LIABILITY WAIVER: AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK

By attending training sessions online and/or in-person, classes, events, activities, and other programs (the “Sessions”) and using the premises and/or facilities whether virtual or in-person (the “Studio”) rented, owned and/or operated, whether in-person or a virtual setting, by Smile and Flow Pilates, LLC (“Smile and Flow Pilates”), You the undersigned acknowledge on behalf of yourself, your heirs, your personal representatives and/or assigns, that there are inherent risks association with the Sessions and Studio and that You assume such risks.

You understand and are aware that strength, flexibility, and aerobic exercise, including the use of fitness equipment (that You either own or are using during a Session, owned by Smile and Flow Pilates or a third-party) while largely beneficial for your physical and mental wellbeing, are also potentially hazardous activities, more so in an or remote training environment. You will, at all times, use all reasonable efforts to ensure your own physical safety. You shall comply with all stated and posted safety rules, as well as verbal instructions given to you by a Smile and Flow Pilates instructor, regardless of if the instructor is physically present or if You are receiving instruction online via virtual training or live streaming. You also understand that fitness activities involve the risk of injury, and that You are voluntarily participating in these activities, and using equipment, knowing the dangers involved. You agree to assume full responsibility for all injuries which are sustained or aggravated by You in relation to the Sessions, either training virtual or in-person, and with or without an instructor present and supervising.

You understand that equipment used in fitness instruction can be dangerous if used improperly. You agree that Smile and Flow Pilates is not responsible for any injury You sustain due to defects or damages in equipment used while under the supervision of Smile and Flow Pilates (whether owned and/or mainlined by Smile and Flow Pilates) or for defects, damages, or lack of maintenance in your personally owned equipment, or equipment you may use.

You declare yourself to be physically sound enough to participate in a Session with Smile and Flow Pilates and, if applicable, You have been cleared by a medical professional to begin, or continue participating in, physical activities, such as those of the Sessions. You have not been advised by a medical doctor to avoid physical activity like that of a Session and assume all responsibility and risk for participating in activities to which You have been advised against. You do not suffer from a condition, impairment, disease, infirmity, or other illness that would prevent your participation, or use of equipment, except as noted by Smile and Flow Pilates; in this instance You will notify a Smile and Flow Pilates instructor, and your Session will be modified accordingly. You agree to notify Smile and Flow Pilates immediately of any change in medical condition, including pregnancy. You acknowledge and agree that if You are pre-natal/postpartum, You increase the risk to yourself and, if applicable, your unborn child. In participating in a Session, You assume all associated risks to yourself, and if applicable, your unborn child.

You agree that if, during a Session or immediately after, You experience any symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, whether or not you are under direct or physically present supervision of an instructor, You will immediately stop exercising, and if possible, notify said instructor of your symptoms. You authorize any representative of Smile and Flow Pilates to obtain emergency medical transportation and treatment for You if necessary.

In consideration of your participation in and access the Sessions and Studio, You release, indemnify, and hold harmless Smile and Flow Pilates, its direct and indirect parent, subsidiary, affiliates and entities, and each of their respective officers, employees, contractors, representatives, and agents, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Sessions, use of the Studio (including ingress and egress to the Session space, whether public or private property), or training with Smile and Flow Pilates in any way.

If participant is under 18 years old, You the undersigned attest that You are a parent, guardian, or other legal representative on behalf of the participant. You understand that by signing this Agreement and allowing their participation in the Sessions, You are releasing, indemnifying, and holding Smile and Flow Pilates harmless in all ways, the same as if You were a participant, as described above. 

TERMS OF SERVICE

Effective Date: November 2024

This Terms of Service (the “Agreement”) is between You, the user and client, and Smile and Flow Pilates, LLC (“Smile and Flow Pilates”).

I. PAYMENT POLICIES, MEMBERSHIP INFORMATION:

1 – PAYMENT POLCIES: All “Sessions” including private, duet, and small groups, are reserved and paid for in advance through Smile and Flow Pilates’s online booking system, via a third-party integration with Momence (the “Site” or “Sites” interchangeably). Purchases are not eligible for transfer, exchange, or refund; packages cannot be shared between clients.

Account: Upon your first purchase of the Services, or first use of the Site, You will be prompted to create an account (the “Account”) with Smile and Flow Pilates via third-party hosting platform Momence. Your Account is protected via password and where You will purchase and book certain Services, access certain purchased products, and securely store credit card information.

All fees and charges (including any taxes and late fees, as applicable) may be charged to a valid and up-to-date debit or credit card on file, as further described below. As some services require auto-billing for continued monthly access, You agree to maintain valid credit card information as part of your Account information when applicable.

Payment Processor: Payments made on the Sites are processed by the third-party payment processor via Momence. You must store a valid and up-to-date debit or credit card on file within your Account for: (1) incidental charges such as late-cancel fees, (2) ease of transaction, (3) for enrollment in the Membership which does require a credit card on file to enroll, and/or 4) recurring payments for Services on a payment plan. In such event that an incidental charge needs to be made the cardholder and account holder gives permission to Smile and Flow Pilates to charge the card on file. Site. Additionally, the cardholder and account holder may give permission to Smile and Flow Pilates to charge the card for auto-renewing and auto-debiting memberships.

Session and Package Expiration: A “Package” refer to ay purchase of a pre-determined allotment of Sessions to be redeemed at Smile and Flow Pilates in a specific time frame. Unless otherwise specified, Packages are not subject to autorenewal. All Session credit and Packages expire, as described on the Website, from the date of purchase, unless noted otherwise in the description at the time of purchase. You are responsible for noting all expiration dates; Smile and Flow Pilates will not send reminders or follow-up. Remaining credits at the expiration will be forfeited and will not roll-over or be converted into Smile and Flow Pilates credit.

Package Policies: By purchasing a Package of Sessions with Smile and Flow Pilates You agree that: (1) Packages are not shared or transferable between members, unless expressly agreed upon by Smile and Flow Pilates ownership in writing; (2) expiring Packages may not be extended, transferred, refunded, shared, or frozen (3) Smile and Flow Pilates will not adjust or extend Packages due to accidental bookings or the acts or omissions of clients. The expiration date set on an expiring Package is the date on which the Sessions in the Package may no longer be used; and (4) Clients purchasing Packages do so with the express understanding of these terms and agree to be bound by such.

Teams and Teams Discount: “Team(s)” are a group of 2-4 individuals who commit to regular, weekly classes together. Team members are eligible for a discount on class packages and the online Membership for as long as the Team is participating in the in-studio class or online Membership.

Refund Policy: It is Smile and Flow Pilates’ intention for You to be happy with your participation and education in the services. Due to the extensive time, effort, preparation, and care that goes into creating and/ providing the services,all sales are final, and no refunds will be provided, unless otherwise provided by law.

Chargeback Policy: You agree that You will not issue a chargeback for any payment made as You are fully aware of the Refund Policy. Should You attempt to issue a chargeback with your financial institution, this Agreement will automatically terminate for a material breach of the terms, regardless of whether the attempt is successful or not. You will lose all access to all credits purchased from Smile and Flow Pilates.

2 – MEMBERSHIP

Summary: Smile and Flow Pilates offers a “Membership” which refers to a renewing monthly commitment to certain classes. Memberships are billed monthly, automatically renew monthly on the same date of Membership purchase and have no minimum commitment.

Membership Cancellation: Your Membership will continue to renew each month until cancelled in your Account. You must cancel your Membership prior to the subsequent billing date to avoid future charges. Failure to timely cancel will result in an auto-renewal. When You cancel prior to the next billing date, You still maintain access to the Membership through the end of your billing cycle. If You do not cancel prior to your billing date You will be automatically billed, with no refund, for the subsequent month and continue to have access until your next billing date, at which point your Membership will be considered cancelled and You will not be billed further.

Auto Debit: You authorize Smile and Flow Pilates to, on the same of the day of each month of the membership, automatically charge the debit or credit card account You specified, for the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Smile and Flow Pilates will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. Smile and Flow Pilates may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. Smile and Flow Pilates cannot be held responsible for errors in processing due to expired or inaccurate information; and (3) Smile and Flow Pilates is not responsible for any bank overdraft fees that may occur.

II. RESERVATIONS AND CANCELLATION POLICIES

1 – RESERVING SESSIONS: You are solely responsible for the booking and canceling of your Sessions. You may schedule on the Sites and/or via your Account and must have a pre-purchase Session, Package, or Membership to secure a reservation.

2 - CANCELLATIONS, RESCHEDULING, LATE-CANCEL POLICY: All Sessions must be cancelled at least 24-hours prior to the start time. If you do not cancel or reschedule before the 24-hour cancellation window closes, or You no-show, You will lose your Session credit. Note there are no refunds for a timely cancelled Session; your Account will be credited for the Session only.

Note that classes offered through the Membership are live stream ONLY with no replay; if You are unable to attend You simply miss the class.

Cancellations and reschedules may be done online only via (1) your Account, or (2) the confirmation email sent at the time of booking. Cancellations via texting, Facebook messenger, Instagram, and other social media platforms are not valid forms of cancellation, and You will be charged if the booked session or class is not properly canceled outside the cancellation window.

In the event of an emergency on their part, Smile and Flow Pilates reserves the right to move any Session to another mutually agreeable time, or to cancel it outright. In this rare instance that Smile and Flow Pilates must do so, You will not be charged for the changed, and You will be promptly rescheduled.

3 – LATE ARRIVALS: You are expected to arrive to any scheduled Session on-time, and ready to begin. Accordingly, if You arrive late to your scheduled Session, it is within the discretion of Smile and Flow Pilates instructor whether to proceed. In the instance that your instructor proceeds with the Session, your time will not be extended due to your tardiness and the Session will end at the scheduled time. In the event any client is so late that it is not feasible to proceed with the Session, the tardiness will be considered a “no-show”, and the fee will be considered redeemed.

III. STUDIO POLICIES

1 – STUDIO POLICIES: You consent to receive electronic notices from Smile and Flow Pilates pertaining to Sessions which You are registered for, and general studio information. Smile and Flow Pilates is not responsible if you do not read the notices.

Studio Guests: For safety purposes, and in accordance with local laws, guests, children and pets are not permitted in the studio during Sessions.

Workout Attire, Grip Socks: All clients are asked to wear workout gear to the Session. No jeans, attire with metal accessories, or large zippers are allowed on the equipment. For your safety, and to protect the integrity of the equipment,  grip socks are required.

2 – CODE OF CONDUCT: Smile and Flow Pilates is committed to providing an environment that is free from disrespectful and offensive behavior, and that is safe space for all individuals. Accordingly, harassment, inappropriate, or discriminatory behavior by clients, and/or continued disruptive or incendiary behavior, as determined in the sole discretion of Smile and Flow Pilates, will not be tolerated. Smile and Flow Pilates has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of a training relationship without refund to any client engaging in unacceptable behavior.

3 – MEDIA RELEASE: You grant Smile and Flow Pilates, its representatives, employees, agents and/or assigns the right to take digital recordation of You and your property while engaging with and/or interacting with Smile and Flow Pilates and/or participating in a Service with Smile and Flow Pilates, and to use and publish these photos or videos in print and/or electronically.

By agreeing to be filmed, photographed, and/or otherwise documented by Smile and Flow Pilates, You, on behalf of yourself, heirs, representatives, executors, and assigns, irrevocably grant Smile and Flow Pilates the absolute and unrestricted right and permission throughout the universe and forever to copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit by any and all uses such content, with or without my name, without compensation, for any lawful purpose, including but not limited to: publicity, illustration, advertising, and web content.  You further agree that Smile and Flow Pilates is the lawful owner of all digital files, and accordingly, waive any right that You may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein your likeness appears, or the use of which may be applied.

4 – STUDIO CONSIDERATION, ANIMAL ALLERGIES: You understand and agree that to access Smile and Flow Pilates’s studio You will traverse public and private property, may encounter uneven pathways, and will need to climb stairs. Your participation in a Session includes ingress and egress, as defined in, and governed by the terms of both this Agreement and the Liability Waiver. You further understand and agree that the Studio is home to pets (cats and a dog) and that your participation will not be hindered by a feline or canine allergies or phobias. If You do suffer from any allergies, You will notify Smile and Flow Pilates immediately.

IV. Personal Responsibility, Disclaimer & Release of Claims

1 – Personal Responsibility and Assumption of Risk: You acknowledge that You take full responsibility for yourself, and all choices, actions and/or decisions made before, during and after your participation in the Sessions. You knowingly assume all the risks of the Sessions related to your use, misuse, or non-use of the Services or any of the related materials. You understand and agree that you are solely responsible for your results.

2 – RELEASE OF LIABILITY, INDEMNIFICATION: You agree that Smile and Flow Pilates will not be held responsible in any way for the information that You request or receive through the Sessions, nor will Smile and Flow Pilates be responsible for how You use and apply the information that You request or receive through the Services. You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release Smile and Flow Pilates, in its individual capacity and legal capacity, and each of Smile and Flow Pilates companies’ principles, shareholders, officers, directors, employees, agents, successors, beneficiaries and assigns from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that You ever had, now have or may have against Smile and Flow Pilates in the future that may arise from your participation in the Sessions and/or Services, including all services and products to the extent permitted by applicable law.

V. TERMS AND CONDITIONS:

1 – DESCRIPTION OF SERVICES: Smile and Flow Pilates brand includes but is not limited to live, in-person group and private session Pilates workouts hosted in our studio; online workouts; workshops; educational programs and events; free and paid online resources; a website and related third-party sites; social media platforms; and other distribution platforms (collectively, the “Services”).

These Terms of Service are applicable to all users of Smile and Flow Pilates through its website www.smileandflow.com and related domains, sub domains, and mobile and desktop applications (individually and collectively the “Website”). These Terms govern your use of and interaction with the Sessions, Site, and Website (including all functionalities, features, streaming services, audio, visual, written media, downloaded content from the Sites), web links and user interfaces, and all content and software as provided by Smile and Flow Pilates.

2 – ACCEPTANCE OF TERMS: The Website and Site are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use, as defined below, constitutes your agreement to all such of these terms, conditions, and notices. Smile and Flow Pilates has the right, at its sole discretion, to modify, add, or remove any terms or conditions without notice or liability to You. The Services provided by the Site and Website are made available for your personal, non-commercial use only.

3 – REGISTRATION INFORMATION: The Website, Site, and Sessions are not directed at children under eighteen (18) years of age, unless explicitly marketed as such. By providing information about yourself to Smile and Flow Pilates You are representing that You are eighteen years of age or older OR have a parent/guardian’s approval and supervision if You are 13-18 years old, and that You, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

In such event that any Session is specifically created for a child of any age, the Session will be expressly described as such, the parent/guardian must agree to these Terms and those of the Liability Waiver, and depending on the age of the participant, the parent/guardian must also be present and/or participate.

You also agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on our Website and Site and especially when creating your Account, as defined below; and (2) maintain and promptly update your Account information to keep it true, accurate, current, and complete.

If You provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Smile and Flow Pilates reserves the right to suspend or terminate your Account and refuse any and all current or future use of the Session (or any portion thereof) at any time.

4 – USER INFORMATION; PASSWORD AND SECURITY: You are solely responsible for the information You input or upload (including ensuring it is current and accurate) and represent and warrant that You have the right and authorization to register for the Website, Site, and Sessions. Your Privacy Rights are set forth in our Privacy Policy located on the Website.

5 – PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, such as access to your Account, You will need a username and password. You agree to keep this information confidential and not share it with anyone else. For purposes of these Terms “sharing” also refers to live streaming the Services with any non-members, who are receiving the benefits of the Services without payment.

If Smile and Flow Pilates has reasonable grounds to suspect that You (1) have shared your username and password with anyone else, (2) used the materials and Sessions in a way contrary to what is intended and/or agreed upon; and/or (3) shared, disseminated, provided access to, forwarded, or in any other way made known to a non-purchasing user copyrighted materials such as video recordings, digital downloads, workbooks, or any other protected content, Smile and Flow Pilates will automatically terminate Your Account, and refuse all current or future use, without refund.

6 – HOSTING PLATFORM: Smile and Flow Pilates is hosted by and integrated with the following third-party platforms, who are responsible for all login/account information and payment transactions: Momence. In the event of technical issues with your Accounts, Smile and Flow Pilates refers You to Momence’s support. Smile and Flow Pilates does not have access to your Account details. If You would like more information regarding Momence’s Terms and Conditions and Privacy Policies, including how they collect and store information, Smile and Flow Pilates encourages You to visit their website.

7 – GOVERNING LAW, DISPUTE RESOLUTION: This Agreement is governed by the laws of the State of Washington, United States, and You hereby consent to the exclusive jurisdiction and venue of courts in Spokane County, Washington, United States. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Washington, Spokane County, before one arbitrator.

Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Governing Law paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

8 – MISCELLANEOUS

Mutual Non-Disparagement: Should You have any questions or concerns about the Services or Smile and Flow Pilates, You agree to contact Smile and Flow Pilates directly rather than to publicly make any negative or critical comments about the Services or business through social media, public forums, or otherwise. The parties agree not to communicate with any other individual, company, or entity in a way that is harmful or disparaging to the other, whether actual or perceptual, or to do or say anything that is injurious to each other’s reputation, including about the Services and/or Smile and Flow Pilates business, employees, contractors or agents, or other participants. In arbitration or when required by law, Parties are not prohibited from publicly sharing our thoughts and opinions

Notice: All correspondences or notices regarding the Services shall be made to each Party via e-mail at  melissa@smileandflow.comand to You at the e-mail address You provided during your enrollment in the Services and/or the email address in your Account. Should your e-mail address, billing information, or contact information change, it is your responsibility to update the information in your Account within 3-days, preferably sooner, of any change to avoid miscommunications.

Force Majeure: In the event that any cause beyond reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for Smile and Flow Pilates to perform any responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, Smile and Flow Pilates is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill the responsibilities and obligations.

Contact: If you have any questions or concerns about this policy or any Smile and Flow Pilates Services, products, or features, please don’t hesitate to contact us at: melissa@smileandflow.com.

Today's date: February 17, 2026