TERMS OF SERVICE
These terms of service (“Agreement”) are legal agreement between you (“you,” “your” or “Customer”) and Mind 2 Body Studio (“we,” “our,” “us” or “Company”). This Agreement states the terms and conditions that govern your use of the pilates classes services. By [clicking “Accept” at the end of this page or ]participating pilates lessons or accessing and using any and all Gyrotonic® equipment (collectively, “Services”), you are indicating that you accept, and agree to comply with, this Agreement. If you do not accept this Agreement, you are not permitted to, and you must not, access or use the Services. The Company reserves the right to amend or cancel this Agreement and chase providing you access to the Services at any time for any reason.
LIABILITY CLAUSE
You understand and acknowledge that participating our activities and using Services entails known and unknown anticipated risks that could result in physical, emotional or other injury or death. As such, you should consult with your doctor or have a physical examination before using any of the Services. You knowingly and freely agree to assume full responsibility for any risks, injuries, or dangers, known or unknown that you might incur while participating in the Services offered by, at, or in coordination with the Company. You acknowledge that you may engage in both privately supervised, group supervised or unsupervised activity and you assume all risks of using equipment, movement or exercise routines or props with or without staff present. In addition, you acknowledge that the Services may include outdoor activities, which may present risks such as slippery surfaces, uneven surfaces, loose rocks/gravel, unseen landscaping issues or more. You knowingly, voluntarily and expressly waive any claim for any injury that you may sustain as a result of participating in the Services.
You hereby release, indemnify and hold harmless the Company and PAYROC billing company, and Stripe billing company, any additional affiliates including subcontractors, etc. and the owners of these businesses or any other businesses that may be associated with these companies (collectively, “Company Affiliates”), with respect to any and all injury, disability, death, loss or damage to person or property that may arise out of connection with these businesses or any use of their products, services or classes. Your heir or legal representative forever release, waive and covenant not to sue or make any claims of any kind whatsoever against Company Affiliates, and instructors, employees, agents, contractors, volunteers, directors or officers of Company Affiliates for any property damage or loss, physical, emotional or other injury or death caused by, arising out of or relating to their acts or omissions, including negligence. You expressly, knowingly and intentionally waive for yourself the benefits and rights of section 1542 of the California Civil Code and any statute, rule or doctrine, or common law principle of any jurisdiction whatsoever of similar effect. Section 1542 of the California Civil Code states as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Cal. Civ. Code § 1542.
If, notwithstanding the foregoing, Company Affiliate is found to be liable to you or any third party for any damage or loss which arises under or in connection with your use of the Services, the relevant Company Affiliate’s total cumulative liability shall in no event exceed the greater of the amount you paid the Company through the Services.
You acknowledge that neither the Company nor any of its instructors or staff have the training, authority or expertise to provide medical treatment or related advice to you. No instructions, suggestions, or comments made in connection with its offering of the Services should be construed as medical treatment or related advice.
PERSONAL INFORMATION
You agree to provide accurate, current, and complete information as required for the use of the Services. The Company reserves the right to block further access to the Services to you if you provide false, inaccurate, or incomplete data. You acknowledge that the Company uses a third-party payment processing service to process orders and bill fees to your credit card.
CUSTOMER’S RIGHT TO CANCEL
If you wish to not to use the Services and cancel this Agreement, you may cancel it by delivering or mailing a written notice to the Company. The notice must be delivered to: Mind 2 Body Studio ([email protected]).
CANCELLATION POLICIES: If during the original term of membership period you relocate more than a 10 mile radius from the Company’s studio, you may cancel this Agreement by providing a 30 day written notice and proof of relocation in the form of a newly issued driver’s license, utility bill or other method approved by the Company. In the event of a cancellation based on a relocation, any pre-paid dues that the Company deems appropriate for refund will be refunded, except for a cancellation fee of $350 for private sessions and $250 for group classes.
If you die or become permanently disabled, you or your estate may cancel this Agreement by providing a written request and certifiable proof of death or disability. For permanent disability, your doctor must provide certification of the disability and state that you are unable to use the Services. In the event of a cancellation based on a death or permanent disability, any pre-paid dues that the Company deems appropriate for refund will be refunded and no cancellation fee will be charged.
The Company reserves the right to cancel or suspend your membership privileges for any time for any reason. If such cancellation or suspension is due to a violation of our policies, violations of terms or due to damages rendered by yourself or your guest, you are subject to full responsibility of the terms of this agreement along with a $50 fee and any charges for repairs to damages made.
If the Company goes out of business, you may cancel this Agreement by written notice. Any cancellation under this subset will receive a pro-rata refund of payments.
USE OF SERVICES
You, by executing this Agreement and as long as abiding by this Agreement, including, but not limited to, each of the obligations set forth in the “MEMBER OBLIGATION” below, are entitled to use the facilities of the Company’s studio. You shall be required to provide your own athletic equipment and clothes.
PAYMENT: You understand that by agreeing to purchase the Services at the prices advertised, you authorize us to charge your designated credit card (or a secondary credit card or payment method, if the designated credit card payment fails) for the associated fees for those services.
DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this Agreement, the Company will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payments due under this Agreement is more than ten days late. A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. If you are paying monthly dues by Electronic Funds Transfer (“EFT”), the Company’s designated billing company reserves the right to draft via EFT all amounts owed by you including any and all late fees and service fees subject to appropriate state and federal law.
SALES TAX: Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the Company has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount transferred will be adjusted to reflect any increase in the sales tax rate.
RIGHT TO CHANGE DESIGNATED BILLING COMPANY: The Company hereby reserves the right to change the designated billing company at their discretion and without warning. If such a change is made, the full terms and conditions of this Agreement will continue to apply and you agree to authorize the new designated billing company to continue drafting your account.
NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
MEMBERSHIP FREEZE POLICY: If you have a term membership (i.e. 12-month, etc.) you may freeze time on your membership. On a 6 month membership you may freeze your membership for 2 weeks. On a 12 month membership you may freeze your membership for one month. Freezing time on your membership does not stop your membership payments. You are still liable for your original payment schedule. Once you resume any usage of the Services, the freeze will terminate. Time of any freeze will be credited to the end of your membership’s original term.
Military Member: If at any time during the term of your Agreement, you are deployed or assigned to active duty, the Company will allow you to freeze your membership for the time in which you are absent upon written request from you. You will need to provide proof of deployment or assignment detailing your absence and the applicable time period.
MAINTENANCE OF FACILITIES : The Company may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes. The Company reserves the right to add a periodic facility maintenance charge. If the facility maintenance charge is implemented in the future, you will be given a minimum of a 60 day notice of the amount owed and due date. You authorize the designated billing company to automatically draft this amount along with your regular membership dues.
MEMBER OBLIGATIONS: (1) You agree to abide by all our policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other customers with courtesy. (2) You agree to pay monthly dues on time, including notifying the Company promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment. (3) You agree to pay all costs of collection incurred by the Company of this Agreement if this account becomes more than 60 days past due. (4) You agree to continue to fulfill the financial obligation of this Agreement. (5) If you violate this Agreement and the terms contained therein or any of the rules and regulations for use of the Company’s studio, the Company may suspend your right to use the facilities until such time as you provide us with reasonable assurance of future compliance. During the period of any such suspension, you shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Agreement. In the event you continueto violate the terms of this Agreement or the rules and regulations governing the studio, the membership may be terminated by the Company, and the balance of this Agreement declared due and payable in full immediately. (6) You agree that you shall always abide by our dress code while in the Company’s studio. (7) You agree that you shall not engage in any type of commercial or business activity while using the Company’s studio. You shall not act as a trainer for any other customers or guests and any acts which constitute such business activities are strictly forbidden. If you engage in such commercial or business activities, your membership shall be subject to immediate cancellation and the balance of this Agreement declared due and payable in full immediately. (8) You agree not to cause any nuisance, harass other customers, guests or employees. If you engage in such behavior, your membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.
THIRD PARTY SERVICES
The Company may provide links to third party services that are not owned or controlled by the Company, including, without limitation, Facebook, Instagram and LinkedIn (“Third Party Services”). We provide such links solely as a convenience to you. The Company does not review, approve, endorse, or make any representations about such Third Party Services, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Services, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Services linked to the Services, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Services. Your use of Third Party Services is subject to the terms of use and privacy policies located on the linked to Third Party Services which may be different from this Agreement or our privacy policy.
DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
DISPUTE AND ARBITRATION; CLASS ACTION WAIVER: Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to: Mind 2 Body Studio ([email protected]). In the unlikely event that we are unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes arising out of this Agreement through binding arbitration or small claims court instead of in courts of general jurisdiction. This includes any claims against other parties relating to the Services provided or billed to you whenever you also assert claims against us in the same proceeding. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award. We further agree that such arbitration shall be conducted on an individual basis only, not a class, collective or representative bases, and hereby waive any right to bring class-wide, collective or representative claims before any arbitrator or in any forum, except to the extent a representative action under the California Private Attorney General Act is, as a matter of law, not deemed subject to a such waiver.
All disputes relating in any way, directly or indirectly, to the Company for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Los Angeles, California, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this Agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the laws of the State of California, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees.
CHOICE OF LAW: This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to its conflicts of laws rules. Any court proceedings relating to this Agreement must be in the state courts of Los Angeles County, California or the U.S. District Court Central District of California sitting in Los Angeles County, California. If any provision of this Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
GENERAL TERMS
The Company may issue a warning, temporarily suspend, indefinitely suspend or terminate your right to use or access all or any part of the Services without notice, for any reason in the Company’s sole discretion, including without limitation breach of this Agreement, the Company’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to the Company or another customer of the Services. This Agreement constitute the entire agreement between you and the Company regarding its subject matter. The Company will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement contains the entire understanding between you and the Company and supersedes any prior oral or written negotiations or discussion about the subject matter of this Agreement. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties. The Company may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. You may not assign or otherwise transfer your rights, or delegate your performance, under this Agreement to any third party without in each and every case, the Company’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Services shall survive such termination.