Terms and Conditions for The Pilates Practice

TERMS AND CONDITIONS

Three Quail LLC dba The Pilates Practice (“The Pilates Practice” or “we”) provides Pilates classes and instructions in different forms, including in-person at studios and virtual through online platforms (“Programs”).  All participants, or a parent or legal guardian of a participant who is under 18 years of age (“Participants” or “you”), must agree to these Terms and Conditions in order to participate in our Programs.  

PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR.  BY SIGNING THESE TERMS AND CONDITIONS AND/OR PARTICIPATING IN OUR PROGRAMS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.  

LIABILITY WAIVER; ASSUMPTION OF RISK; INDEMNIFICATION: You acknowledge and agree that participation in the Programs may include, without limitation, strenuous physical activities, use of equipment, contact with other persons, and exposure to and contraction of communicable diseases (such as COVID-19).  You acknowledge and agree that the Programs can be dangerous and may involve known risks and unanticipated risks which could result in bodily or mental injury, illness, death, damage or loss to yourself, your property and to other third parties, which may be caused by your own actions or inactions, other Participants, conditions of the studios in which the Programs take place (including the equipment), or the negligence of The Pilates Practice (including its members, employees, contractors, and agents).  By signing below, you represent that you understand the nature of the Programs and you agree to assume all such risks and all responsibility for losses, costs, and damages you or any third parties may incur as a result of your participation in the Programs.  You further represent that you are participating in the Programs voluntarily, and that you are in good health, physically and mentally fit and otherwise able to participate in the Programs.  You agree to discontinue your participation in the Programs if you believe that your participation poses a danger to yourself or to any third party.  

In consideration of being permitted to participate in the Programs, you, your heirs, and legal representatives hereby forever release and discharge The Pilates Practice and its affiliates, members, employees, contractors, agents, successors and assigns (“Released Party”) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to your participation in the Programs caused or alleged to be caused in whole or in part by the negligence of any Released Party or anyone else, including negligent rescue operations.  You, your heirs, and legal representatives further agree not to sue any Released Party or cause any Released Party to be sued regarding any matter released above, and to indemnify and hold harmless each Released Party from and against any Loss regarding any matter within the scope of these Terms and Conditions.

FOR CALIFORNIA RESIDENTS – The release set forth herein is intended to be broad to provide a release and waiver to the great extent permissible under California law. You expressly waive all rights, benefits and protections under Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor or the 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. 

HEALTH RECOMMENDATION: We recommend you consult with a physician before starting any of our Programs. If you experience any pain or discomfort during the course of any Program, stop exercising immediately and seek medical attention. Pre-natal, post-natal, and all post-surgical clients must consult with their physician and have received verbal clearance to perform physical exercise. 

POLICIES: All private sessions are 50-55 minutes in length. All classes are 45 minutes in length. Private sessions and group classes require a cancelation notice that is received by e-mail, text, or phone call at least 48 hours prior to the session/class time. If you do not cancel or reschedule your class/session within the cancelation period, or fail to show up for your scheduled session/class, you will be charged the full rate. All sessions and packages are non-transferrable and non-refundable. All packages are valid from the purchase date to the end or their listed expiration period.

MEDIA RELEASE: By participating in the Programs, you agree to grant us and our successors and assigns, a perpetual, universal, irrevocable, royalty-free, and transferable right and license to use your name, image, likeness, voice and/or other personal attributes, photographs, video content, audio recordings of you captured in any manner in connection with any of the Programs, in any medium or format whether now or hereafter existing, for any purpose whatsoever (including advertising and promotion), and without any payment, consideration or notice to or consent by you or any third party.  You hereby irrevocably waive any rights that you may have in or to any of the foregoing, and further agree that The Pilates Practice is the sole and exclusive owner of any and all right, title and interest, including copyright, in and to any materials of any kind or nature containing or developed from use of your name, image, likeness, voice and/or other personal attributes.

GENERAL PROVISIONS: These Terms and Conditions constitute the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersede all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter.  If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Condition, and these Terms and Conditions shall be construed as if such term or provision had never been contained herein.  These Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to its conflict of law principles.  The state or federal courts located in the County of Napa shall have sole and exclusive jurisdiction over any action, suit, claim or proceeding relating to or arising from these Terms and Conditions, and you hereby consent to the jurisdiction of such courts.  You hereby waive any objections or defenses you may have against the laying of venue in such courts, including without limitation, lack of personal jurisdiction or forum non conveniens.  You consent to the use of electronic signature in lieu of an original signature on paper.

AMENDMENT; CONTINUED AGREEMENT.  We may change, update, terminate and replace these Terms and Conditions (“Amendment”) at any time with or without notice to you.  By continuing to participate in the Programs, you agree to be bound by such Amendment and it is your responsibility to ask for and review the current version of these Terms and Conditions.