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STUDIO
TERMS & CONDITIONS

Fifty/50 Pilates - Studio Terms & Conditions

Last updated on September 25, 2024

Fifty/50 Pilates (“Studio”) welcomes you to our Studio. These Studio Terms and Conditions (“Terms”) govern your attendance at and participation in any event at the Studio, including but not limited to sessions, classes, training (private or group), and virtual sessions, whether live or pre-recorded (collectively, “Services” or “Sessions”). By registering for or participating in Studio Services, you agree to these terms, which will form a binding Agreement between Studio and the

participant (“you,” “client,” or “participant”).

1. Participation Requirements

You must be at least 18 years of age, in good health, and capable of participating in the Services offered and physical activities performed in the Studio.

You must sign our Waiver and Release of Liability prior to participation in the physical activities performed in the Studio, which will be in effect for all of your future participation in Studio Services.

2. Services Offered

We are a Pilates studio that offers four service types:

Group session that is led by a pre-recorded virtual instructor in the Live & Virtual Class Room.

Group session that is led by a pre-recorded virtual instructor in the Live & Virtual Class Room and attended by a Pilates coach that assists clients with alignment and posture.

Virtual Session that is in the Solo Virtual Room. In the virtual session, the reformers each have a touchscreen associated with them through which a library of virtual instruction classes are available for the client to access individually in a session without having to be in a group session.

Private Instruction-these sessions will be conducted one-on-one with an instructor using one of the reformers located in the virtual room.

We reserve the right to modify the Services offered.

3. Payments and Bookings

Payment of the applicable fee for Services is due upon registration. If such payment is insufficient or declined for any reason Studio may refuse to provide access to the Services and shall have no liability in that regard.

 

To complete your purchase, you may be required to provide Studio’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Studio that such information is true and that you are authorized to use the payment instrument. You will promptly update your user account information with any changesthat may occur. You agree to pay Studio the amount that is specified in accordance with this Agreement. If you dispute any charges you must let Studio know within sixty (60) days after the date that Studio charges you.

4. Cancellation and Refund Policy

Recurring memberships may be cancelled with 28 days’ prior written notice. Reservations for booked Sessions can cancelled with 12 hours’ prior written notice. Email will be sufficient for a written notice of cancellation.

Late Cancellation Fee: If reservation for a booked Session is not cancelled with 12 hours’ prior written notice, there will be a $15 cancellation fee.

No-show fee. If you fail to show for a reserved Session, there will be a $20 no-show fee. Studio reserves the right to terminate a client’s membership or prepaid nonrecurring services, or refuse use of our services or equipment, if the client fails to adhere to these Terms.

There are no refunds.

5. Membership Terms

Memberships include a specified number of Pilates Sessions as set forth in the website and in your Membership Agreement. There are non-recurring Services options as set forth in the website.

You may purchase a Membership (recurring) by paying a membership fee in advance on a monthly basis or another interval as set forth in your Membership Agreement (each, an “Interval”). Once your initial Membership payment is processed, and effective as of that date (the “Membership Start Date”), your Membership shall immediately commence and shall automatically renew for each Interval, unless cancelled with 28 days’ prior written notice. AT THE BEGINNING OF EACH INTERVAL WE WILL AUTOMATICALLY BILL THE MEMBERSHIP FEES FOR SUCH INTERVAL TO YOUR PAYMENT METHOD, UNTIL

YOUR MEMBERSHIP IS CANCELLED OR TERMINATED.

You will be charged the rate stated at the time of purchase (plus applicable taxes) at the beginning of each billing period of your Membership via the payment method that you have provided. You are solely responsible for ensuring that your billing and payment information is correct to prevent your Membership from being cancelled. If your payment method cannot be

charged for any reason (such as expiration or insufficient funds), and you have not cancelled your Membership, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next Membership period and may change the date on which you are billed for each period. In addition, we reserve the right to cancel your Membership if your payment method cannot be successfully charged.

 

Prices and terms for Memberships may change at any time. The prices and terms in effect as of

the Membership Start Date shall remain in effect for the duration of the Membership term

pursuant to your Membership Agreement, provided that new or modified prices and terms may

apply to renewals or new Memberships. We will provide you with reasonable notice of any

updates or changes in prices or terms before they become effective. If you do not want to renew

your Membership under such new or modified prices or terms, you may cancel your Membership

as described herein.

6. Studio Etiquette Rules

To ensure a positive and respectful environment for all clients must you adhere to the following Studio Etiquette Rules:

Timeliness: Late arrivals may not be allowed to participate.

Attire: Wear appropriate workout clothing and clean socks or barefoot as required.

Cleanliness: Clean any equipment after use and dispose of trash appropriately.

Respect: Treat instructors and fellow clients with respect.

No Misuse of Equipment: Client shall use reformers and other equipment properly, in a safe

manner, and as instructed by Studio employees. Our reformers can only accommodate up to 300

pounds.

No photography or video. Clients may not use photography or video within the Studio.

7. Waiver and Release of Liability

By participating in any Studio classes or sessions, you acknowledge and agree to the following:

Assumption of Risk: You understand that physical exercise, including Pilates, carries a risk of injury, and you voluntarily assume this risk. You understand that it is your responsibility to consult with a physician prior to engaging in any exercise program. You voluntarily assume the risk of participation in Fifty/50 Pilates’ classes and activities.

Release of Liability: You release and discharge Fifty/50 Pilates, its instructors, and any associated entities from any and all claims, damages, or liabilities arising from your participation in our services.

Medical Clearance: You confirm that you are in good physical condition and have consulted with a healthcare provider before participating in any physical activity, if necessary.

No Warranties. Studio gives no warranties, whether written or oral, in respect of any aspect of the Studio Services, or any materials related thereto or offered through the Studio Services and, to the fullest extent possible under the laws governing this Agreement, disclaims all impliedwarranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, availability, and merchantability. The Studio Services are provided on an “as-is” and “as-available” basis. Studio makes no representations or warranties in relation to the information provided during the Studio Sessions. Neither Studio nor its affiliates accept any responsibility or liability for reliance by you or any person on any aspect of the Studio Sessions or any information provided through the Studio Sessions. All of the information provided through the

Studio Sessions is for informational use only. There is no guarantee that you will see positive results using the techniques and materials provided through the Studio Sessions.

Studio assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the Studio Services.

In sum, you understand that your attendance and participation at Studio Sessions is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law.

Indemnification. You agree to indemnify and hold Studio, its parents, subsidiaries, affiliates, officers, directors, employees, contractors, suppliers, agents, and representatives harmless, including costs, liabilities, and legal fees, from any claim or demand made by any third party due to, related to, or connected with your attendance or conduct at any Session.

8. Force Majeure

Studio shall not be held responsible for any delay or failure in performance of its obligations hereunder to the extent such delay or failure is caused by fire, earthquake, extreme weather, flood, strike, civil, governmental, or military authority, government rules or regulations, acts of God, acts of terrorism, acts of war, pandemic, epidemics, or other similar causes beyond its reasonable control and without the fault or negligence of Studio or its subcontractors. For one or more of such reasons, Studio may postpone, reschedule, or cancel the Studio Sessions without liability on the part Studio. In the event the Studio Session cannot be held or is postponed pursuant to this section, Studio shall not be liable to attendee for any damages, costs, or losses incurred, such as transportation costs, accommodations costs, or financial losses.

9. Governing Law

This Agreement shall be governed by the laws of the State of Texas and jurisdiction of any disputes under this Agreement shall lie in Travis County, Texas.

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