PRIVACY
The privacy policy of Santosha Pilates, LLC, effective, March 1, 2020, is summarized as follows:
Information Collection and Use.
Santosha Pilates, LLC may collect personal information from individuals who visit our website including name, email address, phone number, credit card information, classes taken and requested, date of birth and current injuries or other physical activity restrictions. We also collect information that your website browser sends to us that is called Log Data. Log Data may include information such as your computer's Internet Protocol address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
Changes to Personal Information.
If you wish to change any of your personal information, as described above, you may contact Santosha Pilates, LLC by email at mandee@santoshapilates.com
Sharing Information.
Santosha Pilates, LLC may share your personal information with employees, marketing services, email servers, payment processing companies and other third-party companies and individuals used by Santosha Pilates, LLC in the course of providing services to clients. These third-parties may also collect your personal information. If you do not wish to share your information with third parties, you must notify us in writing to mandee@santoshapilates.com
Children's Privacy.
Santosha Pilates, LLC does not knowingly collect, disclose or use personal information from children under the age of 13. If we discover that a child under 13 has provided us with personal information, we will immediately delete their personal information from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please inform us by email at pilateswithmandee@gmail.com.
Changes to Privacy Policy.
We may occasionally update our privacy policy. We will provide notice of changes to our privacy by email and by updating the privacy policy link on our website.
Contact Santosha Pilates, LLC.
If you have questions about our privacy policy, you may contact us by email at mandee@santoshapilates.com
TERMS OF SERVICE
Effective Date: December 15, 2023
This Terms of Service (the “Agreement”) is between You, the user and client, and Santosha Pilates, LLC (“Santosha Pilates”).
1 - DESCRIPTION OF SERVICES: The Santosha Pilates brand provides movement therapy and education through: live, in-person individual sessions, group classes, workshops, and events; an online membership program (“Membership”), which includes member’s-only digital platforms and content; digital courses; free and paid online resources; a website and related third-party sites (the “Sites”); social media platforms; mobile applications; and other distribution platforms (collectively, the “Services”) operated by Santosha Pilates.
These Terms pf Service are applicable to all users of Santosha Pilates through its “Website” www.santoshapilates.com and related domains, sub domains, and mobile and desktop applications (individually and collectively the “Sites”). These Terms govern your use of and interaction with the Services, Sites (including all functionalities, features, streaming services, audio, visual, written media, downloaded content from the Sites), web links and user interfaces, and all content and software associated with the Services as provided by Santosha Pilates.
2 - ACCEPTANCE OF TERMS: The Sites are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such of these terms, conditions, and notices. Santosha Pilates has the right, at its sole discretion, to modify, add, or remove any terms or conditions without notice or liability to You. Any changes shall be effective immediately. You may see the most recent changes and version of this Agreement as noted by the date at the top. You agree to review these changes from time to time and agree that any subsequent use by You of the Sites and Services following the changes shall constitute your acceptance of such change. The Services provided by the Sites are made available for your personal, non-commercial use only.
3 – DESCRIPTION AND USE OF THE PRODUCTS AND SERVICES:
Santosha Pilates offers:
- Live, in-person movement therapy, group classes, workshops, and events.
- The “Membership,” a digital library of online workouts, with new videos added monthly.
- Digital courses and workshops available for purchase on-demand via instant download.
1:1 SESSIONS AND GROUP CLASSES: rooted in the principles of Pilates, client attend movement therapy individual sessions and group classes, in addition to practicing their recommended exercises, or ‘homework,’ in combination, to empower healthy and pain-free movement.
For more information on the booking, payment, and policies, see Section 6
MEMBERSHIP: Santosha Pilates’s Membership is a monthly subscription membership provides on-demand digital access to hundreds of pre-recorded workouts in an extensive video library (“Library”).
For more information on the Use Fee and access, see Section 7.
COURSES AND WORKSHOPS: You may enroll in on-demand digital courses and workshops via the Site, which allow you access to virtual education. Your enrollment in the course or workshop will generally include:
- Virtual, self-paced educational material
- Downloadable PDF guide to support and compliment the course material
- Access to the course for a specified amount of time.
REGISTRATION INFORMATION: The Sites and Services are not directed at children under eighteen years of age, unless explicitly marketed as such (for example, Toddler Yoga). By providing information about yourself to Santosha Pilates You are representing that You are eighteen years of age or older OR have a parent/guardian’s approval and supervision if You are 13-18 years old, and that You, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
In such event that any Service is specifically created for a child of any age, the Service will be expressly described as such, the parent/guardian must agree to these Terms and those of the Liability Waiver, and depending on the age of the participant, the parent/guardian must also be present and/or participate.
You also agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on our Sites and especially when creating your Account, as defined below; and (2) maintain and promptly update your Account information to keep it true, accurate, current, and complete.
If You provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Santosha Pilates reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
4 – PURCHASING, PAYMENTS: If you elect to access any component of the Sites and/or Services for which there is a fee, You agree to pay all fees and charges associated with such Service, via your Account, as defined below, on a timely basis. You agree that You are financially willing and able to invest the cost of the Services, and that by so doing, You are not incurring any economic hardship in any way.
All purchases are paid in full at the time of purchase or enrollment. All fees and charges (including any taxes and late fees, as applicable) will be charged to your credit card on file, as further described below. As some services require auto-billing for continued monthly access, You agree to maintain valid credit card information as part of your Account information when applicable.
TYPES OF PURCHASES: The Service may allow You to access on a subscription, auto-bill basis (the Membership) OR on a pay-per-event basis (on-demand content in the Library related to certain courses or workshops, one-time events, and/or workshops). Receipts are sent to the email address on file once the charge is successful.
By making a purchase, You expressly agree that Santosha Pilates is authorized to charge your selected purchase on the payment method You designate. You can update this information at any time by logging into your Account.
ACCOUNT: Upon your first purchase of the Services, or first use of the Sites and/or Website, You will be prompted to create an account (the “Account”) with Santosha Pilates via third-party hosting platform Arketa. Your Account is protected via password and where You will purchase and book certain Services, access certain purchased products, and securely store credit card information.
Your Membership will continue in effect unless and until You cancel it, as described below, or Santosha Pilates terminates it. You must cancel your Membership according to the terms of this Agreement, and prior to the next billing cycle, to avoid further billing.
PAYMENT PROCESSOR: Payments made on the Sites are processed by the third-party payment processor Stripe. You may choose to a store credit card on file within your Stripe account for: (1) incidental charges relating to your use of the Sites, (2) ease of transaction, and/or (3) for enrollment in the Membership which does require a credit card on file to enroll. In such event that an incidental charge needs to be made (for example, related to late-cancellation fees) the cardholder and account holder gives permission to Santosha Pilates to charge the card on file for purchases made through the Site. Additionally, the cardholder and account holder may give permission to Santosha Pilates to charge the card for auto-debit memberships.
AUTO-DEBIT: By enrolling in an auto-debit contract via joining the Membership, You authorize Santosha Pilates to, on a recurring basis - on the same of the day of each month of the membership, automatically charge the debit or credit card account You specified, for the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Santosha Pilates will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. Santosha Pilates may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. Santosha Pilates cannot be held responsible for errors in processing due to expired or inaccurate information.
5 – PURCHASING: REFUNDS, CANCELLATION POLICY:
Refund Policy: It is Santosha Pilates’s intention for You to be happy with your participation and education in the Services. Due to the extensive time, effort, preparation, and care that goes into creating and/ providing the Services, all sales are final, and no refunds will be provided.
Unless otherwise provided by law, You acknowledge that all sales are final and Santosha Pilates does not offer refunds for any portion of your payment for any of the Services at any time, unless explicitly indicated otherwise at the time of purchase. By agreeing to the terms of this Agreement, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it.
Should You attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not and You will lose all access to ALL materials purchased from Santosha Pilates, including ALL previous Services which You may have previously purchased such as access to your Account and Membership content. You will remain contractually responsible for payment of Services in full.
SANTOSHA PILATES MEMBERSHIP CANCELLATION: If You are enrolled in the Membership and chose to cancel, You must cancel your through your Account, prior to the next month’s billing date, which is the same calendar day as your original date of purchase. When You cancel prior to the next billing date, You still maintain access to the paid Services through the end of your billing cycle. If You do not cancel prior to your billing date You will be automatically billed, with no refund, for the subsequent month and continue to have access until your next billing date, at which point your Membership will be considered cancelled and You will not be billed further.
6 – 1:1 SESSIONS AND CLASSES: BOOKING AND CANCELATION POLICIES
RESERVING SESSIONS AND CLASSES: You are solely responsible for the booking and canceling of your private sessions and small group sessions.
You may schedule sessions on the Sites and/or via your account. Once on the Site, You must log into your Account, and either have an existing session in your Account, or purchase a session to secure the reservation. Your reservation is not considered complete until it is paid in full at which point an email receipt confirming the same will be sent to You.
CANCELLATIONS, RESCHEDULING, LATE-CANCEL POLICY: All sessions (private and group) may be canceled without penalty by canceling up to 24-hours prior to the start time of your session. Cancellations may be done online only via (1) your Account, or (2) the confirmation email sent at the time of booking.
To completely and properly cancel, you must ALSO email Mandee directly to timely reschedule a private; she will be able to apply your session credit to the desire new date/time.
If the cancellation is made inside of the 24-hour window prior to Your session, it will be considered a ‘late cancel’ and the credit will be forfeited, and/or You will be charged the full amount. If You do not show up to the scheduled session, it will be considered a ‘no show’ and You will forfeit the credit.
Cancellations via texting, Facebook messenger, Instagram, and other social media platforms are not valid forms of cancellation, and You will be charged if the booked session or class is not properly canceled outside the cancellation window.
In the event of an emergency on their part, Santosha Pilates reserves the right to move your session/class to another mutually agreeable time, or to cancel it outright. In this rare instance that Santosha Pilates must do so, You will not be charged for the changed session/class, and You session will be promptly rescheduled.
LATE ARRIVALS: Clients are expected to arrive to the studio on-time, and ready to begin their session. Accordingly, if You arrive late to your scheduled session, it is within the discretion of the instructor whether to proceed with the session. In the instance that the instructor does proceed with the session, the session time will not be extended due to the client’s tardiness and will end at the scheduled time. In the event You are so late that it is not feasible to train, your tardiness will be considered a “no-show” and their session fee will be forfeited from their account.
7 – ACCESS AND DELIVERY OF PRODUCTS AND SERVICES: After making a purchase from Santosha Pilates, You will be able to access the corresponding materials as follows through your Account.
1:1 SESSIONS: Participants of live, in-person movement therapy 1:1 sessions will be provided access to an individual and customized Google document, created by Santosha Pilates, with a recap of that day’s work and your “homework” - exercises, movements, and other therapeutic suggestions You’re to follow through and perform prior to your next sessions. The Google document should be updated with your recap by the end of the day of your session.
MEMBERSHIP ACCESS: You will be granted access to the Library and all other Membership content via your Account for the duration of your enrollment.
VIRTUAL COURSES, WORKSHOPS: You will be granted access to all recordings and materials via your Account upon purchase.
Limited License For Use of The Services: Santosha Pilates grants you a non-exclusive, non-transferrable, personal, non-sublicensable, limited right and license to access and use the Sites and Services, including viewing the content and accessing the materials based upon the purchase or membership selected by You or attend the event/workshop you purchased, for non-commercial purposes only.
8 - USER INFORMATION; PASSWORD AND SECURITY: You are solely responsible for the information You input or upload to the Sites and Services and represent and warrant that You have the right and authorization to register for the Sites and Services. Santosha Pilates reserves the right in its sole discretion to decide whether the information You input or upload to shared and/or public forums and discussions is appropriate and complies with the terms of this Agreement, other Santosha Pilates policies, and applicable laws and regulations.
If You register for the Sites and Services, You will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up to date.
Your Privacy Rights are set forth in our Privacy Policy located on the Site.
PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, such as access to the Services and your Account, You will need a username and password. You agree to keep this information confidential and not share it with anyone else. For purposes of these Terms “sharing” also refers to live-streaming the Services with any non-members, who are receiving the benefits of the Services without payment.
If Santosha Pilates has reasonable grounds to suspect that You (1) have shared your username and password with anyone else, (2) used the materials and Services in a way contrary to what is intended and/or agreed upon; and/or (3) shared, disseminated, provided access to, forwarded, or in any other way made known to a non-purchasing user copyrighted materials such as video recordings, digital downloads, workbooks, or any other protected content, Santosha Pilates will automatically terminate Your account, and refuse all current or future use of the Sites, without refund.
Excessive usage of the Sites will be assumed by Santosha Pilates to be fraudulent use, and your Account will be immediately canceled without a refund.
9 – RELEASE: You expressly agree to release and discharge the Santosha Pilates and each of its respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites and Services (the “Released Parties”) from all claims or causes of action, and You agree to voluntarily give up or waive any right that You may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.
10 - HOSTING PLATFORM: Santosha Pilates is hosted by and integrated with the following third-party platforms, who are responsible for all login/account information and payment transactions: Arketa, Stripe, and Zoom. In the event of technical issues with your respective accounts or logins, Santosha Pilates refers You to Arketa’s and/or Zoom’s support. Santosha Pilates does not have access to your Account details. If You would like more information regarding each platforms’ Terms of Use and Privacy Policies, including how they collect and store information, Santosha Pilates encourages You to visit their websites, which are linked above.
11 - LINKS TO THIRD PARTY WEBSITES: The Sites contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of Santosha Pilates, and Santosha 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. Santosha Pilates is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Santosha Pilates of the site or any association with its operators.
12 - USER CONDUT: As a condition of your use of the Sites, you warrant to Santosha Pilates that You will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Services may be used only for lawful purposes relating to streaming and related materials. Santosha Pilates specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Santosha Pilates.
CODE OF CONDUCT: Santosha Pilates is committed to providing an environment that is free from disrespectful and offensive behavior, and that is safe space for all individuals. Accordingly, harassment, inappropriate, or discriminatory behavior by clients, and/or continued disruptive or incendiary behavior, as determined in the sole discretion of Santosha Pilates, will not be tolerated. Santosha Pilates has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of a training relationship without refund to any client engaging in unacceptable behavior.
NO UNLAWFUL OR PROHIBITED USE: You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from Santosha Pilates. Similarly, You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts..
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. Santosha Pilates will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
13 - INTELLECTUAL PROPERTY: The Services are the sole and exclusive property of Santosha Pilates and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.
COPYRIGHTED CONSENT: Santosha Pilates retains all ownership and intellectual property rights to the Services content and materials provided to You through the Sites and otherwise, including all copyrights and any trademarks belonging to Santosha Pilates and related entities. The Services content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, without the prior written permission of Santosha Pilates.
Furthermore, by signing this Agreement You agree to the above terms and understand that Santosha Pilates’s materials are protected by the United States Intellectual Property laws, including the Copyright Act of 1976. You understand and agree that violating the terms of this Agreement as described above may subject You to legal action and that Santosha Pilates will fully pursue all remedies at law against You which it is entitled.
TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by Santosha Pilates or a use right has been granted to Santosha Pilates. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or because of your use of the Sites or Services. Without the prior permission of Santosha Pilates, except in the utilization of our widgets or mobile applications, You agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.
MATERIALS PROVIDED TO SANTOSHA PILATES OR POSTED ON THE SITES: Santosha Pilates does not claim ownership of the materials You provide to Santosha Pilates (including feedback, comments, and suggestions) or post, upload, input or submit to the Sites or its associated services or contribute to group channels like Discord or Zoom chat (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission You are granting Santosha Pilates permission to use your Submission in connection with the operation of their business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Santosha Pilates is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Santosha Pilates.
By posting, uploading, inputting, providing, or submitting your Submission You warrant and represent that You own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.
14 – Personal Responsibility, Disclaimer & Release of Claims
nO GUARANTEED OUTCOMES: You understand that the outcomes obtained from the Services, especially through movement therapy, can be subjective and vary greatly depending upon circumstances and your individual effort invested in the process and in doing the supplemental work such as the homework suggested in the Google document. Enrollment in the Services do not guarantee that You will take any specific action and does not offer any guarantee of success. As such, You understand that Santosha Pilates makes no guarantee, representation, or warranty of any nature or kind that the Services will be effective or will result in any particular outcome; this is especially true for those clients working collaboratively in movement therapy who are responsible for performing supplemental work outside of sessions. As such, You agree that You will not hold Santosha Pilates responsible, in whole or in part, for any result that You do or do not achieve.
Personal Responsibility and Assumption of Risk: You acknowledge that You take full responsibility for yourself, and all decisions made before, during and after your participation in the Services. You accept full responsibility for your choices, actions, and results before, during and after the Services, and You knowingly assume all the risks of the Services related to your use, misuse, or non-use of the Services or any of the related materials. You understand and agree that you are solely responsible for your results.
Santosha Pilates may recommend purchasing certain pieces of equipment (props) based on your customized movement therapy plan. You agree that You are responsible for your use, misuse, and/or nonuse of the equipment which You may use outside of the Services, and that You are voluntarily purchasing said equipment knowingly assuming all the risks of using such equipment.
You agree that Santosha Pilates is not responsible for your mental, emotional, and spiritual health, or for any other result or outcome that You may experience through working together.
THIRD-PARTY REFERRALS: Santosha Pilates may provide referrals to third-party providers who can provide supplemental services such as pelvic floor physical therapists, chiropractors, acupuncturists, naturopaths, etc. You agree that You assume full responsibility and liability for yourself should You chose to work with any third-party referral provider and will hold Santosha Pilates harmless and not liable for any result which You may or may not obtain.
Limitation of Liability, Indemnification, Release of Claims: The information, software, products, and Services included in or available through the Sites may include inaccuracies. Changes are periodically added to the information herein. Santosha Pilates may make improvements and/or changes in the sites at any time. Accordingly, Santosha Pilates makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, Services, and related graphics contained on the Sites for any purpose. To the maximum extent permitted by applicable law, all such information, software, product, Services, and related graphics are provided ‘as is’ without warranty or condition of any kind. Santosha Pilates disclaims all warranties and conditions regarding this information, software, products, Services, and related graphics, including all implied warranties or conditions of merchantability, of Santosha Pilates for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, Santosha Pilates is not 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 Sites, with the delay or inability to use the Sites or Services, the provision of or failure to provide the Services, or for any information, software, products, Services, and related graphics obtained through the sites, or otherwise arising out of use of the Sites, whether based on contact, tort, negligence, strict liability, or otherwise, even if Santosha Pilates has been advised of the possibility of damages. As some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with any portion of the Sites or with any of these Terms of Use, your sole and exclusive remedy is to immediately cease use of the Sites.
15 - TERMINATION AND ACCESS RESTRICTION: Santosha Pilates reserves the right, in its sole discretion, to terminate your access to the Sites, Services, or any portion thereof at any time, without notice.
16 – CONTENT RELEASE: You grant Santosha Pilates, its representatives, employees, agents and/or assigns the right to take digital recordation of You and your property while engaging with and/or interacting with Santosha Pilates and/or participating in a Service with Santosha Pilates, and to use and publish these photos or videos in print and/or electronically.
By agreeing to be filmed, photographed, and/or otherwise documented by Santosha Pilates, You, on behalf of yourself, heirs, representatives, executors, and assigns, irrevocably grant Santosha Pilates the absolute and unrestricted right and permission throughout the universe and forever to copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit by any and all uses such content, with or without my name, without compensation, for any lawful purpose, including but not limited to: publicity, illustration, advertising, and web content. You further agree that Santosha Pilates is the lawful owner of all digital files, and accordingly, waive any right that You may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein your likeness appears, or the use of which may be applied.
17 – GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this Agreement is governed by the Laws of the State of Washington, United States, and You hereby consent to the exclusive jurisdiction and venue of courts in Multnomah, Oregon, United States. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Oregon, Multnomah County, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of Oregon, Multnomah County.
Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Santosha Pilates because of this agreement or use of the Sites. Santosha Pilates performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Santosha Pilates right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Santosha 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.
This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of Santosha Pilates and its affiliates, successors, and/or assigns.
18 – MISCELLANEOUS
Mutual Non-Disparagement: Should You have any questions or concerns about the Services or Santosha Pilates, You agree now to contact Santosha Pilates directly in a mature and professional way rather than to publicly make any negative or critical comments about the Services or business through social media, public forums, or otherwise. The parties agree not to communicate with any other individual, company, or entity in a way that is harmful or disparaging to the other, whether actual or perceptual, or to do or say anything that is injurious to each other’s reputation, including about the Services and/or Santosha Pilates business, employees, contractors or agents, or other participants. In arbitration or when required by law, Parties are not prohibited from publicly sharing our thoughts and opinions
Notice: All correspondences or notices required regarding the Services shall be made to Santosha Pilates via e-mail at mandee@santoshapilates.com and to You at the e-mail address You provided during your enrollment in the Services and/or the email address in your Account. Should your e-mail address, billing information, or contact information change at any time throughout the relationship, it is your responsibility to update the information in your Account within 3-days, preferably sooner, of any change to avoid miscommunications.
Force Majeure: In the event that any cause beyond one’s reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for Santosha Pilates to perform any responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, Santosha Pilates is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill the responsibilities and obligations.
Entire Agreement, Assignment, Survivability and Waiver: This Agreement contains the entire agreement and may be modified or amended at any time as long as the amendment is in writing and signed by the Parties. You may not assign your privileges, rights, or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If Santosha Pilates chooses to waive or not enforce one or more terms of this Agreement, it does not in any way limit her right to later enforce every part of this Agreement.
EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from Santosha Pilates related to the Services, the Site, the Santosha Pilates brand, and your participation in all of the above. By entering into this Agreement, You give Santosha Pilates permission to email You, at the email address on file, regarding the same.
CONTACT: If you have any questions or concerns about this policy or any Santosha Pilates Services, products, or features, please don’t hesitate to contact us at: mandee@santoshapilates.com.
19 - RELEASE OF LIABILITY AND ASSUMPTION OF RISK
You desire to use Santosha Pilates facilities and equipment (the “Facilities and Equipment”) and participate in online or in-person Santosha activities, classes, and events (“Activities, Classes, and Events”). In consideration for the right to use Santosha Pilates Facilities and Equipment and participate in Activities, Classes, and Events, You voluntarily agree to this Release of Liability and Assumption of Risk (the “Release”) according to the following terms:
You accept Santosha Pilates Facilities and Equipment “as is” and agree to use the Santosha Pilates Facilities and Equipment and participate in Activities, Classes, and Events at my own risk. You understand the inherent risks involved in the use of Santosha Pilate’s Facilities and Equipment and participation in Activities, Classes, and Events, and You expressly assume the risks of bodily injury, permanent disability, or death. You agree to follow all Santosha Pilates’ rules and regulations and to use Santosha Pilates Facilities and Equipment only as indicated and instructed by Santosha Pilate’s staff.
Prior to participating in any Santosha Pilates Activities, Classes, and Events, You will inspect the Facilities and Equipment to be used. If You determine that anything related to the Facilities and Equipment or Activities, Classes and Events appears unsafe, You will immediately advise a Santosha Pilates staff member of the condition and will not engage in the activity until the condition has been corrected.
Prior to engaging in any of Santosha Pilates Activities, Classes, and Events, You will discuss with your doctor or other healthcare provider to ensure that it is safe for me to do so. You understand that Santosha Pilates is not a medical provider, does not render medical advice or treatment, and any medical questions should be addressed with my medical provider.
You declare yourself to be physically sound enough to participate in the Activities, Classes, and Events; You have not been advised to avoid physical activity similar to those of the Activities, Classes, and Events. You do not suffer from a condition, impairment, disease, infirmity, or other illness that would prevent my participation, or use of Facilities and Equipment except as noted by Santosha and accommodated accordingly. You will notify Santosha Pilates of any changes to your medical condition.
If You are pregnant or become pregnant, You will receive clearance from my healthcare provider that it is safe for You to participate in Santosha Pilates Activities, Classes, and Events. You also acknowledge and agree that if You are pre/post-natal, You increase the risk of injury and harm to yourself, and if applicable, to your unborn child. By participating in an Activity, Class, and Event You assume all associated risks to yourself, and if applicable, to your unborn child.
You, on behalf of myself and your heirs, executors, successors, and assigns, release Santosha Pilates, its respective owners, subsidiaries, members, agents, officers, directors, employees, contractors, successors, and assigns from all liability for any injury or damage to your person or property, including lost or stolen personal property, arising from or related to (a) your use of Santosha Pilates’ Facilities and Equipment; (b) participation in Santosha Pilates Activities, Classes, and Events; or (c) negligent acts or omissions of other patrons or guests of Santosha. You forever release and discharge Santosha Pilates from all responsibility, claims, demands, suits, causes of action, procedures, costs, expenses, and liabilities to the fullest extent allowed by law relating to any such injury or damage. Despite this Release, if You or anyone on your behalf makes a claim against Santosha Pilates, You will indemnify, release, and hold harmless Santosha Pilates from any and all litigation costs, attorney fees, damages or other expenses arising from such claim.
You consent to emergency medical care and/or transportation in order to obtain treatment in the event of an injury. This Release extends to any liability arising out of or in any way connecting with such emergency medical treatment, care and/or transportation.
If any portion of this Release is declared invalid, You agree that all other terms and conditions of this Release shall remain effective. This Release shall be of perpetual duration and shall remain valid and enforceable.