Laura Waller Terms & Conditions & Waiver
Laura Waller is a Northern Virginia based fitness instructor working to help design a FIT lifestyle for women and their families.  Laura Waller provides a variety of group classes to accommodate various schedules and FITness goals with a variety of classes classes ranging from boot camp to barre to yoga and everything in between.  Classes are offered at various locations in the communities we serve. 
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Clients of Laura Waller are subject to the following Terms and Conditions. By attending and/or purchasing or reserving a Class, you confirm you have read these Terms and Conditions and agree to abide and be bound by them.
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Classes are redeemable only by the Client.  Transfer of Classes to other persons is prohibited. 6 Week Class Passes are not redeemable for cash. Unauthorized reproduction, resale, or trading of 6 Week Class Passes  or First Class Free passes is prohibited. Refunds will be determined on an individual basis and neither full nor partial refunds are guaranteed under any circumstances.  In the event of a cancellation due to Client illness, injury or relocation preventing Client from participating in any Classes, Laura Waller reserves the right to provide “credit” towards future classes at such time as the participation obstruction has been resolved, with a specified end-date for redemption.  Under no circumstances will a refund be issued for Classes in which Client has already participated. All full or partial refunds will be assessed a handling fee equal to 15% of the refund amount.
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In the event a Class reaches maximum enrollment capacity (as specified in the then-current Class descriptions), purchases for that Class will be closed and no additional Clients will be granted a spot.  In such instances, Clients may request to be placed on a waitlist. Any such waitlist will be on a first-come-first-served basis as Class spots become available. The first pending Client on the waitlist will be notified via email of a Class opening no less than two (2) hours prior to the start of the Class.  At that time, the Client may elect to reserve a spot in the Class my contacting Laura Waller directly. A waitlist Client will be charged for the Class only at such time as Client confirms her spot and not at the time of notification of a Class opening.
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Being over the age of 18 years, I, desire to voluntarily participate in fitness-related classes offered by Laura Waller, including but not limited to aerobics, yoga, pilates, and resistance training both virtual and in person (the “Classes”, as more fully defined in the Terms and Conditions) and hereby certify that I am in good physical health and have no physical condition which prevents me from safely participating.  
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I hereby also certify that I am a parent or legal guardian of each minor individual listed below as an “Allowed Participant”.  On behalf of each such Allowed Participant, I hereby desire for those Allowed Participants to participate in Classes offered by Laura Waller and certify that each Allowed Participant is in good physical health and has no physical condition that prevents the individual from safely participating in Classes.  
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List all "Allowed Participants", and their ages, for whom you are a parent or legal guardian.  These are the only minor participants permitted in class/es.
I fully acknowledge and understand on my own behalf and on behalf of the Allowed Participants that participation in the Classes involves physical movements and therefore carries an inherent risk of physical injury that cannot be completely eliminated.  Such physical injury could include, but is not limited to, strains, sprains, dislocation of joints, muscle soreness, heart attack, stroke, paralysis and death. On my own behalf and on behalf of the Allowed Participants, I fully acknowledge and understand that it is my responsibility to consult a medical doctor prior to my or their participation in any physical activity to fully assess my and their abilities, limitations and fitness to participate.  I further acknowledge and understand, on my own behalf and on behalf of the Allowed Participants, that it is my responsibility to inform the Instructor (as defined in the Terms and Conditions) of any physical limitations that I or an Allowed Participant may have which may affect my or their performance or ability in Classes such that the Instructor may modify the routine as necessary. However, it is solely my responsibility to be aware of my own and my Allowed Participants’ physical limitations and strictly abide by them and I assume full responsibility, on my own behalf and on behalf of my Allowed Participants, for any risks, injuries, or damages, known or unknown, which I may incur as a result of participating in Laura Waller's classes.
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I fully acknowledge and understand, on my own behalf and on behalf of the Allowed Participants, that the Classes and fitness classes in general are not a substitute for medical attention, treatment or diagnosis and are not intended to be used in place thereof.  I further acknowledge and understand, on my own behalf and on behalf of the Allowed Participants, that Laura Waller and its employees, officers, agents and assigns are not licensed dietitians, physicians or fitness experts and that any information provided to me or Allowed Participants by Laura Waller relating to my health or the health of an Allowed Participant is a recommendation only, is not medical or expert advice and carries no warranties or guarantees of any nature.
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I fully acknowledge on my own behalf and on behalf of the Allowed Participants that Classes may be held at various facilities and locations not under the ownership or control of Laura Waller (each a “Host Facility”) and may contain hazards of which Laura Waller is unaware. I understand that Host Facilities will be determined based on a variety of factors and are subject to change at any time.  Laura Waller will notify me of any such change in a timely manner.
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I agree and understand that this waiver will extend throughout my participation in Laura Waller's classes and not be limited to one six week session, but cover all sessions at all times I may participate in.
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I hereby, on my own behalf and on behalf of the Allowed Participants, with full knowledge and understanding, voluntarily forever release, discharge, indemnify and hold harmless Laura Waller and all Host Facilities and all of each of their respective employees, officers, agents and assigns from and against all liabilities, claims, damages and costs of any nature whatsoever, whether or not due to negligence, arising as a result of my or an Allowed Participant’s participation in the Classes.  Such release shall be binding upon my heirs, successors and assigns and those of the Allowed Participants.
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I hereby further authorize the use of pictures and/or video of the Allowed Participants and me engaged in Classes for future marketing or media releases of Laura Waller without expectation of compensation or accreditation.  
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I voluntarily agree, on my own behalf and on behalf of the Allowed Participants, to the terms and conditions stated above and I am signing this agreement of my own free will. My signature below certifies that I have read, understand and agree to be bound by the terms and conditions contained herein.  If completing this form in electronic format, I understand that my typed name below has the same authority as my written signature.
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A “Class” is defined as any fitness session conducted by a certified and insured Instructor and can include but is not limited to one-time workshops, nutrition and self-care seminars, boot-camp style workouts (including resistance and aerobic training), children’s fitness classes, strength and toning sessions, family-inclusion classes and Pilates.An “Instructor” is defined as an individual certified in a relevant fitness category and authorized by Laura Waller to lead a specified Class on behalf of Laura Waller. Any individual, age 18 and over, who is redeeming a Free Class Pass or who has signed up with Laura Waller as a primary Class participant under a Multi-Class Pass/Tiered Membership/Special Event/Purchase Option from website  is a “Client”.  Every Client must complete Laura Waller's Liability Release and Waiver of Liability (the “Waiver”) (attached hereto as Schedule 1) prior to participating in any Class.In certain instances, Clients are permitted to have Allowed Participants accompany them to a Class, as set forth in the specific Class descriptions.  “Allowed Participants” are defined as spouses, domestic partners and any individual under the age of 18 for which the Client has legal responsibility on either a permanent or temporary basis.  All minor individuals intended to accompany Client, at any time, as Allowed Participants must be listed on the Waiver at the time of registration and only those listed Allowed Participants will be permitted to participate in a Class.  Any non-minor Allowed Participant or other individual accompanying a Client must complete a separate Waiver prior to Class participation. Minors (individuals under the age of 18) may not, under any circumstances, participate in any Class without a Waiver completed by their parent or legal guardian.
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Prior to purchasing and/or participating in any Class, Client is required to acknowledge that she has read, fully understood and agrees to the Waiver as presented and available as a hardcopy upon written request.  Acknowledgement and acceptance may be completed via electronic consent via this google form.  Clients will not be permitted to proceed to purchasing or reserving a Class without having completed the Waiver.  In the event of an in-person Class purchase, Client will be required to complete a hardcopy Waiver prior to participating in any Class.  All Waivers will be kept on file indefinitely and each Client will be required to complete only one Waiver for the duration of their participation in Classes, whether intermittent or continual, provided Client’s Allowed Participants remain the same.  Changes to Allowed Participants will require the completion of a new Waiver.
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In an effort to provide Users and Clients increased value, Laura Waller may provide links to other websites or resources. You acknowledge and agree that Laura Waller is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or injury caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
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Laura Waller is committed to protecting your privacy.  Any information provided to Laura Waller either online or in person will be used only for purposes of registration, payment and content input and will never be given or sold to any third-party without your express consent.  
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These Terms and Conditions and any written agreement in connection with Laura Waller will be exclusively governed by and construed in accordance with the laws of Virginia whose Courts will have exclusive jurisdiction in any dispute initiated against Laura Waller.  Laura Waller reserves the right to initiate and pursue proceedings in alternative jurisdictions as appropriate and necessary.
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Laura Waller reserves the right to change, modify, add to or remove, in whole or in part, these Terms and Conditions without notice as it, in its sole discretion, deems necessary.   Any such changes will become immediately effective upon being posted to the Site. Continued use of the Site and/or continued participation in Classes following any such change shall be deemed an acceptance of such change and agreement to abide and be bound by the Terms and Conditions as modified.It is the User’s obligation to periodically check these Terms and Conditions at the Site for changes or updates and determine whether to continue use of the Site and/or participation in Classes.
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If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, such provisions shall be severable and the remaining provisions shall continue to be valid, enforceable and in full force and effect.  If a court finds that any provision of these Terms and Conditions is invalid or unenforceable but that by limiting such provision it would become invalid and unenforceable then such provision shall be deemed to be written, construed and enforced as so limited.
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No failure or delay by either party in exercising any right, power or remedy hereunder shall operate as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these Terms and Conditions. No waiver will be effective unless in writing and signed by the party to be charged thereby.
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For the purpose of notices required or permitted hereunder, email communication (including scanned and emailed documents) shall constitute and be acceptable as written notice when sent to the email address as noted below.  Cellular phone text messages will not be sufficient or acceptable as written notification. Any notices permitted or required to be given under these Terms and Conditions shall be considered delivered on the date sent by email, the date of hand delivery, or five (5) business days following appropriate dispatch by U.S. Mail to the following addresses or any other such address as one party may have furnished to the other in writing:To: Laura Waller, rEmail: laura.powerfullfitness@gmail.comPhone: 252-670-8824
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These Terms and Conditions, together with any exhibits and schedules attached hereto, contain the entire understanding of the parties with respect to the subject matter herein and there are no other representations, warranties, covenants or undertakings other than those expressly set forth herein. These Terms and Conditions supersede and replace all other prior agreements pertaining to the subject matter herein, whether oral or written.
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