CLIENT POLICIES, WAIVER AND RELEASE OF LIABILITY AGREEMENT
ONLINE VERSION
CLIENT PROFILE
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Policies (please initial)
Packages: Class packages and memberships are non-transferrable. Class packages and memberships purchased at barre3 Camas are only valid at barre3 Camas. Packages purchased through third party vendors may be subject to different terms and conditions.
Reservations: Class reservations may be made in person or online. Online reservations are recommended.
No Shows / Cancellations: Reservations may be given away at barre3 Camas's discretion if Client does not arrive by class start time. Client must cancel at least four (4) hours in advance of class start time to avoid a cancellation fee. Class cancellations are to be done in client's mindbody account directly by client. If Client fails to cancel a reservation and arrive by the class start time, the following will apply: Class package clients forfeit one class from existing package. Members and all other clients will be automatically charged a $10 fee for late cancels and $28 fee for no shows to card on file.
I HAVE HAD SUFFICIENT TIME TO READ AND HAVE READ AND UNDERSTAND THIS AGREEMENT. I CERTIFY THAT I AM OF LEGAL AGE AND CAPACITY TO ENTER INTO THIS AGREEMENT. IF SIGNING ON BEHALF OF A MINOR, I CERTIFY THAT I AM THE MINOR’S PARENT OR LEGAL GUARDIAN. I UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY LOSS OR DAMAGE. I ACKNOWLEDGE THAT THIRD PARTIES OFFER PRODUCTS AND SERVICES WHICH ARE REASONABLY ACCESSIBLE AND SUBSTANTIALLY SIMILAR TO THOSE OFFERED BY B3, BUT I CHOOSE TO TAKE ADVANTAGE OF THE SERVICES PROVIDED BY B3. I THEREFORE AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND INTEND FOR IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.
Printed Name of Client:
Signature of Client:
Thank you for joining the barre3® community. Each barre3® Studio (defined below) is independently owned and operated. This Client Policies, Waiver and Release of Liability Agreement (“Agreement”) is between the person entering into this Agreement (“you,” “me” or “I”) and the owner of each barre3® Studio you or your Minor (defined below) use, as well as B3 Franchising LLC, an Oregon limited liability company, and its affiliates (collectively, each independently owned and operated barre3® Studio and B3 Franchising LLC are referred to in this Agreement as “B3,” “we,” “our” or “us”). In this Agreement, we gather basic information about you and/or your minor, and obtain your agreement to our policies, media release, assumption of risk, and limitation of liability. You are required to enter into this Agreement before you or your Minor uses any Studio or participates in any Event (defined below) or Activity (defined below). BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP CERTAIN RIGHTS THAT YOU MAY OTHERWISE BE ENTITLED TO BY LAW.
POLICIES
Monthly Membership: I agree that if I purchase a monthly recurring membership (“Monthly Membership”) now or at any time in the future, I authorize the independently owned and operated barre3® Studio to charge my credit card, the membership fee (the “Membership Fee”) each month. Membership Fees may increase from time to time at our sole discretion. I further agree that the Membership Fee may be charged with no prior notification unless the amount increases, in which case advance notice will be provided and I will be given an opportunity to terminate my Monthly Membership. I acknowledge that I am responsible for providing the Studio prompt notice of any changes to my payment method. Your Monthly Membership may be suspended if you fail to pay your Membership Fee when due. We may, at our discretion, cancel a Client’s membership on 30-days written notice without cause and on reasonable shorter notice with cause. In the event barre3 closes its facilities for any reason, including repair, when possible, it will post advance notice. If closure exceeds 5 days and online home video classes are not available, barre3 will refund Auto-Renew fees on a pro-rated basis if requested by the client. I may place my Monthly Membership on hold two times per calendar year for a period of up to a total 60 days total (between both holds) by providing the Studio with 7 days advance written notice. I must provide notice in writing to the Studio at least 30 days in advance of my auto payment date if I wish to terminate my Monthly Membership.
Class Purchases: Unless otherwise stated by us, single classes, class packages and Monthly Memberships are not transferable and are valid only at the Studio in which they are purchased. Unless otherwise stated by us, Monthly Memberships purchased online are valid only at the Studio where you first sign up for class using the Monthly Membership. Classes purchased through third party vendors may be subject to different terms and conditions.
Reservations / No Shows / Cancellations: We recommend you reserve a space in advance of each class. Reservations can be made in person, by phone, or online. We may give away your reservation if you do not arrive by class start time. You must cancel at least four (4) hours in advance of class start time to avoid a cancellation fee. Cancellations may be made by calling the Studio or via your online account. If you fail to cancel a reservation or arrive by the class start time, the following will apply: if you have a monthly membership, you will be charged a $10 late cancel fee or $28 no show fee; if you are a class package holder, your class package will be debited 1 class; if you purchased a single class, you will not receive a refund.
Code of Conduct: I agree to comply with each barre3® Studio’s Code of Conduct.
Personal Property: We are not responsible for the loss or theft of your personal belongings.
Childcare: If at any time, I take advantage of childcare (“Play Lounge”) services, I agree to each Studio’s separate Play Lounge policies and liability which is incorporated into this Agreement by reference.
Minors: Minors, persons under the age of 18 (each a “Minor”), are not permitted to create a client profile or purchase classes, class packages or Monthly Memberships without the consent of their parent or legal guardian. If the person whose information is provided in the online sign up/purchase system is a Minor, I represent and warrant that I completed the sign up/purchase process, am either the parent or legal guardian of the Minor, and that I agree to the terms and conditions of this Agreement on the Minor’s behalf. This Agreement must be signed by a parent or legal guardian of any Minor prior to use by that Minor of any Studio, or participation by that Minor in any Event (defined below) or Activity (defined below). Minors between the ages of 16 and 18 may attend class at a Studio without a parent or guardian. Minors between the ages of 14 and 15 must be accompanied in class at a Studio with a parent or guardian. No Minor under the age of 14 may participate in a class, Event or Activity.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
I, voluntarily, without inducement, and of my own free will, desire on my behalf, and if applicable, on behalf of a Minor for which I am a legal guardian or parent to: (a) use or be granted access to one or more barre3® facilities, including all rooms, areas, and spaces in the interior and exterior of each studio and any adjacent parking lot (each a “Studio”); (b) participate in trips, conferences, courses, outings or other types of events (collectively, “Events”) which may take place at a Studio or other location and which are sponsored by or involve B3 and/or their owners, members, officers, employees, independent contractors, volunteers, property managers, landlords, agents, representatives and all other persons acting in any capacity on their behalf (collectively, the “Released Parties”); and (c) to engage in classes offered by the Released Parties, including barre, yoga, Pilates, or other exercises, and if applicable, to take advantage of Play Lounge services (collectively, “Activities”) which may take place at a Studio or are otherwise provided or sponsored by or involve any of the Released Parties.
In consideration for being permitted to use the Studio, to participate in Events, and/or engage in Activities, I hereby agree to release and discharge the Released Parties on behalf of myself and the Minor, and each of our next of kin, spouses, parents, siblings, heirs, assigns, agents, successors, and personal representatives as follows:
• ASSUMPTION OF RISK. I ACKNOWLEDGE AND AGREE THAT THERE ARE ELEMENTS OF RISK, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH USE OF A STUDIO, PARTICIPATION IN EVENTS, AND ENGAGEMENT IN ACTIVITIES. I FURTHER ACKNOWLEDGE AND AGREE THAT CERTAIN RISKS CANNOT BE ELIMINATED DUE TO THE CONDITION OF A STUDIO, OR THE NATURE OR LOCATION OF EVENTS OR ACTIVITIES, AND THAT THESE ELEMENTS OF RISK MAY CAUSE PHYSICAL INJURY, EMOTIONAL DISTRESS, ILLNESS, PERMANENT DISABILITY, TRAUMA, ILLNESS OR EVEN DEATH TO ME OR THE MINOR, AND/OR LOSS, OR DAMAGE TO MY OR THE MINOR’S PROPERTY. SOME, BUT NOT ALL, OF THESE RISKS INCLUDE FALLING, BEING INJURED BY THE ACTIONS OR INACTIONS OF OTHERS, EQUIPMENT FAILURES, VIRUSES OR OTHER PATHOGENS (INCLUDING BUT NOT LIMITED TO THE COVID-19 VIRUS), AND INJURY RESULTING FROM ENGAGING IN PHYSICAL ACTIVITY. I ACKNOWLEDGE AND AGRFEE THAT B3 CANNOT GUARANTY THE ABSENCE OF VIRUSES OR OTHER PATHOGENS. I UNDERSTAND THAT THE RISKS OF BECOMING EXPOSED TO OR INFECTED BY VIRUSES OR OTHER PATHOGENS AT THE STUDIO MAY RESULT FROM THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE RELEASED PARTIES AND OTHERS, INCLUDING OTHER PATRONS OF THE STUDIO. I CERTIFY THAT NEITHER I, NOR THE MINOR, HAS A MEDICAL CONDITION, WHICH COULD INTERFERE WITH MY OR THE MINOR’S ABILITY TO USE THE STUDIO, PARTICIPATE IN AN EVENT OR ENGAGE IN AN ACTIVITY, OR WHICH MAKE ME OR THE MINOR MORE SUSCEPTIBLE TO HARM FROM VIRUSES OR OTHER PATHOGENS. I CERTIFY THAT I POSSESS ADEQUATE INSURANCE TO COVER ANY INJURY, ILLNESS, DAMAGE OR LOSS, INCLUDING DEATH, THAT I OR THE MINOR MAY CAUSE OR SUSTAIN WHILE USING THE STUDIO, OR AS A RESULT OF USING THE STUDIO, OR PARTICIPATING IN ANY EVENT AND/OR ACTIVITY, AND I AGREE TO SOLELY BEAR THE COST OF ANY INJURY, ILLNESS, DAMAGE OR LOSS SUSTAINED AS A RESULT THEREOF. THEREFORE, I AGREE TO ASSUME ALL RISK RESULTING FROM MY OR THE MINOR’S USE OF A STUDIO, OR PARTICIPATION IN AN EVENT AND/OR ACTIVITY.
• MEDIA RELEASE. In exchange for being permitted to use Studios and participate in Events and Activities, which I affirm as sufficient consideration, I hereby give the Released Parties the right to record my name, voice, image and likeness by any technological means, including film, digital recording, or other technology. I further irrevocably give the Released Parties, in perpetuity throughout the world and in all media, all right, title and interest in the Released Materials, and in any copies or derivative works made from them, which the Released Parties record. Without limiting the foregoing, permitted uses shall include the right to create derivative works, edit, or to use or not to use the Released Material in any manner and for any purpose whatsoever, including for outreach, advertising, publicity, exhibition, education or any other promotional purpose and in any media, including social media, website, film, print medium or any media to be future developed. To the maximum extent permissible by law, on behalf of myself and my heirs, assigns and personal representatives, I hereby waive any right or cause of action in law or equity that I or my heirs, assigns or personal representatives may have or hereinafter acquire against the Released Parties for libel, slander, invasion of privacy, false light, copyright, or right of publicity from the use of the Released Materials by the Released Parties or any other party who may use the Released Materials without express authorization of the Released Parties.
• INDEMNIFICATION. I AGREE TO INDEMNIFY, HOLD HARMLESS, DISCHARGE AND DEFEND THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, DEMANDS, LIABILITY, CLAIMS, ACTIONS, EXPENSES AND COSTS (INCLUDING ATTORNEY’S FEES) (EACH A “CLAIM”), WHETHER KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, INCURRED BY THE RELEASED PARTIES AS A RESULT OF MY, OR THE MINOR’S, USE OF THE STUDIO, PARTICIPATION IN AN EVENT, OR ENGAGEMENT IN AN ACTIVITY, INCLUDING ANY AND ALL CLAIMS WHATSOEVER ARISING OUT OF (A) THE NEGLIGENCE OF ME, THE MINOR OR THE RELEASED PARTIES; (B) THE USE OF ANY RECORDING MADE OR USED IN ACCORDANCE WITH SECTION II ABOVE; AND (C) ANY LACK OF AUTHORITY OR CAPACITY FOR ME TO ACT OR BIND THE MINOR TO THIS AGREEMENT OR TO OTHERWISE RELEASE THE RELEASED PARTIES ON BEHALF OF THE MINOR, THE PARENT OR LEGAL GUARDIAN.
• WAIVER OF JURY TRIAL. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS RELEASE.
• TERM. This Agreement shall commence upon my signing it and shall remain in full force and effect until the later of the last time I, or the Minor, as applicable, uses a Studio, is charged the Membership Fee, attends an Event or participates in an Activity, plus the period thereafter constituting the longest applicable statute of limitations under law. Sections I, II, III, IV and VI shall survive the expiration or termination of this Agreement.
• MISCELLANEOUS. This Agreement shall be governed by the laws of the state in which the Studio, Event or Activity giving rise to the claim is situated without regard to its conflict of law principles. If any action is brought by or on behalf of me and/or the Minor, against the Released Parties, such action must be brought in the federal or state courts located in the county and state in which the Studio, Event or Activity giving rise to the claim is situated. If any provision of this Agreement is held to be contrary to law or unenforceable for any other reason by a court of competent jurisdiction, such provision shall be revised to the minimum extent necessary to comply with the law and the remainder of the provision and this Agreement shall remain in full force and effect. The captions used in this Agreement are provided for convenience only and will not affect the meaning or interpretation of any provision of this Agreement. Electronic transmission of this Agreement will be deemed to be the same as delivery of an original. Click-the-box consent to the terms of this Agreement or electronic signature will be deemed to be the same as an original signature. At the request of any Released Party, I agree to confirm an electronically signed Agreement by signing an original document. In any action brought under this Agreement, the prevailing party will be entitled to recover, in addition to costs, reasonable attorney fees.
BARRE3® ONLINE HOME VIDEO CLASS WAIVER AND RELEASE OF LIABILITY AGREEMENT
This barre3® Online Home Video Class Waiver and Release of Liability Agreement (“Agreement”) is between the person accessing barre3® online videos (“you”) and the owner of the barre3® Studio offering such videos, as well as B3 Franchising LLC, an Oregon limited liability company, and its affiliates (collectively, each independently owned and operated barre3® studio, B3 Franchising LLC and each of its affiliates are referred to as “B3” or the “B3 Parties”). This Agreement supplements any waiver or release you may have entered into with your independently owned and operated barre3® studio.
Before taking any online home video class, clear a space of all tripping hazards, breakable items and other dangerous conditions, large enough for you to move freely while performing all exercises. If at any time you feel ill or experience pain or shortness of breath abnormal for exercise, stop, rest and seek medical attention, if necessary. Drink plenty of water before and after each barre3® online video.
By electing to participate in a barre3® online video class, you certify that you are of legal age and capacity to enter into this Agreement. Also, you, on behalf of yourself and any member of your household whom you permit to access such online videos, agree to (i) assume all risks, including the loss or damage to property and risk of physical injury, illness, emotional distress, or even death, and (ii) solely bear the cost of any such injury, illness, or loss. You acknowledge that similar products and services are available from third parties, but voluntarily choose to take advantage of the barre3® online video classes. YOU AGREE TO INDEMNIFY, HOLD HARMLESS, DISCHARGE AND DEFEND THE B3 PARTIES FROM AND AGAINST ALL LOSS, DAMAGE, LIABILITY OR CLAIMS INCURRED BY YOU OR ANYONE WHOM YOU PERMIT TO ACCESS THE BARRE3® ONLINE VIDEOS. BY ACCEPTING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN RIGHTS THAT YOU MAY OTHERWISE BE ENTITLED TO BY LAW, INCLUDING THE RIGHT TO RECOVER DAMAGES.
I HAVE HAD SUFFICIENT TIME TO READ AND HAVE READ AND UNDERSTAND THIS AGREEMENT. I CERTIFY THAT I AM OF LEGAL AGE AND CAPACITY TO ENTER INTO THIS AGREEMENT. IF SIGNING ON BEHALF OF A MINOR, I CERTIFY THAT I AM THE MINOR’S PARENT OR LEGAL GUARDIAN. I UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, ILLNESS, DEATH, OR PROPERTY LOSS OR DAMAGE. I ACKNOWLEDGE THAT THIRD PARTIES OFFER PRODUCTS AND SERVICES WHICH ARE REASONABLY ACCESSIBLE AND SUBSTANTIALLY SIMILAR TO THOSE OFFERED BY B3, BUT I CHOOSE TO TAKE ADVANTAGE OF THE SERVICES PROVIDED BY B3. I THEREFORE AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND INTEND FOR IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.