VIDA SANA - CLIENT AGREEMENT
This Client Agreement (“Agreement”) is between Vida Sana Studio LLC, a fitness studio offering training rooted in the Pilates method (“Vida Sana”), and you the undersigned (“Client” or “You”, interchangeably) as of the date of signing below.
I. BOOKING AND CANCELLATION POLICIES
RESERVING SESSIONS: You are solely responsible for the booking and canceling of your sessions and classes. To purchase and reserve a private and/or semi-private (duet) session, You may coordinate directly with your instructor of choice.
You may reserve classes via the Vida Sana website: www.VidaSanaStudio.com (“Website”) which is integrated with the third-party booking platform Wellness Living. Clients must either have an existing class credit or package in their account or purchase a class or package to secure the reservation. Class reservations are not considered reserved until paid in full, at which point an email receipt confirming the same will be sent to You.
If all classes are fully booked, joining the waitlist allows you to be placed in the queue for the next available spot. When you join the waitlist, you are selecting that you want to attend the class should it become available again. The waitlist will automatically add you into the class until 3 hours before class begins. If you cannot make your waitlist reservation any longer, you must remove yourself from the waitlist.
All class reservations are created in Wellness Living, You may wish to create an account in Wellness Living and store your credit card information in the account to expedite future bookings. If You have any questions about how Wellness Living stores your personally identifiable information, please refer to their Privacy Policy.
For further information regarding purchasing, please see “Purchasing Summary” below.
CANCELLATIONS: All sessions and group class reservations may be canceled without penalty by canceling up to 12 hours prior to the scheduled start time.
If the cancellation is made within the 12-hour window prior to your session or class, or if You do not show up to the scheduled session or class, it will be considered a ‘late cancel’ and the credit will be forfeited, and/or You will be charged the full amount of the session or class. For those with an unlimited Membership, a $20 late-cancel fee will be assessed. If You do not show up to the scheduled session or class, it will be considered a ‘no show’ and You will forfeit the session/class credit.
Cancellation of private and semi-private sessions (duets) must be done directly with your instructor.
Cancellation of group class reservations may be done (1) online in your Wellness Living account, or (2) via the confirmation email sent at the time of booking.
Cancellations via Facebook messenger, Instagram, or other social media are not valid, and You will be charged if the booked session is not properly canceled prior to the 12-hour window.
In the event of an emergency, Vida Sana reserves the right to move any Client’s session or class to another mutually agreeable time. In this rare instance, You will not be charged for the changed session or class, and your session or class will be promptly rescheduled.
LATE ARRIVALS: You are expected to arrive at your session and/or class on time, with the necessary equipment, and ready to begin your workout. Accordingly, if You arrive late to your scheduled session, it is within the discretion of the instructor whether to proceed with the session; if You arrive late to a group class, it is within the discretion of the instructor to let You into class. In the instance that the instructor does proceed with the session, the session time will not be extended due to Your tardiness and will end at the scheduled time.
In the event that You are so late that it is not feasible to train, at the sole discretion of the Vida Sana instructor, Your tardiness will be considered a “no-show” and the session fee or class credit will be forfeited from Your account.
II. PURCHASING and PAYMENT SUMMARY
INTRODUCTORY OFFER: Vida Sana offers new clients an ‘Introductory Offer.’ This offer is not available to clients with an existing Vida Sana account or those who have previously attended sessions at Vida Sana. The Introductory Offer has a specific expiration date, from the date of purchase, with no exceptions; it is also non-transferable, non-refundable, and cannot be shared.
PAYMENT SUMMARY: Group classes are available for purchase via various options, the monthly fee of which is either billed in-full either monthly, or at the time of purchase. Private lessons may be purchased individually or in packages. All private sessions must be prepaid, and packages must be paid in full at the time of purchase. Notwithstanding applicable state laws, all purchases are non-refundable and non-transferable.
PURCHASING SUMMARY, MEMBERSHIP OPTIONS: Clients may purchase group classes: (1) individually, (2) in a 5-pack, (3) in a 4- 8- or unlimited number of classes per month on a month-to-month basis, with no minimum commitment or (4) in a 4- 8- or unlimited number of classes per month, in a 12-month commitment. (options (3) and (4) shall collectively be the “Memberships”).
Group classes purchased individually or in a 5-pack in a one-time, nonrecurring purchase. Those Memberships (month-to-month or 12-month commitment) are purchased on a monthly, recurring basis (until cancellation per the terms of this Agreement) and are billed on the same date each month as the original sign-up.
CREDIT CARD ON FILE: Clients may elect to keep a credit card on file in their Wellness Living account online. By placing a card on file, the cardholder and account holder gives permission to the Vida Sana staff to charge the card for (1) any auto-debit packages, (2) monthly membership as described below, and/or (3) any cancellation fees (if applicable) accrued in accordance with the Vida Sana cancellation policy detailed herein.
AUTO-DEBIT FOR RECURRING MEMBERSHIPS/PURCHASES: By enrolling in an auto-debit contract, You authorize Vida Sana to, regularly, automatically charge the debit or credit card You specified in your Account, for the monthly payments on your auto-debit plan associated with your Account, on the billing due date which is the same calendar date as your original sign-up/purchase. You understand and acknowledge that (1) Vida Sana will initiate transfers/charges according to this authorization not to exceed the amount shown on the Client Agreement and/or in connection with cancellation fees per the cancellation policy. Vida Sana may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) if You are booked for a session past the subsequent billing date, and your debit/credit card fails to bill properly, that You will be removed from any sessions past the subsequent billing date and notified via electronic mail; (3) if You are removed from a session due to the circumstances as described, it may not be possible to place You back into the session for which You were originally booked and that You will not be given any priority; (4) it is your responsibility to keep a current card on file with accurate billing information. Vida Sana cannot be held responsible for errors in processing due to expired or inaccurate information, and (5) until You terminate the Membership per the terms of this Agreement You will continue to be charged.
PACKAGE EXPIRATION: Packages expire 6 months from the date of purchase unless noted otherwise in the description at the time of purchase. There are no extensions, refunds, or freezes for purchases or expired sessions. You are responsible for noting the package expiration date; Vida Sana will not send reminders or follow-ups.
PACKAGE PURCHASES: By purchasing a package or private sessions and/or classes with Vida Sana You agree that: (1) Packages are not shared or transferable between members, unless expressly agreed upon by Vida Sana ownership in writing; (2) Specially priced, expiring packages may not be extended, transferred, refunded, shared, or frozen. (see above for package expirations); (3) Vida Sana will not adjust or extend special packages due to accidental bookings or the acts or omissions of clients. The expiration date set on an expiring package is the date on which the sessions in the package may no longer be used, and (4) Clients purchasing packages do so with the express understanding of these terms and agree to be bound by such.
III. MEMBERSHIP TERMS
NO-ROLLOVER: Each Membership grants You a certain number of, or unlimited, sessions each month. The sessions are to be used on a regular cadence week-over-week and do not roll over monthly if they are unused. They are offered on a ‘use-it-or-lose-it’ basis.
Accordingly, if You need to reschedule in accordance with the Cancellation Policies below, You are encouraged to do so as early as possible to secure an alternate time.
If You wish to purchase additional sessions each month to supplement your Membership, You may do so at a reduced rate.
FREEZE POLICY: You may ‘freeze’ your membership once per year, for a minimum of one month. All freeze requests must be made via writing in an email at least 5 business days prior to the date of requested freeze. Emails shall be directed to Hello@VidaSanaStudio.com and must include: (1) the date membership is to be frozen; and (2) the date to unfreeze Membership, so long as it is only one month from the freeze date. A $50 administrative fee will be assessed in relation to all freezes. You understand that your Membership will automatically be unfrozen, and You will be charged on the date provided. If You request to extend the length of your freeze, it is within The Body Lab’s sole discretion to allow for the extension.
CANCELLATION OF AGREEMENT BY CLIENT: You, the Client may cancel this Client Agreement at any time, notwithstanding any associated fees or penalties. If, at the time of receipt of your cancellation notice, You have outstanding payments owed to Vida Sana, these payments must be made in full for the Client Agreement to be considered canceled. If Client fails to pay outstanding amounts owed, their membership will be considered suspended, the Client Agreement will not be canceled, and Vida Sana reserves the right to pursue additional avenues or means to receive monies owed.
This Agreement may be canceled upon receipt of written notice via electronic mail (email) in the event of (1) the death or disability of Client, and Client is unable to receive all of Vida Sana’s services which the Client has contracted. Client, or the client’s estate, shall be relieved from the obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability); and (2) Client moves further than twenty-five (25) miles from Vida Sana. Client shall provide proof of new residence.
MEMBERSHIP CANCELLATION:
Month-to-Month: For those clients on a month-to-month Membership who wish to cancel - You must provide Vida Sana with a written notice via electronic mail, no less than thirty (30) days prior to the due date of your next billing payment, OR You may cancel directly through your Account any time before the subsequent billing cycle. Failure to provide timely notice will result in a charge for the full amount of the next billing payment, and the cancellation will take effect the subsequent month.
For example, if the billing payment is due the first day of the month, Client must provide written notice no later than thirty (30) business days prior to that date OR cancel in their Account no later than the day before the 1st of the month. If Client fails to do so, they will be billed on the first day of the month for the full amount, and their contract will be canceled as of the date of the subsequent billing payment due date.
Annual Membership: Clients on an annual Membership are responsible for the total annual value of their Membership. You are welcome to terminate your Membership, however your financial obligations remain. By entering an annual Membership, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Policy and voluntarily consent to it.
Should You attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not. You will remain contractually responsible for payment of the Membership in full.
IV. STUDIO POLICIES
WORKOUT ATTIRE, GRIP SOCKS REQUIRED: All clients are asked to wear workout gear to the session and classes. No jeans or attire with metal accessories or large zippers are allowed on the equipment.
For your safety, and to protect the integrity of the equipment, ALL clients are required to wear grip socks during their session or class. You must provide your owner, and if You forget socks You may purchase a pair at the studio.
NO GUESTS OR PETS: In consideration of their safety, and the health and safety of all clients, no non-participating visitors or children will be allowed inside the studio. As it is violative of local, state, and federal health codes and laws, pets are not allowed in the studio.
NO CELL PHONE POLICY: During all sessions and classes, cell phones should be on silent and stored away from the workout area. If You anticipate needing to receive or make a call, please notify the instructor at the start of your session, and take the call outside.
CLEANING: All Clients are expected to respect the equipment and props used during their session and/or class. You are also asked to thoroughly clean your equipment after your session/class with the provided cleaning supplies, reset the machines, and leave the space as You would like to find it.
CONDUCT/DAMAGES: Vida Sana is committed to the health, safety, and welfare of each of its clients and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Clients who do not observe Vida Sana’s rules and regulations, or who abuse equipment in any fashion will be asked to leave immediately.
Vida Sana is committed to providing an environment that is free from disrespectful and offensive behavior and that is a safe space for all our staff, clients, and guests, regardless of gender, race, or any other characteristics protected by law. Accordingly, harassment and discriminatory behavior amongst employees, contractors, clients, or guests will not be tolerated. Vida Sana 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.
The offending client shall pay for any damages to Vida Sana property that result from the willful or negligent conduct of said client, their guest, or their dependent child. Not all rules and regulations are listed in this Agreement. Vida Sana reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Vida Sana.
V. MISCELLANEOUS
LIMITATION OF LIABILITY: You understand and agree that in order to participate in any session, class, workshop, or activity at Vida Sana You must agree to the terms of the Liability Waiver prior to your participation.
MEDICAL RELEASE AND CONSENT TO TREATMENT: You acknowledge that You should consult with a physician prior to beginning any exercise program and that You are not aware of any medical condition that would render You unfit to participate in a session. You will notify your Vida Sana instructor immediately of any change in medical condition, including pregnancy, as soon as reasonably possible.
If in the subjective opinion of Vida Sana, You would be at physical risk participating in Vida Sana Sessions You understand and agree that You may be denied access to the session or until You furnish Vida Sana with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Vida Sana’ concerns and stating that Vida Sana’ concerns are unfounded.
You agree that if you experience any symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, You will immediately stop exercising and inform a representative of Vida Sana of your symptoms.
PHOTO/VIDEO RELEASE: You hereby grant Vida Sana, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Vida Sana and to use and publish these photos or videos in print and/or electronically. You agree that Vida Sana may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising, and web content.
INTELLECTUAL PROPERTY DISCLOSURE: You understand that You may be the intended recipient of a virtual and/or pre-recorded digital session and/or educational video content from Vida Sana and that any material, video, or otherwise, You receive or have access to in relation to your training is for your use only. You will not upload any videos or materials provided by Vida Sana to any online forum such as a personal website, YouTube, or social media. You also agree to not video any part of Vida Sana’s material without express written consent and to not share, copy, video, summarize, share, or reproduce in any way the materials received as they are protected under the United States Copyright Laws, including the Copyright Act of 1976.
EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from Vida Sana related to private sessions and group classes, the studio, and your participation therein. By entering into this Agreement You give Vida Sana permission to email You, at the email address on file, regarding the same.
STATE OF CALIFORNIA HEALTH CLUB DISCLOSURES: You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the fifth business day of the health studio after the date of this Agreement, excluding Sundays and holidays. To cancel the Agreement mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via email from an email address on file with the studio or delivered in person to Angelique Velazquez at Hello@VidaSanaStudio.com
Name: ________________________________ Signature: _____________________________
Date: ______________________________________
Name and signature of parent/guardian if participant is under 18 years of age:
____________________________________________________________________________
Emergency Contact Information:
Name: ________________________________ Relationship: ___________________________
Phone Number: ______________________________________