1. Introduction and Notice of Consent

These Terms & Conditions (“Conditions”) govern your use of Cedar + Ember website (the “Website”), any related mobile applications (the “App”), and your participation in classes, activities, events, and programs offered by Cedar + Ember (“Classes”), including use of our studios, premises, and equipment (“Facilities”).

BY SIGNING UP FOR AND/OR ATTENDING CEDAR + EMBER CLASSES, ACTIVITIES, AND OTHER PROGRAMS, AND BY USING CEDAR + EMBER’S PREMISES, FACILITIES, AND EQUIPMENT, YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN HEATED AND NON-HEATED EXERCISE CLASSES, AND THE USE OF FITNESS EQUIPMENT INVOLVES INHERENT RISKS AND DANGERS THAT CANNOT BE ELIMINATED REGARDLESS OF CARE TAKEN.

By accessing the Website or App, purchasing Goods or Services, or attending Classes, you affirm that you have read, understand, and voluntarily agree to be legally bound by these Conditions. If you do not agree, you must not use the Website, App, or participate in Classes.

2. Definitions

• Class: Any fitness, wellness, or exercise class provided by Cedar + Ember.

• Credit: A unit purchased and used to book a Class.

• Goods: Retail items offered for sale at Cedar + Ember studios or online.

• Services: Services offered via the Website, App, or Studios, including Classes.

• Studios: Any studio location operated by Cedar + Ember.

• Facilities: Any area within Cedar + Ember studios, including but not limited to studios, locker rooms, and common areas.

3. Eligibility and Minors

You must be at least 16 years old to attend Classes or use Facilities. Participants under 18 must have a parent or legal guardian sign this waiver and consent on their behalf. Cedar + Ember reserves the right to refuse registration or participation where guardian consent is not properly obtained.

4. Health Acknowledgement and Assumption of Risk

You acknowledge and understand that participation in fitness activities, including but not limited to heated and non-heated mat-based classes, strength training, and the use of exercise equipment, involves inherent risks. These risks include, but are not limited to, muscle strains, sprains, dizziness, dehydration, fainting, heat-related illness, cardiovascular events, joint or back injuries, concussions, paralysis, and death.

You voluntarily choose to participate in Classes and to use the Facilities with full knowledge of these risks. You knowingly, freely, and expressly assume full responsibility for any and all risks, injuries, losses, or damages, whether caused by negligence or otherwise, that may occur as a result of your participation.

5. Medical Representation

You represent and warrant that:

• You are physically and medically able to participate in Classes;

• You have no condition that would place you at undue risk; and

• You have not been advised by a physician to refrain from physical exercise.

If you have a chronic condition, disability, or injury, you acknowledge that participation may increase risk. Cedar + Ember reserves the right to deny access to Classes or Facilities until a written medical clearance from a licensed physician is provided at your expense.

6. Client Responsibility

You are responsible for monitoring your own physical condition. You agree to stop participating immediately if you feel pain, dizziness, discomfort, or otherwise unwell. You are encouraged to rest, modify movements, or exit class at any time.

7. Waiver, Release, and Indemnification

To the fullest extent permitted under Missouri law, you, on behalf of yourself and your heirs, executors, administrators, personal representatives, and assigns, hereby knowingly and voluntarily agree to the following:

Waiver and Release: You waive, release, and forever discharge Cedar + Ember, its owners, officers, directors, members, employees, instructors, contractors, agents, affiliates, successors, and assigns from any and all claims, demands, causes of action, damages, costs, or liabilities of any kind arising out of or related to your participation in Classes or use of the Facilities, including claims arising from the ordinary negligence of Cedar + Ember.

Indemnification: You agree to indemnify, defend, and hold harmless Cedar + Ember from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from or related to your participation in Classes, use of the Facilities, or breach of these Conditions, to the extent permitted by law.

Nothing in this section is intended to waive or limit any rights that cannot be waived under Missouri law.

8. Risk of Exposure to Illness

You acknowledge that participation in Classes or events at Cedar + Ember studios or off-site locations may involve exposure to viruses, bacteria, or other infectious or communicable diseases. Such exposure may occur despite reasonable preventative measures taken by Cedar + Ember.

You knowingly and voluntarily assume all risks related to potential exposure and agree that Cedar + Ember shall not be liable for any illness, injury, or damages resulting from such exposure, except to the extent prohibited by Missouri law. You further agree to comply with all health, safety, and hygiene protocols implemented by Cedar + Ember.

9. Class Rules and Safety Compliance

You agree to comply with all posted rules, instructor guidance, and safety requirements. Failure to comply may result in denial of entry or removal from Class without refund.

Certain Classes may require specific equipment or attire (e.g., mat towels for heated classes). Failure to comply may result in refusal of participation.

10. Credits, Booking, and Cancellations

• One Credit is required per Class.

• Credits are non-refundable except where required by law or explicitly stated.

• Classes are subject to availability.

• Cancellations made at least 6 hours before class start time will receive a Credit refund.

• Late cancellations and no-shows penalties apply.

• Waitlist Credits will be refunded if no spot becomes available.

• If Cedar + Ember cancels a Class, your Credit will be refunded.

11. Goods and Returns

Unused and undamaged Goods may be returned within 7 days with proof of purchase for a refund, subject to applicable consumer laws.

12. Website and App Use and Legal Notice

Cedar + Ember maintains this Website for the convenience, education, and communication of existing and prospective clients. You may browse the Website and download materials solely for personal, non-commercial use, provided all copyright and proprietary notices are retained.

You may not copy, distribute, modify, transmit, reuse, repost, or use Website content for public or commercial purposes without prior written consent. Website content may be updated, modified, or removed at any time without notice. Cedar + Ember does not guarantee that content will be current, uninterrupted, or error-free.

13. Accounts, Security, and Passwords

You are responsible for maintaining the confidentiality of your account credentials. Notify Cedar + Ember immediately of any unauthorized access. We are not liable for losses incurred before notice is received.

14. Privacy, Communications, and Data Use

Personal information is collected only when voluntarily provided through registrations, purchases, SMS opt-ins, or account use. Such information may be used for transactional, operational, and marketing communications. Anonymous data may be collected automatically to improve services.

Any communications submitted via the Website, App, email, SMS, or otherwise shall be deemed non-confidential and non-proprietary and may be used by Cedar + Ember for any lawful purpose, including service improvement and marketing, subject to applicable privacy laws.

15. Cookies and Tracking

The Website and App may use cookies to enhance user experience and functionality. You may disable cookies through your browser settings, though this may limit functionality.

16. Intellectual Property

Unless otherwise noted, all product and service names, designs, logos, titles, text, images, audio, video, trademarks, service marks, and other intellectual property displayed on the Website or App are owned by or licensed to Cedar + Ember. Nothing contained herein grants any license or right to use such intellectual property without prior written permission.

Unauthorized use, reproduction, or distribution of any materials is strictly prohibited.

17. No Warranties and Limitation of Liability

THIS WEBSITE, THE APP, AND ALL SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

To the fullest extent permitted by Missouri law, Cedar + Ember shall not be liable for any direct, indirect, incidental, consequential, punitive, or special damages arising out of or related to your use of the Website, App, linked sites, or participation in Classes or use of Facilities, even if advised of the possibility of such damages.

18. Right to Refuse Service

Cedar + Ember reserves the right to refuse service, terminate accounts, or deny access to Classes or Facilities at its sole discretion.

19. Governing Law and Venue

These Conditions, your use of the Website or App, and your participation in Classes or use of Facilities shall be governed by and construed in accordance with the laws of the state of Missouri, without regard to conflict of law principles. Any claim or dispute shall be brought exclusively in a court of competent jurisdiction located within Missouri, and you consent to such jurisdiction.

20. SMS Messaging Program

By opting into the Cedar + Ember SMS program, you consent to receive recurring text messages regarding class reminders, schedule updates, promotions, and membership communications.

Opt-Out: Text STOP at any time to unsubscribe. A confirmation message will be sent.

Help: contact info@cedarandemberstudio.com

Message and Data Rates: Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

1. Program Description

By opting in, you agree to receive recurring automated text messages from Cedar + Ember ("we," "us," "our") at the mobile number you provided. Messages may include but are not limited to appointment reminders, account alerts, promotional offers, customer support follow-ups, schedule updates, class cancellations. Consent to receive these messages is not a condition of any purchase.

2. Message Frequency

You may receive up to 10 messages per week. Message frequency may vary depending on your activity and interactions with us.

3. Message and Data Rates

Message and data rates may apply. Charges are billed by and payable to your mobile service provider. Please contact your wireless carrier for details about your messaging plan.

4. How to Opt Out and Get Help

You can unsubscribe the SMS service at any time by replying STOP to any message we send you. After you send STOP, you will receive a one-time confirmation message, and no further messages will be sent. If you want to rejoin, you can sign up again using the original opt-in method or reply START. For help or more information at any time, reply HELP to any of our messages. You can also contact our support team directly at info@cedarandemberstudio.com.

5. Carrier Liability Disclaimer

Carriers are not liable for any delayed or undelivered messages.

Link to Privacy Policy: https://www.cedarandemberstudio.com/privacy-policy

21. Unaffiliated Third-Party Sites

References or links to third-party products or websites do not constitute endorsement. Accessing third-party sites is at your own risk.

22. Acknowledgment

By signing electronically or participating in any Cedar + Ember Class or Service, you confirm that you have carefully read, fully understand, and voluntarily agree to all Terms & Conditions and the Liability Waiver set forth above.