LIABILITY WAIVER

AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK

By signing up for and/or attending training sessions, events, activities, and other programs (the “Sessions”) and using the premises, facilities and equipment rented, owned and/or operated (the “Facilities”) conducted or hosted by Mountain View Pilates, LLC doing business as Equilibrium Movement with Intention (“Equilibrium”), I acknowledge on behalf of myself, heirs, representatives and/or assign, there are inherent risks and dangers

associated with the Sessions and Facilities and that I assume such risks.

I understand and am aware that strength, flexibility and aerobic exercise, including the use of equipment, while largely beneficial for your physical and mental wellbeing, are also potentially hazardous activities. I also understand

and agree that the equipment used in fitness instruction can be dangerous if used improperly. As such, I will, at all times, use reasonable efforts to ensure my own physical safety. This includes but is not limited to complying with all

stated and posted safety rules, as well as following all verbal instructions given to me by an Equilibrium instructor. I also understand that fitness activities involve the risk of injury, and that I am voluntarily participating in these

activities, and using equipment, knowing the dangers involved. I agree to assume full responsibility for any and all injuries and/or damages sustained or aggravated by me in relation to the Sessions.

I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation, or use of equipment or machinery. I have not been advised by a medical provider to avoid physical activity like that of a Session and assume all responsibility and risk for participating in activities to which I have been advised against. I do not suffer from a condition, impairment, disease, infirmity, or other illness that would prevent my participation, or use of equipment, except as shared with and noted by Equilibrium; in such instance my Session may be modified accordingly. I will notify Equilibrium immediately of any changes in my medical condition, including pregnancy, as soon as reasonably possible. I acknowledge and understand that if I am pre/post-natal there is an increased risk to myself and, if applicable, my unborn child. By participating in a Session, I assume all associated risks to myself, and if applicable, my unborn child. If I am pre/postnatal I have permission from my physician to participate in an exercise program.

I agree that if before, during, or after a Session, I experience shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, whether or not I am under the direct supervision of an instructor, I will

immediately stop exercising and, if possible, immediately inform a representative of Equilibrium of my symptoms. I authorize any representative of Equilibrium to obtain emergency treatment for me, including transportation to a hospital, urgent care, or other medical facility.

In consideration of being allowed to participate in and access the Sessions and Facilities, I (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by my in relation to the Sessions

and Facilities, (2) release, indemnify, and hold harmless Equilibrium, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents,

and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in

any way related to participation in the Sessions, and use of Facilities (including ingress and egress to the Session space whether public or private), (3) represent that I (a) have no medical or physical condition that would prevent me from properly using any of Equilibrium’s Sessions and Facilities, (b) do not have a physical or mental condition that would put me in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise, and (4) understand that Equilibrium does not manufacture any equipment on the premises and is not responsible or liable for any defective products.

Participant Name: ________________________________________

Participant Signature: ______________________________________

If Participant is under 18 years old:

Parent/Guardian Name:_______________________________________

On Behalf of Minor Participant:_______________________

Signature of Parent/Guardian: _______________________________

Date: _______________________________

MEMBERSHIP AGREEMENT

This Membership Agreement (“Agreement”) is entered into between You, the undersigned (“You” or “Client” interchangeably) and Mountain View Pilates, LLC, doing business as Equilibrium (“Equilibrium”), as of the date of the Agreement below.

I. PAYMENT SUMMARY, MEMBERSHIP TERMS:

1 – PAYMENT SUMMARY: To purchase and participate in a group class or private session with Equilibrium, You must agree to the terms of this Agreement and those in the Liability Waiver, Agreement to Participate and Release of Claims. 

You may purchase individual group classes and/or sessions, a package or a “Membership” of the same, via the Equilibrium application through the third-party platform, Momence. You will create an “Account” in Momence and have the option to save a valid and up-to-date debit or credit card on file, and your credit card will be charged for purchases through Momence. 

All sessions are reserved and paid for in advance through Equilibrium online booking system. All sales are final, notwithstanding local laws. Sessions are not eligible for transfer, exchange, or refund; packages cannot be shared between clients. 

All fees and charges (including any taxes and late fees, as applicable) will be charged to a valid and up-to-date debit or credit card on file, as further described below

2 – ACCOUNT: Upon your first purchase of the Services, or first use of the Sites and/or Website, You will be prompted to create an account (the “Account”) with Equilibrium via third-party hosting platform Momence. Your Account is protected via password and where You will purchase and book certain Services, access certain purchased products, and securely store credit card information. 

3 – PACKAGE POLICIES: By purchasing a package of sessions or classes with Equilibrium You agree that: (1) Packages are not shared or transferable between members, unless expressly agreed upon by Equilibrium’ ownership in writing; (2) Introductory Offers are for new clients only (3) Expiring packages may not be extended, transferred, refunded, shared, or frozen (4) Equilibrium will not adjust or extend 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; and (5) Clients purchasing packages do so with the express understanding of these terms and agree to be bound by such.

Packages and Memberships cannot be redeemed for private classes and/or events or Brew Series classes. 

Package Expiration: ‘Packages’ refers to any purchase of a pre-determined allotment of classes and/or sessions to be redeemed at Equilibrium. Credits expire as indicated at the time of purchase, and below, including as new member specials and introductory offers. 

• Introductory 3-pack: 45-day expiration from the date of purchase
• 5-pack: 2-month expiration from the date of purchase
• 10-pack: 4-month expiration from the date of purchase 

There are no extensions, refunds, or freezes for expiring packages. You are responsible for noting any expiration date; Equilibrium will not send reminders or follow-up. Remaining credits at the expiration of the package will be forfeited and will not roll-over or be converted into Equilibrium credit. 

4 – MEMBERSHIPS: Equilibrium offers various “Membership(s)” which refers to automatic renewing monthly commitments to a certain number of sessions and classes for a pre-determined number of months. Membership “Terms” are set and stated at the time of purchase. If You wish to purchase additional sessions each month to supplement your Membership, You may do so at a reduced rate.

Auto renewing Memberships are automatically billed monthly on the same date. Auto renewing Membership will continue to renew each month until the Term ends. Equilibrium notes that due to the limited duration of each Term, You may not cancel the Membership once enrolled, except as otherwise noted herein and allowed by state law. 

Credit roll-over:  Each Membership grants You a certain number of classes and sessions each month. The credits are to be used on a regular cadence week-over-week. If You need to reschedule in accordance with the Cancellation Policies below, You are encouraged to do so as early as possible to secure an alternate time. 

If You have an unused credit at the end of the month, the credit will ‘roll-over’ for thirty (30) days, or the duration of the following month. You will still be given the new month’s full credits, and the additional roll-over credits. By way of illustration: if You have a package of 4 credits/month, and only use 2 credits in Month 1, the remaining 2 credits will roll-over into Month 2, in addition to receiving Month 2’s regular 4 credits. At the end of Month 2, your 2 roll-over credits will expire. 

The only exception to these roll-over terms is for remaining credits at the end of the Term; if You have remaining credits in your package, they will roll-over ONLY IF You enroll in the following Term and must be used within the first 30-days of the Term. If You do not re-enroll, the credits expire.

Membership Freeze/Pause: Due to the limited duration of the Term, Membership freezes or pauses are not permitted. Rather, there is a natural break between the Terms if You chose to cycle off. 

Auto Debit: By purchasing an auto renewing Membership, You expressly agree that Equilibrium is authorized to charge your selected purchase on the payment method You designate. You authorize Equilibrium to, on a recurring basis - on the same of the day of each month of the Membership, automatically charge the debit or credit card account You specified, for the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Equilibrium will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. Equilibrium may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. Equilibrium cannot be held responsible for errors in processing due to expired or inaccurate information; and (3) Equilibrium is not responsible for any bank overdraft fees that may occur. 

Membership Cancellation: Notwithstanding state laws, and due to the limited duration of the Membership Term, the Memberships are not eligible for cancellation once enrolled

5 – REFUND POLICY: It is Equilibrium’ intention for You to be happy with your participation and education in the services. Due to the extensive time, effort, preparation, and care that goes into creating and/ providing the services, all sales are final, and no refunds will be provided. 

Chargeback Policy: Unless otherwise provided by law, You acknowledge that all sales are final and Equilibrium does not offer refunds for any portion of your payment for any of the services at any time, unless explicitly indicated otherwise at the time of purchase. By agreeing to the terms of this Agreement, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it. 

Should You attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not and You will lose all access to ALL credits purchased from Equilibrium. You will remain contractually responsible for payment of Services in full. 

Payment Processor: Payments made on the Sites are processed by the third-party payment processor, Stripe. You may choose to store a valid and up-to-date debit or credit card on file within your Account for: (1) incidental charges such as late-cancel fees and/or (2) ease of transaction. In such event that an incidental charge needs to be made the cardholder and account holder gives permission to Equilibrium to charge the card on file. Site. 

II. RESERVATIONS AND CANCELLATION POLICIES

1 – RESERVATIONS: You are solely responsible for the booking and canceling of your classes and sessions. You may schedule on the Sites and/or via your Account in Momence. Once on the Site, You must log into your Account, and purchase a credit, package, of Membership to secure the reservation. Your reservation is not considered complete until it is paid in full; all reservations and purchases are confirmed via email.

Session Continuity: To best facilitate Your results, maintain continuity in Your practice, and ensure fairness in scheduling to all clients, You are asked to schedule Sessions consistently each week. That day/time will be considered ‘Yours’ on Equilibrium’s master schedule unless You reschedule in accordance with the terms of this Agreement. 

2 – CANCELLATIONS: Classes and sessions must be cancelled at least 24-hours prior to the class or session start time. If you do not cancel or reschedule before the cancellation window closes, You be considered a late cancel, lose your class or session credit, or incur a fee. 

Cancellations and reschedules may be done online only via (1) your Account, or (2) the confirmation email sent at the time of booking.  If You cancel outside the 24-hour window You will receive a session credit as there are no refunds. If the cancellation is made within the 24-hour cancellation window prior, it will be considered a ‘late cancel’ and the credit will be forfeited, and/or You will be charged the full amount. 

If You do not show up to the scheduled class or session it will be considered a ‘no show’ and You will forfeit the class and/or session credit; if You do not have an existing credit, You must pay for the class or session prior to being able to schedule another, or, if You maintain a valid credit/debit card on file will be charged for the class/session upon no-show. 

Cancellations made by texting an instructor, Facebook messenger to the studio and/or other social media platforms, are not valid forms of cancellation, and You will be charged if the booked class or session is not properly canceled outside the cancellation window.

In the event of an emergency, Equilibrium reserves the right to move your session to another mutually agreeable time, or to cancel it outright. In this rare instance, You will not be charged for the changed session, and You session will be promptly rescheduled.

3 – LATE ARRIVALS: You are expected to arrive at your class or session on-time, with the required equipment (if applicable) and ready to begin your workout. If You arrive late to your scheduled session or class, it is within the discretion of the instructor whether to proceed. If You are late and the instructor does proceed with your private session, the session time will not be extended due to Your tardiness and will still end at the scheduled time. If You are so late that it is not feasible to workout, your tardiness will be considered a “late-cancel”, and the session will be forfeited.

III. STUDIO POLICIES

1 – STUDIO POLICIES: Instructors are subject to change and classes are subject to cancellation without notice. When possible, an email will be sent communicating the change in the schedule. Subject to any opt-you, You consent to receive noticed from Equilibrium pertaining to a class or session which You are registered for. Equilibrium is not responsible if You do not read the notices. 

Studio Guests: For safety purposes, and in accordance with local laws, children and pets are not permitted in the studios during class. 

Workout Attire, Grip Socks: All clients are asked to wear comfortable, non-restrictive workout gear to the session and classes. No jeans or attire with metal accessories, large zippers, or loose jewelry are allowed on the equipment. 

Cell Phones: Cell phones are not allowed during class. If You have an emergency which requires You to be on-call or that requires You to need to check your phone during class – inform your instructor. 

Cleaning: Clients are also responsible for wiping down their machine after class. 

2 – CODE OF CONDUCT: Equilibrium is committed to providing an environment that is free from disrespectful and offensive behavior, and that is safe space for all individuals. Accordingly, harassment, inappropriate, or discriminatory behavior by clients, and/or continued disruptive or incendiary behavior, as determined in the sole discretion of Equilibrium, will not be tolerated. Equilibrium 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. 

3 – MEDIA AND CONTENT RELEASE: You grant Equilibrium, its representatives, employees, agents and/or assigns the right to take digital recordation of You and your property while engaging with and/or interacting with Equilibrium and/or participating in a Service with Equilibrium, and to use and publish these photos or videos in print and/or electronically. 

By agreeing to be filmed, photographed, and/or otherwise documented by Equilibrium, You, on behalf of yourself, heirs, representatives, executors, and assigns, irrevocably grant Equilibrium the absolute and unrestricted right and permission throughout the universe and forever to copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit by any and all uses such content, with or without my name, without compensation, for any lawful purpose, including but not limited to: publicity, illustration, advertising, and web content.  You further agree that Equilibrium is the lawful owner of all digital files, and accordingly, waive any right that You may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein your likeness appears, or the use of which may be applied.

IV. MISCELLANEOUS

1 – 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 Equilibrium immediately of any change in medical condition, including pregnancy, as soon as reasonably possible.

If in the subjective opinion of Equilibrium, You would be at physical risk participating in a Equilibrium workout, You understand and agree that You may be denied access to the session or until You furnish Equilibrium with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Equilibrium’ concerns and stating that Equilibrium’ 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, You will immediately stop exercising and inform a representative of Equilibrium of your symptoms. You authorize any representative of Equilibrium to obtain emergency medical treatment for You, including transportation to a hospital, urgent care, or other medical facility. 

2 – TACTILE CUEING: It is sometimes necessary for the instructor to physically touch You to attain the proper form for an exercise. By agreeing to the terms of this Agreement, You consent to such appropriate physical contact.

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

4 – TEXAS DISCLOSURES:  NOTICE TO PURCHASER:  DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES. IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT.  THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: 10601 CLARENCE DRIVE, SUITE 250, FRISCO TX, 75033-3867

IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY (A)  CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS: 10601 CLARENCE DRIVE, SUITE 250, FRISCO TX, 75033-3867; AND (B)  FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE.  TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE.  THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE'S INTERNET WEBSITE. IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT.  THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH.  THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: 10601 CLARENCE DRIVE, SUITE 250, FRISCO TX, 75033-3867.

ACKNOWLEDGMENT OF RECEIPT AND UNDERSTANDING

By signing below, You hereby agree that You shall abide by all the terms, conditions and policies embodied within this Client Services Agreement.

Print Name: ____________________________________

Signature: ____________________________________

Date: ______________________________________

Name and signature of parent/guardian if participant is under 18 years of age:

_____________________________________________________________________________

Emergency Contact Information:

Print Name: _______________________________________

Relationship: _________________________________

Phone Number: ______________________________________