CLIENT AGREEMENT

This Client Agreement (the “Agreement”) is between You, the user and client, and Body & Sound by Adrienne Fleming, LLC (“Adrienne Fleming”).

STUDIO POLICIES

Classes must be cancelled at least 12-hours prior to the start of the class time; classes not cancelled by the 12-hr window will be considered a ‘late-cancel’ and You’ll lose the class credit. 

Clients are required to bring their own 3-lb hand weights. Athletic shoes are required for all dance cardio classes. 

The waitlist is available to all clients in the event a class is full; the waitlist automatically pulls clients, based on availability, up to 2-hours prior to class start time. Please keep your eyes on your email notifications if You are on the waitlist. 

I.           PURCHASING INFORMATION:

1.1 PACKAGE EXPIRATION: Packages are an allotment of classes to be redeemed in a given time frame, and expire from the date of purchase. Remaining credits at the expiration of the package will be forfeited and will not roll-over or be converted into Adrienne Fleming credit. 

1.2 PACKAGE POLICIES: By purchasing a package of classes with Adrienne Fleming You agree that: (1) Packages are not shared or transferable between individuals, unless expressly agreed upon by Adrienne Fleming’ ownership in writing; (2) expiring packages may not be extended, transferred, refunded, shared, or frozen; and (3) Adrienne Fleming will not adjust or extend packages due to accidental bookings or the acts or omissions of clients. 

1.3 REFUND POLICY: 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.

1.4 CHARGEBACK POLICY: Unless otherwise provided by law, You acknowledge that Adrienne Fleming does not offer refunds for any portion of your payment for any of the services at any time. 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.

1.5 PAYMENT PROCESSOR: Payments made are processed by the third-party payment processor Stripe, within platform host MarianaTek. You may be required 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. If an incidental or additional charge is required while at the Studio, the cardholder gives permission to Adrienne Fleming to charge the card on file. 

1.6 ACCOUNT: Upon your first purchase with Adrienne Fleming You will be prompted to create an account (the “Account”) via MarianaTek. Your Account is protected by a password and where You will purchase and book services, and securely store credit card information.

II.       RESERVATIONS AND CANCELLATION POLICIES

2.1 RESERVATIONS: All class reservations are done through your Account online. Requests via email, social media, or text message are not guaranteed.

2.2 CANCELLATIONS, RESCHEDULING, LATE-CANCEL POLICY: Classes must be cancelled at least 12-hours prior to the start of the class time. Cancellations and reschedules may be done online only via (1) your Account, or (2) the confirmation email sent at the time of booking. There are no refunds on cancelled classes; your Account will be credited back. 

Cancellations made inside of the 12-hour window prior to the class will be considered a ‘late-cancel’ and the credit will be forfeited.

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 class is not properly canceled outside the cancellation window.

 In the event of an emergency on their part, Adrienne Fleming reserves the right to move your class to another mutually agreeable time, or to cancel it outright. In this rare instance that Adrienne Fleming must do so, You will not be charged for the changed class, and Your credit will be promptly rescheduled.

2.3 WAITLIST: If a scheduled class is booked to capacity, You may place yourself on the “Waitlist.” If You add yourself to a Waitlist, You will be automatically pulled into class IF a spot becomes available.

You are solely responsible for managing your reservation, including removing yourself if You are no longer able to attend. Clients will automatically be pulled from the Waitlist into class up to 2-hour prior to the class start time. If You are pulled off the Wailist into the class during the late-cancel window and need to cancel, You will forfeit your class credit. Please check email notifications if You are on the Waitlist. 

III.       STUDIO POLICIES

3.1 STUDIO GUESTS: Unattended pets are not permitted in the studio.

3.2  WORKOUT EQUIPMENT, WORKOUT ATTIRE, GRIP SOCKS: You are asked to bring your own set of 3-lb hand weights to class and You will be provided shared ankle weights. Please be mindful not to mistakenly take the ankle weights home with You. 

All clients are asked to wear athletic attire to the classes. For your safety, all clients must wear athletic shoes to Dance Cardio classes. In the event You do not have shoes for the Dance Cardio class, Your class credit will be returned so You may come back to another class. 

3.3 INSTRUCTOR SCHEDULING: Instructors are subject to change, and classes are subject to cancellation at studio discretion. When possible, an email will be sent communicating the change in the schedule. Subject to any opt-out, You consent to receive notices from Adrienne Fleming pertaining to a class which You are registered for. Adrienne Fleming is not responsible if You do not read the notices.

3.4 CODE OF CONDUCT: Adrienne Fleming 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 Adrienne Fleming, will not be tolerated. Adrienne Fleming 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.

3.5 CONTENT RELEASE: You grant Adrienne Fleming, 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 Adrienne Fleming and/or participating in a Service with Adrienne Fleming, 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 Adrienne Fleming, You, on behalf of yourself, heirs, representatives, executors, and assigns, irrevocably grant Adrienne Fleming 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 Adrienne Fleming 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.

3.6 SECURITY CAMERA: Adrienne Fleming utilizes video surveillance cameras within the studio for the safety and wellbeing of all members, guests, and trainers. In compliance with state laws, cameras are located in common areas where there is no reasonable expectation of privacy, and records video and audio. While the camera’s main purpose is to provide an added level of security, ownership may from time-to-time observe club happenings and events via the camera stream. 

IV.         PERSONAL RESPONSIBILITY, DISCLAIMER & RELEASE OF CLAIMS

4.1 LIABILITY WAIVER: In consideration of your participation with Adrienne Fleming services, You agree to the terms of the Liability Waiver: Agreement to Participate and Assumption of Risk. If You do not agree to the terms, You may not participate in a class. 

4.2 PRENATAL, PREGNANT, POSTPARTUM DISCLAIMER: You acknowledge and agree that participation in any exercise program, while pregnant or immediately following a pregnancy, may increase the risk of injury to yourself, and if applicable, your unborn child. You confirm that You have consulted with your doctor, midwife, or other healthcare provider, regarding your participation in an exercise regimen and the risks that You may encounter; they have given You permission to participate in a Service.

 You understand and agree that the intensity of your participation in an exercise program, and the exercises performed, must be determined by You, in consultation with your healthcare provider. Even during any workout series tailored to pregnancy or postpartum, Adrienne Fleming is not responsible for the intensity or scale or your participation. You agree to discontinue exercises immediately should your medical condition change  (ex: pain, bleeding, discharge, cramps) and speak with your healthcare provider immediately before resuming any exercise.

In participating in any service with Adrienne Fleming pregnant or immediately following a pregnancy, whether knowing or not, You assume all associated risks to yourself, and if applicable, your unborn child and release Adrienne Fleming per the terms of this Agreement and section.

V.       TERMS OF SERVICE: 

5.1 GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this Agreement is governed by the Laws of the State of Connecticut, United States, and You hereby consent to the exclusive jurisdiction and venue of courts in Connecticut, United States. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Connecticut, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of Connecticut.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

5.2 FORCE MAJEURE: In the event that any cause beyond one’s reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for Adrienne Fleming to perform any responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, Adrienne Fleming is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill the responsibilities and obligations.

5.3 EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from Adrienne Fleming related to the services which You purchase and scheduled, the Adrienne Fleming brand, and your participation in all of the above. By entering into this Agreement, You give Adrienne Fleming permission to email You, at the email address on file, regarding the same. Consistent with our Privacy Policy and SPAM policies, we agree to only send You materials directly related to Adrienne Fleming.