Terms of Service & Waiver

The individual referenced below (referred to as “I” or “me”) desires to participate in movement activities, including but not limited to movement, yoga, strength training, breathwork, and meditation classes, (whether singular or plural, hereinafter referred to as the “Activities”) provided by Forth Studio LLC d/b/a Forth Studio Chicago, an Illinois corporation with offices located at 2871 N Milwaukee Ave, Chicago, IL 60618 (the “Company”). In consideration of being permitted by the Company to participate in the Activities and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”).

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND COULD INVOLVE THE RISK OF INJURY, PAIN, SUFFERING,  TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY TRAINING AND/OR RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.

I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company, and its directors, manager(s), employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful and wanton misconduct, or any other liabilities that Illinois law does not permit to be released by agreement.

I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers arising out of or resulting from any claim of a third party related to my participation in the Activities.

I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.

I acknowledge that this is a 18+ space, and that by engaging in Forth’s services that I am above the age of 18.

I authorize the Company to bill my credit card for purchases including but not limited to individual classes, events, and recurring memberships. I understand that to have a regular membership, I must keep an updated credit card on file. By becoming a non-unlimited member such as 4 pack per month, 8 pack per month, I understand that Forth can require minimum intervals for my membership (ie. 3 months minimum for a 4 pack per month membership). I understand that classes allotted per month do not roll over from month to month and must be used before each monthly expiration date or the classes are forfeited. I understand that the monthly memberships auto-renew, and that if no request is made to cancel then the contract will auto-renew on my start date each billing cycle. If I want to cancel my monthly membership, I understand that I must contact the Company in writing 7 days before my monthly renewal date to stop payment for the next month. I also understand that as an unlimited member, I am subject to late cancel and no show fees. Late cancels occur when cancelling a reservations less than 10 hours before the class start time, and will result in a $10 fee. If I register for class and do not come, I will be subject to a $15 no show fee. The Company does permit occasional freezes to pause unlimited memberships. I acknowledge if I want to freeze my membership, I must give 1 week notice to freeze, the freeze can last a minimum of 2 weeks and a maximum of 2 months. You can have a total of 2 months per year freezing. Freezes beyond this timeframe may require a doctor’s note. I acknowledge must reach out to hello@forthstudiochicago.com to schedule my freeze 1 week ahead of the freeze, with a clear start and end date in order to be considered for a membership freeze. I acknowledge that my membership will resume the date after the end date I provided. I acknowledge that all purchases made at Forth Studio LLC are final and non-refundable. Chargebacks on any purchases, whether for classes, memberships, workshops, or products, are not permitted except in cases of proven fraudulent activity on your account.

I authorize the Company to use and publish the photographs and videos of me in print and/or electronically in connection with the services the Company offers. I agree that the Company  may use such photographs + videos of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.

This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Cook County, Illinois and I hereby consent to the exclusive jurisdiction of such courts.

BY ENGAGING IN SERVICES BY THE COMPANY, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.