LIABILITY RELEASE & TERMS OF SERVICE

Please read the Liability Release as well as our full Terms of Service and sign. If you have any questions, please ask.

Liability Release

The following Liability Release constitutes a legally binding agreement made between you (“you,” “You,” “Client,” or “User”), whether personally or on behalf of an entity (“you”) and Pilates Park Center, LLC and our Physical Studio (collectively, “Pilates Park,” “we,” “I,” “Instructor,"  “Company”, "Released Party"), concerning your access to and use of the pilatesparkcenter.com website, Pilates Park’s scheduling platform, as well as classes and sessions offered at a Pilates Park studio location (“Studio), (collectively “Services”).

You have agreed to voluntarily participate in Services at Pilates Park and do hereby assume all risk and hazards. You acknowledge the following:

• The content of the Services, including, but not limited to, any and all suggestions, opinions, recommendations, workouts, practices, routines and tips, are intended solely for instructional purposes. Such information is not intended to be a substitute for professional medical advice, diagnosis, treatment or therapy.  You should not engage in any physical activity through the Studio without first consulting with a qualified physician to determine if you can safely perform physical activity without adverse consequences. Particular caution should be used if you have a pre-existing medical condition, injury, are pregnant or trying to become pregnant, or are breast-feeding.
• The Services at Pilates Park includes the Pilates technique of muscle conditioning, strengthening and stretching and various other physical practices. Any exercise program may result in bodily injury, disability, and in rare circumstances, death. Always warm up before engaging in any physical activity, and stop immediately if you feel any pain or discomfort.
• Not all exercises are intended for every level. You have the right to choose what exercises you do or do not perform and may withdraw from any exercise at any time.
• No entity or person associated with, including, but not limited to Pilates Park Center LLC (collectively, the “Released Parties”), assumes or shall be deemed to have assumed any responsibility or liability for any injuries, losses, costs, claims or damages of any kind, including as a result of negligence of any kind ( collectively and individually, a “Loss”), that may occur as a result of using the Pilates Park Services, its website, or relying on any information contained in the Pilates Park Services. The Released Parties expressly disclaim any and all liability for any such Loss, and you shall be deemed to have expressly agreed that none of the Released Parties shall have any responsibility whatsoever for any Loss.
• You waive, indemnify, exonerate, hold harmless Pilates Park staff, employees or independent contractors hired by Pilates Park and their assigns for any claims, demands and causes of action (including attorney’s fees) arising out of or pertaining to any loss, damage, injury or death sustained, caused by any negligent act or act of omission or your participation in the Pilates Park program or breach of duty related to Pilates Park. This release applies whether or not any claim, demand, action or suite is based upon or alleged to be based on or in part, the negligent act or act of omission or similar conduct of those parties are hereby released and indemnified.
• You acknowledge that you have carefully read this consent and fully understand that it is a release of all liability. In addition, you do hereby waive any right that you may have to bring a legal action or assert a claim for injury or loss of any kind against the Studio for my negligence or arising out of or relating to participation by me in any of the activities, or use of the equipment, facilities or services provided to me by Pilates Park.

TERMS

Pilates Park may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised services. Pilates Park also reserves the right to cease offering any of the Services.

This Agreement is subject to change by Pilates Park in its sole discretion at any time, with or without notice. Company will from time to time notify You of changes in this Agreement via email however Company is not required to provide such notices and it is still your affirmative responsibility to check this Agreement online as posted by Company for any and all updates to this Agreement.

PAYMENT TERMS

1. Payment Information

• You agree to pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable, which is at time of booking, and if not then, than time of service rendered. You also agree to pay all applicable taxes. You must provide Pilates Park Center LLC with valid payment information (“Payment Information”) in connection with your orders. By providing Pilates Park with your Payment Information, you agree that (i) Pilates Park is authorized to immediately invoice your account for all fees and charges due and payable to Pilates Park hereunder, (ii) Pilates Park is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify Pilates Park of any change in your payment information. Pilates Park reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, Pilates Park reserves the right to either suspend or terminate your access to the unpaid-for services.

2. Cancellation Policy

• Pilates Park maintains a 24-hour cancelation policy. If you are aware of a schedule conflict prior to 24 hours in advance of your scheduled session, Pilates Park please email pilatesparkcenter@gmail.com to reschedule your appointment. If your cancellation must occur within the 24 hour period, then you may text or call the Company to cancel. A reschedule is not guaranteed within in the 24 hour cancelation window. Pilates Park will charge you a cancelation fee that is 100% of the fee for the canceld service. This amount is charged to the CC on file or deducted from your pre-paid services .
• In the event of an emergency or same-day sickness, Pilates Park may charge a $20 emergency or sick-cancel fee.

3. Governing Law & Venue

This agreement shall be construed in accordance with, and governed by, the laws of the State of Indiana and that all actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Indiana. In case any provision of this agreement shall be held invalid, illegal or unenforceable, it shall not affect any other provision of this agreement and this agreement shall be construed as if such provision had never been contained herein.

I acknowledge that I have carefully read this agreement and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by signing this agreement, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators and assigns may have against the Released Party.