WAIVER & RELEASE AGREEMENT
I, the Client, am aware that I am engaging in Physical Exercise and that the use of training equipment and instruction could cause injury to me. I am voluntarily participating in these activities and assume all risk of injury that might result from them. I understand that all reasonable efforts will be made to ensure my physical safety. I understand that the equipment and exercises can be dangerous if used/done improperly and I will follow the strict instructions given with the respect to all of the equipment uses. I understand that I may experience muscle fatigue and soreness after I begin any new fitness program or intensify an existing one. As I progress, these minor discomforts should decrease. However, if these symptoms persist, I am advised to consult a physician. I agree to waive any claims and right I might otherwise have to make a suit against Sweat Den and its agents. I further agree to indemnify and hold harmless Sweat Den and its agents.
By agreeing to these Terms, enrolling online, and/or attending classes, events, activities, and other Sweat Den programs, whether online or in a Sweat Den facility, and/or by using the Services, you hereby acknowledge and agree:
(a) there are certain inherent risks and dangers in the strenuous nature of the Sweat Den workout program;
(b) you have voluntarily chosen to participate in an intense physical exercise program;
(c) you understand that Sweat Den strongly recommends that you consult with a licensed physician prior to commencing any classes;
(d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death;
(e) no physician or general practitioner has ever informed you that you have a heart condition and/or that you should not partake in the type of physical activities inherent in our classes;
(f) you have no ailment or injury that could be aggravated or made worse by taking part in our Services;
(g) you do not know of any reason why you should not, or that it would be harmful to your health to, take part in our classes or Services; and
(h) if you are pregnant, you agree that:
(i) You will inform your instructor; and
(ii) you have consulted a physician or general practitioner that has approved your use of the relevant services.
If you are taking part in our classes or related Services from your home, or any other location that is not a Sweat Den studio, through Services such as Sweat Den On Demand, we cannot guarantee the adequacy or safety of any of the equipment you use, the location or your surroundings. Please take the upmost care to protect your safety while utilizing our Services in this way and only use equipment in the way it was intended to be used.
YOU ASSUME ALL RISK FOR YOUR HEALTH AND WELL-BEING, AND FULLY RELEASE AND HOLD HARMLESS FOR ANY RESPONSIBILITY, COST OR DAMAGES SWEAT DEN AND ITS ENTITIES, ITS INSTRUCTORS, MEMBERS AND EMPLOYEES FOR ANY INJURY, HARM OR LOSS YOU MAY SUFFER, INCLUDING DEATH, AS A RESULT OF PARTICIPATION IN ANY SWEAT DEN ACTIVITIES OR SERVICES. You must sign and agree to these Terms before you take part in our classes. If you are enrolling a minor (an individual who is not the age of majority in their jurisdiction of residence) of at least 18 years of age in our classes, the above release applies equally to said minor.
PHOTO, VIDEO & AUDIO RECORDING CONSENT
You acknowledge and agree that Sweat Den classes, events, and activities may be photographed, audio-recorded, or video-recorded by Sweat Den or its agents. These recordings may include your image, likeness, voice, name, and/or physical movements.
You hereby grant Sweat Den the irrevocable right and permission to record, use, reproduce, distribute, display, and create derivative works from such recordings, in whole or in part, for any lawful business purpose, including but not limited to providing digital fitness content through the Sweat Den Strength Training App, Sweat Den On Demand, training materials, marketing, advertising, and promotional use, in any format now known or later developed, without compensation or further approval.
You understand and agree that all recordings are the sole property of Sweat Den and that you have no ownership interest or right to inspect or approve the finished product or its use.
You release and hold harmless Sweat Den and its owners, employees, instructors, contractors, and agents from any and all claims, demands, or causes of action arising out of or related to the use of such recordings, including but not limited to claims for invasion of privacy, right of publicity, or defamation.
If you do not wish to be recorded, it is your responsibility to notify Sweat Den staff prior to participating in a class that may be filmed. Sweat Den will make reasonable efforts to accommodate such requests but cannot guarantee exclusion from all recordings.
I have read this consent and release, understand the meaning of its contents, and sign it voluntarily.
MONTHLY IN PERSON MEMBERSHIPS AND CREDIT PACKAGES
Membership contracts are billed on a monthly (30 day) recurring basis. All studio memberships have a 2-month minimum commitment. To cancel your membership, you must email [email protected] at least 15 days before the renewal date. Memberships begin and renew on the date of purchase. Standard credit packages expire 1 year from purchase date. The New Client Starter pack expires 14 days after purchase.
CANCELLATION POLICY
You must cancel your reservation at least 12 hours prior to the class start time in order to return the credit to your account with no penalty. Late cancellations with less than 12 hours notice will be assessed a $10 charge to your card and/or a loss of credit. You can cancel your reservation at any point via the website, scheduling app, or by emailing [email protected].
MINIMUM AGE REQUIREMENT
You must be 18 years or older to workout at Sweat Den. Both in-studio or our online service.
NO-SHOW POLICY
If you do not show up for a class that you booked and do not cancel yourself beforehand (via app/website), this is considered a “no-show.” You will lose the credit and be charged a $20 no show fee.
WAITLIST
Joining the waitlist is like signing up for class. One valid credit in your account is needed. As spots become available, they will be automatically allocated to those on the waitlist on a first come, first served basis up to 30 minutes before the start of class. If you are allocated a spot through the waitlist, you will be notified by email and via sms (if opted in).
Please make sure to cancel your place on the waitlist if you no longer wish to attend class. You can do this at any point – without penalty – via the website or app, unless you have already been added to class. Once you are assigned a spot, the normal cancellation policy is in effect.
In the 30 minute window prior to the start of class, the automated transactional SMS messaging system will alert waitlist participants when a spot opens up. This will automatically send SMS alerts to waitlisted customers when a spot becomes available on a first come first serve basis.
The message includes a link to reserve the class spot. This link takes customers to our studio’s website to complete the booking. If you are not already logged in on your browser, you will be prompted to log in first.
Once logged in, you can reserve the spot, which moves you from the waitlist to the class roster. You don’t need to remove yourself from the waitlist first.
The reservation will automatically use the same credit or membership that was used to join the waitlist.
If the spot has already been filled, customers will be informed that the spot is no longer available when they click the link.
The waitlist quickfill SMS will continue to send updates for every spot that becomes available.
LATE ENTRY
We allow a 5-minute grace period for Returning Clients only if you’ve given a heads up No entry is allowed after 5 minutes for safety and to preserve the class experience. Class credits will be returned if you’re turned away. For your safety and to prevent injuries, we require that you are present for the mobility and warm up portion of the class.
If you are running late, please email the studio and your spot will be held for up to 5 minutes after the official start of class. After 5 minutes, your spot will be released and you will be unable to participate in class.
Spots will be released at the official start of class to waitlisted clients who are in the studio or those on standby.
- NEW CLIENTS: If it is your first time at Sweat Den please arrive at least 10 minutes early to ensure that you can have the full experience. We will not hold mats for first time clients past the official start of class.
- RETURNING CLIENTS
Please arrive and check in at least 3 minutes early. At class start time, your spot may be given to a waitlisted or walk-in guest if you haven’t arrived or contacted us.
NO CELL PHONES
No electronics will be allowed in the studio room. If you choose to wear a smart watch, please make sure the display is turned off as to not disturb other clients. We appreciate your understanding in supporting an enviroment of focus, free from distractions.
MEMBERSHIP FREEZE POLICY
Medical freezes will be allowed with doctor documentation that outlines recovery time for a period no greater than 6 months. You can also freeze a membership if you are pregnant, for the duration of your pregnancy. Email [email protected] when you are ready to come back to class postpartum. During a freeze period, future reservations cannot be booked. Please email [email protected] to inquire about additional details.
RETURN, REFUNDS, AND TRANSFERS
We do NOT offer refunds or extensions on purchases for our services or products beyond our statutory rights. This includes class credits, memberships, subscriptions, workshops, events, and merchandise. As applicable, classes and membership packages are non-refundable. No exceptions. Unused apparel will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued for up to 30 days. No returns will be provided without a receipt. All class credits, memberships, and workshops are non-transferable and must be used by the original purchasing client.
CASHLESS
We only accept credit & debit cards. We ask that all clients update their online account with a valid credit card.
DIGITAL MEMBERSHIP REFUND POLICY
ALL SALES ARE FINAL. We do not offer refunds on any Sweat Den subscription-based or digital products at this time
