This Contract for Services (Contract) is made by and between the undersigned client (Client) and Pilates and More, LLC (Company) and entered into on the day, month and year noted on the signature line of the last page.  The company provides a space for and instruction of a variety of exercise programs and activities including, but not limited to, Pilates, yoga, Barre, and boot camp classes. Client desires to purchase exercise programs and activities offered by the Company.   By signing this Contract, Client agrees to all the terms and covenants outlined herein.

MEDICAL/HEALTH CONDITIONS OF CLIENT: Client represents that he/she is in good physical condition and has no medical reason or impairment that might prevent him/her from engaging in the services to be provided by the Company.  If a Client has any health or medical concerns now or after purchasing services he/she should discuss such concerns with his/her doctor before engaging in services provided by the Company.  If Client has any condition that may impair him/her from engaging in the services to be provided by Company, Client agrees to consult with their personal physician and obtain clearance to engage in the activities and exercise programs provided by Company.  Clients are responsible for complying with any restrictions prescribed by their personal physician. The company's fitness staff will not be responsible for monitoring the client's compliance with any recommendations given by their physician. 

FACILITY CONDITIONS: Client assumes the risk of all dangerous conditions in and around the premises of the facility or space where exercise programs and activities are offered and waives any and all specific notice of the existence of such conditions.  

RISK OF INJURY: Client desires to engage in the exercise programs and activities offered by Company with full knowledge of the possibility that physical injuries could result and that Client assumes the risk of any such injury including permanent disability and death.

REQUIRED DOCUMENTS: The parties recognize that Company will not be able to and will not provide its exercise programs and activities to Client without the execution of this Contract and the Company’s client profile form.

PERSONAL PROPERTY: Client understands and agrees that the Company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises, including, but not limited to, a vehicle or its contents or any property left within the Company’s facility. 

COMPANY/FACILITY RULES: Client agrees to comply with the following rules imposed by Company regarding the use of the facilities and equipment and class scheduling: 

• Reservations are required for all reformer classes.
• Cancellation of reservation must be done 24 hours in advance or the client will be charged for the class.  
• Clients should not wear jewelry during the exercise activities. 
• Class packages expire 3 or 6 months from purchase. 
• Client agrees to conduct himself/herself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

PHOTOGRAPHS/VIDEO: Client understands that the company may occasionally be taking photographs/videos during exercise sessions. The photos/videos are property of the Company and no compensation will be given if the photos/videos are used for promotional purposes. If Client does not want their picture/video taken, Client understands it is their responsibility to let the photographer/videographer know. 

AGE REQUIREMENTS: Client affirms that he/she is over eighteen years of age, a legally emancipated minor or has obtained parental/guardian consent.

WAIVER AND RELEASE OF LIABILITY: Client, in consideration for their voluntary participation in the exercise programs and activities offered by Company, expressly agrees and contracts, on behalf of himself/herself, his/her heirs, executors, administrators, successors and assigns, that Company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by Client, or Client’s guest in, on, or about the premises, or as a result of the use of the equipment, facilities or Company services, regardless of whether such injuries result, in whole or in part, from the negligence of Company.  Client accepts and assumes full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to himself/herself or Client’s guest, and Client hereby fully and forever release and discharge Company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment, facilities and Company services.  Client expressly agrees to indemnify and hold Company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by Client or any guest that might accompany Client.  Client waives all claims for damage or loss to person or property which may be caused by any act, or failure to act, of Company, as well as its instructors, staff, landlord, and their officers, agents or employees.

ENTIRE AGREEMENT: This Contract contains the entire understanding and agreement of the parties relating to the subject matter contained herein and supersedes all prior written or oral and all contemporaneous oral agreements and understandings relating to the subject matter hereof.  This Contract cannot be modified or amended except in writing signed by the party against which or whom enforcement is sought.  If a court declares any part of this Contract invalid it will not invalidate the remaining parts, which continue unaffected.  If Company does not enforce any right in this Contract for any reason, Company does not waive its right to enforce it at a later time. 

GOVERNING LAW: This Contract shall be governed by, and construed and interpreted in accordance with, the substantive laws of the State of Florida, without giving effect to any conflict-of-laws rule or principle that might result in the application of the laws of another jurisdiction.

LIMITATION OF LIABILITY:  Unless controlling legal authority requires otherwise, any award by the arbitrator or a court is limited to actual compensatory damages.  Specifically, neither an arbitrator nor a court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages.

WAIVER OF JURY TRIAL: Each party hereby irrevocably waives its rights to trial by jury in any action or proceeding arising out of this agreement or the transaction relating to its subject matter.

COST OF SERVICES AND CLASS PACKAGES:

Group Classes:

1 Class: $15 per class

5 Class package: $60 ($12 per class) expires 3 months

10 Class package: $110 ($13 per class) expires 3 months

20 Class package: $200 ($ 10 per class) expires 6 months

Reformer Classes:

1 Class: $30 per class

5 Class package: $125 ($25 per class) expires 3 months

10 Class package: $230 ($23 per class) expires 3 months

20 Class package: $400 ($ 20 per class) expires 6 months

Private Sessions:

Private: $60

Duet session: $ 45 per person

Pilates and More Memberships

Group Memberships:

• 2 Group Classes per week : Includes: Barre, Mat or Barre/ Mat express for $112 a month (8 classes a month)
• 3 Group Classes per week: Includes: Barre, Mat or Barre/ Mat express for $168 a month (12 classes a month)

Reformer Memberships:

• 2 Reformer Classes per week: Includes any Reformer class for $160 (8 classes a month)
• 3 Reformer Classes per week: Includes any Reformer class for $240 (12 classes a month)

Mindful Movement Membership:

• Enjoy 1 class per day of your choosing,either Reformer or group classes for $285

** If classes are not used that month, they do not roll over to the next month**

** ALL memberships are on a 6 month Auto pay**

PILATES FOR KIDS AND PILATES REFORMER FOR KIDS CLASSES:

Pilates for Kids: $65 for 8 week program, or $10 drop in rate.

Pilates Reformer for Kids: $160 for 8 week program, or $25 drop in rate.

TERMS AND CONDITIONS FOR CLASS PACKAGES: Company offers packages of classes for sale in advance of the classes.  For purposes of this section, package contract refers to the agreement of Client to purchase a specified number of future classes that Company offers at a discounted rate when paid for in advance.  

If Client purchases a package of classes the following terms and conditions apply:

        ** All 5 and 10 class packages expire 3 months and all 20 class packages expire 6 months from purchasing date**

• Client is entitled to the penalty-free cancellation of this package contract penalty-free within 3 days, exclusive of holidays and weekends, of the package contract’s making, upon the mailing or delivery of a written notice to Company at the address provided on this Contract.  Upon such notice a refund shall be issued of all moneys paid under the package contract, except that the Company may retain an amount computed by dividing the number of complete days in the package contract term or, if appropriate, the number of occasions Company services are to be rendered into the total package contract price and multiplying the result by the number of complete days that have passed since the making of the package contract or, if appropriate, by the number of occasions that Company services have been rendered.  A refund shall be issued within 30 days after receipt of the notice of cancellation.
• Client is entitled to the cancellation and refund of the package contract if the Company’s business location (same as mailing address listed on this Contract) goes out of business, or moves its facilities more than 5 driving miles and fails to provide, within 30 days, a facility of equal quality located within 5 driving miles at no additional cost to the Client.
• Notice of intent to cancel by Client shall be given in writing to Company. The notice of cancellation from Client terminates automatically Client’s obligation to any entity to whom Company has subrogated or assigned Client’s Contract.  If the Company wishes to enforce the Contract after receipt of the notice, it may request the Department of Agriculture and Consumer Services of the State of Florida (Department) to determine the sufficiency of the notice.
• If the Department determines that a refund is due to Client, the refund shall be an amount computed by dividing the package contract price by the number of weeks in the package contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of a health studio may not be deemed out of business when temporarily closed for repair and renovation of the premises: (a) upon sale, for not more than 14 consecutive days; or (b) during ownership, for not more than 7 consecutive days and not more than two periods of 7 consecutive days in any calendar year.  A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.
• In the event that the Company goes out of business, Client is advised to contact the Department or Agriculture and Consumer Services for information within 60 days.
• This package contract shall be canceled if the Client dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the package contract until the time of disability, with refund of funds paid or accepted in payment of the package contract in an amount computed by dividing the package contract price by the number of weeks in the package contract term and multiplying the result by the number of weeks remaining in the package contract term. The package contract may require a buyer or the buyer’s estate seeking relief under this paragraph to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer is established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under chapter 458, chapter 459, chapter 460, or chapter 461 of the Florida Statutes to the extent the diagnosis or treatment of the disability is within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.
• Company does not currently offer monthly subscriptions, however, if Company were to offer monthly subscriptions for services the initial contract for those services shall not exceed 36 months and thereafter shall only be renewable annually and renewal contracts will not be executed and the fee therefore paid until 60 days or less before the preceding contract expires.
• Company does not currently require Client to furnish identification upon entry to the facility or as a condition of using the services of Company, however, if the Company does require such identification in the future the Company will provide the Client with the means of such identification.

CLIENT HAS READ THE FOREGOING AND VOLUNTARILY EXECUTED THIS CONTRACT WITH FULL KNOWLEDGE OF ITS CONTENT.

The parties have executed this Contract as indicated below by their signatures.

Please complete this section ONLY if you are a parent or guardian signing for a minor. Otherwise, skip to the end and submit this form.

The undersigned is a parent or legal guardian of the minor Client herein, and on his/her behalf agrees to all the conditions set forth herein.