In exchange for membership access to Ashlynn Howe Movement’s livestream and on-demand classes, you agree to be bound by the following conditions.

  1. Parties. This Agreement is made between Be Well Barre, LLC, a Limited Liability Company operating out of the State of Michigan  (“Ashlynn Howe Movement,” “AHM Studio,” “we,” “our,” and “us”) and you, the undersigned (electronically) or person who has clicked “I Agree” (or something similar) to this Agreement (“you” and “your”). 

  2. Services. We promise to provide you with access to our virtual studio and regularly scheduled classes (either online or in-person) at Ashlynn Howe Movement (the “Membership”), according to the terms of this Agreement, and as outlined in Schedule “A” Memberships below.  

  3. Term. This Agreement will be binding upon your Membership payment and will last for the time specified in Schedule “A” Memberships below, as specified online, or as agreed upon between us (the “Term”). 

  4. Termination. To terminate this Agreement, please cancel in your account settings or email for assistance. Any Payments made will not be refunded unless specified in the refund policy listed below. Please note that if you violate any of the terms of this Agreement, Ashlynn Howe Movement may terminate this Agreement effective immediately and you will not be entitled to any refunds or any continued working relationship with Ashlynn Howe Movement. 

  5. Our Commitment to You. Through your Membership, Ashlynn Howe Movement is committed to providing you with livestream and on-demand fitness classes.

  6. Code of Conduct. You agree to be mindful and respectful during the classes and duration of your Membership. This includes respecting other members of Ashlynn Howe Movement in their fitness journey in our virtual AHM Studio community classes and spaces. You also agree to comply with our studio protocol, policies and guidelines, as updated from time to time on our website or posted on-site. 

  7. Scheduling. Please consult Ashlynn Howe Movement or refer to our available schedule of classes for the exact scheduling and time of our classes.

  8. Media Release. We have included a Media Release as Schedule “B” to this Agreement. Please review and fully understand it before clicking “I agree” to this Agreement, as it means we will be allowed to use your image, video and likeness however we deem appropriate.

  9. Payment. You agree to pay the price, including the possibility of recurring payments (“Recurring Payment”), of the Membership as outlined below in Schedule “A” (the “Payment”). All Payments, prices and costs are in $ USD.

  10. The Payment price outlined in Schedule “A” is subject to taxes and additional fees. Any subsequent changes to the Payment price will not affect the validity of this Agreement.

  11. Payment is due upon completed purchase of the Membership and must be made in full prior to the start of your Membership. It is the consumer’s responsibility to cancel their 7-day free trial inside of their member account prior to automatic monthly withdrawal, which will activate at the end of 7 days free. 

  12. Fluctuation of Payments. Your rate will remain locked in during the duration of your Membership. If you rejoin after terminating your membership, you will join at the current rate on the date of your rejoining. We will reserve the right to change our prices, and in your acceptance of these new prices and continued payment, you continue to be bound to all the terms of this Agreement. 

  13. Recurring Payments. If your Payment includes Recurring Payments, you authorize Ashlynn Howe Movement to maintain your account information and charge that account automatically upon the renewal of the Membership, or as otherwise specified, with no further action required by you. 

  14. Payment Failure. In the event that your Payment fails, your Membership access will be temporarily suspended until we receive your Payment. In the event of four (4) failed payments, you understand that Ashlynn Howe Movement will cancel your membership and may contract a collection agency to collect the money from you. 

  15. Refunds. Our refund policy is as follows: All sales are final. Memberships are non-refundable and non-transferable.

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

  17. No Guarantees. Ashlynn Howe Movement cannot guarantee any particular success from participating in our classes or from our Membership. We promise to provide you with the opportunity to achieve your goals, but any success and results ultimately depend on your commitment.

  18.  Ashlynn Howe Movement also cannot guarantee that all of your actions during your Membership will be supervised. This Agreement to receive a Membership and related services does not include any express or implied guarantee of supervision.

  19. Force Majeure. Ashlynn Howe Movement will not be liable for any failure or delay regarding the Membership if such failure or delay is: beyond the reasonable control of Ashlynn Howe Movement, 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.

  20. Substitute Services. Ashlynn Howe Movement has the right to substitute services. If we ever need to switch to online classes or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution.

  21. Waiver. Before your Membership can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You will be asked sign our Waiver Agreement as well as this Agreement so that we can be absolutely sure you understand and agree to it.

  22. Indemnity. You hereby fully indemnify Ashlynn Howe Movement and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death, personal injuries or loss/damage to personal property. This includes the contraction of COVID-19 or other communicable diseases or related to premises liability, however, caused, including as a result of the Released Parties’ negligence.

  23. Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of Michigan. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Michigan. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. 

  24. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. 

  25. Waiver of Breach. The waiver by Ashlynn Howe Movement 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 the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement. 

Be Well Barre, LLC

Ashlynn Howe, Owner

SCHEDULE “A” MEMBERSHIPS

AHM Studio Membership

Cost

USD $39

Details

• Unlimited on-demand library ft. strength training, barre, sculpt, mat pilates, & more
• New class(es) weekly
• Livestream pop-up classes & recordings
• Free access to programs and challenges
• AH Movement app: cast to any device, sync iOS calendar, book livestream, community chat, & more
• Weekly Member Mail ft. weekly suggested movement schedule for community & consistency

Renewal 

Monthly

SCHEDULE “B” MEDIA RELEASE AGREEMENT

The purpose of this Media Release Agreement as added as an addendum to your Studio Membership Agreement (the “Release”) is for you to give us permission to use any photos or videos we capture of you as we record content and share it online. We want it to be perfectly clear that you are giving away the irrevocable rights of your audio, video, photo and other recordings to Ashlynn Howe Movement.

  1. On-Camera Release. You hereby grant to Be Well Barre, LLC, a Limited Liability Company operating in the State of Michigan, and any of  its subsidiaries, affiliates, successors, licensees and assigns (collectively, “Ashlynn Howe Movement” or “us”) the worldwide, irrevocable, perpetual right to photograph and record you on video or film, edit and use any such photographs or recordings, including your voice, movements, musical or other sound effects, as well as your biographical information and testimonials, for any purpose, including commercial use, in any and all media, now known or hereafter devised. 

  2. Materials Release. You hereby grant to Ashlynn Howe Movement the worldwide, irrevocable, non-exclusive, perpetual right to use the copyrighted photographs and/or video recordings, taken by you or of you, which you either provide to Ashlynn Howe Movement or which Ashlynn Howe Movement takes of you (the “Licensed Material”) for any purpose, including commercial use and resale, in any and all media, now known or hereafter devised. 

  3. Ashlynn Howe Movement’s use of the Licensed Material shall be subject to an arrangement made between you and Ashlynn Howe Movement. You warrant and represent that you have the right and authority to grant these rights, that the consent of no other person or company is required to enable Ashlynn Howe Movement to use the Licensed Material, and that such use will not violate the rights of any kind of any third parties. 

  4. Release of Liability. You hereby release Ashlynn Howe Movement from any and all claims and demands of any nature whatsoever arising out of or in connection with it exercising its rights under this Media Release Agreement, including without limitation, any and all claims for invasion of privacy, infringement on the right of publicity or personality, defamation (including libel and slander), and infringement of moral rights and other personal and/or property rights. Further, you agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future. You hereby agree to indemnify and hold harmless Ashlynn Howe Movement and its members, officers, directors, employees, volunteers, agents, heirs, executors, administrators, successors and assigns from any and all liability resulting from our use of the Licensed Materials. 

  5. Ownership of Licensed Materials. You understand that in signing this Studio Membership Agreement and clicking ‘I Agree’, you are irrevocably assigning, across all jurisdictions in the world and forever, any intellectual property rights you have in the Licensed Materials, however they were created. Ashlynn Howe Movement will always have full intellectual property ownership of the Licensed Materials.

I HAVE READ THIS MEDIA RELEASE AND FULLY UNDERSTAND ITS CONTENTS AND VOLUNTARILY AGREE TO ITS TERMS AS IS EVIDENCED BY MY CLICKING “I AGREE” TO THE AHM STUDIO MEMBERSHIP AGREEMENT.