ROOTED PILATES Policies are posted online. All individuals must abide by ROOTED PILATES Policies and failure to do so may result in removal or exclusion from ROOTED PILATES facilities. ROOTED PILATES reserves the right to update the Policies from time to time in its discretion.
All individuals must agree to the terms & conditions, in addition to this Agreement before participating in any classes or actives at ROOTED PILATES facilities. By signing this waiver, individual acknowledges and affirms they have read, understood, and agree to abide by all studio policies.
All individuals must sign up for classes in advance using the Rooted Pilates app or website booking platform. You must cancel at least 12 hours prior to the start of class to avoid being charged for the class. If you cancel less than 12 hours before the class, you will be charged a $15 cancellation fee and lose a class credit. If you do not cancel your reservation and do not attend class, you will be charged a no-show fee of $20 and lose a class credit. Individuals who book through ClassPass are subject to ClassPass’s cancellation policies. These policies may differ from the studio and it is the responsibility of the individual to review and comply with the ClassPass cancellation policy. ROOTED PILATES is not liable for any fees, penalties or issues arising out of cancellations or scheduling changes made through the ClassPass platform.
If any individual arrives more than 5 minutes late to their scheduled class the door to the studio will be locked for the remainder of class. This policy helps ensure a safe and uninterrupted experience for all clients, as the opening minutes of class are an important part of the warm-up. Late arrivals can also be disruptive to the class environment.
By providing your phone number and email address and signing this Agreement, you consent to and authorized ROOTED PILATES to call you, send you text messages, or email you at the contact information provided regarding class reminders, waitlist information, account balances, and with information regarding promotions and advertising. You acknowledge that standard message and data rates apply. You may opt-out of communications at any time.
ROOTED PILATES may photograph, audio or video record, or otherwise record classes. If you do not want to be featured, please contact the front desk at hello@rootedpilatespd.com and we will make note on your account to opt you out of any photography or recording.
Your class packages are non-transferable, non-refundable, and not to be shared with other members or guests.
ROOTED PILATES is not responsible for any lost or stolen items. Personal property or valuables left in the studio are at your own risk and is never under the care of a studio team member or instructor.
Grip socks are required in the studio at all time for safety and sanitary purposes. If you do not have socks you will be required to purchase them from the studio. Please advise your instructor prior to class if you do not have socks.
LIABILITY WAIVER, RELEASE, AND ASSUMPTION OF RISK
The individual whose electronic signature appears below (referred to as "I," "me," or the "Participant") desires to participate in pilates classes, private and group pilates instruction, and related exercise activities, and to use the studio, reformers, apparatus, equipment, and facilities (collectively, the "Activity") provided by rooted pilates LLC, a California limited liability company, with offices located at 74152 Highway 111, Palm Desert, CA 92260 (the "Company" or "Rooted"). In consideration of being permitted by the Company to participate in the Activity, and in recognition of the Company's reliance hereon, I agree, on behalf of myself, my heirs, and my personal representatives, to all the terms and conditions set forth in this instrument (this "Release"). I understand that I am required to review and electronically sign this Release before my first class and before my registration is complete.
ASSUMPTION OF RISK. I AM AWARE AND UNDERSTAND THAT PILATES AND THE ACTIVITY ARE PHYSICALLY DEMANDING AND POTENTIALLY DANGEROUS AND INVOLVE THE INHERENT RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO: MUSCLE STRAINS, SPRAINS, PULLS, AND TEARS; SORENESS AND FATIGUE; BACK, NECK, JOINT, AND SPINAL INJURY; SLIPS, TRIPS, AND FALLS; INJURY FROM THE USE OR MALFUNCTION OF REFORMERS, SPRINGS, STRAPS, CARRIAGES, AND OTHER APPARATUS OR EQUIPMENT; OVEREXERTION; CARDIOVASCULAR OR RESPIRATORY EVENTS; AND THE AGGRAVATION OF ANY PRE-EXISTING CONDITION OR INJURY. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT INSTRUCTION, SUPERVISION, OR EMERGENCY RESPONSE. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
MEDICAL CLEARANCE, DISCLOSURE, AND PHYSICAL CONDITION. I understand that I should consult a physician before beginning any new exercise program, and I acknowledge that the Company has advised me to do so. I represent and warrant that I am physically fit and capable of participating in the Activity, and that I am not aware of any medical condition, disability, injury, illness, or impairment that would prevent my safe participation or make my participation inadvisable. I acknowledge that I have disclosed to the Company any and all medical conditions, disabilities, injuries, illnesses, pregnancies, and other health-related limitations that are or may be relevant to my participation, and I agree to promptly inform the Company of any change in my physical condition. I understand that the Company's instructors are not medical professionals, that no medical advice is provided, and that I participate in reliance on my own judgment and, where appropriate, that of my physician.
RELEASE AND WAIVER OF LIABILITY. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its owners, members, managers, officers, instructors, employees, agents, affiliates, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that California law does not permit to be released by agreement.
WAIVER OF UNKNOWN CLAIMS (CIVIL CODE § 1542). I understand that by signing this release, I am waiving any and all claims, of any kind arising out of or attributable to my participation in the Activity, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
CONSENT TO EMERGENCY MEDICAL TREATMENT. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company and all other Releasees from any claim based on such treatment or other medical services.
ELECTRONIC SIGNATURE AND CONSENT TO TRANSACT ELECTRONICALLY. I agree to sign this Release electronically and to conduct this transaction by electronic means. I understand and agree that checking the "I agree" box, typing my name, and/or clicking to submit or accept this Release constitutes my electronic signature and has the same force and effect as a handwritten signature, and that this Release is a legally binding agreement enforceable against me. I acknowledge that the Company may record the date, time, and other data (such as my IP address) associated with my electronic signature as evidence of my acceptance. I confirm that I have the ability to access, review, download, and print or save a copy of this Release, and I acknowledge that I have been given the opportunity to do so.
ENTIRE AGREEMENT; SEVERABILITY; GOVERNING LAW. This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Release is intended to be as broad and inclusive as permitted by the laws of the State of California. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Riverside County, California, and I hereby consent to the exclusive jurisdiction of such courts.
ELECTRONIC SIGNATURE
BY ELECTRONICALLY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO REVIEW THIS RELEASE AND, IF I WISH, TO CONSULT WITH AN ATTORNEY. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, OR I AM SIGNING AS THE PARENT OR LEGAL GUARDIAN OF A MINOR PARTICIPANT AS PROVIDED BELOW.