TERMS OF SERVICE

Effective Date: January 2025

This Terms of Service (the “Agreement”) is between You, the user and client, and Jean Dolan, doing business as August Moves (“August Moves”).

I. PURCHASING INFORMATION:

1.1 PURCHASING, PAYMENTS: All “Services” (1:1 in-person sessions, 1:1 virtual sessions, and small group classes) are reserved and paid for in advance through August Moves online booking system via Acuity. Services are not eligible for transfer, exchange, or refund between clients; packages cannot be shared between clients. All fees and charges (including any taxes and late fees, as applicable) will be charged to a valid and up-to-date debit or credit card on file, as further described below. As some services require auto-billing for continued monthly access, You agree to maintain valid credit card information as part of your Account information when applicable.

1.2 Package Expiration: Packages refer to ay purchase of a pre-determined allotment of Services to be redeemed at August Moves in a given time frame. Unless otherwise specified (for example, as a Membership), packages are not subject to autorenewal. All packages expire, as described on the website, from the date of purchase. There are no extensions, refunds, or freezes for expired packages. Remaining credits at the expiration of the package will be forfeited and will not roll-over or be converted into August Moves credit. You are responsible for noting package expiration date; August Moves will not send reminders or follow-up.

1.3 Package Policies: By purchasing a package of classes with August Moves You agree that: (1) Packages are not shared or transferable between individual’s, unless expressly agreed upon by August Moves’ ownership in writing; (2) expiring packages may not be extended, transferred, refunded, shared, or frozen; and (3) August Moves will not adjust or extend packages due to accidental bookings or the acts or omissions of clients. The expiration date set on an expiring package is the date on which the sessions in the package may no longer be used.

1.5 Refund Policy: It is August Moves’ intention for You to be happy with your participation in the services. Due to the extensive time, effort, preparation, and care that goes into creating and/ providing the services, all sales are final, and no refunds will be provided.

1.6 Chargeback Policy: Unless otherwise provided by law, You acknowledge that August Moves does not offer refunds for any portion of your payment for any of the Services at any time, and as such You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it.

1.7 Payment Processor: Payments made on the Sites are processed by the third-party payment processor, integrated by the website host, Acuity. You are required to store a valid and up-to-date debit or credit card on file within your Account for: (1) incidental charges such as late-cancel fees, (2) ease of transaction, (3) for enrollment in the Membership which does require a credit card on file to enroll, and/or 4) recurring payments for Services on a payment plan. In such event that an incidental charge needs to be made the cardholder and account holder gives permission to August Moves to charge the card on file. Site. Additionally, the cardholder and account holder may give permission to August Moves to charge the card for auto-debit memberships.

1.8 Account: Upon your first purchase of the Services, or first use of the website, You will be prompted to create an account (the “Account”) with August Moves via third-party hosting platform Acuity. Your Account is protected via password and where You will purchase and book certain Services, access certain purchased products, and securely store credit card information.

II. MEMBERSHIP

2.1 MEMBERSHIPS: August Moves offers a “Membership” which refers to a renewing monthly commitment and unlimited access to its on-demand virtual library. Memberships are billed monthly and automatically renew monthly on the same date of Membership purchase. Membership will continue to renew each month until canceled by You.

2.2 Auto Debit: By purchasing a Membership, You expressly agree that August Moves is authorized to, on a recurring basis on the same of the day of each month of the membership, automatically charge the debit or credit card account You specified in your Account, for the auto-debit plan You enrolled in. You understand and acknowledge that (1) August Moves will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. August Moves may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. August Moves cannot be held responsible for errors in processing due to expired or inaccurate information; and (3) August Moves is not responsible for any bank overdraft fees that may occur.

2.3 Membership Cancellation: Membership will continue to renew each month until cancelled by You, which you may do via your Account. When You cancel prior to the next billing date, You still maintain access to the Membership through the end of your billing cycle. If You do not cancel prior to your billing date You will be automatically billed, with no refund, for the subsequent month and continue to have access until your next billing date, at which point your Membership will be considered cancelled and You will not be billed further.

III. RESERVATIONS AND CANCELLATION POLICIES

3.1 CANCELLATIONS, RESCHEDULING, LATE-CANCEL POLICY: Services must be cancelled at least 24-hours prior to the start time. Cancellations and reschedules may be done online only via (1) your Account, or (2) the confirmation email sent at the time of booking. There are no refunds on cancelled classes; your Account will be credited back.  

If the cancellation is made inside of the 24-hour window prior to Your class, it will be considered a ‘late cancel’ and the credit will be forfeited.

3.2 LATE ARRIVALS: You are expected to arrive to any scheduled Service on-time, and ready to begin. There is a 5-minute grace period for late arrivals of returning clients only. Arrivals after 5 minutes may not be admitted, at the instructor’s sole discretion. In the event you are not able to proceed with the Service due to your tardiness, the class credit will be forfeited.

IV. STUDIO POLICIES

4.1 STUDIO POLICIES: Services are subject to change. When possible, an email will be sent communicating changes in the schedule or Services which may impact You. Subject to any opt-in, You consent to receive noticed from August Moves pertaining to a class or session which You are registered for. August Moves is not responsible if You do not read the notices, or if you unsubscribe and do not receive the notifications.

4.2 Studio Guests: Unattended children and pets are not permitted in the studio.

4.3 Cleaning: All clients are responsible for wiping down their machine after class, if applicable.

4.4  Workout Attire: If working out in person, all clients are asked to wear workout or comfortable clothing to the session and classes.

4.5 CODE OF CONDUCT: August Moves is committed to providing an environment that is free from disrespectful and offensive behavior, and that is safe space for all individuals. Accordingly, harassment, inappropriate, or discriminatory behavior by clients, and/or continued disruptive or incendiary behavior, as determined in the sole discretion of August Moves, will not be tolerated. August Moves has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of a training relationship without refund to any client engaging in unacceptable behavior.

4.6 CONTENT RELEASE: You grant August Moves, its representatives, employees, agents and/or assigns the right to take digital recordation of You and your property while engaging with and/or interacting with August Moves and/or participating in a Service with August Moves, and to use and publish these photos or videos in print and/or electronically. By agreeing to be filmed, photographed, and/or otherwise documented by August Moves, You, on behalf of yourself, heirs, representatives, executors, and assigns, irrevocably grant August Moves the absolute and unrestricted right and permission throughout the universe and forever to copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit by any and all uses such content, with or without my name, without compensation, for any lawful purpose, including but not limited to: publicity, illustration, advertising, and web content.  You further agree that August Moves is the lawful owner of all digital files, and accordingly, waive any right that You may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein your likeness appears, or the use of which may be applied.

V. PERSONAL RESPONSIBILITY, DISCLAIMERS, RELEASE OF CLAIMS:

5.1 LIABILITY WAIVER: You understand that physical exercise associated with the Services can be strenuous and can expose You to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily assume all risks, known or unknown, associated with your use of the Service (collectively “Your Participation”). You acknowledge that Your Participation may present certain risks, and hereby assume all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (defined below). You further acknowledge that the Services offered by August Moves are not medical advice and no medical advice is contained within the Sites or Services.

You understand and are aware that strength, flexibility, and aerobic exercise, including the use of exercise equipment while largely beneficial for your physical and mental wellbeing, are also potentially hazardous activities, more so in an online training environment. You will use all reasonable efforts to ensure your own physical safety. You shall comply with all stated and posted safety rules, as well as verbal instructions given to you by a August Moves instructor. You also understand that equipment used in fitness instruction can be dangerous if used improperly. You further agree that August Moves is not responsible for any injury You sustain due to defects or damages in your personally owned equipment used while under the operation of August Moves. You also understand that fitness activities involve the risk of injury, and that You are voluntarily participating in these activities, and using equipment, knowing the dangers involved. You agree to assume full responsibility for all injuries which are sustained or aggravated by You in relation to the Services.

You declare yourself to be physically sound enough to participate in a workout with August Moves and, if applicable, You have been cleared by a medical professional to begin, or continue participating in, physical activities, such as strength training. You have not been advised by a medical doctor to avoid physical activity similar to that of a August Moves workout and assume all responsibility and risk for participating in activities to which You have been advised against.

You hereby agree to voluntarily accept and assume all such risks as well as any risks not mentioned herein that are in any way associated with Your Participation, You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Further You expressly agree to release and discharge August Moves and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents, contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties”) from all claims or causes of action and you agree to voluntarily give up or waive any right that You may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.

You agree that August Moves will not be held responsible in any way for the information that You request or receive through the Services, nor will August Moves be responsible for how You use, apply, or engage with the information that You request or receive through the Services. You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release August Moves, in their individual capacity and legal capacity, and each of the Released Parties from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that You ever had, now have or may have against August Moves in the future that may arise from your participation in the Programs and Services, to the extent permitted by applicable law.

5.2 PRENATAL, PREGNANT, POSTPARTUM DISCLAIMER: You acknowledge and agree that participation in any exercise program, while pregnant or immediately following a pregnancy, may increase the risk of injury to yourself, and if applicable, your unborn child. You confirm that You have consulted with your doctor, midwife, or other healthcare provider, regarding your participation in an exercise regimen and the risks that You may encounter; they have given You permission to participate in a Service.

You understand and agree that the intensity of your participation in an exercise program, and the exercises performed, must be determined by You, in consultation with your healthcare provider. Even during any workout series tailored to pregnancy or postpartum, August Moves is not responsible for the intensity or scale or your participation. You agree to discontinue exercises immediately should your medical condition change  (ex: pain, bleeding, discharge, cramps) and speak with your healthcare provider immediately before resuming any exercise.

In participating in any service with August Moves pregnant or immediately following a pregnancy, whether knowing or not, You assume all associated risks to yourself, and if applicable, your unborn child and release August Moves per the terms of this Agreement and section.

5.3 ASTROLOGICAL DISCLAIMER: You acknowledge and agree that You are voluntarily engaging the August Moves to provide an astrological reading. You acknowledge and agree August Moves offers an informed perspective based on thorough analysis of astrological charts, birth data, and consultation. You understand that during a session your August Moves astrologer will rely on information provided by You;  You affirm that all information provided to the August Moves is true and accurate to the best of Your knowledge and belief. August Moves is not liable for reliance on information which You provide that may later be known to be unknown or misinformed and that August Moves takes information provided on its face.  You further understand and agree that astrological readings should never be used solely in place of professional counseling, however, may be used in conjunction with other energetics and similar modalities. As such, You acknowledge and agree that an astrological reading does not constitute legal, medical, business, or financial advice.

VI. TERMS AND CONDITIONS OF WEBSITE:

6.1 DESCRIPTION OF SERVICES: These Terms of Service are applicable to all users of August Moves through its “Website” and related domains, sub domains, and mobile and desktop applications (individually and collectively the “Sites”). These Terms govern your use of and interaction with the Services, Sites (including all functionalities, features, streaming services, audio, visual, written media, downloaded content from the Sites), web links and user interfaces, and all content and software associated with the Services as provided by August Moves.

6.2 ACCEPTANCE OF TERMS:  The Sites are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such of these terms, conditions, and notices. August Moves has the right, at its sole discretion, to modify, add, or remove any terms or conditions without notice or liability to You. You agree to review these changes from time to time and agree that any subsequent use by You of the Sites and Services following the changes shall constitute your acceptance of such change.

6.3 REGISTRATION INFORMATION: The Sites and Services are not directed at children under eighteen years of age, unless explicitly marketed as such. By providing information about yourself to August Moves You are representing that You are eighteen years of age or older OR have a parent/guardian’s approval and supervision if You are 13-18 years old, and that You, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In such event that any Service is specifically created for a child of any age, the Service will be expressly described as such, the parent/guardian must agree to these Terms and those of the Liability Waiver, and depending on the age of the participant, the parent/guardian must also be present and/or participate.

You also agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration form available on our Sites and especially when creating your Account. If You provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, August Moves reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.

6.4 PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, such as access to the Services and your Account, You will need a username and password. You agree to keep this information confidential and not share it with anyone else. For purposes of these Terms “sharing” also refers to live streaming the Services with any non-members, who are receiving the benefits of the Services without payment.

If August Moves has reasonable grounds to suspect that You (1) have shared your username and password with anyone else, (2) used the materials and Services in a way contrary to what is intended and/or agreed upon; and/or (3) shared, disseminated, provided access to, forwarded, or in any other way made known to a non-purchasing user copyrighted materials such as video recordings, digital downloads, workbooks, or any other protected content, August Moves will automatically terminate Your account, and refuse all current or future use of the Sites,  without refund.

6.5 INTELLECTUAL PROPERTY: The Services are the sole and exclusive property of August Moves and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.

August Moves retains all ownership and intellectual property rights to the Services, corresponding content, and materials provided to You through the Services, including all copyrights of content and any trademarks belonging to August Moves and related entities and individuals. The Service content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Services or Services materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, without our prior written permission.

6.5.1 Copyright Consent: August Moves retains all ownership and intellectual property rights to the Services content and materials provided to You through the Sites and otherwise, including all copyrights and any trademarks belonging to August Moves and related entities. The Services content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, without the prior written permission of August Moves.

Furthermore, by signing this Agreement You agree to the above terms and understand that August Moves’ materials are protected by the United States Intellectual Property laws, including the Copyright Act of 1976. You understand and agree that violating the terms of this Agreement as described above may subject You to legal action and that August Moves will fully pursue all remedies at law against You which it is entitled.

6.5.2 Trademarks, Names, Logos: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by August Moves or a use right has been granted to August Moves. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or because of your use of the Sites or Services. Without the prior permission of August Moves, except in the utilization of our widgets or mobile applications, You agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.

6.6 GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this Agreement is governed by the Laws of the State of Oregon, United States, and You hereby consent to the exclusive jurisdiction and venue of courts in Multnomah County, Portland, United States. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Oregon, Multnomah County, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of Oregon, Multnomah County. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph.

6.7 MISCELLANEOUS

6.7 Notice: All correspondences or notices required regarding the Services shall be made to August Moves via e-mail at [email protected] and to You at the e-mail address You provided during your enrollment in the Services and/or the email address in your Account. Should your e-mail address, billing information, or contact information change at any time throughout the relationship, it is your responsibility to update the information in your Account within 3-days, preferably sooner, of any change to avoid miscommunications.

6.7 Force Majeure: In the event that any cause beyond one’s reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for August Moves to perform any responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, August Moves is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill the responsibilities and obligations.

6.7 Email Communications: You understand that You may, from time to time, receive email communications from August Moves related to the Services, the Site, August Moves brand, and your participation in all of the above. By entering into this Agreement, You give August Moves permission to email You, at the email address on file, regarding the same.

6.7 Contact: If you have any questions or concerns about this policy or any August Moves Services, products, or features, please don’t hesitate to contact us at: [email protected]