This agreement applies to and between you, the User of this website and Pilates Midtown East located 235 East 49th St, New York, NY 10017 (https://pilatesmidtowneast.com). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of this website. We like to ensure you are comfortable when using our website but If for any reason you do not agree to be bound by these Terms and Conditions, we regret, but you have to stop using the Website immediately. Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using this website or ordering any service (the “Service”) provided by Pilates Midtown East (“us”, “we”, or “our”).
In this Agreement “you” and “your” refer to our customers, prospective customers and users of our website and services, “we”, “company”, “us” and “our” refer to Pilates Midtown East or (https://pilatesmidtowneast.com) and “Service” refers to the services provided by us. Party”, “Parties”, or “Us”, refers to both the users/Customers and ourselves, or either the user/Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to assist our customers in the most appropriate manner, for the express purpose of meeting the customer’s needs in respect to the Company’s stated services and in accordance with and subject to, prevailing laws. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to you. Any change of terms shall be binding and effective upon posting of the revised Agreement on our website. In addition to this Agreement, specific services or information contained within this website may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.
By using https://pilatesmidtowneast.com (the “Site”) or any of our services (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations.
Unauthorized access
It is unlawful to try and gain unauthorized access to this website, its servers, or any computer or database connected to this website. This is a user friendly, you should, therefore, avoid attacking the Site via a denial-of-service attack or a distributed denial-of-service attack.
If you do this, we will be forced to report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, we will be forced to stop providing any further service to you.
Whilst we do all we can to ensure users are well protected and do not suffer any loss or harm, we will not be held liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it. We advise all users to adequately protect their computers by using up-to-date anti-virus.
Age restriction
This Site is offered and available to users who are 18 years of age or older. If you are under 18, you may only use this site with the expressed consent and supervision of your legal guardian or parent. By using this Site, you represent and warrant that you are of the required legal age stated on this website.
Our Services
Pilates Midtown East specializes in Private Pilates Sessions and small group classes. Pilates can make a profound difference in your health and provide you with a more evenly balanced and conditioned body. We strive to provide high-integrity solutions to help you fulfil your true potential.
Pilates Midtown East provides private and small group training classes aimed at teaching users/customers to effectively strengthen their minds and bodies.
At Pilates Midtown East, we focus on helping users/customers develop and maintain a sustainable lifestyle that betters the user’s holistic health. We also provide remote services to ensure convenience and accessibility to our customers. We pride ourselves in providing good and quality service to our customers.
To find out more about our services and the best plan for you, click on https://pilatesmidtowneast.com/services/.
Payments
In consideration of the services provided, you will be required to make payments via your credit/debit card and through the payment gateways available on our website.
The total cost for a service/plan will depend on the service/plan you have selected. To know more on our prices and select the best suited to you, kindly click on https://pilatesmidtowneast.com/services/.
For any special requests/requirements that are not covered under our regular services or not stated on our website or invoice sent to you, we may charge an extra fee on top of the quote on our website or your invoice.
You may be asked to supply certain information relevant to your Purchase including, without limitation, your name, your phone number, house address, billing address, email address, card details and any such information needed by us for you to complete payments.
Refund and Cancellation Policy
All orders made on this website are final and non-refundable. However, Customers may cancel a session 24 hours in advance for save/rollover session. In the event of such cancellation, we (you and Pilates Midtown East) shall reschedule another date and time for the session. Cancellation within a 24hours window will be charged at the original price quoted.
Fraudulent Transactions
In the event of any claim that your payment card has been used without your permission or any other fraudulent use of payment cards, we will assist the bank and police authorities with any investigations including providing them with all the details we have about you, card authentication and any communications through or related to the website and service ordered. Falsely making any such fraudulent claims can result in your card being blacklisted which will affect your future card purchases. Denying a purchase that you have made is illegal and may result in legal action towards you, which can lead to prosecution, fines and impairment of your credit rating.
Intellectual Property
Subject to other terms in these Terms and Conditions, all Content included on this website including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software are the property of Pilates Midtown East (https://pilatesmidtowneast.com) and our affiliates or other relevant third parties. By continuing to use the website, you acknowledge that such material is protected by applicable intellectual property laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from this website unless otherwise indicated on the website or unless given express written permission to do so by us.
Service(s) under this website shall be considered as work for hire. Thus, it is expressly agreed that Pilates Midtown East is acting as an independent contractor and not as an employee. The agreement between you and Pilates Midtown East does not create a partnership or joint venture or a franchise and is exclusively a contract for service.
Links to Other Websites
This website (https://pilatesmidtowneast.com) may contain links to some websites. Unless expressly stated, these websites are not under the control of Pilates Midtown East or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on this Site does not imply any endorsement of the websites themselves or those in control of them.
Use of the Website
When using the and our service, you shall act in accordance with the following rules:
Termination and Cancellation
We may terminate our service with you If we observe you have breached any terms of this agreement. You will be notified by email and an explanation for the termination will be provided. Any money paid by you to us prior to such termination shall be non-refundable.
Services, Pricing and Availability
Whilst every effort has been made to ensure that all descriptions of Services available on our website correspond to the actual Services, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct services, not different services altogether.
The prices on the website are not fixed, we have the right to change them at any time. Should we offer any discounts or special offers on the prices of our services, we have the right to cancel this at any time without any reference or notice to you.
Our responsibilities/Warranties
Your safety when using our website is paramount to us. Hence, all reasonable skill and care shall be taken to ensure your safety when using our Website. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet, or method of payment is 100% secure. While we strive to use commercially acceptable means to protect your transactions on our website, we cannot guarantee its absolute security.
We will do our best to maintain the operation of the website for the Service, however, we may need to temporarily suspend the website for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the Site as soon as reasonably possible after any suspension.
If we cannot do what we have promised in these Terms because of something beyond our reasonable control (fire, an act of God, public or governmental orders, war or any other unforeseen and uncontrollable event), we will not be liable for this. We shall find a reasonable time where possible to provide services after the unforeseeable event/situation has passed. If for whatever reason we are unable to provide services herein this agreement due to or negligence or omission, we shall duly refund your money.
We warrant that we will take all reasonable care in performing our duties to you. We also warrant to deliver the service at the due time as agreed by the parties. We, however, make no warranty or guarantee that such service(s) will always meet your requirements. In the event of any dissatisfaction or faults with our service, we are only liable to the extent of our return and cancellation policy.
Disclaimers
We do not make any warranty or representation that the website will meet your requirements, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of the Service or Services mentioned on our website.
We make no guarantee of any specific results from the use of our Pilates sessions. Our sessions are provided is “as is” and we do not make any guarantee that it shall be fit for a particular purpose or that it will be suitable to you or third that might be using it. You partake of this Pilates sessions at your discretion and at your own risk.
As a parent or legal guardian of a minor (anyone under the age of 18 years old), it is your responsibility to supervise them during a session. We shall not be held responsible for any damage, loss or injury suffered by children or minor using our service without adequate supervision.
We offer our services solely as a complementary and alternative health care lifestyle. The Pilates sessions are intended to support your health and provide fitness. Any suggestions given by us during a session should not be interpreted as medical advice and is not intended to diagnose, treat or cure any medical problems or illness, or to be a substitute for health or psychological advice from your physician or other healthcare professional. To ensure our sessions are well suited to a customer’s need and health requirements, we may require customers to share their medical records or reports with us. You hereby warrant to provide such medical records to help us provide the best services to you. Should you provide an inaccurate, false or incomplete medical report or record, we shall not be held liable for any loss, damage or injury suffered due to such omission or negligence in not sharing such record with us. If you experience any significant pain or wish to cancel mid-session due to any discomfort, this is perfectly okay. If ever unsure, you should discuss any recommendations or exercise routines we have advised with your primary physician or an independent health practitioner.
While we try to ensure our Pilate, sessions are gentle and non-invasive, it is possible in some sessions to experience some physical discomfort or
emotional distress that can be perceived as painful. You agree to promptly inform us during this session if you experience any emotional distress and/or physical discomfort during our session. If appropriate, we recommend you contact appropriate professional health care provider for further assistance.
Whilst we do our best to ensure this website is secure and free of errors, viruses and other malware, all users are advised to take responsibility for their security, personal details and computers.
Third-party websites with links from the Site have not been verified or reviewed by Pilates Midtown East. Except otherwise stated, use and access of such third-party websites are made at your own risk.
Modification of Service and these Terms and Conditions
Pilates Midtown East reserves the right to modify this website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes. If we are required by law to make any changes to Terms and Conditions, these changes will apply automatically to any transaction currently pending in addition to any transaction placed by you in the future.
Limitation of Liability
To the maximum extent permitted by law, Pilates Midtown East accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this website, any information contained therein or the use of our service. Users should be aware that they use our service and this website at their own risk. We accept no liability for any disruption or non-availability of this website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Unless it is caused by us and is reasonably foreseeable, we will generally not be liable for:
Indemnification
You agree to irrevocable release, indemnify, hold harmless and defend Pilates Midtown East, our agents, representatives, consultants, affiliates and employees from and against any and all claims of whatsoever kind or nature, and for any loss, damage, or injury, including but not limited to, financial, personal, emotional, psychological, medical, or otherwise which you may incur arising at any time out of or in connection with your sessions.
No Waiver
Any default, delay or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions. We are entitled to still pursue any omitted or failed payment by you at any time.
Warranty
You warrant that you do not suffer from any physical or medical condition that would preclude you from participating in any of our sessions. You hereby accept any risk of injury as a result of your participation in any exercise activity. It is your responsibility to inform our instructor of any medical conditions that you may have, or any changes in your physical condition that might in any way adversely affect your ability to participate in the exercise activity safely. You hereby release and hold harmless Pilates Midtown East from any and all liability, damage, expense, cause of action, suit, claim and judgment arising from injury, damage or loss to you or your personal property which may arise out of your participation in our Pilates sessions.
Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Resolving disputes
Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted by an expert arbitrator from the American Arbitration Association (AAA) or as may be agreed upon by the parties. Any such mediation and arbitration fees shall be borne by the party bringing a claim.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and shall be governed by and construed in accordance with the laws in the state of New York, U.S.A and you agree to submit to the exclusive jurisdiction of the courts in such state.
Entire agreement
These Terms, the Privacy Policy, and any other agreement contained on our website or agreed by the parties constitute the entire agreement between you and Pilates Midtown East.
How to contact us
If you have any questions about our company’s Terms and Conditions, or you would like to exercise one of your data protections rights, please do not hesitate to contact us on the contact details provided on our website or simply click on https://pilatesmidtowneast.com/contact/ or call (347) 624-7671 or email lauren@pilatesmidtowneast.com
