TERMS & CONDITIONS 

TERMS & CONDITIONS 

Last updated September 21, 2023

 

WAIVER AND RELEASE OF LIABILITY  

Because physical exercise can be strenuous and subject to risk of serious injury, we, BOURNE NATION LLC (DBA MOXI3) its members, directors, employees, agents, affiliates, trainers, instructors, successors and assigns (which are collectively referred to as “Company”) urge you to obtain a physical examination from a doctor before beginning any exercise, training program or recovery service. These recovery services include but are not limited to cold plunge, photobiomodulation, infrared sauna, and normatec compression boots. You agree that by participating in these physical exercise sessions, recovery services, or personal training activities, you do so entirely at your own risk. Guests are responsible for riding with appropriate resistance, speaking with their doctors prior to engaging in strenuous exercise, and making informed decisions about individualized practice. 

 

This includes, without limitation, (a) your use of all amenities and equipment in the facility and any off-site location and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment (c) our instruction, training, supervision, or dietary recommendations. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury. You expressly agree to release and discharge Company from any and all claims or causes of action. This waiver and release of liability includes, without limitation, any and all injuries which may occur while on site or post-workout or which may occur regardless of negligence. All guests that agree to our Terms and Conditions hereby acknowledge the significant risks associated with the physical training and programing at this facility. Guests acknowledge and attest to having fully and carefully read and reviewed these terms and conditions and release and waiver inducing all subparagraphs prior to engaging in any physical activity at this facility. 

 

Rhabdomyolysis (hereinafter referred to as Rhabdo) can occur when an individual’s physical activity is so intent that muscular cells begin to breakdown and the contents and/or remaining materials enter the bloodstream. Rhabdo may be caused by many other systemic or environmental causes. However, Exertional Rhabdo can occur in athletes of all levels of fitness, resulting in muscle cell destruction. The skeletal muscle breakdown impairs kidney function as those organs are unable to handle increased enzymes that are released into the bloodstream. This induces severe physiological changes in the body. The symptoms of Rhabdo include muscle pain, stiffness and extreme weakness, darkening of the urine, decreased urine output, altered mental status, swelling of the body part involved, either with or without pain. A Rhabdo symptom is pain out of proportion to the amount of soreness that one would generally expect, often producing pain much quicker than one would expect after a workout. Guests understand that any concerns on their part that they are experiencing any of the symptoms of Rhabdo require immediate presentation to a hospital for emergency treatment. Guests acknowledge that no third party, either from the facility or otherwise, will be capable of monitoring symptoms and it is the responsibility of the guest experiencing symptoms to be continually cognizant of symptoms and to monitor them at all time. Guests agree that they will remove themselves from participation and seek medical treatment of their own accord should they have any concerns regarding possible symptoms of Rhabdo. Guests, for themselves and on behalf of their heirs, assigns, personal representatives and/or next of kin, forever waive, release, discharge, and covenant not to sue Company for any physical injury or illness resulting from exercise at the facility.

If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability. You agree to voluntarily give up any right that you may otherwise have to bring legal action against Company for negligence, or any other personal injury or property damage or loss. 

 

To book a class at MOXI3, you must have a valid class credit or membership. To buy an individual class credit or membership, you can sign up on www.moxi3.com by using your email and creating a password or if you are already registered, click login to buy a class credit or membership and make your reservation.

 

Class Attendance Policy

 

You must check in with the front desk before class. If you do not check in, we may release your spot to another guest 5 minutes before the start of class. Checking in for clients other than yourself is prohibited. 

 

You may cancel a class you reserved using a class credit without penalty by canceling online or calling the studio no later than 5:00 PM the evening before your scheduled class. If your spot is canceled by this time, your class credit will be returned to your account. If you cancel after 5:00 PM the evening before your class, the class will be forfeited.

 

Cancellations via electronic mail (email), Facebook Messenger, Instagram, and any other social media platform or text message will not be accepted, and you will be charged. 

 

Should you no-show to a class you reserved using a class credit, you will lose the class credit and are subject to an additional no-show fee.

 

You can late cancel a class at any time with no penalty or loss of credit IF you have any symptoms of COVID-19 and are concerned you might have contracted the virus. Given that COVID-19 is thought to be most contagious very early on in the illness, we recommend that you have a lower threshold for staying home for the protection of your fellow riders, your instructors, and our staff.  During these trying times, we must all be vigilantly attentive to our personal health to protect ourselves, our community and our ability to exercise together. If you late cancel a class due to COVID-19 concerns, in order to return to the studio, you must have a negative test result OR 10 days must pass from the date of the canceled class. 

  

If you have had close contact with someone who tests positive for coronavirus, please protect the health and safety of our community by quarantining for the CDC recommended 14 days from exposure. Close contact is defined as being within 6-feet of someone who has COVID-19 for a total of 15 minutes or more and/or you provided care at home or live with someone who is sick with COVID-19.

 

If you test positive for COVID, please isolate for 10 days from your first symptom or the date of your positive test. Please notify MOXI3 if you attended any classes within 2 days of your diagnosis or first symptoms so that we may test accordingly and stop the spread. 

 

Please be aware that we release spots EXACTLY five minutes before the start of class to those on the waitlist. If you are running late, please call the studio and speak with a front desk staff member to ensure we hold your spot.

 

If you book multiple classes or waitlist multiple classes, you are solely responsible for canceling your classes within the bounds of the cancellation policy. Company and MOXI3 staff cannot be held responsible for accidental bookings by clients or double bookings or double waitlisted classes made by clients. Late cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings. 

 

Company and MOXI3 staff will add walk-in, waitlisted clients in the order in which they were added to the waitlist by the computer system, top to bottom, and EXACTLY 5 minutes before the start of class. There is no waitlist priority given for early arrival.

 

All regular priced retail may be returned or exchanged, if unworn and in new condition with all tags attached, within 14 days of purchase, excluding personal care items and drinking vessels. All sale retail items are final sale.

 

Credit, and membership purchases are final sale. No returns or exchanges.

 

Guests understand that explicit music may be played in class. 

 

Guests understand that there are security cameras located throughout the facility and around the property, including in the cold plunge room.

 

Photography and filming are common practice in Company and MOXI3 classes. By attending classes, guests consent to be photographed and/or filmed for the purpose of publicity, advertising, illustration, web content, and copyright purposes. 

 

MOXI3 does not permit and will not tolerate any inappropriate conduct. Such conduct includes, without limitation, abusive, offensive, insulting, loud, demeaning, disruptive language, profanity, lewd conduct or any conduct that harasses or is bothersome to members, guests or MOXI3  employees.  MOXI3 reserves the right to refuse service and/or continued membership to anyone in violation of this policy.

 

 

ASSUMPTION OF RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS / COVID-19

Last updated September 27, 2020

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Company has put in place preventative measures to reduce the spread of COVID-19; however, Company cannot guarantee that you will not become infected with COVID-19. Further, attending the Club could increase your risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending MOXI3 and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Company’s facility may result from the actions, omissions, or negligence of myself and others, including, but not limited to, MOXI3 employees, contractors, and program participants and their families.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at  MOXI3 or participation in MOXI3 programming. I hereby release, covenant not to sue, discharge, and hold harmless Company of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Company whether a COVID-19 infection occurs before, during, or after participation in any MOXI3 program.  I also agree to stay home if I’m experiencing any symptoms of COVID-19 as outlined by the Centers for Disease Control and Prevention (CDC) or if I have been exposed to anyone that has tested positive for COVID-19 in the last 2 weeks.

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ASSUMPTION OF RISK AND WAIVER OF LIABILITY RELATING TO RESTORE SERVICES

Last updated March 16, 2023

 

Waiver and Release of Liability and Assumption of Risk Acknowledgement. Please Read Carefully Before Signing.

 

BY AGREEING AND SIGNING BELOW, YOU CONFIRM THAT YOU HAVE CAREFULLY READ ALL PAGES OF THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS, VOLUNTARILY AGREE TO EACH OF ITS TERMS AND PROVISIONS, AND SIGN OF YOUR OWN FREE WILL. AGREEMENTS: By signing this agreement you confirm that you are in good health, have reviewed the contraindications identified below for each service and/or equipment offered, and agree that you do not have any of the contraindications prior to your participation in any session of services and/or equipment offered Company. You confirm that you are over 18 years of age; or if under the age of 18, have parental/ guardian consent to participate in services offered Company and MOXI3. You agree to follow all instructions given to you by the staff or attendant. Do not use any equipment without staff or attendant present. If you experience any pain or mental or physical discomfort at anytime during the process or while using any products, services, or equipment offered by Company, you may and should terminate the session immediately. No representations or claims are made as to the therapeutic nature or other benefits of any product/ service offered by Company. WAIVER AND RELEASE: 1. This is a release of liability and a waiver of certain legal rights. 2. By signing this agreement you: I. Acknowledge that use of NormaTec air compression, Infrared Sauna, cold plunge and Photobiomodulation red light therapy expose you to risk of bodily injury, illness, disability or death, which may be compounded by negligent emergency response of the attendant. You acknowledge that you are voluntarily participating with knowledge of the dangers involved and accept and assume all risks and injury, illness, disability or death, whether caused by the condition of the facilities or equipment or the negligence of the attendant or otherwise. II. Expressly waive and release any and all claims against Company, arising out of or attributable to your use of NormaTec air compression, Infrared Sauna, cold plunge and Photobiomodulation red light therapy regardless of whether they may arise from the gross negligence or unintentional misconduct of the Company. You covenant not to assert any such claims against the Company, and forever release and discharge the Company from liability for any such claims. III. Indemnify and hold harmless the Company from any loss, liability, damage, cost or expense arising out of or connected in any manner with your use of whole body of NormaTec air compression, Infrared Sauna, cold plunge and Photobiomodulation red light therapy regardless of whether they may arise from the gross negligence or willful misconduct of the Company. IV. Agree that this waiver and release is intended to be as broad and inclusive as permitted under law. You specifically acknowledge and agree that this agreement is not intended to be a general release subject to limitations and conditions that would otherwise apply under applicable state law and additionally agree to waive all general release limitations provided by applicable law. GENERAL PROVISIONS: 1. This agreement shall be construed and interpreted as broadly as possible under the applicable law of the jurisdiction in which you use of NormaTec air compression, Infrared Sauna, cold plunge and Photobiomodulation red light therapy with the words, terms, provisions, covenants, and remedies contained in this agreement to be enforceable to the fullest extent permitted by applicable law. 2. If any portion of this agreement is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. 3. The terms of this agreement shall continue from this date forever and shall apply to each use by you of NormaTec air compression, Infrared Sauna, cold plunge and Photobiomodulation red light therapy without the need for you to resign this agreement. 4. This document constitutes the entire agreement regarding your use of services and equipment used at by Company at MOXI3 and supersedes all prior discussions and representations about the use, benefits or risks of NormaTec air compression, Infrared Sauna, cold plunge and Photobiomodulation red light therapy.

 

AIR COMPRESSION THERAPY (NormaTec) SPECIFIC CONTENT: AIR COMPRESSION THERAPY CONTRAINDICATIONS: Do NOT participate in Air Compression Therapy (NormaTec) if you have any of the following conditions: acute DVT; severe atherosclerosis or other ischemic vascular diseases; severe congestive cardiac failure; existing pulmonary edema or embolism; extreme deformity of the limbs; any local skin or tissue condition which the garments would interfere with such as gangrene, untreated or infected wounds, recent skin graft, and dermatitis, malignancy in the legs; limb infections including cellulitis that have not received antibiotic coverage, lymphangiosarcoma, or limb fractures. PHOTOBIOMODULATION RED LIGHT THERAPY SPECIFIC CONTENT: Photobiomodulation Red Light Therapy should be in close proximity to the area being treated. Skin should also be free of clothing, makeup, or anything else that may deflect light away from the skin. Protective eye goggles must be worn at all times. . PHOTOBIOMODULATION RED LIGHT THERAPY CONTRAINDICATIONS: Do NOT participate in Photobiomodulation Red Light Therapy if you have any of the following conditions: pregnant or breastfeeding; epilepsy or a history of seizures; taking cortisone injections or any other steroid injections; or currently on photosensitive drugs. SIGNATURE CONSENT: By signing this form, you agree to the terms and conditions laid out in this agreement with Company.

 

Name:____________________________________________ Date:___________________

Signature:__________________________________________________________________

 

ASSUMPTION OF RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS / COVID-19

Last updated September 27, 2020