TERMS & CONDITIONS
TERMS & CONDITIONS
Sheila Kelley S Factor® Terms and Conditions are subject to change. For Billing Inquiries in Los Angeles, Encino, Costa Mesa, and San Francisco, contact the Sheila Kelley S Factor Billing Center Monday – Friday, 9am – 5pm PST/PDT at (888) 333-9863 or [email protected]. For billing inquiries in the New York area, call (212) 989-8030. For San Francisco, call (415) 440-6420.
The following Terms and Conditions may differ in the New York and San Francisco studios. For New York’s terms, please click here and for San Francisco’s Terms, click here
Membership Payment & Registration
First 4 weeks amount to register, additional amounts every 4 weeks via AutoBill. For your convenience, S Factor’s AutoBill system saves your credit card number in our secure, PCI-compliant merchant bank. From there it is charged throughout the duration of your membership. 24 & 48-Week Members will be automatically registered in the same regular weekly Original Series day/time by your Studio Director every 8 weeks unless otherwise desired.
Original Series Attendance
36 hours before your regular weekly Original Series class time, you’ll receive an email from S Factor asking if you will be attending. Click ‘Yes’ or ‘No.’ If you click ‘No,’ your spot will open up to another member. At S Factor New York, if you do not sign out 6 hours prior to class, or do not show up for any scheduled series classes, your account will be charged a $20 no-show fee.
Using Open Access to Drop In to a Membership Class
Class space subject to availability. Open access drop-in registration opens at 8am the day before for Original Series classes, and 2 days in advance for all other membership classes. Sign up online, by phone or in person on a first-come, first-served basis until the class is at maximum capacity. If a class is full, add your name to the Wait List and you’ll be contacted when there’s an opening. Drop in to classes in your current level or lower, especially for Original Series classes. Practice curriculum that is being taught in that level (i.e. Erotic Creature® clothing, ‘free dance,’ and upper Level tricks are reserved for advanced classes).
Arriving late to class prevents us from getting an accurate student count, which is how we determine whether or not there is space available for additional students. To ensure that you and your fellow S sisters have access to all of our classes, please arrive 10 minutes before your class start time. All available spots will be up for grabs at the start of class. And the class will be closed for admittance at start time if it is full. If the class is not full, it will be closed for admittance 10 minutes after start time. A sign will be posted on the classroom door when the class is closed. Please see the Front Desk and we will help you schedule another class at that time.
Missed Original Series classes will not result in a Makeup.
Membership Cancellation Policy
8-Week Memberships may not be cancelled. 24 and 48-Week discounted Memberships may be cancelled by providing written notice a minimum of 30 days prior to the beginning of the session you wish to exit; and by paying the difference between the discount provided and the full session price.
All class times and teachers are subject to change at S Factor’s discretion.
A La Carte Classes
Classes are available a la carte to members and non-members. Non-refundable unless canceled more than 7 days prior to class date.
Full payment is required to book a Private Lesson. 24 hours advance notice is required to reschedule your Private Lesson. Non-refundable unless canceled more than 30 days prior to lesson date. Any and all rescheduling will be at the sole discretion of S Factor and subject to availability.
50% deposit per minimum # of people required due upon reservation. 7 days notice required to cancel for deposit refund. Balance due 5 days prior to party date. 48 hours notice required to reschedule. Rescheduling subject to studio availability.
Arrival and Departure Times
Please arrive a few minutes prior to your class scheduled start time. You may depart at any time once the class has started.
Any person who appears intoxicated or otherwise disruptive to the conduct of a class, Private Lesson or Private Party may, at the sole discretion of S Factor, be asked not to participate, forfeiting any deposits and payments made by that person for that class, Private Lesson or Private Party.
Confidentiality and Non-Disclosure
All class content, including but not limited to teaching method, curriculum, discussions, written materials, movements, dance steps, routines, choreography (“Proprietary Information”), are the property of S Factor and constitute confidential and proprietary business information and trade secrets. You agree to keep the Proprietary Information confidential and not to disclose the Proprietary Information to anyone without the prior written consent of S Factor. You further expressly agree that you will not use the Proprietary Information for the purpose of soliciting any students or employees of S Factor or to otherwise compete with S Factor.
Release of All Claims (Including Negligence), Hold Harmless and Indemnification
I acknowledge that the activities undertaken in the classes, Private Lessons, Private Parties or any other activity provided by S Factor are hazardous, and I recognize that my participation in the activities is voluntary. I assume all responsibility and risk associated with my participation in any and all activity, program, course or class, and assume all responsibility and liability of physical fitness and capability to perform any and all activity or effort related to and/or associated with the class activities performed by me or which I am involved in. The risks that I am agreeing to assume include the risk that any injury may be caused by physical conditions at the class location or by the negligence of S Factor, its agents, employees, representatives, by me or by other students. I represent that, to the best of my knowledge, I have no medical, physical, mental or emotional health condition which would affect, hinder or prevent my active participation in any classes, Private Lessons, Private Parties or other activities provided or facilitated by S Factor. I acknowledge that I am 18 years of age or older.
I, including my heirs and assigns, to the maximum extent allowed by law, agree to release, give up and forever discharge S Factor and all of their agents, employees, managers, representatives, officers, directors, attorneys, partners, insurers, heirs, predecessors-in-interest, advisors, successors and assigns, including Christine Ventures, LLC (hereinafter, the “Releasees”) from any and all acts of negligence and all other claims and/or demands whatsoever which, I, any third party, or any persons acting on my or their behalf have or may have against any of the Releasees by reason of any accident, illness, injury to or death of any person or persons, or damage to or loss or destruction of any property arising or resulting directly or indirectly from participation in the classes, Private Lessons, Private Parties or other activities (including, but not limited to, any injury or damage occurring while I am on S Factor premises or while using S Factor facilities or equipment in any way) provided or facilitated by S Factor whether such injury or damage occurs during the participation or at any time subsequent to the participation.
I further agree that, to the maximum extent allowed by law, I shall indemnify, release, and hold harmless the Releasees from any and all claims, losses, illnesses, demands, and injuries to my person or property, foreseen or unforeseen, resulting from, caused by, or related in any way to my participation in and/or presence at any class, program, Private Lesson, Private Party or activity (including, but not limited to, any injury or damage occurring while I am on S Factor premises or while using S Factor facilities or equipment in any way) provided or facilitated by S Factor, including acts of negligence on the part of myself, any of the Releasees or any third party). I agree to indemnify the Releasees, and any of them, to the maximum extend allowed by law, for any cost, expense (including reasonable attorneys’ fees and costs), and loss caused in any way by me. This Hold Harmless Agreement is not in derogation of, but rather supplements, any common law rights to indemnification to which S Factor, its legal representatives, successors and assigns may have. I acknowledge that this Hold Harmless Agreement is binding on and on my successors and assigns.
I hereby acknowledge and affirm that I have read the contents of this Agreement.
I understand its terms, and I knowingly and voluntarily execute this Agreement.
I understand this Release of All Claims (Including Negligence), Hold Harmless and Indemnification Agreement is a release of legal liability, an assumption of risk of hazardous activity and an agreement to indemnify for the acts of myself and others.
I expressly agree that this Release of All Claims (Including Negligence), Hold Harmless and Indemnification Agreement is intended to be as broad and inclusive as is permitted by law and that if any portion of is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Arbitration of Disputes
I acknowledge and agree that the terms outlined herein are contractual. Any and all disputes or claims arising out of or in any way related to this Agreement including, without limitation, fraud in the inducement of this Agreement, or relating to the general validity or enforceability of this Agreement, as well as any claims arising out of my participation in any activity, program, course or class provided by S Factor shall be submitted to final and binding arbitration before an arbitrator of AAA in Los Angeles County, California in accordance with the rules of that arbitration service provider governing commercial disputes. The cost of the arbitration shall be split equally by all parties to the arbitration. The prevailing party shall be entitled to reasonable costs and attorneys’ fees. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Severability, Amendment, Third Party Beneficiaries, Governing Law, Assignment
If any provision of this Agreement is held to be unenforceable, each such unenforceable provision shall be excluded from this Agreement, and the balance of the Agreement shall be interpreted as if each such unenforceable provision were excluded; provided, however, that if a provision is held unenforceable because it is excessively broad or unreasonable as to scope or subject, such provision shall continue to be enforced to the extent necessary to be reasonable under the circumstances and consistent with applicable law while reflecting as closely as possible the intent of the parties as expressed herein. This Agreement may only be modified by a writing signed by an authorized representative of S Factor. The parties hereto intend that this Agreement shall not benefit or create any right or cause of action in or on behalf of any person other than the parties hereto. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. The relevant S Factor entity with whom you have contracted may assign any or all of its rights and obligations under this Agreement to any of its related, parent, affiliated or subsidiary entities.