This Agreement is between you (“Member”) and Simone Isaac LLC d/b/a The Wonder Barre (“Company”), located at 495 Main Street, Ste. 205, Armonk, NY 10504.
Assumption of Risk:Member understands that exercise, exercise classes, physical training and using fitness equipment, whether in studio, by video stream, or by livestream (“Exercise Classes”) are potentially hazardous activities. Member further understands that these activities involve risks of injury, aggravation of preexisting conditions, and in the most severe and extreme situations, even death. Furthermore, Member acknowledges that injury due to exercise cannot be predicted with complete accuracy and that injuries and changes may occur during or following exercise that could lead to complications and adversely affect Member’s health. These changes may include, among other effects, high blood pressure, increased heart rate, altered heart function, and possibly, and again in rare instances, cardiac complications. Accordingly, Member acknowledges voluntary participation in Exercise Classes with the full knowledge and understanding of the potential dangers. Member is aware that a comprehensive medical examination is necessary before engaging in Exercise Classes and that a consultation with a physician is essential to determine which physical activities, exercises, training and programs, if any, are recommended by Member’s personal physician. Member further acknowledges that Member had a physical examination within the last month and was advised by the physician that it was suitable to engage in Exercise Classes, or that Member voluntarily assumes all responsibility and liability for engaging in Exercise Classes. Member also acknowledges reading and being informed of the following:
If you are currently under a physician’s care for an injury, condition or illness, The Wonder Barre strongly urges you to consult your physician before conducting any exercises, using any equipment, or participating in any program or Exercise Class provided by The Wonder Barre. Whether I have had an examination or voluntarily assume all liability I further declare that I am physically fit, sound and suffering from no condition, impairment, disability, disease, infirmity, or illness that should prevent my participation in any Exercise Classes.
Further, the novel coronavirus, COVID-19, 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. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. The Wonder Barre has put in place preventative measures for attendance at its Exercise Classes to reduce the spread of COVID-19; however, The Wonder Barre cannot guarantee that you or your guest(s) will not become infected with COVID-19, and, if such an infection occurs, to be able to discern that such an infection was connected to your presence on the premises or engagement in activities at The Wonder Barre. Attending classes at The Wonder Barre could increase your risk and your guest’(s) risk of contracting COVID-19.
By signing this agreement, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by attending Exercise Classes at The Wonder Barre and that such exposure 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 The Wonder Barre may result from the actions, omissions, or negligence of yourself and others, including, but not limited to, The Wonder Barre management and employees, volunteers, and program participants and their families.
You understand that The Wonder Barre may use or record my participation in any Exercise Class, whether in the studio or via video streaming or live streaming, through the use of video, audio, photographic, digital, electronic, livestreaming over the internet, or any other medium (“Recording”), and that you grant The Wonder Barre permission to record your likeness and on a Recording. You further acknowledge that all rights, title, and interest to the recordings will belong to The Wonder Barre, which may use Recordings for any purpose it deems appropriate.
- RELEASE OF LIABILITY: ENGAGING IN CLASSES OFFERED BY THE COMPANY INVOLVES THE RISK OF INJURY TO YOU OR YOUR GUEST(S), WHETHER YOU OR SOMEONE ELSE CAUSES IT. SPECIFIC RISKS VARY FROM ONE ACTIVITY TO ANOTHER AND THE RISKS RANGE FROM MINOR TO MAJOR INJURIES THAT MAY INCLUDE CATASTROPHIC INJURIES SUCH AS DEATH. SUBJECT TO NEW YORK GENERAL BUSINESS LAW § 623(3) AND NEW YORK GENERAL OBLIGATIONS LAW § 5-326, AND IN CONSIDERATION OF YOUR PARTICIPATION IN THE EXERCISE CLASSES OFFERED BY THE COMPANY, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS RISK AND RELEASE THE COMPANY, AND THEIR RESPECTIVE AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS AND INDEPENDENT CONTRACTORS (“RELEASEES”), FROM LIABILITY FOR INJURY, INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY, OR MENTAL INJURY, ECONOMIC LOSS, OR ANY DAMAGE TO YOU, YOUR SPOUSE, GUESTS, UNBORN CHILD, OR RELATIVES, RESULTING FROM YOUR USE OF THE COMPANY’S SERVICES OR FACILITIES, INCLUDING ANY INJURY RELATING TO THE ORDINARY NEGLIGENCE, ACTUAL OR PASSIVE, BUT NOT GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, OF THE RELEASEES OR ANYONE ACTING ON THE RELEASEES’ BEHALF OR ANYONE USING THE COMPANY’S SERVICES OR FACILITIES, WHETHER RELATED TO EXERCISE OR NOT. IN CONSIDERATION OF YOUR BEING ABLE TO PARTICIPATE IN THE COMPANY’S EXERCISE CLASSES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS AGAINST ANY LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE CAUSED BY YOUR NEGLIGENCE OR OTHER ACTS OR OMISSIONS. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY THE COMPANY AND RELEASEES FROM ALL LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE BROUGHT BY YOU, YOUR GUESTS, OR MINORS, EVEN IF THE COMPANY AND RELEASEES WERE NEGLIGENT. FURTHER, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES DO NOT MANUFACTURE FITNESS OR OTHER EQUIPMENT, BUT PURCHASE AND/OR LEASE EQUIPMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE COMPANY ANT THE RELEASEES ARE PROVIDING INSTRUCTIONAL SERVICES AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE FOREGOING AND KNOW OF THE NATURE OF EXERCISE CLASSES.
- Dispute Resolution:
- Governing Law. This Agreement shall be interpreted under the laws of the State of New York. Any litigation under this Agreement shall be resolved in the courts of the State of New York, County of Westchester, without regard to principals of conflicts of law.
- Other than for a claim for personal injury, or a claim brought in small claims court, should a dispute arise from or relate to this Agreement or the alleged breach thereof, the parties must first attempt to be settle a dispute through negotiations directly between the Member and the Company for a period of 30 days. If such negotiation is unsuccessful, the parties agree to endeavor first to settle the dispute by mediation administered by the under the Alternative Dispute Resolution rules under the 9th Judicial District of New York before resorting to arbitration.
- Should mediation be unsuccessful, the ongoing dispute shall be resolved by arbitration administered by the American Arbitration Association, in a proceeding in Westchester County, New York, in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If all parties to the dispute agree, a mediator involved in the parties’ mediation may be asked to serve as the arbitrator.
- Limitation of Liability. Unless prohibited by law, any award by a court or arbitrator shall be limited to actual compensatory damages. Neither a court nor an arbitrator can award either party any indirect, special, or incidental or consequential damages.
- Legal Fees. In the event of any litigation arising from breach of this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable legal costs incurred in such litigation.
- Entire Agreement. Only Agreements confirmed in writing will be accepted by the Company as valid. Except as expressly provided herein, only this Agreement, as revised from time to time, constitute the entire and exclusive agreement between Member and the Company, and supersede any prior written and/or oral promises, representations, understandings and/or agreements relating to this membership purchase.
- Validity. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will be valid and enforceable.
- Consent. Member consents to allowing the Company to contact Member by email, text message or telephone call to the contact information provided to the Company for any matter related to your membership, including collection of monies owed, alerts or notices regarding purchased services, and promotional information.
- Electronic Signature. The parties agree that this Agreement may be electronically signed and such signature will have the full effect for validity, enforceability and admissibility. Member acknowledges and agrees that these actions constitute your electronic acceptance of the Agreement.
- Members Purchasing a Single Class or Class Pack: Member agrees to pay for a single-class or class pack charge, and membership is subject to the terms herein.
- Members Purchasing a Recurring Membership: Member agrees to pay for membership on a recurring basis (monthly, bi-weekly), and membership is subject to the terms herein as well as the following additional terms in this section.
- Monthly memberships may be canceled at any time with a 30-day advance written notice. Bi-weekly memberships may be canceled at any time with a 14-day advance written notice.
- Your recurring membership billing begins on the date or purchase. Bi-weekly membership charges will recur on the two-week anniversary and every two-weeks thereafter, and monthly membership charges will recur on the same day each month thereafter, until you properly cancel or this agreement is terminated.
- You expressly authorize the Company, or its third-party billing services provider, to charge your credit card for recurring dues, fees or other charges as per the schedule in 2(b) above.
Terms and Conditions
- You must promptly notify the Company of any changes in your billing information, address or telephone number. You expressly permit the Company, or its authorized third-party billing company, to obtain such updated information through payment card networks, card issuers or other third parties.
- Attire suitable for participation in Exercise Classes is required and the Company may determine, in its sole discretion, attire appropriate for participation in Exercise Classes.
- Members are encouraged not to bring valuables onto the Company’s premises. The Company provides lockers and storage areas for personal property but shall not be liable for the disappearance, loss, theft, or damage to personal property of Members and their guests.
- If you fail to cancel a scheduled class at least four (4) hours before the start of the class or if you schedule a class and fail to attend, the Company reserves the right to charge you a fee not to exceed $15.
- Your membership includes access to the studio and Exercises Classes led by an instructor, as well as associated fitness equipment. The Company reserves the right to revise the equipment and Exercise Classes it provides at any time for any reason. The Company will post and maintain a schedule of Exercise Classes at its studio, on its website, and The WonderBarre app.
- The Company does not allow the use of private trainers or instructors without prior approval. Members may not train or instruct other members or guests. Further, Members may not conduct business activity or solicit any business without the Company’s approval.
- Any person under the age of 18 is not permitted in the Company’s studio unless they are actively involved and enrolled in Exercise Classes, and have had a parent or guardian sign a waiver consenting to the minor’s participation in Exercise Classes.
- Member acknowledges that Member’s or Member’s minor child's image (including live or recorded video images), may be used or shown on the Company’s website or social media outlets (Facebook, Instagram, YouTube, etc.), and that by entering the premises you consent to the use of these images.
- The Company represents that it does not discriminate against any person because of sex, race, creed, age, color, origin, sexual orientation, or ancestry in considering applications for memberships.
- The Company reserves the right to terminate Member’s membership for any reason not expressly prohibited by law. In the event of termination, the Company will notify Member in person or will send a notice of termination to Member’s address on file, and refund Member any unused prepaid dues.
- The Company reserves the right, at its sole discretion, to change any term in this Agreement, which will become effective upon (a) the Company providing Member with written notice of the proposed change; and (b) giving Member 30 days after receipt of such notice of change in which to cancel this Agreement, penalty free, or renegotiate the change as to you. If, after 30 days after a change is announced, Member pays the following membership invoice, Member will be considered to have accepted any changes.
- If you are temporarily unable to engage in Exercise Classes for medical reasons, member may request a membership freeze for a period of time not exceeding 12 months. Member may be asked to provide a written doctor's note at the time of requesting a freeze. Member acknowledges and understands that freezing membership will extend the term of this Agreement and that Member will still be obligated to pay periodic membership dues as per your original Agreement until the minimum term has expired. After the freeze, the Company will resume regular charging, and you will be obligated to pay, your periodic membership dues until the minimum term has expired.
Should Member terminate the Agreement for any reason under the Company’s Cancellation Policy, Company will provide Member a refund within 15 days of such cancellation, however, Company retains the right to subtract a pro-rata portion of the refund representing services or classes used by Member prior to cancellation.