Effective date of current policy: May 18, 2020
You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. Not all exercise programs are suitable for everyone. You should always consult your physician or health care specialist before performing any of the exercises in this program, especially if you have any chronic or recurring physical conditions, and/or if you are pregnant, nursing, or elderly. The instruction presented herein is in no way intended as a substitute for medical advice or counseling.
This site offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided including workouts on this site are solely at your own risk.
IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Images of people, places and/or products posted on this Site are either the property of California Pilates, or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of California Pilates or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of California Pilates and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at firstname.lastname@example.org.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to California Pilates, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of California Pilates and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
LIMITED LICENSE AND SITE ACCESS
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
ACCOUNTS, FORMS, REGISTRATIONS AND PASSWORDS
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. California Pilates is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control or California Pilates.
You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify California Pilates immediately of any unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge and agree that California Pilates, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you. California Pilates cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.
CONTENT YOU MAY SUBMIT TO CALIFORNIA PILATES
From time to time CALIFORNIA PILATES may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, CALIFORNIA PILATES welcomes your comments regarding our products and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to CALIFORNIA PILATES must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to CALIFORNIA PILATES will become, upon your submission, the sole and exclusive property of CALIFORNIA PILATES and CALIFORNIA PILATES shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that CALIFORNIA PILATES has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to CALIFORNIA PILATES. By submitting any materials of any kind to CALIFORNIA PILATES, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to CALIFORNIA PILATES does not and will not violate or infringe the rights of any third-parties.
You agree to fully indemnify CALIFORNIA PILATES, its shareholders, heirs, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.
CALIFORNIA PILATES has a cancelation policy for all scheduled appointments:
By phone: 1 hrs notice must be giving prior to canceling all appointments
In-person: Appointments where you are to meet in person must be canceled 8hrs in advance.
Group classes: Can be canceled online through your account up to 1 hrs prior to the appointment.
Private Group Classes: If you book a duet session both participants must attend or the session reverts to the cost of a private.
Refunds are not given for missed appointments.
Standard phone and text messaging rates from your carrier may apply to all communications between instructor and client. CALIFORNIA PILATES is not responsible for any phone charges accrued by the client.
DIGITAL MILLENNIUM COPYRIGHT ACT
CALIFORNIA PILATES expects all users to respect the intellectual property rights of others. CALIFORNIA PILATES may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright that you own has been posted on this Site without authorization, you may notify us at email@example.com.
RISK OF LOSS
All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
LINKS TO OTHER WEBSITES
Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.
This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this website.
ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALIFORNIA PILATES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY CALIFORNIA PILATES OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, CALIFORNIA PILATES DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALIFORNIA PILATES, ITS HEIRS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE;(II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR CALIFORNIA PILATES SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THIS SITE, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CALIFORNIA PILATES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent applicable, software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
California Pilates 200-Hour Teacher Training Terms and Conditions
These Terms and Conditions apply to any Pilates Activities (see definition below) purchased from California Pilates LLC (“California Pilates” or “Company”) and govern the contractual relationship between you (“You”, “I” or “Student”) and California Pilates with respect to any such Activities.
I understand that if I am paid in full and fulfill all the requirements of the California Pilates Teacher Training, including teacher training workshops, in-class hours, observation, practice teaching, teaching evaluation, homework, quizzes and passing both the written and practical final exams, I will receive a diploma as evidence that I have completed and passed the 200-hour Pilates Mat Teacher Training program. Paying for the program and completing the hours alone does not mean I will pass the program.
I understand that California Pilates requires me to have a minimum of 6 months of consistent Pilates practice before enrolling in this training and that California Pilates reserves the right at any time to ask me to leave the training if the instructor feels that I pose a risk to the physical safety to the instructor or other students or if I am compromising the learning process of the group. Under such circumstances, I understand I will not be given a refund.
I understand that California Pilates reserves the right to ask me to leave the program if I am found plagiarizing, if my behavior is disruptive, inappropriate, negatively impacting other students learning, unethical or violates the California Pilates ethical guidelines. Under such circumstances, I understand I will not be refunded any part of my tuition.
I understand that Students are responsible for assessing their own suitability and capability to participate in a Program. All Students should consult their physician regarding their physical fitness level, mental status and any other special conditions they may be working with. It is the Student’s responsibility to assess the risks and requirements of each Program.
If this is an online training, I understand that it will be taught live, via Zoom or other online platform and will be an interactive experience. To make the most of this live Online experience, I understand I am required to have a reliable internet connection and a laptop or other working device to participate in the training.
I understand that I must report any disability requiring special attention at the time the reservation is made. California Pilates will make reasonable attempts to accommodate the special needs of disabled participants, but is not responsible in the event it is unable to do so nor responsible for any denial of services by any third parties, including air carriers, hotels, partners, or other independent suppliers. Some in-person locations and most activities require standing, sitting or walking, sometimes on unpaved or cobblestone streets for numerous hours each day. California Pilates is not responsible for any missed activities due to a participant’s inability to participate with the group. Many transportation services and venues are not equipped with wheelchair ramps. California Pilates will endeavor to accommodate the special requests of Students, including (without limitation) dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Student and California Pilates and California Pilates is not liable for any failure to accommodate or fulfill such requests.
CLIENT AGE REQUIREMENT
I understand that I must be at least 16 years old to take the teacher training. If I am between 16 and 18 years of age, it is required that I provide written consent from my legal guardian 30 days before the start of the training.
PAYMENT AND REFUND POLICY
For all trainings, with the exception of destination trainings, (a training location that includes room and board): Your payment is due in full by the early registration date in order to receive the discounted rate. Full payment is required by the start of the program unless a payment plan has been previously arranged.
If you cancel 8 or more days before the start of the program, you will receive a full refund. If you cancel within 7 days of the start of the program, you will forfeit 10% of your full payment and the remaining balance will be refunded. This 10% is non-refundable and non-transferable. Once the program begins the full program tuition is non-refundable and non-transferable.
On the rare occasions when California Pilates needs to cancel a training, a refund will be provided, however, California Pilates is not responsible for any costs incurred for travel arrangements or accommodations related to any event. It is your responsibility to purchase travel insurance to protect yourself from any loss due to program cancellations, changes or weather delays. We will not, under any circumstance, reimburse you for accommodations, airfare or ground transfer expenses.
ATTENDANCE and TARDY POLICY
You can miss a maximum of 27 training hours, all of which are due to be made up by the last day of your training. If you miss more than 27 hours or do not complete your make-up hours by the end of the training, you will receive a not passing status and will be required to pay in full to retake the training. At the end of each day, if you missed class, your training team will assign you a written make-up assignment through Google Classroom..
TARDINESS AND LEAVING EARLY
In order to receive credit for attending the day, I understand that I must arrive on time and stay present (on camera) for the full duration of the day. There may be times when I have to arrive late or leave early, and I understand that I am allotted two 10-minute grace periods over the course of the training. It is my responsibility to notify my training team in advance, as it is disrespectful to slip out unannounced. If I am more than 10 minutes late or leave early more than twice, I understand on the third time, I will not receive credit for that day and I will need to make up the day according to the make up policy.
California Pilates reserves the right to change, alter, or amend the program, including without limitation, the daily itinerary/curriculum for each training at any time. Changes can be made for various reasons including changes in location or teacher/trainer. California Pilates reserves the right to substitute other venues, as needed. No refunds are provided for venue changes, or in the event that an in person training needs to convert into an online training. The California Pilates Teacher Training Department will make its best efforts to communicate these changes as soon as they can.
I understand that all California Pilates Teacher Training materials are under copyright protection and cannot be reproduced by me without the permission of the author. California Pilates will take all necessary action to enforce its copyrights within the law.
The Student agrees that while participating in any California Pilates program, images, photos or videos may be taken by other Students and/or California Pilates representatives or Third Party Suppliers that may contain or feature the Student. The Student acknowledges that they consent to any such pictures being taken and agree that Student hereby grants a perpetual, royalty-free, worldwide, irrevocable license to California Pilates, its affiliates and assigns, to reproduce for any purpose whatsoever, in any medium whatsoever, without any further obligation to the Student or compensation payable to such Student. If you do not want us to use your image you must submit written notice to the teacher training department at least 14 days prior to the start of your training.
PASSPORTS AND VISAS
Students traveling internationally are required to have a passport and may also require a visa when entering certain countries. Most countries require that the passport be valid for at least six (6) months beyond the conclusion of your trip. It is recommended you have a minimum of three blank pages in your passport when traveling, as many countries require blank pages. It is your responsibility to verify all visa and passport requirements.
MEDICAL AUTHORIZATION AND COVERAGE
In the event Student becomes sufficiently incapacitated as to be unable to direct his or her own care and California Pilates is unable or does not have time to contact Student’s emergency contact, the Student, by registering and paying a deposit for a California Pilates program, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon licensed in the United States, or, if in a foreign country and no physician licensed to practice in the United States is reasonably available, by a duly licensed physician deemed competent to render the necessary care. In addition, the Student certifies that they have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Student, or that in the absence of this medical insurance coverage, the Student agrees to pay all costs of rescue and/or medical services as may be incurred on the Student’s behalf. Students should carry their insurance information while traveling. Some travel insurance policies offer international medical insurance, however it is the student’s responsibility to assess and acquire comprehensive medical coverage that is valid in the country you are traveling to.
For programs outside the United States, California Pilates does not provide direct medical advice on vaccinations and inoculations. Please visit the www.cdc.gov and discuss your travel plans with your physician prior to travel. Be aware that some immunizations involve a series of inoculations or medications, so we recommend that you do not put this off until the last minute.
CALIFORNIA PILATES IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN CALIFORNIA PILATES, IT’S OWNERS, HEIRS AND ITS EMPLOYEES.
Release and Waiver of Liability; Assumption of Risk, and Indemnity Agreement
(last updated 08/21)
The California Pilates LLC, and its subsidiaries, parents, and affiliates (collectively, “California Pilates”) may operate studios, live streaming, and pre-recorded video services that provide Pilates and other activities to promote fitness and good health under the California Pilates brand. California Pilates’ studio and live streaming hours vary and are subject to change at California Pilates’ discretion.
In addition to the rules set forth herein, California Pilates may, from time-to-time, post at California Pilates’ facilities or online platforms, or issue orally or in writing, additional rules that the members must obey for general safety reasons and mutually respectful use of the facilities or streaming services.
Use of Membership
If applicable, to use a studio, you must present your membership card or other YogaWorks-specified identification for check-in at the front desk. If your membership card is forgotten or misplaced, the picture on file will verify your identity or a valid form of identification may be required as membership and studio usage is not transferable. You may not allow any other person access to YogaWorks through the use of your membership (except when you are expressly permitted to bring guests). Doing so may result in suspension or cancellation, with any outstanding balance immediately due and payable.
With respect to live streaming or pre-recorded membership options, sharing of your login information and multi user access to content is strictly prohibited and violation of this section will result in suspension or cancellation, with any outstanding balance immediately due and payable and any prepaid fees not subject to refund unless otherwise required by applicable law.
Proper athletic attire is required for both streaming and in studio classes. Please remember that even when streaming, if you leave your camera on, others may be able to see you so we ask that you dress and behave appropriately. No street clothes or shoes are permitted in studio unless expressly approved in advance by a California Pilates employee. California Pilates has the right to prevent the participation in a class if proper attire is not worn.
Alcohol, drugs (including steroids), and smoking are not prohibited within California Pilates’ facilities or while streaming California Pilates services. You agree not to use any California Pilates’ facility or engage in any California Pilates-related activity under the influence of drugs, alcohol or medication that may impair your ability to participate in the applicable activity or operate any equipment. No weapons of any kind are allowed. No photography, videotaping, filming or audio recording is permitted within California Pilates’ facilities or of California Pilates streaming services without the express written consent of California Pilates’ management. California Pilates reserves the right, in its sole discretion, to limit the consumption of food or beverages, or to the use of outside equipment within California Pilates’ facilities. No recording of any livestream or pre-recorded content is permitted at any time without express written consent of California Pilates.
Health Warranty, Assumption of Risk, Waiver of Liability and Release
By electronically signing or otherwise electronically accepting and agreeing to this Agreement, you expressly acknowledge that the use of the facilities, classes, or livestreaming or video recordings of California Pilates may involve strength, flexibility, aerobic, cardio and/or other exercises, including the use of equipment, as well as soft tissue manipulation or manual adjustments (which may include the instructor, assistant, trainee, or mentee guiding your body to a pose or specific movement), all of which can be potentially hazardous activities that naturally involve the risk of injury to you, whether you or someone else cause it, and you understand and voluntarily accept this risk. In addition, you represent that you are (and at all times moving forward when taking classes or receiving instruction by or through California Pilates) in good health and have no disability, impairment, injury, disease or ailment that would prevent you from safely engaging in active or passive exercise or soft tissue manipulation or which would cause increased risk of injury or adverse health consequences as a result of engaging in active or passive exercise, and you further acknowledge and understand that it is your duty to notify your California Pilates teacher in advance of each and every class of any changes in your good health standing). You acknowledge and agree that California Pilates and its employees and agents do not diagnose or prescribe treatment for any illnesses or injuries. No service provided by California Pilates is a substitute for medical treatment or care. Please inform your California Pilates teacher in advance of each class if you prefer not to receive manual adjustments. Failure to do so will be deemed implied consent to receive manual adjustments in a class.
You hereby acknowledge and agree that California Pilates will not be liable for any injury, including, without limitation, personal, bodily or mental injury, economic loss or any damage to you, your spouse or partner, guest, unborn child or relatives resulting from the negligence of California Pilates, anyone providing services on California Pilates behalf or anyone else using California Pilates’ facilities or providing livestream or pre-recorded content and you release California Pilates from any liability related to any such injury, including any transmission of sickness, virus, pathogen, or disease. All sessions, classes, performance of any activities provided by California Pilates whether in person, online, through video or stream or otherwise, or use of California Pilates’ studio facilities (or entry/exit of such facilities), livestreaming or video, use of California Pilates’ studio-provided equipment or apparatus (whether during a class or otherwise), or use of any other California Pilates service shall be at your sole risk. You understand that the decision to use any equipment or apparatus, or the selection of programs, methods and types of equipment, shall be solely your responsibility, and at no time may you use any equipment without supervision by a California Pilates teacher, and California Pilates shall not be liable to you for any claims, demands, damages or causes of actions due to injury to you or your property arising out of or in connection with your use of the services or facilities of California Pilates, or any occurrence in or around a California Pilates facility, regardless of whether the injury or damages were caused by the negligence of California Pilates, its employees or its agents. This waiver of liability and release specifically applies to claims of negligent instruction, maintenance, cleaning, and/or supervision that may arise as a result of injuries sustained before, during, or after classes or individual training sessions. Although California Pilates instructors may provide guidance during a class or individual session, it is your sole responsibility to discontinue participation in any activity you feel is beyond your capability to safely perform and California Pilates will not be responsible for any injuries or damages arising from your engagement in any activities at any California Pilates’ studio regardless of whether they were caused by the negligence of California Pilates, its employees or its agents, trainees, assistants, or mentees. You acknowledge and agree that this waiver of liability and release applies to any and all incidents occurring on any California Pilates owned, operated or controlled premises, including slip or trip and fall incidents, regardless of the cause. You further acknowledge and agree that California Pilates is not liable and does not assume responsibility for any claims, losses, damages, costs or expenses arising out of any inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from any act or omission of California Pilates or any other party. The scope of this waiver of liability and release specifically includes any and all injuries sustained in or about the premises of any California Pilates facility and during any event or program organized or operated by California Pilates away from its facilities, including, without limitation, parks, beaches, community centers and schools.
You expressly acknowledge and agree that by electronically signing or otherwise electronically accepting and agreeing to this Agreement you are relinquishing all rights you may have to sue California Pilates for injuries arising out of the use of any California Pilates facilities or its services.
This waiver of liability and release is intended to be interpreted as broadly as allowed under the law of the state where your primary California Pilates facility is located.
Waiver of Claims Related to Defective Equipment
You understand and acknowledge that California Pilates does not manufacture any of the fitness or other equipment at its facilities, but purchases or leases equipment from third parties. As such, you acknowledge and agree that California Pilates is solely providing recreational services and may not be held liable for defective products.
Waiver of Claims for Third Party Suppliers
From time-to-time, California Pilates makes arrangements with accommodation providers, activity providers and other independent parties (“Third Party Suppliers”) to provide you with certain programming. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of services that form part of such programming. Although California Pilates takes all reasonable care in selecting Third Party Suppliers, California Pilates is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and, therefore, cannot be responsible for their acts or omissions. Such services provided are subject to the conditions imposed by the Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Suppliers. You acknowledge that Third Party Suppliers are individually responsible to operate in compliance with the applicable laws of the countries in which they operate and California Pilates does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
You expressly acknowledge and understand that you will be automatically opted into communications from California Pilates with regard to the services provided, branding, marketing, or anything else and that it is your duty to opt out through the procedures outlined in such communications. You further expressly acknowledge and understand that your photo and/or video likeness may be used, without limitation, in connection with publicity, copyright, marketing, web content, social media, live stream, recorded classes, or other uses and that permission is expressly granted for such uses, and that no additional consideration outside of the services provided by California Pilates will be provided.
Any controversy or claim arising out of or relating to this Agreement, your use of California Pilates facilities or services, streaming products or otherwise, California Pilates’ policies, procedures, practices, marketing, brochures or any other literature concerning California Pilates services or facilities or the breach thereof, including, without limitation, any claim related to illness, injury or death, shall be subject to the following conditions: (1) the dispute will be governed by California law; (2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including, without limitation, the validity, interpretation, performance and breach hereof, through a process of mediation in California under the supervision of a mutually agreed upon mediator; (3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in California using one arbitrator pursuant to the then existing rules of the American Arbitration Association; (4) the maximum amount of recovery to which you may be entitled under any and all circumstances will be the amount you have paid to California Pilates in the 12 months prior to the date of the claim. This agreement to arbitrate does not waive or modify any liability release agreed to by you. Arbitration against California Pilates must be commenced within one year following the date of the incident giving rise to the claim. Neither California Pilates nor any of its affiliates, employees or agents shall in any case be liable for other than compensatory damages, and you hereby waive any right to punitive damages. Further you expressly acknowledge and agree to waive any rights that you may have to pursue or participate in a class or collective action pertaining to any such claims related to California Pilates.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior agreement or understanding between you and California Pilates with respect thereto. California Pilates has made no express or implied warranties or representations other than those expressly set forth in this Agreement to induce you to enter into this Agreement.
Manual, handwritten or oral changes to this Agreement are not valid. Only a written document entitled “Amendment to Membership Agreement” signed by both an authorized representative of California Pilates and you may change the terms of this Agreement. California Pilates employees are not authorized to make any independent agreements with any member.
If California Pilates does not enforce any right in the Agreement for any reason, California Pilates does not waive its right to enforce it later. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original Agreement.
If any provision of this Agreement is held unenforceable, it is the parties’ intention that such un-enforceability shall not affect other provisions of this Agreement.
This Agreement may be executed in one or more original or electronic counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument.
This Agreement applies equally to all Yoga Tree and other California Pilates owned and/or operated facilities regardless of brand.
By submitting payment, electronically signing or otherwise electronically accepting and agreeing to this Agreement on your own behalf or as the parent or legal guardian of a minor, you are certifying that you are at least 18 years old and that you have carefully reviewed, fully understand and agree to all provisions of this Agreement. You further understand and agree that you are responsible for all payments described herein.