fbpx

Formula Running Center

Terms and Conditions

NOTICE: ANY HOLDER OF THIS CONTRACT 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 DEBTOR SHALL 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. 

Please read these Terms and Conditions (these “Terms and Conditions” or this “Agreement”) carefully before using (i) www.formularunning.com and/or the Formula Running Center mobile applications (collectively, the “FRC Sites”) operated by HD Fitness, LLC and/or any subsidiaries (including HD Fitness Property I, LLC) and affiliates thereof d/b/a Formula Running Center (“FRC”, “us”, “we”, or “our”), and/or (ii) any of the services or amenities or attending any events, programs, workshops or seminars offered by us, including, without limitation, exercise classes, yoga classes, foam rolling and/or stretching classes and any other recovery services (including, without limitation, whole body cryotherapy, infrared sauna, compression sleeves, cold water soaking tub, massage therapy or any other massage or related services, cold therapy and hot therapy) (collectively, the “Recovery Services”), any assessment services (including, without limitation, running gate analysis, VO2 max testing, resting metabolic rate (RMR) testing, body composition analysis, fitness consultations and counseling, nutritional consultations and counseling and any other fitness assessments) (collectively, the “Assessment Services”), personal training services, training program services, educational programs, seminars and workshops, promotional events, and social events or gatherings, locker rooms, the “recovery room” (which includes the communal room, the infrared sauna room, the massage room and the cryotherapy room), lockers, “pit stop” services and any other services or amenities whatsoever offered by us, in all cases, whether in FRC facilities or outside of FRC facilities (collectively, “FRC Services”, and together with the FRC Sites, the “FRC Offerings”). These Terms and Conditions set forth the legally binding terms and conditions for your use of the FRC Offerings, and constitute a binding, contractual agreement between FRC and you regarding your use of the FRC Offerings.  In addition, these Terms and Conditions contain important information regarding your legal rights, including, without limitation, your Acknowledgment of Risks (as set forth in Sections 1, 2 and 3 of these Terms and Conditions), your Waiver and Release (as set forth in Section 4 of these Terms and Conditions) and your agreement to Arbitration and Waiver of Class Relief (as detailed in Section 16j (Arbitration) of these Terms and Conditions).    

By accessing or using in any manner any of the FRC Offerings you agree to be bound by these Terms and Conditions and any other rules, regulations or terms of which are made available to you in connection with the FRC Offerings, each as amended, modified or supplemented from time to time.  You further agree that these Terms and Conditions apply to all uses of the FRC Offerings, both prospectively and retroactively. You are only authorized to use the FRC Offerings (regardless of whether your access or use is intentional or unintentional) if you agree to abide by all applicable laws and to these Terms and Conditions. Please read these Terms and Conditions very carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you if you use the FRC Offerings. If you do not agree with these Terms and Conditions in any way, do not use or otherwise discontinue use of all FRC Offerings immediately. If you wish to become a client of FRC, you must read these Terms and Conditions and indicate your acceptance during the registration process.  By accepting these Terms and Conditions you acknowledge that you have carefully read these Terms and Conditions and fully understand the terms of these Terms and Conditions.

1. GENERAL ACKNOWLEDGEMENT OF RISKS

 You acknowledge, represent and agree on behalf of yourself, your heirs, your beneficiaries, your dependents, your personal representatives and/or your assigns as follows: (a) that you understand that the use of the FRC facilities and the FRC Services (including outdoor activities that take place outside of the FRC facilities) involves routines of highly intense and strenuous athletic and physical fitness activities and potentially detrimental physiological changes (including pressure, temperature and oxygen changes) and that participation in such intense and strenuous activities and detrimental changes inherently involves health and injury risks and dangers to persons and property (the “Risks”), which can be very serious, and include death, and you understand and knowingly accept the Risks and have voluntarily chosen to participate in such intense and strenuous and potentially detrimental FRC Services; (b) that you understand that the Risks cannot be eliminated regardless of the care taken to avoid the Risks; (c) that you understand that FRC and its agents and/or employees do not control the areas in which any outdoor activities take place, or the public sidewalks and streets that you may traverse to get to and from the location(s) of the FRC facilities or any outdoor FRC Services; (d) that you are in good physical condition and have no disabilities, diseases, illnesses or other conditions (medical, mental, physical or otherwise) that could prevent you from exercising and using the FRC facilities or using, or participating in, the FRC Services without injuring yourself or impairing your health or increasing your risks, or that would put any other persons (including FRC staff and other FRC clients, invitees or guests) in any physical or medical danger; (e) that you have recently received medical clearance and approval from a licensed physician to participate in the FRC Services, and the FRC Services will not expose you to risk of injury or impairment to your health; (f) that it is your sole responsibility, at all times, to continue to medically monitor, with your physician, your physical condition in relation to your ability to use the FRC facilities and use, and participate in, the FRC Services; and (g) that you are 16 years of age or older, and if you are 16 or 17 years of age you are only allowed to participate with, and will only participate with, a parent or legal guardian present.  

You understand that risk of injury includes, but is not limited to, (i) injuries and medical disorders arising from or relating to the use (and participation) by you or your dependent(s) or others of the FRC facilities and FRC Services, including, without limitation, heart attack, stroke, death, abnormal blood pressure, abnormal heart beats, fainting, heat stress, sprains, strains, broken bones, torn muscles, tendon and ligaments; accidental injuries (including those caused by you, those caused by other persons and those of a slip and fall nature) occurring anywhere in the FRC facilities, including, without limitation, lobbies, hallways, exercise areas, locker rooms, waiting areas, “pit stop” areas, the “recovery room” (which includes the communal room, the infrared sauna room, the massage room and the cryotherapy room), enclosed or fenced off outdoor areas adjacent to the FRC facilities and dressing rooms or anywhere the FRC Services are taking place or while you are traveling to or from the FRC Facilities; and (2) injuries and medical disorders arising out of participation in outdoor activities, including, without limitation, such as those arising out of falls, contact with other participants, weather conditions (heat, cold, humidity, wind, rain, hail, sleet, and snow), pedestrian, bicycle, and vehicular traffic, falling tree branches or other overhead objects, uneven or hazardous terrain, allergic reaction to airborne allergens and pollution, any plants, animals, insects or anything else whatsoever you may come into contact with, and the actions or inactions of other persons (including, without limitation, negligent or criminal activity or any other behavior whatsoever) of persons (whether connected or unconnected to FRC) who may be present in locations in which the outdoor activities take place or traveling to and from any outdoor activities. 

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air.  People reportedly can be infected and show no symptoms and therefore spread the disease.  The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19.  Evidence has shown that COVID-19 can cause serious and potentially life threatening illness and even death.  You acknowledge, represent and agree on behalf of yourself, your heirs, your beneficiaries, your dependents, your personal representatives and/or your assigns as follows: (a) that you understand that the use of the FRC facilities and the FRC Services (including outdoor activities that take place outside of the FRC facilities) involves the risks (collectively, “Virus and Bacteria Related Risks”) of exposure, contamination, contraction, infection and/or spreading of viruses (including COVID-19) and bacteria (collectively, “Viruses and Bacteria”), and the Virus and Bacteria Related Risks can be very serious, and include death, (b) you understand and knowingly accept the Virus and Bacteria Related Risks and have voluntarily chosen to use of the FRC facilities and the FRC Services (including outdoor activities that take place outside of the FRC facilities) and be subject to the Virus and Bacteria Related Risks, and (c) you understand that the Virus and Bacteria Related Risks cannot be prevented or eliminated regardless of the care taken to avoid the Virus and Bacteria Related Risks.  

You understand that it is your responsibility to regulate the scope and intensity of your participation in the FRC Services so that you are not overtaxed, and you agree that you will do so and will immediately cease to use the FRC Services if you begin to feel ill, weak or otherwise experience unusual changes and will seek immediate medical attention from a physician of your own choosing and at your sole cost and expense.  If you have any special exercise requirements or limitations (including pregnancy), you agree to disclose them to FRC and the FRC staff before using the FRC facilities or before using, or participating in, any FRC Services.  You hereby agree that all use of the FRC facilities and the use of, and participation in, the FRC Services are undertaken by you at your sole, absolute and ongoing risk.  At all times, you shall comply with all stated and customary terms of service, posted safety signs, the Client Policies (as defined below), and verbal instructions given to you by the FRC staff.  In the event of injury, accident and/or illness during FRC Services or while you are at FRC facilities, you hereby consent to receive medical treatment, which may be deemed advisable by FRC staff, but you acknowledge and agree that FRC and its staff has no duty to provide medical treatment to you. You hereby agree to provide accurate, complete and current health/medical history information to FRC, and you also hereby agree to provide us with any updates to such information to ensure that it remains accurate and complete at all times.  Lastly, you acknowledge and agree that any failure on your part to exercise care and prudence while using the FRC facilities and using, and participating in, the FRC Services may significantly increase the risks of injury you may incur.

2. ADDITIONAL RECOVERY SERVICES ACKNOWLEDGMENT OF RISKS

WHOLE BODY CRYOTHERAPY: Do not use whole body cryotherapy if you have any of the following conditions:

Acute InfectionsCryofibriongenemiaPeripheral Vascular Disease
Acute Kidney and Urinary Tract DiseasesCryoglobulinemiaPregnancy
Acute/Recent Cerebrovascular AccidentDVTRaynaud’s Disease
Acute/Recent Myocardial InfarctionFeverSevere Anemia
AgammaglobulinemiaHistory of Blood ClotsSevere Hypertension (BP>180/100)
ArrhythmiaHypotensionSystematic Lung Disorders
Bleeding DisordersHypothyroidismUncontrolled Seizures
CancerOpen SoresUnfit for Exercise
Cold Activated AsthmaPacemakerUnstable Angina Pectoris
Cold AllergiesPeripheral Arterial Occlusive Disease


You may have other conditions that make whole body cryotherapy inappropriate. Consult with your physician if you have questions as to whether whole body cryotherapy is right for you. In addition, you acknowledge and/or agree to the following:

  • During your whole body cryotherapy session, follow all instructions given to you by the FRC staff. Do not use whole body cryotherapy without an FRC staff member present.  
  • Participation in a whole body cryotherapy session involves exposure to extreme cold temperature for a short period of time (not to exceed three (3) minutes per session). Your clothing and skin must be dry. You must avoid inhaling the nitrogen gas that is emitted into the equipment. 
  • By accepting these Terms and Conditions you confirm that you are in good health and do not have any of the contraindications identified above or other physical condition that would preclude you from safely using whole body cryotherapy.  
  • If you experience any pain or mental or physical discomfort at any time during the process, you should terminate the session immediately. The chamber will not be locked, and you are free to walk out of the chamber at any time. You agree that you have familiarized yourself with this exit process and are prepared to do so if or when you feel it is necessary.  
  • No representations or claims are made as to the medical benefits of whole body cryotherapy, including, without limitation, claims that whole body cryotherapy reduces muscle soreness, or promotes mechanisms of action such as increased blood circulation, capillary action, or rapid cooling of the skin, tissues or muscles. Whole body cryotherapy is not intended to diagnose, treat, cure or prevent diseases, illnesses, imbalances or disorders. No results from whole body cryotherapy are guaranteed or assured. Every person is different and responds differently to the therapy.
  • The use of whole body cryotherapy involves risk of bodily injury, illness, disability or death, which may be compounded by negligent emergency response of the FRC staff or inadequate ventilation of the room in which the equipment is operated. You acknowledge that you are voluntarily participating in whole body cryotherapy with knowledge of the dangers involved and accept and assume all risks of injury, illness, disability or death, whether caused by the condition of the FRC facilities or equipment or the negligence of the FRC staff or otherwise. You acknowledge that frostbite is a specific risk that you assume.

INFRARED SAUNA: Do not use the infrared sauna if you have any of the following conditions: 

PregnancySerious Inflammation
FeverCommunicable Disease
Hemophilia/Acute BleedingIntoxicated
Insensitivity to HeatPacemaker/Defibrillator

You may have other conditions that make infrared sauna use (and exposure to full-spectrum infrared rays) inappropriate. Consult with your physician if you have questions as to whether infrared sauna use (and exposure to full-spectrum infrared rays) is right for you. In addition, you acknowledge and/or agree to the following:

  • By accepting these Terms and Conditions you confirm that you are in good health and do not have any of the contraindications identified above or other physical condition that would preclude you from safely using the infrared sauna.  
  • Please immediately discontinue the use of the infrared sauna if you feel light-headed, dizzy or heat exhausted. Infrared sauna sessions should be limited to a maximum of 45 minutes; the recommended length of infrared sauna sessions is 40 minutes.  It is advised to drink plenty of water before and after your sauna session.
  • Medications: Individuals who are using prescription drugs should seek the advice of their personal physician or a pharmacist for possible changes in the drugs effect when the body is exposed to infrared waves or elevated body temperature. Diuretics, barbiturates and beta-blockers may impair the body’s natural heat loss mechanisms. Anticholinergics such as amitryptaline may inhibit sweating and can predispose individuals to heat rash or to a lesser extent, heatstroke. Some over-the-counter drugs, such as antihistamines, may also cause the body to be more prone to heat stroke.
  • Children: The core body temperature of children rises much faster than adults. This occurs due to a higher metabolic rate per body mass, limited circulatory adaptation to increased cardiac demands and the inability to regulate body temperature by sweating. When using with anyone under the age of 18, operate at a lower temperature and for no more than 15 minutes at a time.
  • The Elderly:  The ability to maintain core body temperature decreases with age. This is primarily due to circulatory conditions and decreased sweat gland function. The body must be able to activate its natural cooling processes in order to maintain core body temperature. When using with the elderly, operate at a lower temperature and for no more than 15 minutes at a time.
  • Cardiovascular Conditions: Individuals with cardiovascular conditions or problems (hypertension/hypotension), congestive heart failure, impaired coronary circulation or those who are taking medications which might affect blood pressure should exercise caution when exposed to prolonged heat. Heat stress increases cardiac output and blood flow in an effort to transfer internal body heat to the outside environment via the skin (perspiration) and respiratory system. This takes place primarily due to major changes in the heart rate, which has the potential to increase by thirty (30) beats per minute for each degree increase in core body temperature.
  • Alcohol/Alcohol Abuse:  Contrary to popular belief, it is not advisable to attempt to “sweat out” a hangover. Alcohol intoxication decreases a person’s judgment; therefore, he/she may not realize when the body has a negative reaction to high heat. Alcohol also increases the heart rate, which may be further increased by heat stress.
  • Chronic Conditions/Diseases Associated With a Reduced Ability to Sweat or Perspire: Multiple Sclerosis, Central Nervous System Tumors and Diabetes with Neuropathy are conditions that are associated with impaired sweating. If you have any such conditions/diseases, please consult a physician prior to using the infrared sauna.
  • Menstruation: Heating of the low back area of women during the menstrual period may temporarily increase their menstrual flow.
  • Joint Injury: If you have a recent (acute) joint injury, it should not be heated for the first 48 hours after an injury or until the swollen symptoms subside. If you have a joint or joints that are chronically hot and swollen, these joints may respond poorly to vigorous heating of any kind.
  • Implants: Metal pins, rods, artificial joints or any other surgical implants generally reflect infrared waves and thus are not heated by this system. Nevertheless, you should consult your physician prior to using an infrared sauna.
  • No representations or claims are made as to the medical benefits of using the infrared sauna (and exposure to full-spectrum infrared rays), including, without limitation, claims that the infrared sauna (and exposure to full-spectrum infrared rays) promotes cell health/immunity, wound healing, detoxification, relaxation, lower blood pressure, pain relief, weight loss, better circulation and skin purification. Using the infrared sauna (and exposure to full-spectrum infrared rays) is not intended to diagnose, treat, cure or prevent diseases, illnesses, imbalances or disorders. No results from using the infrared sauna (and exposure to full-spectrum infrared rays) are guaranteed or assured. Every person is different and responds differently to the use of the infrared sauna (and exposure to full-spectrum infrared rays).
  • The use of the infrared sauna (and exposure to full-spectrum infrared rays) involves risk of bodily injury, illness, disability or death, which may be compounded by negligent emergency response of FRC staff. You acknowledge that you are voluntarily participating in the use of the infrared sauna (and exposure to full-spectrum infrared rays) with knowledge of the dangers involved and accept and assume all risks of injury, illness, disability or death, whether caused by the condition of the FRC facilities or equipment or the negligence of the FRC staff or otherwise. You acknowledge that exposure to full-spectrum infrared rays is a specific risk that you assume.

COMPRESSION SLEEVES: Do not use the compression sleeves if you have any of the following conditions:

Acute DVTSevere Blood Clots

You may have other conditions that make use of the compression sleeves inappropriate. Consult with your physician if you have questions as to whether compression sleeve use is right for you. In addition, you acknowledge and/or agree to the following:

  • By accepting these Terms and Conditions you confirm that you are in good health and do not have any of the contraindications identified above or other physical condition that would preclude you from safely using the compression sleeves.  
  • If you experience any pain or mental or physical discomfort at any time during the use, of the compression sleeves, you should terminate the use immediately. 
  • No representations or claims are made as to the medical benefits of using the compression sleeves. Using the compression sleeves is not intended to diagnose, treat, cure or prevent diseases, illnesses, imbalances or disorders. No results from using the compression sleeves are guaranteed or assured. Every person is different and responds differently to the use of the compression sleeves.
  • The use of the compression sleeves involves risk of bodily injury, illness, disability or death, which may be compounded by negligent emergency response of FRC staff. You acknowledge that you are voluntarily participating in the use of the compression sleeves with knowledge of the dangers involved and accept and assume all risks of injury, illness, disability or death, whether caused by the condition of the FRC facilities or equipment or the negligence of the FRC staff or otherwise. You acknowledge that exposure to pressure on your extremities is a specific risk that you assume.

COLD WATER SOAKING TUB:  Do not use the cold water soaking tub if you have any of the following conditions:

Acute InfectionsCryofibriongenemiaPeripheral Vascular Disease
Acute Kidney and Urinary Tract DiseasesCryoglobulinemiaPregnancy
Acute/Recent Cerebrovascular AccidentDVTRaynaud’s Disease
Acute/Recent Myocardial InfarctionFeverSevere Anemia
AgammaglobulinemiaHistory of Blood ClotsSevere Hypertension (BP>180/100)
ArrhythmiaHypotensionSystematic Lung Disorders
Bleeding DisordersHypothyroidismUncontrolled Seizures
CancerOpen SoresUnfit for Exercise
Cold Activated AsthmaPacemakerUnstable Angina Pectoris
Cold AllergiesPeripheral Arterial Occlusive Disease

 You may have other conditions that make using the cold water soaking tub inappropriate. Consult with your physician if you have questions as to whether the use of the cold water soaking tub is right for you. In addition, you acknowledge and/or agree to the following:

  • Use of the cold water soaking tub involves exposure to cold water (as low as 42 degrees Fahrenheit) for a short period of time. Cold water soaking tub sessions should be limited to a maximum of 15 minutes; the recommended length of cold water soaking tub sessions is 10 minutes, however, if you are not accustomed to soaking in cold water, limit your sessions to 6-8 minutes and build up to longer periods of time
  • By accepting these Terms and Conditions you confirm that you are in good health and do not have any of the contraindications identified above or other physical condition that would preclude you from safely using the cold water soaking tub.  
  • If you experience any pain or mental or physical discomfort at any time during the use of the cold water soaking tub, you should terminate the use immediately. 
  • No representations or claims are made as to the medical benefits of using the cold water soaking tub, including, without limitation, claims that using the cold water soaking tub reduces muscle soreness, or promotes mechanisms of action such as increased blood circulation, capillary action, or rapid cooling of the skin, tissues or muscles. Using the cold water soaking tub is not intended to diagnose, treat, cure or prevent diseases, illnesses, imbalances or disorders. No results from using the cold water soaking tub are guaranteed or assured. Every person is different and responds differently to using the cold water soaking tub.
  • The use of the cold water soaking tub involves risk of bodily injury, illness, disability or death, which may be compounded by negligent emergency response of the FRC staff. You acknowledge that you are voluntarily participating in using the cold water soaking tub with knowledge of the dangers involved and accept and assume all risks of injury, illness, disability or death, whether caused by the condition of the FRC facilities or equipment or the negligence of the FRC staff or otherwise. You acknowledge that frostbite is a specific risk that you assume.

3. ADDITIONAL ASSESSMENT SERVICES ACKNOWLEDGMENT OF RISKS

 VO2 MAX/RMR TESTING: Do not participate in VO2 max/RMR testing if you have any of the following conditions:

Cardiovascular DiseaseChest Pain
Loss of Balance/DizzinessLoss of Consciousness
HypotensionHypertension
Bone or Joint Issues

You may have other conditions that make VO2 max/RMR testing inappropriate. Consult with your physician if you have questions as to whether VO2 max/RMR testing is right for you. In addition, you acknowledge and agree to the following: 

  • During your VO2 max testing/RMR session, follow all instructions given to you by the FRC staff. Do not use VO2 max/RMR testing equipment without an FRC staff member present.  
  • By accepting these Terms and Conditions you hereby consent to engage voluntarily in VO2 max/RMR testing in order to determine your circulatory and respiratory fitness and to improve your physical fitness.  
  • By accepting these Terms and Conditions you confirm that you are in good health and do not have any of the contraindications identified above or other physical condition that would preclude you from safely participating in VO2 max/RMR testing.
  • You acknowledge and agree that you have been told that the VO2 max/RMR testing that you will undergo will be performed on a treadmill for the VO2 max test or in a chair for the RMR test.  You understand that during the VO2 max testing session the intensity will gradually be increased until symptoms such as fatigue, shortness of breath, or chest discomfort may appear, indicating to you that you should stop the test. You understand that you are responsible for monitoring your own condition throughout any testing session and should any unusual symptoms occur, you will immediately cease your participation and inform the FRC staff of your symptoms. You understand that the reaction of your heart, lungs, and blood vessels to such testing cannot always be predicted with accuracy.  You know there is a risk of certain abnormal changes occurring during or following testing which may include, without limitation, abnormalities of blood pressure or heart rate, ineffective function of the heart and in rare instance, heart attack or death.  
  • No representations or claims are made as to the medical benefits of VO2 max/RMR testing. VO2 max/RMR testing is not intended to diagnose, treat, cure or prevent diseases, illnesses, imbalances or disorders. No results from VO2 max/RMR testing are guaranteed or assured. Every person is different and responds differently to VO2 max/RMR testing.
  • The reaction of your heart, lungs, and blood vessels to such testing cannot always be predicted with accuracy, and there is a risk of certain abnormal changes occurring during or following testing which may include, without limitation, abnormalities of blood pressure or heart rate, ineffective function of the heart and in rare instance, heart attack or death, which may be compounded by negligent emergency response of the FRC staff. You acknowledge that you are voluntarily participating in VO2 max/RMR testing with knowledge of the dangers involved and accept and assume all risks of injury, illness, disability or death, whether caused by the condition of the FRC facilities or equipment or the negligence of the FRC staff or otherwise. 

4. WAIVER AND RELEASE

 YOU HEREBY, ON BEHALF OF YOURSELF, YOUR HEIRS, YOUR BENEFICIARIES, YOUR DEPENDENTS, YOUR PERSONAL REPRESENTATIVES AND/OR YOUR ASSIGNS, FOREVER WAIVE ALL RESPONSIBILITY, CLAIMS, DEMANDS, INJURIES, DAMAGES, COSTS, EXPENSES, LIABILITIES, ACTIONS, SUITS, PROCEDURES, AND CAUSES OF ACTION (COLLECTIVELY, “CLAIMS”) WHICH YOU OR ANY OF SUCH PERSONS MAY HAVE HEREAFTER AGAINST FRC AND/OR ANY OF ITS DIRECT OR INDIRECT PARTNERS, OWNERS, MEMBERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, INVITEES, GUESTS, OTHER FRC CLIENTS AND EMPLOYEES (WHETHER ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT OR OTHERWISE) AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “FRC REPRESENTATIVES”), AND DO HEREBY INDEMNIFY AND FOREVER RELEASE IN FULL AND FOREVER DISCHARGE AND HOLD ABSOLUTELY HARMLESS FRC AND THE FRC REPRESENTATIVES ON YOUR BEHALF AND ON BEHALF OF ANY DEPENDENTS FROM ALL CLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOU OR YOUR DEPENDENT’S USE OF FRC FACILITIES AND THE USE OF, AND PARTICIPATION IN, FRC SERVICES, INCLUDING THOSE ARISING OUT OF ANY ACTIVE OR PASSIVE NEGLIGENT ACT OR OMISSION OF FRC AND/OR THE FRC REPRESENTATIVES.  YOU DO HEREBY FURTHER AGREE AND DO HEREBY, ON BEHALF OF YOURSELF AND ANY DEPENDENTS, ASSUME FULL RESPONSIBILITY FOR ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE WHICH ARE SUSTAINED OR AGGRAVATED BY YOU IN RELATION TO YOUR USE OF FRC FACILITIES AND THE USE OF, AND PARTICIPATION IN, FRC SERVICES, INCLUDING THOSE ARISING OUT OF ANY ACTIVE OR PASSIVE NEGLIGENT ACT OR OMISSION OF FRC AND/OR THE FRC REPRESENTATIVES. 

IN ADDITION, YOU HEREBY, ON BEHALF OF YOURSELF, YOUR HEIRS, YOUR BENEFICIARIES, YOUR DEPENDENTS, YOUR PERSONAL REPRESENTATIVES AND/OR YOUR ASSIGNS, FOREVER WAIVE ALL CLAIMS WHICH YOU OR ANY OF SUCH PERSONS MAY HAVE HEREAFTER AGAINST FRC AND THE FRC REPRESENTATIVES, AND DO HEREBY INDEMNIFY AND FOREVER RELEASE IN FULL AND FOREVER DISCHARGE AND HOLD ABSOLUTELY HARMLESS FRC AND THE FRC REPRESENTATIVES ON YOUR BEHALF AND ON BEHALF OF ANY DEPENDENTS FROM ALL CLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE VIRUS AND BATERIA RELATED RISKS. YOU DO HEREBY FURTHER AGREE AND DO HEREBY, ON BEHALF OF YOURSELF AND ANY DEPENDENTS, ASSUME FULL RESPONSIBILITY FOR ALL RISKS OF BODILY INJURY OR DEATH WHICH ARE SUSTAINED OR AGGRAVATED BY YOU IN RELATION TO THE VIRUS AND BACTERIA RELATED RISKS.

5. GENERAL HEALTH AND WELLNESS ADVICE

 FRC offers and provides information concerning general health and wellness for informational and/or educational purposes only, and the receipt of such information and the FRC Services does not constitute the provision of medical or health care services. NEITHER FRC NOR ITS STAFF ARE LICENSED BY ANY GOVERNMENTAL AUTHORITY OR OTHER PROFESSIONAL LICENSING BOARD (UNLESS OTHERWISE SPECIFICALLY STATED TO YOU IN WRITING), WHETHER AS A HEALTHCARE PROVIDER OR OTHERWISE AND DO NOT OFFER OR ENGAGE IN, THE PRACTICE OF MEDICINE OR ANY OTHER STATE-LICENSED HEALTH CARE PROFESSION.   FRC does not diagnose, treat, operate or prescribe for any human disease, pain, injury, deformity or physical or mental condition and does not offer or undertake by any means or methods to diagnose, treat, prevent, operate or prescribe for any human disease, pain, injury, deformity or physical or mental condition. Please contact your licensed health care professional before using the FRC facilities or using, or participating in, the FRC Services. In addition, FRC does not offer or provide medical diagnostic or screening services. Should you wish to have any such diagnostic or screening service or treatment performed, you should contact your licensed health care professional. Any statements made on FRC Sites, in its printed materials or otherwise made by or through FRC, its affiliates, or its representatives (i) have not been evaluated by the Food and Drug Administration or any other governmental authority or agency unless expressly so stated in writing, and (ii) are based on research studies conducted by third parties unaffiliated with FRC the accuracy of which have not been verified by FRC.  

6. UNAFFILIATED PROFESSIONALS

You hereby acknowledge and agree that in the event you receive any treatment or services from a physical therapist, nutritionist/dietician, massage therapist or other licensed professional (each, an “Unaffiliated Professional”) while at the FRC facilities or based on a referral from any FRC Representative, such treatment or services are not associated with FRC or its staff, and you hereby, on behalf of yourself, your heirs, your beneficiaries, your dependents, your personal representatives and/or your assigns, forever waive all Claims which you or any of such persons may have hereafter against FRC and FRC Representatives, and do hereby indemnify and forever release in full and forever discharge and hold absolutely harmless FRC and the FRC Representatives on your behalf and on behalf of any dependents from all Claims to the fullest extent permitted by law arising out of or in any way connected with any treatment or services administered by such Unaffiliated Professionals. 

7. ELIGIBILITY OF USE

The FRC Sites and FRC Services are intended solely for users who are 18 years of age or older; provided however, at the discretion of FRC management, a minor aged 16-17 may participate or use FRC Services with a parent (or guardian) present.  FRC only accepts the registration of minors in-person at an FRC facility with a parent or guardian present; please do not attempt to register on the FRC Sites if you are under the age of 18.  If FRC discovers that personal information has been submitted to FRC (whether on an FRC Site or in-person) by a minor without parent or guardian and FRC management approval, FRC reserves the right to delete such information. FRC does not seek or share personal information from minors.

8. FRC SERVICES

PURCHASE: Other than FRC Services offered free of charge to you, you may participate and use FRC Services by purchasing (i) an individual credit, (ii) an individual FRC Service that is not included in the overall FRC credit system, including, without limitation, massage therapy and related services and Assessment Services, (iii) a credit pack or (iv) a monthly membership.  Credits may be redeemed for FRC Services.  Each FRC Service requires the redemption of a different number of credits to use such FRC Service. Please refer to the FRC Sites or visit any FRC facility in-person for our latest pricing.  

BUYER’S RIGHT TO CANCEL: Other than the purchase of credits for use of an individual FRC Service, if you wish to cancel this contract, you may cancel by making or delivering written notice to FRC. 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 Formula Running Center, 3101 Wilson Blvd., Suite 100, Arlington, VA 22201. If canceled within three business days, you will be entitled to a refund of all monies paid. You may also cancel this contract if FRC goes out of business or relocates and fails to provide comparable alternate facilities within five driving miles of the location designated in this contract. You may also cancel if you become physically unable to use a substantial portion of FRC 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 FRC Services by a doctor’s, physician’s assistant or nurse practitioner’s certificate, and FRC may also require that you submit to a physical examination, within 30 days of the notice of cancellation, by a doctor, physician’s assistant or nurse practitioner agreeable to you and FRC (cost to be borne by FRC). If you cancel after the three business days, FRC may retain or collect a portion of the contract price equal to the proportionate value of the services or use of FRC facilities you have already received. Any refund due to you shall be paid within 30 days of the effective date of cancellation.

REFUND POLICY

  • Individual FRC Services: Individual FRC Services are non-refundable.  No exceptions.
  • Credit Packs: Except as otherwise stated above, credit packs are non-refundable.  No exceptions.
  • Monthly Memberships: Except as otherwise stated above, monthly memberships are non-refundable.  No exceptions.
  • Retail Sales: Unused merchandise will be accepted for a full refund within 14 days of purchase. After 14 days, a store credit will be issued for up to thirty (30) days of purchase.  All returns require a receipt.  
  • Food or Beverage Purchases: All food and/or beverage sales are final.

CANCELLATION POLICY:  We understand that life events do occur that require the cancellation of FRC Services, however, to be fair to all of the FRC clients, we have to adhere to the following strict cancellation policy.  YOU MUST CANCEL ANY FRC SERVICE AT LEAST TWELVE (12) HOURS IN ADVANCE.  You may cancel any FRC Service on any FRC Site or by calling or stopping by the applicable FRC facility. If you fail to attend (or arrive more than five (5) minutes late) or fail to cancel any FRC Service at least twelve (12) hours prior to the applicable FRC Service:

  • for any FRC Service other than Assessment Services and massage and related services, you will be charged and/or forfeit such FRC Service; provided, however, if you have purchased an unlimited or all access monthly membership package and you fail to attend or to cancel the applicable FRC Service at least twelve (12) hours in advance, you will be subject to a $20 penalty charge; or
  • for any Assessment Service and massage or related service, you will be charged and/or forfeit such FRC Service.  

RESERVATIONS: The general rule is you should be present at least (10) minutes prior to the start of the applicable FRC Service.  If it is your first time at an FRC Facility, please arrive at least thirty (30) minutes prior to the start of the applicable FRC Service so that one of the Client Advocates can introduce you to, and show you around, the FRC facility and any additional paperwork that is necessary can be signed.  YOU MUST BE PHYSICALLY PRESENT AT LEAST FIVE (5) MINUTES PRIOR TO THE START OF YOUR SCHEDULED FRC SERVICE OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT (NO EXCEPTIONS).  FOR THE SAFETY AND INTEGRITY OF FRC SERVICES, IF YOU ARRIVE MORE THAN FIVE (5) MINUTES LATE FOR ANY FRC SERVICE, YOU WILL NOT BE ALLOWED TO PARTICIPATE IN SUCH FRC SERVICE (REGARDLESS OF WHETHER OR NOT YOUR SPOT WAS GIVEN TO A WAITLISTED CLIENT) (NO EXCEPTIONS).

WAIT LIST: If no reservations are available for a particular FRC Service, certain FRC Services may provide the option for you to join the waitlist for that FRC Service (each, a “Waitlist Service” and collectively “Waitlist Services”). As they become available,  reservations for Waitlist Services are offered by email and/or text (depending on the preferences set up by each FRC client) to FRC clients on the waitlist on a first come, first served basis. If you are offered a reservation off the waitlist, you will have a maximum of 30 minutes to accept or decline the invitation.  If you fail to respond to such invitation within such 30-minute time period, FRC reserves the right to remove you from the waitlist and/or offer such reservation to the next person in order on the waitlist.  If you are offered and accept a reservation off the waitlist, you will be added as a participant in such Waitlist Service and be subject to the abovementioned FRC Service cancellation policy.  If you are offered and decline a reservation off the waitlist or fail to respond to such invitation within such 30-minute time period, you will not be added as a participant in such Waitlist Service and will not be subject to the abovementioned FRC Service cancellation policy. Notwithstanding the foregoing, if a reservation becomes available within 60 minutes of the start of a particular Waitlist Service, such reservation will not automatically be offered to FRC clients on the waitlist.  Any such reservation will be assigned to any FRC client and/or a member of the FRC staff at the discretion of FRC and the FRC staff.   

EXPIRATION POLICY:  Credits have an expiration date as described in the credit, package or promotion details provided at the time of purchase. Credits and gift cards are not the same product. Unlike credits, gift cards never expire. Assessment Services and massage and related services have an expiration of one year from the date of purchase. 

TRANSFERABILITY: Except without management approval and only in extraordinary circumstances, credits and monthly memberships cannot be resold and are non-transferable. 

FRC SERVICE FREEZE POLICY: Credit Packs or monthly memberships may be frozen one time during any calendar year for up to sixty (60) days in-person at any FRC facility and by completing any required paperwork.   

MEMBERSHIP BENEFITS: Currently, all FRC clients that have purchased a monthly recurring membership package are eligible for the following benefits: free open tread; 10% discount on retail merchandise, training programs and additional FRC Services; additional credits at the per price discount price (based on the applicable membership package); 24-hour early pick-a-spot access; email access to coaches; and quarterly free Inbody body composition analysis.  FRC reserves the right to change, modify and/or terminate any or all of such benefits at any time.

SIGNUP AND CHECKIN: Generally speaking, FRC services become for available for reservation 7 days in advance of the beginning of the FRC Service.  However, as a benefit to FRC clients that have purchased a monthly recurring membership package, for those FRC clients, FRC Services become available an extra 24 hours in advance (i.e., 8 days in advance of the beginning of the FRC Service).   Check-in for any FRC Service is available up to 60 minutes in advance of the FRC Service. FRC reserves the right to change and/or modify the FRC signup and check-in policies at any time.

ASSESSMENT SERVICES RESULTS: You hereby authorize FRC to share any of your personal information (including Assessment Services results and progress) to FRC staff and any third-party companies participating in the Assessment Services (for example, the physical therapy company performing running gait analysis) (collectively, the “Third-Party Assessment Services Providers”) in the ordinary course of business.  In addition, you hereby authorize the Third-Party Assessment Services Providers to share Assessment Services results and progress with FRC and the FRC staff.  FRC staff and the Third-Party Assessment Services Providers may access your personal information (including Assessment Services results and reports) to prepare for appointments with you, track and assess your measurements and progress, and to generally communicate with you regarding your personal fitness journey.  FRC may share aggregate or de-identified information with third parties for marketing, advertising, research and similar purposes. You hereby authorize FRC and the Third-Party Assessment Services Providers to send you Assessment Services results and follow-up communications related to such results to the email address on file with FRC.

9. PAYMENT TERMS AND AUTOMATIC RENEWAL

 UNLESS OTHERWISE STATED BY FRC IN WRITING, MONTHLY MEMBERSHIP CHARGES WILL BEGIN AT THE TIME OF PURCHASE AND RECUR MONTHLY UNTIL CANCELLED BY YOU IN ACCORDANCE WITH OUR CANCELLATION POLICY STATED HEREIN. MONTHLY MEMBERSHIPS BEGIN AT THE TIME OF PURCHASE (AND NOT AT THE TIME OF YOUR FIRST CLASS). You hereby authorize FRC (or any third party vendor hired by us) to charge your credit card or debit your bank account (as you have elsewhere designated) in advance for all applicable fee(s) and charges for credits, monthly memberships or other FRC Services that you have selected.  You further agree that any additional charges and fees (including early and late cancellation fees and any other penalties) you incur will be charged or debited (as applicable) when incurred  You understand that it will be your responsibility to change or to cancel your enrollment in any monthly membership in accordance with FRC’s cancellation policy set forth herein before the end of any enrollment period for any recurring enrollment.  You also agree that in the event you fail to change or cancel any monthly membership in which you are then enrolled, such monthly membership will be automatically renewed for the applicable term or monthly enrollment period for any recurring enrollment.

NOTICE:  All monthly memberships will begin on the day you enroll and thereafter your credit card, debit card, or bank account will be charged on the same business day of each successive monthly period until changed or cancelled in accordance with FRC’s cancellation policy as set forth herein.  All credit pack expiration time periods will begin on the day you enroll. 

10. CHANGE TO FEES

 You acknowledge and agree that we charge fees for the use of FRC Services (“Fees”), and you understand and agree that FRC has reserved the right to change the amount of such fees at any time in its sole and absolute discretion.  

11. CHANGE IN OPERATING HOURS/TEMPORARY CLOSING OF FRC FACILITIES

 As a result of repair, maintenance, instructor no shows, special occasions, events, competitions or private functions, holidays, acts of God (such as a heavy snow storm), or for other reasons, FRC may elect to restrict the use of or temporarily close its facilities or FRC Services from time to time. There will be no reduction, suspension or reimbursement of Fees during such time nor extension of a monthly membership period or credit pack expiration period as a result of any temporary closing. In addition, hours of operation may be amended from time to time, and certain FRC Services may be added, eliminated, changed, or modified from time to time, in FRC’s sole and absolute discretion.

12. TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the FRC Services or are client of FRC. Except as otherwise stated above, monthly memberships may be terminated by providing us with at least thirty (30) days written notice at the address specified in this Terms and Conditions.   If you are enrolled in a monthly membership that requires a certain time period commitment and you terminate your membership prior to the expiration of such time period, you will owe the difference in the price of your membership and the membership option without such time period commitment from the date of purchase of such monthly membership up until the date of such termination.  FRC may revoke, cancel, terminate or suspend or otherwise limit your membership and/or your right to use the FRC Services at any time, without warning and without refund, if you breach these Terms and Conditions and/or in the event that you engage in behavior that is unsafe or objectionable to any other FRC client, guest, invitee or staff, or for reasons of nuisance or disturbance to any other FRC client, guest, invitee or staff, moral turpitude, fraud, personal hygiene or attire. FRC also reserves the right, in its sole and absolute discretion, without warning and without refund, to revoke, cancel, terminate or suspend or otherwise limit your use of FRC Services for a period of time determined by FRC if, in FRC’s reasonable judgment, you pose a health or safety risk, or are disturbing or are likely to disturb any other FRC client, guest, invitee or staff.  Even after membership and/or FRC Service use is terminated, these Terms and Conditions will remain in full force and effect.

13. INCENTIVES

 From time to time, in FRC’s sole discretion, FRC may provide you with complimentary or promotional items, including, without limitation, complimentary Assessment Services, massage or related services, credits, months of membership, or other account credits or promotional gift cards (collectively “Incentives”). Incentives have no cash value and are non-refundable, non-transferable and non-descendible, and are subject to any additional terms and conditions stated to you relating to the Incentives. Incentives expire ninety (90) days after the date of issuance, unless otherwise expressly stated in writing to you. These Terms and Conditions apply to all Incentives and the use thereof.  Incentives will not be considered in computing the amount of any refund to which you may be entitled upon cancellation or termination of any membership.

14. REFERRAL PROGRAM

GENERAL: From time to time FRC may offer Incentives for referring a friend, family member or acquaintance to FRC, subject to the following rules.  Incentives will be provided to you or your account and typically are issued within 30 days after the individual you referred purchases the eligible credit pack, membership, Assessment Service or massage or related service. All Incentives are subject to the terms set forth above in Section 13.  Any referral program may be modified, changed or discontinued at any time, in FRC’s sole discretion, with or without notice you.

REFERRAL ELIGIBILITY: Any referral program is only valid for referrals who actually become new FRC clients or purchase the applicable FRC Service. Any referral program does not apply to any former FRC client (unless otherwise specifically stated to you as part of such referral program).

FRC CLIENT ELIGIBILITY: FRC clients who have a past-due/overdue balance or are otherwise not in good standing with FRC are not eligible to participate in any referral program.

HOW TO REFER: You may refer a friend, family member or acquaintance by following the instructions given to you at the time of any referral program offer.

You may not generate referrals by using any robotic, automated or programmed methods, engaging in spamming or creating a website or other means to solicit referrals from individuals you do not know. FRC reserves the right to, in its sole discretion, deny an Incentive to, permanently disqualify from all referral programs, or terminate use of any FRC facility and its FRC Services any client FRC believes is tampering with or otherwise abusing any referral program.

15. GIFT CARDS

 Gift cards are available for purchase.  Gift cards are non-refundable and the entire gift card must be redeemed by a single member. Gift cards do not expire, however, once they are redeemed for credits, monthly memberships or other FRC Services or products, they are subject to the terms and conditions (including expiration) of such credits, monthly memberships or other FRC Services or products outlined in these Terms and Conditions.  Gift cards are not redeemable for cash except where required by law.

16. MISCELLANEOUS

a. FRC POLICIES:  You agree to abide by all FRC rules, regulations, policies, procedures, terms of use, terms of digital service and schedules, including, without limitation, those which are posted at FRC facilities, on the FRC Sites, or communicated orally by any FRC staff member (collectively, “Client Policies”). A current copy of key Client Policies can be found on the FRC Sites.  FRC may, in its sole discretion, amend or supplement the Client Policies, with or without notice to you.

b. PERSONAL BELONGINGS: We strongly urge you to not bring valuables to any FRC facility.  You agree that FRC is in no way responsible for the disappearance, loss, theft, or damage of your personal belongings (including money, jewelry, or other valuables) while you are attending or using any FRC Service (whether in FRC Facilities or outside of FRC Facilities). You assume all risk of disappearance, loss, theft or damage or any of your personal belongings whether or not you store such personal belongings in a locker at an FRC facility.

c. NO DISCRIMINATION: FRC does not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry with respect to participation in FRC Services or any other use of FRC Services or FRC facilities. In addition, under no circumstances will we tolerate any FRC client discriminating against any other FRC client, FRC staff member or any other individual.  FRC reserves the right to remove you from any FRC facility and/or revoke, cancel, terminate or suspend or otherwise limit your membership for any such discriminating behavior.

d. RETURNED PAYMENT PENALTY:  You will automatically be charged any bank fee imposed on FRC, plus a processing fee of up to $25, for any returned payment due to closed accounts, insufficient funds, or any other reason. If this occurs, FRC retains the right to collect the current and past due balances in any month after the returned payment.

e. DISPUTED CHARGE FEE: In the event that you initiate a credit card dispute that is subsequently resolved in FRC’s favor, FRC shall have the right to charge you up to $50 per occurrence. If you dispute a valid charge for a late cancellation or no-show, you will be subject to this $50 fee. 

f. COMPLAINTS: If a complaint regarding any FRC facility, any FRC staff or any of the FRC Services should arise, you should attempt to first resolve any such complaint that you may have with us.  The Virginia Department of Agriculture and Consumer Services regulates health clubs in the Commonwealth of Virginia pursuant to the provisions of the Virginia Health Club Act, as amended.

g. ENFORCEMENT: If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of these Terms and Conditions, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.

h. ENTIRE AGREEMENT: These Terms and Conditions, together with our Privacy Policy, our Terms of Use, the Client Policies and any other rules, policies and regulations of FRC, as revised from time to time, constitute the entire and exclusive agreement between you and FRC, and supersede all prior promises, representations, understandings and/or agreements. FRC reserves the right to amend these Terms and Conditions at any time with or without notice, and it is your responsibility to review these Terms and Conditions (and to continue to review these Terms and Conditions from time to time) and any amendments or modifications thereof. Your use of the FRC Sites and the FRC Services after any such amendments or modifications shall constitute your acceptance of the updated Terms and Conditions.  You are encouraged to inquire periodically to stay informed of current Terms and Conditions, and if you do not agree to any of these Terms and Conditions (or any amendments or modifications thereto) you should terminate your use of the FRC Sites and the use of, and participation in, FRC Services immediately.  

i. NO WAIVER; CONFLICTS: No waiver of any term of these Terms and Conditions shall be deemed to be a further or continuing waiver of such term or any other term.  No failure to exercise, and no delay in exercising, on the part of FRC, any right or any power hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and Conditions and any applicable purchase or other terms, the terms of these Terms and Conditions will govern.

j. PHOTOGRAPHY: Unless you otherwise notify FRC in writing, you hereby authorize FRC to use photos and videos that they may take of you on FRC Sites, on other social media platforms owned by FRC, including, without limitation, Facebook, Instagram and Twitter, and in any other promotional materials produced by FRC. 

k. NO GUARANTEE: The goal of FRC and its employees is to help all of our clients achieve their personal fitness goals, and we will work with you and do everything that we are able to do to help you achieve your fitness goals.  With that being said, unfortunately, FRC does not, and cannot, guarantee success or desired results from the FRC Services.  You hereby confirm that no warranty or guarantee or other assurance has been made regarding the results of the FRC Services.

l. GOVERNING LAW: These Terms and Conditions (and any further rules, policies, or guidelines incorporated by reference), the use of the FRC Sites and the use of, and participation in, the FRC Services, shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of laws.

m. ARBITRATION:  At our sole and absolute discretion, you agree that we may require you, as your sole and exclusive remedy and forum, to submit any dispute, controversy, or claim arising out of or relating in any way to these Term and Conditions, our Privacy Policy, our Terms of Use, the Client Policies, the use of the FRC Sites, the use of any FRC facility, and the use of, or the participation in, the FRC Services, including, without limitation, any dispute concerning the construction, validity, interpretation, enforceability, non-performance, termination, or breach thereof, to final and binding arbitration before the American Arbitration Association (www.adr.org) under its commercial arbitration rules and procedures. The place of the arbitration shall be Arlington, Virginia.  In the event of a claim arising out of or relating in any way to the abovementioned matters, the complaining party shall notify the other party in writing thereof within a reasonable time after the claim has arisen, and in no event shall it be made after one (1) year from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER YOU NOR FRC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

 17. CONTACT US

If you have any questions about these Terms and Conditions, the FRC Sites or FRC Services, or please contact us at [email protected] or visit us in our facility located at 3101 Wilson Blvd, Suite 100, Arlington, VA 22201.

These Terms and Conditions have been updated and are effective as of May 23, 2020.