Terms of Service

Effective Date: July 22, 2023

Welcome to Escape Pilates Studio! These Terms of Service ("Terms") govern your use of our services, both in-person at our physical studio in Costa Mesa, CA, and through our associated phone application (the "App"). By using our services, you agree to these Terms. If you do not agree with any part of these Terms, please refrain from using our services.

Studio Services and App Usage:

a. Escape Pilates Studio offers various fitness classes, including Pilates sessions, group classes, and personal training. By participating in these classes, you acknowledge that physical activities carry inherent risks, and you assume full responsibility for your own safety.

b. The App allows you to book classes, manage your account, view schedules, and receive important notifications related to our services.

c. To access the App and book classes, you must create an account. You are responsible for maintaining the confidentiality of your account information and ensuring that your account remains secure.

Code of Conduct:

a. Respect and Courtesy: We expect all clients to treat our instructors and fellow participants with respect and courtesy during classes and while using our services.

b. Health and Safety: Please follow the instructions of our instructors and inform them of any health conditions or physical limitations before participating in classes.

c. Prohibited Activities: Any form of harassment, disruptive behavior, or unlawful activities on our premises or through the App will not be tolerated.

Payments, Cancellations, and Refunds:

a. Payment: Class fees and any other applicable charges must be paid in advance. We accept various payment methods, as specified on our website and the App.

b. Cancellation: If you need to cancel your class booking, please do so at least [insert cancellation period, e.g., 12 hours] before the scheduled start time to avoid being charged.

c. Refunds: Refunds for class cancellations or other services are subject to our refund policy, available on our website and the App.

Third-Party Services and Links:

a. Third-Party Services: Our services may integrate with or utilize third-party applications, platforms, or services ("Third-Party Services") to enhance your experience or provide additional functionalities. Your use of Third-Party Services is subject to their respective terms of service and privacy policies, and you agree to comply with such terms and policies when using these services in connection with Escape Pilates Studio.

b. Links to Third-Party Websites: Our website or the App may contain links to third-party websites or resources that are not owned or controlled by Escape Pilates Studio. We do not endorse or assume any responsibility for the content, privacy practices, or actions of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.

c. Release from Liability: You hereby release and discharge Escape Pilates Studio from any and all liability arising from your use of any Third-Party Services or your interactions with any third-party websites.

Modifications to the Services:

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, our services, including the App, with or without notice. You agree that Escape Pilates Studio shall not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

Amendments to the Terms:

We may update or amend these Terms from time to time to reflect changes in our services or for other operational, legal, or regulatory reasons. The updated Terms will be effective upon posting on our website and the App, and your continued use of our services after the posting of any changes constitutes your acceptance of the updated Terms.

Intellectual Property:

a. All content, materials, and logos displayed on our website, in our studio, and within the App are the property of Escape Pilates Studio or its licensors and are protected by copyright and other intellectual property laws.

b. You may not use, reproduce, modify, or distribute our intellectual property without our prior written consent.

Limitation of Liability:

a. To the fullest extent permitted by law, Escape Pilates Studio, its instructors, and affiliated entities shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from or in any way related to the use of our services, the App, or participation in our classes.

b. In no event shall our total liability exceed the amount paid by you for the specific service or class giving rise to the claim.

Termination:

We reserve the right to terminate your access to our services, including the App, if you violate these Terms or engage in any inappropriate or unlawful behavior.

Changes to the Terms:

We may update these Terms from time to time. Any changes will be effective upon posting the revised Terms on our website and the App. Your continued use of our services after the posting of any changes constitutes your acceptance of the updated Terms.

Privacy Policy: View our Privacy Policy

a. Privacy Policy Agreement: By using our services, including the App, you acknowledge that you have read, understood, and agreed to the terms of our Privacy Policy. Our Privacy Policy outlines how we collect, use, disclose, and protect your personal information and can be found on our website and the App.

b. Personal Information: We collect and process personal information in accordance with our Privacy Policy. This includes information you provide when creating an account, booking classes, and interacting with our services.

c. Health Information: Your health-related information, such as any medical conditions or physical limitations you share with us, is handled with utmost care and used to ensure your safety during classes. We will only share this information with our instructors for the purpose of providing safe and effective sessions.

d. App Usage Data: When using the App, we may collect usage data, including but not limited to device information, IP address, and usage patterns. This data is used to improve the functionality and user experience of the App.

e. Third-Party Services: Some of your personal information may be shared with third-party service providers as outlined in our Privacy Policy. These providers assist us in delivering our services and are bound by confidentiality agreements.

f. Data Security: We take reasonable and appropriate measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no data transmission or storage system can be guaranteed to be 100% secure.

g. Children's Privacy: Our services are not intended for individuals under the age of 18. We do not knowingly collect personal information from children. If you believe your child has provided us with personal information, please contact us immediately.

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of laws principles.

Indemnification:

You agree to defend, indemnify, and hold harmless Escape Pilates Studio, its owners, instructors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your use of our services, the App, or any violation of these Terms.

Dispute Resolution:

a. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of laws principles.

b. Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, including the formation, interpretation, breach, termination, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted by a single arbitrator who has experience in the fitness and wellness industry. The location of the arbitration shall be in Orange County, California.

c. Waiver of Class Action: You and Escape Pilates Studio agree that any arbitration shall be conducted on an individual basis and not on a class or representative action. You and Escape Pilates Studio waive any right to bring a class action or seek relief on a class basis in connection with any claim.

d. Equitable Relief: Notwithstanding the foregoing, either party may seek equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Severability:

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

Entire Agreement:

These Terms constitute the entire agreement between you and Escape Pilates Studio regarding your use of our services and the App and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written.

Contact Us:

If you have any questions or concerns about these Terms, please contact us at:

Phone: (949) 903-1103
Email:
escapepilates@gmail.com

By using our services or the App, you acknowledge that you have read, understood, and agreed to these Terms.