Client Services Agreement

This Client Agreement (“Agreement”) is entered into between You, the undersigned (“You” or “Client” interchangeably) and Movement Remedies, LLC, a fitness studio offering Pilates-based training services, (“Movement Remedies”), as of the date of purchase of services.

PURCHASING AND PAYMENT SUMMARY:

PURCHASING + PAYMENT: Clients may purchase private sessions and group classes - individually, as a package, or as a Membership as defined below- through the Acuity scheduling tool available at the website https://movementremedies.as.me/ (the “Website”). Upon initial use, all Clients will be prompted to create an account to view and manage bookings and purchases. For more information regarding the Website, hosting platform, and credit card storage, please see below.

Private sessions and group classes are billed in-full at the time of purchase, and, if applicable, monthly if on membership. Clients must have existing session, class credit, or a Membership in their account to reserve a session or class. The reservation process and payment processing details are further described in the below section, “Reserving Sessions.”

All purchases are non-refundable and non-transferable; for cancellation of Memberships - please see below. Furthermore, purchasing and attending a session or class from Movement Remedies, You agree to the terms of this Agreement, and those in the Liability Waiver.

EXPIRATION: Except in the case of special offers that come with a limited time period for package duration, all private sessions packages and class packages expire twelve (12) months from the time of purchase. There are no extensions, transfers, refunds, or freezes for purchases or expired classes. Clients may not apply the value of outstanding (expired) packages toward other services. You are responsible for noting package expiration date; Movement Remedies will not send reminders or follow-up.

PACKAGE PURCHASES: By purchasing a package of private sessions of group classes with Movement Remedies Client agrees to the following terms: (1) Packages cannot be shared between clients without the express written consent from Movement Remedies; (2) Specially priced, expiring packages may not be extended, transferred, refunded, shared, or frozen. (see above for package expirations); (3) Movement Remedies staff will not adjust or extend special packages due to accidental bookings or the acts or omissions of Client; (4) the expiration date set on an expiring package is the date on which the classes in the package may no longer be used; (5) Client purchases expiring packages doing so with the understanding of these terms and agrees to be bound by such.

MEMBERSHIP: Client may elect to purchase a membership that allows them 4- or 8- sessions a month (the “Membership”), every month. In such instances, Client are required to maintain current credit card billing information in their account on the Website, and such account will be autobilled the same day each month as their initial sign-up date, and each subsequent month, until they choose to cancel their membership.

Session Rollover: By enrolling in a Membership, Client understands and agrees that the contracted sessions for each month are to be used during the monthly billing cycle only and do not ‘roll over’ into the following month if unused. If there are outstanding or unused sessions at the end of the billing cycle, Client agrees that they lose the session credits, and start over each new billing cycle.

Autobill: ​​By enrolling in an auto-debit contract via a monthly Membership, Client authorizes Movement Remedies to, on a recurring basis, automatically charge the debit or credit card account specified, for the auto-debit plan associated with their account, on the billing due date. Client understands and acknowledge that (1) Movement Remedies 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. Movement Remedies 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) if Client is booked for a session past the subsequent billing date, and their debit/credit card fails to bill properly, that they may be removed from any sessions past the subsequent billing date and notified via electronic mail; (3) it is Client’s responsibility to keep a current card on file with accurate billing information. Movement Remedies cannot be held responsible for errors in processing due to expired or inaccurate information.

Membership Cancellation: In the event that Client would like to cancel their Membership, they must provide Moment Remedies with written notice via electronic mail, no less than ten (10) days prior to the due date of their next billing cycle. Failure to provide timely notice will result in a charge for the full amount of their next billing payment. The cancellation then will take effect the subsequent month.

For example, if Client’s billing payment is due the first of the month, Client must provide written notice no later than ten (10) business days prior to the 1st of the next month, or the 20th of that calendar month. If Client fails to provide notice by the 20th, they will be billed on the 1st of the month following month for the full amount, and their contract will be canceled on the 1st of the subsequent month.

If, at the time of receipt of Client’s cancellation notice, Client has outstanding payments owed to Movement Remedies, such as late cancellation fees or outstanding monthly payments, these payments must be made in full in order for the Membership to be considered canceled. In the event that Client fails to pay outstanding amounts owed, Client’s Membership will be considered suspended, the Membership will not be canceled until such payments are made; Movement Remedies reserves the right to pursue additional avenues or means to receive monies owed.

BOOKING AND CANCELLATION POLICIES

RESERVING SESSIONS AND CLASSES: You are solely responsible for the booking and canceling of your sessions and classes. You may schedule private sessions and group classes on the Movement Remedies Website. From there, You must log into your account, and either have an existing private session or group class credit in your account, or purchase a private session or group class 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.

Acuity provides You the option to store your credit card information in your account. As all reservations for private sessions and group classes are booked through Acuity (either the Website or application), You may choose to add this information to your account for ease of transaction; otherwise, You will be asked to re-enter payment information at each checkout.

CANCELLATIONS: All private sessions and group classes may be canceled without penalty by canceling up to: 24-hours prior to the start time of either your private sessions or group class. This may be done online only via 1) the Website, or 2) via the confirmation email sent at the time of booking.

If the cancellation is made within the cancellation window prior to Your session or class, it will be considered a ‘late cancel’ and the session/class credit will be forfeited, and/or You will be charged the full amount. If You do not show up to the scheduled session or class it will be considered a ‘no show’ and You will forfeit the session/class credit. If You are on a Membership, You will forfeit the session/class credit.

Cancellations via texting, Facebook messenger, Instagram, and other social media platforms are not valid forms of cancellation, and You will be charged if the booked session is not properly canceled outside the cancellation window.

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

LATE ARRIVALS: You are expected to arrive at your private session or group class on-time, with the required equipment, and ready to begin your workout. Accordingly, if You arrive late to your scheduled private session or group class, it is within the discretion of the instructor whether to proceed with the session or allow You to enter class. However, if You are more than 5-minutes late to a group class, You will not be admitted to class and Your tardiness will be considered a “no-show,” forfeiting your class credit.

In the instance that the instructor does proceed with the private session, the private 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 will be forfeited from Your account.

CREDIT CARDS ON FILE: Clients may elect to keep a credit card on file in their Acuity account online for (1) ease of transaction and/or (2) incidental charges related to the services provided by Movement Remedies. Client MUST keep a credit card on file if they are on a Membership. By placing a card on file, the cardholder and account holder gives permission to Movement Remedies to charge the card through their account for any session, class and/or cancellation/no-show fees accrued in accordance with the Movement Remedies cancellation policy detailed above. For reference Acuity processes payment through its own internal payment processor, but clients will likely see the charges as from ‘Movement Remedies’’ on their credit card statement.

HOSTING PLATFORM: The Website is hosted via an integration with Acuity, which is responsible for all login/account information and payment transactions. In the event of technical issues, Movement Remedies refers You to Acuity for support as Movement Remedies does not have access to account details other than session and class sign-ups. For more information on Acuity’s Terms of Service or Privacy Policy regarding the collection and storage or your account information, including your credit card information, Movement Remedies encourages you to visit their website.

STUDIO POLICIES

EQUIPMENT: You may choose to bring your own equipment to your private session or group class – grip socks, reformer straps and/or loops, and fitness mat – as determined by the workout format, but You are not required to. Your instructor, or a representative of Movement Remedies, will inform You if certain equipment is required for Your private session or group class.

CLEANING: All Clients are expected to respect the equipment and props used during their session and/class. You are also asked to thoroughly clean your equipment after your session/class with the provided cleaning supplies, reset the machines, and leave the space as You would like to find it.

NO CHEWING GUM: Clients are not to chew gum while in the studio, especially during their workout; it is disruptive to others and can interfere with the instructor’s teaching.

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

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/class.

CONDUCT/DAMAGES: Movement Remedies is committed to the physical and mental health, safety, and welfare of each of its clients and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Clients who do not observe Movement Remedies’s rules and regulations or who abuse equipment, will be asked to immediately leave and will not receive a refund for their private session and/or group class. Client shall pay for any damages to Movement Remedies property which results from the willful or negligent conduct of them.

Movement Remedies is committed to providing an environment that is free from disrespectful and offensive behavior and that is a safe space for all our staff, clients and guests, regardless of any other characteristics protected by law. Accordingly, behavior such as, but not limited to: harassment, discussion of weight loss methods, food restriction, disparaging comments about oneself and/or others, and/or discriminatory behavior amongst employees, contractors, clients or guests will not be tolerated. Movement Remedies 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.

MISCELLANEOUS

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 Movement Remedies immediately of any change in medical condition, including pregnancy, as soon as reasonably possible.

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

PHOTO/VIDEO RELEASE: You grant Movement Remedies, its representatives, employees, or agents the right to take photographs and video footage of You and your property while engaging with Movement Remedies, and to use and publish these photos or videos in print and/or electronically. You agree that Movement Remedies 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.

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

ACKNOWLEDGMENT OF RECEIPT AND UNDERSTANDING

By making a purchase, I hereby agree that I shall abide by all the terms, conditions and policies embodied within this Client Agreement.