LIABILITY + PARTICIPATION WAIVER
BY SIGNING THIS WAIVER AND RELEASE, YOU WAIVE IMPORTANT LEGAL RIGHTS YOU MAY HAVE AND YOU CERTIFY THAT: (1) YOU UNDERSTAND THE TERMS OF THIS RELEASE; (2) YOU HAVE CAREFULLY READ THIS RELEASE, INCLUDING, WITHOUT, LIMITATION, ITS PROVISIONS RELATED TO ASSUMPTION OF RISKS, RELEASE OF CLAIMS, LIMITATION OF LIABILITY, AND INDEMNITY; AND (3) YOU FREELY ACCEPT AND AGREE TO BE LEGALLY BOUND BY THIS WAIVER AND RELEASE.
I, the undersigned, am aware that there are significant risks involved in all aspects of physical training with Soleil Studio/Soleil Fitness, LLC (“Soleil” or “The Studio”) whether in a live, in-person or digital/virtual environment; a class, event, activity, workshop or other program (collectively, the “Training”); and whether using the premises and/or facilities of Soleil Studio rented, owned, and/or operated by Soleil Studio (the “Studio). I acknowledge on behalf of myself, my heirs, my personal representatives and/or assigns, there are inherent risks associated with the Training and Studio and that I assume all such risks.
I understand and am aware that strength, flexibility, and aerobic exercise, including the use of exercise equipment, breathwork, meditation, and other wellness modalities, while largely beneficial for my physical and mental wellbeing, are also potentially hazardous activities, more so in an online or remote training environment. I will, at all times, use all reasonable efforts to ensure my own physical safety. I shall comply with all stated and posted safety rules, as well as verbal instructions given to me by a Soleil Studio instructor, regardless of if the instructor is physically present or if I am receiving instruction online via virtual training or live streaming.
I also understand that fitness activities involve the risk of injury, and that I am voluntarily participating in these Trainings, and using equipment, knowing the dangers involved. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above-mentioned risks may result in serious injury or death to myself.I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any and all injury or death that may result or are aggravated by my participation in any Training with Soleil Studio.
I also understand that equipment used in Training can be dangerous if used improperly. I agree that Soleil Studio is not responsible for any injury I sustain due to defects or damages in equipment used while under the operation of Soleil Studio, whether or not owned and/or maintained by Soleil Studio, or defect, damages, or lack of maintenance in my individually owned equipment, or equipment used not while under in-person direction from Soleil Studio.
I understand that prior to my involvement in any exercise program I should obtain an examination by a physician and a movement screening by a physical therapist. If I have chosen not to obtain a physician’s permission and/or movement screening prior to beginning this exercise program with Soleil Studio, I hereby agree that I am doing so at my own risk and that I am physically fit enough to participate in a Training with Soleil Studio. I represent that I have no injuries, conditions, impairments, disease, infirmities, or other illness that would prevent my participation, or use of equipment in a Training, except as noted by Soleil Studio; in this instance my Training will be modified accordingly. I will notify Soleil Studio immediately of any change in my medical condition, including pregnancy. I acknowledge and agree that if I am pre/post-natal, I increase the risk to myself and, if applicable, my unborn child. In participating in a Training, I assume all associated risks to myself, and if applicable, my unborn child.
I agree that if, during a Training or immediately after, I experience any symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, whether or not I am under direct or physically present supervision of a trainer or instructor, I will immediately stop exercising. I agree that Soleil Studio and its partners, manager, officers, directors, employees, agents, contractors, sub-contractors, representatives, successors, assigns and volunteers, cannot be expected to control all possible risks but may need to respond to accidents and potential emergency situations. I give my consent for any medical treatment that may be required during my attendance with the understanding that the cost of any such treatment will be my responsibility. I either have appropriate insurance or in its absence agree to pay all costs of rescue or medical services. I am aware that there are classes at the Studio that may or will use flashing and strobing; it is advised that clients with a photosensitivity disorder or those who are prone to seizures consult their doctor prior to participating in a Training. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at, or under direction of Soleil Studio.
In consideration of participating in a Training at the Studio with Soleil Studio, I, on behalf of myself, my heirs, my personal representatives and/or assigns, release, indemnify, discharge, and hereby hold harmless Soleil Studio, its partners, 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, losses (including reasonable attorney’s fees), and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Training, use of the Studio (including ingress and egress to the Studio space, whether public or private property), or training with Soleil Studio in any way.
Terms of Service & Studio Policies
What to Bring:
-Yoga Classes: If you are signed up for a yoga class you will need to bring your own mat or rent one at reception. Mat rentals are $3 and towel rentals are $2. You can rent both in a bundle for $4.
Check-in / Late Arrival Policy:
-If this is your first time to the studio, please arrive at least 15 minutes before your scheduled class for your studio orientation.
-If you are not checked in at the start of class, your spot will be released to the next student on the waitlist.
- Clients who are new to our studio must be present at the start of class to be admitted. Late entry is not permitted for new clients. We allow existing clients a 5 minute grace period for late entry after the start of class. However, if someone from the waitlist is at the studio at the start of the class and you are not, your spot will be given up to them.
Heated Classes:
Studio 2, where our heated classes take place, is heated between 90-100 degrees using infrared technology. Temperatures can rise in our group classes two exceed 100 degrees.
Booking Windows:
-All class packs, new client specials, and single class credits have a rolling two week booking window. Meaning, you can book two weeks out from today.
-Our members get priority booking privileges. All memberships have a thirty day booking window.
Reservation Policies:
To reserve a spot in class, you must have a valid credit package or membership on file. To make a reservation please login to your account using our Soleil Studio App or by visiting our website. If you need to change your reservation, please do so 12 hours or more before the class start time to avoid losing your credit or incurring a late cancellation charge.
Cancellation/No Show Policy:
-If you need to cancel your reservation, please cancel as soon as possible. You can cancel your reservation by logging into your account via our website or the Soleil Studio App.
-Cancellations made via email, Facebook, or Instagram will not be taken, and you will be charged. You are responsible for logging into your account and canceling your reservation.
-Class cancellations made less than 2 hours before the start of class will be considered a late cancel. A late cancel or a no show will result in the loss of the class from your specific membership or pricing option or a penalty fee if you are on an unlimited membership.
-Unlimited Members will incur a $10 charge to their account for late cancellations and $15 for no show reservations.
Waitlist:
-If the class you want to attend is full, we recommend getting on the waitlist. When space opens up, you will receive an email confirming your spot.
-You will have to purchase a class credit in order to reserve your spot on the waitlist.
-If you are on the waitlist and are added into the class you will be held to our late cancellation policy. If you can no longer attend class it is important you remove yourself from the waitlist. If you do not get added to the class from the waitlist, you will be able to use your class credit for a future booking.
-You can confirm where you are in line on the waitlist by checking the lineup on the Soleil Studio App. Navigate to your schedule, click on the class you are waitlisted for, and then look to see where you are in line.
-If you place yourself on the waitlist for multiple classes, you are responsible for monitoring your reservations and canceling your classes within the bounds of our cancellation policy. Soleil Studio cannot be held responsible for accidental bookings, double bookings, or double waitlisted classes made by clients.
-Late cancel and no-show fees apply if you do not cancel within the bounds of our cancellation policy.
Membership Terms:
-All Soleil Studio memberships require at least a three month minimum commitment (founding memberships a six month commitment). After those three months are over, your membership will be renewed on a month to month basis. If you wish to cancel your membership you will need to email us with 30 days notice.
-By purchasing a membership you are authorizing Soleil Studio to, on a recurring basis, automatically charge the debit or credit card account associated with your account, for monthly payments due associated with your membership and any fees stated in our late cancellation policy.
-Membership credits/classes DO NOT rollover to the next month and can't be extended for use outside of the 30 day window.
-Soleil Studio will initiate charges each month on the date your contract is set to renew. Soleil Studio has the right to discontinue processing of memberships or late cancellation fees if unable to secure funds from the debit or credit card associated with your account.
-If your payment fails to process, your booking privileges will be frozen.
-You can freeze your membership for a minimum of thirty days and a maximum of three months per calendar year. To hold your membership, contact us via email with the exact dates.
-Memberships can not be canceled while frozen.
Guest Pass Terms:
All Soleil Studio Members receive one guest pass per month they can use to book and bring a friend with them. You can book your guest into class with you by using the Soleil Studio App.
Medical Concerns & Pregnancy:
Soleil Studio may decline entry to a class because of injury and other safety concerns including pregnancy. If you are pregnant, you may take any of our classes with your doctor's consent.
Returns & Exchanges:
All sales are final. Classes and private sessions are not available for transfer or exchange and cannot be shared amongst clients. All merchandise bought is considered a final sale and can’t be returned or exchanged.
Lost & Found:
Soleil Studio is NOT responsible for any lost or stolen items in the studio. Please email the studio directly for any items you may have left behind.
No Phone Policy:
Your time in the studio is solely for you. To avoid disruption and distraction to you and other students, please leave your cellphones out of the studio during class. Pictures/videos can be taken before or after class starts, but recording is prohibited while class is in session.
Age Restriction:
Minimum age to attend class is 16. A parent or guardian must be present if the individual is under the age of 18 and sign a consent form for them to take class.
Liability Waiver
When you visit Soleil Studio or send emails to us, you are communicating with us electronically, and therefore consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our website and social media channels. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In consideration for the privilege of participation in Yoga Classes, Studio Programs and/or Workshops (the “Programs”) offered by Soleil Fitness, LLC., I hereby agree that: 1. I understand that there are inherent risks involved in the Programs, including the risk of serious physical injury and death and I fully assume all risks associated with the Programs, including: intensive physical activity and exertion, causation or aggravation of a physical injury or medical condition, lack of warnings or inadequate warnings: lack of instructions, inadequate instructions, or my failure to follow instructions: slipping from slippery surfaces such as mats or floors; equipment failure; and the like. I am fully aware of and accept the risks and hazards involved, and agree to assume full responsibility for any risks, conditions, injuries or damages, known or unknown, which I might incur or aggravate as a result of my participation in the programs. 2. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Yoga Classes, Studio Programs and/or Workshops, and to receive prior approval to participate. I represent and warrant that I am physically fit and I have no medical condition or injury, which would prevent my full participation in the Yoga Classes, Studio Programs and/or Workshops . 3. I, for myself and my heirs, assigns, successors, executors, administrators, and legal representatives hereby release and agree that I will not sue Soleil Fitness, LLC., its Affiliates, Officers, Directors, Agents, Servants, and Employees or the landlord of any premises at which it may operate, for money damages for personal injury or property damage sustained by me during my use of presence in, and/or participation in the Soleil Fitness, LLC. facilities, equipment and Programs. 4. I, for myself and my heirs, assigns, successors, executors, administrators, and legal representatives hereby agree I will defend, indemnify and hold harmless Soleil Fitness LLC., its Affiliates, Officers, Directors, Agents, Servants and Employees or the landlord of any premises at which it may operate, from any and all claims, suits or demands by anyone arising from my use of, presence in, and/or participation in the Soleil Fitness LLC. facilities, equipment and Programs. 5. I understand that it is my continuing responsibility to inform the instructor(s) at Soleil Fitness LLC., of any previous medical conditions, injuries or surgeries prior to my first class and at such other times as I acquire information as to same. 6. I also understand that, except for monetary refund, I have no claim against Soleil Fitness, LLC. or the landlord of the premises (except for the monetary refund) by reason of their refusal to allow me to participate in the Programs. I have read the above Release and Waiver of Liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.
Soleil Studio may photograph and record you. They may publish and distribute these photographs and recordings in connection with your participation in Soleil Studio activities and your attendance at Soleil Studio facilities. By acknowledging these terms, you agree and consent that Soleil Studio may display these photographs and recordings through our website and social media channels.