Terms & Conditions of Purchase
These Terms & Conditions of Purchase apply to everybody who purchases any type of class, series, workshop, private lesson or package of classes (“Purchaser”) directly from Pilates V or indirectly through a 3rd Party Payer (including but not limited to ClassPass and Groupon).
SECTION 1: FEES AND PAYMENTS
- Purchaser’s Obligation. Purchaser shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of Purchaser’s failure to use the facilities of Pilates V (the “Studio”).
- Form of Payment. All payments (including per class payments and incidentals) are payable by electronic funds transfer from the Purchaser’s credit card account or debit card account. Purchaser must authorize payments to be made through a third party administered electronic funds transfer system. Purchaser maintains full control and privacy over his or her account at all times, and the transfer of funds affects only those fees that have Purchaser’s prior authorization and when a Purchaser authorizes any additional transaction, including but not limited to single classes, class series, class packages, and retail or product transactions either on the Studio’s website or in the Studio’s facilities, as well as charges associated with late cancellation and/or no-shows.
- Returned Payment Penalty. Purchaser will automatically be charged any bank fee imposed on the Studio, plus a processing fee, for any returned payment item due to closed accounts, insufficient funds or similar issue. On such occasion, the Studio retains the right to collect the current and past due balances in any subsequent month.
- Disputed Charge Penalty. In the event that a Purchaser initiates a credit card dispute that is subsequently resolved in the Studio’s favor, the Studio shall have the right to charge Purchaser up to $50 per occurrence.
- Cancellation of Classes and Waitlist Policy. In order to make a reservation, you must first purchase a pass, session, workshop or series. To do this, you can go to www.pilatesv.com to “Sign Up” and create a username if you have not done so already. You should be aware that services expire and class and future services prices are subject to change. We accept Mastercard, Visa, and Discover. We do not accept American Express. All Studios are cashless and accept credit cards only. Reservation and cancellation deadlines apply regardless of website, phone or facility functionality.
Your credit/debit card will be charged for your order when you make a purchase. Pilates V will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Kismet LLC may incur in its efforts to collect any unpaid balances from you.
Please reserve your spot for class on https://pilatesv.pike13.com. Click on the Book Classes page and choose a class time you would like a spot. If a class is full you will see a ‘Sign up for the Waitlist’ button to joint the waitlist for that class. If a spot opens up in that class at least 12 hours before the class begins, you’ll be placed into the class and notified via email. If a spot opens up within 12 hours before the class begins, we will reach out to offer that spot first to clients who waitlisted earlier.
It is recommended that you sign up in advance for Pilates V classes. You are able to book classes out as far as you like. Clients with an active pass, plan, sessions or membership can sign up in advance by calling, texting, sending an email or signing up online through this website. All reservations are held until the class begins.
SECTION 2: CLASS CANCELLATION POLICY
Class reservations are valid only if you are ready and in the class studio within 5 minutes of the class commencing. In fairness to all our customers, spots will be released 5 minutes after the class commences. You can cancel your reservation by logging on to your account through https://pilatesv.pike13.com.
Due to limited spots available in each group class or private session, Pilates V has two types of charges to motivate attendance. A LATE CANCEL charge of $15 occurs if you cancel within 12 hours of the scheduled class time. A NO-SHOW charge of $25 occurs if you do not cancel out before the scheduled class time, if you arrive more than 5 minutes late to class, or if you are signed up for a class and do not attend at all.
If you cancel your spot within 12 hours before the start time of class, your class will be returned to your pass or plan to be used at a future date; the class is not refunded but you will be charged the “LATE CANCEL” fee. If you do not show up and do not cancel your reservation, your scheduled class will not be refunded and you will be charged a "NO-SHOW" fee.
SECTION 3: PURCHASER RISKS
- Medical Recommendations. Purchaser is strongly advised to consult with his or her physician or to have a physical examination before using any of the Studio’s facilities or enrolling in any of the Studio’s classes, especially if Purchaser is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to strenuous physical exertion or has any other physical limitations that could create an increased risk of injury or adverse health consequences from strenuous exercise.
- Orientation. Purchaser is strongly encouraged to arrive early prior to their first class as well as request ongoing support available at the Studio to ensure the proper and safe use of all of the Studio’s equipment.
- Purchaser Conduct. Purchaser shall not use any Studio facility, service or equipment in such a way as to endanger the health or safety of Purchaser or others. Purchaser shall be responsible for any property damage or personal injury caused by Purchaser and/or his or her guests. Purchaser agrees not to violate any laws while in any Studio facility and agrees further to abide by all of the Studio’s rules and regulations, as they now exist and as they may be amended from time to time in the discretion of the Studio.
- Purchaser Assumption of Risk. Purchaser acknowledges that his or her participation in the Studio’s classes and use of the Studio’s facilities necessarily involves a risk of severe, permanent physical injury (including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury, and paralysis) and death. By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, PURCHASER WILLINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS. The Studio cannot, and does not, guarantee that any facility, class or equipment is free of risk of any and all accidents or injuries of any kind (including death).
- Medical Disclaimer. Purchaser has been informed and acknowledges that the Studio makes no claims as to medical or fitness results that can or may be obtained through use of the Studio’s facilities, equipment or services. The Studio has neither suggested nor will suggest any medical treatment to Purchaser. Only licensed medical professionals are qualified to give medical advice.
Purchaser’s Health Warranty. By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, Purchaser represents and warrants that he or she (i) is in good medical and physical condition, and that participation in the classes or use of the facilities does not pose any danger to Purchaser’s health; (ii) has no medical or physical conditions that would preclude his or her participation in any of the Studio’s classes or use of the Studio’s facilities, or otherwise create an increased risk of injury or adverse health consequences as a result of strenuous exercise; and (iii) has not been instructed or advised by any physician against participating in strenuous physical exercise or exertion, participating in any of the Studio’s classes, or using the Studio’s facilities.
- Purchaser Waiver, Release and Indemnity. By checking the box to signify agreement with the Terms and Conditions of Purchase and/or by attending classes or otherwise participating in Studio activities, Purchaser, on behalf of his- or herself, and on behalf of his or her heirs and assigns, expressly agrees to forever discharge, waive and release Kismet LLC, dba "Pilates V" and each of its subsidiaries and their respective members, officers, directors, affiliates, instructors, agents, employees and/or independent contractors (the “Released Parties”) from any and all claims, demands, injuries, liabilities, actions, causes of action and from all acts of active or passive negligence on the part of the Released Parties on account of any and all injuries or damages, including but not limited to bodily injury, mental injury, death and/or property damage from any event, mishap, accident, loss, damage or injury suffered resulting from or connected with or caused by the use of the Studio’s classes, services and facilities (including, without limitation, any of the Pilates reformers, Pilates chairs, Springboards, TRX, barres, or other fitness equipment, lobby, bathroom, dressing room, or other equipment). Purchaser further agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Released Parties from any and all claims, losses and liabilities arising from, connected to, and/or arising from his or her use of the Studio’s classes, services and facilities (including, without limitation, any of the fitness equipment at Pilates V, bathroom, dressing rooms, or other equipment.) Additionally, Purchaser and his or her guests shall hold the Released Parties harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of their use of the Studio and associated activities.
- Prevailing Party. In the event Purchaser commences an action against the Studio or its members, officers, affiliates, agents or employees and fails to obtain judgment or partial judgment in Purchaser’s favor, Purchaser shall be liable to the Studio for all costs and expenses associated with Studio’s defense of the action or any claims on which Purchaser did not prevail, including, without limitation, reasonable attorneys’ fees and costs.
- Costs of Collection. Purchaser agrees to pay all costs plus reasonable attorney and collection fees in connection with Studio’s (or Studio’s designee’s) collection of any amounts owed by Purchaser.
- Loss of Property. Purchaser is urged not to bring valuables onto the Studio premises and to keep valuables with him or her at all times. The Studio shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry).
SECTION 4: GENERAL PROVISIONS
- Purchaser and Guests Rules. Purchaser and his or her guests shall abide by the Studio’s rules and regulations and any amendments and/or modifications thereto.
- Lockers and Cubbies. Lockers and Cubbies are provided solely for the benefit and convenience of the participants. The Studio will remove any articles left in a locker or cubbie overnight.
- Pets and Bicycles. Pets and bicycles are not permitted in the Studio unless approved beforehand.
- Dress Code. Proper athletic attire is required. The Studio reserves the right to make the final determination in its sole discretion with regard to appropriate attire. Purchaser agrees to wear non-slip socks to all classes.
- Independent Contractors. From time to time, the Studio may make the services of independent contractors available to Purchaser and his or her guests. The Studio does not warrant or guarantee the quality of these services.
- Guest Rules. Guests are permitted in the Studio, but only pursuant to such rules, fees and schedules as then may be in effect. All guests must register at the front desk and sign the Studio’s standard release agreement.
- Special Events. The Studio may from time to time reserve the use of its facilities for special events, competitions and private functions.
- Change in Operating Hours/Temporary Closing of Studio. As a result of repair, maintenance, special occasions, or act of God, the Studio may be required to restrict the use or temporarily close its facilities or activities from time to time. Hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at the Studio’s discretion.
- Children’s Use. All children under 18 years of age must be accompanied by a parent at all times within the Studio unless they are in a supervised activity. Children under age 13 are not permitted in any Studio facility without the express permission of Studio management. The Minor Waiver must be signed by the parent (purchaser) in order for the child to participate in class.
SECTION 5: MISCELLANEOUS
- Non-Discrimination. The Studio will not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry in considering applications for, or have taken other action in connection with, entrance in the Studio.
- Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.
- Enforcement. If any provision of these Terms and Conditions of Purchase is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
- Governing Law; Jurisdiction. This agreement shall be governed in all respects by the substantive law of the State of Texas, without regard to its conflict of law principles. Purchaser hereby unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in Texas, Texas for any actions, suits or proceedings arising out of or relating to this agreement.
- Entire Agreement. These Terms and Conditions of Purchase and all rules and regulations of the Studio, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to the subject matter hereof. This agreement may be modified only by an instrument in writing and only by the Studio.
License. The contents of our Site, including, but not limited to, its text, graphics, images, logos, and button icons, editorial content, notices, software (including HTML or XML-based computer programs) and other material, are protected under both United States and foreign copyright, trademark, and other laws. These contents belong or are licensed to Pilates V. We hereby grant you the right to view and use our Site subject to these Terms. You may download or print a copy of information provided in the Site for internal use or distribution only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
You assume all responsibility for your use of, or access to, this Site, including your access to any Pilates V literature obtained from the Site, and waive all claims or causes of action against Pilates V, its officers, directors, employees, agents and affiliates in connection therewith.
Disclaimer. THIS SITE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO GUARANTEE THAT THE INFORMATION ON THIS SITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THIS SITE WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. Changes are periodically made to the information herein; these changes will be incorporated in new editions of the Site.
Additional Products and Services Disclaimer. Pilates V makes available certain descriptions of its products and services on the Site. Pilates V does not represent or warrant that any particular product or service will conform to those descriptions. Each product or service is governed specifically and exclusively by the instrument entered into by the parties for that product or service and not by any information posted on the Site. This paragraph 4 is in addition to and not instead of the disclaimers set forth in paragraph 3 above.
Indemnity. You agree to indemnify, defend and hold harmless Pilates V, its officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any violation of these Terms or any activity related to use of the Site (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site on your behalf.
Restricted Access Portions Of The Site. You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to restricted areas of the Site using your user name or password. You agree that, if you are provided rights to access or use restricted areas of the Site, those rights are non-transferable. You may not assign, sublicense, transfer, pledge, lease, rent, or share the user name and password to any one other than an employee or agent authorized to act on your behalf, and subject to all of the provisions set forth in these Terms. You assume all responsibility for loss or misuse of your password and are responsible for any activities undertaken by a person in possession of your user name or password for any reason other than solely due to the negligence of Pilates V.
Termination. You agree that Pilates V may, under certain circumstances and without prior notice, immediately terminate your Pilates V account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Term of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Pilates V account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Pilates V's sole discretion and that Pilates V shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
Recovery Fees. You agree that Pilates V can, under certain circumstances and without prior notice, charge recovery fees for the purpose of recovering damages you incur in the event you attempt to exploit or abuse our policies or our Pike13 point-of-sale system. Cause for such fees shall include, but not be limited to, (a) creation and use of duplicate Pike13 accounts, (b) impersonation (allowing others to attend classes you scheduled on your behalf), (c) purchasing a particular new client special more than once, (d) redeeming multiple vouchers, (e) theft of retail merchandise, and/or (f) filing fraudulent chargebacks.
Employment Opportunities. We welcome expressions of interest in employment with Pilates V. Pilates V does not discriminate in hiring or employment on the basis of race, color, religion, disability, national origin, age, sex, or any other characteristic protected by applicable federal, state or local law. You understand that the invitation to submit your resume or expression of interest in a job posted on the Site is not intended to, and does not, create a contract between you and Pilates V for employment or for any other benefit. You understand that any communication sent by you to Pilates V inquiring about employment shall not be considered an application for employment and creates no obligation on the part of Pilates V to respond. Should Pilates V be interested in exploring employment opportunities with you, we will contact you in response to your inquiry.
REGISTRATION OBLIGATIONS. In consideration of your use of the Service, you represent that you are 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. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pilates V has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pilates V has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Governing Law and Forum. These Terms are to be construed in accordance with the laws of the State of California, except for the conflict- or choice-of-law principles thereof. By using the Site, you agree to submit any and all disputes arising out of or relating to these Terms to the exclusive jurisdiction of the state or federal courts located in the City and County of San Francisco, California, or, at Pilates V’s sole election, to binding arbitration before a single arbitrator pursuant to the American Arbitration Association's Commercial Dispute Resolution Procedures, with such arbitration to take place in the City and County of San Francisco, California.
Contacting Us. If you have any questions or concerns about these Terms, please contact us at hello@PilatesV.com.
Waiver of Liability
Studio policy and booking procedure
I hereby agree to the following:
That I am participating in the Exercise Classes, Programs or Workshops offered by Pilates V and its instructors during which I will receive information and instruction about health and fitness. I recognize that fitness programs require physical exertion that may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved. I understand that all reasonable efforts will be made to ensure my physical safety. I understand that the equipment can be dangerous if used improperly and I will follow the strict instructions given by my instructor with respect to all of the equipment used.
I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Exercise Classes, Programs or Workshops. I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in the Exercise Classes, Health Programs or Workshops.
In consideration of being permitted to participate in Exercise Classes, Programs or Workshops, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the program.
In consideration of being permitted to participate in Exercise Classes, Programs or Workshops, I knowingly, voluntarily and expressly waive any claim I may have against Pilates V and its instructors for injury or damages that I may sustain as a result of participating in the program.
I, my heirs or legal representatives forever release waive, discharge and covenant not to sue Pilates V and its instructors for any injury or death caused by their negligence or other acts.
I further agree to the studio’s policies stated below:
I am responsible for my own booking. I understand that I can check my status using my online account. I know my login ID and my password.
I acknowledge that I may not receive confirmation of my class bookings. I can check the my bookings in my Pike13 account for Pilates V to view my confirmed bookings and wait-listed classes.
I understand that I have the opportunity to sign up for a class in advance and that if I don’t sign up in advance there might not be any available space in any class.
Pilates V requires a 12-hour cancellation for Group Classes to avoid forfeiting a session and 24-hour cancellation and notification directly to your trainer for private sessions. There are no exceptions.
Classes are not refundable and are non-transferable. Please note that when you purchase classes you are paying for a class and not an instructor. Instructors are subject to change without notice. Classes are subject to change without notice. Please check Pike13 for current class schedule.
CHANGES TO TERMS
Pilates V reserves the right, in its sole discretion, to change the Terms under which www.pilatesv.com and https://pilatesv.pike13.com are offered. The most current version of the Terms will supersede all previous versions. Pilates V encourages you to periodically review the Terms to stay informed of our updates.