.com

1. Disputes that Must be Arbitrated This agreement to arbitrate applies to any Dispute between you and Megaformer Studio. “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between you and Megaformer Studio, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either of us seeks legal recourse for and that arises out of or in any way relates to your use or attempted use of the Activities, or the Megaformer Studio website or application(whether arising out of or relating to past, present, or future acts or omissions). Disputes that must be resolved by an arbitrator also include disputes over the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.

The exceptions to this arbitration requirement are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or our right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (vi) certain roles expressly specified for courts in the terms below.

2. Informal Resolution If you have a Dispute against us or if we have a Dispute against you, we will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and we will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day you or we receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms.

You must send any Notice of Dispute to the address for Megaformer Studio specified above, ATTN: NOTICE OF DISPUTE. We will send any Notice of Dispute to your registered email address and any address you have provided us. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought. The Notice requirement is designed to allow us (or you, in the case of a dispute we assert against you) to make a fair, fact-based offer of settlement if we or you choose to do so. You and we cannot proceed to arbitration unless this information has been provided. If you or we proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice to reimburse the other party for any arbitration fees and costs already incurred.

We hope you will try Informal Resolution first, and you must do so before commencing an arbitration, but you don’t have to before going to small-claims court.

3. Small Claims Court You and we agree that disputes that qualify for small-claims court in either the county where you live or the United States may be brought as individual actions only in such small-claims courts. To the fullest extent allowed by applicable law, you and we agree to waive the right to trial by jury in a small claims court.

4. Binding Individual Arbitration THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances do we consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.

You and we agree that Disputes will be resolved by binding individual arbitration conducted by JAMS, Inc. (“JAMS”),  www.jamsadr.com , according to the United States Federal Arbitration Act (“FAA”) and  federal arbitration law and according to the  JAMS Streamlined Arbitration Rules and Procedures in effect at the time the Dispute arises (the “JAMS Rules”), as modified by thisAgreement.

“Arbitration” means that Disputes between us will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

“Individual” means that the arbitrator may award the same remedies to you or to us as a court could, but only to satisfy your or our individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute.

“Binding” means that both you and we will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, this Agreement, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

5. Arbitration Procedure and Location You or we may initiate arbitration of Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with JAMS in accordance with the JAMS Rules. Instructions for filing a Demand with JAMS are available on the JAMS website or by calling JAMS at 1-800-352-5267. You must send any Demand for Arbitration to Megaformer Studio at the address specified above. We will send any Demand for Arbitration to the email address and to any physical address you have provided us.

The arbitration will be conducted by a single arbitrator. You and we both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by this Agreement.

For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in Los Angeles, unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the JAMS Rules.

The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and we agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim.

To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or us to satisfy one of our Individual claims (that the arbitrator determines are supported by credible relevant evidence).

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.

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.

Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

6. Consumer Arbitration Fees If you start an arbitration against us, you will pay the filing fee required for consumer arbitrations. If we start an arbitration against you, we will pay all filing fees, including the share that ordinarily would have been borne by you.

Arbitration costs do not include your attorneys’ fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise. Nothing in this provision should be construed as preventing the arbitrator from awarding attorneys’ fees to the prevailing party if applicable law and the JAMS Rules permit such awards.

7. Notice and Filing To the fullest extent permitted by applicable law, you or we must start arbitration of a Dispute within two (2) years from when the Dispute first arose. If applicable law requires you or us to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, you and we will not have the right to assert the Dispute.

8. Special Rules for Coordinated Filings If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases” and the arbitration provider will treat them as such, including with respect to its fee schedule for mass arbitration filings. Applicable statutes of limitations will be tolled for all claimants once they have provided compliant Notices of Dispute to us, but demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below.

Once Notices of Dispute have been provided to us for Coordinated Cases, counsel for claimants and counsel for us shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate half of the cases selected for bellwether trials. If counsel for claimants and for us do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall each select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases filed against us, resolution of your personal claim might be delayed by this bellwether process.

A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Once all bellwether trials have concluded (or sooner if the counsel for the claimants and us agree), the parties must engage in a single mediation of all remaining cases, with each side paying half the applicable mediation fee. Counsel for claimants and for us must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants and for us cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants and for us will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

If the mediation does not yield a global resolution, this arbitration requirement shall no longer apply to claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings, and those claimants may file their claims only in the state courts located in Los Angeles County, California, or, if federal jurisdiction exists, in the United States District Court for the Central District of California, and you consent as part of these Terms to the exclusive jurisdiction and venue of such courts for such cases; nothing in this paragraph shall be construed as prohibiting either you or us from removing a case from state to federal court if removal is allowed under applicable law; if a formerly arbitrable Dispute is brought in court under this paragraph, claimants may seek class treatment, but to the fullest extent allowed by applicable law, any class sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and we reserve the right to contest class certification at any stage of the litigation and on any available basis; and a court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

Class Action Waiver. To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent expressly provided above for Coordinated Cases), you and we will only bring disputes, claims, or controversies between us in an individual capacity and shall not seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity, nor consolidate or combine individual proceedings or permit another to do so without the express consent of all parties, and for avoidance of doubt, this class action waiver applies even if a court finds that a Dispute is not subject to mandatory arbitration.

California

5-DAY CANCELLATION RIGHT: You, the buyer, may choose to cancel your purchase of Megaformer classes at any time prior to midnight of the fifth business day after the date of first purchase (auto-renewals are subject to the 30-day notice policy). To cancel your purchase, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling your purchase, or words of similar effect. The notice shall be sent via first-class mail, via email, or delivered in person to: Megaformer Studio Inc or Mega La LLC 375 N La Cienega Blvd Ste 3 Los Angeles CA 90048

Cancellation of Purchases Requiring Payment of $1,500 to $2,501 or more:

• Purchase Requires Payment of $1,500 to $2,000: If this purchase requires payment of one thousand five hundred dollars ($1,500) to two thousand dollars ($2,000) you have a right to cancel this agreement at any time prior to midnight of the twentieth (20th) business day after the date of this purchase, excluding Sundays and holidays.

• Purchase Requires Payment of $2,001 to $2,500: If this purchase requires payment of two thousand one dollars ($2,001) to two thousand five hundred dollars ($2,500), you have a right to cancel this agreement at any time prior to midnight of the thirtieth (30th) business day after the date of this purchase, excluding Sundays and holidays.

• Purchase Requires Payment of $2,501 or More: If this purchase requires payment of two thousand five hundred one dollars ($2,501) or more, you have a right to cancel this agreement at any time prior to midnight of the forty-fifth (45th) business day after the date of this purchase, excluding Sundays and holidays.

Additional Cancellation Rights: You may cancel your purchase and receive a refund if you move more than 25 miles from a Megaformer location and Megaformer is unable to transfer the balance of your unused classes to a comparable facility within 25 miles of your new residence. You must provide written evidence of your move. You may also cancel your purchase in case of death or disability. Megaformer may require verification. If Megaformer eliminates or substantially reduces the scope of the facilities that were available upon the date of your purchase, you may cancel the contract and receive a pro rata refund on the terms indicated above, except that Megaformer reserves the right to make reasonable changes to the type or quantity of classes or equipment offered.

Florida

You may cancel your purchase of Megaformer classes, without penalty, within 3 days of first purchase (auto-renewals are subject to the 30-day notice policy), exclusive of holidays and weekends, by mailing or delivering a written notice of cancellation to: Mega Miami Inc, 375 N La Cienega Blvd Ste 3 Los Angeles CA 90048. You will receive a full refund of your purchase, less the cost of any used classes. A refund shall be issued within 30 days after receipt of the notice of cancellation.

If any studio in Florida goes out of business or moves its facilities more than 5 driving miles from its original location, and Megaformer fails to provide, within 30 days, a facility of equal quality located within 5 driving miles of the original location, you may cancel your purchase of Megaformer classes without penalty. You will receive a full refund of your purchase, less the cost of any unused classes (charged at the rate of a single class package).

A member’s notice of his/her intent to cancel shall be given in writing to the health studio. And that such a notice of cancellation shall also terminate automatically the consumer’s obligation to any entity to whom the health studio has subrogated or assigned the consumer’s contract. If the health studio wishes to enforce such contract after receipt of the notice, it may request the department to determine the sufficiency of the notice.

That if the department determines that a refund is due to the buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The. Business location of a health studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises:

• Upon sale, for not more than 14 consecutive days; or

• During ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in a calendar year.

You (or your estate) may cancel your purchase of Megaformer classes if you die or become physically unable to avail yourself of a substantial portion of those services which you used until the time of disability. You (or your estate) may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract is established by furnishing a certification of such disability by a physician licensed under Chapter 458, 459, 460 or Chapter 461 to the extent the diagnosis or treatment of the disability is within the physician’s scope of practice. You will receive a full refund of your purchase, less the cost of any unused classes. A refund shall be issued within 30 days after receipt of the notice of cancellation.

Should the studio go out of business, you should contact the Florida Department of Agriculture and Consumer Services for information within 60 days.

If the health studio requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the health studio will provide the buyer with the means of such identification.

SHOULD YOU CHOOSE TO PAY FOR MORE THAN ONE MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.

Texas

You may cancel your purchase of megaformer classes and receive a full refund of the payments made under the contract by sending, not later than midnight of the third business day after the contract date, written notice of cancellation, by certified mail to the following address: TMS Austin LLC, 1016 N Garfield St. Suite 104, Arlington, VA, 22201. You will be refunded within 30 days after the date notice is received.

You may also cancel your purchase of megaformer classes and receive a partial refund if megaformer closes a location and fails to provide alternative facilities not more than ten miles from the location of the original studio; (2) relocates the studio more than ten miles from its location preceding the relocation; or (3) fails to provide advertised services. A member who dies or becomes totally and permanently disabled after the date a contract is entered into may cancel a contract and receive a refund of unearned payment.

Virginia

If you wish to cancel this contract, you may cancel by making or delivering written notice to this health club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to Megaformer Inc 1016 N Garfield St. Suite 104, Arlington, VA, 22201.

If canceled within three business days, you will be entitled to a refund of all moneys paid. You may also cancel this contract if this club goes out of business or relocates and fails to provide comparable alternate facilities within five driving miles of the facility designated in this contract. You may also cancel if you become physically unable to use a substantial portion of the health club services for 30 or more consecutive days, and your estate may cancel in the event of your death. You must prove you are unable to use a substantial portion of the health club services by a doctor’s, physician assistant’s, or nurse practitioner’s certificate, and the health club may also require that you submit to a physical examination, within 30 days of the notice of cancellation, by a doctor, physician assistant, or nurse practitioner agreeable to you and the health club. If you cancel after the three business days, the health club may retain or collect a portion of the contract price equal to the proportionate value of the services or use of facilities you have already received. Any refund due to you shall be paid within 30 days of the effective date of cancellation.

Notice

ANY HOLDER OF THIS CONTRACT OR NOTE IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTORSHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

THIS CLUB IS NOT PERMITTED, PURSUANT TO THE VIRGINIA HEALTH CLUB ACT, TO ACCEPT ANY INITIATION FEE IN EXCESS OF $125 OR ANY PAYMENT FOR MORE THAN THE PRORATED MONTHLY FEE FOR THE MONTH WHEN THE CONTRACT IS INITIALLY EXECUTED PLUS ONE FULL MONTH IN ADVANCE.

FEES and CHARGES

In addition to your rights of cancellation and refund, you may cancel a reserved spot in a class and reschedule up to 12 hours before the scheduled class start time. If you cancel within this window, the class credit will be returned to your account to use at a future date, subject to any applicable expiration date for the class, package, or series.

Membership late-cancel and no-show fees

• Membership late cancellation (less than 12 hours before class): $20 fee and loss of the class credit.

• Membership no-show: $25 fee and loss of the class credit.

Class packs and promotional/single class holders

All class pack holders including class packages, single classes, new client specials, and promotional packages will incur a loss of class credit for any missed or late-cancelled class.

Fees and/or loss of credit may be waived or reversed only at Megaformer’s sole discretion.

ClassPass policy

ClassPass reservations and changes must be managed directly through ClassPass. Megaformer cannot make changes to a ClassPass scheduled class, ClassPass account, profile, or ClassPass attendance history. We cannot refund credits or refund Classpass late fees. You are responsible for managing your ClassPass reservations with your ClassPass app.

How to cancel your class

1. Log into your Member Portal and go to “My Schedule” to cancel your class.

2. Email info@megaformer.com to request a cancellation. A member of the Megaformer team may cancel the class on your behalf. (Processing time may vary; your cancellation is not confirmed until you receive confirmation or it reflects in your account.)

Available spots and late arrivals

• Spots may be released to waitlisted clients at the start of class.

• No entry will be permitted more than 5 minutes after class start time.

• If you plan to leave early, please inform the instructor before class begins.

Waitlist policy

• You may be moved from the waitlist into class as spots open. This may mean less than 1 hour before the class starts.

• If you are booked from the waitlist, you are responsible for that reservation and standard cancellation policies apply.

Indemnification

You agree to indemnify, defend and hold harmless MEGAFORMER, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ or legal fees) arising out of or related to (i) your access to and use of this Site or the Services, (ii) your violation of these Terms, (iii) your violation of any rights of any third party, including any copyright, trademark, trade secret, or privacy right, or (iv) your conduct in connection with the Site.

Privacy Policy

At megaformer we are committed to privacy and security. Any information that megaformer may obtain from you during your use of this Site is subject to our Privacy Policy, which is incorporated by this reference into these Terms. For the full text of our Privacy Policy, please click here. You understand that through your use of the Site or the Services, you consent to the collection and use of your information as set forth in the Privacy Policy. Our Privacy Policy may provide additional options to opt out of the sharing of this information.

Use of image and likeness

By using the services offered by the megaformer, you grant the megaformer an unrestricted, sublicensable, assignable, irrevocable, perpetual, worldwide, royalty-free license to your voice, image, persona, likeness, and performance in any audio, visual, and audiovisual recordings (including, but not limited to, photographs, digital images, digital video, digital audio, video tape, and audio tape) taken or to be taken by or on behalf of the megaformer during your participation in any activity hosted or sponsored by megaformer, including any free classes and content classes ( “Content”). This license includes without limitation the right to: (a) reproduce, modify, create derivative works of, and otherwise use the Content or derivative work thereof, in whole or in part, in any manner and matter or in combination with any other material, in any format or media, whether now existing or hereafter devised, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video, audio, and all formats of computer readable electronic, magnetic, digital, laser, or optical based media (“Works”); and (b) publicly display, publicly perform, sell, rent, distribute (directly or indirectly), transmit, or broadcast the Works by any means now known or hereafter devised. You waive the right to inspect, approve or edit any such use or reproduction, and megaformer may make all changes, modifications, rearrangements, additions or deletions in its use reproductions without any approval. This permission extends to all languages, media, formats and markets now known or hereafter devised.

Mobile terms of service

Your use of megaformer’s mobile message service (“Mobile Service”) constitutes your agreement to these additional terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to megaformer’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of megaformer through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Mobile Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include specials, cart abandonment, promotions, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with megaformer. Your participation in this program is completely voluntary.

We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Mobile Service at any time. Text the single keyword command STOP to +19259663754 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other megaformer mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Mobile Service support or assistance, text HELP to +19259663754 or email info@megaformer.com.

We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.

Disclaimer

EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. MEGAFORMER MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION ON THIS SITE. WITHOUT LIMITATION, MEGAFORMER MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS TO THE FULLEST EXTENT UNDER PERMITTED LAW ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, EXPECTATIONS OF PRIVACY, AND/OR NON-INFRINGEMENT.

MEGAFORMER does not guarantee the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if MEGAFORMER is aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Warranty disclaimer and limitation of liability

In no event will megaformer be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, your purchase of megaformer classes, your rights to cancel your purchase of megaformer classes, your registration for classes, your purchase of merchandise, your communication with megaformer, and your use of and attendance at megaformer’s studios, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if megaformer expressly advised of the possibility of such damage.

All information, goods, services, products and experiences are provided by megaformer on an “as is” basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. Megaformer provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

MEGAFORMER (OR ITS OFFICERS, DIRECTORS, AFFILIATES, SUBSIDIARIES, AGENTS, AND EMPLOYEES) WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. MEGAFORMER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF MEGAFORMER IS NEGLIGENT OR IF MEGAFORMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL MEGAFORMER BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. MEGAFORMER TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.

WITHOUT LIMITING ANY OF THE FOREGOING, IF MEGAFORMER IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT, IN ANY CALENDAR YEAR, EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR USE OF THE SITE OR $100. Any claim or cause of action you may have with respect to this Site, including without limitation your ability to access or use this Site, must be commenced within one (1) year after the claim or cause of action arose.

These disclaimers and limitations do not limit liability that cannot be excluded under the law.

Acceptance of terms

By using the Website or App, by buying megaformer classes, attending classes, and/or buying merchandise, you signify your acceptance of the Terms and Conditions. Occasional changes may be made to this document to reflect changes in megaformer’s policies. These Terms and Conditions may be revised at any time, in our sole discretion, by updating this posting, and you agree to be bound by any such revisions. We encourage you to check this document periodically to stay informed of our current guidelines. If we modify material terms to these Terms and Conditions, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may be via email, posted notice on the Website or App, or other manner. Your failure to cease use of the services after receiving notification of the modification will constitute your acceptance of the modified Terms and Conditions.

Jurisdiction

Except with respect to principles of conflicts of laws, any dispute arising from these Terms or from any other use of this Site shall be resolved in accordance with the laws of the state of California and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney’s fees and costs.

Severability

Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions.

Waiver

Failure or delay by megaformer to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by megaformer of any provision shall be deemed to have been made unless made in writing.

Contact Us

Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Site. You may contact us at legal@megaformer.com.

Read our Liability Waiver