EVA STERN PILATES LLC

CLIENT AGREEMENT

This Client Agreement (“Agreement”) is between Eva Stern Pilates, LLC, a fitness studio offering private training rooted in the Pilates method, The Roll Model® Method of myofascial release, the Franklin Method, and music-based movement workshops (“Eva Stern Pilates”), and you the undersigned (“Client” or “You”, interchangeably) as of the date of signing below.

PURCHASING SUMMARY

PAYMENT SUMMARY: Clients may purchase individual sessions and group classes through Eva Stern Pilates website http://www.evasternpilates.com (“Website”). The booking process and payment processing details are further described in the below section, “Reserving Sessions.” Sessions, classes, and packages are billed in-full at the time of purchase. Purchases are non-refundable and non-transferable.

EXPIRATION: Sessions packages expire one year from the date of purchase. There are no extensions, transfers, refunds, or freezes for purchases or expired sessions. You are responsible for noting package expiration date; Eva Stern Pilates will not send reminders or follow-up.

PACKAGE PURCHASES: By purchasing a session or package with Eva Stern Pilates You agree to the terms of this Agreement. Clients may not share packages without the express written consent from Eva Stern Pilates. Specially priced, expiring packages may not be extended, transferred, refunded, shared, or frozen. (see above for package expirations) Eva Stern Pilates will not adjust or extend special packages due to accidental bookings or the acts or omissions of clients. The expiration date set on an expiring package is the date on which the sessions in the package may no longer be used. Clients purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.

TRAINING SESSIONS: BOOKING AND CANCELLATION POLICIES

RESERVING SESSIONS: Clients are solely responsible for the booking and cancelling of their sessions and classes. You may reserve sessions and classes via the Website’s ‘Book Now’ feature. Clients must either have an existing class, session or package in their account, or purchase a class, session or package to secure the reservation. Your reservation is not considered complete until it is paid in full at which point an email receipt confirming the same will be sent to You.

Reservations for sessions and classes are booked through the third-party platform, Acuity. Clients may create an account on Acuity to expedite future bookings, however Acuity does not store credit card information, and You may be asked to re-enter payment information at checkout.

CANCELLATIONS: Sessions may be cancelled without penalty by cancelling up to: 12 hours prior to the start time of a group class, and 24 hours prior to the start of a private lesson. This may be done by either: 1) going online into your Acuity account, or via the confirmation email sent at the time of booking; or 2) emailing or texting Eva Stern Pilates directly, who will confirm the cancellation at their earliest convenience. So long as You give notice outside of the 12-hour cancellation window, Your session will be cancelled and You will not be charged, even if you do not receive an immediate acknowledgement.

If the cancellation is made within the cancellation window prior to your session, or if You do not show up to the scheduled session, the session credit will be forfeited, and/or You will be charged the full amount of the session.

Cancellations via Facebook messenger, Instagram, or other social media are not valid and You will be charged if the booked session is not properly cancelled outside the cancellation window.

In the event of an emergency, Eva Stern Pilates reserves the right to move Client’s sessions to another mutually agreeable time. In this rare instance, the Client will not be charged for the changed session, and their session will be promptly rescheduled.

LATE ARRIVALS: You are expected to arrive to your session and/or class on-time, with the necessary equipment, and ready to begin your workout. Accordingly, if You arrive late to your scheduled session, it is within the discretion of the instructor whether to proceed with the session. In the instance that the instructor does proceed with the session, the session time will not be extended due to Your tardiness, and will end at the scheduled time. In the event that You are so late that it is not feasible to train, Your tardiness will be considered a “no-show” and the session fee will be forfeited from Your account.

If You arrive more than 5 minutes late to a group class, you must text the instructor to be let into the class in progress. (If You are unable to text the instructor, You may email them instead.) If You are later than 5 minutes to a class, it is within the discretion of the instructor whether to admit You into class, as it is disruptive to both the instructor and other students. In the event that you are so late that that admittance into class isn’t feasible, Your tardiness will be considered a “now-show” and the class credit will be forfeited from your account.

STUDIO POLICIES

HYGEINE: In consideration of the instructor and others, You are asked to refrain from wearing perfumes or fragranced lotions, deodorants, or other personal hygiene products during in-person sessions at the Studio.

NO GUESTS OR PETS: In consideration of their safety, and the health and safety of all clients, no visitors or children will be allowed inside the studio if your session is in-person. As it is violative of local, state, and federal health codes and law, pets are not allowed in the studio either.

NO CELL PHONE POLICY: During all sessions cell phones should be on silent and stored away from the workout area. If You anticipate needing to receive or make a call, please notify the instructor at the start of your session.

CONDUCT/DAMAGES: Eva Stern Pilates is committed to the health, safety, and welfare of each of its clients and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Eva Stern Pilates 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.

MISCELANEOUS

MEDICAL RELEASE AND CONSENT TO TREATMENT: You acknowledge that you should consult with a physician prior to beginning any exercise program and that you are not aware of any medical condition that would render you unfit to participate in a session. You will notify Eva Stern Pilates immediately of any change in medical condition, including pregnancy, as soon as reasonably possible.

If in the subjective opinion of the Eva Stern Pilates staff, You would be at physical risk participating in Eva Stern Pilates Sessions You understand and agree that You may be denied access to the session or until You furnish Eva Stern Pilates with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Eva Stern Pilates’ concerns and stating that Eva Stern Pilates’ concerns are unfounded.

You agree that if 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 and/or in-person supervision of a trainer or instructor, you will immediately stop exercising and inform a representative of Eva Stern Pilates of your symptoms. You authorize any representative of Eva Stern Pilates to obtain emergency medical treatment for you, including transportation to a hospital, urgent care, or other medical facility.

PHOTO/VIDEO RELEASE: You grant Eva Stern Pilates, its representatives, employees, or agents the right to take photographs and video footage of You and your property while at Eva Stern Pilates and to use and publish these photos or videos in print and/or electronically. You agree that Eva Stern Pilates may use photographs or video footage of You with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.  

INTELLECTUAL PROPERTY DISCLOSURE: You understand that You are the intended recipient of a session from Eva Stern Pilates and that any material, video or otherwise, You receive or have access to in relation to your training is for your use only. You will not upload any videos or materials provided by Eva Stern Pilates to any online forum such as a personal website, YouTube, or social media. You also agree to not video any part of Eva Stern Pilates’s material without express written consent and to not share, copy, video, summarize, share or reproduce in any way the materials received as they are protected under the United States Copyright Laws, including the Copyright Act of 1976.

EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from Eva Stern Pilates related to private sessions and group classes, the studio, and your participation therein. By entering into this Agreement You give Eva Stern Pilates permission to email You, at the email address on file, regarding the same.

CONDUCT/DAMAGES: Eva Stern Pilates is committed to the health, safety, and welfare of each of its clients and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Eva Stern Pilates 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.

MISCELANEOUS

MEDICAL RELEASE AND CONSENT TO TREATMENT: You acknowledge that you should consult with a physician prior to beginning any exercise program and that you are not aware of any medical condition that would render you unfit to participate in a session. You will notify Eva Stern Pilates immediately of any change in medical condition, including pregnancy, as soon as reasonably possible.

If in the subjective opinion of the Eva Stern Pilates staff, You would be at physical risk participating in Eva Stern Pilates Sessions You understand and agree that You may be denied access to the session or until You furnish Eva Stern Pilates with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Eva Stern Pilates’ concerns and stating that Eva Stern Pilates’ concerns are unfounded.

You agree that if 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 and/or in-person supervision of a trainer or instructor, you will immediately stop exercising and inform a representative of Eva Stern Pilates of your symptoms. You authorize any representative of Eva Stern Pilates to obtain emergency medical treatment for you, including transportation to a hospital, urgent care, or other medical facility.

PHOTO/VIDEO RELEASE: You grant Eva Stern Pilates, its representatives, employees, or agents the right to take photographs and video footage of You and your property while at Eva Stern Pilates and to use and publish these photos or videos in print and/or electronically. You agree that Eva Stern Pilates may use photographs or video footage of You with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.  

INTELLECTUAL PROPERTY DISCLOSURE: You understand that You are the intended recipient of a session from Eva Stern Pilates and that any material, video or otherwise, You receive or have access to in relation to your training is for your use only. You will not upload any videos or materials provided by Eva Stern Pilates to any online forum such as a personal website, YouTube, or social media. You also agree to not video any part of Eva Stern Pilates’s material without express written consent and to not share, copy, video, summarize, share or reproduce in any way the materials received as they are protected under the United States Copyright Laws, including the Copyright Act of 1976.

EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from Eva Stern Pilates related to private sessions and group classes, the studio, and your participation therein. By entering into this Agreement You give Eva Stern Pilates permission to email You, at the email address on file, regarding the same.