By checking this box and joining a membership with Hannah Rae Training I confirm that I have read and agree to comply with the following terms and conditions. Please let us know if you would like a copy of this membership agreement for your records.

Liability

I understand that the risk of injury from Pilates and personal training activities and Pilates and personal training equipment may be significant, including risk of injury or death. I knowingly and freely assume such risks, both known and unknown. I acknowledge that I may engage in privately supervised, group supervised, or unsupervised activity and I assume all risks of using equipment or props, movement or exercise routines with or without staff present. In addition, I acknowledge that Clarity Pilates LLC, currently doing business as Hannah Rae Training (the Studio) may include outdoor risks such as slippery surfaces, loose rocks and gravel, unseen landscaping issues or more.

I hereby release and hold harmless the Studio and the Studio owners of this business or any other business that may be associated with this company, with respect to any and all injury, disability, death, loss or damage to a person or property that may arise out of connection with this business or any use of its products, services or classes.

I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that this business is relying on this release in agreeing to enter into this agreement.

I have read the release of liability and assumptions of risk agreement and fully understand its terms and that I have given up substantial rights by signing it and I sign it freely and voluntarily without inducement.

Additional Terms and Conditions: I hereby confirm that I am aware and agree to all additional terms and conditions included in this document.

Authorization for Preauthorized Payments

We hereby authorize the designated billing company selected by this business to draw items (including checks and charge cards) for the purpose of paying dues for services. This includes any late fees or services fees as well as additional authorized payments, charged to the account saved in the Studio’s booking software. Membership payment will draw on the 15th of each month unless otherwise noted herein.

Forms of payment: Automatic payments may be made via credit card or ACH. An ACH or credit card will be held on file in the Studio’s booking software regardless of payment method. If you wish to prepay by cash or check, payment is due 3 days prior to membership charge date, the 12th of each month unless stated otherwise. If payment is not received you will be charged on the 15th of the month, or monthly on the payment date of the original membership transaction, to the credit card or ACH on file.

Subject to the following conditions:

The items shall be drawn on or about the date listed on the payment plan. The transactions on your bank statement will constitute receipts for payment.

We reserve the right to raise the price of our goods and services anytime. Any change in price does not nullify or change the terms and conditions stated in this agreement between Member and Clarity Pilates LLC. If the regular payments set forth on the payment plan should vary in amount (with the exception of pre-authorized additional charges) you are entitled to receive notice ten days prior to the said payment. In signing, you authorize receiving notice only when the said amount differs by more than $100 from your most recent payment.

The privilege of making payments under this arrangement may be revoked by the company if any items are not paid upon presentation.

If this pre-authorized payment arrangement is revoked for any reason this does not release you from your payment obligation.

A service fee may be assessed and drafted for any check, draft, credit card or order returned for insufficient funds or any other reason. A late fee will be assessed and drafted should any payments become past due.

Cancellation Policies

If you need to cancel this contract, you may do so only by giving written notice to Clarity Pilates LLC or Hannah Rae Training. Written notice must be completed before any membership contract will be terminated. Contracts are reviewed quarterly, every 3 months from the start date. A cancellation fee of $299 will incur for all canceled private session memberships canceled before or outside of this quarterly review. Agreement to cancellation outside of these terms is at the sole discretion of The Studio. A cancellation fee of $199 will incur for all canceled group session 6 month or annual memberships. Monthly group memberships are not subject to this policy and can be canceled at anytime. No prior payment will be refunded. A 30 day notice is required. Any and all contract payments that fall within 30 days following a cancellation request will proceed as scheduled.

If you die or become permanently disabled you or your estate may cancel this contract by providing a written request and certificate proof of death or disability. For permanent disability, your doctor must provide certification of the disability and stare that you are unable to continue. No cancellation fee will be charged.

Unused sessions purchased as part of a membership with The Studio may be rolled over and banked for later use by the Member, as long as Member is on a monthly contract of 4 or more sessions per month. Under these terms, sessions may also be transferred to another person or account in the form of an account credit or gift card. Any interruption to monthly membership including but not limited to through pause or cancellation will render the banked credit null and void, resulting in the loss of any unused or banked sessions.

The Studio reserves the right to cancel or suspend your membership privileges at any time for any reason. If such cancellation or suspension is due to a violation of Studio policies, violations or terms or due to damages rendered by yourself or a guest, you are subject to full responsibility to the terms of this agreement along with a fee and any charges for repairs to damages made.

If the Studio goes out of business, buyer may cancel by written notice. Any cancellation under this subset will receive a pro-rata refund of payments. If you wish to cancel this agreement you must deliver or mail a written notice to the Studio. This notice must state that you no longer wish to be bound by the contract and must be delivered to The Pilates Firm. In order to process this cancellation, please provide proof listed above.

Additional Terms and Conditions

Default and Late Payments - Should you default on any payment obligation called for in this agreement, the Studio will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other reason. Should any monthly payment become more than ten days past due, you will be charged a late fee. If the Member is paying monthly dues by Electronic Funds Transfer, the Studio’s designated billing company reserves the right to draft via EFT all amounts owed by the Member including any and all late and service fees subject to appropriate State and Federal law.

Sales Tax - Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the Studio has the right to increase your monthly dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rates.

Designated Billing Company - The Studio hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and you agree to authorize the new Designated Billing Company to continue drafting your account.

Notice - Any holder of this agreement is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto of with the proceeds hereof, recover hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

24 Hour Cancellation Policy—if a scheduled session is canceled by Member with less than 24 hours written notice, the cost of and credit for that session will be forfeit.

Substitute Instructors—if your teacher is unable to make your scheduled session, a substitute instructor may be provided by the Studio. Member is equally obligated to a substitute instructor and may not cancel within 24 hours for that reason or any other without forfeiting the cost of their session.

Member Obligations - Member agrees to abide by all Studio policies, follow the directions of staff regarding safety and security issues and to treat the staff and other Members with courtesy. Member agrees to pay monthly dues on time, including notifying the Studio promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or late fee per delinquent payment. Member agrees to pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due. Member agrees to continue to fulfill the financial obligation of this agreement, except as allowed above. All lessons are non-refundable. We do not offer refunds for any reason.

Unused sessions: All sessions purchased under a membership as detailed in this agreement must be used before the end date of the membership contract under which they are purchased. This date is reset quarterly as memberships roll over every 3 months from the date of purchase. Unused sessions may be rolled over at the sole discretion of the Studio. If Member does not continue their current membership agreement or enter into a new membership agreement (including the same session type, ie. Group, Private, etc.) at the Studio, all unused sessions are automatically forfeited.

Summary of Studio Policies

Member, by executing the Agreement, does hereby join the Studio and such membership entitles the Member to use the facilities. The Member must provide Member’s own athletic clothing.

Member agrees to abide by all membership regulations of the Studio. Member agrees to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this Agreement, Member will be responsible for all payments under this Agreement even if Member does not use the Studio’s facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If the Studio becomes temporarily unavailable due to an event such as fire, flood, loss of lease, we will extend the member’s membership privileges for the period the facilities were unavailable if the Member chooses to freeze membership instead of using available online options.

If Member violates the Agreement and the terms contained therein or any of the rules and regulations for the use of the facility, the Studio may suspend the Member’s right to use the facility until the Member provides the Studio with reasonable assurance of future compliance. During the period of any such suspension, the Member shall not be entitled to a credit for any prepayment of dues or other fees due of paid pursuant to the Membership Agreement. In the event Member continues to violate the terms of this Agreement or the rules and regulations governing the facility, the Member’s membership may be terminated by the Studio and the balance of the contract declared due and payable in full immediately.

Member agrees that they shall not engage in any type of commercial or business activity while using the facilities.

Member shall not act as a trainer for any other Members or guests and any acts which constitute such business activities are strictly forbidden. If Member engages in such commercial or business activities Member's membership shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.

Member agrees that Member shall abide by the Studio dress code at all times while in the facility.

Member agrees that member shall not use loud or profane language upon the Studio premises nor shall Member molest, badger, assault or harass other Studio Members, guests or employees. If member engages in such behavior, Member's membership shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.

Member understands Member may be photographed at the Studio. By execution of this Agreement, Member agrees to allow Member’s photo, video or likeness to be used for any legitimate purpose by the Studio and their respective producers, sponsors, organizers and/or assigns, at their discretion. Member acknowledges that by signing this Agreement, Member gives up all claims of ownership, income, editorial content and use of such media.

Member agrees that if Member fails to use the Studio facilities that shall not release the Member from the obligation to make all payments required by the terms of this Membership Agreement.

Arbitration: All disputes (Except small claims under $1,000) will be settled by binding arbitration before a single arbitrator under the authority of the Federal Arbitration Act, conducted by and in accordance with the rules and procedures of the American Arbitration Association. The arbitration will take place in the county in which this Studio is located unless otherwise agreed. All arbitration proceedings must be made by an individual claimant, and will not be conducted on a “class” basis. The decision of the arbitrator must be a reasoned award. The decision of the arbitrator will be final and binding on all parties and may be enforced by a judgement entered upon the arbitration award by any state or federal court in this state. Any award from the arbitrator may be appealed under the Appellate Arbitration Rules of the American Arbitration Association.

Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the Studio shall be entitled to recover all costs and expenses resulting therefrom, including a reasonable amount as attorney’s fees.

The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in the Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written, oral, express or implied.

This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.

Member authorizes the Studio and the authorized designees to contact them by email, telephone, or by other means. Subject to applicable law, Member agrees that any of these parties may contact Member at any mailing address, phone number of email set forth not he face of this agreement, or any other address subsequently provided to, or obtained by any such party.

The Studio retains the right to modify these policies without warning. Reasonable rules and regulations may be posted in Membership Guide or at the Studio from time to time and all Members shall be subject to strict compliance therewith. The most current copy of the Membership Guide can be found at the Studio.

Safety Notices

Client training services provided in this facility or online may be provided either by employees of the Studio or by independent contractors operating their own business who are retained by the Studio.

Member is required to follow rules set forth by the Studio regarding the health and safety of themselves, fellow Pilates students and instructors.

Horseplay, vulgar language, abuse of equipment, working out while intoxicated or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the Member’s membership, and the balance of the contract being declared due and payable in full immediately.

Appointment

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