Terms & Conditions
These Terms and Conditions (the “Terms and Conditions”) for WRII Corp. d/b/a/ THE WELL (“The Well” or the "Club") are intended to be a guide to the use of the Club. They are not intended to deal with all conceivable issues that may arise in connection with your use of the Club or its affiliated services. These Terms and Conditions are established by the Club and its affiliates to protect the Club, its affiliates and their respective employees, and to promote the health, safety, welfare and enjoyment of the members, guests and all other persons using the Club and receiving services from the Club and its affiliates. The Club is committed to providing all members and their guests with an enjoyable, beneficial and safe experience. To uphold these standards, members and guests are expected to act in a manner consistent with good taste. The Club may amend these Terms and Conditions from time to time as it determines appropriate in its sole discretion.
- Classes and Workshops: Please allow enough time to sign in before each class. Do not enter a class late or leave early unless you give the instructor prior notice. If you are just starting classes or one-on-one training, or have a preexisting injury or problems that prevent full participation, please discuss the situation with the instructor or trainer before class.
- Medical and Spa Appointments: The Club is affiliated with a medical practice, Lipman Medical Services, PLLC (the “PLLC” or the “Practice”), which is located within the Club. To schedule an appointment for medical or spa treatments, please contact reservations who will be able to schedule you. To ensure your preferred time and service is available we recommend booking in advance. All treatments and packages are guaranteed with your credit card on file. We recommend you arrive up to 25 minutes in advance of your treatment. Please be advised that late arrivals will result in a reduction of treatment time. For spa services, the Club will provide towels, robes, slippers and other amenities.
- Medical Appointments & Member Intake Form: Upon acceptance, members will be asked to complete a health survey, which shall be kept completely private and confidential between the member and the Club (except that upon your authorization, the Club may share this information with the PLLC). Club staff needs to be aware of any health conditions, allergies or injuries which could affect your choice of treatment when making your reservation. Similarly, upon your authorization, certain additional health information you provide to the PLLC (or that is contained in the PLLC’s files for you following your PLLC visit) may be shared with the Club solely for informational purposes and to help the Club meet your fitness and wellness needs. Again, any shared information between the Club and the PLLC will be kept completely confidential by the receiving entity. Moreover, you are under no obligation to authorize this sharing of information if you choose not to do so.
- Fitness Room: Guests may use the Fitness Room, locker rooms and restrooms if accompanied by the member. The Fitness Room is open seven days a week from 7:00 am to 10:00 pm. Hours are subject to change. Appropriate attire and shoes are required for safe use of the equipment. Fitness Room access is based on availability and Club staff have the right to deny access. Members and guests assume full risk of loss and responsibility for damage to their health or property.
- Outside Trainers, Coaches, Therapists: The use of non-Club trainers, coaches, therapists and other practitioners at the Club is strictly prohibited. Any services performed at the Club must be provided by Club team members and must be scheduled through our membership office.
- Revocation of Membership: The Club reserves the right to revoke and cancel any membership or the membership privileges of any member at any time for any reason without explicit explanation, upon refund of the pro rata portion of the member's dues paid by the member for the balance of the month or year (as applicable), but not the nonrefundable initiation fee. By way of example and without limiting the generality of the foregoing, the Club may revoke the membership of any member if the member violates any rules, regulations or policies of the Club or engages in any conduct (whether or not at the Club or directly related to the Club) deemed by the Club to be likely to endanger the welfare, safety, harmony or good reputation of the Club or its members or is otherwise improper as determined by the Club in its sole discretion. Cancelled memberships are non-appealable and at the sole discretion of the Club.
Gift Cards: Membership specific gift cards may be applied only toward the purchase of an annual membership and do not apply to food and beverage, services or merchandise. Gift cards are non-transferable, are not exchangeable for cash or replaced if lost or stolen. Gift cards expire 5 years from the date of issue.
- Guests: Members may bring guests to the Club using their monthly guest pass allotment or by purchasing additional guest passes. Each guest pass is good for one day and the member must be at the Club for the duration of their guest’s visit. A guest may not remain at the Club after the member has left and will be asked to wait in a designated waiting area if they arrive before the member has checked in. The member is fully responsible for their guest’s behavior and appearance, and for ensuring that guests comply with all Club Terms and Conditions. Exceptions to the guest policy must be pre-approved by Membership.
- Number of Guests per Visit: Except as set forth herein, members may bring up to 2 (two) guests age 21 (twenty-one) and over per month at no charge. Up to 4 (four) additional guest passes per month may be purchased by members at $75 each. A person under age 21 (twenty-one) may be permitted as a guest for an additional fee but only with the prior written (email) consent of the Club, which consent may be withheld in the Club’s sole discretion.
- Guest Charges: Guest charges for any services not paid for by the guest will be charged against the sponsoring member's Club account.
- Guest Booking Restrictions:
- Spa/Reflexology/Health Coaching: Members may book appointments for guests for massage and reflexology, health coaching, lectures and workshops.
- Medical Services, Physical Therapy, Acupuncture: Guests do not have access to the medical, physical therapy or acupuncture services furnished by the Club’s affiliated PLLC.
- Movement and Meditation Studio: Select classes will have designated spots available for guests depending on capacity and availability.
- Jacuzzi/Steam/Sauna: Guests have access to these amenities but must be accompanied by a member at all times.
- Number of Visits: An individual may visit the Club up to 6 (six) times in one year as a guest of a member.
FEES AND CHARGES
- Mandatory Credit or Debit Card Billing: All members shall provide the Club with one credit or debit card to which the member authorizes the Club to charge fees and charges, and the member shall substitute such credit or debit card with another credit or debit card when it expires or is no longer valid. In addition to charging the periodic membership fee to the card, any items or services furnished at the Club that are subject to a separate charge (e.g., spa services, meals) will be charged to the member’s card on the date the service is rendered. Members shall receive e-receipts of their charges.
- Unpaid Balances: All members agree to promptly pay directly to the Club any amounts not paid by the credit or debit card company upon written notice from the Club to the member. If any such charges are not paid within 5 (five) business days after written notice from the Club, a service charge of one and one-half percent (1.5%) per month (but not to exceed the maximum amount permitted by law) shall begin to accrue from the date of the written notice until payment is made in full. Failure to pay the membership fee within 5 (five) business days after written notice by the Club will result in suspension or termination of membership privileges including charging privileges until such time the debt is settled, but interest will continue to accrue during the period of suspension or following termination until the overdue balance is paid.
- Cancellations: A 100% charge will be incurred for any treatment (and by the PLLC for any medical appointment) not cancelled at least 24 hours prior to your scheduled time.
- Membership Card: Each member will be issued an "electronic" membership card bearing his or her name, member account number and member start year. Members MUST carry their membership card with them at all times at the Club. This card must be presented when using any of the Club’s facilities and making purchases. Membership cards are not transferable and are for the individual member's use only. In the event of a lost or stolen membership card, the Club must be notified immediately. Until notification of card loss or theft is received in writing by the Club, the member shall be responsible for all charges placed on the account. A card replacement fee as determined by the Club may be charged for lost or stolen membership cards or in any situation where the Club account number is changed.
- Additional Club Rights: If the account of any member is delinquent, the Club may at its option take whatever action it deems necessary to effect collection, including (in addition to suspension or termination of a membership) legal action. If the Club commences any legal action to collect any amount owed by any member or to enforce any other liability of any member to the Club, and if judgment is obtained by the Club, the member shall also be liable for all costs and expenses of such legal action and reasonable attorneys’ fees, including any fees required in connection with appellate proceedings.
- Towels, Robes and Slippers: Towels, robes and slippers received upon check-in must be returned to the reception area upon exiting the Club; failure to do so will result in a charge assessed to the member’s account.
GENERAL CLUB RULES
- Mobile Phones: To protect the relaxed atmosphere, members are not allowed to take or receive calls within the Club. Please be aware of your surroundings. Members should use devices (e.g., text and e-mail) so as not to interfere with another member's use and enjoyment of the Club.
- Press & Social Media: In addition to the Club’s policy asking for respect of member’s privacy, members should exercise discretion when posting about the Club on social media (Instagram, Twitter, Facebook, Snapchat, Personal Blogs, etc.). The Club also has a strict no press policy. Members will be held accountable if they or their guests disclose or identify any other members or guests who are at the Club.
- Lost and Found: The Club will not be responsible for the loss or damage to property of members and their guests at the Club. Any personal property which may have been left at the Club for six (6) months or more without payment of storage thereon may be sold or disposed of by the Club, with or without notice and the proceeds, if any, may be retained by the Club.
- Smoking: Smoking is not permitted anywhere in the Club.
- Drugs & Controlled Substances: No member or their guest shall bring, use, solicit or distribute any type of illegal drug or other substances. Violation of this rule will result in the immediate revocation of membership. The Club reserves the right to cancel any and all wellness treatments if the member or guest appears under the influence of alcohol or drugs.
- Children Policy: The Club is a 21+ facility. To request an appropriate exception, members should reach out to the membership office at least 24 hours in advance and the Club may accommodate on a case-by-case basis.
- Animals: No pets, with the exception of service animals (on a case-by-case basis and as approved by the Club), will be permitted at the Club.
- Dress Code: We want all members, guests and staff to feel comfortable. Appropriate clothing is required at the Club.
- Member Treatment of Employees and other Members: Members and their guests may not abuse or mistreat any of the Club's employees or other members, verbally or otherwise. Violation of this rule shall result in membership revocation or other disciplinary action as determined by the Club. All employees of the Club are under the supervision of the Club’s management team and no member or guest shall reprimand or discipline any employee, nor shall a member request an employee to leave the Club for any reason. Any employee not rendering courteous and prompt service should be reported to management of the Club immediately.
- Profanity: Profanity should not be directed at any staff, members or guests and should not be spoken so as to be heard by others.
- Damage Caused by Member: Every member of the Club shall be liable for any removal of property from the Club or property damage at the Club caused by the member or any guest of the member. The cost of such damage or removed item shall be charged to the responsible member's Club account.
- Hours of Operation: The following hours of operation are subject to change and the Club has the right to close from time to time for private events: Seven days/week: 7am-10pm
- Service Charge: For your convenience, a 20% service charge will be added to spa treatments and certain other services. In addition, a service charge will be added to all food and beverage sales. A member may increase or decrease the service charge percentage by signing the ticket invoice and changing the amount of the service charge as the member deems appropriate.
- Contact Information: Each member shall be responsible for filing with the membership office, in writing, preferably on a form provided by the Club, his or her mailing address, e-mail address and telephone number and any changes thereto, where the member wishes all notices and invoices of the Club to be sent. A member shall be deemed to have received mailings from the Club five (5) days after they have been mailed to the mailing or email address on file with the Club.
- Rules, Regulations, and Schedules: Each member agrees to abide by all the membership rules, regulations and schedules, which may be posted at the spa, fitness facility, or lobby areas or issued orally, and which may be amended from time to time, at the Club’s sole discretion. All prices and services are subject to change without notice. Food or beverage from outside vendors will not be permitted at the Club without prior written approval.
- Trademark Rights: All members and their guests shall not use the names, logos, colors, trademarks, service marks, photographs, trade dress or other identifying features of the Club without obtaining the specific prior written approval of the Club. The member hereby expressly recognizes that the Club’s marks are the valid, unique and exclusive property of the Club, its parent, affiliates and/or subsidiaries. Members and their guests may not produce, create or authorize others to produce or create the Club’s names or logos for any purposes whatsoever, included but not limited to, in any communications, marketing, advertising or other promotional materials (including but not limited to brochures, flyers, invitations, e-mail messages, etc.) that utilize the Club’s identifying names, logos, etc. without the Club’s prior written consent.
- Resignation: Membership to the Club remains active for 1 (one) year and is non-transferable. Should a member wish to cancel his or her membership midterm, the member must provide 90 (ninety) days written notice to the Club. The member will be entitled to a prorated refund (the refundable amount would be calculated from the end of the 90-day (ninety) period through the end of the member’s annual term).
Acceptance and Modification: Your access and use of any website, mobile site, Facebook site, Twitter page, Instagram platform or other social media channel owned and/or operated by the Club which includes the Club’s affiliated companies, now or in the future (collectively and individually, the “Site”) are governed by these Terms and Conditions. By accessing, browsing and/or using the Site you acknowledge that you have read, understood and accepted, without reservation, these Terms and Conditions, as modified from time to time by us. If you do not agree to these Terms and Conditions, do not use the Site. It is each member’s responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable, you should leave the Site and cease all use of the Site. Your continued use of the Site signifies that you agree to be bound by these Terms and Conditions as they are amended.
- Use of the Site: You may access, copy, download or print the content of the Site solely for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary rights notice contained in any information or other material you access, copy, download or print. Any other use of content on the Site, including but not limited to the reproduction, modification, distribution, transmission, or broadcast of the content of the Site, in whole or in part and by any means, is strictly prohibited. The Club or its licensors or content providers retain full and complete title to the content provided on the site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in The Club’s sole discretion. The Club neither warrants nor represents that your use of any content displayed on the Site will not infringe rights of third parties. You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading or printing any content made available on or accessed through the Site. You hereby covenant and agree that your use of the Site and any permitted use of such content shall not infringe any rights of any third parties.
- Username/Password: In the event the Site is ever structured such that you are able to create an account on the Site, you may be required to be at least eighteen (18) years old and create a username and password. In such event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you may agree to receive communications and promotional materials from the Club and its affiliated entities.
Information Deemed Non-Confidential: You acknowledge that you are responsible for any material you may submit via the Site or otherwise through the internet to the Club, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site or otherwise communicate to the Club through the internet any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place the Club under any fiduciary or other obligation.
- Rules for Using the Site: You agree to follow the conduct rules for the Site listed below:
- You will not use the Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
- Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
- You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
- You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
- You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
- You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.
Site Access: The Club may discontinue all or part of the Site at any time, in our sole discretion. The Club may block or limit your access to the Site, with or without notice to you, and without liability to you, if: (a) you violate these Terms and Conditions; (b) you violate any applicable law or regulation relating to your use of the Site; (c) you engage in any conduct which the Club, in its sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to the Club or others. To ensure that we provide a high-quality experience for you and for other users of the Site, you agree that we and/or our representatives may access and/or review information provided when you comment on the Site on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site.
Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
- Minors and Children: The Site may not be suitable for minors. Minors and children (persons under the age of 18) are encouraged not to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using the Site unsupervised, and/or by registering for an account, you warrant that you are 18 years of age or older.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that the Club does not endorse any of the products or services identified on such sites.
- Links: As a service to our visitors, our Site may contain hypertext links leading to other websites that are not operated or controlled by the Club. However, even if such third parties are affiliated with the Club, the Club has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of the Club. The Club is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third-party sites is entirely at your own risk.
Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME THE RISK OF AND ALL DAMAGES OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SITE. WITHOUT PREJUDICE TO THE WAIVER OF LIABILITY; DAMAGES SECTION BELOW, ANY AND ALL MATERIAL, INFORMATION AND ALL OTHER CONTENT ON THE SITE ARE FURNISHED TO YOU “AS IS” AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CLUB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
THE CLUB DOES NOT GUARANTEE THAT THE SITE OR ITS CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, MEET YOUR REQUIREMENTS OR WILL NOT BE INTERRUPTED, TIMELY, SECURE OR FREE OF ERROR. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE IS TO REFRAIN FROM USING THE SITE.
SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Any advice or information, be it oral or written, obtained from The Club or during the use of services made available on the Site, shall not give rise to any guarantees which are not expressly provided for in these Terms and Conditions.
- Termination: You agree that the Club in its sole discretion may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. In such event and with respect to any use of the Site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts. You agree that any actions taken under this Section may be effective without prior notice to you.
- Claims of Copyright Infringement: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to the Club a written notice by mail, e-mail or fax, requesting that the Club remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to the Club a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
WAIVER OF LIABILITY; DAMAGES
By acceptance of membership, each member acknowledges that the use of the Club and any privilege or service incident to membership is undertaken with knowledge of risk of possible injury or death. Member accepts any and all risk of injury or death to the member and member’s guests sustained while using the Club or while involved in any event or activity incident to membership in the Club. By acceptance of membership, each member agrees to release and hold the Club, any manager of the Club, their affiliates, their successors and assigns and their respective directors, officers, partners, members, shareholders, employees, representatives and agents and the members of any advisory committee (collectively, the "Released Parties") harmless from any and all loss, cost, claim, injury, damage or liability sustained or incurred by the member and member’s guests resulting from the use of the Club or the Site arising out of or incident to membership in the Club and/or from any act or omission of any of the Released Parties, unless caused by the gross negligence or willful misconduct of any of the Released Parties as determined by a final judicial finding or order. The member shall have, owe and perform the same obligation to the Released Parties hereunder in respect to any such loss, cost, claim, injury, damage or liability sustained or incurred by any guest or family member of the member.
Neither the Club nor any member may assert any claim against the other party on any theory of liability for special, indirect, consequential or punitive damages.
ACKNOWLEDGMENT OF RECEIPT
I hereby acknowledge receipt of these Terms and Conditions. I have read and understand and agree to be bound by the terms and conditions thereof as the same may be amended from time to time by the Club. I further acknowledge that in order to acquire membership privileges in the Club, I must submit electronically or deliver to the Club a fully completed and signed Membership Agreement, along with a Credit Card Authorization.
AMENDMENTS TO THE RULES OF THE CLUB
The Club reserves the right, at our discretion, to change modify, add or remove portions of the these Terms and Conditions at any time. The Club may change these Terms and Conditions and other rules of the Club by displaying notification of such change on the Site or otherwise by notifying members.