WAIVER & RELEASE OF LIABILITY
By visiting Ember & Frost, LLC (the “Company”) or communicating with us via email, you agree to receive electronic communications from us. These communications may be sent by email or posted on our website. You acknowledge that all agreements, notices, disclosures, and other messages we send electronically fulfill any legal requirements for written communication.
By registering for and/or participating in Ember & Frost, LLC’s classes, wellness services, activities, events, and programs, including but not limited to Lagree, Pilates, Yoga, other group fitness classes, wellness services, workshops, private sessions, and special events, and by using our facilities, premises, and equipment (collectively referred to as the “Classes, Wellness Services, and Facilities”), you understand and accept that fitness activities, wellness services, exercise programs, and the use of equipment carry inherent risks. These activities may result in injury. It is important to note that certain exercises, movements, wellness activities, or services may cause harm if not performed correctly or if they are not suitable for your individual condition. You must follow all provided instructions and guidelines at all times.
In exchange for being allowed to participate in and access the Classes, Wellness Services, and Facilities at Ember & Frost, LLC, as well as any associated fees, you (1) accept full responsibility for any injuries or damages you may sustain or exacerbate while participating in or using the Classes, Wellness Services, and Facilities, (2) waive, release, and forever discharge Ember & Frost, LLC, its officers, agents, members, employees, representatives, contractors, instructors, and any other associated parties from any claims, rights, causes of action, or liabilities related to injuries or damages to your person or property arising from your involvement in Ember & Frost, LLC activities, and (3) confirm that you have no medical or physical conditions that would prevent you from participating in Ember & Frost, LLC’s Classes, Wellness Services, and Facilities or put you at risk, and that you have not been advised by a physician to avoid such activities.
Furthermore, if Ember & Frost, LLC staff determines that you may be at physical risk while participating in any Classes, Wellness Services, or using the Facilities, you may be denied access until you provide Ember & Frost, LLC with a letter from your physician (at your own expense), specifically addressing the concerns and confirming that participation is medically appropriate.
Additionally, you acknowledge that there is an inherent risk of exposure to communicable illnesses, including COVID-19, in any public space where people gather. By visiting Ember & Frost, LLC, you voluntarily assume all risks associated with potential exposure to communicable illnesses.
Ember & Frost, LLC may take photographs and recordings of you during your participation in activities, events, wellness services, or while using our facilities. These images and recordings may be published and distributed on our website, social media channels, and marketing materials. By agreeing to these terms, you consent to the use of such photographs and recordings for promotional purposes.
BOOKING POLICY
Classes, wellness services, private sessions, workshops, and events at EMBER & FROST may be available to book up to eighteen (18) days in advance. To make a reservation, you must have valid class credits, service credits, package credits, or an active membership, along with a valid credit card on file.
Private sessions, workshops, and events at EMBER & FROST may be available to book up to sixty (60) days in advance. To make a reservation, you must reach out to info@emberxfrost.com for details.
CHECKING IN
When you arrive at the studio, please check in using the mobile app, or our in-studio iPad to ensure your reservation is secured and you do not incur a no show fee. A secondary check in may be performed by the instructor to ensure you have been properly accounted for.
We do not uphold a late entry policy. Late arrival will not result in forfeiture of your reservation. However we do ask that late arrivals do not disrupt the experience for others or create safety concerns.
CANCELLATION POLICY
You may cancel your reservation through our website, booking platform, or by contacting the studio up to twelve (12) hours before the scheduled start time.
If you booked using a class or service credit and cancel after the designated cancellation window, you will forfeit the credit used for the reservation.
If you booked through a membership and cancel after the designated cancellation window, you will be charged a $15 late cancellation fee.
NO-SHOW POLICY
If you booked using a class or service credit and fail to attend, you will forfeit the credit used for the reservation.
If you booked through a membership and fail to attend without cancelling, you will be charged a $35 no-show fee.
WAITLIST POLICY
Each client is responsible for monitoring their placement on the waitlist.
The waitlist auto entry is enabled up to 2 hours before a scheduled class. If you are added to a class, wellness service, workshop, event, or session from the waitlist, the same cancellation and no-show policies apply. Please be aware of these policies before joining a waitlist.
MODIFICATIONS TO SERVICES & PRICING
Prices for our memberships, classes, wellness services, programs, products, and retail merchandise are subject to change without notice.
We reserve the right at any time to modify, suspend, discontinue, or replace any service, program, class, event, wellness offering, or product without notice.
Ember & Frost, LLC shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of any service.
RETURN & EXCHANGE POLICY
All class credits, service credits, workshops, events, and packages are final sale. No refunds will be issued.
After any minimum commitment period has been satisfied, memberships may be cancelled in accordance with the terms of the membership agreement. No prorated refunds will be provided. Clients are responsible for monitoring membership renewal dates and billing cycles.
To terminate a membership, written notice must be provided at least thirty (30) days before the next billing cycle.
All retail purchases are final sale unless otherwise required by applicable law.
MEMBERSHIPS
By creating an account and purchasing a membership, you authorize EMBER & FROST on a recurring basis to automatically charge the debit or credit card associated with your account for membership payments due under your selected membership plan.
These charges will not exceed the amount specified in your membership agreement, except for applicable taxes, authorized purchases, or fees assessed pursuant to EMBER & FROST's cancellation, late cancellation, or no-show policies.
Failed payments for Membership dues, late cancel and no show fee’s will be subject to a $10 retry fee to collect the original amount owed. This fee is non refundable and cannot be waived.
WHAT TO EXPECT AT EMBER & FROST
EMBER & FROST offers a variety of fitness and wellness experiences, including Lagree, Pilates, Yoga, other group fitness classes, wellness services, private sessions, workshops, and special events.
Classes and services may incorporate specialized equipment, resistance-based training, mats, props, stretching, mobility work, mindfulness practices, recovery techniques, and other wellness modalities. Music played during classes or events may contain explicit language.
Prior to participating, please inform your instructor or service provider of any injury, pregnancy, medical condition, physical limitation, or other concern that may impact your participation so that appropriate modifications may be offered when possible.
PRIVACY STATEMENT
At EMBER & FROST, we are committed to protecting your privacy. This Privacy Statement outlines the types of information we collect through our website and services, as well as the measures we take to safeguard that information.
We do not sell your personal information.
COLLECTION OF INFORMATION
We may collect personally identifiable information, including names, phone numbers, mailing addresses, email addresses, payment information, and other information voluntarily provided by members, clients, and visitors.
If you use this website, you are responsible for maintaining the confidentiality of your account credentials and restricting access to your devices. You accept responsibility for all activities conducted under your account.
Registration of minors between the ages of twelve (12) and eighteen (18) must be completed with a parent or legal guardian present. EMBER & FROST does not knowingly collect personal information from minors through this website except as necessary to provide services and as permitted by law.
Your personally identifiable information is kept secure. Only authorized employees, contractors, and service providers who have agreed to maintain confidentiality have access to such information.
Emails, text messages, newsletters, and other marketing communications provided through our services contain instructions for opting out of future marketing communications.
We utilize reasonable industry-standard safeguards, including secure technologies where appropriate, to protect personal information.
We do not sell your personal information.
EMBER & FROST reserves the right to refuse service, terminate accounts, remove content, or cancel purchases at its sole discretion.
When you visit EMBER & FROST or communicate with us electronically, you consent to receive communications electronically. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
By signing up for and/or participating in classes, wellness services, private sessions, workshops, events, programs, or by using EMBER & FROST equipment or facilities, you acknowledge that there are inherent risks associated with exercise, fitness training, wellness activities, and use of equipment.
In consideration for being permitted to participate in and access EMBER & FROST services and facilities, and in addition to any applicable fees, you hereby:
(1) Assume full responsibility for any injuries or damages sustained or aggravated through participation in classes, wellness services, events, programs, facilities, or equipment;
(2) Waive, release, and forever discharge EMBER & FROST, its officers, agents, members, employees, contractors, representatives, and affiliates from any claims, liabilities, or causes of action arising from participation in or use of its services or facilities; and
(3) Represent that you have no medical or physical condition that would make participation unsafe and that you have not been advised by a physician to refrain from participation.
If, in the judgment of EMBER & FROST staff, participation could present a safety risk, access may be denied until written medical clearance is provided at your sole expense.
INTELLECTUAL PROPERTY RIGHTS
The graphics, logos, designs, page headers, button icons, scripts, trademarks, service marks, content, and other proprietary materials displayed on this website are owned by or licensed to EMBER & FROST.
Use of any such materials without prior written permission from EMBER & FROST is strictly prohibited.
DISCLAIMERS
To the fullest extent permitted by law, Ember & Frost, LLC d/b/a EMBER & FROST, and its officers, directors, members, employees, contractors, affiliates, and agents shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages resulting from:
(1) Errors, inaccuracies, or omissions in website content;
(2) Personal injury, illness, death, property damage, or loss arising from access to or use of our services, facilities, website, or equipment;
(3) Unauthorized access to or use of secure servers or information stored therein;
(4) Interruptions or failures in website transmission or operation;
(5) Viruses, malware, or other harmful components transmitted through the website by any third party; or
(6) Any loss or damage incurred as a result of information, content, communications, products, or services made available through EMBER & FROST.
You specifically acknowledge that EMBER & FROST shall not be liable for user-generated content or the defamatory, offensive, or unlawful conduct of any third party and that any risk arising from such conduct rests solely with you.
Ember & Frost, LLC d/b/a EMBER & FROST reserves the right to revise these Terms and Conditions at any time by updating this posting. By using this website, you agree to be bound by any such revisions and should periodically review these Terms and Conditions for updates.
PRIVACY POLICY
At Ember & Frost, we are committed to protecting your privacy and safeguarding the personal information you share with us. This Privacy Policy explains how we collect, use, store, disclose, and protect your information when you visit our website, purchase a membership, book a class or wellness service, communicate with us, or otherwise interact with our studio. By accessing our website or using our services, you acknowledge that you have read and understood this Privacy Policy.
When you interact with Ember & Frost, we may collect personal information that you voluntarily provide, including your name, email address, phone number, mailing address, date of birth, emergency contact information, account credentials, membership details, and billing information. Payment information is processed through secure third-party payment providers, and we do not store complete credit card numbers on our servers.
Because Ember & Frost provides fitness and wellness services, you may also choose to share certain health-related information, such as medical conditions, injuries, physical limitations, pregnancy status, physician recommendations, or wellness goals. This information is used solely to help us provide services safely and appropriately. You are never required to provide more information than is reasonably necessary, and any health information you choose to disclose is treated with care and confidentiality.
Our website automatically collects certain technical information when you visit, including your IP address, browser type, operating system, device information, pages viewed, referring websites, and general usage data. We may use cookies and similar technologies to improve website functionality, remember your preferences, analyze website traffic, and enhance your overall browsing experience. You may disable cookies through your browser settings, although doing so may affect certain website features.
The information we collect is used to provide and improve our services, manage memberships and accounts, process payments, schedule classes and appointments, communicate with you regarding bookings or studio updates, respond to customer inquiries, maintain studio safety, improve our website and offerings, comply with legal obligations, and protect against fraud or unauthorized activity. If you opt in to receive marketing communications, we may also send newsletters, promotions, event announcements, wellness information, or updates about new classes and services. You may unsubscribe from marketing emails at any time by using the unsubscribe link included in our communications. Transactional messages relating to your membership, appointments, payments, or studio operations may still be sent regardless of your marketing preferences.
If you choose to provide your mobile phone number, you may receive text messages related to your account, including booking confirmations, appointment reminders, waitlist notifications, schedule changes, membership information, and, if you have provided your consent, promotional messages. Standard messaging and data rates may apply depending on your mobile carrier. You may opt out of promotional text messages at any time by replying STOP.
Ember & Frost works with trusted third-party service providers to operate various aspects of our business, including scheduling software, payment processors, website hosting providers, customer relationship management platforms, analytics services, email communication providers, and SMS messaging services. These providers receive only the information necessary to perform their services on our behalf and are expected to maintain appropriate security measures to protect your information.
We may occasionally photograph or record video within our studio for promotional, educational, or marketing purposes. Images or recordings may be used on our website, social media platforms, digital advertising, printed materials, or other promotional content. If you prefer not to appear in photographs or videos, you may notify a member of our team, and we will make reasonable efforts to honor your request whenever practical.
Ember & Frost does not sell, rent, or trade your personal information to third parties. We may disclose information only when necessary to provide services you have requested, process payments, comply with applicable laws or legal processes, protect the rights and safety of Ember & Frost, investigate fraud or security concerns, or as part of a merger, acquisition, or sale of business assets where permitted by law.
We maintain reasonable administrative, technical, and physical safeguards designed to protect your personal information against unauthorized access, disclosure, alteration, or destruction. While we strive to use commercially acceptable means to safeguard your information, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.
We retain personal information only for as long as necessary to fulfill the purposes described in this Privacy Policy, comply with legal and regulatory obligations, resolve disputes, enforce our agreements, and maintain appropriate business records. When information is no longer required, it is securely deleted or anonymized where appropriate.
Our website is not intended for children under the age of 12, and we do not knowingly collect personal information from children through our website without appropriate parental or guardian consent where required by law. Participation in youth fitness or wellness programs offered by Ember & Frost requires registration and consent from a parent or legal guardian.
Depending on your state of residence, including Nevada or California, you may have certain rights regarding your personal information under applicable privacy laws. These rights may include requesting access to the information we maintain about you, requesting corrections, requesting deletion of certain information, or opting out of certain communications. We will respond to privacy requests in accordance with applicable law.
Our website may contain links to third-party websites that are not owned or controlled by Ember & Frost. We are not responsible for the privacy practices or content of those websites and encourage you to review their individual privacy policies before providing personal information.
We may update this Privacy Policy periodically to reflect changes in our practices, technology, legal requirements, or business operations. Any updates will become effective immediately upon posting the revised policy on our website. Your continued use of our website or services after changes have been posted constitutes your acceptance of the updated Privacy Policy.
If you have any questions regarding this Privacy Policy or our privacy practices, please contact Ember & Frost at the contact information provided on our website. We value your trust and are committed to protecting your personal information while providing a safe, welcoming, and elevated wellness experience for every member of our community.
