Agreement between User and https://reformedpilates.com

Welcome to https://reformedpilates.com. The https://reformedpilates.com website (the “Site”) is an E-Commerce Site comprised of various web pages operated by Reformed Pilates (“Reformed Pilates”). Access to and use of https://reformedpilates.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the website of https://reformedpilates.com constitutes your consent and agreement to all such Terms. Please read these terms carefully and keep a copy for your reference.

Reformed Pilates website is intended for use to gain information on: (a) Reformed Pilates studio locations, classes, scheduling, instructors and policies; (b) Reformed Pilates Teacher Trainings; and (c) Reformed Pilates pricing including new client pricing, package pricing and membership pricing. The Reformed Pilates website also serves as a scheduling software for Reformed Pilates clients and potential clients to reserve classes via Mariana Tek integration. Reformed Pilates clients and potential clients may also utilize the Zendesk support integration on the Reformed Pilates website to request assistance with their Reformed Pilates accounts and/or questions related to new client sign up.

Communications

Visiting https://reformedpilates.com or sending emails to Reformed Pilates constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Further, by posting messages, inputting data or engaging in any other form of communication (individually or collectively “Communications”) on the Site, you hereby grant to Reformed Pilates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Reformed Pilates for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign, convey or otherwise transfer your account to any other person or entity. You acknowledge that Reformed Pilates is not responsible for third party access to your account that results from theft, fraud or misappropriation of your account. Reformed Pilates and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Age of Use of the Site

Reformed Pilates does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under age eighteen (18), you may use https://reformedpilates.com only with permission of a parent or guardian.

Cancellation/Refund Policy

There are no contracts for Auto Renewal memberships. We do require 30-days written notice PRIOR TO YOUR AUTO-RENEWAL DATE to cancel. The last monthly membership payment is required in full for all cancellations (including cancellations from a freeze). To cancel, you must submit a ticket by clicking on the member support button on our website. Cancellations cannot be submitted or processed in a Reformed Pilates studio. You cannot purchase a membership and cancel the membership on the same day. As a result, you are committing to at least two months, the first month and the last month of membership, when you purchase an auto renewal membership. Prepaid Memberships can be cancelled at any time, provided notice is given in advance of the next payment date. Unless cancelled, Prepaid Memberships will renew automatically for the given number of months previously purchased. Memberships purchased in the online store will activate on the same day. If you would like to purchase a membership with a future start date or are looking to Upgrade/Downgrade a current membership, please submit a support ticket or call our office prior to purchasing @ 602-466-2819.

Scheduling

Schedule adjustments can be made in the app or on our website! Our Late Cancel window is 6 hours before the start of your scheduled class. (ie; if you are scheduled for 12PM class, you will need to cancel by 5:59AM to avoid a penalty fee). Penalties for Late Cancel and No-Show classes are as follows: Classes reserved using a membership will be charged a $10 Late Cancel fee and $20 for a No-Show fee. Limited Memberships (8 and 12 classes per month) will be credited a class for which a penalty fee is incurred within 72 hours of the original class time. Limited Membership classes do not roll over on a month-to-month basis and are available for use only during the 30 day billing period. Because credited classes are manually added back to your account, they may not be available immediately to reschedule. Classes reserved using a package, Single Class or Single Guest class will result in the loss of the class.

Links to Third Party Sites/Third Party Services

https://reformedpilates.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Reformed Pilates and Reformed Pilates is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Reformed Pilates is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Reformed Pilates of the site or any association with its operators.

Certain services made available on the Site are delivered by other third-party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Reformed Pilates may share such information and data with any third party with whom Reformed Pilates has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms of use. As a condition of your use of the Site, you warrant to Reformed Pilates that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Reformed Pilates or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Reformed Pilates content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Reformed Pilates and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Reformed Pilates or our licensors except as expressly authorized by these Terms.

International Users

The Site is controlled, operated and administered by Reformed Pilates from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws, rules and regulations. You agree that you will not use the Reformed Pilates Content accessed through the Site in any country or in any manner prohibited by any applicable laws, rules or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Reformed Pilates, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Reformed Pilates reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Reformed Pilates in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a Maricopa County, Arizona, or in such other location as may be agreed upon by the parties in writing. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction to enforce such arbitration award. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REFORMED PILATES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

REFORMED PILATES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. REFORMED PILATES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REFORMED PILATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REFORMED PILATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Reformed Pilates reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Reformed Pilates as a result of this agreement or use of the Site. Reformed Pilates’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Reformed Pilates’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Reformed Pilates with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Reformed Pilates with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Reformed Pilates with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Reformed Pilates reserves the right, in its sole discretion, to change the Terms under which https://reformedpilates.com is offered. The most current version of the Terms will supersede all previous versions. Reformed Pilates encourages you to periodically review the Terms to stay informed of our updates.