PRIVACY POLICY

SUPERCHARGED® BY KWANZA JONES TERMS AND CONDITIONS and PRIVACY POLICY

TERMS AND CONDITIONS FOR CLASSES AND MEMBERSHIPS

Welcome to SUPERCHARGED by Kwanza Jones. This Privacy Policy, and Terms and Conditions (“Terms and Conditions”) constitute a binding, contractual agreement between you and SUPERCHARGED LLC and its subsidiaries, parents and affiliated companies (“SUPERCHARGED by Kwanza Jones,” “we” or “us”) regarding your purchase or use of any SUPERCHARGED by Kwanza Jones membership or any SUPERCHARGED by Kwanza Jones class credits, class packages or other services at SUPERCHARGED by Kwanza Jones or any other location where SUPERCHARGED by Kwanza Jones provides such services.

A “Member” is anyone who purchases or possesses a Membership from SUPERCHARGED by Kwanza Jones. A “Participant” is anyone who purchases a class credit or package from SUPERCHARGED by Kwanza Jones and/or anyone who attends a SUPERCHARGED by Kwanza Jones class or who receives any other service provided by us. In these Terms and Conditions, “SUPERCHARGED by Kwanza Jones” refers to either SUPERCHARGED by Kwanza Jones or the classes/services offered by SUPERCHARGED by Kwanza Jones as appropriate.

These Terms and Conditions apply to Members and Participants. Every time you make a purchase from us or attend a class or receive any other service from SUPERCHARGED by Kwanza Jones, you acknowledge and accept these Terms and Conditions. If you do not agree to this, please refrain from using the SUPERCHARGED by Kwanza Jones Website or SUPERCHARGED by Kwanza Jones App (as defined below). Your continued use of the SUPERCHARGED by Kwanza Jones Website or SUPERCHARGED by Kwanza Jones App following the posting of changes to these terms will indicate your acceptance of those changes.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE A DISPUTE RESOLUTION AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND SUPERCHARGED BY KWANZA JONES AGREE THAT DISPUTES BETWEEN US WILL REQUIRE NEGOTIATION THEN MANDATORY MEDIATION AS CONDITION PRECEDENT TO BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.

Our mailing address and contact information is as follows:

SUPERCHARGED by Kwanza Jones
8605 Santa Monica Blvd. #29406
Los Angeles, CA 90069
Telephone: (310) 494-6303
Email: friends@iamsupercharged.com

RESERVATIONS AND CHARGES

SUPERCHARGED by Kwanza Jones offers various packages for classes, ranging from one to multiple classes per package and also offers various other services, including semi-private and private training/coaching sessions. Once a package is purchased, Participants will receive a class Credit in their account for each SUPERCHARGED by Kwanza Jones class purchased in the package. “Credit” refers to any credit to take a SUPERCHARGED by Kwanza Jones class, whether purchased or complimentary. All Members and Participants must create a SUPERCHARGED by Kwanza Jones account (“Account”) before taking a class.

All Participants must arrive by five (5) minutes before the start of class to guarantee their spot. We reserve the right to offer the reservation to another Participant if the booked Participant does not call ahead. Entry may not be granted if you are more than ten (ten) minutes late.

EXPIRATION AND TRANSFERABILITY OF CREDITS

Credits have an expiration date as described in the Credit package or promotion details provided at the time of purchase. Once purchased, the expiration date or period can also be found on the SUPERCHARGED by Kwanza Jones App or the SUPERCHARGED by Kwanza Jones Website. Credits are non-refundable and cannot be resold.

MEMBERSHIP

SUPERCHARGED by Kwanza Jones offers various memberships for SUPERCHARGED by Kwanza Jones classes. Specific details for each of the Memberships, including the commitment period, can be found on the SUPERCHARGED by Kwanza Jones Website and SUPERCHARGED by Kwanza Jones App and/or in the promotional details provided at the time of purchase. Memberships cannot be shared or transferred, and any attempt to share or transfer a Membership will result in cancellation of the Membership, at SUPERCHARGED by Kwanza Jones' sole discretion, without a refund.

If a Member requests a Membership downgrade, the change will take effect on the billing date following the Member's request. Membership dues will not be prorated or refunded based on the date of the Membership downgrade request.

Some Membership changes, such as change to the membership type, will cause the commitment period to restart.

CANCELLATION POLICY

CLASS CANCELLATION FOR NON-MEMBERS

Reserved classes may be cancelled without penalty 12 hours in advance of the scheduled class at iamsupercharged.com (the “SUPERCHARGED by Kwanza Jones” Website”) under Classes or My Account or through the SUPERCHARGED by Kwanza Jones mobile application (the “SUPERCHARGED App”) on the Reserve or Reservation Details page. Each reservation not cancelled 12 hours in advance of the scheduled class will result in the forfeiture of the Credit used to reserve the class. (Please see below for the class cancellation policy for Members.)

CLASS CANCELLATION FOR MEMBERS

Members may cancel a class without penalty 12 hours in advance of the class at the SUPERCHARGED by Kwanza Jones Website under Classes or My Account or through the SUPERCHARGED by Kwanza Jones App on the Class page. Each reservation not cancelled 12 hours in advance will result in a fee of $15, which will be charged directly to Member's credit card.

WAITLIST FOR NON-MEMBERS

f no reservations are available for a particular class, Participants may join the waitlist. As spots become available, class reservations are offered by email or text (depending on when the reservation becomes available) to Participants on the waitlist on a first come, first served basis. If a Participant is offered and accepts a reservation off the waitlist but fails to attend the class, it will result in the forfeiture of the Credit used to reserve the class. (Please see below for the waitlist policy for Members.)

WAITLIST FOR MEMBERS

If no reservations are available for a particular class, Members may join the waitlist. As they become available, class reservations are offered by email or text to Members on the waitlist on a first come, first served basis. If Member is offered and obtains a reservation off the waitlist but fails to attend the class, it will result in a fee of $15, which will be charged directly to Member's credit card.

MEMBERSHIP CANCELLATION POLICY

There is a thirty (30) day cancellation policy for all memberships. If you want to cancel your membership at any point, email friends@iamsupercharged.com up to thirty (30) days prior to the expiration of the current month and we will cancel the auto renew. Membership dues will not be prorated based on the date of cancellation. Membership dues are non-refundable.

PAYMENTS

UNLESS OTHERWISE STATED BY SUPERCHARGED by KWANZA JONES IN WRITING, MEMBERSHIP CHARGES WILL BEGIN AT THE TIME OF PURCHASE AND RECUR MONTHLY UNTIL CANCELLED BY THE MEMBER IN ACCORDANCE WITH OUR MEMBERSHIP CANCELLATION POLICY. MEMBERSHIPS BEGIN AT THE TIME OF PURCHASE (NOT AT THE TIME OF MEMBER'S FIRST CLASS). THE MONTHLY DUES WILL BE CHARGED AUTOMATICALLY AND ON APPROXIMATELY THE SAME DAY OF THE MONTH THAT THE MEMBERSHIP COMMENCED AND ORIGINAL MEMBERSHIP PAYMENT WAS MADE (THE “BILLING DATE”).

Billing Dates cannot be moved to a different day of the month. If payment does not process successfully, the Membership will automatically become inactive until payment is made. Any lost time that results from payment processing failures will not be reimbursed or credited.

Cancelling a Membership before the end of the commitment period does not relieve Member of payment through the commitment period.

SUPERCHARGED by Kwanza Jones reserves the right to increase its Membership dues from time to time, and will provide Members written notice in advance of any increase and the opportunity to cancel their Membership once the increase is commenced. Members who choose to continue their Membership will be charged the increased dues in the next billing cycle after the increase has commenced. Please note that the advanced written notice and opportunity to cancel does not apply to Memberships that have automatic rate increases as described at the time of purchase.

PAYMENT OBLIGATIONS OF MEMBERS AND PARTICIPANTS

Memberships and Credits are non-refundable. Members and Participants shall not be relieved of the obligation to make payments agreed to, and no deduction from or reimbursement of any payment shall be made, because of Member's or Participant's failure to use SUPERCHARGED by Kwanza Jones’ facilities or services. In other words, Members must continue to pay the rate agreed upon for the duration of the Membership regardless of the number of classes attended. Participants will not be reimbursed or credited any unused Credits in the period allotted for the class package purchased. SUPERCHARGED by Kwanza Jones reserves the right to increase its Membership dues or class/package prices from time to time.

FORM OF PAYMENT

We accept American Express, Visa, and MasterCard. Cash payments may only be made at SUPERCHARGED by Kwanza Jones’ facilities. Payments for Membership dues or classes may not be split between multiple cards, and processed payments may not be refunded in order to charge payment to a different card. Members and Participants maintain full control and privacy over their account at all times.

Once you have provided us with, and agreed to store, your credit card information on the SUPERCHARGED by Kwanza Jones Website or the SUPERCHARGED by Kwanza Jones App, you do not need to have your physical credit card on hand to make in-studio purchases. Your in-studio purchases can be applied to the credit card you entered on the SUPERCHARGED by Kwanza Jones Website or the SUPERCHARGED by Kwanza Jones App.

FORM OF PAYMENT

Members and Participants will automatically be charged any bank fee imposed on SUPERCHARGED by Kwanza Jones, plus a processing fee of up to $30, for any returned payment due to closed accounts, insufficient funds, or other reason. If this occurs, SUPERCHARGED by Kwanza Jones retains the right to collect the current and past due balances in any month after the returned payment.

DISPUTED CHARGE PENALTY

In the event that a Member or Participant initiates a credit card dispute that is subsequently resolved in SUPERCHARGED by Kwanza Jones’ favor, SUPERCHARGED by Kwanza Jones shall have the right to charge the Member or Participant up to $50 per occurrence. Members or Participants who dispute a valid charge for a late cancellation or no-show will be subject to this $50 fee.

DISPUTED CHARGE PENALTY

In the event that a Member or Participant initiates a credit card dispute that is subsequently resolved in SUPERCHARGED by Kwanza Jones’ favor, SUPERCHARGED by Kwanza Jones shall have the right to charge the Member or Participant up to $50 per occurrence. Members or Participants who dispute a valid charge for a late cancellation or no-show will be subject to this $50 fee.

CHANGE IN OPERATING HOURS/TEMPORARY CLOSING OF FACILITY

As a result of repair, maintenance, special occasions or events, holidays, acts of God (such as an earthquake), or for other reasons, SUPERCHARGED by Kwanza Jones may elect to restrict the use of or temporarily close its facilities or activities from time to time. There will be no reduction, suspension or reimbursement of Membership dues during such time nor extension of a Membership period as a result of any temporary closing. Also, hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at SUPERCHARGED by Kwanza Jones' sole discretion. For questions or specific issues about the closure of SUPERCHARGED by Kwanza Jones facilities and use of Credits, email friends@iamsupercharged.com.

OFFERINGS FOR MEMBERS AND PARTICIPANTS

SPECIAL PROMOTIONS/OFFERS

From time to time, SUPERCHARGED by Kwanza Jones may offer special promotions or offers. When such promotions or offers arise, please refer to the specific promotion details for any terms that may differ from these Terms and Conditions.

STUDENT, TEACHER AND MILITARY CREDITS

From time to time, SUPERCHARGED by Kwanza Jones offers discounted classes to students, teachers, and members of the military, subject to eligibility restrictions and conditions that are subject to change. Students, teachers, and members of the military who are interested in receiving these discounts must provide SUPERCHARGED by Kwanza Jones with the proof requested by SUPERCHARGED by Kwanza Jones to verify status. Student, teacher, and military class Credits are non-transferable and cannot be used to reserve a class for anyone other than the intended student, teacher or military recipient whose status has been verified by SUPERCHARGED by Kwanza Jones. SUPERCHARGED by Kwanza Jones reserves the right, from time to time, to verify ongoing eligibility of student, teacher, or military status.

CONDUCT, RISKS AND SAFETY

CONDUCT

Members and Participants shall not use the SUPERCHARGED by Kwanza Jones studio, facilities, service or equipment in such a way as to endanger the health or safety of themselves or others. Members and Participants shall be responsible for any property damage or personal injury caused by themselves or their guests. Members and Participants agree not to violate any laws while in SUPERCHARGED by Kwanza Jones facilities.

REVOCATION OF MEMBERSHIPS AND CREDITS

SUPERCHARGED by Kwanza Jones, in its sole discretion, may revoke Memberships or Credits at any time and without refund, in the event that a Member or Participant engages in behavior that is unsafe or objectionable to any other Member, Participant or staff, or for reasons of nuisance or disturbance to any other Member, Participant or staff, moral turpitude, fraud, personal hygiene or attire. SUPERCHARGED by Kwanza Jones also reserves the right, in its sole discretion, to require a Member or Participant to leave for the day if, in SUPERCHARGED by Kwanza Jones’ reasonable judgment, a Member or Participant poses a health or safety risk, or is disturbing or is likely to disturb any other Member, Participant or staff.

MEDICAL RECOMMENDATIONS AND DISCLAIMER

Members and Participants should consult with their physician or have a physical examination before using any of SUPERCHARGED by Kwanza Jones’ facilities or enrolling in any classes, especially if the Member or Participant is elderly, pregnant, has a prior injury, has a history of heart disease, high blood pressure or other chronic illness, is unaccustomed to physical exertion or has other physical limitations. Members and Participants acknowledge that SUPERCHARGED by Kwanza Jones makes no claims as to medical or fitness results that can or may be obtained through use of the SUPERCHARGED by Kwanza Jones’ facilities, equipment or services. SUPERCHARGED by Kwanza Jones has neither suggested nor will suggest any medical treatment to Members or Participants. Only licensed medical professionals are qualified to give medical advice.

HEALTH WARRANTY

Members and Participants represent that: (1) there are no medical or physical conditions that would preclude their use of SUPERCHARGED by Kwanza Jones’ facilities or services; (2) they have not been instructed by any physician not to use SUPERCHARGED by Kwanza Jones’ facilities, equipment, services, or similar equipment or services; and (3) they are in good health and have no disability, impairment, injury, disease or ailment preventing them from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. Members and Participants acknowledge that if they have any chronic disabilities or conditions, they are at risk in using SUPERCHARGED by Kwanza Jones' classes and facilities, and should not be participating in any classes.

ACTIVITY RISKS

Any strenuous athletic or physical activity involves certain risks. Members, Participants and their guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of SUPERCHARGED by Kwanza Jones' facilities or services. SUPERCHARGED by Kwanza Jones cannot guarantee that any facility or equipment is free of risk. Members and Participants agree to exercise care in the use of SUPERCHARGED by Kwanza Jones' facilities, equipment and services to protect against accidents, injuries or losses.

LOSS OF PROPERTY

Members and Participants are urged not to bring valuables onto SUPERCHARGED by Kwanza Jones premises and, if they choose to do so, to keep valuables with themselves at all times. SUPERCHARGED by Kwanza Jones shall not be liable for the disappearance, loss, theft of or damage to personal property (including money, jewelry, or other valuables), including items left in lockers, cabinets, cubbies, storage containers, or storage locations.

ACCOUNT PROTECTION

Members and Participants may not let others use their SUPERCHARGED by Kwanza Jones username or password. If a Member or Participant allows another person to use their Member ID or password to book and/or attend classes, SUPERCHARGED by Kwanza Jones, in its sole discretion, reserves the right to revoke or suspend Member's Membership or Participant's Credits.

WAIVER, RELEASE AND INDEMNITY

All Members, Participants and their guests are required to sign a waiver prior to participating in any classes at SUPERCHARGED by Kwanza Jones. By signing up for and/or attending classes, semi-private and private trainings, events, activities, and other programs and using the premises, facilities and equipment, at SUPERCHARGED by Kwanza Jones or any other location where SUPERCHARGED by Kwanza Jones is providing services, Members and Participants acknowledge on behalf of themselves, their heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in fitness, wellness, and exercise equipment in association with the classes, services and facilities. Members and Participants acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. Members and Participants also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, Members and Participants shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the SUPERCHARGED by Kwanza Jones staff, you would be at physical risk participating in SUPERCHARGED by Kwanza Jones’ classes, Members and Participants understand and agree that they may be denied access to the classes and facilities until they furnish SUPERCHARGED by Kwanza Jones with an opinion letter from Member’s or Participant’s medical doctor, at Member’s or Participant’s sole cost and expense, specifically addressing SUPERCHARGED by Kwanza Jones’ concerns and stating that SUPERCHARGED by Kwanza Jones’ concerns are unfounded. In consideration of being allowed to participate in and access the classes, services and facilities, Members and Participants hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by Member or Participant in relation to the classes, services, events and facilities, and (2) release, indemnify, and hold harmless SUPERCHARGED by Kwanza Jones, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, shareholders, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the classes, services, events or use of the facilities.

ADDITIONAL GENERAL PROVISIONS

LOCKERS & CUBBIES

Lockers, cubbies, storage containers, or storage locations are provided solely for the benefit and convenience of the Members and Participants. SUPERCHARGED by Kwanza Jones’ staff will remove (and may discard) any articles left in a locker, cubby, storage container, or storage location overnight.

MOBILE PHONES

Mobile phones must be turned off and stored when in the studio unless prior permission has been granted by a studio manager due to exceptional circumstances. We do not allow any photos or videos to be taken during class.

PETS AND BICYCLES

Pets (excluding registered service pets) and bicycles (including skateboards, scooters, roller skates, rollerblades, hoverboards and other similar methods of transportation) are not permitted in SUPERCHARGED by Kwanza Jones facilities, unless otherwise stated by the studio.

DRESS CODE

Proper athletic attire, including closed-in sports shoes, are required and must be worn when participating in physical fitness classes and activities. SUPERCHARGED by Kwanza Jones reserves the right to make the final determination in its sole discretion with regard to appropriate attire for all classes, events and activities.

INDEPENDENT CONTRACTORS

From time to time, SUPERCHARGED by Kwanza Jones may make the services of independent contractors available to Members, Participants, or their guests. SUPERCHARGED by Kwanza Jones does not warrant or guarantee the quality of these services.

GUEST RULES

Guests are permitted in SUPERCHARGED by Kwanza Jones studio but only pursuant to such rules, fees and schedules as then may be in effect, including these Terms and Conditions. All guests must register at the front desk, with valid identification, and sign SUPERCHARGED by Kwanza Jones’ standard liability waiver form.

SPECIAL EVENTS

SUPERCHARGED by Kwanza Jones may from time to time reserve the use of its facilities for special events, programs, competitions and private functions.

CHILDREN'S USE

Anyone under the age of 18 needs to get a parent or guardian to sign a waiver in person. SUPERCHARGED by Kwanza Jones does not accept the online registration of minors; please do not attempt to register on the SUPERCHARGED by Kwanza Jones Website or SUPERCHARGED by Kwanza Jones App if you are under the age of 18. Children 13-15 years of age may attend class with a parent or guardian present in the class. Children under 13 are not permitted unless participating in a class designed for children. If SUPERCHARGED by Kwanza Jones discovers that personal information has been submitted by a minor without a signed waiver, SUPERCHARGED by Kwanza Jones reserves the right to delete such information. SUPERCHARGED by Kwanza Jones does not seek or share personal information from minors through the SUPERCHARGED by Kwanza Jones Website or the SUPERCHARGED by Kwanza Jones App.

NON-DISCRIMINATION

SUPERCHARGED by Kwanza Jones does not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry with respect to participation in SUPERCHARGED by Kwanza Jones classes or activities.

PHOTOGRAPHY AND VIDEOS

Members and Participants grant SUPERCHARGED by Kwanza Jones permission to use their name, voice and likeness in a photograph and/or video in any and all publications and materials without payment or consideration made to them. Members and Participants realize these photos, and/or videos become the property of SUPERCHARGED by Kwanza Jones and will not be returned. Members and Participants authorize SUPERCHARGED by Kwanza Jones to use, edit, copy, publish or exhibit any photo or video for any lawful purpose. Members and Participants waive the right to review any photo or video or to obtain royalties from the photo or video.  Please Note: Photos and videos will be taken during our classes, events and at our facilities and some photographs/videos will be posted on the SUPERCHARGED by Kwanza Jones Websites, SUPERCHARGED by Kwanza Jones App and other related websites, locations and materials. Please let the staff of SUPERCHARGED by Kwanza Jones know if you do not wish to have your picture/video made public.

INTELLECTUAL PROPERTY RIGHTS, LINKS TO THIRD PARTY WEBSITES AND CO-BRANDED WEBSITES

The trademarks, service marks, and trade dress of SUPERCHARGED by Kwanza Jones are proprietary to SUPERCHARGED by Kwanza Jones and may not be used by you for any reasons other than as expressly permitted by these terms. All SUPERCHARGED by Kwanza Jones Website and SUPERCHARGED by Kwanza Jones App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof, and all software are property of, or duly licensed to, SUPERCHARGED by Kwanza Jones. You have the right to view, electronically copy, and print in hard copy portions of the SUPERCHARGED by Kwanza Jones Website and SUPERCHARGED by Kwanza Jones App for the sole purpose of making class reservations and purchases.

Any other use of materials on the SUPERCHARGED by Kwanza Jones Website or SUPERCHARGED by Kwanza Jones App, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of SUPERCHARGED by Kwanza Jones, is strictly prohibited.

You acknowledge that SUPERCHARGED by Kwanza Jones and/or third party content providers remain the owners of all SUPERCHARGED by Kwanza Jones Website and SUPERCHARGED by Kwanza Jones App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. SUPERCHARGED by Kwanza Jones may discontinue or remove the SUPERCHARGED by Kwanza Jones Website or SUPERCHARGED by Kwanza Jones App, or any portion thereof, or discontinue your right to use the SUPERCHARGED by Kwanza Jones Website or SUPERCHARGED by Kwanza Jones App, or any portion thereof, at any time.

The SUPERCHARGED by Kwanza Jones Website or SUPERCHARGED by Kwanza Jones App may contain links to third party websites, however, please be aware that SUPERCHARGED by Kwanza Jones is not responsible for and cannot control these other websites. The SUPERCHARGED by Kwanza Jones Website or SUPERCHARGED by Kwanza Jones App may contain links to co-branded websites that are maintained by third parties by agreement with SUPERCHARGED by Kwanza Jones. SUPERCHARGED by Kwanza Jones makes no representations whatsoever about any other website. When you access any other websites, even one that may contain the SUPERCHARGED by Kwanza Jones logo, please understand that it is independent from SUPERCHARGED by Kwanza Jones, and that SUPERCHARGED by Kwanza Jones may have no control over the content on that website. In addition, a link to another website does not mean that SUPERCHARGED by Kwanza Jones endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever website you select for your use is free of viruses, contamination or other items of a destructive nature.

ENFORCEMENT

If any provision of this agreement 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 this agreement, 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.

DISPUTE RESOLUTION AGREEMENT AND CLASS WAIVER

DISPUTE RESOLUTION AGREEMENT AND CLASS WAIVER

PLEASE READ THE FOLLOWING DISPUTE RESOLUTION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND SUPERCHARGED BY KWANZA JONES TO AGREE TO RESOLVE ALL DISPUTES THROUGH NEGOTIATION THEN MANDATORY MEDIATION AS CONDITION PRECEDENT TO BINDING ARBITRATION, UNLESS OTHERWISE NOTED.

A. Applicability of Dispute Resolution Agreement. All claims and disputes arising out of or related to these (excluding claims for emergency injunctive or other equitable relief as set forth below) Terms and Conditions, or the breach thereof, which cannot be resolved informally through negotiation shall be subject to mandatory mediation of no less than 40 hours administered by the American Arbitration Association under its AAA Mediation.org Mediation Procedures before resorting to final binding arbitration under the terms of this Dispute Resolution Agreement. Mediation shall be a condition precedent to any other remedy under this agreement. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this agreement applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. This Dispute Resolution Agreement applies to you and SUPERCHARGED by Kwanza Jones, its direct and indirect parent, subsidiaries affiliate entities, and each of their respective officers, directors, members, employees, shareholders, representatives and agents, and each of their respective successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms and Conditions.

B. Notice Requirement and Informal Dispute Resolution. Before either party may seek mediation or arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to SUPERCHARGED by Kwanza Jones should be sent to: SUPERCHARGED by Kwanza Jones, 8605 Santa Monica Blvd. #29406, Los Angeles, CA 90069, Attention: Legal. After the Notice is received, you and SUPERCHARGED by Kwanza Jones may attempt to resolve the claim or dispute informally through negotiation. If you and SUPERCHARGED by Kwanza Jones do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin a mandatory mediation. The mediation shall be held in the city of Santa Monica, California, unless the parties agree otherwise. If the dispute is not resolved via mandatory mediation of no less than 40 hours within 60 days after the appointment of a mediator, and the good faith attempt of all parties engaging in the mediation proceeding, then either party may begin a final, binding arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

C. Mediation and Arbitration Rules. Mediation and arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers mediation and arbitration as set forth in this section. If AAA is not available to mediate or arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this mediation or arbitration, including but not limited to the method of initiating and/or demanding mediation or arbitration, except to the extent such rules are in conflict with these Terms and Conditions. The AAA Mediation.org Mediation Procedures (“Mediation Rules”) govern the mediation and are available online at www.aaamediation.org or by calling AAA Mediation at 1-877-250-0329. The mediation shall be conducted by one neutral mediator selected by mutual agreement of the parties. The AAA Consumer Arbitration Rules (“Arbitration Rules”) govern the arbitration and are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by two neutral arbitrators, of whom each party shall designate one. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the city of Santa Monica, California, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction.

D. Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, video conference, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

E. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and SUPERCHARGED by Kwanza Jones, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and SUPERCHARGED by Kwanza Jones.

F. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

G. Confidentiality. All aspects of the mediation and arbitration proceedings, including but not limited to the resolution terms, settlement amounts, award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

H. Severability. If any part or parts of this Dispute Resolution Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Dispute Resolution Agreement shall continue in full force and effect.

I. Right to Waive. Any or all of the rights and limitations set forth in this Dispute Resolution Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Dispute Resolution Agreement.

J. Survival of Agreement. This Dispute Resolution Agreement will survive the termination of your relationship with SUPERCHARGED by Kwanza Jones.

K. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Dispute Resolution Agreement.

GOVERNING LAW, VENUE AND JURISDICTION

To the extent the parties are permitted under these Terms and Conditions to initiate litigation in court, both you and SUPERCHARGED by Kwanza Jones agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to these Terms and Conditions shall be governed in all respects by the substantive law of the state of California, without regard to its conflict of law principles. You and SUPERCHARGED by Kwanza Jones hereby consent to submit to the jurisdiction of the federal and state courts sitting in the State of California for any actions, suits or proceedings arising out of or relating to these Terms and Conditions that are not subject to the Dispute Resolution Agreement.

ENTIRE AGREEMENT

These Terms and Conditions and any other rules, policies and regulations of SUPERCHARGED by Kwanza Jones as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements. This agreement may be modified only by an instrument in writing and only by SUPERCHARGED by Kwanza Jones.

PRIVACY POLICY

SUPERCHARGED by Kwanza Jones understands the importance of privacy, and we want you to be as comfortable as possible using our SUPERCHARGED by Kwanza Jones Website, SUPERCHARGED by Kwanza Jones App and other services. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may change, but any changes will be posted and changes will only apply to activities and information on a “going forward” basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used. Note: the privacy practices set forth in this privacy policy are for this SUPERCHARGED by Kwanza Jones Website and SUPERCHARGED by Kwanza Jones App only. If you link to other websites, please review the privacy policies posted at those sites.

COLLECTION OF INFORMATION

We collect certain personal information, such as names, postal and email addresses, credit card information etc., when voluntarily submitted by our Members and Participants. The information you provide is used to fulfill your specific request, to improve the experience on our SUPERCHARGED by Kwanza Jones Website and SUPERCHARGED by Kwanza Jones App, and to ensure a successful experience at SUPERCHARGED by Kwanza Jones. SUPERCHARGED by Kwanza Jones may also log non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users of the site. This data is used to manage the SUPERCHARGED by Kwanza Jones Website and SUPERCHARGED by Kwanza Jones App, track usage and improve the SUPERCHARGED by Kwanza Jones Website and SUPERCHARGED by Kwanza Jones App services. This non-personally identifiable information may be shared with third parties to provide more relevant services and advertisements to users. User IP addresses are also recorded for security and monitoring purposes. We may also record information about your usage, such as when you use the SUPERCHARGED by Kwanza Jones Website and SUPERCHARGED by Kwanza Jones App. If you are logged in, we may associate that information with your account. We may use clear gifs (a.k.a. “web beacons”) in html- based emails sent to our users to track which emails are opened by recipients. We may also use a user’s email address to send updates, a newsletter, news or information regarding SUPERCHARGED by Kwanza Jones. Users may elect not to receive these emails by following opt-out instructions. SUPERCHARGED by Kwanza Jones reserves the right to send you important notices about your account even if you opt out of all voluntary email notifications.

Closed circuit security cameras

SUPERCHARGED by Kwanza Jones takes safety and security very seriously. For this reason, we use closed circuit security cameras within our facility.

Cookie/tracking technology

his SUPERCHARGED by Kwanza Jones Website or SUPERCHARGED by Kwanza Jones App may use cookie and tracking technology. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the SUPERCHARGED by Kwanza Jones Website or SUPERCHARGED by Kwanza Jones App, and understanding how visitors use the SUPERCHARGED by Kwanza Jones Website and SUPERCHARGED by Kwanza Jones App. Cookies can also help customize our SUPERCHARGED by Kwanza Jones Website and SUPERCHARGED by Kwanza Jones App for visitors. Personal information cannot and will not be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Distribution of information

When necessary, SUPERCHARGED by Kwanza Jones may share information with governmental agencies or other third parties assisting us in fraud prevention or the investigation of fraudulent or criminal activity. We may do so when: (i) permitted or required by law; (ii) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or (iii) when investigating fraud which has already taken place. Your information is not provided to these companies for marketing purposes.

Commitment to data security

We will keep your personal information secure at all times. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) will have access to this information. All marketing emails and newsletters from the SUPERCHARGED by Kwanza Jones site allow you to opt out of further marketing mailings. We use industry-standard efforts to safeguard the confidentiality of your personal information (such as firewalls and secure sockets layer software) where appropriate. Nevertheless, absolute security does not yet exist on the internet.

CHANGES

We encourage you to refer to these Terms and Conditions on an ongoing basis as our policies are subject to change. Occasional changes may be made to this agreement as new services and content are added to the SUPERCHARGED by Kwanza Jones Website and/or SUPERCHARGED by Kwanza Jones App to reflect changes in SUPERCHARGED by Kwanza Jones’ policies. These Terms and Conditions may be revised at any time by updating this posting. By using the SUPERCHARGED by Kwanza Jones Website and/or SUPERCHARGED by Kwanza Jones App and/or services, you agree to be bound by any such revisions. Users of the SUPERCHARGED by Kwanza Jones Website and SUPERCHARGED by Kwanza Jones App are encouraged to check these Terms & Conditions and Privacy Policy periodically to stay informed of current privacy and other SUPERCHARGED by Kwanza Jones guidelines.