Terms & Conditions

WEL•LAM CLIENT AGREEMENT
Terms & Conditions
Liability Release & Waiver

Welcome! I’m thrilled by your decision to participate in Wellamnj, LLC classes or use our services, equipment, or studio. Your safety and comfort are of the utmost importance to me. I request that you participate only in activities that align with your physical abilities, and please notify me of any restrictions you have before starting to use our services, classes, equipment, or studio so that I can do my best to accommodate you. Please read the following information carefully and let me know if you have any questions before agreeing to these terms.

This is an agreement between you and I.

This Client Agreement (“Agreement”) is entered into by and between:
WELLAMNJ, LLC
P.O. BOX 43741
MONTCLAIR, NJ 07043
(“Wellam,” “Company,” “us” or “we”),
and
(“Client or you (and the parent(s) or legal guardian(s) of Client, if applicable)
Company and Client are collectively referred to as the “Parties.”
1. Purpose. Company will provide and Client (and the parent(s) or legal guardian(s) of Client, if applicable) will pay for Pilates Movement and/or Yoga Therapy services in accordance with the terms and conditions of this Agreement.
2. The Coaching Relationship. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, Client should promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
3. Services. As outlined on the package purchase page services include but are not limited to single session options, introductory packages, memberships, group classes, workshops, special events, and packages containing multiple sessions.
4. Payment Schedule. Payment is due in full prior to the commencement of the first session. For subsequent packages, payment is due before the first session of each new package.
5. Payment Methods. Payments can be made via cash or credit card. Cash payments are accepted for individual sessions; however, for memberships, payment must be made via credit card. Credit card payments may be subject to a processing fee of 3%.
6. Late Payment Fees. A late fee of $25 will be applied for payments not received within 7 days of the due date.
7. Cancellation Policy.
Group Classes: Clients (and the parent(s) or legal guardian(s) of Client must provide at least 24 hours' notice to cancel a class. Failure to do so will result in the class being charged in full.
Private and Semi-Private Sessions: Clients (and the parent(s) or legal guardian(s) of Client, if applicable) must provide at least 48 hours' notice to cancel a session. Failure to do so will result in the session being charged in full.
Events: Events have their own cancellation policy. Please see the specific event details for more information.
8. Expiration Policy. Each class, session and/or package comes with its own expiration date. If you exceed this expiration date, you will forfeit the session.
9. Refund Policy. Purchases are non-refundable and non-transferrable.
10. Taxes. All prices are inclusive of applicable taxes.

Release Of Liability / Assumption Of Risk:

Client (and the parent(s) or legal guardian(s) of Client, if applicable) understand:
1. In consideration of the training that I have and/or will receive from Wellamnj, LLC dba Wellam and/or from any its affiliates, principals, employees, contractors, consultants, representatives, other personnel, licensor, licensor’s affiliates, principals, employees, contractors, consultants, representatives, other personnel, and/or the like (collectively, “Company”) and for other valuable consideration, I, on my own behalf, and on behalf of each of my spouse (if any), other family members, heirs, successors, assigns and/or the like (along with me collectively referred to herein as “Releasors”) hereby release, waive, discharge and covenant not to sue Company, its affiliates and/or their respective managers, members, principals, shareholders, director, officers, employees, other personnel, agents, representatives, licensor, insurors and/or the like (hereinafter with Company, referred to collectively as “Releasees”) for any and all actual and/or threatened, direct and/or indirect, damages, liabilities, claims, demands, actions, causes of action, costs, charges, expenses, fees, and/or the like (collectively “Losses”) arising out of or related in any way to any and/or all bodily or other injuries (including, without limitation, death) and/or the like that I and/or any of the other Releasees may sustain by electing at my option to participate in any training, exercises, classes and/or the like given by and/or on behalf of Company (and/or any of his/her/its designees) (collectively, “Classes”) on and/or in any of the Company’s premises or other premises whatsoever whether or not caused by the negligence of Company, its affiliates, employees, instructors and/or its designees, myself, any other participants in the class/program, any other company employee, consultant and/or the like or otherwise.
2. I agree to seek the advice of my physician regarding any questions or concerns I have about my specific health situation. I understand that I am advised to speak with my own physician or mental health provider before starting this Training to be certain I am without significant health risks which would prevent me from participating in the Training. I agree to not disregard or delay seeking professional medical advice if I am injured, ill, or feel I am in imminent harm to myself or others, or if I experience any physical discomfort before, during or after the Training.
3. I hereby represent and warrant that I have checked with my personal physician who has authorized me to participate in the Classes. I am fully aware of any and all risks and hazards that may result from my participating in any Classes and I hereby elect to voluntarily participate in said Classes, and to enter the premises and participate in such Classes knowing that the Classes may be hazardous to me and my well-being. I agree, represent, and warrant that when participating in physical activity: I am in a safe space, free of obstructions, I am on a safe training surface, I am wearing the proper attire to do the workout, I am working out at my own risk, and if I feel uncomfortable doing any activity, I have the right to opt out. I voluntarily assume full responsibility for any and all losses, risks of losses, and/or personal and/or other injuries, including death, that may be sustained by me as a result of my participation in any of the Classes in/on any location or site, including any Classes that I may be leading, teaching and/or or otherwise participating in, regardless of the negligence, gross negligence and/or willful misconduct by Company and/or any other party and/or his/her/its designees, Wellam, its affiliates, and their respective employees, other personnel, consultants, contractors, subcontractors, and/or any other participants’ in the classes.
4. I further hereby agree to defend and indemnify each and every releasee from and against any Losses (including court costs, attorneys and/or other professionals’ fees, costs and/or expenses) that any and/or all of them may incur due to, directly and/or indirectly, my participation in any Classes.
5. It is my express intent that this Release Agreement shall bind the members of my family and spouse (if any), if I am alive, and my heirs, assigns and personal representative, if I am not alive, and that this release shall be deemed as a release, waiver, discharge and covenant not to sue the above named releasees. I hereby further agree that this Waiver of Liability shall be construed in accordance with the laws of the State of New Jersey.
6. I understand that no releasees will be responsible for any medical costs associated with any losses and/or injuries (including death) that I may sustain directly and/or indirectly as a result of my participation in any classes.
7. I also understand that I should and am urged by Wellam and its principals to obtain adequate health and accident insurance to cover any and all personal and other injuries which may be sustained by me during the any of the Classes and/or while going to/from any of the Classes.
8. I also understand and agree that I am responsible for any damage I cause to Wellam, its affiliates and their respective employees, personnel, real and personal property.
9. Consent to First-Aid or Emergency Treatment. Should Wellam observe that medical aid may be needed to assist me, I consent to Wellam calling 911 if needed and to the application of first-aid or other medical or mental health services to be applied if needed in connection with an emergency health problem or potentially harmful situation during the Training, and I agree to hold Wellam harmless as a result of any such injury or damage I may suffer due to the application of medical or mental health services or treatment. I also agree and consent that Wellam may contact my Emergency Contact as shown on the bottom of this form and share detailed information about the emergency situation.

Image/Video Release. I authorize Wellam and its affiliates, licensees, successors and assigns to use my appearance and photos in connection with any other Wellam program, video, audio, commercial or other project, of any nature, in any media, throughout the world, forever. This includes any and all recordings of my image or vocal expression while on Wellam premises or online and Wellam will be the exclusive owner of the results and proceeds of these recordings, with the worldwide right, to copyright, to use and to license others to use it in any manner, forever. I expressly waive any and all moral rights I may have in connection with my appearance. I waive any right to inspect or approve of my appearance or your uses of it. I know that you may rely on this permission so I agree not to make any claims of any kind against anyone in connection with the permissions I have given.
1. I understand and agree that all photos will become the property of the Wellam and will not be returned.
2. I hereby irrevocably authorize the Wellam to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
3. I hereby hold harmless, release, and forever discharge the Wellam from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

COVID-19 Assumption of Risk. Client (and the parent(s) or legal guardian(s) of Client, if applicable) understand:
1. Wellam takes the Coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, Wellam cannot guarantee that you, your family, or your guests will not become infected with COVID-19. It is possible that attending classes, private sessions or events at Wellam may place you in close physical contact with other clients and staff and could increase the risk that you, your family members, and/or your guests’ contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 at Wellam studios and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand the risk of becoming exposed to or infected by COVID-19 at Wellam may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, Wellam employees, independent contractors, and clients.
2. By signing this document, enrolling online, and/or attending in person classes, private sessions, events or simply entering Wellam studios/facilities, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members in connection with attendance at Wellam or as a result of participation in Wellam programs (“Claims”); and (b) covenant not to sue, Wellam, its Instructors, independent contractors, clients, and employees, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of Wellam, its Instructors, independent contractors, clients, and employees, whether a COVID-19 infection occurs before, during, or after attending Wellam studio facilities or participating in any Wellam program. Wellam reserves the right to refuse access to any Client (and the parent(s) or legal guardian(s) of Client, if applicable) if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Wellam facilities or classes. I understand that I am required to follow the instructions of the Instructor at all times. I understand that advice provided by our Instructors at no time constitutes as medical advice.

Privacy Policy. Please review our Privacy Policy on www.Wellamnj.com, which governs the Site and informs users of our data collection practices. In signing this release, I covenant, acknowledge, represent and warrant that I have read the foregoing Waiver of Liability Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent. In the event the participant is a minor, you, as the parent or legal guardian, agree to the above on behalf of yourself and your minor child. You further agree that you will observe and monitor your minor child during the course of the activity. I execute this Release for full, adequate and complete consideration fully intending to be bound by same.

Force Majeure. Coach shall not be liable for delay or failure in the performance of its obligations under this Agreement if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, inclement weather, accident, earthquakes, governmental order, pandemic or epidemic, telecommunications line failures, electrical outages, network failures, acts of God, terrorism, civil commotion, or labor disputes.
Confidentiality. The coaching relationship and any information that the Client (and the parent(s) or legal guardian(s) of Client, if applicable) shares with the Coach as part of this relationship is considered confidential (“Confidential Information”). Coach agrees not to disclose or make use of any Confidential Information, directly or indirectly, except for the sole benefit of Client, as necessary to perform the Coaching, without Client’s written consent. Coach will not disclose Client’ (and the parent(s) or legal guardian(s) of Client, if applicable) name as a reference without Client’s written consent. Coach shall not directly or indirectly disclose or make use of any Confidential Information after the term of this Agreement for any reason. Coach will use reasonable care in handling Client’s Confidential Information so that it does not enter the public domain. Coach will return all Confidential Information to Client upon termination of this Agreement.
1. Client (and the parent(s) or legal guardian(s) of Client, if applicable) acknowledges that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and communications between Coach and Client are not subject to the protection of any legally recognized privilege.
2. Coach (and the parent(s) or legal guardian(s) of Client, if applicable) may disclose Confidential Information to the extent that: (i) it becomes publicly available or known by no fault of Coach; (ii) Client grants permission for such disclosure in writing; (iii) Coach obtains the information from a third party, without breach of any obligation to the Client; (iv) disclosure is required by any court or government agency; (v) Coach reasonably believes that there is an imminent or likely risk of danger or harm to the Client or others; or (vi) it involves illegal activity.
3. In receiving Coaching, Client will have the benefit of proprietary systems, strategies and techniques developed by Coach (“Coach’s Proprietary Information”). Client acknowledges that Coach’s business relies on Coach’s ability to provide such insights to various clients. Client agrees not to disclose Coach’s Proprietary Information to any third party, directly or indirectly, during the term of this Agreement or after it ends.
Indemnification. Client (and the parent(s) or legal guardian(s) of Client, if applicable), at Client’s expense, shall release, indemnify and hold Coach and its directors, officers, shareholders, employees and agents, and the personal representatives and assigns of each, harmless from and against and all claims, suits, liability, cost and expenses, including without limitation, reasonable attorneys’ fees and expenses, in connection with any act or omission of Coach in providing Coaching and/or arising out of any Work Product, unless due to negligence of the Coach.
Severability. If any provision or portion of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect, and the invalid provision or part shall be deleted as narrowly as possible to render this Agreement valid and enforceable. If the scope of any provision of this Agreement is determined to be too broad to permit enforcement to its maximum extent, such provision shall be enforced to the maximum extent permitted by law.
Waiver. The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of New Jersey, without giving effect to its principles of conflicts of law.
Assignment. Neither Party may assign, transfer, subcontract or delegate any right or obligation under this Agreement without the prior written consent of the other party.
Entire Agreement. This Agreement shall be deemed to express, embody and supersede all previous statements, promises, inducements, understandings, agreements, or commitments, whether written or oral, between the parties with respect to the subject matter hereof and to fully and finally set forth the entire agreement between the parties. No previous statement, promise, inducement, understanding, or agreement made by any party hereto that is not contained herein shall be binding or valid.

Questions or Concerns:

If you have any questions or concerns at any time, please do not hesitate to bring them up. Honesty and openness is key to our wellness relationship.
The parties have caused this Agreement to be signed by their duly authorized representatives as of the Effective Date.

© WELLAMNJ, LLC. ALL RIGHTS RESERVED.