SERVICE AGREEMENT

Welcome! 

The following Service Agreement (the “Agreement”) clearly communicates our expectations in working together. If you have any questions, please raise them before signing to ensure we are all on the same page moving forward.


In exchange for agreeing to work together with Hourglass, you agree to be bound by the following conditions.


Contractual Terms


  1. Parties. This Agreement is made between Hourglass Studio Boca LLC, a limited liability company operating in the State of Florida  (“Hourglass”, “we”, “us”, and “our”) and you, the undersigned (electronically or by hand) or the person who has clicked “I Agree” (or something similar) to this Agreement (“you” and “your”).

  2. Registration. Hourglass Studio Boca LLC is registered with the State of Florida Department of Agriculture and Consumer Services as a Health Studio Facility, Registration Number [HS Number


  1. Our Commitment to You. We promise to provide you with group fitness instruction services, as outlined in Schedule “A” Services (the “Services”). In order to provide the best possible experience, we will do the following:


  1. It is our goal to help you achieve and exceed your personal wellness goals. With this in mind, we will strive to provide you with the highest quality group fitness instruction Services to exceed your expectations. 


  1. Our one-on-one programs will be customized to your unique individual needs, goals and abilities, while group programs will consider the current level and general fitness profiles of registered participants. 


  1. We value communication, so we will clearly communicate with you about any preparation instructions, follow-up information, or scheduling details related to your Services.


  1. We are committed to providing an elite fitness experience designed for results and longevity. You can expect professional instruction from Hourglass-certified professionals who prioritize your safety and progress in every session. Within our walls, you can expect a positive atmosphere that motivates you to push past your limits; consequently, you should also expect to sweat a lot. Our mission is to ensure you live a healthier life by providing the tools and community support needed for you to be the best version of yourself. Above all, while the work is intense, you can expect to have fun as you achieve your goals.


  1. Qualifications. Collectively, we hold the following professional qualifications and certifications: National Academy of Sports Medicine (NASM) Certificate, Hourglass Step and Sculpt Certification, and Stott Pilates Certification.


  1. Scope of Practice. 


  1. Here is what we will be doing together: We provide group fitness instruction. 


  1. Here is what we will not be doing together: We do not diagnose, treat, or claim to cure any condition, injury, or illness. 


  1. Scope of Practice/Not Professional Medical Advice. Please note that we have only the qualifications listed above, and the scope of our practice is to work with you to raise awareness and promote best practices for your general health and wellness. We do not provide professional medical advice, and we highly recommend you seek professional medical advice if you feel you have a disease that must be diagnosed or treated.


  1. What We Expect of You. Just as you invest in us, we also invest time and energy in you. For you to gain the most from the Services, here is what we expect of you:


  1. Respect. Show kindness and respect to all staff and participants. We have a strict zero-tolerance policy for bullying; maintain a positive attitude toward instructors and fellow customers at all times.

  2. Time Integrity. Commit to your wellness by arriving on time. Please note that doors close 10 minutes after class begins. This pillar includes honoring our cancellation policy and ensuring all membership dues are paid on time.

  3. Ownership. You are responsible for your own physical, mental, and emotional well-being. This extends to the environment: please respect the equipment, return items to their proper spaces, and wipe down all machines after each use.

  4. Commitment. Dedicated participation is key to your progress. Come prepared to improve your body, which includes wearing appropriate fitness clothing and ensuring sneakers are worn at all times on the StairMaster.

  5. Communication. We expect total transparency regarding your medical history, physical limitations, and current pain levels. To help you safely and effectively, we need to stay informed about what your body is experiencing.

  6. Identification Access. If Hourglass ever requires you to furnish identification upon entry to our facility as a condition of using our services, we commit to providing you with the means of such identification.

    1. Program Description

    By opting in, you agree to receive recurring automated text messages from Hourglass Boca Studio LLC  ("we," "us," "our") at the mobile number you provided. Messages may include class reminders, order updates, account alerts, promotional offers, customer support follow-ups. Consent to receive these messages is not a condition of any purchase.

    2. Message Frequency

    You may receive up to 3 messages per week. Message frequency may vary depending on your activity and interactions with us.

    3. Message and Data Rates

    Message and data rates may apply. Charges are billed by and payable to your mobile service provider. Please contact your wireless carrier for details about your messaging plan.

    4. How to Opt Out and Get Help

    You can unsubscribe the SMS service at any time by replying STOP to any message we send you. After you send STOP, you will receive a one-time confirmation message, and no further messages will be sent. If you want to rejoin, you can sign up again using the original opt-in method or reply START. For help or more information at any time, reply HELP to any of our messages. You can also contact our support team directly at sav@bodybyhourglass.com

    5. Carrier Liability Disclaimer

    Carriers are not liable for any delayed or undelivered messages.

    Link to Privacy Policy: https://www.bodybyhourglass.com/privacy-policy 

  8. Term and Termination. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and Hourglass (the “Term”). 

    1. The maximum initial term of our agreements shall not exceed 36 months, and they may thereafter be renewed annually. All renewals will only be executed and paid within 60 days of the current Agreement’s expiration. For any agreements or session packages specifically designated as 30 days or less, the term shall not exceed 30 days, and all sessions must be utilized within that 30-day period. Renewal of short-term agreements will be processed only after the preceding contract has fully expired.


  1. You may terminate this agreement without penalty within three (3) business days of signing. If you cancel within these three (3) days, all money paid will be refunded within 30 days of receipt of the notice.

  2. You (or your estate) may terminate this agreement if you die or become physically unable to use a substantial portion of the services used from the start of the contract until the time of disability. A refund of the unused portion of the contract shall be issued within 30 days of receipt of notice. Physical disability must be established by a certification from a physician licensed under Chapter 458, 459, 460, or 461, Florida Statutes.

  3. You may terminate this agreement and receive a refund of the unused portion if this Hourglass goes out of business or moves its facilities more than five (5) driving miles from the location designated in this contract and fails to provide a facility of equal quality within 30 days. If Hourglass goes out of business, you should contact the Florida Department of Agriculture and Consumer Services (FDACS) within 60 days for information.

  4. Any notice to cancel this agreement must be provided in writing to Hourglass at 7226 Ayrshire Lane, Boca Raton, FL 33496. Once a valid written notice is received, your financial obligations to us—or to any entity we have partnered with to manage your account—will automatically conclude according to the terms of this Agreement. While we always strive for a smooth transition, we reserve the right to have the Florida Department of Agriculture and Consumer Services review the sufficiency of a notice should a disagreement regarding the cancellation arise.

  5. If it is determined that a refund is due, the amount shall be computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the term. All approved refunds will be issued within 30 days of receipt of the notice of cancellation.

  6. Hourglass shall not be deemed 'out of business' if temporarily closed for repair or renovation of the premises for: (1) up to 14 consecutive days following a sale of the business, or (2) during our ongoing ownership, for up to 7 consecutive days, not to exceed two (2) such periods per calendar year.

  7. Either party may terminate the Agreement at any time by providing 30 days advance written notice to the other party via email. However, if you terminate the Agreement before the Term is complete, you will be obligated to make all payments as outlined in Schedule “A” Services. 

  8. You can cancel your membership using the same method as your signup.  If unsure, please contact us via email sav@bodybyhourglass.com.   All cancellations will be actioned within the terms of this agreement.  Fees and penalties may apply.

  9. Hourglass reserves the right to cancel this contract immediately if the terms are violated. 


  1. Payment. Payment details and cost for the Services are outlined in Schedule “A” Services.


  1. Payment Method on File. You may elect to keep a credit card or other method on file with us. By placing a card on file, the cardholder and account holder give permission to Hourglass’s staff to charge the card for any session, auto-debit membership and cancellation fees (if applicable) accrued in accordance with the cancellation policy detailed below.


  1. Declined Charge. In the event of a declined credit or debit card when charging for monthly payments, your Services will be immediately suspended, pending your updating your payment information and paying the amount due in full.

  2. Chargebacks.  It is common for the bank or lender managing the chargeback dispute on your behalf to keep fees and administration costs, which result in a loss for Hourglass for the services already rendered.  You will also be responsible for any fees and administrative costs incurred by us arising from a chargeback issue that results in a determination in favor of Hourglass.

  3. BOND DISCLOSURE: SHOULD YOU CHOOSE TO PAY FOR MORE THAN ONE (1) MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT HOURGLASS CEASES TO OPERATE. HOURGLASS IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.

  1. Cancellations and Refunds. Integrity and keeping your word are the cornerstones of all success. With that in mind, this is how we’ve drafted our cancellation and refund policy: 


  1. Refunds. Our Services are non-refundable. In certain circumstances, we may consider deviating from this policy. These decisions will be taken on a case-by-case basis at our sole discretion.


  1. Cancellation & Reschedule Policy. Please give 12 hours hours notice if you have to cancel or reschedule, provided it is in the timeframe of this Agreement. If you give less than 12 hours hours notice, your session will not be rescheduled.


  1. Fluctuation of Payments. You understand that we reserve the right to change our prices and that in your acceptance of these new prices and continued payment, you continue to be bound to all the terms of this Agreement. We will always provide at least 30 days notice before raising any prices and will communicate with you to ensure you are aware of any changes. 


  1. No Guarantees. Hourglass cannot guarantee the success of, or any particular outcome from the Services. We promise to provide you with the opportunity and Services to support you and see you grow, but the success of the Services ultimately depends on you. 

  1. Ownership of Materials. All the content we have provided to you, including but not limited to videos, documents, and PDFs, is for your use only and may not be redistributed or re-used. 


  1. Substitute Services. Hourglass has the right to substitute services. This means that if we ever need to switch to online services or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in-person classes.


  1. Affiliate Sales.  Hourglass is dedicated to promoting products and services that will be of interest to our community. In the course of providing our Services, we may recommend, highlight, sell, or link to our affiliates’ products and services that may be beneficial to you, and, in some cases, we may receive a small commission from our affiliates. Regardless of whether we receive a commission, we will only link to products and services that we support and that we truly believe will be helpful to you. Please note that in cases where we recommend, highlight, sell, or link to health supplements or similar products, these products may not be approved by the Food and Drug Administration or other agencies.


  1. Legal Fees. You will be responsible for all legal fees incurred by Hourglass regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment).

  2. Media Release. We think you’re incredible and would love to show you off! By being a member at our studio and through your Membership, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, and audio recordings of you captured in our studio or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. Please let us know if you ever want us to stop using an image of you.


  1. Waiver. Before the Services can begin, you must sign our Waiver and Release of Liability. Please read it and make sure you understand it. You must sign both the Waiver and Release of Liability to confirm that you understand and agree to them.


  1. Force Majeure. Hourglass will not be liable for any failure or delay regarding the Services if such failure or delay is: beyond the reasonable control of Hourglass, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.


  1. Arbitration. Any controversy or claim arising out of or relating to this agreement shall be settled exclusively by binding arbitration conducted in the State of Florida or through such other arbitrator as mutually agreed upon by the parties. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award, to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this agreement.


  1. Standard Legal Things. Choice of Laws and Venue. Courts of the State of Florida retain the sole power to order arbitration, confirm any resulting award, or grant urgent relief related to the arbitration process. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by Hourglass of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Counterparts. This Agreement may be signed by any number of counterparts, each of which is an original, and all of which, taken together, constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”(or something similar), the effect of which will be the same as if we signed this Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.


Made it. Excited to do great things!


AGREED and ACCEPTED         




___________________________________
Signature 



Hourglass Studio Boca LLC

Per: Savanna Hodes, Owner



Date:______________________________     




____________________________________
Signature



____________________________________

Printed Name



Date:________________________________   

SCHEDULE “A” SERVICES


Membership Type

Cost

USD

Details & Payment Terms

Unlimited Membership

$200

  • Unlimited classes (capped at two (2) classes per day)

  • Monthly (paid on the 1st of each month).

4 Class Pack

$140

  • Four (4) classes

  • To be used within one (1) month

  • Payment is due at the time of purchase.

1 Class Pack

$30

  • One (1) class

  • Payment is due when booking the session.

Private Events

$400

  • 50-minute class (+ 30 mins setup/pack down)

  • Payment is due at the time of booking



WAIVER AND RELEASE OF LIABILITY


Welcome! Before participating in Hourglass’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us and to have you release Hourglass of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen or broken, or if anything else goes wrong. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any services. 


If you are a minor in the State of Florida or in your place of residence, your legal guardian must also sign this Waiver on your behalf. 

 

PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

 

  1. Parties. We are Hourglass Studio Boca LLC, a Limited Liability Company based in the State of Florida. In this Waiver, we will refer to ourselves as “Hourglass,” “us,” “we,”  and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your.”


  1. The Activities. As part of your services with Hourglass, you may participate, in person or online, in Step and Sculpt Fitness classes, sessions, events, workshops and more, all of which may involve but are not limited to the following (“Activities”):


  1. Step & Sculpt is a high-energy workout that combines strength and fitness training with high-intensity intervals. The session alternates between locomotor movements to increase heart rate and body-weight exercises to build functional power. This dual-focus approach incorporates core, mobility, and range-of-motion exercises to ensure a balanced, athletic physique. Between active sets, the class integrates flexibility training through Pilates positions and stretching, using resistance exercises to target each major muscle group. By blending strength exercises with dedicated breathing and relaxation exercises, this session improves overall endurance while promoting recovery and alignment. 


  1. The Activities may involve physical contact, such as adjustments or tactile cues by instructors. Please let us know in advance if you prefer no physical contact. 


  1. The Activities also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Hourglass’s facilities, including outdoors. You agree that you are responsible for the safe facilitation of the Activities happening outside of our facilities. 


  1. Equipment. In the course of the Activities, you may use a variety of equipment, which could include but is not limited to ankle weights, balance pads, ballet barre, barbells, barrels, blocks, bolsters, bosu balls, cadillacs, chairs, dumbbells, elastic bands, elliptical machines, fitness balls, foam rollers, foot corrector, gliders, free weights, gyrotonic ladders, gyrotonic pulley towers, kettlebells, magic circles, massage balls, mats, medicine balls, oov, orbit, ped-o-pul, pilates arc, pilates balls, pilates springs, pilates straps, pillows, pull-up frames, reformers, resistance bands, rings, spinal correctors, stage props, stability and rotational discs, straps, suspension bands, toe corrector, tower, treadmills, trxstepper (stair climber) (the “Equipment”). Please do not use any equipment not instructed by Hourglass. You understand that while we will do everything to reasonably maintain the equipment, it is possible that the equipment may break or fail, and the risks of any such failure may result in the risks outlined below.


  1. Please note that we may add new and different Equipment in the future in providing the Activities which will be of a similar nature as the Equipment listed above. You accept the risk of any future and similar related Equipment you may use in the future to participate in the Activities.


  1. Inherent Risks. You understand that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.


  1. Risks of physical injury may include but are not limited to, muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms and PTSD. 


  1. There is also a risk of exposure to and contraction of communicable diseases passed on via other participants and the use of shared space, surfaces, or Equipment. 


  1. If you are pregnant or post-natal, as with any physical activity, there are additional risks to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications. 


  1. Participating in the Activities online poses risks, as there is no in-person supervision or space provided. You will, therefore, need to ensure the safety of the Activities by using your judgment on how to best practice them, not pushing yourself too far and not attempting anything you feel unsure how to perform.


  1. If the Activities are performed outdoors, there are additional risks, including tripping, collisions with human or natural elements, sun exposure, dehydration, insect bites, exposure to infections, diseases, pollutants, and other environmental factors. You understand and agree that it is your responsibility to ensure a safe space and environment to perform the Activities.

 

  1. We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all.


  1. Affirmation of Health. By participating in any Activities with Hourglass, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, or are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities. 


  1. Consent to Emergency Care. Hourglass will always make every effort to contact parents/guardians or the nominated emergency contact.  If this is not possible, you authorize Hourglass to take the necessary steps to get emergency medical attention. Hourglass will not be liable for any medical costs incurred. 


  1. Voluntary Assumption of Risk. You certify that you have read this Waiver and understand the risks of participating in the Activities with Hourglass. By signing this Waiver or clicking “I Agree” (or something similar), you are showing your voluntary engagement and assumption of the risks of the Activities.


  1. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and Hourglass is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Activities.

  2. Alcohol and Prohibited Substances. You are strictly forbidden from participating in the Activities while under the influence of alcohol or any other substances that may alter your perception or ability to be present, focused and aware of your body’s pain threshold.

  3. Digital Protection & Cybersecurity. You acknowledge and accept the potential risks associated with our use of digital platforms, electronic communications, and data storage. While we take reasonable measures to protect your personal information and ensure cybersecurity, we cannot guarantee absolute security. You agree to release us from any liability for any indirect, incidental, consequential, or punitive damages or losses arising from unauthorized access, data breaches, cyber or malware attacks, or other digital security incidents. Please consult our Privacy Policy. 

  4. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Hourglass Studio Boca LLC and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with Hourglass, however caused, including as a result of the Released Parties’ ordinary negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.   


  1. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with Hourglass, whether in person, online, or via video conferencing tool. 


  1. Arbitration. Any controversy or claim arising out of or relating to this agreement shall be settled exclusively by binding arbitration conducted in the State of Florida or through such other arbitrator as mutually agreed upon by the parties. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award, to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this agreement.


  1. General Legal Provisions. Choice of Laws and Venue. Courts of the State of Florida retain the sole power to order arbitration, confirm any resulting award, or grant urgent relief related to the arbitration process. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand. 

 


You agree that you have read this Waiver and fully understand its contents. You also agree to be bound to all of its terms. 



Printed name _________________________________________________________________________




Signature ___________________________________________    Date ___________________________




Signature of parent or guardian if the participant is a minor ______________________________________