CONTENTS
Assumption or Risk, Release and Waiver of Liability and Indemnity Agreement
Studio Policies, Rules and Regulations
Mobile Services
1. ASSUMPTION OR RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
RockIt Body, LLC’s Assumption or Risk, Release and Waiver of Liability and Indemnity Agreement is made by and between You and RockIt Body, LLC (referred to herein as “RockIt Body”) in connection with the fitness and/or wellness programs to be provided by RockIt Body, including, but not limited to, Pilates Training, Resistance Training, and Group fitness classes taken virtually and/or in person at RockIt Body facilities (collectively referred to herein as “RockIt Body Programs”). You recognize that RockIt Body will not allow me to participate in RockIt Body Programs without the execution of this instrument. You understand that RockIt Body specifically disclaims any liability for client’s individual use or application of information or techniques provided by RockIt Body.
You further represent that you am in good health and physical condition and that you are not suffering from any condition that would prevent you from safely engaging in RockIt Body Programs or that would make such participation potentially dangerous or harmful for you. You affirmatively assert that should you become disabled, begin taking medication or acquire any medical condition that could cause such participation to be dangerous or harmful to you, you will notify RockIt Body immediately, and cease all participation immediately. Should this occur, you agree that you will not return to participation in such potentially harmful activity without clearance from your physician.
You further understand that there are serious inherent risks involved with all physical activity and that when performing exercise, you may suffer minor injury, serious injury or even death. You understand these inherent risks and you assume all such inherent risks associated with participation in any activities with RockIt Body.
You acknowledge that RockIt Body has not and will not render any medical services including medical diagnosis of your physical condition. You acknowledge that you received physical approval to so participate, or have decided to participate without such approval, and in either case fully accept all risks of bodily injury and death that may arise in connection with such participation.
You further acknowledge that you are over the age of 18 and you grant permission to RockIt Body and its agents and employees the irrevocable and unrestricted right to reproduce any photographs and/or video images taken of you while at a RockIt Body facility or while participating in a RockIt Body Program or any activities affiliated with RockIt Body for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium, including on social media channels.
In addition, you acknowledge that novel corona virus (''COVID-19") infections have been confirmed throughout the United States, including California. In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), for slowing the transmission of COVID-19, you agree, represent, and warrant that you will not visit or utilize the facilities, services, and programs of RockIt Body (other than any exclusively online services and programs) within 10 days after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. The CDC Travel Health Network is continuously updating this list and the undersigned agrees that they are aware of this list and the countries listed.
You further agree to check the CDC Travel Health Notices list at: https://wwwnc.cdc.gov/travel/notices prior to utilizing the RockIt Body facilities. You hereby agree, represent, and warrant that you will not visit or utilize the facilities, services, and programs of RockIt Body (other than any exclusively online services and programs) if you (i) experience symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or (ii) have a suspected or diagnosed/confirmed case of COVID-19. You agree to notify RockIt Body immediately if you believe that any of the foregoing access/use restrictions may apply.
RockIt Body has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above. You acknowledge and agree that RockIt Body may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agree to comply with RockIt Body's revised procedures prior to utilizing the facilities, services, and RockIt Body Programs. You further acknowledge and agree that, due to the nature of the facilities, services, and programs offered by RockIt Body, social distancing of 6 feet is not always possible. You fully understand and appreciate both the known and potential dangers of utilizing the facilities, services, and programs of RockIt Body and acknowledge that use thereof may, despite RockIt Body’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER ROCKIT BODY FACILITIES FOR ANY PURPOSE OR PARTICIPATE IN ROCKIT BODY PROGRAMS, YOU HEREBY AGREE TO THE FOLLOWING:
YOU HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE ROCKIT BODY, its directors, officers, employees, volunteers and agents from all liability to yourself and all personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands on account of any property damage or any injury to, or illness or death (or any person who may contract COVID-19, directly or indirectly) whether caused by the negligence, active or passive, RockIt Body or otherwise while upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with RockIt Body. You expressly and knowingly waives all rights under California Civil Code Section 1542, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS and defend RockIt Body, its employees, principals (partners, shareholders or other holders of an ownership interest, as the case may be) and agents, officers, employees and volunteers from and against any and all third party suits, actions, damages, costs, fines, penalties, losses or expenses (including reasonable attorneys' fees and court costs) relating to or arising out of bodily injury or death of any person or damage to real and/or tangible property, whether caused by the negligence, active or passive, or otherwise while upon, or about the premises or any facilities or equipment therein or participating in any RockIt Body Program or any activities affiliated with RockIt Body.
You agree and acknowledge that use of the RockIt Body facilities or RockIt Body Program or any activities affiliated with RockIt Body, may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death or property damage. YOU HEREBY ASSUME FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE due to negligence, active or passive, or otherwise while in, about or upon the premises of RockIt Body or participating in any program affiliated with RockIt Body. You acknowledges that any illness or injuries that you sustain may be compounded by negligent first aid or emergency response of the Releasees and waive any claim in respect thereof.
You further expressly agree that the foregoing assumption of risk, release and waiver of liability, and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect.
Upon signing this waiver, you have carefully read and voluntarily sign this assumption of risk, release and waiver of liability, and indemnity agreement and further agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made. You are aware that by agreeing to this agreement you are giving up valuable legal rights, including the right to recover damages from RockIt Body in case of illness, injury, death or property damage, including, for the avoidance of doubt and without limitation, exposure to Covid-19 at any RockIt Body facilities and any illness, injury or death resulting therefrom. .
YOU UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.
2. STUDIO POLICIES, RULES, AND REGULATIONS
CANCELLATIONS: YOU MUST CANCEL CLASS 8 HOURS IN ADVANCE OR YOU WILL BE CHARGED A FEE (unlimited memberships) OR HAVE A CLASS DEDUCTED (class packs). This includes switching time slots under the 8-hour notice time period. You may cancel class through our online system, our app or by calling the studio directly and speaking to a member of the team.
RESERVATIONS: YOU MUST BE PHYSICALLY WITHIN 5 MINUTES OF THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.
WAITLIST POLICY: Clients added to a class from a waitlist are considered confirmed and are held to our normal cancellation policies (even if the online schedule says “unconfirmed").
Clients may be added from the waitlist up to 8 hours before the class and are responsible for managing their own waitlists and cancellations.
Clients may get added in at night (ex: 8hrs15 mins before an 8am class - 11:45pm); therefore, you agree to take yourself off the waitlist in advance if for any reason you may not be available to receive or view the waitlist email or text alerts).
UNLIMITED MEMBERSHIP PACKAGES: Persons who purchase ANY unlimited membership package (Intro 2-Week Membership, Backstage Pass - Monthly Membership, All Access Pass - One Year Membership or future promotional membership packages) are subjected to a penalty charge for either a Late Cancel (cancelling within the 8-hour window) or a No Show (not showing up to class at all).
CLASS PACKAGES: Persons who purchase ANY class package (Single Session, 5 Pack, 10 Pack, 20 Pack or future promotional class packages) are subjected to loss of the class for either a Late Cancel (cancelling within the 8-hour window) or a No Show (not showing up to class at all).
PERSONAL BELONGINGS: You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
MISCELLANEOUS:
Tread socks must be worn in all classes.
No cell phones permitted during classes. Please turn off cell phones and respect the rules of the studio.
Machines and equipment must be wiped down after each class.
Clients assume responsibility for ensuring they go to the correct/scheduled studio for class.
Arriving to the incorrect studio will result in a ‘No Show’ fee for the scheduled studio.
Please refrain from wearing strong perfumes, lotions or oil to class.
Children and pets are not permitted in the studio at any time.
Should you not opt-in to emails (and texts) you will not receive important RockIt Body updates; i.e. waitlist class confirmations, class changes/cancellations, promotions, etc.
If recovering from injury or illness, or have known sensitivities, notify the instructor prior to class start time.
A valid credit card must be on file at all times.
Classes and instructors are subject to change without notice. Payments are non-refundable if there is an instructor change.
RockIt Body may cancel class if expected attendance levels fall below our class requirements.
RockIt Body reserves the right to terminate any client's session, package, or contract without refunding any money if the client has broken any terms or policies or abusive behavior toward RockIt Body staff or other members.
PURCHASE & REFUND POLICY: All purchases are final, non-refundable and non-transferable. Classes will only be confirmed up to the amount of pre-paid sessions.
3. CONTACTING US
If you have any questions about the Terms of Service, please contact us at: info@rockitbody.com.