Please read the terms below. By clicking "Book Now", you agree to the terms outlined below:
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It is your responsibility to inform us of any pre‐existing conditions, limitations, or specific sensitivities. Our services to you are not a replacement for medical care, should not be construed as a substitute for medical examination, diagnosis, or treatment, that no medical diagnosis will be made, and that you should seek advice from a medical provider for any medical issues you may have. If you do experience discomfort or pain or are uncomfortable for any reason during a service, you agree to immediately ask the therapist to adjust the manipulation, pressure, heat or environment (or, if you prefer, you can ask the therapist to end the service at any time). If you have any concerns about your therapist, you agree to bring it to our attention immediately following your service. Inappropriate or illegal conduct will not be tolerated in any manner. We may, in our sole discretion, refuse or discontinue a service if we determine such service may be unsafe or cause discomfort for you or if you engage in any inappropriate conduct as determined by us in our sole discretion.
We reserve the right to suspend or terminate your membership, deny renewal, or re‐enrollment for an indeterminate amount of time for any reason not prohibited by law or if The Stretch Barre permanently ceases to operate. If we terminate, cancel or suspend this Agreement due to your breach, you will remain liable for, and we may immediately charge your credit card on file or by any other lawful method for the total of any Monthly Dues that would have been payable to us during the remaining term of this Agreement as well as any other amounts you may owe us. Existing memberships cannot be combined or merged into a Shared Membership. Service credits accrued each month under a Shared Membership is available for use by either of the members designated on the Shared Membership. The two members designated on a Shared Membership may not be changed. We are not responsible for lost or stolen items.
We will use our best efforts to process all of your payments properly, however, we shall incur no liability if we are unable to completely process any of your payments because of the existence of any one or more of the following circumstances: (a) your payment account does not contain enough funds to complete the transaction; (b) the transaction would exceed the credit limit of your credit card; (c) your payment account or credit card does not otherwise permit the transaction to be executed; (d) you have not provided us with the correct account information to process your payment accurately; or (e) circumstances beyond our control, such as but not limited to fire, flood, acts of war, terrorism or the other interference from an outside force, prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
This Agreement constitutes the entire agreement between you and us. Except as expressly provided to us herein, this Agreement cannot be amended except in writing executed by both parties. If any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law. Any notice required to be sent to you by us will be sent to you at either your email address on file with us or to your last physical address known to us. Any notice that you send to us must be sent to us at our street address or email address at the top of this Agreement.
We may delay enforcing any of our rights without losing them. We can enforce this Agreement against your heirs and legal representatives. We may assign or transfer this Agreement or any of our rights under this Agreement without notice to you, except as otherwise required by law. Your rights or obligations under this Agreement cannot be assigned, gifted or transferred by you to anyone else without our prior written consent.
ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, & INDEMINIFICATION
In exchange for us rendering services to you, you understand, acknowledge, agree and hereby voluntarily accept all risk and responsibility associated with the services provided and use of any of the facilities at The Stretch Barre location. You hereby waive all claims, assume all liability, and release, hold harmless, indemnify, and agree to defend us (including our affiliates, agents, and employees), TSB, TSB’s affiliates, andfrom liability for any injury, claim, cause of action, suit, demand, and damages (including without limitation, personal, bodily, or mental injury, property damage, economic loss, consequential damages, and punitive damages, arising from or related to (1) your failure to disclose any pre‐existing conditions, limitations, or sensitivities; (2) your failure to inform your therapist of discomfort or pain during or at the end of the service; (3) your presence on the premises of The Stretch Barre location; and /or (4) any negligence on our part (including our employees). You further expressly agree that this Assumption of Risk, Release, Waiver of Liability, and Indemnification is intended to be as broad and inclusive as permitted by law and that if any portion of it is held invalid, the balance shall be valid and continue in full legal force and effect. These provisions are binding on your estate, family heirs, administrators, personal representatives, and assigns.
YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THE PROVISIONS CONTAINED WITHIN THESE TERMS AND CONDITIONS, HAVE HAD ADEQUATE TIME TO REVIEW SUCH PROVISIONS, ACKNOWLEDGE AND AGREE THAT YOUR CONSENT TO THESE PROVISIONS IS GIVEN IN EXCHANGE FOR US RENDERING SERVICES, AND AGREE THAT THESE PROVISIONS APPLY AT EACH VISIT TO THE STRETCH BARRE LOCATION. YOU ACKNOWLEDGE AND AGREE THAT NEITHER TSB NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR (i) ANY OBLIGATIONS OR LIABILITIES RELATING TO OR ARISING FROM YOUR MEMBERSHIP; (ii) ANY CLAIM BASED ON, IN RESPECT OF, OR BY REASON OF THE RELATIONSHIP BETWEEN YOU AND US; OR (iii) ANY CLAIM BASED UPON ANY ALLEGED UNLAWFUL ACT OR OMISSION BY US.