1. ASSUMPTION OF RISK
I understand that participation in strength training, personal training sessions, Pilates classes (mat and/or reformer/apparatus-based), group classes, use of free weights, machines, cardio equipment, and any other activity or service offered by Odd Studio (“the Facility”) involves inherent risks of physical injury. These risks include, without limitation, muscle strains, sprains, fractures, joint or back injuries, cardiovascular events (including heart attack), injuries related to springs, straps, or moving carriage components on Pilates apparatus, and, in rare cases, death.
I acknowledge that these risks exist regardless of the care taken by the Facility, its owners, employees, and independent contractor trainers to avoid injury, and I voluntarily and knowingly assume all such risks.
2. RELEASE OF LIABILITY AND WAIVER OF CLAIMS
In consideration of being permitted to use the Facility and its equipment and services, I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Odd Studio, its owners, officers, employees, agents, and independent contractor trainers (collectively, the “Releasees”) from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by me while participating in any activity at the Facility, or while on the Facility’s premises, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by California law.
This release does not apply to injury or damage caused by the gross negligence or willful misconduct of the Releasees, as such waivers are not enforceable under California law (Civil Code § 1668).
3. INDEPENDENT CONTRACTOR TRAINERS
I understand that personal trainers and Pilates instructors providing services at the Facility operate as independent contractors and are not employees of Odd Studio. I acknowledge that Odd Studio does not supervise the specific training methods, programming, or techniques used by independent trainers or instructors, and that any agreement for personal training or Pilates instruction is between myself and the individual trainer or instructor.
4. PILATES CLASSES AND EQUIPMENT
If I participate in Pilates classes, I understand that instruction may involve the use of reformers, towers, chairs, springs, resistance bands, or other specialized apparatus, and that improper use or adjustment of this equipment carries a risk of pinching, strain, or impact injury.
I understand that Pilates instructors may use hands-on corrections (physical touch to adjust posture, alignment, or form) as part of instruction. I consent to this hands-on guidance and understand I may decline or request verbal-only cues at any time by informing the instructor.
I agree to inform my instructor before class of any pregnancy, recent surgery, joint replacement, herniated disc, or other condition that may require modification of Pilates exercises.
5. PHYSICAL CONDITION AND MEDICAL CLEARANCE
I affirm that I am in good physical condition and have no medical condition that would prevent my safe participation in exercise activities, or that I have consulted a physician and have been cleared to participate. I agree to inform Facility staff of any known injury, medical condition, or physical limitation before beginning any activity, and to stop exercising and seek medical attention immediately if I experience pain, dizziness, shortness of breath, or any other unusual symptom.
6. CONSENT TO EMERGENCY CARE
In the event of injury or medical emergency, I authorize Odd Studio staff to contact emergency medical services (911) and to administer or arrange for reasonable first aid or emergency care on my behalf. I understand I am responsible for all costs associated with any medical treatment I receive.
7. FACILITY RULES AND EQUIPMENT USE
- I agree to use all equipment only as instructed and intended, and to ask staff for guidance if I am unfamiliar with any equipment.
- I agree to re-rack weights and return equipment after use.
- I agree to follow all posted rules and reasonable instructions given by Facility staff.
- I understand that Odd Studio is not responsible for lost, stolen, or damaged personal property, including items left in lockers, changing areas, or parking areas.
Odd Studio reserves the right to terminate or suspend a membership, without refund, for unsafe conduct, harassment or abuse of staff or other members, or violation of Facility rules.
8. CANCELLATION AND REFUND POLICY
Membership dues and personal training/class session package fees are non-refundable once purchased, except as required by applicable law.
Month-to-month memberships (no fixed term) may be cancelled at any time. Member must notify Odd Studio at least seven (7) days before the next scheduled billing date to avoid being charged for the following billing cycle.
Annual (12-month) memberships are a fixed-term commitment. A Member who wishes to terminate an annual membership before the end of its term may do so by paying an early termination fee equal to fifty percent (50%) of the remaining membership payments owed under the contract. Once this fee is paid, the Member's obligations under the membership agreement are considered fully satisfied.
Personal training and class session packages do not carry a cancellation option once purchased, as they are treated as a non-refundable, prepaid service; unused sessions remain available for use per the terms of the applicable package agreement.
All personal training sessions, Pilates sessions, and classes must be rescheduled or cancelled at least twenty-four (24) hours before the scheduled start time. Any rescheduling or cancellation request made within twenty-four (24) hours of the scheduled start time will be charged in full as if the session had been attended.
Session packages expire after a set period from the date of purchase, and any unused sessions remaining after the expiration date are forfeited without refund:
- 10-session package: expires 3 months from date of purchase
- 20-session package: expires 6 months from date of purchase
- 30-session package: expires 9 months from date of purchase
Returned or failed automatic payments (declined card, insufficient funds, etc.) may be subject to a service charge. Membership access may be suspended until the account balance becomes current.
Memberships and session packages are non-transferable and may not be shared, sold, or assigned to another individual.
9. PHOTOGRAPHY AND VIDEO CONSENT
I understand that photographs and video recordings may be taken within the Facility for promotional, educational, or marketing purposes. I consent to the use of my image in such materials unless I provide written notice to Odd Studio requesting otherwise.
10. MINOR PARTICIPANTS
Odd Studio welcomes members who are at least sixteen (16) years of age. Members between the ages of sixteen (16) and seventeen (17) years old may participate only with the written consent of a parent or legal guardian, who must review and countersign this Agreement below. The parent or legal guardian, by signing, agrees to be bound by the terms of this Agreement on behalf of the minor, including the release of liability set forth in Section 2, and accepts financial responsibility for all fees incurred by the minor.
Odd Studio does not admit members under the age of sixteen (16).
11. GOVERNING LAW AND SEVERABILITY
This Agreement shall be governed by the laws of the State of California. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12. ACKNOWLEDGMENT
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. This is a legally binding agreement.
