Purchase Agreement.Terms of Service.Waiver.

Purchase Agreement/Terms of Service/Waiver – Thrive Studio, LLC

This Purchase Agreement (“Agreement”) is entered into between Thrive Studio, LLC (“Studio”) and the undersigned client/member (“Client”). By purchasing any membership, class package, or service, Client agrees to the terms below.

1. Purchases & Payments

  • All sales of memberships, class packages, and single sessions are final and non-refundable, except where required by law.

  • Memberships are non-transferable and may only be used by the purchasing Client.

  • Expiration dates apply to class packages and promotional offers; unused sessions expire after the listed timeframe.

  • Thrive Studio, LLC may adjust class schedules, instructors, and offerings at its discretion.

2. Payment Terms

  • Payment is due in full at the time of purchase unless otherwise stated in a written agreement with Thrive Studio, LLC.

  • Clients authorize Thrive Studio, LLC to process payments through the payment method on file for recurring memberships, auto-renewals, or outstanding balances.

  • Declined or failed payments must be resolved within the grace period stated in the Client’s membership agreement. Accounts not brought current may be suspended until payment is received.

  • Late or returned payments may be subject to additional fees as set forth in Studio policy.

  • Refunds are not issued for missed classes, late cancellations, or unused sessions, unless otherwise required by law.

3. Cancellations & No-Shows

  • Clients must cancel class reservations within the stated cancellation window (e.g., 8–12 hours before class).

  • Late cancellations or no-shows may result in the loss of a class credit or a fee, as outlined in Thrive Studio, LLC’s policies.

4. Assumption of Risks

  • Client acknowledges that participation in fitness activities, including but not limited to classes, training sessions, and the use of Studio equipment, involves inherent risks of injury, illness, accidents, and other hazards.

  • Such risks may include, but are not limited to, muscle strains, sprains, falls, equipment malfunction, dehydration, and in rare cases, more serious conditions such as cardiac events.

  • Client voluntarily chooses to participate in these activities with full knowledge and acceptance of the risks involved.

  • Client is solely responsible for monitoring their physical condition during participation and agrees to stop or modify participation if they experience discomfort, pain, or injury.

5. Risks & Waiver of Liability

  • Client releases and holds harmless Thrive Studio, LLC, and all other individuals, organizations, sponsors, promoters, operators, hosts, instructors, associations, schools, owners, officials, directors, employees, and other participants connected with the event from all losses, damages, injuries, causes of actions, claims, or complaints in the events that the participant is damaged or injured in any way during the participation, instructions and or performance of any exercise during the lesson/class.

6. Scope of Release

  • The release of liability in this Agreement applies to any and all claims, demands, or causes of action arising out of participation in activities, use of Studio facilities or equipment, or presence on Studio premises.

  • This release includes, but is not limited to, claims for personal injury, illness (including exposure to contagious diseases), property damage, or wrongful death.

  • The release applies regardless of whether the alleged harm is caused by the ordinary negligence of Thrive Studio, LLC, its owners, employees, contractors, or agents.

  • This scope of release is intended to be as broad and inclusive as permitted by law.

7. Conduct & Policies

  • Clients must follow Thrive Studio, LLC rules, respect instructors, staff, and fellow members.

  • Thrive Studio, LLC reserves the right to revoke memberships or class access without refund if a Client engages in unsafe, disruptive, or disrespectful behavior.

8. Guests and Invitees

  • Clients may invite guests to participate in classes or events only with prior approval from Thrive Studio, LLC and subject to guest fees, waivers, or other requirements.

  • Guests and invitees must complete a liability waiver before participating in any activity.

  • Clients are responsible for informing their guests of all Studio rules, policies, and requirements, and ensuring compliance.

  • Thrive Studio, LLC is not liable for the conduct, actions, or injuries of guests or invitees, and Clients assume responsibility for any damages or violations caused by their guests.

9. Medical Consent

  • Client affirms that they are physically capable of participating in fitness activities and have either been cleared by a physician or chosen to participate at their own risk.

  • Client agrees to disclose any relevant medical conditions, injuries, or physical limitations to Thrive Studio, LLC prior to participating.

  • In the event of an emergency, Client authorizes Thrive Studio, LLC staff to seek medical treatment on their behalf and agrees to be responsible for any associated costs.

  • Client acknowledges that Thrive Studio, LLC does not provide medical advice or diagnosis and participation is undertaken voluntarily.

10. Photography & Videography Consent

  • Client acknowledges and agrees that Thrive Studio, LLC may occasionally photograph, film, or record classes and events for marketing, training, or promotional purposes.

  • By participating, Client grants Thrive Studio, LLC the unrestricted right to use their image, likeness, and voice in such materials without compensation.

  • Clients who do not wish to be recorded must notify Thrive Studio, LLC in writing prior to participation.

11. Auto-Renewal (if applicable)

  • Certain memberships may automatically renew at the end of the term unless Client provides written notice of cancellation within the required time frame (e.g., 30 days).

  • Renewal terms and pricing will be disclosed at the time of purchase with Thrive Studio, LLC.

12. Terms & Termination

  • This Agreement remains in effect for the duration of the Client’s membership, class package, or service purchase.

  • Client may terminate their membership or package in accordance with the cancellation policies outlined at the time of purchase.

  • Thrive Studio, LLC reserves the right to terminate this Agreement and revoke access if the Client:

  • Fails to comply with payment obligations,

  • Violates Studio rules, policies, or code of conduct, or

  • Engages in unsafe, disruptive, or unlawful behavior.

  • Termination by Thrive Studio, LLC may result in the forfeiture of unused sessions or membership time without refund.

13. Governing Law

This Agreement shall be governed by the laws of the State of South Dakota.

14. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced with a valid provision that most closely reflects the original intent of the Agreement.

15. Final Acknowledgment & Responsibility

  • Client affirms that they have carefully read this entire Agreement, understand its contents, and sign it knowingly, voluntarily, and with a clear mind.

  • Client agrees that they are solely responsible for any costs or damages related to injuries sustained while participating in Studio activities, including but not limited to medical bills, treatment expenses, and rehabilitation costs.

  • Clients under the age of 18 are not permitted to sign this Agreement. A parent or legal guardian must review, approve, and sign on their behalf for participation to be permitted.

Acknowledgment

By signing below (or completing purchase online), Client acknowledges that they have read, understood, and agreed to this Agreement with Thrive Studio, LLC.