Toned Yoga, LLC

Release and Waiver of Liability

READ CAREFULLY – THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS

I enter this release and waiver of liability in connection with being on site at any Toned Yoga, LLC (“Toned Yoga”) event, class, or location. I agree to the following:

I agree that this release and waiver of liability applies with regard to any event, class, training or from my being on the premises of any facility or area operated by Toned Yoga. This release applies to Toned Yoga’s class offerings, training sessions, workshops, or any other fitness/wellness activity at Toned Yoga (collectively, the “Activities” or “Activity”). This release and waiver equally apply to my entering or exiting any facility operated by Toned Yoga and whether my participation in the Activities occurs at a Toned Yoga facility or at another location (in-person).

I assume all risks associated with me being on, entering, or exiting a Toned Yoga premises and with participating in any Toned Yoga Activity. Those risks include but are not limited to injuries from slipping or tripping; falling; from participating in any social event provided on-site, from equipment, the building’s structure, other individuals on-site, from any interaction with a Toned Yoga staff member or instructor; from an allergic or chemical reaction to any agent and/or cleaner on-site; or from the contraction of any illness, disease, condition, or infection. I acknowledge that these injuries could be mental, emotional, or physical and that they could be minor or significant (and could include death).

I understand that the Activities may involve the use of weights or other equipment. I represent and warrant that I am physically fit and have no medical condition or medical history which would prevent my full participation in the Activities. It is my responsibility to consult with a physician prior to and regarding my participation in Toned Yoga’s Activities. I am fully aware of the risks and hazards involved even if I take/participate in the events/classes from my home or from another non-Toned Yoga facility.

I understand that it is my responsibility to consult a physician regarding my participation in yoga, fitness training activities, workshops, classes or any exercise or nutrition programs in any way associated with Toned Yoga. I understand that if I am suffering from any medical condition, it is my responsibility to inform a Toned Yoga instructor or staff member before participating in any class or event.

I agree not to hold Toned Yoga responsible for any injury, illness, allergic reaction, or lack of results from fitness classes or diet/nutrition recommendations offered by Toned Yoga instructors, staff, representatives, or third parties affiliated with Toned Yoga whether or not the advice is provided at a Toned Yoga facility.

I agree that Toned Yoga may use photos from class for marketing purposes (such as for Instagram and the Website). Photographers in class will be introduced to the students with option to opt out of photos.

I understand that the Activities involve touch for the purpose of adjusting posture and that I may decline that teaching/coaching technique at any time. I understand that neither Toned Yoga nor any Toned Yoga building’s landlord or owner is responsible for any loss of personal property.

I understand that, except to request a monetary refund, I have no claim against Toned Yoga, any Toned Yoga building’s landlord, or the building’s owner by reason of their refusal to allow me to participate in any class or event at this location.

In consideration of my participation in Toned Yoga’s Activities and/or use of the Toned Yoga facilities, I understand and voluntarily accept these risks and agree to not hold Toned Yoga, its landlord, or its building’s owner liable for any injury or claim which arises from my participation in such classes, Activities, events, the use of these facilities or from any risk or situation described in this document whether related to exercise or not.

Accordingly, I do hereby forever release and discharge Toned Yoga, its building’s landlord and owner, all Toned Yoga members, executives, employees, successors and/or agents from all claims or causes of action to the fullest extent allowable by law.

In further consideration of electing to participate in these Activities and for being on these premises, I knowingly, voluntarily, and expressly waive any claim I may have against Toned Yoga, its instructors/trainers, this building’s landlord and owner, all Toned Yoga members, executives, employees, successors and/or agents for injury or damages that I may sustain from being on these premises.

The validity, enforcement, construction, and interpretation of this agreement shall be governed by Illinois law. Any action or proceeding arising in connection with this agreement and/or with the undersigned’s participation in any class or event with Toned Yoga or from being on its premises or against Toned Yoga in any respect, can only be brought in Cook County, Illinois. All parties to this agreement waive any objection to the jurisdiction of these courts whether based on convenience or otherwise.

If any portion of this release shall be deemed by a court of competent jurisdiction to be invalid for any reason, the remainder of the release shall remain in full force and effect. By signing this release, I acknowledge that I understand its contents and that this release cannot be orally modified. I voluntarily agree to the terms and conditions stated above.

I understand that I must adhere to the below Toned Yoga policies and etiquette:

STUDIO ETIQUETTE

All students must obey the below etiquette:

• Arrive on time (see ‘Late Entry is Not Permitted’ section for more detail)

• Exit studio in promptly fashion (no more than 10 minutes after class) to ensure there is enough time for front desk staff and instructor to prepare the room for the next class.

• Enter and exit through studio front doors only. For safety reasons, students are NOT allowed to enter or exit the studio through back doors.

• Remove shoes prior to entering the studio. If there is a health condition that requires you to wear shoes in the studio, please let the front desk staff and instructor know prior to the class starting.

• No outside props allowed in studio unless agreed upon by front desk staff and instructor.

• If you need to leave early, inform the front desk staff and teacher before the class starts. Must leave before Savasana begins. Please leave all props on mat in front of you. Do NOT put away weights when students are lying down. Exit quietly.

• No children are allowed in the studio before, during or after classes for safety purposes.

HEALTH, SAFETY AND PERSONAL HYGIENE ETIQUETTE

All students must obey the below etiquette:

• If you have any injuries, conditions, or need modifications, let the front desk staff and instructor know before class begins.

• If front desk staff or instructor is concerned about the health of student they have the right to inform the studio manager. Studio manager has the right to request a doctors note of students should their be a concern over health and safety of instructors, students and staff. Failure to provide doctors note will result in inability to book future classes.

• Be mindful of personal space and hygiene. Students must put mat in designated mat spot (as identified by white brackets on studio floor). If props are borrowed (weights, blocks, etc.) students are expected to wipe down and leave in studio.

• Out of respect for each other’s air, be mindful of your own odors. Wear clean clothes, avoid dousing yourself in heavy cologne or perfume as some people are allergic, try to keep your breath fresh and avoid re-using a sweaty or moldy towel. At the end of class, take a moment to wipe any stray drops of sweat from the floor around you.

PROHIBITED CONDUCT

Toned Yoga will not tolerate harassment and abuse of any kind. Disruptive behavior towards teachers is considered unacceptable and can lead to consequences, including being asked to leave the class or being banned from future classes.

Disruptive behavior includes but is not limited to:

• Harassment: Harassment is unwelcome verbal or non-verbal conduct, based upon a person’s protected characteristic, that (i) denigrates or shows hostility or aversion toward the person because of the characteristic and which affects their employment opportunities or benefits; (ii) has the purpose or effect of unreasonably interfering with their work performance; (iii) enduring the offensive conduct becomes a condition of continued employment; or (iv) has the purpose or effect of creating a work environment that a reasonable person would consider intimidating, hostile, or abusive. Harassment includes epithets, slurs, name calling, negative stereotyping, insults, intimidation, ridicule, threatening, intimidating or hostile acts, denigrating jokes, and display in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group based on their protected characteristic.

• Inappropriate Conduct: This can encompass a wide range of behaviors, including talking excessively during class, making disruptive sounds, or using phones inappropriately.

• Disrespectful Language or Actions:This includes actions that disregard the teacher's instructions, the class's flow, or the well-being of other students.

• Ignoring Instructions: Failing to follow the teacher's guidance, such as when to move into certain poses or adjust a practice, can disrupt the class.

• Leaving Early Without Proper Notice: This can be particularly disruptive during the cool-down or savasana (restorative pose).

• Physical Contact Without Consent: Touching other students without their consent or engaging in inappropriate physical contact.

• Entering or Leaving During Transitions: Disrupting the flow of the class by entering or leaving during transitions, such as during a meditation or savasana, can be seen as rude.

LATE ENTRY IS NOT PERMITTED

Our studio is small and crowded. For the safety of you and others in the room, late entry is not permitted under any circumstance. Please be on your mat at the time class starts. Doors to the the studio entrance will be locked 5-minutes after the start of class time. You will not be able to enter the studio once doors are locked under any circumstances.

BOOKING POLICY

Students with an Unlimited Membership can book all classes 10-days in advance, 15-minutes before the class start time. Students who are not Unlimited Members (drop-ins, class packs) can book all classes 7-days in advance at the class start time.

CANCELLATION POLICY

For all morning classes (6am classes weekday and 7:30am classes weekends) there is a 12-hour late cancellation window. You will be charged a $20 fee if you cancel your class within this 12-hour time window before the class start time (6pm on weekdays/7:30pm on weekends). For all other class times, there is a 2-hour late cancellation window. You will be charged a $20 fee if you cancel your class within this 2-hour time window before the class start time. If you need to cancel your class please cancel on the app/website. We do not allow cancellations via email.

NO SHOW POLICY

If you do not show up to the class and don’t cancel, your class will be considered used and deducted from your account and charged a $20 fee.

WAITLIST POLICY

We have a 1-Hour Rolling Waitlist Window on day-time classes and 12-Hour Rolling Waitlist Window on 6AM classes. If you are on the waitlist, you will be put into class based on the times above if a spot opens up. You can check if you are off the waitlist via your account on the app/website. We recommend turning on notifications so you can be notified if you get off the waitlist via text instantly. If you get off the waitlist and cannot come to class please cancel on the app/website. We do not allow cancellations via email. You will NOT be allowed to enter class if you are on the waitlist. If you attend the studio and are on the waitlist, you must tell the front desk and wait 5+ minutes after class starts to see if there is a spot available.

LOST AND FOUND

We are not responsible for any lost or stolen items in the studio. Please email your studio directly for any items left behind. Lost and found is emptied on Friday of each week.

EQUIPMENT AND ACCESSORIES

A yoga mat is necessary, props are optional. We offer yoga mat rentals and mats and props available for purchase. We have towels and water to purchase only.

RETURNS, REFUNDS, TRANSFERS

We do NOT offer refunds or extensions on any class packages, workshops, memberships, apparel, or merchandise. All class packages, memberships, and workshops are non-transferable and must be used by the original purchasing client.

MINIMUM AGE

You must be 14 years or older to flow with us in either studio, any class. Children are not permitted to wait unattended in the lobby while class is in session.

CASHLESS

We only accept credit & debit cards. We ask that all clients update their online with a valid credit card.