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Liability waiver
DISCLAIMER OF LIABILITY: Illuminate Sweat urges all members to obtain a physical examination from their physicians prior to initiating any exercise program. Illuminate Sweat training programs are not designed for individuals with known heart disease with or without functional impairment. In recognition of the possible dangers connected with any physical activity, member(s) hereby knowingly and voluntarily waive(s) any cause of action of any kind whatsoever arising as the result of such activity from which any liability may or could accrue to Illuminate Sweat, its officers, agents, employees, instructors or assigns and agree to hold Illuminate Sweat harmless there from. MEMBER AGREES AND UNDERSTANDS THAT THE PROGRAM(S) SELECTED WITH THIS AGREEMENT INVOLVED RISK OF INJURY. MEMBER IS CHOOSING TO PARTICIPATE VOLUNTARILY IN SPITE OF THE RISK. MEMBER ASSUMED RISK OF INJURY, WAIVE ALL NEGLIGENT CLAIMS THAT ARE RELATED IN ANY WAY TO THE PROGRAM(S) SELECTED AS A PART OF ILLUMINATE SWEAT, EQUIPMENT FAILURE, MALFUNCTIONS, OR DEFECTS. Always consult a physician prior to beginning any exercise or diet program. In no way should the information provided by Illuminate Sweat be considered medical advice, and at all times the advice of a medical professional should supersede recommendations from Illuminate Sweat. Illuminate Sweat assumes no responsibility for the improper use of, and self-diagnosis using, the information conveyed as part of its nutritional coaching or training programs. The information contained in the nutritional coaching or training programs is provided for informational purposes only and is not meant to act as a substitute for the advice provided by your own physician, or other medical professional. Only you and your doctor can determine what is healthy, right or safe for you. Clients who fail to consult their physician(s) prior to starting a diet or exercise program expressly assume the risk of any adverse effects. None of the information provided by Illuminate Sweat is intended to be a treatment protocol for any disease or medical condition, but rather is offered to provide information, choices and suggestions regarding nutritional, diet and training support. The prior results reported are not in any way guaranteed and may not occur in all individuals. Illuminate Sweat provides its services on an “as is” basis and makes no representations or warranties of any kind with respect to its information, website, promotional materials, articles, blog posts, videos, nutritional coaching or any other information conveyed. By participating in Illuminate Sweat programs and nutrition, I attest and confirm that I am in good health and will consult my own physician or health care provider about the applicability of any opinions or suggestions with respect to your own symptoms or medical conditions, if they exist. Illuminate Sweat shall not be liable for damages arising out of or in connection with the use of its services. These services are not intended to diagnose, treat, cure or prevent any disease. Use of the nutritional and/or exercise information provided by Illuminate Sweat is at the sole choice and risk of the client. Illuminate Sweat is not responsible, nor liable, for any harm or injury resulting from the use of the information provided by Illuminate Sweat. Always consult your doctor before making any changes to your exercise, diet or nutrition program. If you choose not to obtain the consultation, advice and consent of your physician while using any information provided by Illuminate Sweat, you are agreeing to accept full responsibility for your actions. Illuminate Sweat is committed to the privacy of its clients and all of their personal information, data and images. I have read and fully understand the need for me to consult with my own medical practitioners prior to beginning this or any new program. Further I release and indemnify Illuminate Sweat from any and all claims arising out of my use of Illuminate Sweat services.
 
Photo Release Clause: Illuminate Sweat LLC has my permission to use my photograph, video, images publicly to promote their business. I understand that the images may be used in such avenues but not limited to: print publications, online publications, presentations, websites, YouTube or any other media sharing platforms, Zoom or other conference call websites, media recordings, and any social media in whatever manner is useful for lawful purpose. I also understand that no royalty, payment fee or other compensation or consideration shall become payable to me by reason of such use at any time, now or indefinitely. I also understand that when on a zoom or other conference call, I may turn off my own video camera at anytime if I do not want to participate in a livestream workout and/or I may access on-demand content through other platforms offered by Illuminate Sweat. Online Member Clause: By creating an account with Illuminate Sweat and/or participating in any online workouts created by Illuminate Sweat, I agree to 1. Follow Directions 2. I will not do any type of movement or activity that I believe will hurt myself. By participating in Illuminate Sweat Online workouts via portal, facebook, youtube, website, zoom, or any other online method, I acknowledge, agree, and understand that these activities are not done under any supervision by Illuminate Sweat and I release and indemnify Illuminate Sweat from any and all claims arising out of my use of Illuminate Sweat Services. Furthermore, by participating in the activities of Illuminate Sweat, I attest and confirm that I am in good health, with no symptoms or injuries, and am able to participate in the Illuminate Sweat Fitness and nutrition programs.
 
CANCELLABILITY AND TRANSFERABILITY: This membership is not negotiable, transferable, or cancelable except as otherwise provided herein. Notice of intent to cancel by the buyer shall be given in writing, within 30 calendar days before next payment, to Illuminate Sweat. Member may cancel at any time and for any reason. Such a notice of cancellation from the consumer 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 such showing, it may request the department to determine the sufficiency of the showing. You, the buyer, may cancel this agreement penalty-free 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 retain an amount computed by dividing the number of occasions health studio was used 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 the health studio services have been rendered. A refund shall be issued within 30 days after the receipt of the notice of cancellation made within the 3-day provision.
 
BUYER’S RIGHTS:
a. Death or Disability: Cancellation of the contract may occur if the member dies of becomes physically unable to avail him/herself of substantial portion of those services which (s)he 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 remaining the contract term. Illuminate Sweat may require a buyer or the buyer’s estate seeking relief under this paragraph to 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 provided the diagnosis or treatment is within the physician’s scope of practice.
b. Permanent Relocation: Should member(s) permanently move their residence more than 10 miles from Illuminate Sweat’s main location, payment on this agreement will be suspended upon acceptable written verification (cancellation request form) of the move is received by Illuminate Sweat Withstanding not a cancellation under this clause, the member shall remain liable for all installment payments prior to the date of move.
c. The member may cancel the contract if Illuminate Sweat goes out of business and fails to provide equal quality facilities within 30 days at no additional cost within 5 driving miles of, or if its facilities move more than 5 driving miles from [STUDIO ADDRESS] upon written notice by the Member. If the State Department determines that a refund is due the buyer, refund of this contract shall be an amount computed by dividing the total 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:
1. Upon Sale, for not more than 14 days
2. During ownership, for not more than 7 consecutive days and not more than 2 periods of 7 consecutive days in any calendar year.
The member should contact the State Department of Agriculture and Consumer Services within 60 days if Illuminate Sweat goes out of business.
d. Any notice of intent to cancel by the buyer shall be given in writing to Illuminate Sweat. Such a notice of cancellation from the consumer shall also terminate automatically the consumer's obligation to any entity to whom Illuminate Sweat has subrogated or assigned the consumer's contract. If Illuminate Sweat wishes to enforce such contract after receipt of such showing, it may request the department to determine the sufficiency of the showing.
e. If Illuminate Sweat 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 shall provide the buyer with the means of such identification.
Freeze Policy: A member has the option to freeze their membership for 30 days. 6 month unlimited contracts or greater may suspend their account up to 2 x per year.
 
1. SEVERABILITY: If any part of this contract shall be held invalid, that part shall be deemed excluded from this contract and the remainder of the contract shall remain in full force and effect.
2. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
3. JURISDICTION: To the full extent permissible by law, for purposes of any dispute arising out of this agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the State of Texas and to the application of Texas law. Any action hereunder shall be brought in [COUNTY], Texas. A condition precedent to any suit or action arising from any dispute between the parties shall be mediation pursuant to Texas Statute.
4. ENTIRE AGREEMENT: The Member and Illuminate Sweat acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except in written form executed by both parties.
5. CANCELLABILITY AND TRANSFERABILITY: This membership is not negotiable, transferable, or cancelable except as otherwise provided herein. Notice of intent to cancel by the buyer shall be given in writing, within 30 calendar days before next payment, to Illuminate Sweat. Member may cancel at any time and for any reason. Such a notice of cancellation from the consumer 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 such showing, it may request the department to determine the sufficiency of the showing. You, the buyer, may cancel this agreement penalty-free 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 retain an amount computed by dividing the number of occasions health studio was used 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 the health studio services have been rendered. A refund shall be issued within 30 days after the receipt of the notice of cancellation made within the 3-day provision.
6. EARLY TERMINATION: If membership is cancelled prior to end of contract, member agrees to pay 50% of remaining contract balance.

Sessions allotted within each month must be used before end of month or they expire. Sessions do not rollover to next month.
Please note your membership and/or package may be subject to sales tax per your state law. Additional session and late cancel/no-show rates may vary by location. All sessions pre-purchased as a package or individually, if not used, expire one year after their purchase.
DROP IN CLASS- Member agrees to submit an active credit card on file to reserve spot when booking a class. Member understands and agrees that credit card will be charged $25.00 if member no shows and does not cancel reservation.
I hereby authorize Illuminate Sweat LLC to charge my credit on file in lieu of presenting it for any services, retail items, packages or memberships upon my request.
3 Hour Class Cancellation Policy:
Illuminate Sweat enforces a strict 3 hour class cancellation policy. If you have reserved your place in an Illuminate Sweat Class and fail to cancel 3 hours in advance you will be charged $10 and/or forfeit a session for the class.
Late Arrival Policy:
Illuminate Sweat enforces a strict Late Arrival Policy. If you are more than 5 minutes late for your class you may lose your spot and may incur a Late Cancel Charge and/or forfeit a class session. You must be on time to class to properly stretch and warm-up prior to engaging in a class. No entry into class after 10 mins.
Dress Code Policy:
Illuminate Sweat wants you to come to class fully prepared for strenuous activity: enclosed running shoes, athletic shorts/pants, athletic t-shirt, towel and water bottle. We reserve the right to refuse your entrance into the studio if you are not properly attired.

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