This document was last updated on January 1, 2012.
Client and Guest Rules. All Clients and their guests shall abide by Smooth Moto rules and regulations and any amendments and/or modifications thereto.
Session payment. Payment is due at the time of scheduling. All major credit cards and Paypal are accepted. Client understands that the card will be processed through Smooth Moto.
Dishonored Payment. If any payment such as a returned check, an account debit or credit card charge payable to Smooth Moto is returned, rejected or dishonored, Smooth Moto will, in each instance (a) assess a charge equal to any charge imposed by the financial institution, any costs and expenses incurred in connection with collection plus an administrative fee of thirty dollars ($30), and (b) collect the current and past due balance in any subsequent month. It is Smooth Moto’s practice to deposit returned checks automatically and without notice. Returned check reimbursement payments must be in the form of cash, cashier’s check, certified check or money order.
Gratuity. Smooth Moto rates do not include gratuity. We proudly recruit the most qualified professionals in the industry. Our recommended standard gratuity for services is 18%-20%. Gratuity to team member can be in cash or personal check. Credit Cards are not taken for gratuities.
Cancellation and Rescheduling. We understand that things come up, we all have emergencies sometimes and we understand that is just a part of life. Please read our cancellation and rescheduling policies, below. Failure to cancel within the time frames explained or failure to show up for a session will result in being charged for the full session; credit will not be given. If Smooth Moto cancels a Session, Program, Class, Package or Clinic for any reason you will have the choice of a full refund or a full credit; please allow 30 days for processing.
Private Appointments: Personal Training, Massage & Packages: Your session fee includes our time spent preparing for your session before the actual session and then session itself. We ask that if you need to cancel or reschedule a session, please email and phone your trainer/massage therapist or Smooth Moto. If we are not in, be sure to leave a message. We will check the availability of your trainer/massage therapist and get back to you with confirmation of the rescheduled date and time. If it is a last minute emergency and you have your trainer/massage therapist’s telephone number, please call the emergency in to the trainer/massage therapist directly. 48 hours notice is required for a cancellation or rescheduling in order to receive a full credit with the scheduled trainer/therapist that will be good for 30 calendar days from the date of the missed session. Credits are not transferable to other services or team members.
Semi-Private Appointments: Personal Training, Massage & Packages: The Private Appointments policy applies to each group participant. If one client of the group cancels with 48 hour notice, the other clients scheduled for that session have the option of canceling or keeping their appointment at the semi-private/group per person rate. If notice is less than 48 hours the other clients must keep their scheduled appointment at the semi-private/group per person rate.
Programs: Attendance at the program’s first session is mandatory. Missed program sessions can not be rescheduled. We ask that if you need to cancel or reschedule a program, please email and phone your instructor or Smooth Moto. If we are not in, be sure to leave a message. We will check the availability of your instructor and the next available program date and get back to you with confirmation of the rescheduled date and time. If it is a last minute emergency and you have your instructor’s telephone number, please call the emergency in to the instructor directly. 48 hours notice is required for a cancellation or rescheduling in order to receive a full credit with the scheduled trainer/therapist that will be good for 30 calendar days from the date of the missed session. Credits are not transferable to other services or team members.
Classes: We ask that if you need to cancel or reschedule a session, please email and phone your instructor or Smooth Moto. If we are not in, be sure to leave a message. We will check the availability of your instructor and get back to you with confirmation of the rescheduled date and time. If it is a last minute emergency and you have your instructor’s telephone number, please call the emergency in to the trainer directly. 48 hours notice is required for a cancellation or rescheduling in order to receive a full credit with the scheduled trainer/therapist that will be good for 30 calendar days from the date of the missed session. Credits are not transferale to other services or team members.
Gift Certificates: All gift certificate sales are final; no refunds will be made.
Clinics: Clinics are non-refundable.
Tardiness. Clients are expected to begin their session at the start time of the scheduled appointment. A late start time does not entitle a client to a session longer than the scheduled appointment. There will be no compensation for a late start regardless of the situation. Also, if more than 15 minutes late, the session may be canceled unless the Client called ahead to have the session held. If the Trainer or Therapist is more than 15 minutes late a credit of 50% of your paid session will be applied to your account and will be good for 30 calendar days from the date of the initial session. Credits are not transferable to other services or team members.
Expiration. All pre-paid appointments and packages expire one year from the date of purchase for all services.
Assurance. Rest assured, we will provide you a full refund of any remaining balance if you lose your job or in the case of a medical emergency. Please provide us with proof of medical emergency such as a doctor’s note, your unemployment, either a termination letter or confirmed unemployment document. Please allow 30 days, upon approval, for processing.
Session Duration/Rate. Client agrees to pay the posted rate of the team member which was listed on the website at the time the appointment was booked. A 60 minute training session includes a brief consultation but does not include travel time, setting up or putting away necessary equipment. the actual training time will be approximately 55 minutes. A 60 minute massage time includes dressing and undressing and a brief consultation but it does not include travel time, setting up the table, or putting away the table. The actual hands on time will be approximately 55 minutes. Please allow 10-15 minutes prior to and after your appointment for the team member to set-up and put away the needed equipment. Clients should make sure they have a room that is cleared for the workout or massage table before the team member arrives. Lastly, to have the best experience, we encourage clients to turn all phone ringers off, put their pets in a separate room, and let others in their location know that they are occupied in order to avoid interruptions.
Parking policy. If there are any parking charges (usually at a hotel or office), then that amount must be reimbursed to the team member with cash or personal check. Credit Cards are not taken for parking.
Class, Program and Clinic (Courses) Policies. Each Course is limited to a set number of participants. Clients should not enter a Course late or leave early without the instructor’s consent. No one will be admitted ten (10) minutes after the scheduled Course time. Prior to the start of the Course session, each Client must check in with the instructor; if you are just starting an exercise program or have an injury or problem that may prevent full participation, please discuss this with the instructor before the Course. Proper clothing and footwear must be worn in all Courses. Smooth Moto reserves the right to change the Courses schedule at any time. This includes the addition or the deletion of Courses, as well as changes in instructors, times and length of Courses. Smooth Moto reserves the right to change Course policies when necessary.
Change In Facilities and Operating Hours. Smooth Moto facilities and hours of operation may be modified from time to time. Smooth Moto reserves the right to add, modify and/or eliminate Courses, activities, or services. The availability of Courses and services are subject to demand and are available on a first-come first-served basis.
Change in fees. Smooth Moto may adjust any fees at any time without notice.
Independent Contractors. Smooth Moto may make the services of independent contractors available to clients. Smooth Moto does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available to Clients for any period of time.
Buyer’s Indemnity & Client’s Risk. The Buyer assumes full responsibility for any person who becomes a Client under this agreement and hereby voluntarily releases, forever discharges, and fully indemnifies, defends and holds harmless Smooth Moto, it’s owners, directors, organizers, trainers, instructors, coaches, sponsors, managers, any other appointed supervisors, other participants, sponsoring agencies, advertisers and if applicable, owners and leasers of premises used to conduct the event, all hereinafter referred to as Releases from and against any and all claims, judgments, awards, liability, and expenses, including attorney fees, for (a) bodily injury, including death, to Client or any other persons or loss, theft or damage to property resulting from or arising out of Client’s participation in any Smooth Moto activity, Client’s use of Smooth Moto’s equipment or facilities or out of the negligence, willful acts, or omissions of the Client
Member’s Health Warranty. Client and buyer represent that Client is in good health and has no disability, impairment, injury, disease, or ailment, preventing him/her form engaging in the scheduled service or activity, such as active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result. Client certifies to have adequate personal insurance to cover any injury or damage that the Client may suffer while participating, or if lacking personal insurance, the Client agrees to bear the costs of such injury or damage. Client further certifies to have no medical or physical conditions which could interfere with their safety in this activity, or else is willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition. Physical examinations by your physician are recommended for all Clients before commencing any exercise program, and especially for Clients who are at risk, including but not limited to elderly or pregnant members, or Clients unaccustomed to physical exertion, or who have physical limitations, a history of high blood pressure, heart problems or other chronic illnesses.
Medical Disclaimer. Each Client has been informed and acknowledges that Smooth Moto has made no claims as to medical results that can or may be obtained through use of the services. Smooth Moto has neither suggested nor will suggest any medical treatment to Clients. Only licensed medical professionals are qualified to give medical advice. Clients are instructed not to act on the advice given by any unlicensed employee or independent contractor unless such advice has been verified by their licensed physician professional. Each Client represents that there are no medical or physical conditions that would preclude the use of Smooth Moto’s facilities, equipment or services and each Client further represents that he/she has not been instructed by any physician not to use Smooth Moto’s facilities, equipment or services
Activity Risk. Any strenuous athletic or physical activity involves certain risks. Clients assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the facilities, equipment or services,and release, hold Smooth Moto harmless, discharge and absolve Smooth Moto, its Releasees from any and all liability or responsibility except if such accident or injury is the result of the negligence of Smooth Moto or its Releasees.
Loss of Property. Clients are urged not to bring valuables to any Smooth Moto session and to keep valuables with them at all times. Smooth Moto shall not be liable for the disappearance, loss, theft, or damage to personal property, including money, negotiable securities.
Change in Account Information. Clients must promptly modify their Smooth Moto account online with any changes in their account information, address or telephone number. Failing such modification, Client may risk be discontinued from a service.
Children’s Use. All children under eighteen (18) years of age must have a waiver signed by the parent/guardian. Smooth Moto reserves the right to discontinue use by any child whose behavior is offensive or disruptive. All children under the age of 18 must be picked up promptly at the completion of service; a late fee may be charged, per occurence, automatically if child is not picked up within 15 minutes of session ending. The late fee is as follows: $35 for 15-25 minutes and $1 per minute thereafter.
Waiver. All participants must have a signed liability waiver on file with Smooth Moto. Children under the age of 18 must have the waiver signed by parent/guardian, in the presence of a Smooth Moto team member or a notary public. (There are no exceptions to this rule.)
Changing the Rules and Regulations. Smooth Moto has the right to change these Rules and Regulations at any time.
Dispute Resolution. In an effort to resolve any conflicts that arises, both parties agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services of this Agreement, then such disputes shall be settled by arbitration in accordance with the rules of the American Arbitration Association. The arbitrator shall be mutually agreed upon by the parties. Judgment upon the award rendered may be entered in any court with jurisdiction.
Applicable Law. This Agreement shall be governed, construed, controlled and interpreted according to the laws of the State of California and the Contractor specifically consents to jurisdiction in California, agrees that venue for any dispute shall be only in California and in a court within the county of a Smooth Moto facility, and agrees to accept service of process by certified mail and waive any jurisdiction or venue defenses otherwise available.
Attorneys fees. In the event of any legal dispute arising out of this agreement, the prevailing party shall be entitled to attorneys fees and court costs.
Unenforceable Provision. In the event that any provision of this Agreement is invalid or unenforceable or is held by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. In such instance, this Agreement shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.
Force Majeure. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections court order, legislative or regulatory action, catastrophic weather condition, earthquake, failure or fluctuation in electrical power or other utility services, network failure and/or any other cause beyond the reasonable control of the party whose performance is affected.
Ambiguity. In the event an ambiguity in any term of this agreement exists, it shall not be construed against either party.
Headings. The descriptive headings of the sections and paragraphs of this Agreement are inserted for convenience of reference only and shall not affect the meaning or construction of any section, paragraph, or provision of this Agreement.
Entire Agreement. This Agreement and all rules and regulations of Smooth Moto, as revised from time to time, constitute the entire and exclusive Agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to this membership purchase. This Agreement may be modified only by an instrument in writing; however, Smooth Moto or any assignee of this Contract is authorized to correct patent errors in this agreement (and in other related documents). Smooth Moto can void this contract if it is not completed by a Smooth Moto employee or if there has been any misrepresentation by the employee. No change to any printed term in this contract shall be valid, and Smooth Moto independent contractors or employees are not authorized to make any modifications to this agreement.