BARRE CLEVELAND, INC.
PARTICIPATION AGREEMENT, RELEASE OF LIABILITY, PROMISE NOT TO SUE, ASSUMPTION OF RISK, ACCEPTANCE OF ALL POLICIES, AND AGREEMENT TO PAY ALL CLAIMS, FINES AND ALL FINANCIAL RESPONSIBILITIES.
I certify that I have carefully read this document, and fully understand its contents. I am aware that this is a contract, and specifically a Release of Liability, Promise Not to Sue, Assumption of Risk, Acceptance of All Policies, Agreement to Pay All Claims, Fines and All Financial Transaction Responsibilities. I am signing this contract freely and of my own voluntary will, and agree to observe and comply with the terms and conditions detailed herein. In checking the "I AGREE" box I agree and consent to the following terms and conditions and certify that my electronic acknowledgment fulfills the same validity and enforceability as my manual signature.
- In consideration for being allowed to participate in all services, workshops and events offered (collectively "Activity"), on behalf of myself and my next of kin, heirs and representatives, I waive, release, and discharge from all liability and promise not to sue Barre Cleveland, Inc. and its owners, employees, officers, directors, volunteers and agents (collectively "Company") from any and all claims, costs, or liabilities, including claims of the Company's negligence, resulting in any physical or psychological injury (including all personal injury, paralysis and death), illness, damages of any kind, or economic or emotional loss that I may have or suffer now, or at any time in the future, resulting from my participation in this Activity, from the use of any equipment on the Company’s premises, and/or from any and all of my activities to, from, or at the Company’s location at 3737 Park East Drive, Suite No. 209, Beachwood, Ohio 44122.
- I am voluntarily participating in this Activity. I am aware of the risks associated with participating in this Activity, which include but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death. I understand that these injuries or outcomes may arise from my own or other's actions, inaction, or negligence; or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity.
- I agree to indemnify and hold the Company harmless from any and all claims, including attorney's fees or damage to my personal property that may occur as a result of my participation in this Activity, and further promise not to sue the Company as a result of my participation in this Activity. If the Company incurs any of these types of costs or expenses, I agree to reimburse the Company. If I need medical treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
- I acknowledge and understand that I should consult a physician before taking class or using the Company's facilities. I further acknowledge that the Company and its owners, officers, employees, instructors, and agents have no expertise in diagnosing, examining or treating medical conditions.
- I acknowledge that the Company and its owners, officers, and agents are not responsible for any errors, omissions, acts, or failures to act of any party or entity conducting this Activity or any other on behalf of the Company.
- I acknowledge that I am fully required to provide my own medical coverage and that the Company will not be liable for any expenses incurred for treatment of injuries while participating in this Activity.
- I understand that during the performance of my fitness training at the Company physical touching and positioning of my body may be necessary to assess my muscular and bodily reactions to specific exercises, as well as to ensure that I am using proper technique and body alignment. I acknowledge that instructors may give physical, hands-on adjustments during class to ensure my safety and I expressly consent to the physical contact for the stated reasons above. I agree to notify the instructor if I do not wish to be physically adjusted.
- I acknowledge that the Company possesses a proprietary interest in the BarreFit Technique and the exercise taught at the Company is a valuable property right of the Company. I understand and agree that I will not use the education and training provided to me pursuant to this Agreement in any business or capacity. I agree that I am not directly or indirectly competing with the Company. For purposes of the preceding sentence, I will be deemed to compete with the Company if I have in the past, are currently, and/or plan to engage in any of the following activities: acquiring, developing, instructing, owning, operating, maintaining or having any other interest (including as an owner, partner, director, officer, employee, manager, consultant, shareholder, creditor, representative or agent) in any business that derives any revenue from personal training, group fitness, Pilates, ballet, dance, martial arts, barre or yoga anywhere within the United States (i.e. a "Competitive Business"). I agree and warrant that neither I nor anyone under my guidance or control will engage in the instruction of exercise or any part thereof without the written consent or license of the Company.
- I accept and will abide by all Company policies and parameters surrounding participation, cancellation, purchase, terms and conditions, penalty fees, refunds, returns, and exchanges (collectively "Studio Policies") and agree to allow the Company to charge my credit card as if attended for any missed class, late arrival, early departure, and for not providing the appropriate cancellation notice. I agree that as an unlimited monthly/weekly package holder (including all ROCKSTAR Elite Membership clients) to be charged a $20.00 penalty fee if I fail to cancel per the cancellation requirements, arrive to class late, leave a class before the final stretch, and/or do not show up to the studio. I agree that as a single BarreFit class holder, and/or workshop/event participant, I will forfeit the Activity if I fail to cancel per the cancellation requirements, arrive late, depart early and/or do not show up to the studio. I agree that the Company is not responsible for providing an extension or refund if I am locked out or fail to complete the class/package prior to its expiration date. I acknowledge that the Company will refuse all Activity participation and retain any unused payment if I violate the Studio Policies.
- I authorize the applicable bank or credit card issuer to make payment to the Company for Activity fees, other authorized charges and applicable late/penalty fees and as agreed and directed by me hereunder and pursuant to the terms of this Contract. I also hereby authorize the Company to use my electronic payment information for purposes of collecting past due balances, including but not limited to legal fees and interest, and late fees under this Contract. Payments will be deemed made to the Company on the date charges are processed by the Company. This payment authorization will remain in effect until such time, if any, that I provide the Company with alternative payment information or this Contract expires or is otherwise terminated. I understand that I must provide any change in credit card information in order to charge the new credit card and prevent charges to the old credit card.
- I approve of the Company's acceleration covenant if I breach this Contract and I agree to the precipitation of the terms of this Contract and agree to, without notice or demand, all payments for the remaining terms to be immediately paid to the Company.
- I agree that any child under the age of 18 who is in my care or any animal/pet may not be brought to the premises and left unattended while participating in the Activity. If an Activity was reserved, I agree to be charged a $20.00 penalty fee if I am unable to attend.
- I understand and acknowledge that all purchases are FINAL SALES (i.e. NO REFUNDS) and are NON-TRANSFERABLE. I agree that I am not entitled to a refund of any prepaid fee or any reward points. All the following purchases are not valid for cash or credit card refunds: classes, memberships, workshops, events and merchandise. Merchandise is eligible for exchange of a like item within 14 calendar days from original purchase date. Clothing items must be unwashed, unworn, unused, and in saleable condition to be valid for exchange. Unused merchandise must be in original packaging to be valid for exchange. This policy also applies to the complimentary items given in the ROCKSTAR Swag Bag.
- I agree that the Company is in no way responsible for the safekeeping of my personal belongings while I attend class and the Company is also not responsible or liable for any articles lost, stolen, or damaged in or about the Company premises.
- In creating a Barre Cleveland MINDBODY account ("Account"), I agree to create a username and a password that controls access to this Account and all of the data stored within that Account. The Account stores my password for added security, but I understand and acknowledge full responsibility for maintaining control of that username and password and ensuring its proper use by authorized personnel only. I agree to be solely responsible for any and all use of my Account and for managing my Activity. I accept full responsibility for problems that occur as a result of online service interruption, inability to access my Account or app for any reason, or user error.
- I hereby authorize Barre Cleveland, Inc to maintain my credit card payment information in their confidential files. My Contract signature authorizes the credit card information to be reviewed and fees to be charged against my credit card on file for all Company services and merchandise purchases, as well as any and all penalty fines. I certify that I am an authorized user of the credit card and that I will not dispute the payment with my credit card company; so long as the transaction corresponds to the terms indicated in this Contract. I also agree to pay the cost for any returned payment.
- I understand and acknowledge that this document is written to be as broad and inclusive as legally permitted by the State of Ohio. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms.
- I am 18 years or older. I understand and acknowledge the legal consequences of signing this document, including (a) releasing the Company from all liability, (b) promising not to sue the Company, (c) assuming all risks of participating in this Activity, (d) acceptance of all Studio Policies, and (e) agreeing and consenting to pay all claims and all financial responsibilities.
In checking the "I AGREE" box I certify that I have carefully read this document, fully understand its contents, and consent to the terms and conditions. I certify that my electronic acknowledgment fulfills the same validity and enforceability as my manual signature.