Class Terms & Conditions

By checking the box next to this Terms of Use, and clicking the “Purchase” button, or by signing below, you, the purchaser of a SABI STUDIO class, class pack, or membership, and/or the participant in a class (hereinafter “you” or “Participant”), agree you are voluntarily choosing to purchase entry into a class hosted by Sabiartistry LLC, doing business as SABI STUDIO (hereinafter “The Company” or “Company”), on the date(s) and at the location noted below, and you agree you are voluntarily entering into a legally binding Agreement with Sabiartistry LLC, doing business as SABI STUDIO, inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration of the price of the class, class pack, or membership purchased, Participant is electing to purchase entry into one or more classes at SABI STUDIO (hereinafter each a “Class” and together the “Classes”). Once a Class, class pack, or membership has been purchased, Participant agrees they understand no refunds will be given for any reason, including Participant becoming unavailable for a Class, absent extenuating circumstances, as decided by Company, or as otherwise provided in Company’s posted cancellation policy. In exchange, Company agrees to provide the services outlined below.

General Class Information

Participant understands that Classes are in-person movement and wellness classes held at SABI STUDIO, 107 S. Main St., London, OH 43140, or another location announced by Company, and may include dance, fitness, Pilates, yoga, stretching, and other movement classes. Some Classes are designed for adults only, some for children only, and some for adults and children together (“Family Classes”), as described in each Class listing. Classes may be taught by Company or by independent instructors engaged by Company. This Waiver applies to every Class Participant attends at SABI STUDIO until revoked in writing.

Voluntary Participation

Participant agrees and understands that his or her decision to attend Classes is purely voluntary; any negative experiences before, during, or after a Class is at no fault or responsibility of Company. Participant acknowledges Company has not forced nor personally advised Participant of his/her need to be at a Class; Participant has decided based upon the totality of circumstances that it would benefit them and does not hold Company responsible for such decision. Participant will not hold Company nor any affiliates, employees, owners, instructors, or contractors responsible for any injury, issue, or negative experience had at a Class as a result of their attendance, or any portion of travel to and from the studio.

Minor Participants

If a Participant is under 18 years of age (a “Minor”), this Waiver must be agreed to by the Minor’s parent or legal guardian (“Parent/Guardian”). By agreeing to this Waiver, Parent/Guardian agrees to all of its terms both on his or her own behalf and on behalf of the Minor, and every reference to “Participant” in this Waiver includes both the Minor and Parent/Guardian. Parent/Guardian confirms he or she has the legal authority to sign on behalf of the Minor and consents to the Minor’s participation in Classes.

Minors Under 13. Any Minor under 13 years of age, whether attending a children-only Class or a Family Class, must be accompanied by Parent/Guardian or another adult Parent/Guardian has authorized in writing. That adult must remain present at the studio for the entire Class and remains responsible for supervising the Minor at all times before, during, and after the Class.

Minors 13 to 17. A Minor 13 through 17 years of age may attend Classes without an adult present, once Parent/Guardian has agreed to this Waiver. Parent/Guardian remains responsible for the Minor before the Class begins and after it ends, including the Minor’s arrival at and departure from the studio, and understands Company is not responsible for supervising the Minor before or after the Class. Parent/Guardian is responsible for ensuring the Minor is picked up only by Parent/Guardian or another adult Parent/Guardian has authorized in writing, and Company will make reasonable efforts to release the Minor only to such adults.

For all Minors, regardless of age, Parent/Guardian agrees that the release, assumption of risk, and indemnification terms of this Waiver apply to the Minor’s participation. Parent/Guardian agrees to inform Company in advance of any medical condition, allergy, behavioral need, or other information reasonably necessary for the Minor’s safe participation, and understands Company may remove a Minor from a Class if Company reasonably determines the Minor’s participation is unsafe for the Minor or others.

Travel

Participant also acknowledges they will need to travel in order to attend Classes, and confirms that the decision to travel, and manner and mode by which they choose to travel in order to get to the studio is wholly of Participant’s own choosing, and not in any way associated with the Class or Company, nor is it included in the Class. Should Participant encounter a negative situation or result from the choice of manner of travel, Participant understands and agrees that Company is neither responsible nor liable in any way, and that any required or optional travel is in no way associated with the Class.

Food

Company may provide water, snacks, or other refreshments at certain Classes, as Company sees fit; any additional funds spent on food, drinks, or refreshments will not be included in the Class, and will be the sole decision and responsibility of Participant.

Participant understands Company will do its best to label any and all food and drink options in order to identify any potential allergens contained in a food item, but cannot guarantee accuracy or completeness of all food warnings. If Participant has any food allergies, intolerances, or special needs involving food or drinks, they will use their own independent judgment to determine if such food and/or drinks are appropriate for their consumption (or, for a Minor, the Minor’s consumption), and will use common sense in making decisions regarding what to consume while at a Class. While Company will make a reasonable effort to provide options that fit within common dietary restrictions or needs, Participant understands and agrees it may not always be feasible to accommodate every restriction. Participant understands and agrees that Company is not to be held responsible should Participant have any adverse reaction to foods or drinks while at a Class, whether due to a known or unknown cause, whether food was appropriately labeled or not. Participant takes full responsibility for choosing what to eat at a Class, if anything, and agrees Company nor any Company employee, owner, instructor, affiliate, or contractor is not responsible should Participant experience any sort of health-related issue while at a Class.

Release

Participant understands Classes involve physical activity at varying levels of fitness and physical ability, which carries with it certain inherent risks, including but not limited to strains, sprains, muscle soreness, falls, collisions, and other injuries. Classes may include, but are not limited to dancing, jumping, stretching, balancing, strength exercises, Pilates, yoga, and the use of mats, Pilates balls, weights, and other studio equipment, and any other similar movement or wellness-centered activity Company may see fit. By execution of this agreement, Participant accepts and assumes all risks associated, as well as full responsibility for any and all injuries, damages (economic and noneconomic), and losses of any type, and fully and forever release and discharge Company, any affiliates or employees of Company, and any instructors or independent contractors teaching Classes from any claims, demands, damages, rights of action or causes of action – present or future – whether known or unknown, anticipated or unanticipated, resulting from or arising out of participation in Classes.

Participant agrees to be solely responsible for their safety, as well as the safety of any Minor they have brought or enrolled. They agree to conduct themselves in a reasonable and controlled manner at all times while at a Class, follow instructor directions and studio rules, use equipment only as instructed, and refrain from partaking in any activities that may cause them injury or illness. Participant understands Company is not responsible for any property lost, stolen, or damaged while at the studio.

Risk Acknowledgement and Acceptance

Participant understands and acknowledges there may also be a risk from contact with other participants, including adults and children, negligent or wanton acts of other participants, failures in following guidelines and rules of the studio or any applicable laws, equipment used during Classes, any defects of conditions of the premises where Classes are held, and/or any effects of weather when traveling to or from the studio, including heat, cold, rain, winds, storms, ice, or snow. Participant further acknowledges that each of these risks are that which Participant voluntarily assumes and agrees Company is in no way responsible or liable for any negative results or injuries they may sustain as a result of the above risks they may encounter. Participant has the option to stop participating in any exercise, or leave a Class at any time, should it become unsuitable for Participant.

Hands-On Instruction

Participant understands that instructors may use hands-on cues, light touch, or physical assistance to guide alignment, positioning, and safety during Classes. By agreeing to this Waiver, Participant (and Parent/Guardian, on behalf of a Minor) consents to hands-on instruction, unless Participant has stated otherwise in writing to Company. Participant may withdraw this consent at any time by notifying Company in writing, and may ask an instructor not to touch them at any time during a Class without needing to explain why. Hands-on instruction will be limited to what is appropriate for instruction or safety.

Medical Evaluation

Participant confirms they have completed any testing necessary to confirm they are medically and physically able to participate in Classes and takes full responsibility for their physical well-being at Classes. If Participant has any health-related restrictions, limitations, is pregnant or postpartum, disabled in any way, or has recently suffered an illness, injury, or impairment, Participant confirms they either have or will consult a personal physician regarding this issue prior to attending Classes, will inform the instructor before Class, and will obtain any information regarding how to maintain health while at Classes. Company is not liable should any injury or aggravation occur.

Should it be determined at any time during a Class that Participant (including a Minor) is in need of medical attention, Participant (and Parent/Guardian, on behalf of a Minor) consents to receiving emergency medical care and transportation as deemed appropriate and necessary by medical professionals called to the studio. Company will make a reasonable effort to contact Parent/Guardian or the emergency contact provided below. This Release also extends to any liability arising out of or related to any medical treatment provided to Participant, including but not limited to negligent emergency rescue options. Participant confirms that should they sustain any injury requiring medical attention, Company is not liable. Participant agrees to hold Company harmless from any injury or illness sustained, directly or indirectly caused by participation in Classes.

Disclaimer / Indemnification

Participant also expressly agrees to indemnify and hold Company and all affiliates, instructors, contractors, employees, and owners harmless against any and all claims, demands, damages, rights or causes of action of any person or entity that may arise from injuries or damages sustained by Participant while attending Classes, including any claim brought by or on behalf of a Minor. Participant also understands the instructors are not necessarily doctors, nurses, physical therapists, licensed therapists, or other similar professionals (and if they are, Participant understands they are not acting in their capacity as such and are not providing any personalized advice or treatment at Classes).

Participant understands that Classes do not involve the diagnosis or treatment of any physical or mental condition. Participant understands that Classes are not a substitute for medical care, physical therapy, counseling, or mental health care and they will not use Classes in place of any form of diagnosis, treatment or therapy.

Participant understands that Classes are not to be used as a substitute for professional advice by medical or other qualified professionals. Participant will seek independent professional guidance for medical or other matters. Participant understands that all decisions in these areas are exclusively their own and they acknowledge that their decisions and their actions regarding them are their sole responsibility.

Participant agrees to hold Company harmless should any physical or emotional injury occur as a direct or indirect result of any aspect of a Class. Participant confirms they are attending voluntarily and confirm any expectations or preconceived notions about Classes are purely speculation.

Company is also not to be responsible nor liable if a Class is not what Participant expects, or if Participant is subjectively dissatisfied with a Class. Company does its best to accurately and adequately market Classes to outline the content, potential benefits, and past participants’ experiences; however, none of the above guarantees Participant will have the same experiences, same results, or obtain any particular fitness or health benefits from Classes.

Participant understands that all services provided by Company in connection with Classes are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Participant is choosing to attend Classes on a purely voluntary basis and does not hold Company responsible should Participant become dissatisfied with any portion of a Class. Participant agrees that they do not have a cause of action, legal remedy, and is not entitled to a refund should they not achieve the results desired following Classes.

Payment and Refunds

Payment Method on File. Participant agrees to provide a valid credit or debit card or other payment method at the time of purchase, which will be securely stored by Company’s third-party payment processor or booking platform (Company does not store full card numbers). Participant authorizes Company to automatically charge this payment method on file for (a) each membership renewal, including any payment due during the 30-day cancellation notice period; (b) any Class, class pack, or other purchase Participant books; and (c) any outstanding balance owed to Company under this Waiver. This authorization remains in effect until Participant cancels as provided below and all amounts owed are paid. Participant agrees to keep their payment information current, and understands they may update it at any time through the booking platform or by contacting Company.

Participant understands and agrees each Class or class pack must be paid in full in order to reserve a spot in a Class; unless otherwise agreed to in writing with Company. Memberships renew automatically at the end of each billing period and do not expire until Participant cancels as provided below. Participant authorizes Company to charge the payment method on file for each renewal, in accordance with the membership terms as stated on Company’s website or booking platform. Failure to make any of the required payments by the due date(s) may result in Participant forfeiture of their membership, any unused Classes, and all money paid toward the membership to date. If Participant is able to bring payments current within a reasonable amount of time, Company may decide – in its sole right and discretion – whether Participant may continue attending Classes.

Membership Class Allowance. Memberships may include a set number of Classes per billing period, as stated in the membership description at the time of purchase. Classes included in a membership must be used within the billing period in which they are issued. Unused Classes expire at the end of each billing period, do not roll over to any future billing period, and are not eligible for refund or credit, unless otherwise agreed to in writing by an authorized member of Company.

Membership Cancellation. To cancel a membership, Participant must submit a cancellation request in writing, including by email to yourbestie@sabiartistry.com, at least 30 days before the cancellation is to take effect. Any membership payment that comes due during the 30-day notice period remains owed, and Participant may continue attending Classes through the end of the notice period.

Late Arrival and No-Shows. For the safety of all participants, Participant who arrives more than 10 minutes after a Class begins, or who does not attend a reserved Class (a “no-show”), forfeits that Class with no refund or credit. For class packs, the forfeited Class will be counted as used.

Company is not able to offer refunds once Participant has purchased a Class, class pack, or membership, unless otherwise specified in Company’s posted cancellation policy or agreed to in writing by an authorized member of Company. Should Company cancel a Class, Company will offer Participant a credit toward a future Class.

Dispute Resolution

Informal Resolution. Any dispute, claim, or issue relating to Classes, this Waiver, or Participant’s use of the studio (a “Dispute”) is first to be raised with Company in writing at yourbestie@sabiartistry.com, describing the Dispute and the resolution requested. The parties agree to attempt in good faith to resolve the Dispute informally within 30 days.

Mediation. Any Dispute not resolved informally is to be resolved via mediation in or as near as possible to London, OH, before a mutually agreed mediator. Each party will bear its own costs, and the parties will share the mediator’s fees equally, unless otherwise agreed in writing.

Binding Arbitration. If a Dispute is not resolved within 60 days after mediation is requested, the Dispute shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before one neutral arbitrator, in or as near as possible to London, OH, or by video conference if the parties agree. Fees will be allocated as provided in the applicable rules. The arbitrator’s decision is final and binding, and may be entered as a judgment in any court of proper jurisdiction.

Small Claims. Instead of mediation or arbitration, either party may bring an individual claim in small claims court in Madison County, Ohio, if the claim qualifies.

Individual Claims Only; Jury Waiver. Disputes will be resolved only on an individual basis, and not as part of a class, collective, or representative action. TO THE EXTENT PERMITTED BY LAW, PARTICIPANT AND COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Minors and Time Limit. This section applies to any Dispute brought by or on behalf of a Minor, to the extent permitted by law. To the extent permitted by law, any Dispute must be raised in writing within one year after it arises, or it is waived.

Governing Law. This Waiver is also controlled by Ohio Law, and is to be construed by the laws of Ohio, regardless of location of Participant. If any part of this section is found unenforceable, the remaining parts will remain in effect.

Photo/Media Release

Participant understands and agrees that Classes may be filmed, recorded, and/or documented by Company, instructors, or photographers. Participant understands they may be videotaped, photographed, or otherwise captured at Classes, and consents to same. Participant hereby grants Company a royalty-free, irrevocable license to use Participant’s likeness, and image in using such video and photography from Classes for commercial use, as it sees fit. This may include but is not limited to posting photos and video on Company’s website, and social media channels (Facebook, Instagram, TikTok, etc.), future sales pages and advertisements for future Classes, and to promote and publicize the studio in general. By purchasing a Class and agreeing to this Waiver, Participant provides Company with a full, irrevocable release allowing Company and any other relevant party to use their likeness, and all such footage in its marketing. Company will not publish a Minor’s full name with any photo or video. Participant (or Parent/Guardian, on behalf of a Minor) may opt out of Company’s use of their or the Minor’s image in future marketing by notifying Company in writing.

Other participants may also have recording devices, including cell phones and other means of recording footage, photos, and audio that they may share online via social media applications. Participant understands that Company’s studio rules may limit recording during Classes, but that Company cannot control every participant, and that Participant does not have any expectation of privacy at Classes – they understand and agree they may be photographed, videoed, and otherwise seen at Classes, whether in the background or forefront of such recordings, and such images or videos may be shared by the person who records them. Company is not responsible for footage, photographs, and any other information obtained by other participants and posted on social media, the Internet, and/or other avenues. Participant agrees to fully indemnify and hold harmless Company and any affiliates should any participant post or broadcast any form of photography or media regarding or including Participant, whether intentional or unintentional. Company is not responsible nor liable for what other participants may post, and Participant agrees he or she is attending Classes voluntarily, and assumes any and all such risks of being photographed or otherwise recorded by Company staff, instructors, other participants, and/or Company.

Subsequent Marketing

If Participant is located outside of the European Union and provides their name and email address to Company in order to attend Classes, Participant understands such personal information will be added to the Company database for subsequent marketing purposes, in compliance with Company’s Privacy Policy, which can be reviewed at www.sabistudio.co/privacy-policy. Company will not sell, share, or use such data in any way other than as specified in the Privacy Policy, and will utilize it to send emails from time to time, with content Company believes Participant may be interested in. Company will not send marketing emails directly to a Minor. Participant may opt out at any time by clicking the “unsubscribe” button in an email sent, or by contacting Company at yourbestie@sabiartistry.com, and Participant will be removed immediately.

I, PARTICIPANT (or PARENT/GUARDIAN, on my own behalf and on behalf of the Minor(s) named below), have read the foregoing waiver and release, and voluntarily agree to the terms as written, with full knowledge of its content and meaning. I understand this Waiver is being agreed to in addition to and in accordance with any additional Agreements between myself and Company, in relation to any other programs or services from Company that I am currently participating in.