Energetic Motion Studio

Liability Waiver Text:

Welcome to Energetic Motion Studio, LLC! (“Fitness Provider”, “Energetic Motion Studio”, “us”, “our” or “we”).

OUR SERVICE: We provide services of group fitness classes, personal training sessions, group training sessions, and private yoga/meditation sessions, which includes without limitation energetimotionstudio.com and our Energetic Motion Studio Acuity Site, among others (collectively the “Site(s)”), and mobile applications (“Apps”).

WAIVER: I, (enter name), hereby agree that by signing this document, I consent to waive certain legal rights, including the right to sue the following party, and, if applicable, its owners, trainers, instructors, representatives, and facilities from any physical, material, tangible or intangible, loss or damages that may happen to me or my belongings during my participation in any of the fitness services (hereinafter, "Fitness Services”) undertaken while under the Fitness Provider’s instruction. I will be voluntarily participating in the Fitness Services that will be conducted by the Fitness Provider. These Fitness Services will include, but not be limited to the following:

Barre, Chair Fitness, Spin, Yoga, and Zumba group classes and Personal Training, Group Training, and Private Yoga/Meditation sessions.

I agree with and understand the following:

It is my responsibility to consult a physician before participating in this or any fitness program, and I affirm that I have no medical conditions that would restrict me from participating in any of the Fitness Services.

I agree to hold the Fitness Provider, and if applicable, its owners, trainers, instructors, and representatives, harmless from any damage, whether tangible or intangible, that may happen to me while participating in the Fitness Services. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attacks, raised blood pressure, and broken, fractured, or dislocated bones.

I agree that the Fitness Provider offers the Fitness Services with no guarantee of results. I agree that I am solely responsible to maintain the diet and fitness regime appropriate for my level of health and stamina, and I agree that any results that occur, whether positive or negative, are the effects of my own personal choices.

I agree that participation in the Fitness Services is not a replacement for actual medical care, and that if I do experience medical issues, I will contact my doctor immediately.

I agree and verify that all of the information that I have given the Fitness Provider and its representatives is accurate, up-to-date, and without the omission of any known medical issues.

I agree and verify that if I have omitted any necessary personal information, whether knowingly or unknowingly, I will hold the Fitness Provider harmless against all liability for any damages that may occur to myself or to others because of my actions or inactions.

I agree to keep the Fitness Provider apprised of any changes or upcoming changes concerning my physical health and personal information.

I understand and agree that it is my responsibility to let the Fitness Provider know if I find myself in any pain or discomfort before, after, or during the Fitness Services.

If I do require medical treatment or attention while or after participating in the Fitness Services, I agree that the medical costs are mine and mine alone and hold the Fitness Provider blameless from any charges, fees, or costs that my conditions may incur.

This Fitness Services Waiver will bind and be enforceable against me and all of my personal representatives. I agree that this Fitness Services Waiver should be enforceable to the fullest extent of the law, and if any portion is held invalid, the remainder should continue in full legal force and effect.

I specifically acknowledge and agree that this document is not intended to be a general release, which would be limited under some state and local laws. This Fitness Services Waiver shall be construed and interpreted as broadly as possible in the applicable jurisdiction.

ASSUMPTION OF RISK: I understand and am aware that my participation in the Fitness Services involves risks. These risks may lead to tangible or intangible harm, and I agree that they may result not only from my own actions but also from the actions of others. With the knowledge and understanding of these risks, I choose, of my own will and volition, to continue participating in the Fitness Services.

I am also aware that there are risks that I may not have considered, yet I waive my right to any claims that may occur from these unconsidered risks and I choose, of my own will and volition, to participate in the Fitness Services.

COVENANT NOT TO SUE: I will not start any lawsuit or other court action against the Fitness Provider, nor will I join any such proceeding, including any claim for money damages. I acknowledge and agree that I am entering a covenant not to sue the Fitness Provider in any capacity, including to hold the Fitness Provider liable for any injury, loss, or damage sustained by me or my property, even if it is due to the Fitness Provider's negligence or omission. I also waive the right of any of my insurers' to make any such claim.

INDEMNIFICATION: I agree to defend and indemnify the Fitness Provider and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to my use or misuse of the Fitness Services or my conduct or actions. I agree that the Fitness Provider shall be able to select its own legal counsel and may participate in its own defense, if desired.

REPRESENTATION: I am over 18 (eighteen) years of age and am medically and physically able to participate in the Fitness Services. If I am younger than 18 (eighteen), I must provide a signature of a parent or legal guardian to grant me permission to participate in the Fitness Services. If singing for a minor, I believe the minor is medically and physically able to participate in the Fitness Services. The Fitness Provider is not responsible for monitoring or seeking verification of user qualification or age. However, if we discover that a user is participating in the Fitness Services without signed consent from a parent or legal guardian, we will immediately take action to terminate such access.

GOVERNING LAW: This Fitness Services Waiver shall be governed by and construed in accordance with the internal laws of Oklahoma without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in Oklahoma county in any legal suit, action, or proceeding arising out of or based upon this Fitness Services Waiver.

I have read the above Fitness Services Waiver fully, and I understand and agree to its contents. I understand and agree that by signing this Fitness Services Waiver I forfeit any right, claim, or ability to hold the Fitness Provider responsible for any tangible or intangible damages, loss of property, or loss of life that may occur during or after my use of the facilities and participation in the Fitness Services.

PHOTO/VIDEO RELEASE: I grant permission and consent to Energetic Motion Studio (the "Releasee") for the use of any and all photograph(s) and/or video(s) taken before, during, and/or after group fitness classes and special events, for presentation under any legal condition, including but not limited to: publicity, copyright purposes, illustration, advertising, and web content. I understand that there shall be no payment for this release. I understand that no royalty, fee, or other compensation shall become payable to me by reason of such use. I understand that with my authorization, the photograph(s) and/or video(s) may never be revoked.

Cancellation Policy

Energetic Motion Studio cancellation policy is as follows:

CANCELLATION POLICY: For regular group fitness classes, clients must cancel their class reservation no later than 3 (three) hours before the class start time; otherwise, the client will be considered a "late cancel" and lose the class credit altogether, meaning the class can no longer be redeemed for another class time. If the client has an "unlimited" membership, there will be a $10 Late Cancel Fee charged to the account in the event of a late cancel or no show.

For personal training, wedding dance lessons, and personal and group yoga/meditation sessions, clients must cancel their session reservation no later than 24 (twenty-four) hours before the session start time; otherwise, the client will lose the session credit altogether, meaning the session can no longer be redeemed for another session time.

NO SHOWS: If a client "no shows" (does not show up or tune in to a class or session that they have reserved a spot for) or is 10 (ten) minutes or more late to class, the client will not be admitted into the class and the class or session credit will be used and not able to be redeemed for another class or session time. A $10 Late Cancel Fee will be applied with "unlimited" memberships in the event of a no show.

Purchase Policy

Energetic Motion Studio purchase policy is as follows:

Class Expirations:

Drop In class expires 7 days after the purchase date
5 Pack expires 2 months after the purchase date

10 Pack expires 4 months after the purchase date

All Personal Training and Private and Group Yoga/Meditation sessions expire 14 days after the purchase date.

Wedding Dance Lesson sessions expire 3 months after the purchase date.

All sales of services are final and non refundable. All class credits are non transferable.

Terms & Conditions

By participating in the Fitness Services or using the Site, you accept and agree to these Terms of Use governing your use of the Fitness Services and the Site. If you do not agree to these Terms of Use, you may not use our services or the Site.

SIGNING INTO CLASS: You can reserve a spot in any group class no later than 5 (five) minutes before the class starts. For Personal Training sessions and Private and Group Yoga/Meditation sessions, clients can reserve a session no later than 3 (three) hours before the start of a session time, to give the instructor plenty of time to prepare a workout just for you. For Wedding Dance Lessons, clients can reserve a session no sooner than 2 (two) weeks notice, to allow time for the instructor to learn choreography to teach.

EXCLUSIVE OWNERSHIP RIGHTS: We solely own and control the content of our classes, services, and additional content. We do not grant or imply any ownership of the Site to you. You may use the content by attending the Fitness Services on the Site on your personal computer or other internet device for non-commercial use only. You may not otherwise copy, reproduce, distribute or otherwise exploit any content on the Site. We do not grant any license or other authorization to any user of our service marks or logos, without our separate express written agreement.

USE OF THE SITE: Use of the Site for the any following purposes or activities is strictly prohibited: a) conducting or supporting illegal activity of any type whatsoever; b) transmitting or storing worms or viruses or any code of a destructive nature; c) threatening, harassing, abusing, impersonating, injuring or intimidating others; d) interfering with others' use of the Site, unless such interference is for the purpose of complying with another section of these Terms of Use; e) delivering spam or collecting information to deliver spam, or sending unsolicited email advertisements; f) decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in the Site; g) disguising the origin of any content transmitted through the Site or manipulating your presence on the Site; and/or h) causing the launch of any automated system(s) that accesses the Site in a manner that sends more request messages to servers of the Site in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.

DISCLAIMER OF WARRANTIES: We cannot guarantee uninterrupted access to the Fitness Services when the Fitness Services are being redeemed on the Site, verses in person. We do not warrant that the Site or the Fitness Services, content, or functions contained therein will be timely or secure or continue uninterrupted or error-free or that defects will be corrected. We make no warranty that the Site will meet users' requirements. If you should be dissatisfied with the Site, your sole remedy is to discontinue use.

LINKS FROM THE FITNESS PROVIDER: Our Personal Training, Group Training, and Private Yoga/Meditation sessions will require links to other third-party websites maintained and operated by persons and/or companies outside of the Fitness Provider. We provide these links for your assistance and ability to participate in the Fitness Services. The existence of a linked website does not constitute an endorsement by us of the website or its content, products, services, advertising or other materials.

You understand and agree that we are not responsible or liable, directly or indirectly, for the availability or content of any linked website - or for any of the goods, services, or advertising available from these sites.

APPLICABLE LAWS: We control and operate this Site from our office in the United States of America. We are not licensed outside of the United States. We do not represent that the Fitness Services are appropriate or available for use in other nations or other locations. Persons who choose to access this Site from other locations do so on their own initiative and are responsible for all aspects of compliance with local laws.

Return/Refund Text

All sales of services are final and non refundable.

Privacy Policy

This privacy policy sets out how Energetic Motion Studio uses and protects any information that you give when you become a prospect or client, giving us your personal information. We are committed to ensuring that your privacy is protected.

We may collect all of the following information, but not limited to:

Your name
Your contact information, including email address and phone number
Demographic information such as zipcode, preferences and interests
Other information relevant to customer surveys and/or offers

You acknowledge and agree that you are solely responsible for the accuracy and content of all personal information and any other data you submit. We cannot be responsible for maintaining any information that you provide to us, and we may delete or destroy any such information at any time.

You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

We require personal information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping
Improving our services
We may periodically contact you by phone, email, text message or mail to inform you about new services, special offers, or other information which we think you may find interesting, using the information you have provided
We may use the information to customize the website and experience according to your interests

The Site may contain links to other websites of interest, and we are not responsible for the protection and privacy of any information you provide when you visit sites we link to. We advise when visiting other websites you exercise caution and check the privacy statement applicable to the website in question.

You may choose to restrict the collection or use of your personal information in the following ways:

Whenever you receive an email or text message, you may respond "unsubscribe" to be unsubscribed from the list
Whenever you receive a phone call from us, you may request that we do not contact you by phone in the future

You should note we reserve the right to contact you with important account information deemed necessary to ensure you receive an effective service. This includes the communication of results and other information deemed by the Fitness Provider to be relevant and important in ensuring you receive the best possible service and results.

We will not sell, distribute, or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about the Fitness Services that we provide.

You may request details of personal information which we hold about you. If you believe that any information we are holding is incorrect or incomplete, please email us as soon as possible at energeticmotionstudio@gmail.com and we will correct it in line with your request.

We reserve the right to change these policies at any time with or without notice to you. By using the Site and our Fitness Services following any modifications to the policies, you agree to be bound by any such modifications to the policies.