Terms and Conditions
1. In consideration of participating in physical activities (the “Activity”) at Movement Pilates(“MP,” a complete description of the services, facilities, and hours of access is available at movementpilatesla.com), I agree and acknowledge that I am fully aware that participation in the Activity involves risks and I accept all the risks of participating, even if the risks are created by the carelessness, or negligence of a Released Party (as defined below) or anyone else. For the purposes of this Agreement, “Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal injury, or death in connection with participation in the Activity. “Released Party” means MP or any of its affiliates, franchisees and their respective representatives, owners, directors, officers, agents, employees or volunteer staff. 2. I agree and acknowledge that: a. I am in proper physical condition to participate in the Activity, and am aware that participation could, in some circumstances, result in physical injury, serious physical injury or death. b. I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured. c. I will notify instructors immediately of any pain and/or major discomfort felt during the Activity. d. I am aware that it is advisable to consult a physician prior to participating in the Activity. If I have consulted a physician, I have taken the physician’s advice. e. If I am pregnant or plan to become pregnant during course of the Activity, I will consult a physician and obtain written clearance to participate in the Activity prior to participation. f. I am aware that if the Activity occurs outdoors, the streets adjourning the area of the Activity are open to regular vehicular traffic during the Activity and I will obey all traffic laws and regulations. 3. I also understand the following: a. All payments are non-refundable unless otherwise noted herein. b. The scheduling and content of activities may be changed. c. I am responsible for bringing my required equipment to every Activity (where applicable). d. I accept full responsibility for any product or technology loaned to me as part of participation in this Activity and commit to return the same in good working order. 4. I hereby, for myself and for my heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or Claims I may have, now or in the future, against any Released Party, even if the Claims are based on the carelessness, or negligence of a Released Party or anyone else. Without limiting the foregoing, I further release any recourses which I may now or hereafter have resulting from any decision of any Released Party. Further, I agree not to sue any Released Party for Claims, even if the Claims arise from the carelessness, or negligence of any Released Party or anyone else. I agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else. 5. I am aware that there is no obligation for any person to provide me with medical care during the Activity. I understand and acknowledge that there may be no aid stations or trained medical personnel available while I participate in the Activity, and If medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered. 6. I grant my permission to the Released Party and any transferee or licensee or any of them, to utilize any photographs, motion pictures, videotapes, recordings and other references or records of the Activity which may depict, record or refer to me for any purpose (“Likeness”), including commercial use by the released parties, their sponsors and their licensees. This permission is for use anywhere in the world and on the Internet and for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of my Likeness and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use my Likeness. 7. No warranties or representations have been made to me about the Activity which are not stated on this form. I understand and intend that this document act as the broadest and most inclusive assumption of risk, waiver, release of liability, agreement not to sue and indemnity. 8. PILATES PACKAGES & 24 HOUR CANCELLATION POLICIES I understand that there is a 24-hour cancellation policy for all scheduled sessions. I understand that I must notify my instructor at least 24 hours in advance or I will be charged for a full session and held responsible for payment in full. All sessions are 50 minutes in length and I understand that if I am late to my scheduled appointment, the session time will not carry over. I understand that all purchased class packages are non-refundable, non-transferable and nonexchangeable. All sessions are must be completed within 180 days of the purchase date. 9. I HAVE FULLY READ AND UNDERSTAND THIS AGREEMENT. I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASED PARTY. I UNDERSTAND THAT THE ACCEPTANCE OF THIS ENTIRE AGREEMENT IS A CONDITION TO USE MP’S SERVICES AND THAT ANY ALTERATIONS OR MODIFICATIONS TO THIS FORM ARE INVALID. 10. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. All terms subject to change (current terms posted on site). 11. This agreement shall be governed by the laws of California. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION IN LOS ANGELES, CALIFORNIA, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. 12. All terms subject to change (current terms posted on site). 13. MP reserves the right to terminate memberships and refuse service to anyone at any time for any reason. SECTION II: CLUB RULES 1. THERE IS NO LATE ENTRY TO CLASS. 2. Please do not leave class early unless you have an emergency. 3. Do not disrupt class. Follow the teacher’s direction. 4. Be respectful of others time and enjoyment of the facilities, including residents of The Avenue. 5. No glass in the studio. There are lots of bare feet around! 6. Nopictures in the bathrooms. 7. MP does not control the parking system. If you lose your ticket you will pay the lost ticket fee.8. Only one introductory offer per person. 9. If you terminate or if your membership lapses, you will be considered a new member when you rejoin and will pay the current standard rates. 10. Any an all requests for changes in membership must be made in writing to hello@movementpilatesla.com. There are no verbal requests. 11. Any requests related to a disability must be accompanied by a physician’s note confirming the disability. SECTION III: AGREEMENT If you cancel a term contract (6 or 12-month) for any reason other than death or disability, you agree that you will be charged for what would have been a month-to-month contract and expressly agree that such payment is for the services received prior to cancellation. Any refunds on pre-paid services shall consider that any services used thus far were on a month-to-month basis. You may cancel this agreement if you die (sorry!) or if you move more than 25 miles from the studio. You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to Movement Pilates at 3832 wilshire blvd. #200, Los Angeles, CA 90010. Your signature below means you agree to the Waiver, Club Rules, and Agreement (above).
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