Alter Terms of Service

Revision: July 9, 2022

These are the Terms of Service between you on the one hand and Ripped Management LLC, AlterMelrose LLC, dba Alter, and Eat the Universe LLC (collectively, “Alter”, “Club”, “we”, or “our”) on the other hand.

Please review these Terms of Service thoroughly as they constitute a legal contract between you and Alter. By using the Services offered at Alter, you are agreeing to these Terms of Service.  

Services

1.           SERVICES Alter is an athletic club and fitness studio offering open gym access, personal training, group fitness, seminars, mobile apps (“Apps”), websites (“Sites”), and associated amenities, among other services (“Services”). These Terms of Service govern your access to these Services.  A current list of Services, facilities and hours of access are available on Alter's website at https://www.alterclubs.com.

1.1.        LOCATION The address of the Club is 605C N West Knoll Dr, West Hollywood, CA 90069. Should you need to give notice or communicate with Alter in writing, the mailing address is Alter Melrose LLC, 1920 Hillhurst Avenue, Unit #V944, Los Angeles, CA 90027.

2.         ACCESSING THE SERVICES AND ACCOUNT SECURITY To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.

By using the Services, you represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or guardian has consented to these Terms and your use of the Services. Persons under 15 years of age may use the Services only if accompanied by a parent at all times.  (See Section 31 below.)

From time to time, we may restrict access to some or all parts of the Services, including gym access, group fitness, the Sites, and Apps.

In order to access some Services available on the Sites and Apps, you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.

3.         MOBILE SERVICES Some of the Services may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Alter classes via your mobile phone, (ii) the ability to receive and reply to Alter messages, (iii) the ability to browse Alter from your mobile phone and (iv) the ability to access certain Alter features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”).  We do not charge for the Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, it any, may be applicable to your use of such Mobile Services.

4.        PROHIBITED USES You may use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:

4.1.      For any purposes that are unlawful or that could violate any applicable federal, state, local, or international law or regulation;

4.2.   To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.

Additionally, you agree not to:

4.3.   Use the Services for any commercial purpose, unless otherwise agreed in writing by Alter management;

4.4.   Use the Services in any manner that could disable, overburden, damage, or impair the Sites or Apps or any other party’s use of the Services;

4.5.   Use any robot, spider or other automated device, process, or means to access the Services for any purpose;

4.6.    Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

4.7.    Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;

4.8.   Otherwise attempt to interfere with the proper working of the Services.

Membership and Billing

5.         MEMBERSHIP TYPES Alter offers multiple types of membership (Open Gym Unlimited, Group Fitness Unlimited, Group Fitness Limited, Open Gym + Group Fitness Unlimited, Packages, and some combinations thereof) as well as multiple commitment levels to those membership types (Month-to-Month, Term Commitment memberships, or some combinations thereof). We may change these types and commitment levels from time to time. A current listing of membership types, commitment levels, and their combinations is available on the Sites and/or Apps or from an Alter salesperson or manager.

6.         CLASSES, SESSIONS, AND PACKAGES Alter offers access to various Services, particularly Group Fitness Classes and Personal Training Sessions, as individual sessions or classes or as packages in various quantities (e.g., 5 Group Fitness Classes, 10 Personal Training Sessions, etc.). Packages, classes, and sessions may be purchased on their own or in combination with Memberships in various configurations. We may change these packages, classes, and sessions from time to time. A current listing of packages, classes, and sessions is available on the Sites and/or Apps or from an Alter salesperson or manager.

7.          BILLING DATE You must keep your membership payments current in order to use the Services.  All Memberships are paid in advance.  Month-to-Month Membership and One Year Term Commitment Membership paid monthly shall be billed on the first day of every month via automatic debited payment (credit card, debit card, or automatic checking account (ACH) draft), except as described in PRORATION below. Additional terms regarding the automatic debited payments are outlined below. One Year Term Commitment Membership Paid in Full shall be billed at the time of becoming a Member.

7.1.       PRORATION If you sign up for a Month-to-Month or Term Commitment Paid Monthly membership on any day other than the first of the month, your membership for that first month shall be charged on the day you sign up and will be prorated for the number of days left in that month.

For example, if you sign up on June 15 (a month with 30 days) at a rate of $200 per month, there are 15 days left in the month. $200 / 30 days in June * 15 days left in June = $100. You will then be charged $100 on June 15, and starting July 1 and going forward every month you will be charged $200.

7.2.    CONVERSION TO MONTH-TO-MONTH Term Commitment Paid Monthly and Term Commitment Paid in Full memberships both automatically convert to Month-to-Month memberships at the end of their term at the then-prevailing rate for Month-to-Month memberships. If you wish to purchase another Term Commitment, you must speak with an Alter salesperson or manager and execute another Term Commitment Addendum.

8.         PURCHASING MEMBERSHIPS You agree that when you use the Sites or Apps to make a purchase, and by using the Services, that you will be bound by these Terms of Service and Alter’s separate Liability Waiver Agreement.  A Term Commitment Membership will require acknowledgment and execution of an addendum to these Terms of Service.

9.         CHANGING MEMBERSHIPS You may change your membership (e.g. Month to Month to Term Commitment; adding Open Gym Membership to Group Fitness Membership) by using the Sites and/or Apps or by talking to an Alter salesperson or manager, provided that you will be responsible for the ongoing payment of any additional monthly fees associated with such change, if any. Any such change shall be prorated for the rest of the month as of the day you elect to make the change and then charged in full starting on the first day of the following month. Term Commitment memberships cannot be changed during their term, but additional memberships may be purchased.

10.     CANCELING MEMBERSHIPS Month-to-Month memberships may be canceled by giving Alter one calendar month’s written notice before your next billing cycle starts. If you give notice after this date, the cancellation will be effective as of the billing cycle after the next one. For example, if you wish your cancellation to be effective starting on July 1, 2022, you must notify Alter in writing by June 1, 2022; if you give notice any time after June 1, 2022, your cancellation will be effective August 1, 2022. Such notice must be given and confirmed in person to a manager at Alter or by certified or registered mail.

Term Commitment Paid Monthly, Term Commitment Paid in Full memberships and all Packages generally may not be canceled or refunded except under the following circumstances:

10.1.       If upon a doctor’s order, you cannot physically use the Services because of significant physical disability for a period of more than six months. If for less than six months, you may put your membership on Freeze, as described in section 11 below.

10.2.     If you die, in which case your estate shall be relieved of any further obligation for payment under the contract not then due and owing.

10.3.     If you move your residence more than twenty-five miles from Alter and provide proof of new residence in the form of a lease agreement, mortgage statement, or water, power, or trash bill. Mobile phone bills are not acceptable. Note that Alter understands you may not have access to such documents even though you know that you will be moving sometime in the near future. In that case, you may notify Alter of your intent to move, and you will have until your actual cancellation effective date to supply us with the appropriate proof. If you do not supply proof by that date, your membership shall continue for another full month or until you provide that proof, whichever is longer.

10.4.    If, within the first twelve months of your membership, your employment is involuntarily terminated without cause. You must provide a letter from your former employer confirming termination of employment and the reason for termination.

10.5.     If at any time during the term of your Membership and/or use of the Services, Alter eliminates or substantially reduces the scope of the facilities.  However, you may not cancel your Membership or Package if Alter, after giving reasonable notice to its members, temporarily takes facilities out of operation for reasonable repairs, modifications, substitutions, or improvements. This shall not be interpreted to give you the right to cancel because of changes to the type or quantity of classes or equipment offered and the changes to the type or quantity of classes or equipment offered are reasonable under the circumstances.

10.6.     All monies, except the initiation fee, paid pursuant to such contract cancelled for the reasons in this section shall be refunded, except that Alter may retain the expenses incurred and the portion of the total price representing the Services used or completed, and that Alter may demand the reasonable cost of goods and services which you have consumed or wish to retain after cancellation of the contract.

10.7.     In no instance shall Alter demand more than the full contract price from you. If you have executed with Alter any credit or loan agreement to pay for all or part of the Services, such negotiable instrument shall also be returned to you within fifteen days.

10.8.     PROMOTIONAL MONTHS You agree that if you received any free months, classes, sessions, or packages as an inducement to become a Member or as a result of referring new members, such free months shall not be considered in computing the amount of any refund to which you shall be entitled.

11.       MEMBERSHIP FREEZE POLICY You may put your membership on hold, in one-month increments, for up to three (3) calendar months, with a maximum of two freeze requests per calendar year. A fee of $25 will be charged per freeze request for Term Commitment Memberships. Notice of intent to freeze your account must be submitted to Alter via email at hello@alterclubs.com no less than seven (7) business days prior to the freeze date. Because of the nature of email, it can sometimes encounter delivery problems. If you are concerned that your freeze request was not received, it is your responsibility to follow up with Alter to ensure it was processed. The freeze request must state both the freeze start date and reactivation date. Freezes begin on the freeze start date and are reactivated on the reactivation date. Members who provide insufficient notice will not be guaranteed a timely stop on billing. Your Membership fee will be prorated according to the time used. Membership will not be charged during the freeze period. Billing will resume automatically upon the end of the freeze period.

12.     AUTO-DEBIT You must keep a credit card, debit card, or checking account on file using your Alter account online. By placing a card or checking account on file, the cardholder or account holder gives permission to Alter to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the Alter policies detailed in these Terms of Service.

By enrolling in an auto-debit contract, you authorize Alter to, on a recurring basis, automatically charge the debit card, credit card, or checking account you specified, for the monthly payments on your auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that:

12.1.       In the event of a declined credit card, debit card, or ACH draft, your account will be immediately suspended until you update your payment information and confirm that your membership dues have been paid in full.  Additionally, you will be charged $25.00 each time this occurs.

12.2.     Alter will initiate transfers/charges pursuant to this authorization not to exceed the amount shown agreed to, and/or in connection with purchases you elect to make using the Sites or Apps, and/or in connection with cancellation fees per the cancellation policy. Alter may discontinue processing of recurring charges if it is unable to secure funds from your account(s) due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided.

12.3.     The Alter booking system allows for booking through the week regardless of the billing date of your contract.

12.4.    If you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, you will be removed from any classes past the subsequent billing date and notified via electronic mail.

12.5.     If you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and you will not be given any priority in waitlisted classes.

12.6.     It is your responsibility to keep a current card on file with accurate billing information. Alter cannot be held responsible for errors in processing due to expired or inaccurate information.

13.     UNPAID BALANCES If we are required to initiate collection efforts against you, you will be obligated to pay any collection and/or legal costs incurred by Alter for collection of any fees.

14.    REFUND POLICY All memberships, sessions, classes, and packages are non-refundable unless otherwise provided for in these Terms of Service. There are no exceptions. Please be modest in your initial purchases, to make sure you like us, can reach the venue, and like what we do before making extravagant purchases.

Unused merchandise with tags still attached will be accepted for a full refund within 7 calendar days of purchase. After 7 days, a store credit will be issued for up to 30 days. No returns will be allowed without a receipt.

For questions or support with online purchases or returns, please contact hello@alterclubs.com.

Group Fitness

15.     RESERVING CLASSES You are solely responsible for the booking and cancelling of your classes. You may reserve class spots online through the Sites or Apps, by calling Alter during normal business hours and confirming with Club staff, or through other options which we may make available from time to time.

16.     SIGN-IN You are required to check in with the front desk and enter your scheduled class no later than 5 minutes before the scheduled start time. If you do not check in and enter their classroom by this time, it is considered a no-show and Alter reserves the right to assign the spot to another person on the waitlist, as well as charge a no-show fee (detailed below in section 18).

17.      CANCELLATIONS Reservations may be cancelled without penalty by cancelling up to 12 hours prior to the class start time. This must be done online through the Sites or Apps, or by calling the Club during regular operating hours and confirming with studio staff. Once the class is cancelled within this time, the class will be returned to your account, and you will not be charged the cancellation fee.

Cancellations via email, Facebook messenger, Instagram or other social media, voice message, or text message are not valid and if you attempt to cancel a class this way, you will be charged the no-show fee.

18.     PACKAGES + GROUP FITNESS LIMITED MEMBERSHIPS If you cancel less than 12 hours before a class starts, a late-cancel fee of $15 will be charged to your account and the class will be returned to your account. If you do not have a working card on file, your class will be forfeited instead. If you do not cancel and do not show up to your scheduled class, a no-show fee of $25 will be charged to your account and the class will be returned. If you do not have a working card on file, your class will be forfeited instead.

19.     GROUP FITNESS UNLIMITED MEMBERSHIPS If you cancel less than 12 hours before a class starts, a late-cancel fee of $15 will be charged to your account. If you do not cancel and do not show up to your scheduled class, a no-show fee of $25 will be charged to your account. If you are on an auto-debit contract or unlimited package and do not have a working card on file for such fees, your package will be reduced by one day and your auto-debit contract will be suspended upon the subsequent month’s renewal.

If you book multiple classes, or waitlist multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. Alter cannot be held responsible for accidental bookings by Members, double bookings, or double waitlisted classes. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.

20.   WAITLIST In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. If you add yourself to a waitlist, you are solely responsible for managing your bookings and for cancelling your classes within the bounds of the cancellation policy. The system will auto-populate Members into class from the waitlist as soon as other Members with confirmed spots cancel, and class slots will be assigned as such. Alter staff cannot move class slots for Members in classes that are completely full with waitlists.

Rules and Regulations

21.     RULES, REGULATIONS, AND SCHEDULES You agree to abide by all the membership rules, regulations, and schedules of the Club, which may be posted at the Club or issued orally, and which may be amended from time to time, at Alter’s sole discretion.

22.   CHANGES TO THE TERMS OF SERVICE Alter reserves the right to modify these Terms of Service at any time, in our sole discretion.   It is your responsibility to make sure that you are aware of the current Terms that pertain to your membership.  We will post a notice online if any changes are made to these Terms.  

Your continued use of the Services will constitute your acceptance of the modified Terms.

If you disagree with any such material changes, you agree to discontinue any use of the Services immediately.

23.   INDEPENDENT CONTRACTORS From time to time we may make available to Members and their guests the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to Members or their guests for any period of time, and hereby disclaim all liability arising out of such services.

24.  GUESTS AND NON-MEMBERS Member’s guests and certain non-members (such as clients of Independent Trainers) are permitted in the Club, but only pursuant to such rules, regulations, fees, and schedules for such guests as may then be in effect. The Club reserves the right to exclude any guest or non-member whose use of the facility, in the sole opinion of the Club, would be detrimental to the Club or any of its Members. All guests and non-members must register at the front desk and sign a waiver, every time they visit.  Guests and non-members are allowed to use the Services and the gym only for the session for which they have been admitted to the gym, such as a training session, and may not remain in the gym thereafter.  (See Section  25 below.)

25.   NON-MEMBER CLIENTS OF INDEPENDENT TRAINERS Being a client of an Independent Trainer does not confer any privileges to use any of the Services beyond those directly being offered by the Independent Trainer during a scheduled session.  Non-member clients of Independent Trainers may only use the Club for 5 minutes before and 5 minutes after a given session.  Non-member clients of Independent Trainers are encouraged to become a Member should they wish to use any other Services.

26.   CHECK-IN, ACCESS CONTROL, AND TAILGATING Various parts of the Club are accessible only via automated door or elevator access control, which require an App install on a recent Android or iOS smartphone. Other parts are served by our main front desk. Your access to the Club as a Member is for you and you only. If you wish to bring a guest, you must check in with the guest at the main front desk, where they will be granted their own access control.

For any part of the Club with automated door access control, you agree to use the access control App to check in to the Club every time you enter, without exception. If you arrive in a group of people, you agree to allow each person to enter one at a time, such that each person’s individual access is affirmatively confirmed via the App.

“Tailgating” is either allowing anyone else to follow you into the Club based on your check-in or entering the Club yourself based on someone else’s check-in. Tailgating is strictly prohibited and will result in termination of your Membership without recourse or refund.

27.   CONDUCT/DAMAGES Alter is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Alter’s rules and regulations or who abuse equipment or people in any fashion will be asked to leave. Alter has the right to judge behavior and respond accordingly in its sole discretion. This right includes, but is not limited to, termination of Membership without refund to any Member engaging in unacceptable behavior. The Member shall pay for any damages to Alter property which results from the willful or negligent conduct of the Member, Member’s guest, or Member’s dependent child. Not all rules and regulations are listed in these Terms of Service, and as indicated above, Alter reserves the right to add, change or remove rules, conditions of Membership, opening and closing hours, and all Services and facilities offered by Alter

28.   MEMBER’S OBLIGATIONS If you fail to use the Club’s facilities, we will not relieve you from your obligations to make payments agreed to, and no deduction from any payments shall be made.

29.   LOCKERS Lockers are provided solely for the benefit and convenience of Members. Management will remove any articles left in a locker overnight. Alter is not responsible for lost or stolen items or articles left in lockers beyond the expiration date of such rental. By being a Member, you release Alter from any and all claims, demands, suits, complaints, causes of action or any liability for loss, theft or damage to your personal property while using a locker on the premises. Storage of illegal substances, firearms, and toxic or volatile chemicals is prohibited and punishable by law.

30.   VALUABLES AND PERSONAL PROPERTY Members are urged to avoid bringing valuables onto Club premises. Alter shall not be liable for the loss or theft of, or damage to, the personal property of Members or guests.

31.     CHILDREN’S USE Children under 15 years of age may use the Club only during a previously announced Club-sponsored activity and must be accompanied by a parent AT ALL TIMES. Some children’s programs require fees to be paid in advance. Alter has the right to discontinue usage by any child whose behavior is offensive to any other Member or who is unsupervised.

32.   DRESS CODE Proper athletic attire and footwear are required. No open-toed shoes or sandals are permitted. Barefoot training is only allowed at squat racks, cages, and platforms, and shoes must be worn if you leave that area. Shirtless training is currently permitted so long as you wipe down the equipment with the antiseptic wipes available throughout the Club. Management has the right to enact any remedy if the proper attire is not worn. Alter may modify the Dress Code at any time.

33.   NON-ALTER PERSONAL TRAINERS The only trainers who may train you in the Club are either Alter Personal Trainers or Independent Trainers approved by Alter. All other trainers are prohibited. Members may not personally train other members.

34.  MEMBER’S HEALTH WARRANTY By agreeing to these Terms of Service and using the Services,  you represent that you are in good health and have no disability, impairment, injury, disease, or ailment preventing you from engaging in active or passive exercise or which would cause increased risk of injury or adverse health consequences as a result of naïve or abusive exercise.

35.   TERMINATION & SURVIVAL We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any membership that you have purchased, at any time, for any reason, by following the instructions on the “My Account” page or by contacting the Club directly via phone or email, subject to Section 10 of these Terms of Service and all of the other rules regarding cancellation and notice contained in these Terms of Service.  We may terminate your account or membership at any time, without warning, if you breach the Terms of Service. If we terminate your account or membership because you have breached the Terms of Service, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or class packages.

The following provisions will survive termination of your Membership: Sections 35 (Termination & Survival), 36 (Intellectual Property Rights), 37 (Assignment), 40 (Legal Disputes), and 41 (Indemnification).

36.   INTELLECTUAL PROPERTY RIGHTS The content on the Sites and Apps, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Alter, subject to copyright and other intellectual property rights under the law.  Content on the Sites is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  We reserve all rights not expressly granted in and to the Sites and the Content.  You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or Services provided by you to Alter are non-confidential and shall become the sole property of Alter.

You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.  You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Sites or the Content therein.

Alter’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Alter.

37.    ASSIGNMENT You may not assign or transfer any of your rights or obligations under these Terms of Service without the prior written consent of Alter management. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer our rights and duties under these Terms of Service, which inure to the benefit of and are binding upon the parties and their respective legal representatives, successors, and assigns.

38.   ENTIRE AGREEMENT & NO WAIVER The mutual covenants, obligations and undertakings of the Parties as set forth above are the sole consideration for these Terms of Service.  These Terms, the Liability Waiver Agreement, and the Privacy Policy contain the entire agreement between us, and any and all prior negotiations, representations, and communications of any kind, whether oral or written, concerning the subject matter of these Terms are superseded by these Terms and are without any force or effect.  You may not modify or amend these Terms unilaterally.  If any provision of these Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.  Additionally, if a court should determine that any provisions in these Terms are unenforceable, the parties intend that the court should, if possible, reform and enforce the provisions to the extent reasonable and enforceable.

No waiver of any  of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

39.   SERVICES INTERRUPTIONS Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.

40.  LEGAL DISPUTES

40.1.    INITIAL DISPUTE RESOLUTION We are available by email at hello@alterclubs.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. You and Alter agree to first use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit.

40.2.  EXCLUSIVE VENUE FOR LITIGATION AND GOVERNING LAW You and Alter expressly agree that any litigation between us shall be filed exclusively in state or federal courts located in the county in which the gym is located and governed by the laws of the State of California, without giving effect to any principles of conflicts of law.

40.3.  In the event of any dispute arising out of these Terms of Service, the prevailing party or parties in any such dispute shall be entitled to recover their reasonable attorneys’ fees and costs incurred in resolving the dispute.

41.    INDEMNIFICATION You agree to release, indemnify, and defend Alter and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each, from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; and/or (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

42.  UNATTENDED HOURS Because the Club is open round the clock, you acknowledge that the Club may be unattended at times when you may be using it. By using the Club at such a time, you expressly assume any and all risks associated with your usage of the Club when it is unattended.

43.  NOTIFICATIONS
We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Sites. Alter is not responsible for any automatic filtering that you or your network provider may apply to such notifications.

44.  INTERPRETATION In construing or interpreting these Terms of Service, headings are for convenience only, and not to be considered as part of the Terms of Service.

You, the buyer, may cancel  your membership at any time prior to the midnight of the fifth business day of the Club after you have signed up as a Member, excluding Sundays and holidays. To cancel this membership, mail or deliver a signed and dated notice, or send an email to hello@alterclubs.com which states that you, the buyer, are canceling your membership, or words of similar effect. The notice shall be sent to Alter Melrose LLC at 1920 Hillhurst Avenue, Unit #V944, Los Angeles, CA 90027.

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