Freeman Pilates, LLC
Fitness Services Agreement

This Fitness Services Agreement (the “Agreement”) is entered into and accepted by the undersigned client (“you,” “your,” or the “Member”) of Freeman Pilates, LLC (“Freeman Pilates”) on the date set forth below. In consideration of the services provided by Freeman Pilates, you agree to execute and abide by this Agreement and its terms. You understand that you will not be allowed to use the facilities or attend classes at Freeman Pilates until you have executed and complied with the terms of this Agreement. All clients are strongly encouraged to have a complete physical examination by a qualified physician prior to beginning any work out program or strenuous new activity. You are strongly advised to consult a qualified physician before beginning to use any services provided by Freeman Pilates, especially if you have a history of heart disease or other conditions that could be affected by exercise.

RULES AND REGULATIONS

You agree that all matters affecting or relating to members are under the complete control of Freeman Pilates. Your membership with Freeman Pilates grants you certain rights and privileges to make use of the services and facilities offered by Freeman Pilates upon the conditions set forth by Freeman Pilates. Freeman Pilates, in its sole discretion, may terminate your membership or the membership of any other member at any time for failure to comply with any of the rules and regulations adopted by Freeman Pilates from time to time, or for any behavior or conduct which Freeman Pilates determines to be improper or contrary to the interests of Freeman Pilates, other members, or the general good. You will comply with the rules and regulations, which may be amended at any time, of Freeman Pilates including but not limited to:

Access to and use of Facilities: You will only access the facility during the posted business hours, unless you are given express, written, permission from the management of Freeman Pilates. If you are unfamiliar with any of the equipment, you have an affirmative duty to seek out Freeman Pilates staff before using said equipment.

Classes and Instructors: You acknowledge that Freeman Pilates’ staff and instructors are not medical professionals and do not provide diagnostic services, and that you are not entitled to rely on their statements as medical advice. You agree to seek professional medical attention from a medical doctor should you have an injury or concern about your health. You further agree to be courteous and respectful to instructors and other members.

Late Cancelation Fees: Once you schedule a class date and time with Freeman Pilates, all appointment cancelations must be made at least twenty-four (24) hours prior to the scheduled appointment in order to avoid the charge for the scheduled appointment. Any appointments canceled within twenty-four (24) hours of the scheduled
appointment will be charged at a rate of fifty percent (50%) of the cost of the scheduled appointment. Any appointments where the Member fails to arrive for a scheduled appointment and does not call to cancel prior to the scheduled appointment, will be charged at a rate of one hundred percent (100%) of the cost of the scheduled appointment.

No Weapons: Weapons of any kind (as determined in the sole discretion of Freeman Pilates), including, but not limited to firearms and knives, are strictly prohibited from Freeman Pilates at any and all times for any and all reasons.

REFERRALS

From time to time Freeman Pilates, its officers, instructors, or representatives, may make referrals to providers of various other services. Such a referral does not constitute an endorsement or a representation of competency of any such provider or their methods. All Members are encouraged to conduct their own research and make their decisions regarding other practitioners. Referrals may be made as part of a referral agreement, for a referral fee, for nonmonetary consideration, or for no consideration at all.

MEDIA RELEASE

You hereby authorize Freeman Pilates to photograph, take motion pictures, video footage and/or make electronic sound recordings (collectively referred to as photographic and electronic reproductions) during your sessions or appointments with Freeman Pilates. You further authorize Freeman Pilates to use any such photographic and electronic reproductions of Member for any purpose, including, but not limited to public media and marketing purposes.

ASSUMPTION OF RISK

Assumption of Risk and Waiver of Liability Relating to Coronavirus/COVID-19

I ______________________________, hereby enter into this Agreement on _____, 2020.

In consideration of obtaining Pilates services from Clayton Pilates Studio LLC (“Business”) and its employees and Independent Contractors who work there (“Service Providers”), (and in addition to paying for services), I agree as follows.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. St. Louis County has now allowed fitness studios to reopen with various restrictions.
Business and Services Provider have put in place preventative measures to reduce the spread of COVID-19: however, the Business and Service Providers cannot guarantee that I will not become infected with COVID-19. Further, attending the Business and receiving fitness services could increase my risk of contracting COVID-19.
By signing the Agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to, or infected by, COVID-19 by obtaining Pilates services and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Business may result from the actions, omissions, or negligence of me or others.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to me, including, but not limited to, personal injury, disability, and death. I hereby release and hold harmless the Business and Service Providers, their agents, insurers and representatives, from any claims, including all damages, costs or expenses of any kind arising out of or relating to exposure to COVID-19.
This agreement shall be in effect from the date listed above, and for all future dates on which I received Pilates services at the Business, until canceled by me in writing.

Signature

Assumption of Risk and Waiver of Liability for Studio
You understand that your use of equipment or services at Freeman Pilates, and your participation in Freeman Pilates’ programs, represents an inherent risk of injury whether caused by you or another person. This risk includes but is not limited to:
Injuries arising from the use of any of Freeman Pilates premises or equipment, including any accidental or “slip and fall” injuries;
Injuries arising from participation in supervised or unsupervised activities and programs within Freeman Pilates or outside Freeman Pilates’s location, to the extent Freeman Pilates has sponsored or endorsed such activities.
Injuries or medical disorders resulting from exercise at Freeman Pilates, including, but not limited to heart attacks, strokes, asthma attacks, allergies, heart stress, sprains, broken bones, and torn muscles or ligaments; and
Injuries resulting from actions taken or decisions made regarding medical or survival procedures.

YOU UNDERSTAND AND VOLUNTARILY ACCEPT THESE RISKS. You agree to specifically assume all risk of injury, whether physical or mental, as well as all risk of loss, theft, or damage of personal property for you, or any person, while you or such persons are present at Freeman Pilates, using any lockers, equipment, or services at Freeman Pilates or participating in Freeman Pilates’ programs, whether such programs take place inside or outside of Freeman Pilates’ facilities.

MISCELLANEOUS

This Agreement shall be governed by and its provisions construed and enforced in accordance with the laws of the State of Missouri, as applied to contracts between Missouri residents, without regard to that state’s conflicts of laws rules and provisions. Parties agree that any dispute, claim, or litigation arising out of or relating in any way to this Agreement shall be subject to the exclusive jurisdiction of the federal, state, and municipal courts located in St. Louis City, Missouri. The parties herby irrevocably waive any objection to jurisdiction and venue or any action instated hereunder and shall not assert any defense based on lack of jurisdiction or venue based upon forum non conveniens. The parties agree to submit to the in personam jurisdiction of such courts. In the event of a dispute between the parties, Freeman Pilates shall be entitled to reimbursement for all Freeman Pilates’ costs arising from such dispute, including but not limited to court costs and attorney’s fees.

RELEASE OF LIABILITY

You hereby waive any and all claims or actions that may rise against Freeman Pilates, LLC its affiliates, subsidiaries, successors or assigns (collectively the “Released Parties”) as well as each party's owners, directors, employees, contractors, lessors, or volunteers as a result of such injury, loss, theft or damage to any such person, including, and without limitation, personal, bodily or mental injury, economic loss or any damage to me, my spouse, my children, or guests resulting from the negligence or gross negligence of the Released Parties or anyone using Freeman Pilates’ facilities. I agree to defend, indemnify and hold the Released Parties harmless against any claims arising out of the negligent or willful acts or omissions of me, any person that is a part of my membership, or any guest under this membership.

I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS ABOVE, INCLUDING, BUT NOT LIMITED TO, THE ASSUMPTION OF RISK AND RELEASE OF LIABILITY, AND I HAVE RECEIVED A COMPLETE COPY OF THIS FITNESS SERVICES AGREEMENT.

________________________________________ ____________________
(Member’s Signature) (Date)