RSVP - Agree to our liability waiver and client terms
Liability Waiver
AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK
By attending training sessions in-person, classes, events, activities, workshops, and other programs (the “Sessions”) and using the premises and/or facilities (the “Studio”) rented, owned and/or operated by The Wellery, LLC doing business as Bodee or Bodee Pilates, interchangeably (“Bodee”), You the undersigned acknowledge on behalf of yourself, your heirs, your personal representatives and/or assigns, there are inherent risks associated with the Sessions and Studio and that You assume such risks.
You understand and are aware that strength, flexibility, and aerobic exercise, including the use of exercise equipment (that You either own or are using during a Session, owned by Bodee or a third-party) while largely beneficial for your physical and mental wellbeing, are also potentially hazardous activities. You will, at all times, use all reasonable efforts to ensure your own physical safety. You shall comply with all stated and posted safety rules, as well as verbal instructions given to you by a Bodee instructor. You also understand that fitness activities involve the risk of injury, and that You are voluntarily participating in these activities, and using equipment, knowing the dangers involved. You agree to assume full responsibility for any and all injuries which are sustained or aggravated by You in relation to the Sessions and with or without an instructor present and supervising.
You also understand that equipment used in fitness instruction can be dangerous if used improperly. You further agree that Bodee is (1) not a manufacturer of equipment, and (2) not responsible for any injury You sustain due to defects or damages in equipment used while under the operation of Bodee, whether or not owned and/or maintained by Bodee, or defect, damages, or lack of maintenance in your individually owned equipment, or equipment used not while under in-person direction from Bodee.
You declare yourself to be physically sound enough to participate in a Session with Bodee and, if applicable, You have been cleared by a medical professional to begin, or continue participating in, physical activities, such as strength training. You have not been advised by a medical doctor to avoid physical activity similar to that of a Session and assume all responsibility and risk for participating in activities to which You have been advised against. You do not suffer from a condition, impairment, disease, infirmity, allergy, or other illness that would prevent your participation, or use of equipment, except as noted by Bodee; in this instance your Session will be modified accordingly. You will notify Bodee immediately of any change in medical condition, including pregnancy. You acknowledge and agree that if You are pre/post-natal, You increase the risk to yourself and, if applicable, your unborn child. In participating in a Session, You assume all associated risks to yourself, and if applicable, your unborn child.
You agree that if, during a Session or immediately after, 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 or physically present supervision of a trainer or instructor, You will immediately stop exercising. You authorize any representative of Bodee to obtain emergency medical treatment for You and, if necessary, including transportation to a hospital, urgent care, or other medical facility if needed.
In consideration of being allowed to participate in and access the Sessions and Studio, You release, indemnify, and hold harmless Bodee, its direct and indirect parent, subsidiary, affiliates and entities, and each of their respective officers, employees, representatives and agents, 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, use of the Studio (including ingress and egress to the Session space, whether public or private property), or training with Bodee in any way.
Class Cancellation Policy
Please notify us at The Wellery, LLC (BODEE Pilates) within 24 hours of your cancellation. There are no returns and any money charged cannot be refunded. You will be charged up front for all services a la carte, subscriptions and punch passes. If cancelled in advance of 24 hrs you have up to 4 weeks to utilize your rescheduled session.
Your Account Purchases
There are no transfers, sharing, extensions, refunds or exceptions on purchases.
Client Agreement
Effective Date: July 18, 2024
This Client Service Agreement (the “Agreement”) is between You, the user and client, and The Wellery, LLC doing business as Bodee or Bodee Pilates, Bodee Performance Pilates interchangeably (“Bodee”).
POLICIES AND PROCEDURES:
Sessions must be cancelled at least 24-hours prior to the session start time. If you do not cancel or reschedule before the cancellation window closes, You be considered a late cancel, lose your class or session credit, or incur a fee.
Bodee offers monthly memberships, which is a renewing monthly commitment to a certain number of sessions per week. To best facilitate your results and maintain continuity in your practice, your regular session time is considered ‘yours’ so long as you’re a member with us.
You may ‘freeze’ your membership once per year, for a minimum of one-month. All freeze requests must be made at least 5-business days prior to the date of requested freeze.
Safety is crucial; our instructors are trained to provide corrective touches during classes and sessions to ensure that all clients are safe and maintaining correct form.
I. PURCHASING AND MEMBERSHIP INFORMATION:
1 – PURCHASING, PAYMENTS: All private and duet sessions are reserved and paid for in advance through Bodee online booking system. All sales are final. Sessions are not eligible for transfer, exchange, or refund; memberships cannot be shared between clients. Package sessions expire 1 year after the date of purchase. A la’ carte private and duet sessions expire after 60 days.
All fees and charges (including any taxes and late fees, as applicable) will be charged to a valid and up-to-date debit or credit card on file, as further described below. As some services require auto-billing for continued monthly access, You agree to maintain valid credit card information as part of your Account information when applicable.
2 – MEMBERSHIP: Bodee offers various “Membership(s)” which refers to a renewing monthly commitment to a certain number of classes. Memberships are billed monthly, automatically renew monthly on the same date of Membership purchase and have no minimum commitment.
Session Continuity: To best facilitate Your results, maintain continuity in Your practice, and ensure fairness in scheduling to all clients, You are asked to schedule Sessions consistently each week. That day/time will be considered ‘Yours’ on Bodee’s master schedule unless You reschedule in accordance with the terms of this Agreement.
Session roll-over: In the event You need to reschedule a Session in your Membership, in accordance with the terms of this Agreement, You must reschedule that Session on later than 4-weeks from the missed Session date. Sessions that are missed and not rescheduled within 4-weeks are considered redeemed and will not ‘roll-over’ month-over-month. Alternatively, You may opt to receive a pre-recorded digital workout in lieu of your in-person session.
Membership Cancellation: Membership will continue to renew each month unless a cancellation is requested at least 15-days in advance of the auto-renewal date. Cancellations can be requested by emailing Bodee at Hello@Bodee.com or by cancelling within your Account prior to the next month’s billing date, which is the same calendar day as your original date of purchase. Failure to timeline cancel will result in an auto-renewal. When You cancel prior to the next billing date, You still maintain access to the Membership through the end of your billing cycle. If You do not cancel prior to your billing date You will be automatically billed, with no refund, for the subsequent month and continue to have access until your next billing date, at which point your Membership will be considered cancelled and You will not be billed further.
Membership Freeze/Pause: You may ‘freeze’ your membership once per year, for a minimum of one-month. All freeze requests must be made via writing in email at least 5-business days prior to the date of requested freeze. Emails shall be directed to Hello@Bodee.com and must include: (1) date membership is to be frozen; and (2) date to unfreeze Membership, so long as it is at least one-month from the freeze date. A $50 administrative fee will be assessed in relation to all freezes. You understand that your Membership will automatically be unfrozen, and You will be charged on the date provided. If You request to extend the length of your freeze, it is within Bodee’s sole discretion to allow for the extension.
Instructor Absence: In the event your Bodee instructor has a planned absence, You will be notified in advanced, and have the following options to accommodate your monthly sessions: 1) You may ‘make-up’ any missed sessions within 4-weeks of the planned absence, OR 2) You may opt for pre-recorded digital sessions, which are customized to Your needs and goals. Bodee strongly recommends all clients participate in the pre-recorded session to maintain continuity in their practice. Note that your instructor’s absence does not qualify for a partial refund of one’s monthly Membership fee.
3 – AUTO-DEBIT: By purchasing a Membership, You expressly agree that Bodee is authorized to charge your selected purchase on the payment method You designate. You authorize Bodee to, on a recurring basis - on the same of the day of each month of the membership, automatically charge the debit or credit card account You specified, for the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Bodee will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. Bodee may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. Bodee cannot be held responsible for errors in processing due to expired or inaccurate information; and (3) Bodee is not responsible for any bank overdraft fees that may occur.
4 – REFUND POLICY: It is Bodee’ intention for You to be happy with your participation and education in the services. Due to the extensive time, effort, preparation, and care that goes into creating and/ providing the services, all sales are final, and no refunds will be provided.
5 – CHARGEBACK POLICY: Unless otherwise provided by law, You acknowledge that all sales are final and Bodee does not offer refunds for any portion of your payment for any of the services at any time, unless explicitly indicated otherwise at the time of purchase. By agreeing to the terms of this Agreement, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it.
Should You attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not and You will lose all access to ALL credits purchased from Bodee. You will remain contractually responsible for payment of Services in full.
6 – PAYMENT PROCESSOR: Payments made on the Sites are processed by the third-party payment processor. You must store a valid and up-to-date debit or credit card on file within your Account for: (1) incidental charges such as late-cancel fees, (2) ease of transaction, (3) for enrollment in the Membership which does require a credit card on file to enroll, and/or 4) recurring payments for Services on a payment plan. In such event that an incidental charge needs to be made the cardholder and account holder gives permission to Bodee to charge the card on file. Site. Additionally, the cardholder and account holder may give permission to Bodee to charge the card for auto-debit memberships.
7 – ACCOUNT: Upon your first purchase of the Services, or first use of the Sites and/or Website, You will be prompted to create an account (the “Account”) with Bodee via third-party hosting platform Acuity. Your Account is protected via password and where You will purchase and book certain services, reschedule Sessions as needed, access certain purchased products, and securely store credit card information.
II. RESERVATIONS AND CANCELLATION POLICIES
1 – RESERVING SESSIONS: You are solely responsible for the booking and canceling of your private sessions. You may schedule on the Sites and/or via your Account. Once on the Site, You must log into your Account, and either purchase a Session to secure the reservation or have an active Membership. Your reservation is not considered complete until it is paid in full; all reservations and purchases are confirmed via email.
2 - CANCELLATIONS, RESCHEDULING, LATE-CANCEL POLICY: Sessions must be cancelled at least 24-hours prior to the session start time. If you do not cancel or reschedule before the cancellation window closes, You be considered a ‘late cancel,’ lose your session credit, or incur a fee. If You do not show up to the scheduled session or class, it will be considered a ‘no show’ and You will forfeit the credit.
Cancellations and reschedules may be done online only via (1) your Account, or (2) the confirmation email sent at the time of booking. There are no refunds on cancelled sessions; your Account will be credited the session.
Duet / Semi-Private Sessions: In the event You are part of a “duet” or semi-private session, and one partner must cancel (pursuant to the below Cancelation Policy), the following policies apply:
If the cancelling partner does so outside of the 24-hour cancellation window, the non-cancelling partner has the option to 1) find a new partner, 2) pay an additional fee to make the session a private, or 3) also cancel the session with no penalty. So long as the session is cancelled outside of the 24-hour window, the cancelling partner will not be charged a late-cancel fee.
If the cancelling partner cancels inside the 24-hour cancellation window, they will be charged and the non-cancelling partner will be taught the session individually, at no additional cost to them.
Cancellations via texting, Facebook messenger, Instagram, and other social media platforms are not valid forms of cancellation, and You will be charged if the booked session or class is not properly canceled outside the cancellation window.
In the event of an emergency on their part, Bodee reserves the right to move your session/class to another mutually agreeable time, or to cancel it outright. In this rare instance that Bodee must do so, You will not be charged for the changed session/class, and You session will be promptly rescheduled.
3 – LATE ARRIVALS: You are expected to arrive to any scheduled session on-time, and ready to begin. Accordingly, if You arrive late to your scheduled session, it is within the discretion of Bodee instructor whether to proceed. In the instance that your instructor proceeds with the session, your time will not be extended due to your tardiness and the session will end at the scheduled time. In the event any client is so late that it is not feasible to proceed with the session, the tardiness will be considered a “no-show”, and the session fee will be forfeited and/or considered redeemed.
III. STUDIO POLICIES
1 – STUDIO POLICIES: Instructors are subject to change and session are subject to cancellation without notice. When possible, an email will be sent communicating the change in the schedule. Subject to any opt-in, You consent to receive noticed from Bodee pertaining to a class or session which You are registered for. Bodee is not responsible if You do not read the notices.
Studio Guests: Unattended children and pets are not permitted in the studio.
Cleaning: All clients are responsible for wiping down their machine after class.
Workout Attire, Grip Socks: All clients are asked to wear workout gear to the session and classes. No jeans or attire with metal accessories or large zippers are allowed on the equipment.
For your safety, and to protect the integrity of the equipment, ALL clients are required to wear grip socks during their session or class. You must provide your own, and if You forget socks, You may purchase a pair at the studio.
2 – CODE OF CONDUCT: Bodee is committed to providing an environment that is free from disrespectful and offensive behavior, and that is safe space for all individuals. Accordingly, harassment, inappropriate, or discriminatory behavior by clients, and/or continued disruptive or incendiary behavior, as determined in the sole discretion of Bodee, will not be tolerated. Bodee 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.
3 – CONTENT RELEASE: You grant Bodee, its representatives, employees, agents and/or assigns the right to take digital recordation of You and your property while engaging with and/or interacting with Bodee and/or participating in a Service with Bodee, and to use and publish these photos or videos in print and/or electronically.
By agreeing to be filmed, photographed, and/or otherwise documented by Bodee, You, on behalf of yourself, heirs, representatives, executors, and assigns, irrevocably grant Bodee the absolute and unrestricted right and permission throughout the universe and forever to copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit by any and all uses such content, with or without my name, without compensation, for any lawful purpose, including but not limited to: publicity, illustration, advertising, and web content. You further agree that Bodee is the lawful owner of all digital files, and accordingly, waive any right that You may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein your likeness appears, or the use of which may be applied.
IV. PERSONAL RESPONSIBILITY, DISCLAIMER & RELEASE OF CLAIMS
1 – PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK: You acknowledge that You take full responsibility for yourself, and all decisions made before, during and after your participation in the Services. You accept full responsibility for your choices, actions, and results before, during and after the Services, and You knowingly assume all the risks of the Services related to your use, misuse, or non-use of the Services or any of the related materials. You understand and agree that you are solely responsible for your results.
2 – RELEASE OF LIABILITY, INDEMNIFICATION: You agree that Bodee will not be held responsible in any way for the information that You request or receive through the Services, nor will Bodee be responsible for how you use and apply the information that You request or receive through the Services. You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release Bodee, in its individual capacity and legal capacity, and each of Bodee companies’ principles, shareholders, officers, directors, employees, agents, successors, beneficiaries and assigns from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that You ever had, now have or may have against Bodee in the future that may arise from your participation in the Services, including all services and products to the extent permitted by applicable law.
LIMITATION OF LIABILITY, INDEMNIFICATION, RELEASE OF CLAIMS: The information, software, products, and Services included in or available through the Sites may include inaccuracies. Changes are periodically added to the information herein. Bodee may make improvements and/or changes in the sites at any time. Accordingly, Bodee makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, Services, and related graphics contained on the Sites for any purpose. To the maximum extent permitted by applicable law, all such information, software, product, Services, and related graphics are provided ‘as is’ without warranty or condition of any kind. Bodee disclaims all warranties and conditions regarding this information, software, products, Services, and related graphics, including all implied warranties or conditions of merchantability, of Bodee for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, Bodee is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Sites, with the delay or inability to use the Sites or Services, the provision of or failure to provide the Services, or for any information, software, products, Services, and related graphics obtained through the sites, or otherwise arising out of use of the Sites, whether based on contact, tort, negligence, strict liability, or otherwise, even if Bodee has been advised of the possibility of damages. As some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with any portion of the Sites or with any of these Terms of Use, your sole and exclusive remedy is to immediately cease use of the Sites.
V. TERMS AND CONDITIONS:
1 – HOSTING PLATFORM: Bodee is hosted by and integrated with the third-party platforms, Acuity, who is responsible for all login/account information and payment transactions. In the event of technical issues with your respective accounts or logins or billing discrepancies or problems, Bodee refers You to Acuity’s support. Bodee does not have access to your Account details. If You would like more information regarding each platforms’ Terms of Use and Privacy Policies, including how they collect and store information, Bodee encourages You to visit their websites, which are linked above.
2 – LINKS TO THIRD PARTY WEBSITES: The Sites contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of Bodee, and Bodee is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bodee is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Bodee of the site or any association with its operators.
3 – INTELLECTUAL PROPERTY: The Services are the sole and exclusive property of Bodee and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.
Copyright Consent: Bodee retains all ownership and intellectual property rights to the Services content and materials provided to You through the Sites and otherwise, including all copyrights and any trademarks belonging to Bodee and related entities. The Services content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, without the prior written permission of Bodee.
Furthermore, by signing this Agreement You agree to the above terms and understand that Bodee’s materials are protected by the United States Intellectual Property laws, including the Copyright Act of 1976. You understand and agree that violating the terms of this Agreement as described above may subject You to legal action and that Bodee will fully pursue all remedies at law against You which it is entitled.
Trademarks, Names, Logos: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by Bodee or a use right has been granted to Bodee. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or because of your use of the Sites or Services. Without the prior permission of Bodee, except in the utilization of our widgets or mobile applications, You agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.
4 – GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this Agreement is governed by the Laws of the State of Colorado, United States, and You hereby consent to the exclusive jurisdiction and venue of courts in Douglas County, California, United States. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Colorado, Douglas County, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of Colorado, Douglas County.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
5 – MISCELLANEOUS
Mutual Non-Disparagement: Should You have any questions or concerns about the Services or Bodee, You agree now to contact Bodee directly in a mature and professional way rather than to publicly make any negative or critical comments about the Services or business through social media, public forums, or otherwise. The parties agree not to communicate with any other individual, company, or entity in a way that is harmful or disparaging to the other, whether actual or perceptual, or to do or say anything that is injurious to each other’s reputation, including about the Services and/or Bodee business, employees, contractors or agents, or other participants. In arbitration or when required by law, Parties are not prohibited from publicly sharing our thoughts and opinions
Notice: All correspondences or notices required regarding the Services shall be made to Bodee via e-mail at Hello@Bodee.com and to You at the e-mail address You provided during your enrollment in the Services and/or the email address in your Account. Should your e-mail address, billing information, or contact information change at any time throughout the relationship, it is your responsibility to update the information in your Account within 3-days, preferably sooner, of any change to avoid miscommunications.
Force Majeure: In the event that any cause beyond one’s reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for Bodee to perform any responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, Bodee is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill the responsibilities and obligations.
Email Communications: You understand that You may, from time to time, receive email communications from Bodee related to the Services, the Site, Bodee brand, and your participation in all of the above. By entering into this Agreement, You give Bodee permission to email You, at the email address on file, regarding the same.
Contact: If you have any questions or concerns about this policy or any Bodee Services, products, or features, please don’t hesitate to contact us at Hello@Bodee.com