Terms & Conditions
INFORMED CONSENT, WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK
I recognize that birthing /parenting/ movement classes offered by Birthsmarter (the “Program”) may involve physical activity, including, but not limited to trying different standing and seated positions utilizing a birth ball, receiving massage or acupressure, yoga, or pre or postnatal fitness. I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in the Program. I understand participating in the Program via an online or virtual format carries additional risks because an instructor is not present for immediate guidance and observation. I acknowledge that my enrollment and all subsequent participation in the Program is voluntary and I do so entirely at my own risk. I acknowledge that I have approval from my doctor or medical professional to begin the Program.
I understand the risks of participating in group classes during the COVID-19 pandemic and by choosing to attend an In-person class I waive and release any claim of injury or damage to myself or others due to possible or confirmed exposure to COVID-19.
I understand that any physical activity, especially when pregnant, carries the risk of injury and due to its physical nature, the Program could therefore result in my injury. I expressly agree that all physical activity and risk of injury that I undertake as a part of the Program is undertaken at my sole risk.
I further expressly agree that I will not use any equipment related to the Program improperly. If equipment is located on the premises that is not used as part of the Program, I expressly agree that I will not use the equipment and release Birthsmarter, its agents and employees from any claim, demands, injuries, damages, actions, or causes of action, that could occur from my inappropriate use of such equipment.
I also understand and agree that all information provided in the Program is for informational purposes only and is not a replacement for medical advice from a physician or your pediatrician. The Program and information therein does not replace the relationship between physician/therapist and a client in a one-on-one treatment session with an individualized treatment plan based on their professional evaluation. The Program and any information therein is provided "as is" without any representations or warranties, express or implied.
I will not rely on the Program as an alternative to advice from my medical professional or healthcare provider and I will never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided in the Program. I understand and agree that all medical related information is for informational purposes only.
Birthsmarter, its agents and employees, shall not be liable to me for any claims, demands, injuries, damages, actions or causes of action to my person or property arising out of or connected with the Program and the premises where the Program is located. I expressly release Birthsmarter, its agents and employees from all such claims, demands, injuries, damages, actions, or causes of action, and from all acts of active or passive negligence on the part of Birthsmarter, to the extent such a release of negligence is permissible by law.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this Program. In the event of sickness, accident, or injury, I authorize Birthsmarter and its representatives to obtain, on my behalf, emergency medical treatment at my expense.
This Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. This Agreement shall be construed and enforced according to the laws of the State of New York and any dispute under this Agreement must be brought in this venue and no other.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I UNDERSTAND AND AGREE THAT I AM GIVING UP LEGAL RIGHTS BY ACKNOWLEDGING THIS AGREEMENT AND THAT I AM DOING SO VOLUNTARILY, FREELY, UNDER NO THREAT OF DURESS, WITHOUT INDUCEMENT, PROMISE, OR GUARANTEE BEING COMMUNICATED TO ME. RESERVING MY SPOT IN CLASS IS PROOF OF MY INTENTION TO EXECUTE A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE OF ALL LIABILITY TO THE FULL EXTENT OF THE LAW.
Our classes provide general information and discussion opportunities about preparing for pregnancy, childbirth, parenting, and related subjects. The content provided in our classes is for informational purposes only. Our instructors are not medical providers, and any information, advice, or recommendations provided in our classes may not be considered medical advice nor relied upon as such. Any and all medical concerns or questions should be directed to your physician, midwife, pediatrician, or other certified medical provider who is licensed to practice medicine and dispense medical advice.
Birthsmarter is committed to providing an exceptional childbirth education experience. Unfortunately, when a student cancels without giving enough notice, they prevent another expectant parent from being able to attend class. If you miss your class or have to cancel your class for any reason:
30 plus days in advance, you receive 100% refund
30-15 days in advance, you receive 75% refund
14 days or less in advance, there are no refunds
If you need to reschedule a class:
30 + days in advance, no fee, as long as there’s availability
30 – 15 days in advance, $50 rescheduling fee, as long as there’s availability
14 days or less in advance, $50 rescheduling fee + up to cost of class if the seat you leave does not fill.
We highly recommend that you schedule any prenatal classes or workshops to end prior to 30 days of your expected due date. We are not responsible for providing make-ups or issuing any credit for classes missed as a result of scheduling conflicts, vacations, illness, emergencies, or other circumstances beyond our control.
Class Cancellation / Adjustment Policy:
We reserve the right to alter class times due to low enrollment. Every effort will be made to work with students’ schedules to ensure that the student receives the instruction they signed up for. If we cannot place you in another class or schedule a private session comparable to what you signed up for, a full refund will be given.