Flow Movement Participant Agreement

This agreement outlines the rights and responsibilities of participants in any workshop, DIY, online, or in-person course, teacher training, or certification program (collectively, the “Services”) offered by Flow Movement LLC, a Colorado state limited liability company (collectively, "Flow Movement", "we", "our", or "us").

Please review the terms and conditions set forth in this agreement (the “Participant Agreement”) thoroughly as it outlines your rights and responsibilities and is a legally binding agreement between you (the “Participant”, “You”) and Flow Movement.

If you have any questions or concerns regarding the terms set forth in the Participant Agreement, please contact info@flowmovement.net before participating in the Services.

1. AGREEMENT

By accessing the Site, clicking “I Agree”, or by using, engaging with, or otherwise accessing the Services offered by Flow Movement, either in-person or remotely, you are acknowledging that you have read, understood, and agree to be bound by and comply with the terms and conditions set forth in this Participant Agreement as well as any terms and conditions set forth in:

  • Flow Movement’s Terms, Privacy Policy, and Marketing Program Terms;

  • Any additional terms and conditions, which may include those from third parties; and,

  • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc…

If you are engaging with the Services on behalf of an entity, partnership, client, or other organization the term “you” will refer to you, your company, or your client and you represent that you:

  • Are an authorized representative of that entity with the authority to bind that entity to this Agreement and,

  • Such entity agrees to be bound by this Agreement.

If you do not agree to any of these terms, then you are not permitted to participate in, access, or otherwise use the Services.

2. PARTICIPANT OBLIGATIONS

As a participant in Flow Movement services, your role is to engage with and participate in any workshop, DIY, online, or in-person course, teacher training, or certification program offered by Flow Movement and You are responsible for:

  • Following the guidelines and instructions provided by any instructor from whom the Services are being administered;

  • Maintaining the confidentiality of any Flow Movement intellectual property provided to you as part of the Services as defined by the Flow Movement Terms; and,

  • Agreeing to the release and waiver of liability outlined in this agreement.

Additionally, the participant must comply with all policies and regulations set forth by Flow Movement, including any related to COVID-19.

3. RELEASE AND WAIVER OF LIABILITY

As a participant in the Services, You understand there are inherent risks involving various physical exercise and activities, including but not limited to: exercise training, dance training, and use of equipment, and being present at any premises wherein the above is provided you may be exposed to dangerous activities that involve inherent risks and You knowingly engage in said activities.

In consideration of being allowed to participate in the Services and to use any equipment required for participation or provided as part of the Services, You agree to the following waiver and release:

  1. You, your heirs, executors or anyone else who may claim on Your behalf, hereby waive, release and forever discharge, Flow Movement and its officers, directors, employees, agents, representatives, affiliates, and subsidiaries, and each of their respective successors and assigns, individually and collectively from any and all responsibilities or liability from personal injury, death, damage to property or loss of any kind resulting from participation in any programs or use of equipment in the above-mentioned activities.

  2. You hereby also release Flow Movement, its officers, agents, employees, representatives, executors, and all others from any responsibility or liability for any injury or damage to yourself, including those caused by negligence.

  3. You understand that strength, flexibility and aerobic exercise, including the use of equipment offered by Flow Movement or required as part of the Services is a potentially hazardous activity with certain risks and benefits some of which are included, but are in no way limited to: soft tissue injuries such as wounds, bruises, muscle strain, muscle soreness, sprains, acute strains, broken bones, head injuries, back/neck injuries, knee/foot injuries, heart attacks, death, improved cardiovascular fitness and flexibility, increased strength and muscle tone.

  4. You also understand that while some of the risks and hazards involved in participating in the Services or using equipment required as part of the Services are foreseeable, others are not.

  5. You understand that fitness activities involve a risk of injury and even death and that You are voluntarily participating in these activities and using equipment with knowledge of the dangers involved. You hereby agree to expressly assume and accept any and all risks of injury or death.

  6. You acknowledge that You have either had a physical examination and been given permission by your physician(s) to participate, or that You have decided to participate in activities and use equipment without the approval of Your physician and do hereby assume all responsibility for Your participation in activities and utilization of equipment and machinery required as part of the activities.

  7. You understand Flow Movement, its owners, employees, instructors, and/or affiliates are not medical personnel, may make no medical judgments, give no medical advice and provide no medical care or therapy.

  8. You understand that any choreography, instructional techniques, as well as the class structure contained within these classes has been created expressly for Flow Movement by its owner/creator, and fall under copyright/trademark laws as intellectual property, and may not be resold or bartered, for material gain or material profit of any kind, without expressed written permission and fair compensation to Flow Movement.

Unless otherwise provided for as part of the Services, You accept full responsibility over the location where you engage in fitness activities via the Site and you acknowledge that Flow Movement has no control over the location that you choose and that the location of participation in fitness activities involves additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration, and actions of other people.

4. WARRANTIES

Additionally, You warrant and represent:

  1. You are at least 18 years of age or have obtained parental/guardian consent;

  2. You can form a binding contract with Flow Movement;

  3. You are not a person who is prohibited from engaging with the Services under the laws of the United States, England, Wales, or any other applicable jurisdiction;

  4. You have not consumed alcohol or drugs which may affect your ability to participate in the Services;

  5. You have taken notice of and will obey all rules and regulations of the premises;

  6. That You acknowledge that the activities involved in the Services and/or at any facilities wherein the Services are provided are very dangerous and involve the risk of death, bodily injury, or property damage.

  7. You fully know and understand the rights You are waiving/surrendering;

  8. That You are waiving your rights voluntarily.

  9. That You have read, understand, and have had the opportunity to ask questions of this legal document any any other terms, policies, and additional agreements provided by Flow Movement as part of your purchase or participation in the Services and You hereby unconditionally release Flow Movement its entities, employees and instructors from any and all liability resulting from any injuries which may result from classes, instruction, parties, events and equipment.

  10. You understand that payment is required in advance of participation in the Services unless expressly provided otherwise in writing by Flow Movement.

  11. You understand that Flow Movement has no obligation to refund any purchases other than as provided for in Flow Movement’s cancellation or refund policies.

  12. You understand that You are requested to use the purchased Services within the time frame specified.

5. COVID 19

Unless otherwise stated by Flow Movement in writing, the following policies apply relating to COVID 19:

  1. All staff and students are expected to be vaccinated;

  2. We reserve the right to ask for proof of vaccination;

  3. If you are feeling sick, or presenting any symptoms of Covid 19, we ask that you not come into the studio.

  4. If we are made aware that Flow Movement or any facilities being used by Flow Movement as part of the Services has been exposed to Covid 19, we will notify everyone present in the studio at the time of exposure.

4. RESPONSIBILITIES OF FLOW MOVEMENT

As the provider of the Services, Flow Movement maintains the following rights and responsibilities:

  1. Flow Movement is responsible for providing the information and instruction necessary to participate in the Services;

  2. Flow Movement commits to maintaining the confidentiality of any participants adherent to Flow Movement’s Terms and Privacy Policy;

  3. The right to refuse service to anyone in violation of any policies, including anyone who poses a risk to themselves, Flow Movement staff, and other participants, or affiliates.

5. PROFESSIONAL ADVICE DISCLAIMER

The material provided through the Services is for educational purposes only, and you should not rely on, nor does it replace, professional medical advice, counseling, diagnosis, or treatment. For purposes of this Agreement, the practice of medicine and counseling includes but is not limited to, physical therapy, sports medicine, psychiatry, psychology, psychotherapy, or providing health-care treatment, instructions, diagnosis, prognosis, or advice.

Flow Movement makes no representations or warranties that the Services will meet your personal or professional needs. Do not disregard, avoid, or delay obtaining medical or health-related advice from your health-care professional because of something you may have read or viewed on the site or heard from any instructor, employee, or agent of Flow Movement while participating in the Services. The use of any information provided via the Services is solely at your own risk. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional.

6. GOVERNING LAW

The Participant Agreement and your use of the Site will be governed by and construed in accordance with the laws of the State of Colorado, applicable to agreements made and to be entirely performed within the State of Colorado, without resort to its conflict of law provisions.

7. DISPUTE RESOLUTION

Flow Movement and the Participant both agree to attempt to resolve any and all disputes in good faith prior to filing legal action.

If disputes cannot be resolved in good faith, the terms for resolving any and all claims and disputes as described in Flow Movement’s Terms shall apply.