Terms of Service + Safety
When joining as a member you are agreeing to a 3 or 4- billing cycle (4 weeks) minimum membership (depending on which membership). You agree for your credit card to be automatically charged your monthly membership rate every 4 weeks. Unused classes in the 3 and 4 class/mo membership do not rollover and cannot be refunded. You are allowed ONE late cancel per month at no charge and then you are charged $10 per late cancel for each missed class.
You agree that your membership may be able to be frozen for a fee and it cannot be canceled online. You must contact Molly@BabyBootyWorkout.com for membership questions.
Prior to starting any type of exercise please consult your doctor. Throughout the class, we will call out modifications, but we ask that you listen to your body and make the appropriate suggested adjustments for you and your baby to safely perform the workout.
By taking a Baby Booty® class you understand the risks of physical injury involved in participating in the fitness class for both yourself and your baby (or the baby that you will be bearing), or any baby or child in your care while in our studio. We do ask that if a child not your own is in your care that you have written permission from the parents to attend a class with you and that they agree to our terms. You are responsible for monitoring your own health and your baby’s/toddler’s throughout the Baby Booty class. If any unusual symptoms or conditions should occur, you will immediately cease participation in the class until medical advice has been acquired which authorizes you to resume participation.
By agreeing to this waiver you assume all risks of such exercise and further agree to release and hold harmless Molly Brubaker and Baby Booty LLC of any and all claims, suits, losses, or related causes of action for damages to yourself or your baby, including but not limited to injury, death, accidental or otherwise during or arising in any way from the Baby Booty class. You will also monitor your baby’s whereabouts in the studio and will not hold the studio or Baby Booty responsible for any injury incurred from the studio, another child, or its equipment. Please note that we sometimes take pictures during or after class to use for marketing purposes. If you do not want yourself or your baby in a picture just let the instructor know.
The above agreement pertains to any Baby Booty class taken at:
Baby Booty studio 449 Forest Ave Suite 201, Portland, ME 04101
Baby Booty studio 88 Bridge St, Dedham, MA 02026
If you have any questions about the class, the exercises, or anything Baby Booty related please reach out to Molly@BabyBootyWorkout.com and we are happy to give you more details.
If you will be taking your Baby Booty class at 449 Forest Ave Suite 201 Portland, ME or 88 Bridge St. Dedham, MA 02026 you agree to the following.
RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND SOCIAL MEDIA LICENSE The individual agreeing to this waiver desires to participate in strength and conditional training and the use of facilities, premises, or services (the “Activity”) provided by Baby Booty, LLC, a Maine limited liability company with offices Located at 449 Forest Ave Suite 201 Portland, ME 04101 and 88 Bridge St. Dedham, MA 02026 (the “Club”). As lawful consideration for being permitted by the Club to participate in the Activity, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE CLUB. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO
ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE CLUB 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 Club, and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, death or property damage arising out of or attributable to my participation in the Activity, whether arising out of the negligence of the Club or any Releasees or otherwise. I covenant not to make or bring any such claim against the Club or any other Releasee, and forever release and discharge the Club and all other Releasees from liability under such claims. I shall defend, indemnify and hold harmless the Club 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 and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by indemnified party, arising out or resulting from any claim of a third party related to the Activities.
The Club is not responsible for lost or stolen articles. I will keep any valuables with me at all times while using the facilities. Storage space or lockers do not always protect valuables. Consequently, by executing this Agreement and any accompanying documents, I hereby agree to assume all responsibility for my property and that of any of my dependent(s) and to ensure that property against risk of loss. By the execution hereof, I expressly, on behalf of myself and any of my dependents, do hereby knowingly agree to forego, waive, release, and give up any right to institute any claim or action against the Club relating to lost or stolen property, including property lost or stolen due to the negligent act or omission of the Club. I agree to indemnify pursuant to the terms of this Agreement and save the Club and all of its personnel harmless from any action, claim, suit, or subrogated claim or suit instituted at any time hereafter against the Club related to the theft or loss of my or my dependents’ property at the Club. The Club shall be indemnified pursuant to the provisions of this Agreement by me for all costs, expenses, fees, including attorney fees, incurred by the Club or its personnel by reason of any such action. I hereby represent, warrant and covenant that (a) that I understand that use of the Club premises, facilities, equipment, services and programs includes an inherent risk of injury to my person and property; (b) that I am in good physical condition and have no disabilities, illnesses, or other conditions that could prevent me from exercising and using the Club’s equipment/facilities without injuring myself or impairing my health; and (c) that I have consulted a physician concerning an exercise program that will not risk injury to myself or impairment of my health. I further understand that the foregoing warranties, representations, and covenants are an integral part of this Agreement and are the basis of which the Club will provide the Activity. Any falsification of foregoing representations constitutes a material misrepresentation of my capability of performance of my obligations under this Agreement.
I further grant the Club an unlimited license to use my likeness and any pictures of that the Club may take of me engaging in the Activities for promotional and social media material belonging to the Club. If I do not wish to grant such a license, I will email Molly@BabyBootyWorkout.com
This Agreement constitutes the sole and entire agreement of the Club 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 Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Club and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Maine and Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the State of Maine or any other jurisdiction). Any claim or cause of action arising under this Agreement shall be resolved in at least four hours of mediation in accordance with the Mediation Procedures of a selected Mediator, which mediation shall occur in Portland, Maine, or Dedham, MA. This mediation procedure shall occur within ten (10) business days of one party notifying the other of a dispute. I agree that I shall bear the sole cost of the mediation. In the event that a dispute shall arise between the parties to this Agreement that is not resolved in accordance with the mediation process described herein, then such a dispute shall be submitted to arbitration in accordance with the Maine Arbitration Act. This arbitration procedure shall be scheduled as soon as is practical after failure to successfully mediate, but in no event longer than 30 days. The decision of the arbitrator shall be final. I agree that I shall bear the sole cost of any such arbitration.
BY AGREEING TO THIS WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE CLUB, Baby Booty LLC or Molly Brubaker.
Safety
Parent & child safety is a priority at Baby Booty.
Please be mindful of your own child’s whereabouts and their behavior throughout the class. When needed, our team may step in to remove a child from an unsafe activity or situation.
Our team will do their best to survey the room throughout the class, but we are not responsible for injury from the studio space, equipment ,or from another child. We do not operate under the same responsibilities nor have the same insurance as a day care. Should anyone get injured there is a first aid kit available.
If it is a medical emergency please call 911.
Parents/caregivers exercise at their own risk. We will provide variations on all movements based on fitness level and/or your pregnancy or postpartum journey. We require all birthing parents be cleared by their doctor for exercise after giving birth.
This is all outlined in our liability waiver (above) which has to be signed (you check it off when signing up) in order to be able to sign up for any class on our website. Contact Molly@BabyBootyWorkout.com with any questions.