ELEVÉ STUDIO

​

PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, POLICIES, AND HEALTH STUDIO SERVICES AGREEMENT

​​

​

Studio Location: 410 N Andrews Ave, Fort Lauderdale, FL 33301​

​​

This Agreement is entered into between Elevé Studio ("Studio") and the undersigned participant, or if the participant is a minor, the participant’s parent or legal guardian ("Participant").

​​​

​

1. Participation and Assumption of Risk

​

Participant understands that participation in Pilates, fitness classes, private training sessions, stretching sessions, wellness programming, and use of studio equipment and facilities involves physical activity and inherent risks. These risks may include, without limitation, muscle strains, sprains, falls, joint injuries, aggravation of pre-existing conditions, equipment-related incidents, and other minor or serious bodily injuries.

 

The participant voluntarily chooses to participate in Studio activities and knowingly and freely assumes all ordinary risks of participation, whether known or unknown, that are inherent in such activities.

 

Participant understands that no exercise, fitness, or wellness program is free from risk and that Participant is responsible for participating within Participant’s own physical limits.

​​

​

2. Health Acknowledgment

​

Participant represents that Participant is physically able to participate in Studio activities and has no medical condition that would make participation unsafe, or that Participant has consulted with an appropriate medical professional before participating.

 

Participants agree to inform Studio staff or instructors before class of any injury, medical condition, physical limitation, pregnancy, post-natal status, or other circumstance that may affect safe participation.

 

If a participant is pregnant, post-natal, or becomes pregnant, the participant acknowledges that Participant is participating only with appropriate medical approval and at Participant’s own risk.

​​

​

3. Emergency Response

​

Participants understand that the Studio may not have medical personnel, an automated external defibrillator, or specialized emergency equipment on site. In the event of illness, injury, or other emergency, Participant authorizes Studio personnel to contact emergency services and seek reasonable emergency assistance on Participant’s behalf.

 

Participants understand that the Studio is not responsible for the timeliness, quality, or outcome of emergency services provided by third parties.

​​

​

4. Release and Waiver of Liability

​

TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, PARTICIPANT HEREBY RELEASES, WAIVES, DISCHARGES, AND HOLDS HARMLESS ELEVÉ STUDIO, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, INSTRUCTORS, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, COSTS, OR EXPENSES FOR PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER LOSS ARISING OUT OF OR RELATED TO PARTICIPANT’S PARTICIPATION IN STUDIO ACTIVITIES, USE OF THE STUDIO, OR USE OF EQUIPMENT, TO THE EXTENT CAUSED BY THE ORDINARY NEGLIGENCE OF THE STUDIO OR ITS PERSONNEL.

 

THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM GROSS NEGLIGENCE, RECKLESS CONDUCT, OR INTENTIONAL MISCONDUCT TO THE EXTENT SUCH CLAIMS CANNOT LAWFULLY BE WAIVED UNDER APPLICABLE LAW.

 

Participant acknowledges that this release is intended to be broad and inclusive as permitted by Florida law.

​​

​

5. Compliance with Instructions and Studio Rules

​

Participants agree to follow all instructions, safety directions, and studio policies communicated by Studio staff and instructors. Participants understand that improper use of equipment, failure to follow instructions, disruptive behavior, or participation beyond one’s abilities may increase the risk of injury.

​

The Studio reserves the right to refuse participation, stop a session, or remove any participant from class if the Studio believes continued participation may pose a safety risk to that participant or others.

​​

​

6. Personal Property

​​

The participant is solely responsible for all personal belongings brought to the Studio. The Studio is not responsible for loss, theft, or damage to personal property except to the extent caused by the Studio’s gross negligence or intentional misconduct where such liability cannot be waived by law.

​​​

​​

7. Participant Responsibility and Limited Indemnity

​

Participant agrees to be responsible for Participant’s own actions while at the Studio. Participant further agrees to indemnify and hold harmless the Studio from claims, losses, or expenses, including reasonable attorneys’ fees, arising from Participant’s misuse of equipment, violation of Studio rules, or negligent or wrongful conduct, except to the extent caused by the Studio’s own negligence, gross negligence, or intentional misconduct.

​​​

​​

8. Photo and Video Consent

​

Participant grants the Studio permission to photograph and record Participant during classes, sessions, or while on Studio premises and to use such photographs and recordings for lawful promotional, marketing, advertising, and social media purposes without compensation.

 

If a Participant does not wish to be photographed or recorded, the Participant must notify the Studio in writing before participating.

​​​

​​

9. Kids Club Parental Consent and Release

​

If Participant is signing on behalf of a minor child using the Elevé Kids Club or other supervised child area, the undersigned parent or legal guardian acknowledges and agrees as follows:

 

The Kids Club is a supervised children’s area or play service offered as a convenience to clients attending classes or appointments. The child may participate in free play, interaction with other children, and use of age-appropriate toys and equipment, all of which carry inherent risks including minor bumps, bruises, falls, and similar injuries.

 

The parent or guardian represents that the child is in good health and fit to participate in a group childcare environment. The parent or guardian agrees to disclose any allergies, medical conditions, behavioral concerns, special needs, or other information relevant to the child’s safety.

 

The parent or guardian agrees that:

​

• children must be checked in and checked out by a parent or legal guardian;

• the parent or guardian must remain on site while the child is in the Kids Club;

• medications will not be administered unless expressly agreed in writing by the Studio;

• sick children, including children with fever or contagious illness, may not be admitted; and

• Studio staff may seek emergency medical assistance if reasonably necessary.

 

To the fullest extent permitted by Florida law, the parent or guardian releases and holds harmless the Studio, its owners, employees, instructors, and staff from claims arising out of the child’s participation in the Kids Club, except for claims arising from gross negligence, reckless conduct, or intentional misconduct to the extent such claims cannot lawfully be waived.​

​

​

10. Studio Policies

​

A. Cancellation Policy

​

The Studio requests at least 12 hours’ advance notice for cancellation of any scheduled class or session unless a different written policy is specifically stated for a particular service or promotion.

 

Cancellations made less than 12 hours before the scheduled class or session may be treated as a late cancellation and may result in a fee, forfeiture of session credit, or deduction from a package, in accordance with the Studio’s current policies.

 

B. Late Arrival and No-Show Policy

​

To preserve safety and minimize disruption:

​

• participants are expected to arrive on time;

• the Studio may deny entry after class has started or after a reasonable grace period set by the Studio;

• late arrivals are not entitled to extended time or partial refunds; and

• no-shows may be charged the full session fee or may forfeit the applicable session or class credit. No-shows for clients with unlimited memberships will result in a $20 no-show fee charged to the participant’s account or payment method on file.

​

• Repeated late arrivals or no-shows may result in restricted booking privileges.

​

C. Introductory Offers

​

Introductory classes, sessions, or promotional offers are limited to new clients unless otherwise stated by the Studio. Introductory offers are non-transferable and are subject to the Studio’s standard cancellation rules unless a different written policy applies.

​​

D. Packages, Memberships, and Prepaid Services

​​

Prepaid packages and memberships are sold for future services and, except as required by Florida law or expressly stated otherwise in writing, are non-refundable after the applicable statutory cancellation period. Missed classes resulting from no-show or late cancellation may be forfeited under the Studio’s policies.

​​

​

11. Florida Health Studio Services Contract

​​

This Agreement also serves as the Studio’s Health Studio Services Contract to the extent applicable under Florida law.

 

Elevé Studio agrees to provide Pilates and fitness-related services as described in the package, membership, class, or session selected by Participant. Charges for services shall be those set forth in the selected purchase, membership, package, or the Studio’s then-current pricing.​

​​​

​​

12. Mandatory Florida Health Studio Act Disclosures

​

1. Members are entitled to the penalty-free cancellation of this contract within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all monies paid under the contract, except that the health studio may retain an amount computed by dividing the number of complete days in the contract term, or if appropriate, the number of occasions health studio services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that health studio services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation.

​

2. Members are entitled to the cancellation and refund of the contract if the contracting business location of the health studio goes out of business or moves its facilities more than five (5) driving miles and fails to provide, within 30 days, a facility of equal quality located within five (5) driving miles at no additional cost to the buyer.

​

3. A member’s notice of his/her intent to cancel shall be given in writing to the health studio. And that such a notice of cancellation shall also terminate automatically the consumer's obligation to any entity to whom the health studio has subrogated or assigned the consumer's contract. If the health studio wishes to enforce such contract after receipt of the notice, it may request the department to determine the sufficiency of the notice. (Attention Health Studio Owner! Please Note: This applies to any notice cancellation)

​

4. That if the department determines that a refund is due the buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of a health studio shall 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 seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year.

​

A refund will be issued within 30 days after receipt of the notice of cancellation.

​

5. Members are advised to contact the Florida Department of Agriculture & Consumer Services for information within 60 days should the health studio go out of business.

​

6. The contract may be cancelled if the buyer 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 contract until the time of disability, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term.

 

The buyer or the buyer's estate seeking relief under this paragraph may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under Chapter 458, 459, 460 or Chapter 461 to the extent the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation.

​

7. The initial contract will not exceed 36 months and thereafter shall only be renewable annually.

 

Renewal contracts may not be executed and the fee therefore paid until 60 days or less before the preceding contract expires.

​

a. If this studio sells a single contract for 30 days or less, without any option or other condition which establishes any right or obligation of a member beyond the 30-day period then provision 1 should read as follows: “The initial contract will not be for a period in excess of 30 days. Renewal contracts may not be executed, and the fee therefore paid until the preceding contract expires.”

​

b. If this studio sells SESSIONS in this manner (7a) then the contract must ALSO indicate: “All sessions must be used within 30 days.”

​

8. If the health studio requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the health studio will provide the buyer with the means of such identification.

​

9. SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN ONE (1) MONTH OF THIS​ AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.

​

​​

13. Accessibility and Accommodations (ADA)

​

Elevé Studio is committed to providing an inclusive and accessible environment for all participants.

​

The Studio does not discriminate on the basis of disability and will provide reasonable accommodations in accordance with applicable federal, state, and local laws, including the Americans with Disabilities Act (ADA).

​

Participants who require accommodations, modifications, or assistance to access Studio services are encouraged to contact the Studio in advance so that reasonable accommodations may be arranged.

​

The Studio will make reasonable efforts to accommodate participants with disabilities, provided such accommodations do not fundamentally alter the nature of the services offered or create an undue burden or direct threat to the health or safety of others.

​

Not all Studio equipment, exercises, or class formats may be appropriate for every participant. Studio staff may recommend modifications or alternative exercises to promote safe participation.

​

​

14. Miscellaneous

​​

This Agreement shall be governed by the laws of the State of Florida.

​

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force to the fullest extent permitted by law.

 

This Agreement contains the entire understanding between the parties regarding the subject matter covered here and supersedes prior oral or written statements relating to that subject matter.