
Terms of Service
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Welcome! Before participating in ALIGN Barre & Fitness’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us and to have you release ALIGN Barre & Fitness of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen or broken, or if anything else goes wrong. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any services.
If you are a minor in the State of Pennsylvania or in your place of residence, your legal guardian must also sign this Waiver on your behalf.
PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
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Parties. We are Align Healing LLC, a Limited Liability Company based in the State of Pennsylvania. In this Waiver, we will refer to ourselves as “ALIGN Barre & Fitness,” “us,” “we,” and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your.”
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The Services. As part of your services with ALIGN Barre & Fitness, you may participate, in person or online, in energetic and supportive fitness, yoga, Pilates and Health Coaching sessions, events, workshops and more, all of which may involve but are not limited to the following (“Services”):
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Stretching and flexibility training include yoga poses, body weight and strength exercises, breath work, meditation, and relaxation. Some classes may take place in a heated room (the range of heat for hot classes is between 90°F/32°C and 105°F/41°C).
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Flexibility training includes Pilates positions, body weight exercises, use of Pilates equipment for stretching and resistance exercises, strength exercises, mobility, range of motion exercises, breathing exercises, and relaxation exercises.
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Strength and fitness training, core exercises, high-intensity exercises, flexibility training, body weight exercises, locomotor movements, stretching and resistance exercises, strength exercises, mobility, range-of-motion exercises, and breathing exercises.
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The Services may involve physical contact, such as adjustments or tactile cues from instructors, so please let us know in advance if you do not want adjustments.
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Health Coaching Services including life coaching, mindset goals and action plans and nutritional guidance.
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The Services also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside ALIGN Barre & Fitness’s facilities, including outdoors. You agree that you are responsible for the safe facilitation of the Services that take place outside our facilities.
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Equipment. In the course of the Services, you may use a variety of equipment, which could include but is not limited to blocks, bolsters, straps, mats, resistance bands, pillows, bala weights, dumbbells, foam rollers, massage balls, rings, elastic bands, balance pads, bosu balls, gliders, Pilates balls and barres (the “Equipment”). Please do not use any equipment not instructed by ALIGN Barre & Fitness. You understand that while we will do everything to reasonably maintain the equipment, it is possible that the equipment may break or fail, and the risks of any such failure may result in the risks outlined below.
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We may introduce new equipment for the Services in the future. This equipment will be similar to what's currently listed, and your acceptance of risk extends to its use.
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Inherent Risks. You understand that receiving the services may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.
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Risks from diet change, supplements, and detoxes. Whenever you put something new into your body, there is a risk. Here, we list some relatively common and some uncommon but very serious inherent risks.
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Relatively Common Risks. While many people experience no side effects when changing their diet, taking new supplements, or detoxing, others do. Some relatively common risks and side effects include headaches, diarrhea, loose stool, stomach/gut pain or inflammation, vomiting, exhaustion, sleep issues, and over-supplementation or improper supplementation of nutrients.
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Allergies. You may have a previously unknown allergy to a new food or supplement. Specific symptoms and side effects of allergic reactions can be unpredictable and can range from mild discomfort and nausea, to fever and rash, to hospitalization and death. It is simply impossible to list every risk of an allergic reaction. Therefore, if you have strong allergic reactions, please be aware of the ingredients of anything we recommend and consult your doctor or other medical professional as necessary.
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Pre-existing Medical Conditions. As with allergies, we cannot list every possible medical condition and the associated risks. However, if you have any liver or kidney conditions or diseases, type 1 diabetes, or if you are pregnant or breastfeeding, we do not recommend detoxing and suggest you be very careful about diet changes or starting new supplements. Additionally, if you have had a stroke, heart or circulation issues, gallbladder problems (or removal), blood clots, or have had your stomach stapled, you should be extra cautious and consider talking to your doctor before commencing any change in your diet, supplements, or detoxing.
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Interaction with Pharmaceuticals. If you are taking pharmaceuticals, you should be aware that they can be counteracted, enhanced, or otherwise affected by the food and supplements you take. Some particular pharmaceuticals of concern include blood thinners, blood pressure medication, and heart medications, but there are many more. If you are uncertain about how any food or supplement will interact with a pharmaceutical you are taking, we suggest that you discuss this with your pharmacist or doctor beforehand
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Risks from Physical Exercise. While physical exercise is an important part of your overall health, it is important to know your own body and not push yourself too far, too fast. Some common risks associated with physical exercise may include soreness, muscle tears and strains, sprained ligaments, bruises and broken bones (from falling), dizziness and fainting, and nerve injury. While very uncommon, it is possible for someone pushing themselves too far to have a heart attack or other serious ailment. Please be careful and listen to your body.
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Risks of physical injury may include but are not limited to things like muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms and PTSD.
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There is also a risk of exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and the use of shared space, surfaces, or Equipment.
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If you are pregnant or post-natal, as with any physical activity, there are additional risks to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
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Participating in the Services online poses risks, as there is no in-person supervision or space provided. You will, therefore, need to ensure the safety of the Services by using your judgment on how to best practice them, not pushing yourself too far and not attempting anything you feel unsure how to perform.
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If the Services are being performed outdoors, there are additional risks such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants, and other environmental factors. You understand and agree it is your responsibility to ensure a safe space and environment to perform the Services.
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We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all.
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Life and Health Coaching. Life and Health coaching can touch many areas of your life, including mental health, career, family, friendships, and more. In receiving life and health coaching services, you may begin changing your life in many ways. For example, you may confront difficult issues and realize suppressed thoughts or feelings. There is a risk that this could lead to distress, depression, anxiety, and other mental health concerns as you work on yourself. You may also experience changes to your relationships, both positive and negative, as you reevaluate your personal interactions. Additionally, you may make changes associated with your career, which could lead to a loss in income. Although we provide you with the best information and support we can, there is a risk that your changes will result in short- or long-term negative effects.
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Group Coaching. The risks we discuss above may be enhanced when receiving coaching in a group setting. Every body, mind and soul is different. Solutions that benefit most people may have the opposite effect on you.
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Affirmation of Health. By participating in any Services with ALIGN Barre & Fitness, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Services. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, or are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Services. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Services.
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Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and ALIGN Barre & Fitness is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Services.
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Alcohol and Prohibited Substances. You are strictly forbidden from participating in the Services while under the influence of alcohol or any other substances that may alter your perception or ability to be present, focused and aware of your body’s pain threshold.
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Digital Protection & Cybersecurity. You acknowledge and accept the potential risks associated with our use of digital platforms, electronic communications, and data storage. While we take reasonable measures to protect your personal information and ensure cybersecurity, we cannot guarantee absolute security. You agree to release us from any liability for any indirect, incidental, consequential, or punitive damages or losses arising from unauthorized access, data breaches, cyber or malware attacks, or other digital security incidents. Please consult our Privacy Policy.
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Medical Disclaimer. You fully understand that ALIGN Barre & Fitness is not a medical professional and that the Services and any information, consultation and facilitation provided by ALIGN Barre & Fitness do not constitute medical treatment or advice. You acknowledge and agree that using any dietary, lifestyle or wellness recommendations or information is completely voluntary, and you are solely responsible for freely choosing to implement them. Regarding any physical or mental health problems, ailments, conditions, eating disorders, or other diseases, you are now being advised that it is your responsibility to obtain competent medical advice from a licensed medical or mental health professional. You understand and agree that any service rendered by ALIGN Barre & Fitness is not designed to diagnose, cure or prevent any disease, pain, deformity, injury, or mental or physical condition of any kind. You hereby agree to this waiver and release us freely and voluntarily. You affirm you have had the opportunity to discuss this Agreement with your own independent legal counsel prior to agreeing to it. You acknowledge that ALIGN Barre & Fitness would not otherwise offer the Services if not for this waiver and release agreement.
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Voluntary Assumption of Risk. You have read this Waiver and understand the risks of receiving the Services provided by ALIGN Barre & Fitness. By signing, electronic signing, or clicking “I Agree” (or something similar), you are confirming your voluntary engagement and assumption of the risks of the Services.
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Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Align Healing LLC and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Services with ALIGN Barre & Fitness, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that may be available to you, including but not limited to any form of damages, as a result of your participation in the Services. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
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Continued Agreement. Your agreement to this Waiver will act as your continued agreement to all ensuing treatments, workshops, and Services, whether in person (inside or outside), online, or via videoconferencing tool.
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Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this Agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Pennsylvania or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final, binding on both parties and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.
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General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of Pennsylvania. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Pennsylvania. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand.
Social Media Release
Welcome!
The purpose of this Media Release Agreement (the “Release”) is for you to give us permission to use any photos or videos we capture of you or photos, videos or any other content taken or created by you as we prepare to record content to stream online. We want it to be perfectly clear that you are giving away the irrevocable rights of your audio, video, photo and other recordings to ALIGN Barre & Fitness.
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On-Camera Release. You hereby grant to Align Healing LLC, a Limited Liability Company operating in the State of Pennsylvania, and any of its subsidiaries, affiliates, successors, licensees and assigns (collectively, “ALIGN Barre & Fitness” or “us”) the worldwide, irrevocable, perpetual right to photograph and record you on video or film, edit and use any such photographs or recordings, including your voice, movements, musical or other sound effects, as well as your biographical information and testimonials, for any purpose, including commercial use, in any and all media, now known or hereafter devised.
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Work-for-Hire. If we, ALIGN Barre & Fitness, have hired you as a professional to create content on our behalf, by signing this Release, you understand that we are creating a ‘Work for Hire’ relationship, where all intellectual property ownership in all materials created will forever belong to ALIGN Barre & Fitness.
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Materials Release. You hereby grant to ALIGN Barre & Fitness the worldwide, irrevocable, non-exclusive, perpetual right to use the copyrighted photographs and/or video recordings, taken by you or of you, which you either provide to ALIGN Barre & Fitness or which ALIGN Barre & Fitness takes of you (the “Licensed Material”) for any purpose, including commercial use and resale, in any and all media, now known or hereafter devised.
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ALIGN Barre & Fitness’s use of the Licensed Material shall be subject to an arrangement made between you and ALIGN Barre & Fitness. You warrant and represent that you have the right and authority to grant these rights, that the consent of no other person or company is required to enable ALIGN Barre & Fitness to use the Licensed Material, and that such use will not violate the rights of any kind of third party.
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Release of Liability. You hereby release ALIGN Barre & Fitness from any and all claims and demands of any nature whatsoever arising out of or in connection with it exercising its rights under this Media Release Agreement, including, without limitation, any and all claims for invasion of privacy, infringement on the right of publicity or personality, defamation (including libel and slander), and infringement of moral rights and other personal and/or property rights. Further, you agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future. You hereby agree to indemnify and hold harmless ALIGN Barre & Fitness and its members, officers, directors, employees, volunteers, agents, heirs, executors, administrators, successors and assigns from any and all liability resulting from our use of the Licensed Materials.
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Ownership of Licensed Materials. You understand that in signing this agreement, either by hand or electronically or clicking ‘I Agree’, you are irrevocably assigning, across all jurisdictions in the world and forever, any intellectual property rights you have in the Licensed Materials, however they were created. ALIGN Barre & Fitness will always have full intellectual property ownership of the Licensed Materials, and this is a work-for-hire provision, where ALIGN Barre & Fitness is paying you to keep all ownership in the Licensed Materials.
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Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this Agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Pennsylvania or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.
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General Terms. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of Pennsylvania. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Pennsylvania. Severability. If any provision of this Release is invalid or unenforceable, the other provisions in the Release will remain in full force and effect. Entire Agreement. This Release constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Release are for stylistic purposes only, and none of the content in the headings is intended to be legally binding. Assignment. ALIGN Barre & Fitness’s rights under this Release may be freely assigned and licensed to any entity. Online Agreement. We agree that this Release may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Release by hand and the intention of which is that both parties desire to be bound by all the terms of the Release.
I HAVE READ THIS MEDIA RELEASE, UNDERSTAND ITS CONTENTS AND VOLUNTARILY AGREE TO ITS TERMS.