PLEASE READ CAREFULLY BEFORE TAKING CLASSES AT PILATES ON LUDLOW
These Terms & Conditions of Use (“this agreement”) apply to all services and products offered by Pilates on Ludlow LLC (POL, the website, our website).
Acceptance of Terms. You hereby agree to be bound by this agreement, which sets forth legally-binding terms for your use of our website and participation in classes at POL. Before you can book a class at POL, you will be required to check a box indicating your acceptance of this agreement. We may modify this agreement from time to time, and such modification will be effective upon its posting on the website. You agree to be bound by any modification after any such modification is posted; therefore, it is important that you periodically review this agreement.
General Registration Requirements. As part of the POL class booking process, you are asked to check a box indicating your acceptance of this agreement. You represent that you are of legal age to form a binding contract and not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, and complete registration information and (b) update your registration data as necessary. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, POL reserves the right to suspend or terminate your account.
Health Disclaimer. Physical exercise, with or without the use of Pilates equipment or any other equipment suggested by a POL instructor, can be strenuous. As with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. POL urges and advises you to consult with a licensed medical doctor before beginning any physical exercise regimen, including taking classes and using any suggested equipment at POL.
Personal Responsibility. Your agreement to these Terms & Conditions of Use acknowledges your understanding that in Pilates classes you progress at your own pace and are not required to perform all equipment techniques or other suggested movements. It is your responsibility to elect or decline to perform any physical activity during POL classes based on your ability and comfort level. If at any point you experience pain or discomfort, have difficulty breathing, or feel overexertion or fatigue, you agree to rest before continuing your session. POL instructors do not provide medical advice or diagnosis. You further certify that you are physically fit and that a licensed medical doctor has verified your physical condition for participation in Pilates. If you are pregnant, become pregnant, or are post-natal, checking the box at registration affirms that you have your doctor’s approval to take Pilates classes.
Liability Waiver. By checking the box at registration you are confirming your agreement to these Terms & Conditions of Use. You are further acknowledging that participation in classes at POL exposes you to risk of injury, and you hereby release POL, its owner, instructors, independent contractors, employees, and affiliates from any and all liability, negligence, or other claims arising from, or in any way connected with, your presence in the POL studio. You affirm that you, alone, are responsible for deciding to practice Pilates and hereby agree to irrevocably release and waive any claims that you have now, or hereafter may have, against POL, its owner, instructors, independent contractors, employees, and affiliates. You agree that you shall not, now or at any future time, bring any legal action against any POL-related parties, and that this waiver is binding on you, your heirs, spouse, children, legal representatives, successors, and assigns. Your agreement to this liability waiver is binding from this day forth.
Minors. Our website is not directed to persons under eighteen (18) years of age. By providing your information to POL, you are representing that you are at least 18 years of age.
Registration, Passwords, Security. When you register for a class at POL, you will choose a username and password and provide an email address. You are responsible for maintaining the confidentiality of your account information and for all activities under your password.
Credit Card Information. Should you agree to store your credit card information on the website, you acknowledge and accept the risks associated with having your financial data on our website server. You understand that servers are susceptible to breach by hackers, despite POL’s reasonable efforts to protect client data in accordance with applicable law. You agree to immediately notify POL of any unauthorized use of your password or account or any other breach of security. POL will not be liable for any loss or damage arising from your failure to comply with this agreement.
Pilates on Ludlow & Third Parties. Any dealings with third parties involving the delivery of and/or payment for goods and services, or any other terms, conditions, warranties, or representations associated with third parties, are solely between you and that third party. POL is neither responsible nor liable for any part of such dealings. Any reference to any third party or the products or services of any third party does not constitute an endorsement or recommendation of such third party’s products or services by POL, its owner or any of its employees, independent contractors, agents, or other representatives.
No Sharing, Fraudulent Use. POL customers may not share, give or sell their passwords or usernames to any other person or entity. POL reserves the right to restrict users it believes are using the website fraudulently, in its sole discretion.
Term, Suspension, Termination of Account. This agreement shall remain in full force and effect for as long as it is posted on the website. POL may, at any time and for any or no reason, including a period of account inactivity, restrict, suspend, or terminate your access to the website. POL reserves the right to terminate your account, with or without prior notice, and without liability, if POL believes you have breached any terms of this agreement, furnished false or misleading information, or interfered with use of the website by others.
Disclaimer of Warranties. POL, its owner, instructors and employees do not warrant, endorse, recommend, guarantee, or assume responsibility for any product or service sold by POL or advertised or offered by a third party in the studio or through the website or any hyperlinked website or featured in any advertising.
Indemnification. You agree to defend, indemnify, and hold harmless POL, its owner, affiliates, subcontractors, employees, consultants, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to legal fees and costs) arising from: (i) your use of and access to the website; (ii) your violation of any term of this agreement; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this agreement and your use of the website.
Waiver, Severability of Terms. The failure of POL to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.
Governing Law & Venue. This agreement shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and POL that arises in whole or in part from the website shall be decided exclusively by a court of competent jurisdiction located in New York County, New York.
Ability to Accept Terms of Service. You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into this agreement, and to the conditions, obligations, affirmations, representations, and warranties set forth herein, and agree to abide by and comply with this agreement.
General. POL reserves the right to amend this agreement at any time and without notice; it is your responsibility to review this agreement for any changes. Your use of the website following any amendment of this agreement will signify your assent to and acceptance of its revised terms.