TERMS & CONDITIONS
Last updated September 29, 2020
WAIVER AND RELEASE OF LIABILITY
Because physical exercise can be strenuous and subject to risk of serious injury, we, BOURNE NATION LLC (DBA MOXI3) urge you to obtain a physical examination from a doctor before beginning any exercise or training program. You agree that by participating in these physical exercise sessions 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 your personal trainer or instructor, and from any and all claims or causes of action. This waiver and release of liability includes, without limitation, all injuries to you 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 changed 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 Bourne Nation LLC (DBA MOXI3), their officers, directors, representatives, partners, officials, principals, agents, employees, subsidiaries, assigns, or independent contractors 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 BOURNE NATION LLC (DBA MOXI3) for negligence, or any other personal injury or property damage or loss action.
To book a class at Bourne Nation LLC (DBA 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.
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.
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. Bourne Nation LLC (DBA 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.
Bourne Nation LLC (DBA 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.
Photography and filming are common practice in Bourne Nation LLC (DBA 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.
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.
BOURNE NATION LLC (DBA MOXI3) has put in place preventative measures to reduce the spread of COVID-19; however, BOURNE NATION LLC (DBA MOXI3) 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 BOURNE NATION LLC (DBA MOXI3)’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 the BOURNE NATION LLC (DBA MOXI3) or participation in BOURNE NATION LLC (DBA MOXI3) programming. I hereby release, covenant not to sue, discharge, and hold harmless BOURNE NATION LLC (DBA MOXI3), its employees, agents, and representatives, 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 BOURNE NATION LLC (DBA MOXI3), its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any BOURNE NATION LLC (DBA 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.