Limber Arts Terms and Conditions

Updated August 2023

 

Health History Intake Form

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All new clients agree to complete the health history form.  This will most often be included in your registration and scheduling process.   If you have not yet completed the form you can do so now by clicking the blue text below:

 

Click Here to Complete Your Health History Intake Form

 

Client Contract:

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Below you will find information on scheduling, rescheduling, cancelations, and more.

All clients are required to sign this contract.  If you have not already signed this document, please do so by requesting the contract be sent to you via texting the business line at:

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(360) 774-4169.

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By signing this document you will be completing the
following contracts:

1. Client Agreement
2. Credit Card Authorization
3. Liability Waiver
4. Covid Waiver

All you have to do is sign above, the rest is filled in for you!

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1.  CLIENT AGREEMENT
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This Client Agreement (“Agreement”) is between Limber Arts, a pilates and personal training studio offering STUDIO-PILATES AND FITNESS, (“Studio”), and you the undersigned (“Client” or “You”) as of the date of signing below.

PURCHASING AND PAYMENT SUMMARY

PURCHASING:

By purchasing and attending an in-person or virtual group class or
private session, or pre-recorded offering (with or without equipment), known as the “Workout” from Studio, You agree to the terms of this Agreement, and those in the separate Liability Waiver.

You may purchase and schedule your Workout by booking on the Studio’s booking widget, copy and paste the URL below:

https://pocketsuite.io/link/limber-arts

or by visiting the website:

www.limberarts.com

PAYMENT:

Workouts are billed in full at the time of purchase. All purchases are
non-refundable and non-transferable unless indicated otherwise. The reservation
process and payment processing details are further described in the below section,
“Reserving Sessions.”

BOOKING AND CANCELLATION POLICIES

RESERVING SESSIONS AND CLASSES:

You are solely responsible for the booking and canceling of your Workouts, with one exception.  In the case of standing appointments you can request that your regular time slot is reserved and held solely for You, see details below. In all other instances, you may reserve sessions and classes via the Widget, which will direct You to the third-party platform, PocketSuite: (“PocketSuite”).

STANDING APPOINTMENTS:

This service is offered for clients who come at least every other week and plan to continue doing so for at least 3 months time consecutively. 70% of appointments booked must be attended, otherwise, the STUDIO reserves the right to offer this timeslot to someone else. Standing appointments are booked out on a quarterly basis at least two weeks before the start of the new quarter.  It is your responsibility as the Client to cancel or reschedule individual sessions using the third-party platform, PocketSuite.

ALL OTHER RESERVATIONS:

You may reserve sessions and classes via the Widget, which will direct You to the third-party platform, PocketSuite: (“PocketSuite”). From there, select to purchase a stand-alone private lesson or class, or purchase a package or membership, and book a prepaid session to secure the reservation.

If you do not have a pre-paid package your reservation is not considered complete until it is paid in full, at which point an email or text receipt confirming the same will be sent to You. As reservations for classes are booked through the third-party platform PocketSuite You may create an account with PocketSuite to expedite future bookings.

PocketSuite provides You the option to store your credit card information in Your account. You may choose to add this information to your account for ease of transaction; otherwise, You will be asked to re-enter payment information at each checkout.

CANCELLATIONS:

Workouts may be canceled without penalty by canceling up to 24 hours prior to the start time of a group class, and 24 hours prior to the start of a private
session. This may be done online only via 1) Your PocketSuite account, or 2) via the
confirmation email or text sent at the time of booking.

If the cancellation is made within the cancellation window prior to Your session or class, it will be considered a ‘late cancel’ and the session/class credit will be forfeited, and/or You will be charged the full amount.

If You do not show up to the scheduled Workout it will be considered a ‘no show’ and You will forfeit the session/class credit.

Cancellations via a phone call, texting, emailing, Facebook Messenger, Instagram, or
other social media platforms or chat apps are not valid forms of cancellation, and You will be charged if the booked Workout is not properly canceled outside the cancellation window.

In the event of an emergency, the Studio reserves the right to move Your session/class to another mutually agreeable time or to cancel it outright.

In this rare instance, You will not be charged for the canceled session/class, and Your session will be promptly rescheduled.

LATE ARRIVALS:

You are expected to arrive at your session or class on time, with the
required equipment, and ready to begin your workout. Accordingly, if You arrive late to your scheduled session or class, it is within the discretion of the instructor whether to proceed with the session or allow You to enter class.
In the instance that the instructor does proceed with the private session, the private session time will not be extended due to Your tardiness and will end at the scheduled time. In the event that You are so late that it is not feasible to train, your tardiness will be considered a “no-show” and the session will be forfeited from Your account. If You are more than 15- minutes late to the group class, You will not be admitted to class and Your tardiness will be considered a “no-show,” forfeiting your class credit.

CREDIT CARD ON FILE:

Clients may elect to keep a credit card on file in their PocketSuite account. By placing a card on file, the cardholder and account holder gives permission to the Studio staff to charge the card for any session, auto-debit membership
and/or cancellation fees (if applicable) accrued in accordance with the Studio
cancellation policy detailed above. In the event of a declined credit card/debit card when charging for monthly payments, The client’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.

STUDIO POLICIES:

EQUIPMENT:

You may choose to bring your own equipment to your class or session grip socks, reformer straps and/or loops, yoga mat, blanket, weights – as determined by
the class format, but You are not required to.

Your instructor, or a representative of Studio, will inform You what equipment is needed for Your class or session.

CLEANING:

All Clients are expected to respect the equipment and props used during
their session and/class. Accordingly, You are asked to thoroughly clean your equipment after your session/class with the provided cleaning supplies, reset the machines, and leave the space as You would like to find it. Instructors will clean your equipment and props after a private session.

NO CELL PHONE POLICY:

During all sessions, cell phones should be on silent and stored away from the workout area. If You anticipate needing to receive or make a call, please notify the instructor at the start of your session/class.

CONDUCT/DAMAGES:

The Studio is committed to the health, safety, and welfare of each of its clients and will not tolerate unreasonable, disrespectful, threatening, obscene, harassing, indecent or illegal behavior. The Studio has the right to judge behavior and respond accordingly. This right includes but is not limited to: termination of a training relationship without refund to any client engaging in unacceptable behavior.

MISCELLANEOUS:

MEDICAL RELEASE AND CONSENT TO TRAINING:

You acknowledge that You should consult with a physician prior to beginning any exercise program and that You are not aware of any medical condition that would render You unfit to participate in a session. You have enrolled in a program of physical conditioning and instruction in Pilates and Personal Training. You have been advised and understand that Personal Training and Pilates, like any exercise program, present some unavoidable risk of injury, especially to people who have pre-existing injuries or medical disabilities. You will notify the Studio immediately of any change in medical condition, including pregnancy, as soon as reasonably possible.  You understand that use of exercise equipment also carries with it a risk of injury. You recognize that many changes may occur as a result of Personal Training and Pilates, including possible short-term aggravation of some symptoms, feelings of tiredness, soreness, light-headedness, changes in energy level, mood changes, etc. You also understand that a medical evaluation is advisable before commencing any exercise program.

If You experience any pain or discomfort during a session, You will immediately inform the Studio. You further understand that Personal Training and Pilates should not be construed as a substitute for medical examination, diagnosis, or treatment and that You should see a physician, chiropractor, or other qualified medical specialist for any mental or physical ailment.

It is expressly agreed that all use of facilities and equipment with and under the guidance of Limber Arts practitioners shall be undertaken by the Client, at their own sole risk. It is also expressly agreed that Limber Arts and its practitioners/trainers/affiliates shall not be liable for any injuries or any damages to The Client or The Clients guests, or be subject to any claim, demand, injury or damages whatsoever, including--without limitation--those damages resulting from acts of active or passive negligence on the part of Limber Arts or its agents. The client, for himself/herself/thyself and on behalf of his/her executors, administrators, heirs, and successors waives any possible liability of Limber Arts, its owner, or its agents from all such claims, demands, injuries, damages, actions or courses of action.

You, the Client, herby certify that You have informed any practitioner or trainer of any pertinent health history and that you have completed a health history form prior to receiving services through Limber Arts.  You agree to keep your practitioner/trainer updated as to any changes in your medical profile and understand that there shall be no liability on the practitioner’s part should you fail to do so. Understanding all of this, you give my consent to receive care.

If in the subjective opinion of the Studio staff, You would be at physical risk participating in a Studio workout, You understand and agree that You may be denied access to the session or until You furnish the Studio with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Studio’s concerns and stating that Studio’s’ concerns are unfounded.

You agree that if You experience any symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, whether or not You are under direct and/or in-person supervision of a trainer or instructor, You will immediately stop exercising and inform a representative of Studio of your symptoms. You authorize any representative of Studio to obtain emergency medical treatment for You, including transportation to a hospital, urgent care, or other medical facility.



PHOTO/VIDEO RELEASE:

You grant Studio, its representatives, employees, or agents the right to take photographs and video footage of You and your property while at the Studio
and to use and publish these photos or videos in print and/or electronically. You agree that Studio may use photographs or video footage of You with or without your name for any lawful purpose, including, but not limited for such purposes as publicity, illustration, advertising, social media, and web content. If you do not want to be photographed/video taped for promotional use of any kind, You may confirm this to your instructor and it will be noted, respected and placed in your client file.

TEXT AND EMAIL COMMUNICATIONS:

You understand that You may, from time to time, receive transactional or marketing text or email communications from Studio related to Your booked Workouts, the Studio itself, and Your participation therein. By entering into this Agreement You give Studio permission to text or email You, at the phone number and email address on file, regarding the same.

ACKNOWLEDGMENT OF RECEIPT AND UNDERSTANDING

By signing below, I hereby agree that I shall abide by all the terms, conditions and
policies embodied within this Client Agreement

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2. CREDIT CARD AUTHORIZATION
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I authorize {me.company} to charge my card for {total}.

I understand that though this information is secured in an online protected client file, and is unlikely to be tampered with, I agree to assume the risk if the file and credit card information is compromised.

I agree that if I have any concerns or questions regarding charges to my account, or if the charge fails to post to my account, I will contact {me.company} for assistance and/or disclosure. I agree that I will not dispute any charges with my credit card company unless I have already attempted to rectify the situation directly with {me.company} and those attempts have failed.

I understand and agree to these terms. I understand the conditions of this payment policy and agree to the conditions stated above:  

I authorize {me.company} to charge my card for {total}.

I understand that though this information is secured in an online protected client file, and is unlikely to be tampered with, I agree to assume the risk if the file and credit card information is compromised.

I agree that if I have any concerns or questions regarding charges to my account, or if the charge fails to post to my account, I will contact {me.company} for assistance and/or disclosure. I agree that I will not dispute any charges with my credit card company unless I have already attempted to rectify the situation directly with {me.company} and those attempts have failed.

I understand and agree to these terms. I understand the conditions of this payment policy and agree to the conditions stated above:


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3. LIABILITY WAIVER: AGREEMENT TO PARTICIPATE & ASSUMPTION OF RISK
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By signing up for a training session online or in-person (the “Session”) and using the
premises and facilities (the “Studio”) rented, owned, and/or operated, whether in-person or a virtual setting, by Limber Arts LLC (“[BUSINESS NAME]”) I acknowledge on behalf of myself, heirs, and representatives, there are inherent risks associated with the Sessions and Studio, and I assume such risks as detailed below.
I understand that physical activity and exercise, including the use of equipment, is
potentially hazardous. I understand that fitness involves the risk of injury and that I am voluntarily participating and using equipment knowing the risks involved. I agree to assume full responsibility for all injuries or damages sustained or aggravated by me in relation to my participation in the Sessions and use of the Studio.
I will at all times use reasonable efforts to ensure my physical safety. I will comply with the Studio rules and instructions given to me. I understand that equipment used while exercising can be dangerous if used improperly. I understand that Limber Arts LLC is not responsible or liable for any defective equipment. I also understand and agree that Limber Arts LLC is not responsible for any injury I sustained due to a defect, damage, or lack of maintenance, in my individually-owned equipment, or equipment used not while under in-person direction from Limber Arts LLC.

I declare myself to be physically sound and that I do not suffer from any condition,
impairment, disease, or other illness that would prevent my participation or use of
equipment, except as noted by a representative of Limber Arts LLC and modified
accordingly. I have not been instructed by a physician to not participate in physical
exercise. I will notify my instructor immediately of any changes in my medical condition, including pregnancy, as soon as reasonably possible. I acknowledge and understand that if I am pre/post-natal there is an increased risk to myself and, if applicable, my unborn child. By participating in these exercises I assume all associated risks to myself, and if applicable, my unborn child. If I am pre/postnatal I have permission from my physician to participate in an exercise program. I agree that if I am experiencing shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, whether or not I am under the live and/or direct supervision of an instructor, I will immediately stop exercising and, if possible, immediately inform a representative of Limber Arts LLC of my symptoms. I authorize any representative of Limber Arts LLC to obtain emergency treatment for me, including transportation to a hospital, urgent care, or other medical facility.
In consideration of being allowed to participate in the Session and access the Studio, I hereby release, indemnify, and hold harmless Limber Arts LLC, its direct and indirect parent, subsidiary, and 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 Sessions or use of the studio, including ingress and egress to the Studio, or training with Limber Arts LLC in any way.

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4. ASSUMPTION OF RISK & WAIVER OF LIABILITY RELATING TO
CORONAVIRUS/COVID-19
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The novel coronavirus, COVID-19 and its variants, 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. It is believed that an individual can be infected with COVID-19 without their knowledge and be asymptomatic. The health and safety of our clients is one of our top priorities. In the wake of COVID-19, Limber Arts LLC (the “Business”) and Limber Arts LLC (the “Instructor”) have implemented additional measures designed to provide you, our client, with a safe and positive experience, and to reduce the spread of COVID-19 (see below.) The pandemic circumstances require that all participants in the Instructor’s training sessions, classes, workshops, events, activities, and/or other programs (the “Session”) assume personal responsibility for the risks of participation in consideration for their participation in a Session.

Despite all of the precautions that you, other studio members, guests, individuals,
Instructor and representatives may take, the Instructor cannot guarantee that you will not become exposed to or infected with COVID-19, or that if infected, that you will not pass COVID-19 to others. Attending any Session hosted by the Instructor may increase your risk of contracting COVID-19, as does touching surfaces; using the equipment, facilities, and amenities; direct and/or indirect interactions with other studio members, guests or those who have COVID-19, or have been exposed to COVID-19. Consequently, you acknowledge and understand the contagious nature of COVID-19 and voluntarily assume the risk that by attending and participating in an Instructor Session you, and through you, your family, friends and others, may be exposed to or infected by COVID-19. Such exposure and/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, during or related to an Instructor Session may result either from COVID-19 itself and the inability of any action or series of actions to entirely prevent exposure to, transmission of, or infection by COVID-19. It also may result from the actions, omissions, or negligence of the Business and Instructor’s representatives,
yourself, or others, including, but not limited to other Session participants.

Knowing this, you voluntarily assume all risks and dangers related to participation in
the Instructor’s Session, whether described in this document, otherwise known or
unknown, and accept sole responsibility for any injury to yourself, including but not
limited to, personal injury, illness, disability, or death, as well as any damages, losses,
claims, liabilities, actions or expenses of any kind arising from or related in any way to

COVID-19 and your participation in an Instructor Session, and the actions, omissions, or negligence of the Instructor’s representatives and agents (the “Claims”) Further, you hereby release, indemnify, discharge, defend and hold harmless the Instructor and its representatives, employees, and agents, from the Claims to the fullest extent permitted by law.


{name}
{date}

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written

 

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