WAIVER AND RELEASE OF LIABILTITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT 

THIS DOCUMENT IMPACTS YOUR LEGAL RIGHTS - PLEASE READ CAREFULLY

In consideration of the services of Soul Magik Studios • TLF, its agents, officers, shareholders, directors, employees, volunteers, participants, exercise and dance equipment builders and installers, exercise and dance equipment designers, exercise and dance equipment manufacturers, lessors, insurers and all other persons or entities acting in any capacity on their behalf (hereafter collectively referred to as RELEASEES), I agree to release and discharge RELEASEES, on behalf of myself, my children, parents, guardians, heirs, assigns, personal representatives and estate as follows:

1. I acknowledge the inherent extreme risks in traditional and alternative exercise, dance and party activities, including those which could occur on chairs, benches, bikes, balls, wheels and poles and result in physical or emotional injury, paralysis, death, or damage to me, property belonging to me, RELEASEES and/or third parties. I realize these risks cannot be eliminated and include, among other things, but are not limited to, stepping up onto or falling off chairs; loss of balance and falling in high heel shoes; spinning, inverting and climbing or falling off of the poles; being fallen on or struck by other users; falling off wheels, balls and benches; impacting the ground and/or poles; abrasions and/or injury from poles, climbing poles, inverting on poles, wheels, balls, benches, chairs, weights, pads, and/or the floor; equipment failure; pole failure; climbing, spinning or inverting out of control or beyond ones limits; negligence of other users, visitors, participants, spotters, or other persons who may be present; and/or my own negligence. I understand that there are also unforeseeable accidents which may occur, and I assume all risks associated with such accidents. I agree that it is possible that the equipment being used might malfunction, be defective, and/or fail. I acknowledge and assume all risks for all other activities which may occur in any Soul Magik Studios • TLF, functions such as Soul Magik Studios • TLF Training sessions, Soul Magik Studios • TLF events, Soul Magik Studios • TLF workshops, and Soul Magik Studios • TLF parties, including, but not limited to, any type of exercise class, dance class or activity, yoga, seminars, workshops, team building activities, weight training, strength and cardio training, aerobics, and dance.

2. I agree to abide by all safety rules. In the interest of my safety and the safety of others, I agree to comply with staff requests and instructions. I agree that the jobs of staff are difficult and that they seek to create a safe environment by giving adequate warnings and/or instructions, however, they may be unaware of a participant’s fitness or abilities. I further agree to use proper exercise and dance practices and procedures. If I fail to use proper exercise and dance practices and procedures the fault is solely mine. I agree to pay attention to the condition of the poles, chairs, ceilings, benches, wheels, balls and all exercise and dance equipment and to advise staff if I inflict or notice any damage.

3. I understand, and I am aware that strength, flexibility, and various activities such as exercise and dance, including the use of equipment is potentially hazardous and that the risks associated with my participation in strenuous exercise include but are not limited to, abnormal blood pressure and heart rate, fainting and heart attack. I expressly agree and promise to accept and assume all of the risks, which exist by reason of my participation in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.

4. I agree to assume all risks of personal injury, including cardio, respiratory failure, paralysis and death, which may occur while I am participating in any Soul Magik Studios • TLF activity. I hereby voluntarily release, remise, and forever discharge and covenant not to sue, RELEASEES from all liability for any such personal injury that I may incur, and any and all claims, demands or causes of action, which are in any way connected with my participation in this activity or my use of RELEASEES equipment and/or facilities, including any such claims which allege negligent acts or omissions of RELEASEES. I understand that this Participant Agreement, Release, and Acknowledgment of Risk includes my claims for personal injury, including death based in total or in part upon the NEGLIGENT ACTION OR INACTION OF RELEASEES.

5. In the event any claim, demand, or cause of action is made against RELEASEES by me, at the facilities of RELEASEES, I agree to indemnify, hold harmless, and defend RELEASEES; including the payment of reasonable attorney’s fees, for any claim arising in whole or in part from alleged negligent action or inaction of RELEASEES. Should RELEASEES, or anyone on their behalf, be required to incur attorney’s fees, insurance deductibles, and/or other costs to enforce this agreement, I expressly agree to indemnify and hold harmless that party for all such fees, deductibles and costs.

6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I certify that I have no medical, emotional and/or physical conditions that could interfere with my safety or prevent me from participating in any of the activities and programs of Soul Magik Studios • TLF, or the use of equipment. I acknowledge that it has been recommended that I have an annual or more frequent physical examination and consultation with my physician(s), if deemed necessary by my physician(s) as to physical activity, dance, exercise, and use of exercise equipment, so that I might have recommendations concerning these exercise and dance activities and equipment use. I acknowledge that I have either had a physical examination and have been given my physician's permission to participate, or that I have decided to participate in activity and/or use of equipment without the approval of my physician and I am willing to assume, and bear the costs of, all risks that may be created, directly or indirectly, by any such condition.

7. Soul Magik Studios • TLF has the right, but not the obligation, to provide rules and regulations respecting activities.  I acknowledge that Soul Magik Studios • TLF shall not be responsible for the supervision of participants in activities.

8. Consent for Medical Treatment:  I give my consent to Soul Magik Studios • TLF to obtain medical care from any licensed physician, hospital or clinic, including transportation and emergency medical services for myself for any injury that could arise from participation in the activities.

9. I understand that alternative exercise and dance is not the same as traditional exercise and dance, and that additional skills are necessary for alternative exercise and dance that cannot be acquired in a traditional exercise and dance training session, class or gym. I agree to seek qualified instruction before attempting to spin, pull up, hang, lift, wrap, climb, invert or do any activity on or around alternative equipment including but not limited to poles, chairs, benches, tables and stages.

10. I acknowledge and understand that there is not a substantial impact absorbing medium between the bottom tier pole area, middle tier pole area, and top tier pole areas; falls from any height on poles and on or around all exercise and dance equipment can result in injury, paralysis or death.

11. I understand that the use of a crash mat could help prevent head injury, permanent brain damage and/or death, and these crash mats may be purchased, or rented, (subject to availability) from Soul Magik Studios • TLF. If I choose to climb, or invert, with OR without the use of a crash mat, I do so at my own risk. Additionally, if I choose to use any other type of crash mat (such as a yoga mat or exercise mat) I do so at my own risk.

12. By signing this document I acknowledge that if anyone, including myself, is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against RELEASEES and any party in privity with RELEASEES.

13. I understand that this document is a contract. I sign it of my own free will. I understand that this contract is severable; that if any part of it is held by a court of law to be unenforceable, the rest shall survive. I agree that the venue to any legal action arising out of, concerning or involving this document, or the use of Soul Magik Studios • TLF, services at any of Soul Magik Studios • TLFdance studios or facilities. I also understand and agree that this agreement will remain in full force and effect forever and will apply to any and all visits I participate in, now and forever, with Soul Magik Studios • TLF Any future participation with Soul Magik Studios • TLF is evidence of my continuing support of, and agreement with this document.

14. I understand that there might be times when pictures and videos will be taken for fitness class promotion and I agree to my image being used (along with others in the class) for our website, You Tube, Facebook and other promotional pieces. I hereby confirm that I have read and fully understand the above.

   If I wish to remain off any pictures and do not give permission for myself to be in pictures or videos used for promotion, I must give a written statement to Soul Magik Studios • TLF. Otherwise I acknowledge and give permission for myself to be in pictures or videos used for promotion.

15. I hereby certify that I am a consenting adult of 18 years old or older.

BY SIGNING THIS WAIVER I AM ACKNOWLEDGING ALL THE FOLLOWING POLICIES, FAQ'S, GENERAL RULES & STUDIO ETIQUETTE AS FOLLOWS:

Policies, FAQ's, General Rules & Studio Etiquette

You will be sent home if appearing under the influence.

If you are pregnant, you must come with a doctors note.

Cancellation/Rescheduling Policy

Log into your account to manage bookings. 

• Single Classes & all packages:

-12 HOURS MINIMUM notice prior to class time must be given or class is forfeited.

• Tier Package/Series Package/Pole Party/Private Lesson/Event:

- 72 HOURS MINIMUM notice prior to FIRST class/party/private lesson/event start time must be given or else payment is fully forfeited. 

- $75 non-refundable fee for cancellations under 7 days.

- There are no make up dates for Tier/Series Package.

• 15-MINUTE LATE

- In consideration of others & safety purposes, please arrive no more than 15 minutes after your session start time or you forfeit your class. 

- Late arrivals do not have adequate time to properly warm up & are at higher risk of injury.

- You may depart at any time once the session has started.

• TRAIN POLICY: 

- Caught at a train? 

-Take a picture & show it to instructor IN PERSON.

- Still want to join after 15 mins? 

- Warm up FULLY before participating. We want you practicing safely!

- More than 15 mins late DUE TO TRAIN & prefer to reschedule?

- Present picture of the train IN PERSON. 

No exceptions. No Refunds or trades. Unless in the event of a medical emergency, credit may be given if a medical note from a licensed practitioner is provided for the specified date & time of missed class. Credits expire 1 month from issue date. 

Pre-book to guarantee your spot.

Bookings close 12 hours prior to class start time.

Tiers/Classes/Events may get cancelled/rescheduled if no/not enough sign ups.

Minor Policy

15 years old & under MUST be accompanied by an adult.

Parent/legal guardian can sign for minors to attend by themselves (age limits apply).


Submit online AND in person waiver.
Minors MUST have parent/legal guardian COME IN PERSON to sign a waiver.

Waiver requires the following:


-ID number of parent/legal guardian.


-Proof of Insurance for minor.


-List of people allowed to pick minor up.
 


Rules:


- Parent/legal guardians/adult are responsible for holding minors accountable for good behavior

- All minors are expected to follow studio rules and class session guide

Pick Up:

- Only people on the list of allowed people will be able to pick up the minor

- Please be at studio on time to pick up minor

Soul Magik Studios reserves the right to decline services if studio rules are not being followed. 

BE AWARE

- Classes may contain provocative style dance moves & attire

     - If allowing your minor to attend classes, you acknowledge the content of the classes & give your minor permission to attend

NO EXCEPTIONS TO THE RULES. If minor shows up without parent/legal guardian to sign waiver, minor will NOT be able to attend & will forfeit class.

FAQ's

Q: Who are classes for?

A: Anyone who is willing to try!


Q: Do I need experience?


A: No. A good level of fitness is always helpful but not essential. Classes are designed to allow everyone to advance at their own pace.


Q: What should I wear?


A: Make sure you are comfortable.

- DRESS UP! (Highly encouraged!) When you look good, you feel good!

- Shorts/booty shorts

- A tank top/T-shirt/sports bra

- Active wear 

Throw in & always have in your pole bag:

- KNEE PADS!

- Socks/lyrical slippers/half toe socks

- Pants

As you advance levels:

Classes from Levitations & up need to have:

- Shorts & Arms exposed

- OR sticky attire (google sticky pole wear)

- The more skin exposed the better, as we use our skin for friction to stick to the pole

**!!NO!!**:

- Shoes unless clean studio sneakers (not worn outside)

- METAL JEWELRY on the hands/wrists! (Rings, watches, bracelets, necklaces)

- CREAMS & LOTIONS ON THE BODY! (Stay moisturized with water based moisturizers, but please do not moisturize right before class, it can be very dangerous and cause slipping for you and others.) 


Q: What should I bring?


A: -Water Bottle
     

-Workout clothing

-Pen & pad if you wish to take notes

-Padlock for locker if you wish to lock your things

-Yoga Mat (If you wish to not share, please bring your own)

-Positive attitude



Q: How long is the class?


A: Class times are in the class description of each class. Most classes are 60 mins.


Q: What do we do in the class?


A: Each class is different. You can find the details of each class in the class description of each class. 

Q: Can my friend come to watch?

A: No spectators unless otherwise permitted for certain classes (EX: Stage Night).

Q: Do I get my own pole?

A: Yes! (Unless you booked a pole party with more than 12 people or other classes specified such as ColLab Creations).

General Rules & Studio Etiquette

DO'S

- Make it to class on time

- Help keep dance space bigger:

    - Use cubbies/lockers

- Spray & wipe down your pole, radius of floor, & equipment used & put away after use

     - Roll mats up NEATLY (not half rolled, otherwise bring your own)

- Be courteous of the class before & after yours

- Only attempt moves that are safe for your level

- Use crash mats when attempting new/difficult/inverted moves

- Use spotters when attempting new/difficult moves

- Stay attentive & participate in classes

- Be respectful of instructor, studio & classmates

- Ask permission prior to recording a video/taking a pic

DONT'S

- Eat FOOD in the studio, only in lobby

- Wear metal jewelry on hands/wrists

- Moisturize directly before class DO use water based moisturizers

- Invert without having proper training

- Climb to the top of the poles without having proper training

- Teach others unless otherwise given explicit permission by instructor of Soul Magik Studios

- Do tutorials/attempt difficult moves without explicit permission by instructor of Soul Magik Studios

REQUIRED

- Have your own insurance

- Sign a waiver

BE AWARE

- Of the Cancellation/Reschedule Policy.

- All participants must be 18 years of age or older unless given explicit permission by parent/legal guardian

- Classes may contain provocative style dance moves & attire

- If allowing your minor to attend classes, you acknowledge the content of the classes & give your child permission to attend

- All minors 15 & under must be accompanied by an adult unless otherwise permitted

- Children are not permitted in the studio during sessions unless otherwise permitted.

REMEMBER

- Prebook classes. Text/call/email (texting is best) if you have website issues.

- Sign in & fill out walk out form at beginning of class if you do a walk-in.

- Parking

     - During business hours (M-F 6am-5pm): DO NOT PARK IN FRONT OF NEIGHBORS; park in first 3 spaces in front of studio & center island.

     - If those are full, overflow to the street.

     - Evenings & weekends we usually have the whole parking lot to ourselves & you can park wherever.

- Warming up, stretching, and cooling down is important. For the sake of your own safety, it is EXPECTED you participate to the best of your ability.

     - Be aware of our 15 Minute Late policy.

- Shoulder injury is the #1 injury in pole.

     - There are tons of moves. Don’t feel like you have to be able to do every single move out there.

     - A lot of people want to RUN before learning to WALK, and that’s when injuries can happen.

     - Don’t do too many spins. Make sure to always add variety.

     - Know your limit.

     - If you ever feel like you shouldn’t do a move one more time, listen to your body telling you that.

     - It's better to call it a day once in awhile than come back from an injury.

- Don’t compare yourself to others. We are all on our own point in our fitness journey and we're all here to learn and share the love of pole. Let instructor know if you need more guidance. We are here to help you succeed & be your #1 cheerleader! Reach out if you need us! BE PATIENT WITH YOURSELF. "Every pro was once a beginner."

We ask that everyone practices mindfulness at this studio. We want everyone to feel welcome & supported. If you ever feel there is an issue happening with you please let instructor know & the situation will be addressed accordingly.

NON-DISCLOSURE AGREEMENT

This Non-Disclosure Agreement (the "Agreement") is entered into on Jan 1, 2018 by and between Soul Magik Studios - Twirl Lit Fitness, LLC (the "Studio") and________You, whom signs this document___(the "Client")

1. PURPOSE

The Client is taking classes with the Studio, and as part of these classes, the Client may be exposed to confidential and proprietary information, including but not limited to choreography, teaching methods, and trade secrets.

2. PROTECTION OF CONFIDENTIAL INFORMATION

The Client understands and acknowledges that the Confidential Information has been developed or obtained by the Studio by investment of significant time, effort, and expense, and that the Confidential Information is a valuable, special, and unique asset of the Studio which provides the Studio with a significant competitive advantage and needs to be protected from improper disclosure. The Studio agrees to disclose Confidential Information to the Client solely for the purpose of participating in classes at the Studio and personal use. Confidential Information includes all information, whether written or oral, that is disclosed by the Studio to the Client, including but not limited to:

• Choreography and teaching methods

• Class Structure and methodology

• Trade secrets and proprietary information

• Business information and operations

• Student and client lists

3. OBLIGATIONS

The Client agrees to:

• Keep Confidential Information confidential and not disclose it to any third party

• Use Confidential Information solely for the purpose of participating in classes with the Studio

• Not reproduce, duplicate, copy, or store Confidential Information in any form

• Return all Confidential Information to the Studio upon request

4. EXCLUSIONS

Confidential Information does not include information that:

• is or becomes generally available to the public through no fault of the Client

• was lawfully in the Client's possession prior to disclosure

• is lawfully obtained from a third party who has the right to disclose such information

5. NON-CIRCUMVENTION

For a period of five (5) years after the term of this Agreement, the Client will not attempt to do business with, or otherwise solicit any business contacts found or otherwise referred by the Studio for the purpose of circumventing, the result of which shall be to prevent the Studio from realizing or recognizing a profit, fees, or otherwise, without the specific written approval of the Studio. If such circumvention shall occur the Studio shall be entitled to any commissions due to pursuant to this Agreement or relating to such transaction.

6. LIMITED LICENSE TO USE

The Client shall not acquire any intellectual property rights under this Agreement except the limited right to use set forth above. The Client acknowledges that, as between the Studio and the Client, the Confidential Information and all related copyrights and other intellectual property rights, are (and at all times will be) the property of the Studio, even if suggestions, comments and/or ideas made by the Client is incorporated into the Confidential Information or related materials during the period of this Agreement.

7. REMEDIES

The Studio may seek injunctive relief and/or damages for any breach of this Agreement by the Client.

8. ATTORNEY’S FEES

In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

9. TERM AND TERMINATION

This Agreement shall remain in effect for as long as the Client is taking classes with the Studio and five (5) years after the last class taken by the Client.

10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Washington & Idaho, United States. The confidentiality provisions of this Agreement shall remain in full force and effect at all times in accordance with the terms of this Agreement. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.

By signing below, you acknowledge and agree to the terms of this Non-Disclosure Agreement.

SOUL MAGIK STUDIOS • TLF RESERVES THE RIGHT TO DENY OR REVOKE ACCESS TO ANYONE FOR ANY ACT DEEMED INAPPROPRIATE OR UNSAFE.

Terms of Use & Privacy Policy

Medical Information

**If pregnant or have any serious medical conditions, you must bring your doctors note with permission to attend classes**

(This info is to help us &/or paramedics help you in any emergency & is kept confidential).

Emergency Contact

Participant Information