MEMBERSHIP AGREEMENT, MEDICAL WAIVER, PHOTO RELEASE
This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Empower Movement Studio, LLC, located at 2740 Hudson Dr., Cuyahoga Falls, OH 44221 (“Empower Movement Studio”), and you the member. Empower Movement Studio, LLC is a boutique fitness studio offering group fitness classes. This Agreement entitles members access to participate in these classes.
Please review this Agreement thoroughly as it is a legal contract between Empower Movement Studio and all members. By using the services offered at Empower Movement Studio, members are agreeing to the terms of this Agreement.
PURCHASES AND PAYMENT
PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Monthly membership payments shall be made on a month-by-month basis, via automatic debited payment (credit card, debit card). Additional terms regarding the automatic debited payments are outlined below.
On Demand Video subscriptions are paid in advance monthly, on the calendar date which the membership became activated, for the following month. On Demand Video subscription payments shall be made on a month-by-month basis, via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below.
Single Class Drop In classes are paid for in advance and are a one-time, non recurring charge. Single Class Drop In payments shall be made via a credit card or debit card.
4 Class Packs are paid for in advance and are a one-time, non recurring charge. 4 Class Packs payments shall be made via a credit card or debit card.
In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.
CLASS CANCELLATION AND BOOKING POLICIES
RESERVING CLASSES: Clients are solely responsible for the booking and canceling of their classes. Clients may reserve class spots online through their account through the Empower Movement Studio website (empowermovementstudio.com) or the Fit by Wix application.
SIGN-IN: Clients are required to enter their scheduled class no later than 15 minutes after the scheduled start time. If a client does not enter their classroom by this time, it is considered a no-show and Empower Movement Studio reserves the right to assign the spot to another person on the waitlist.
CANCELLATIONS: Reservations may be canceled without penalty by canceling up to 12 hours prior to the class start time. This may be done online via a client’s account. Once the class is canceled within this time, the class will be returned to the client's account, and the client will not be charged the cancellation fee.
Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are not valid and the member will be charged.
If you book multiple classes, or waitlist multiple classes, you are solely responsible for canceling your classes within the bounds of the cancellation policy outlined above. Empower Movement Studio staff cannot be held responsible for accidental bookings by clients, double bookings, or double waitlisted classes made by members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.
AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of Empower Movement Studio and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes and exercise equipment in association with the Classes and Facilities.
You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You 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, you 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 Empower Movement Studio staff, you would be at physical risk participating in Empower Movement Studio Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Empower Movement Studio with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Empower Movement Studio's concerns and stating that Empower Movement Studio's concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Empower Movement Studio, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, 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 or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Empower Movement Studio's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Empower Movement Studio's Classes and Facilities, and should not be participating in any Classes.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Empower Movement Studio has put in place preventative measures to reduce the spread of COVID-19. However, the studio cannot guarantee that you or any member/employee of Sanctuary Fitness will not become infected with COVID-19. Further, attending the studio could increase your risk of contracting COVID-19.
You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by attending the Empower Movement Studio and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the studios may result from the actions, omissions, or negligence of myself and others, including, but not limited to, studio employees, instructors, and staff.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at Empower Movement Studio (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless Empower Movement studio, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Empower Movement Studio, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Empower Movement Studio program.
You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.
You agree to be solely responsible for the safety and well-being of yourself.
You agree to comply with all rules imposed by Empower Movement Studio regarding the use of the facilities and equipment.
You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by Sanctuary Fitness. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER
You may cancel this Membership Agreement at any time. All cancellations must be completed online via the Empower Movement Studio website. The cancellation will take effect the subsequent month. For example, if your billing payment is due the first day of the month, you must cancel prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be canceled as of the date of the subsequent billing payment due date.
CONDUCT/DAMAGES: Empower Movement Studio is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Empower Movement Studio’s rules and regulations or who abuse equipment in any fashion will be asked to leave. Empower Movement Studio has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Empower Movement Studio property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Empower Movement Studio reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Empower Movement Studio.
PHOTO/VIDEO RELEASE: You hereby grant Empower Movement Studio, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Empower Movement Studio and to use and publish these photos or videos in print and/or electronically. You agree that Empower Movement Studio may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.