WAIVER + RELEASE OF LIABILITY:
1. I represent that I am physically capable of participating in any/all programming (including “IN-STUDIO” classes and “VIRTUAL" classes and “RECORDED VIRTUAL" classes and “OUTDOOR” classes) provided by Balance Studio, LLC (henceforth referred to as Balance).
2. I understand that Pilates mat + equipment, yoga mat, aerial yoga, and physical exercise can be strenuous and may expose me to many inherent risks, including accidents, serious injury, illness, or even death. I have been fully advised that no exercise, activity, yoga program or Pilates should be taken without the consent of a doctor or physician and I am responsible for undertaking to obtain such consent prior to participation.
3. I agree that if I engage in any physical activity or use any Balance amenity on the premises or off premises (including “IN-STUDIO” classes and “VIRTUAL" classes and “RECORDED VIRTUAL" classes and “OUTDOOR” classes), as well as any sponsored retreat, workshop, special event, private session, private event, or other programming event, I do so entirely at my own risk.
4. I agree that I am voluntarily participating in the activities provided, directly and indirectly, by Balance and the use of facilities and premises provided (including “IN-STUDIO” classes and “VIRTUAL" classes and “RECORDED VIRTUAL" classes and “OUTDOOR” classes) and assume all risks of injury, illness, or death.
5. I agree that Balance is not responsible for any loss of, or damage to, personal property.
6. I understand that classes and all programming (including “IN-STUDIO” classes and “VIRTUAL" classes and “RECORDED VIRTUAL" classes and “OUTDOOR” classes) may be extremely demanding and I take full responsibility for knowing, monitoring, and acting within my abilities and learning and incorporating any modifications or adaptations necessary to proceed with such activities in a safe and appropriate manner.
7. I agree that Balance and its owners, directors, instructors, apprentices, employees, agents, and assigns (the “Released Parties”) shall not be liable or responsible for any injuries to me which may occur as a result of:
a. my use of all amenities and equipment provided by Balance and my participation in any activity, class, program, or instruction, including but not limited to my own actions or inactions, improper use of equipment, failure to follow instructions, exceeding my physical limitations, or any other negligent or intentional act.
b. any injury, loss, or damage resulting from the actions or inactions of other participants in any activity, class, program, or instruction.
c. any illness or disease I may contract, regardless of whether it is alleged to have occurred on Balance premises or through participation in any activity, class, program, or instruction, specifically including any illness or disease resulting from the actual or alleged negligence of the Released Parties in implementing or failing to implement preventative measures.
d.the sudden and unforeseen malfunctioning of any equipment.
e. Balance instruction, training, or supervision.
f. my slipping and/or falling while in facility, or on Balance premises, including adjacent sidewalk areas. (including “IN-STUDIO” classes and “VIRTUAL" classes and “RECORDED VIRTUAL" classes and “OUTDOOR” classes).
8. I acknowledge that I have read this Waiver and Release and understand that it is a RELEASE OF LIABILITY.
9. I expressly agree to release and discharge Balance and its owners, directors, officers, employees, agents, affiliates, representatives, successors, assigns, and instructors for any and all claims, causes of action or judgments that may arise out the events noted in Item 7 above and I agree to voluntarily forfeit or waive any right that I may otherwise have to bring a legal action against Balance for personal injury or property damage. To the extent that statute or case law does not prohibit release for ordinary negligence, this release applies to any ordinary negligence on the part of Balance, its owners, agents, officers, directors, and employees.
10. I expressly agree that this release shall be binding to my heirs, executors, administrators, and assigns.
11. If any provision of this Waiver and Release, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Waiver and Release shall nevertheless remain in full force and effect. This Waiver and Release is not intended to confer upon any person not a party hereto any rights or remedies hereunder, and no person other than the parties hereto is entitled to rely on any representation, covenant, or agreement contained herein.
12. The laws of the state of Illinois shall govern the validity of this Waiver and Release, the construction of its terms and the interpretation of the rights and duties of the parties hereto.
13. In the event of any dispute, controversy or claim arising out of, or relating to, this Waiver and Release, or the breach of it, the parties shall first attempt to resolve the dispute through good faith negotiations, then by non-binding mediation by a mutually agreed third-party mediator. If the dispute cannot be resolved through mediation within thirty (30) days, either party may initiate binding arbitration. Arbitration shall be administered in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules, under a single arbitrator chosen by Balance. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction. THE PARTIES HEREBY WAIVE THEIR RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS WAIVER AND RELEASE AGREEMENT.
14. Please consult your physician before participating in any Ptlates mat, Pilates equipment, yoga mat, aerial yoga, and/or physical exercise (including “IN-STUDIO” classes and “VIRTUAL" classes and “RECORDED VIRTUAL" classes and “OUTDOOR” classes) especially if you have any of the following conditions: pregnancy, glaucoma, recent surgery (esp. shoulder, eyes, back, hips, hands or wrist), heart disease, very high or low blood pressure, easy onset vertigo, epilepsy, osteoporosis/bone weakness, recent head injury, cerebral sclerosis, propensity for fainting, carpal tunnel syndrome, severe arthritis, sinusitis or head cold, hiatal hernia, disc herniation or acute discogenic disease, recent stroke, artificial hips, radiculitis (inflammation of nerve root in spine), severe muscle spasms, Botox (within 24 hours) and/or any other health conditions and issues. Sign Here
STUDIO POLICIES + PROCEDURES:
- We do not offer refunds on any purchases made. Class packages, events, workshops, class series, memberships, etc. are not transferrable or refundable. All sales are FINAL. Initial Here
- All 10-packs for Yoga classes sessions expire nine months from date of purchase. They are not transferable, refundable, or interchangeable. Initial Here
- All 10-packs for Pilates Equipment classes sessions expire six months from date of purchase. They are not transferable, refundable, or interchangeable. Initial Here
- We request that you arrive approximately 10 minutes BEFORE the start of class and be on your mat or reformer 5 minutes BEFORE class starts. Doors to the studio will be locked at the start of class for the safety of our community. Late arrivals may not be admitted. This is for the safety of our community and to be considerate of starting the class on time. If you are going to be a few minutes late due to unexpected circumstances, please CALL the studio (not text) and we will do our best to accommodate your late arrival. Initial Here
- If there is a waitlist and you are not present at the start of class, your spot may be given to someone else. Initial Here
- All sessions/series must be paid for in advance.
- Please turn off or put cell phones on silent while in studio. This helps minimize distraction to yourself and others.
- Please notify us of any changes in your medical condition or health.
- For the welfare of others, please do not attend class if you are ill or contagious.
- Group format classes not permitted for participants with injuries or requiring specific rehabilitation, rather privates are required until injury has resolved, or proficiency is achieved at the discretion of the instructor.
- If an injury occurs to you during your class/session, please let your teacher know right away to make sure you are taken care of, and the incident is documented.
- You are responsible for making sure you are in the correct scheduled time slot.
- Advance registration is strongly encouraged for all of our classes. It is required for all Pilates classes.
- Cancellations due happen due to low enrollment or teacher availability and we recommend that you always check the schedule to be sure the class is running before coming to the studio.
- If for any reason we need to cancel your session for that day, we will give you as much notice as we can, so you can make other arrangements. There will be no charge to you. We appreciate your understanding, and we will do our best to accommodate another time slot if available.
I agree to the above policies + procedures for Balance. Initial Here
CANCELLATION POLICIES:
- 24-hour cancellation policy in effect for Pilates Equipment classes. Charges will apply.
- 24-hour cancellation policy in effect for all Private sessions. Charges will apply.
- 2-hour cancellation policy in effect for weekly Yoga classes. Any early AM yoga class that start 7:30am or earlier have a 12 hour policy. Charges will apply.
- 48-hour cancellation policy in effect for our Yoga + Pilates Specialty Classes. Charges will apply.
- No credit received for unused classes purchased as part of a class series with special series pricing.
- 7-day cancellation policy in effect for special events, workshops, and special class series. Credit will automatically go to your Balance Mindbody account. Option to refund to your credit card minus a 10% transaction fee if the cancellation is prior to the 7 day policy.
- Outdoor Events: In the event of rainstorms/lightning, we will credit back your Balance Mindbody account. There will be NO credit back to your account for the elements of heat/humidity and you will be held accountable for late cancels.
- 21 Day Yoga Intro Offer - A $10 cancellation/no show fee will be applied when late cancelling or not showing up for any classes that you registered for using our new client offer for yoga classes.
I agree to the above cancellation + refund policies at Balance. Initial Here
PILATES EQUIPMENT CLASS POLICIES:
- If you have no prior Pilates equipment experience, then at least 2-3 private sessions, or enrollment in our beginner 3-week series, is required before signing up for our Pilates equipment group classes.
- If a Pilates equipment class is not full and you are the only one registered, you will be notified and given the option to cancel out at no charge or choose to attend as a private and charged accordingly.
- All Pilates equipment-based classes must be registered for online - no walk-ins permitted. If a class has zero enrollment, it will be cancelled the night before.
- No Show Fee: If you do not show up for class, you will lose your class credit and your card on file will be charged a $25 no show fee. All clients must have an active credit card on file to book classes.
- Late Cancel Fee: Repeated late cancels 90 mins or less before the start of a group class will result in an additional $15 late cancel fee as well as losing your class credit.
I agree to the above policies for Pilates Equipment classes at Balance Studio, LLC. Initial Here
AERIAL YOGA CLASSES/SPECIAL EVENT GUIDELINES:
- Avoid eating about an hour before your class/event
- Wear pants that cover your knees
- Wear a top that has sleeves (short-sleeved is fine) and deodorant. This is for hygiene purposes and helps to keep the silks clean.
- No jewelry of any kind should be worn in the silks. This is especially important with rings and earrings for both your safety and the integrity of the silks.
- Wear clothing that is free of zippers, buttons or decorations that might snag or damage the hammocks.
- Arrive 10 minutes BEFORE the start of an aerial yoga class/event. Aerial classes/events require additional time before the start of class especially if you are brand new to aerial. The instructor needs to adjust your silk and provide basic instructions for a new student.
I agree to the above policies for Aerial Yoga classes/special events at Balance. Initial Here
PHOTO/VIDEO RELEASE WAIVER:
1. I hereby grant permission to Balance, and its owners, officers, trustees, employees, agents, students, representatives, successors, licensees and assigns to photograph and/or video my image, likeness, or depiction and/or that of my minor children (if applicable). I hereby grant permission to Balance to edit, crop, or retouch such photographs and/or videos, and waive any right to inspect the final photographs and/or videos. I hereby consent to and permit photographs and/or videos of me and/or those of my minor children to be used by Balance worldwide for any purpose, including educational and advertisement purposes, and in any medium, including print and electronic. I understand that Balance may use such photographs and/or videos with or without associating names thereto. I further waive any claim for compensation of any kind for Balance’s use or publication of photographs of me and/or those of my minor children (if applicable). Sign Here
2. I hereby fully and forever discharge and release Balance from any claim for damages of any kind (including, but not limited to, invasion of privacy; defamation; false light or misappropriation of name, likeness or image) arising out of the use or publication of photographs and/or videos of me and/or those of my minor children (if applicable) by Balance, and covenant and agree not to sue or otherwise initiate legal proceedings against Balance for such use or publication on my own behalf or on behalf of my minor children. All grants of permission and consent, and all covenants, agreements and understandings contained herein are irrevocable.
Sign Here
I acknowledge and represent that I am over the age of 18, have read this entire document, that I understand its terms and provisions, and that I have signed it knowingly and voluntarily on behalf of myself and/or my minor children (if applicable).
Sign Here