PURCHASES, REFUNDS AND CANCELLATION POLICIES AND PROCEDURES
**PLEASE READ THE FOLLOWING IN ITS ENTIRETY**
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I UNDERSTAND THAT THROUGHOUT THIS DOCUMENT THE REFERENCED TITLE “FITNESS WITH KELLY NOWELLS, LLC DBA BALANCE YOGA AND FITNESS STUDIO” WILL BE ALSO BE KNOWN AS “BALANCE YOGA AND FITNESS STUDIO” AND FOR LEGAL PURPOSES WILL BE INTERPRETED AS ONE IN THE SAME THROUGHOUT THIS DOCUMENT.
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*10 CLASS PACKAGES AND COUPLE'S YOGA SESSIONS
I UNDERSTAND THAT THE “BALANCE YOGA AND FITNESS STUDIO” 10 CLASS PACKAGE AND COUPLE'S YOGA SESSION PURCHASES ARE FINAL AND EXPIRE 90 DAYS FROM PURCHASE. THERE ARE NO REFUNDS, THEY ARE NON-TRANSFERRABLE AND APPLY TO A SINGLE INDIVIDUAL FOR THE 10 CLASS PACKAGE AND TO THE 2 INDIVIDUALS IMPLIED IN THE COUPLE'S YOGA SESSION ONLY. THE 10 CLASS PACKAGE AND COUPLE'S YOGA SESSION MAY NOT BE SHARED WITH ANYONE WITHIN OR WITHOUT THE HOUSEHOLD OF THE INDIVIDUAL(S).
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*UNLIMITED MONTHLY MEMBERSHIP
I UNDERSTAND THAT THE PURCHASE OF A “BALANCE YOGA AND FITNESS STUDIO” MONTHLY MEMBERSHIP WILL BE BILLED MONTHLY ON THE SAME DATE OF EACH MONTH FROM THE INITIAL PURCHASE OF THE MEMBERSHIP. I UNDERSTAND THAT THERE IS AN INITIAL SET UP FEE OF $15 FOR THE MONTHLY MEMBERSHIP BILLED AT THE INTITIAL MONTH'S PURCHASE ONLY. FOR EXAMPLE, IF THE INITIAL MEMBERSHIP WAS PURCHASED ON THE 1ST OF THE MONTH THE MONTHLY FEE PLUS $15 WILL BE CHARGED AND EACH FOLLOWING MONTH ON THE 1ST WILL BE BILLED THE MONTHLY MEMBERSHIP FEE ONLY AND SO ON BASED ON THE DATE OF THE MONTH OF THE INITAL PURCHASE. I UNDERSTAND THAT IF MY MONTHLY PAYMENT IS DECLINED, I WILL NOT BE ABLE TO SCHEDULE A CLASS UNLESS AND UNTIL RECEIPT OF PAYMENT IS RECEIVED. I UNDERSTAND IF MY MONTHLY MEMBERSHIP PAYMENT IS DECLINED, A $25 FEE WILL BE CHARGED FOR EACH DECLINED TRANSACTION. ***If payment is not made within 24 hours of the original due date, there will be an additional $15 fee added for each day past the due date.***
"BALANCE YOGA AND FITNESS STUDIO" UNLIMITED MONTHLY MEMBERSHIPS REQUIRE 30 DAYS NOTICE OF CANCELLATION PRIOR TO THE NEXT PAYMENT DUE DATE. YOU MAY CANCEL OR PLACE MEMBERSHIPS ON HOLD FOR UP TO 90 DAYS BY GIVING 30 DAYS PRIOR NOTICE. REINSTATEMENT OF A MONTHLY MEMBERSHIP AFTER 90 DAYS WILL REQUIRE AN INITIAL SET-UP FEE OF $15 WHICH WILL BE APPLIED AT THE TIME OF REACTIVATION. THERE IS A $50 FEE FOR LESS THAN 30 DAYS NOTICE OF CANCELLATION OR PLACING MEMBERSHIP ON HOLD. MEMBERSHIPS ARE NON-TRANSFERRABLE AND MAY NOT BE SHARED WITH ANYONE WITHIN OR WITHOUT THE INDIVIDUAL'S HOUSEHOLD. NO REFUNDS ON MEMBERSHIP PURCHASES AT ANY TIME FOR ANY REASON.
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*PRIVATE YOGA AND PERSONAL TRAINING
I UNDERSTAND THAT BY SCHEDULING A PERSONAL TRAINING OR PRIVATE YOGA SESSION I HAVE ALREADY AGREED TO A SET NUMBER OF SESSIONS PER MY CONTRACT. I AGREE TO THE TERMS AND CONDITIONS LAID OUT IN THE SIGNED HARD COPY OF THE "BALANCE YOGA AND FITNESS STUDIO PERSONAL TRAINING AND PRIVATE YOGA TRAINING CONTRACT" BETWEEN MYSELF AND "BALANCE YOGA AND FITNESS STUDIO" AND I FURTHER AGREE THAT I HAVE BEEN GIVEN A SIGNED HARD COPY OF THE "BALANCE YOGA AND FITNESS STUDIO PERSONAL TRAINING AND PRIVATE YOGA CONTRACT". I UNDERSTAND THAT SHOULD I DECIDE TO PURCHASE ANY OTHER MEMBERSHIPS, PACKAGES OR GIFT CERTIFICATES FROM "BALANCE YOGA AND FITNESS STUDIO" I AGREE TO THE PURCHASE, REFUND AND CANCELLATION POLICIES LISTED ABOVE, AND ANYWHERE ELSE IN THIS DOCUMENT, IN IT'S ENTIRETY.
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*DROP-IN CLASSES
THERE ARE NO REFUNDS FOR PAID DROP-IN CLASSES.
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*GIFT CERTIFICATES
I UNDERSTAND THAT "BALANCE YOGA AND FITNESS STUDIO" GIFT CERTIFCATE PURCHASES ARE FINAL AND REFUNDS ARE NOT AVAILABLE. GIFT CERTIFICATES ARE FOR THE INTENDED RECIPIENT ONLY AND ARE NON-TRANSFERRABLE. GIFT CERTIFICATES EXPIRE WITHIN 1 YEAR OF PURCHASE. GIFT CERTIFICATES ARE FOR THE INTENDED PURPOSE STATED ON THE CERTIFICATE ONLY.
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*COUPONS AND PROMO CODES
ALL PROMOTIONAL CODES AND COUPONS ARE FOR A SINGLE-TIME USE ONLY UNLESS OTHERWISE STATED. NO REFUNDS ON PURCHASES MADE USING COUPONS OR PROMO CODES.
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*GROUP CLASS CANCELLATION POLICY
SPACE IS LIMITED IN GROUP FITNESS CLASSES. IN ORDER FOR US TO KEEP THINGS AS PERSONALIZED AS WE CAN, WE ASK THAT YOU PLEASE GIVE 12 HOURS NOTICE WHEN CANCELLING A GROUP EXERCISE CLASS. IN SOME CASES WE WILL BE PLANNING AHEAD BASED ON WHO IS ATTENDING A PARTICULAR CLASS SO IN ORDER FOR US TO START ON TIME WE ASK THAT YOU PLEASE SIGN UP AS EARLY AS POSSIBLE. WE DO ALLOW MEMBERS AND NEW CLIENTS TO DROP-IN IF THERE IS SPACE AVAILABLE IN CLASS. HOWEVER, WE HIGHLY RECOMMEND PLANNING AHEAD SO THAT THE INSTRUCTOR CAN BE READY FOR YOU.
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A $10 FEE APPLIES TO NO-SHOWS AND CANCELLATIONS WITH LESS THAN 12 HOURS NOTICE.
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*BY CHECKING THE BOX I AGREE THAT I HAVE HAVE HAD ALL MY QUESTIONS ANSWERED TO MY SATIFISFACTION AND I FULLY UNDERSTAND AND ACCEPT THE POLICIES AND PROCEDURES LAID OUT HEREIN.
NO CONTRACTS OR OBLIGATIONS
***WE DO NOT OFFER REFUNDS***
INFORMED CONSENT AND WAIVER OF RISK AND RELEASE OF LIABILITY
**PLEASE READ THE FOLLOWING IN ITS ENTIRETY**
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IN CONSIDERATION OF the risk of injury that exists while participating in PERSONAL TRAINING, PRIVATE YOGA SESSIONS, GROUP EXERCISE CLASSES, ON DEMAND VIDEO FORMATS OR ANY OTHER FITNESS RELATED ACTIVITY, WORKSHOP OR TRAINING COURSE (hereinafter the "Activity"); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind rising out of my participation in the Activity; and
I HEREBY release and forever discharge FITNESS WITH KELLY NOWELLS, LLC, DBA BALANCE YOGA AND FITNESS STUDIO located at 5585 Schenck Ave, Suite 1, Rockledge, FL 32955, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of participation in the aforementioned Activity.
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I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
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I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
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I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize FITNESS WITH KELLY NOWELLS, LLC DBA BALANCE YOGA AND FITNESS STUDIO to provide all emergency medical care deemed necessary, including but not limited to first aid, CPR, and the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
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I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the FITNESS WITH KELLY NOWELLS, LLC DBA BALANCE YOGA AND FITNESS STUDIO official or agent, regarding my approval to participate in the Activity.
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I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Fitness with Kelly Nowells, LLC, DBA BALANCE YOGA AND FITNESS STUDIO AND ALL ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, SUCCESSORS, PREDECESSORS, REPRESENTATIVES, HEIRS, VOLUNTEERS, STAFF AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Fitness with Kelly Nowells, LLC, DBA BALANCE YOGA AND FITNESS STUDIO FOR PERSONAL INJURY OR PROPERTY DAMAGE.
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To the extent that the statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of FITNESS WITH KELLY NOWELLS, LLC, DBA BALANCE YOGA AND FITNESS STUDIO its agents, and employees. I agree that this Release shall be governed for all purposes by Florida law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
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THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIAPTION IN THE ACTIVITY DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, AS INDICATED BY THE NAME ON THIS FORM ABOVE and Fitness with Kelly Nowells, LLC, DBA BALANCE YOGA AND FITNESS STUDIO agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
I UNDERSTAND, ACCEPT AND AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.
**I UNDERSTAND THAT BY CHECKING THE BOX LABELED "I HAVE READ AND AGREE TO THE TERMS ABOVE" I AM AGREEING TO THE CONTENT AND ACCEPT AND AFFIRM ALL TERMS AND CONDITIONS INDICATED HEREIN.
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BALANCE YOGA AND FITNESS STUDIO
5585 SCHENCK AVE, SUITE 1, ROCKLEDGE, FL 32955
321-415-7515
TEXT FRIENDLY
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