CHLOE SCULPTS

Part 1 - Membership Agreement & Subscription Terms

MEMBERSHIP AGREEMENT & SUBSCRIPTION TERMS

Effective Date: [DATE]

This Membership Agreement & Subscription Terms (“Agreement”) is entered into between [LEGAL BUSINESS NAME], doing business as Chloe Sculpts (“Chloe Sculpts,” “we,” “us,” or “our”), and the individual purchasing or accessing a Chloe Sculpts membership (“Member,” “you,” or “your”).

By enrolling in a Chloe Sculpts membership, completing the electronic signup process, checking the applicable acceptance box, or otherwise purchasing or using Chloe Sculpts services, you acknowledge that you have read and agree to this Agreement, subject to all rights provided to you by applicable law.

 

1. THE CHLOE SCULPTS PROGRAM

Chloe Sculpts is an online fitness platform offering live and pre-recorded fitness classes.

Chloe Sculpts classes are beat-based workouts designed to promote muscular endurance, strength, conditioning, and physical fitness through a combination of Pilates-inspired movements, strength-training exercises, bodyweight movements, and other fitness techniques.

Your membership may provide access to some or all of the following, depending on the membership plan you select:

• live Chloe Sculpts classes;

• pre-recorded/on-demand Chloe Sculpts classes;

• workout libraries;

• class schedules;

• instructional videos;

• modifications and demonstrations;

• community features;

• announcements and other fitness-related content; and

• other services or features that Chloe Sculpts may make available from time to time.

The specific services included in your membership will be identified at the time of purchase.

 

2. MEMBERSHIP PLANS AND PRICING

Before completing your purchase, you will be shown the applicable membership plan, price, billing frequency, applicable taxes, and any other applicable charges.

Your membership may be offered on a:

• monthly basis;

• annual basis; or

• other billing schedule expressly identified at checkout.

The price and billing terms displayed at checkout are incorporated into this Agreement.

Unless otherwise stated at checkout, membership fees are charged in advance for the applicable membership period.

Chloe Sculpts reserves the right to introduce new membership plans or modify existing plans, subject to applicable law and any notice requirements that apply.

 

3. RECURRING BILLING

If you select a recurring membership, you authorize Chloe Sculpts and its designated payment processor to charge your selected payment method for each renewal period at the applicable membership price.

Your membership will continue to renew until cancelled in accordance with this Agreement, unless otherwise required by applicable law.

You are responsible for maintaining accurate and current payment information.

If a payment is declined, expires, or otherwise cannot be processed, Chloe Sculptsmay attempt to process the payment again or request an alternative payment method.

Chloe Sculpts will not knowingly continue charging a membership after a valid cancellation has become effective.

 

4. AUTOMATIC RENEWAL DISCLOSURE

IF YOU SELECT A RECURRING MEMBERSHIP, YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNTIL CANCELLED. THE APPLICABLE RECURRING PRICE AND BILLING FREQUENCY WILL BE CLEARLY DISPLAYED BEFORE YOU COMPLETE YOUR PURCHASE.

You may cancel your recurring membership using the cancellation method made available by Chloe Sculpts and subject to any cancellation rights provided by applicable law.

 

5. CANCELLATION

You may cancel your membership in accordance with the cancellation terms applicable to your membership and applicable Massachusetts law.

For ordinary cancellation, you may cancel through online cancellation.

If you cancel a recurring membership, cancellation will generally become effective at the end of the then-current paid membership period unless applicable law requires an earlier effective date or a refund.

Cancellation stops future recurring charges but does not automatically create a refund for a partially used billing period except where a refund is required under this Agreement or applicable law.

Chloe Sculpts does not intend to restrict any cancellation right that cannot lawfully be restricted.

​

 

6. ADDITIONAL MASSACHUSETTS CANCELLATION RIGHTS

After the applicable initial cancellation period, you may have additional rights to cancel your membership under Massachusetts law.

These rights include cancellation in circumstances involving:

• the Member's death;

• significant physical or medical disability lasting more than three months; and

• certain circumstances in which the services are no longer available because of the seller's failure to open, permanent discontinuation, or substantial change in operation.

Applicable law governs the circumstances, documentation, notice, and refund requirements associated with these rights. 

To request cancellation under one of these circumstances, contact:

CHLOE SCULPTS LLC
movewellcoco@gmail.com
 

 

. REFUNDS

Except where otherwise required by applicable law, membership fees are non-refundable after the applicable billing period has begun.

Nothing in this Agreement is intended to limit any refund or cancellation right that you may have under applicable law.

Where a refund is legally required, Chloe Sculpts will process the refund within the time required by applicable law.

 

8. MEMBERSHIP ACCESS

Your membership is personal to you.

You may not:

• share your login credentials;

• allow another person to use your membership;

• sell, transfer, or sublicense your membership;

• provide access to Chloe Sculpts classes to persons who are not authorized Members; or

• reproduce or distribute Chloe Sculpts content.

Chloe Sculpts may suspend or terminate access for unauthorized sharing, misuse of the platform, fraudulent activity, or material violation of these Terms, subject to applicable law.

 

9. CHANGES TO CLASSES AND SCHEDULES

Chloe Sculpts may periodically modify:

• class schedules;

• instructors;

• class formats;

• workout content;

• music;

• platform features;

• available equipment recommendations; and

• other aspects of the service.

We will make reasonable efforts to maintain the overall nature and value of the membership purchased.

Nothing in this section limits any cancellation or refund rights provided by applicable law.

10. TEMPORARY INTERRUPTIONS

Chloe Sculpts may occasionally be unavailable because of:

• maintenance;

• technical problems;

• internet or telecommunications failures;

• third-party service interruptions;

• circumstances outside our reasonable control; or

• other operational issues.

We will make reasonable efforts to restore service when reasonably practicable.

Temporary interruptions do not automatically entitle a Member to a refund unless required by applicable law.

 

11. INTELLECTUAL PROPERTY

All Chloe Sculpts content, including classes, videos, recordings, graphics, photographs, logos, trademarks, written materials, music arrangements, choreography, programming, text, designs, and other materials provided through the platform are owned by or licensed to Chloe Sculpts and are protected by applicable intellectual-property laws.

Your membership grants you a limited, personal, non-exclusive, non-transferable right to access and use Chloe Sculpts content for your personal, non-commercial fitness purposes during your active membership.

You may not copy, download, reproduce, distribute, publicly perform, publicly display, sell, sublicense, teach, modify, or commercially exploit Chloe Sculpts content without written permission.

 

12. NO COMMERCIAL USE

Unless Chloe Sculpts provides written permission, you may not use Chloe Sculpts classes, videos, choreography, programming, recordings, or other content to:

• teach your own fitness classes;

• operate a fitness business;

• provide personal training;

• create competing fitness products;

• upload content to another platform; or

• otherwise use Chloe Sculpts content commercially.

 

13. USER ACCOUNTS

You are responsible for maintaining the confidentiality of your account credentials.

You agree to provide accurate information when creating an account and to update your information when necessary.

You are responsible for activity occurring through your account unless the activity results from circumstances outside your reasonable control.

 

14. MINIMUM AGE

Chloe Sculpts is intended for adults. You must be at least 18 years old to purchase a membership unless a parent or legal guardian completes any required consent process for a minor.

 

15. HEALTH AND SAFETY

Exercise involves inherent risks.

Before participating in Chloe Sculpts classes, you should consider your current physical condition, fitness level, injuries, medical conditions, medications, pregnancy status, and other circumstances that may affect your ability to exercise safely. You should consult a qualified healthcare professional when appropriate.

You are responsible for determining whether participation is appropriate for you and for modifying or stopping an exercise when necessary. Your Membership Agreement incorporates the separate Chloe Sculpts Client Participation, Health & Safety Acknowledgment, which must be reviewed before participating.

​

 

16. NO MEDICAL OR PROFESSIONAL ADVICE

Chloe Sculpts provides general fitness instruction and educational content.

Chloe Sculpts does not provide medical diagnosis, medical treatment, physical therapy, individualized medical advice, or emergency medical services. Information provided through Chloe Sculpts should not be treated as a substitute for advice from your physician or other qualified healthcare professional.

 

17. NO GUARANTEE OF RESULTS

Individual results vary. Chloe Sculpts does not guarantee that participation will result in weight loss, muscle growth, increased strength, improved endurance, changes in body composition, or any other particular physical or aesthetic result.

 

18. LIMITATIONS REQUIRED BY LAW

Nothing in this Agreement is intended to waive, release, limit, or eliminate any claim, defense, right, remedy, or protection that cannot lawfully be waived or limited under Massachusetts law or other applicable law.

In particular, if Massachusetts health-club laws apply to this Agreement, nothing in this Agreement is intended to require you to waive claims or defenses arising from the health-club contract or your participation in health-club activities where such waiver is prohibited by law. Massachusetts General Laws chapter 93, §80 expressly addresses this issue.

 

9. TERMINATION BY Chloe Sculpts

Chloe Sculpts may suspend or terminate your account for material violations of this Agreement, fraudulent or unauthorized use, unlawful conduct, or misuse of Chloe Sculpts content. Where appropriate, Chloe Sculpts will provide notice and an opportunity to address the issue before termination. Termination does not eliminate rights or obligations that accrued before termination.

 

20. GOVERNING LAW

This Agreement will be governed by the laws of the Commonwealth of Massachusetts, except to the extent that applicable law requires otherwise.

Nothing in this section is intended to deprive a consumer of rights or protections that cannot lawfully be waived.

 

21. CHANGES TO THIS AGREEMENT

Chloe Sculpts may update these Terms from time to time.

For material changes, Chloe Sculpts will provide notice through reasonable means, such as email, account notification, or a notice on the platform.

If a material change affects an existing membership in a way that requires consent or provides a cancellation right under applicable law, Chloe Sculpts will comply with those requirements.

 

22. SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

 

23. ENTIRE AGREEMENT

This Agreement, together with the Client Participation, Health & Safety Acknowledgment, applicable Terms of Use, Privacy Policy, and any other documents expressly incorporated into it, constitutes the agreement between you and Chloe Sculpts regarding your membership.

If there is a conflict between this Agreement and a mandatory provision of applicable law, the applicable law controls.

 

​

Part 2 - Client Participation, Health & Safety Acknowledgment

Client Participation, Health & Safety Acknowledgment

Please read this document carefully before participating in any Chloe Sculpts class.

Chloe Sculpts  is an online fitness platform offering live and pre-recorded workout sessions. Chloe Sculpts classes are beat-based workouts designed to create muscular fatigue and endurance through a combination of Pilates-inspired movements, strength-training exercises, bodyweight movements, and other fitness techniques.

By enrolling in, accessing, or participating in Chloe Sculpts classes, I acknowledge and agree to the following:

1. Voluntary Participation

I understand that participation in Chloe Sculpts classes is voluntary. I am choosing to participate based on my own judgment and at a level of intensity appropriate for my current physical condition and abilities.

I understand that Chloe Sculpts classes may be physically demanding and may involve repetitive movements, muscular fatigue, elevated heart rate, balance challenges, and other physical exertion.

2. Health and Medical Fitness

I understand that exercise involves inherent risks, including but not limited to muscle soreness, strains, sprains, falls, dizziness, fainting, overexertion, dehydration, and other injury or illness.

I represent that I am physically capable of participating in exercise and that I have considered my current health, fitness level, and any relevant medical conditions before participating.

If I have any concerns about whether exercise is appropriate for me, I understand that I should consult a physician or other qualified healthcare professional before participating.

Chloe Sculpts and its instructors are not providing medical advice, diagnosis, or treatment through the platform.

3. My Responsibility During Classes

I understand that I am responsible for determining whether an exercise, movement, modification, or level of intensity is appropriate for me.

I agree to:

• listen to my body and work within my own abilities;

• modify or skip an exercise whenever necessary;

• take breaks and hydrate as needed;

• stop exercising if I experience pain, dizziness, shortness of breath, nausea, unusual discomfort, or other concerning symptoms; and

• seek appropriate medical attention when necessary.

I understand that the instructor may demonstrate movements and provide verbal cues, but the instructor cannot observe every aspect of my form, environment, physical condition, or performance, particularly during online classes.

4. Home Workout Environment

I understand that Chloe Sculpts classes are performed in my own environment, which Chloe Sculpts does not control or inspect.

Before participating, I agree to make sure that my workout area is reasonably safe and suitable for exercise, including having sufficient space, appropriate flooring, adequate lighting, and appropriate footwear or equipment where necessary.

I understand that furniture, flooring, pets, children, electrical cords, exercise equipment, weights, and other objects in my environment may create risks that Chloe Sculpts and its instructors cannot control. During live and pre-recorded classes, instructors may not be able to observe:

• my exercise form;

• my physical condition;

• my surroundings;

• my equipment;

• my level of exertion; or

• other circumstances that could affect my safety.

I understand that instructor demonstrations and verbal cues are general guidance and may not be individualized to my particular body, condition, limitations, or fitness level.

 

5. Equipment

Chloe Sculpts may recommend or incorporate equipment such as:

• exercise mats;

• hand weights;

• resistance bands;

• blocks;

• ankle weights;

• furniture or household items; or

• other fitness equipment.

I am responsible for selecting equipment appropriate for my abilities and for inspecting equipment before use.

I will not knowingly use damaged or defective equipment.

 

6. Live and Pre-Recorded Content

I understand that Chloe Sculpts offers both live and pre-recorded classes.

Pre-recorded classes may be completed without real-time interaction with an instructor. Live classes may involve instruction delivered remotely and may not permit the instructor to identify every participant's physical limitations, surroundings, technique, or signs of distress.

I understand that demonstrations and instructions are intended for general fitness and educational purposes and are not individualized medical or physical therapy advice.

7. Understanding of Physical Activity Risks

I understand that physical activity and exercise inherently involve risks, including the possibility of injury, illness, or other adverse physical consequences.

I voluntarily choose to participate with an understanding of these inherent risks and agree to exercise reasonable judgment regarding my participation.

Nothing in this acknowledgment is intended to waive, release, limit, or eliminate any right or claim that cannot lawfully be waived or limited under applicable law.

8. PREGNANCY AND OTHER SPECIAL CIRCUMSTANCES

If I am pregnant, recently gave birth, recovering from an injury or medical procedure, or have another condition that may affect my ability to exercise, I understand that I should consult an appropriate healthcare professional regarding participation. Chloe Sculpts instructors are not acting as my physician or healthcare provider.

 

9. No Guarantee of Results

I understand that individual fitness results vary.

Chloe Sculpts does not guarantee any particular result from participation, including weight loss, muscle development, strength, endurance, flexibility, or other physical or aesthetic outcomes.

10. NO MEDICAL ADVICE

Chloe Sculpts content is intended for general fitness and educational purposes.

It is not medical advice and is not intended to diagnose, treat, cure, or prevent any disease, injury, or medical condition.

11. Emergency Situations

I understand that Chloe Sculpts instructors and representatives may not be physically present with me during a workout and may not be able to respond to a medical or other emergency occurring during my participation.

If I experience a medical emergency or believe I am experiencing a serious injury or health problem, I understand that I should stop exercising and contact emergency medical services or another appropriate healthcare professional.

12. ASSUMPTION OF INHERENT RISKS

I understand that physical exercise necessarily involves inherent risks.

I voluntarily choose to participate with an understanding of those inherent risks.

This acknowledgment does not waive, release, or limit any claim, right, remedy, or protection that cannot legally be waived or limited under applicable law.

Nothing in this document is intended to constitute a waiver prohibited by Massachusetts law.

​

 

Part 3 — Website / App Terms of Use & Privacy Notice

 

WEBSITE, PLATFORM & APP TERMS OF USE AND PRIVACY NOTICE

Effective Date: Friday, August 28th 2026

These Website, Platform & App Terms of Use and Privacy Notice (“Terms”) govern your use of the Chloe Sculpts website, application, membership platform, and related digital services operated by Chloe Sculpts, LLC., doing business as Chloe Sculpts (“Chloe Sculpts,” “we,” “us,” or “our”). By accessing or using the Chloe Sculpts platform, you agree to these Terms.

​

 

1. ELIGIBILITY

You may use the Chloe Sculpts platform only if you are legally capable of entering into an agreement.

If Chloe Sculpts permits minors to use the platform, a parent or legal guardian must complete the required consent process.

 

2. ACCOUNT INFORMATION

You agree to provide accurate, current, and complete information when creating your account.

You are responsible for maintaining the security of your login credentials.

ou must notify Chloe Sculpts promptly if you believe your account has been accessed without authorization.

 

3. PERSONAL USE ONLY

The Chloe Sculpts platform is provided for your personal, non-commercial use.

You may not:

• share your account;

• provide your credentials to another person;

• copy Chloe Sculpts classes;

• record classes for redistribution;

• upload Chloe Sculpts content elsewhere;

• sell or sublicense Chloe Sculpts content; 

• use Chloe Sculpts content to teach your own classes without permission;

• create competing products using Chloe Sculpts content; or

• circumvent access controls.

4. CHLOE SCULPTS CONTENT

Chloe Sculpts and its licensors own or have rights to the content made available through the platform.

This includes:

• workout videos;

• live classes;

• recordings;

• choreography;

• exercise sequences;

• written materials;

• photographs;

• graphics;

• logos;

• trademarks;

• audio;

• music-related content;

• website design;

• software;

• text; and

• other materials.

Except for the limited personal-use license expressly granted by your membership, no ownership rights are transferred to you.

 

5. LIMITED LICENSE

Subject to your compliance with these Terms and your active membership, Chloe Sculpts grants you a limited, non-exclusive, non-transferable, revocable license to access Chloe Sculpts content for your personal fitness purposes.

This license ends when your membership ends or is terminated.

 

6. PROHIBITED CONDUCT

You may not use the platform to:

• violate any law;

• interfere with platform operation;

• attempt unauthorized access;

• distribute malware or harmful code;

• impersonate another person;

• harass instructors or other Members;

• collect other Members' information without authorization;

• infringe intellectual-property rights;

• circumvent membership restrictions; or

• use Chloe Sculpts content for unauthorized commercial purposes.

 

7. COMMUNITY FEATURES

If Chloe Sculpts provides comments, community groups, messaging, social features, or other interactive functions, you are responsible for content you submit.

You agree not to submit content that is unlawful, threatening, abusive, defamatory, discriminatory, invasive of another person's privacy, or infringing of another person's rights.

Chloe Sculpts may remove content that violates these Terms or applicable law.

 

 

8. LIVE CLASS RECORDINGS

Chloe Sculpts may record live classes for operational, instructional, archival, or on-demand purposes.

Chloe Sculpts will provide appropriate notice regarding recording practices.

If you do not want your image, video, or audio to appear in a recording, you should follow Chloe Sculpts' instructions for disabling your camera, microphone, or other participation features where those controls are available.

Chloe Sculpts will not represent that a live class is private if it is being recorded or otherwise made available to Members.

 

 

10. THIRD-PARTY SERVICES

Chloe Sculpts may use third-party services for:

• payment processing;

• video hosting;

• streaming;

• email;

• scheduling;

• analytics;

• authentication;

• customer support;

• website hosting; and

• other business functions.

Your use of those services may also be subject to the third party's terms and privacy policies. Chloe Sculpts is not responsible for independent third-party services outside Chloe Sculpts' reasonable control.

 

11. LINKS TO OTHER WEBSITES

The Chloe Sculpts platform may contain links to third-party websites. Those websites are not controlled by Chloe Sculpts. We are not responsible for the content, security, privacy practices, or availability of third-party websites.

 

12. PLATFORM AVAILABILITY

Chloe Sculpts does not guarantee that the platform will always be available, uninterrupted, secure, or error-free.

We may perform maintenance, updates, upgrades, or changes to the platform.

 

13. DISCLAIMERS

Chloe Sculpts provides general fitness content and educational information. Chloe Sculpts does not provide medical advice, diagnosis, treatment, or emergency medical services. Information on the platform should not be used as a substitute for individualized advice from a qualified healthcare professional.

 

14. INTELLECTUAL-PROPERTY RIGHTS

Chloe Sculpts' trademarks, branding, logos, content, and other intellectual property may not be used without prior written authorization.

Nothing in these Terms grants you permission to use the Chloe Sculpts name, logo, branding, or other intellectual property for commercial purposes.

 

15. COPYRIGHT CONCERNS

If you believe content available through Chloe Sculpts infringes your copyright, please contact:

Chloe Glennon

movewellcoco@gmail.com

Your notice should identify the copyrighted work, identify the allegedly infringing material, and provide sufficient information for Chloe Sculpts to investigate the concern.

16. INFORMATION WE COLLECT

Depending on how you interact with Chloe Sculpts, we may collect information such as:

Information you provide

• name;

• email address;

• account information;

• billing information;

• payment-related information processed through our payment provider;

• communications with Chloe Sculpts;

• customer-support information;

• class preferences;

• optional profile information;

• Survey responses; and

• other information you voluntarily provide.

Information collected automatically

When you use the platform, we may collect technical information such as:

• IP address;

• browser type;

• device type;

• operating system;

• pages or screens viewed;

• approximate usage information;

• referring website;

• session information; and

• other technical information necessary to operate and secure the platform.

 

17. HOW WE USE INFORMATION

We may use information to:

• create and manage your account;

• process payments;

• provide Chloe Sculpts services;

• provide customer support;

• communicate with you;

• send service-related notices;

• administer memberships;

• improve the platform;

• understand platform usage;

• personalize content where appropriate;

• prevent fraud and unauthorized access;

• maintain security;

• comply with legal obligations; and

• perform other purposes disclosed when information is collected.

18. EMAIL COMMUNICATIONS

We may send transactional communications relating to your membership, including:

• account notices;

• payment confirmations;

• cancellation confirmations;

• service announcements;

• security notices; and

• important changes to the platform.

If you separately opt into marketing communications, you may receive promotional emails.

You may unsubscribe from marketing communications using the unsubscribe mechanism included in those communications, subject to legally permitted exceptions for transactional messages.

 

19. PAYMENT INFORMATION

Payments may be processed by third-party payment processors.

Chloe Sculpts generally does not need to store your complete payment-card number when payment processing is handled by a third-party processor.

Your payment information may be subject to the processor's privacy policy and security practices.

 

20. COOKIES AND ANALYTICS

Chloe Sculpts may use cookies, pixels, analytics tools, or similar technologies to:

• operate the platform;

• remember preferences;

• understand usage;

• maintain security;

• measure performance; and

• improve the user experience.

​

 

21. HOW WE SHARE INFORMATION

We may share information with service providers who help us operate Chloe Sculpts, including providers supporting:

• payment processing;

• hosting;

• video delivery;

• email;

• analytics;

• customer support;

• security;

• scheduling; and

• other necessary business operations.

We may also disclose information when reasonably necessary to:

• comply with law;

• respond to legal process;

• protect Chloe Sculpts, Members, or others;

• investigate fraud or abuse; or

• protect the security of our systems.

We do not sell personal information merely because you use the Chloe Sculpts platform.

• hosting;

• video delivery;

• email;

• analytics;

• customer support;

• security;

• scheduling; and

• other necessary business operations.

22. DATA SECURITY

We use reasonable administrative, technical, and organizational measures designed to protect personal information.

However, no online system can be guaranteed to be completely secure.

You are responsible for maintaining the security of your account credentials.

 

23. DATA RETENTION

We retain information for as long as reasonably necessary for the purposes described in this Privacy Notice, including providing services, maintaining records, complying with legal obligations, resolving disputes, and enforcing agreements.

Specific retention periods may vary depending on the type of information and applicable legal requirements.

 

24. YOUR PRIVACY RIGHTS

Depending on where you live and applicable law, you may have rights concerning your personal information.

These may include rights to request access to, correction of, deletion of, or information about certain personal information.

To submit a privacy-related request, contact:

movewellcoco@gmail.com

Chloe Sculpts may need to verify your identity before completing certain requests.

 

​

 

26. CHANGES TO THIS PRIVACY NOTICE

We may update this Privacy Notice periodically.

When changes are material, we will provide notice through reasonable means.

The revised Privacy Notice will become effective on the date stated at the beginning of the updated notice.

 

27. GOVERNING LAW

These Terms will be governed by the laws of the Commonwealth of Massachusetts, except to the extent applicable law provides otherwise.

Nothing in these Terms is intended to waive mandatory consumer rights or protections.

 

 

29. SEVERABILITY

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain effective to the extent permitted by law.

 

30. NO WAIVER OF NON-WAIVABLE RIGHTS

Nothing in these Terms, the Membership Agreement, or the Client Participation & Safety Acknowledgment is intended to waive any right, claim, defense, cancellation right, refund right, or consumer protection that applicable law prohibits a consumer from waiving.