Terms of Service

Effective Date: November 17, 2025

Welcome to Bótany Athletics. By accessing our website, using our mobile app, booking classes, or participating in our services, you agree to these Terms of Service. Please read them carefully.

1. Acceptance of Terms

By creating an account, booking a class, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

2. Eligibility

You must be at least 18 years old to use our services. Members under 18 may participate only with a parent or guardian's consent and signature on their waiver.

3. Account Registration

  • You are responsible for maintaining the confidentiality of your account credentials

  • You agree to provide accurate and current information

  • You are responsible for all activities that occur under your account

  • Notify us immediately of any unauthorized use of your account

4. Memberships and Payments

Membership Types:

  • Monthly memberships auto-renew on the same day each month

  • Commitment-based memberships (6-month and 12-month) require advance notice for cancellation

  • All payments are processed through our secure payment system

Payment Terms:

  • All fees are non-refundable unless otherwise stated

  • Failed payments may result in account suspension

  • Price changes will be communicated 30 days in advance

  • You authorize automatic billing for recurring memberships

Class Credits:

  • Monthly membership classes do not roll over to the next billing cycle

  • Class packages expire according to their specified timeframes

  • No refunds or extensions will be provided for unused classes after expiration

5. Booking and Cancellation Policy

Reservations:

  • Classes must be booked through our mobile app

  • We recommend arriving 15-20 minutes before class start time

  • Late entry is not permitted once class has begun for safety reasons

Cancellations:

  • Cancellations must be made at least [X hours] before class start time

  • Late cancellations or no-shows will result in forfeiture of class credit

  • Repeated late cancellations may result in additional fees or account restrictions

Unlimited Members:

  • May book multiple classes per day

  • Must cancel unused reservations to avoid late fees

6. Membership Cancellation

  • Submit cancellation requests through our digital portal with 30-day notice

  • Commitment-based memberships (6-month and 12-month) cannot be canceled before the commitment period ends except in cases of relocation or medical circumstances (documentation required)

  • Cancellation requests will be processed within 5 business days

  • No refunds for partial months

7. Studio Conduct and Policies

You agree to:

  • Respect instructors, staff, and fellow members

  • Follow all safety guidelines and instructor cues

  • Keep mobile phones silenced during class

  • Wear appropriate workout attire (barefoot or grippy socks only)

  • Respect the privacy of other members (no photography/recording without consent)

We reserve the right to:

  • Refuse service to anyone

  • Terminate memberships for inappropriate behavior

  • Modify class schedules and programming as needed

8. Content Creators

Members who wish to record during class must:

  • Reserve a back-row spot

  • Respect the privacy of other members

  • Obtain written permission from Bótany Athletics before posting content featuring our studio, brand, or instructors

9. Health and Safety

  • You are responsible for ensuring you are physically capable of participating

  • Consult your physician before beginning any exercise program

  • Infrared heat may not be suitable for individuals with certain medical conditions

  • Notify instructors of any injuries, limitations, or health concerns

  • Listen to your body and modify or rest as needed

10. Assumption of Risk

Participation in fitness classes involves inherent risks. By using our services, you acknowledge and accept these risks. See our separate Liability Waiver for complete details.

11. Intellectual Property

All content on our website and app, including logos, text, images, and designs, is the property of Bótany Athletics and protected by copyright and trademark laws. You may not use, reproduce, or distribute our content without written permission.

12. Limitation of Liability

To the fullest extent permitted by law, Bótany Athletics, its owners, instructors, and staff shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our services.

13. Indemnification

You agree to indemnify and hold harmless Bótany Athletics from any claims, damages, losses, or expenses arising from your violation of these Terms or your use of our services.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on our website with an updated effective date. Continued use of our services constitutes acceptance of modified Terms.

15. Governing Law

These Terms are governed by the laws of the State of Kentucky, without regard to conflict of law principles.

16. Contact Information

For questions about these Terms of Service:

Bótany Athletics
Email: hello@botanyathletics.co
Response Time: Within 5 business days

Client Waiver

PLEASE READ CAREFULLY BEFORE SIGNING

This Waiver and Release of Liability ("Waiver") is a legally binding agreement between you ("Participant") and Bótany Athletics ("Studio"). By signing this Waiver, you acknowledge the risks associated with participating in fitness classes and agree to release the Studio from liability.

1. Acknowledgment of Risks

I understand and acknowledge that:

  • Participation in fitness classes, including hot mat Pilates, strength training, and HIIT classes in an infrared-heated environment, involves inherent risks including but not limited to: muscle strains, sprains, fractures, heat exhaustion, dehydration, cardiovascular stress, and other injuries or health complications

  • Infrared heat increases physical demands and may pose additional risks, especially for individuals with certain medical conditions

  • Equipment use carries risks of injury if used improperly

  • Physical exercise may be strenuous and may cause discomfort or injury

  • The Studio cannot guarantee my safety during participation

2. Medical Clearance and Health Representations

I represent and warrant that:

  • I am in good physical condition and have no medical conditions that would prevent safe participation

  • I have consulted with a physician regarding my ability to participate in infrared-heated fitness classes

  • I do not have any of the following conditions (or have received physician clearance):

    • Pregnancy

    • Cardiovascular disease or heart conditions

    • High or low blood pressure

    • Heat sensitivity or inability to regulate body temperature

    • Respiratory conditions

    • Joint injuries or chronic pain conditions

    • Recent surgery or injury

    • Any condition that may be aggravated by strenuous exercise or heat exposure

  • I will immediately inform instructors of any changes to my health status

  • I understand it is my responsibility to monitor my own physical condition during class

3. Assumption of Risk

I voluntarily assume all risks associated with participation in Bótany Athletics classes and activities, including but not limited to:

  • Physical injury from exercise or equipment use

  • Heat-related illness from infrared exposure

  • Injury from other participants

  • Injury resulting from facility conditions

  • Aggravation of pre-existing conditions

I accept full responsibility for any injury, illness, or damage that may occur during my participation.

4. Release and Waiver of Liability

To the fullest extent permitted by law, I hereby release, waive, discharge, and hold harmless Bótany Athletics, its owners, operators, instructors, employees, agents, and representatives (collectively, "Released Parties") from any and all claims, demands, damages, rights of action, or causes of action, present or future, arising from or related to:

  • Any injury, illness, death, or property damage

  • Any loss or damage from any cause whatsoever

  • The negligence or other acts of the Released Parties

This release applies to claims based on negligence, breach of contract, or any other legal theory.

5. Medical Treatment Authorization

In the event of injury or medical emergency, I authorize the Studio to:

  • Provide first aid treatment

  • Contact emergency medical services

  • Transport me to a medical facility

  • Share relevant health information with medical personnel

I agree to assume all costs associated with medical treatment and transportation.

6. Photo and Video Release

I grant Bótany Athletics permission to use photographs, videos, or other media featuring my likeness for promotional and marketing purposes without compensation. I may opt out by notifying the Studio in writing.

7. Personal Property

I understand that Bótany Athletics is not responsible for lost, stolen, or damaged personal property. I am solely responsible for securing my belongings.

8. Compliance with Rules and Policies

I agree to:

  • Follow all Studio rules, policies, and instructor directions

  • Arrive on time and prepared for class

  • Respect other participants and staff

  • Use equipment properly and safely

  • Maintain appropriate hygiene and attire

I understand that failure to comply may result in removal from class or termination of membership without refund.

9. COVID-19 and Communicable Disease Acknowledgment

I acknowledge that:

  • Participation in group fitness involves risk of exposure to communicable diseases

  • The Studio has implemented safety measures but cannot guarantee a disease-free environment

  • I assume all risk of exposure to COVID-19 and other communicable diseases

  • I will not participate if I am experiencing symptoms of illness

10. Severability

If any provision of this Waiver is found to be unenforceable, the remaining provisions shall remain in full force and effect.

11. Acknowledgment of Understanding

I have carefully read this Waiver and fully understand its contents. I am aware that this is a release of liability and a contract between myself and Bótany Athletics. I sign this document voluntarily and with full knowledge of its significance.

Participant Information:

Full Name: ________________________________

Date of Birth: ________________________________

Email Address: ________________________________

Phone Number: ________________________________

Emergency Contact Name: ________________________________

Emergency Contact Phone: ________________________________

Signature: ________________________________

Date: ________________________________

For Participants Under 18:

I am the parent/legal guardian of the above-named minor. I have read and understood this Waiver and consent to the minor's participation in Bótany Athletics classes and activities. I agree to be bound by all terms of this Waiver on behalf of the minor.

Parent/Guardian Name: ________________________________

Parent/Guardian Signature: ________________________________

Date: ________________________________