STUDIO MEMBERSHIP AGREEMENT

Welcome to Our Community!

The following Studio Membership Agreement (the “Agreement”) will clearly communicate our expectations in having you as part of our community. If you have any questions please let us know as we want to make sure we are all on the same page moving forward.

In exchange for membership access to Awake Bodies’ classes and studio, you agree to be bound by the following conditions.

1. Parties. This Agreement is made between Hali Fiano, LLC, a Limited Liability Company operating out of the State of Washington (“Awake Bodies,” “we,” “our,” and “us”) and you, the undersigned (electronically) or person who has clicked “I Agree” (or something similar) to this Agreement (“you” and “your”).
2. Services. We promise to provide you with access to our studio and the use of our facilities, as well as access to our regularly scheduled classes (either online or in-person) at Awake Bodies (the “Membership”), according to the terms of this Agreement, and as outlined in Schedule “A” Memberships below.
3. Term. This Agreement will be binding upon your Membership payment and will last for the time specified in Schedule “A” Memberships below, as specified online, or as agreed upon between us (the “”).
4. Termination. To terminate this Agreement, please let us know in writing or via email at least three (3) weeks prior to the desired termination date. Any Payments made will not be refunded unless as specified in the refund policy listed below. Please note that if you violate any of the terms of this Agreement, Awake Bodies may terminate this Agreement effective immediately and you will not be entitled to any refunds or any continued working relationship with Awake Bodies.
5. Our Commitment to You. Through your Membership, Awake Bodies is committed to providing you with the opportunity and support to develop and maintain a successful routine for redirecting a movement pattern, fitness growth, injury, or prenatal/postpartum well-being.
6. Code of Conduct. You agree to be mindful and respectful during the classes and duration of your Membership. This includes respecting other members of Awake Bodies in their fitness journey and taking care when using the facilities and studio space. You also agree to comply with our studio protocol, policies and guidelines, as updated from time to time on our website or posted on-site.
7. Scheduling. Please consult Awake Bodies or refer to our available schedule of classes for the exact scheduling and time of our classes.
8. Payment. You agree to pay the price, including the possibility of recurring payments (“Recurring Payment”), of the Membership as outlined below in Schedule “A” (the “Payment”). All Payments, prices and costs are in $ USD.
   1. The Payment price outlined in Schedule “A” is subject to taxes and additional fees. Any subsequent changes to the Payment price will not affect the validity of this Agreement.
   2. Payment is due upon the completed purchase of the Membership and must be made in full prior to the start of your Membership.
9. Fluctuation of Payments. You understand that we reserve the right to change our prices and that in your acceptance of these new prices and continued payment, you continue to be bound to all the terms of this Agreement. We will always provide at least 30 days notice before raising any prices and we will communicate with you to ensure you are aware of any changes.
10. Recurring Payments. If your Payment includes Recurring Payments, you authorize Awake Bodies to maintain your account information and charge that account automatically upon the renewal of the Membership or as otherwise specified, with no further action required by you.
    1. Awake Bodies will charge your method of payment as outlined in Schedule “A” for the Recurring Payment.
11. Payment Failure. In the event that your Payment fails, your Membership access will be temporarily suspended until we receive your Payment. In the event of three failed payments, you understand that Awake Bodies may contract a collection agency to collect the money from you.
12. Membership Pause. If you are unable to attend classes for more than two (2) weeks, you may request a membership pause for a maximum of one (1) month. We will hold your spot for you during your pause. The contract will then be extended by one(1) month.
13. Late Cancellation. If you cannot make a class, you need to cancel 24 hours before the class occurs to receive a class credit. If you give late notice of cancellation, you will be considered a no-show, and your class will not be rescheduled.
14. Refunds. Our refund policy is as follows: All sales are final. Memberships are non-refundable and non-transferable.
15. Legal Fees. You will be responsible for any and all legal fees incurred by Awake Bodies regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment).
16. No Guarantees. Awake Bodies cannot guarantee any particular success from participating in our classes or from our Membership. We promise to provide you with the opportunity, classes and support to achieve your goals, but any success and results ultimately depend on your commitment.
    1. Awake Bodies also cannot guarantee that all of your actions during your Membership will be supervised. This Agreement to receive a Membership and related services does not include any express or implied guarantee of supervision.
17. Studio Closure. If our studio and facilities are forced to close due to COVID-19, a natural disaster, or other unavoidable circumstances, the Membership freezes until the studio can reopen.
18. Force Majeure. Awake Bodies will not be liable for any failure or delay regarding the Membership if such failure or delay is: beyond the reasonable control of Awake Bodies, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.
19. Substitute Services. Awake Bodies has the right to substitute services. This means that if we ever need to switch to online classes or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in-person classes.
20. Waiver. Before your Membership can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.
21. COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in any of the Membership activities, you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health and ability to partake in the Membership activities, please consult with your doctor and we urge you not to visit our studios or facilities. You further agree to follow the current guidelines and comply with studio policies around COVID-19, including the use of masks or other protective gear, social distancing and hygiene practices. We are all in this together and need to remember to act responsibly and with kindness toward each other in order to ensure everyone’s safety.
22. Indemnity. You hereby fully indemnify Hali Fiano, LLC and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death, personal injuries or loss/damage to personal property. This includes the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused, including as a result of the Released Parties’ negligence.
23. Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of Washington. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Washington. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by Awake Bodies of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Counterparts. This Agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”  (or something similar), the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.

Thank you for taking the time to read this. Let’s begin!

AGREED and ACCEPTED