Studio Aire – Terms of Purchase

Effective Date: August 3, 2025

1. Class Passes and Subscription Payments

Class passes can be used anytime within your 30 day billing cycle. No roll overs. No credits for unused passes. Any subscription that has been utilized, regardless of the amount, becomes ineligible for a refund. Subscriptions that contain used passes, regardless of the amount of passes used, is ineligible for any full or partial refund. Any dispute for subscription payments must be contested within a five (5) day grace period from the date of the charge and must remain unutilized within that period in order to be eligible for a refund, regardless of any claims, disputes, or negligence on behalf of the client or the Studio. If any dispute, claim, or controversy arises out of or relates to this Membership Agreement or your use of the gym facilities (“Dispute”), both you and the Gym agree to first attempt to resolve the Dispute through good-faith negotiations. Either party may initiate this process by providing written notice to the other party. The parties will meet (in person, by phone, or by video conference) within 30 days of the notice to attempt to resolve the Dispute.

Acceptance of this Policy is a condition of payments to Studio Aire. By paying for a subscription, utilizing its facilities, or participating in any offering, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions outlined herein.

2. Mediation and Arbitration

If the Dispute is not resolved through negotiation within 30 days, the parties agree to submit the matter to non-binding mediation administered by a mutually agreed-upon mediator. The mediation shall take place in the county where the Gym is located unless otherwise agreed. Each party will bear its own costs, and the parties will share the mediator’s fees equally.

If the Dispute is not resolved through mediation within 60 days, the parties agree that the Dispute shall be resolved by binding arbitration.

• • The arbitration shall be conducted in the jurisdiction of Saint Charles, Missouri.
• • The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
• • The arbitration shall take place in the county where the Gym is located unless otherwise agreed by the parties.
• • Each party will bear its own attorneys’ fees and costs, unless the arbitrator awards otherwise as permitted by law.

3. Class Action Waiver

To the maximum extent permitted by law, both you and the Gym agree that any Dispute shall be resolved only on an individual basis. Neither party may bring or participate in any class, collective, or representative action or proceeding.

4. Small Claims Court Option

Either party may elect to pursue an otherwise qualifying claim in small claims court instead of arbitration.

5. Continued Subscriptions and Payments

Unless prohibited by law, your subscription payments and payment obligations will continue during the dispute-resolution process unless Studio Aire agrees otherwise in writing.

6. Enforcement and Policy Updates

Studio Aire reserves the right to amend this Policy at any time at its sole discretion. The most current version of the Policy will be posted within the Studio and/or on our official website. Continued payments to the Studio constitutes acceptance of any and all policy changes.