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TERMS OF USE, WAIVER OF LIABILITY, RELEASE, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

This Terms of Use and Liability Waiver Agreement (“Agreement”) is entered into by and between you (the “Participant”) and Hourglass Pilates LLC (“Hourglass Pilates” or the “Company”), a Florida limited liability company. This Agreement governs your access to, use of, and participation in any Hourglass Pilates facilities, websites, classes, activities, or events (individually and collectively referred to as “Hourglass Pilates Programming”).

By signing this Agreement or by participating in Hourglass Pilates Programming—including but not limited to creating an account, booking a class, or entering Hourglass Pilates facilities—you affirm that you have read, understand, and voluntarily agree to the terms and conditions set forth below.

NOTICE: THIS IS A LEGALLY BINDING AGREEMENT.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. BY SIGNING, YOU AGREE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING A LAWSUIT AGAINST HOURGLASS PILATES FOR NEGLIGENCE. IF YOU DO NOT UNDERSTAND ANY PART OF THIS AGREEMENT, YOU SHOULD CONSULT AN ATTORNEY BEFORE PROCEEDING.

MEMBERSHIP AND CLASS POLICIES

Membership Terms

  • Minimum Commitment: All autopay memberships require a minimum three (3)-month commitment. If you cancel before fulfilling this commitment, you remain responsible for all payments due for the full three-month period.
  • Cancellation: You must submit written notice of cancellation via email to [email protected] at least seven (7) days prior to your next billing date.
  • Refunds: No refunds will be issued for membership payments made before the cancellation request.
  • Class Packages and Memberships
  • Non-Transferable: Class packages and memberships cannot be transferred, exchanged, or refunded.
  • Promotional Offers: Existing members are not eligible for new client promotions or discounts.

REFUND AND RETURN POLICIES

  • All sales are final. No refunds will be issued for classes, class packages, or membership fees.
  • Retail Return/Exchange Policy: Merchandise may be exchanged for store credit within fourteen (14) days of purchase, provided it is unused, unwashed, and in original packaging with all tags attached.

RESERVATION POLICY

  • Punctuality: Clients must arrive on time for all scheduled classes. Entry is not permitted more than five (5) minutes late. If your spot is taken by a waitlisted client, you will be charged a no-show fee.
  • New Clients: First-time participants must arrive at least 10 minutes early for a safety briefing.

CANCELLATION AND PENALTY FEES

  • Late Cancellation: If you cancel less than forty-eight (48) hours before class, you will be charged the full price of the missed class.
  • No-Show Fee: If you fail to attend a class without prior cancellation, you will be charged the full price of the missed class.
  • Private Sessions: Private session cancellations within forty-eight (48) hours of the scheduled session will be charged the full session amount. No-shows will also be charged the full session amount.

ADDITIONAL STUDIO POLICIES

  • Grip Socks: Required for all classes. If you forget yours, you must purchase a pair before participating.
  • Personal Belongings: Hourglass Pilates is not responsible for lost, stolen, or damaged personal items.
  • Class Schedule Changes: Instructors and class times are subject to change without prior notice.

WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION

1. Acknowledgment of Risks

I, the Participant, understand and acknowledge that engaging in Hourglass Pilates Programming involves inherent risks, including but not limited to:

  • Physical injury, including strains, sprains, fractures, paralysis, and death
  • Cardiac events or respiratory distress
  • Psychological injury, emotional distress, or mental health effects
  • Exposure to contagious illnesses, including but not limited to COVID-19
  • Damage to personal property

I understand these risks may result from my own actions, the actions of others, the condition of the premises, or the negligence of Hourglass Pilates or its staff. I voluntarily assume full responsibility for all risks associated with my participation.

2. Release and Waiver of Liability

To the fullest extent permitted by Florida law, I waive, release, and forever discharge Hourglass Pilates, its owners, officers, employees, independent contractors, instructors, agents, affiliates, successors, and assigns (collectively, the “Released Parties”) from any and all liability for injuries, illnesses, damages, or losses I may sustain, including those caused by the negligence of the Released Parties.

3. Indemnification

I agree to defend, indemnify, and hold harmless the Released Parties from any claims, demands, or causes of action arising from:

  • My participation in Hourglass Pilates Programming
  • My violation of this Agreement
  • Any third-party claims resulting from my actions at Hourglass Pilates

4. Medical Treatment Authorization

I consent to emergency medical treatment if needed and understand that I am solely responsible for all related costs. I release the Released Parties from any claims arising from medical treatment received while participating in Hourglass Pilates Programming.

5. Photo and Video Release

I grant Hourglass Pilates permission to photograph and record me while participating in its activities. I authorize the use of my likeness for marketing and promotional purposes, without compensation.

6. Governing Law and Venue

This Agreement shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any disputes shall be resolved exclusively in the courts of Hillsborough County, Florida.

7. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

ACKNOWLEDGMENT AND AGREEMENT

BY SIGNING BELOW, I AFFIRM THAT I HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREE TO THE TERMS OF THIS AGREEMENT. I UNDERSTAND THAT I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING A LAWSUIT AGAINST HOURGLASS PILATES FOR NEGLIGENCE.