Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

The Powerhouse Pilates (“Powerhouse Pilates”) website allows users to receive information about Powerhouse Pilates (including e-mail newsletters), and book, cancel and pay for services offered at the Powerhouse Pilates studio. The services (“Powerhouse Pilates Services”) offered by Powerhouse Pilates include but are not limited to the services listed on https://powerhousepilates.com website, which is hosted in the United States. These terms and conditions (“Terms of Use”) set forth the legally binding terms for your use of the Powerhouse Pilates Services. By using the Powerhouse Pilates Services, you agree to be bound by these Terms of Use, whether you are a “Visitor” (which means that you simply browse the Powerhouse Pilates website) or you are a “Member” (which means that you have registered with Powerhouse Pilates and/or purchased one or more Powerhouse Pilates Services). The term “User” refers to a Visitor or a Member. You are only authorized to use the Powerhouse Pilates Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Use. Please read this Terms of use notice carefully and save it. If you do not agree with it, you should leave the Powerhouse Pilates website and discontinue use of the Powerhouse Pilates Services immediately. If you wish to become a Member, you must read these Terms of Use and indicate your acceptance during the registration process.

YOUR ACCEPTANCE

By using and/or visiting our website, you signify your agreement to these Terms of use, as well as Powerhouse Pilates’ “Privacy Policy” (found at https://powerhousepilates.com/privacy and incorporated herein by reference). If you do not agree to any of these terms or to any of the terms of the Powerhouse Pilates Privacy Policy please do not use the Powerhouse Pilates website. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up to date version, which will always be posted at https://powerhousepilates.com/terms. Powerhouse Pilates may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

POWERHOUSE PILATES WEBSITE

In order to access some features of the website, you will have to create a Powerhouse Pilates account. You may not use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Powerhouse Pilates immediately of any breach of security or unauthorized use of your account. Although Powerhouse Pilates will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Powerhouse Pilates or others due to such unauthorized use.

GENERAL TERMS

ELIGIBILITY

Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of, or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Powerhouse Pilates Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Use. Minors between the ages of 13 and 18 may register on our website only with the supervision or involvement of a parent or guardian.

TERM

These Terms of Use shall remain in full force and effect while you use the Powerhouse Pilates Services or are a Member. You may terminate your membership at any time, for any reason, by emailing us at [email protected]. Powerhouse Pilates may terminate your membership at any time, without warning, if you breach these Terms of Use. Even after membership is terminated, these Terms of Use will remain in effect.

FEES

You acknowledge that Powerhouse Pilates charges fees for its services, and Powerhouse Pilates reserves the right to change its fees from time to time in its discretion. If Powerhouse Pilates terminates your membership because you have breached these Terms of Use, you may not be entitled to a refund of any unused portion of membership or other fees.

PASSWORD

When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Powerhouse Pilates immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

RESERVATIONS/CLASSES/GIFT CARDS

Reservations. In order to make a reservation for a particular class, you must first buy a single class, a package of classes, or monthly membership. To buy an individual class, package of classes, or enroll in the monthly membership online, you can sign up through Mind Body (https://clients.mindbodyonline.com/asp/main_shop.asp?fl=true&tabID=3 ) by using your email and creating a password, or if you are already registered, click login to buy a class, class package, or enroll in monthly membership and make your reservation for your desired class.

Gift Cards. In addition to classes and class packages, you can also buy a gift certificate. Powerhouse Pilates’ gift certificates are called “gift cards.” Gift cards never expire and the person that you are giving them to can use his or her gift card(s) to buy classes or to buy any kind of merchandise. Once a class is purchased using a gift card, it will expire, just like any other classes you buy. If you would like to buy a gift card please click here (https://clients.mindbodyonline.com/asp/main_shop.asp?pMode=2&tabID=3 ).

Classes/Class Packages. Classes do expire. The classes and class package expiration dates are posted in the description of the class or class packages on the Powerhouse Pilates website and Mobile Services and listed on your purchase receipt. If however, you are unable to book a class in time, just give us a call at 858-220-2462, or email us at [email protected] and we can assist you. DISCLAIMER: Classes and gift cards are not the same thing. Unlike gift cards or gift certificates, classes are for in-studio pilates classes only. You cannot give classes to another as a gift. When you buy a class, you are only entitled to use that class to book a space in our studio at 5010 Cass Street, San Diego, CA 92109 at a particular time. You cannot redeem your class for cash and you cannot transfer it to another.

MONTHLY MEMBERSHIPS

Powerhouse Pilates offers three monthly memberships including (a) unlimited monthly membership (up to 30 classes in a month), (b) 10 class monthly membership, and (c) 5 class monthly membership. The number of classes you can book each month will depend on the membership package you choose. Members cannot book more than one class each day, and classes do not roll over to the next month if not used. Members will not receive a credit for any classes not booked within the calendar month of the membership. Monthly memberships can be cancelled at any time without penalty, but however all cancellation requests must be submitted in writing by emailing us at [email protected]. Monthly membership fees will be automatically charged to the credit card linked to your account each calendar month, and memberships will be auto renewed without notice, unless a request for cancellation is emailed to us. Members will not be able to book classes beyond the 30 day period of each month until the membership package auto renews. If you desire to book a class beyond the 30 day period please send us an email.

No Show/Late Cancel Fee. For unlimited monthly members, your credit card will be automatically charged a $15.00 fee for all no shows (meaning you reserve a class but do not show up), and an $11.00 fee for all late cancellations (meaning you cancel a class beyond the 12 hour window prior to the class time). (Note: this no show/late cancel fee only applies to the unlimited monthly membership package).

Special Add-on Class Pricing for Members. All 10 class and 5 class monthly membership members will be entitled to receive a special member rate of $12.00 per class for each additional class booked on top of the monthly membership classes in each calendar month. These additional classes must be used in the calendar month in which they are purchased, and do not roll over to the next month. Members will not receive a credit for any classes not booked within the calendar month of the membership. To purchase this additional class do not sign up for a new contract, simply purchase the single class for “auto renew.” You will find this option in the Mind Body online store under the “Online Store” tab.

GENERAL USE OF THE WEBSITE

PERMISSIONS AND RESTRICTIONS

Powerhouse Pilates hereby grants you permission to access and use the website as set forth in these Terms of Use, provided that you agree not to distribute in any medium any part of the website, without Powerhouse Pilates’s prior written authorization and you agree not to alter or modify any part of the website or any of its related technologies. You will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations. Powerhouse Pilates reserves the right to discontinue any aspect of the Powerhouse Pilates website at any time.

YOUR USE OF CONTENT ON THE SITE

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Powerhouse Pilates website. The content on the Powerhouse Pilates website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Powerhouse Pilates, subject to trademark, trade dress, copyright and other intellectual property rights under the law. Content on the website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Powerhouse Pilates reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Powerhouse Pilates website or the Powerhouse Pilates Services, provided by you to Company are non-confidential and shall become the sole property of Powerhouse Pilates. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Powerhouse Pilates website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Powerhouse Pilates website or the Content therein.

TRADEMARKS

“Powerhouse Pilates,” and the power symbol logo and other trademarks, service marks, trade names and identifying characteristics, including without limitation, the graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade names or trade dress of Powerhouse Pilates and its affiliates in the U.S. and/or other countries for which applications are pending, or registrations have been issued. Powerhouse Pilates’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Powerhouse Pilates.

MOBILE SERVICES

The Powerhouse Pilates Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Powerhouse Pilates Services via your mobile phone, (ii) the ability to receive and reply to Powerhouse Pilates messages, (iii) the ability to browse Powerhouse Pilates from your mobile phone and (iv) the ability to access certain Powerhouse Pilates features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Powerhouse Pilates and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

ACCOUNT TERMINATION POLICY

Powerhouse Pilates will terminate a User’s access to its website or Mobile Services if, under appropriate circumstances, they are determined to be a repeat infringer of this Terms of Use or any other policy of Powerhouse Pilates. YOU AGREE THAT YOUR USE OF THE POWERHOUSE PILATES WEBSITE AND MOBILE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, POWERHOUSE PILATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND MOBILE SERVICES AND YOUR USE THEREOF. POWERHOUSE PILATES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE POWERHOUSE PILATES SERVICES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE POWERHOUSE PILATES WEBSITE. POWERHOUSE PILATES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE POWERHOUSE PILATES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND POWERHOUSE PILATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE POWERHOUSE PILATES SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND POWERHOUSE PILATES EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. POWERHOUSE PILATES CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE POWERHOUSE PILATES SERVICES.

LIMITATION OF LIABILITY

POWERHOUSE PILATES’ LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POWERHOUSE PILATES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR ANY OTHER MATERIALS OR (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE POWERHOUSE PILATES WEBSITE OR THROUGH USE OF THE MOBILE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES R SERVICES PROVIDED TO YOU BY POWERHOUSE PILATES. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. YOU SPECIFICALLY ACKNOWLEDGE THAT POWERHOUSE PILATES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The website and Mobile Services are controlled and offered by Powerhouse Pilates from its facilities in California, U.S.A. Powerhouse Pilates makes no representations that the Powerhouse Pilates website or Powerhouse Pilates Mobile Services are appropriate or available for use in other locations. Those who access or use the Powerhouse Pilates website or Powerhouse Pilates Mobile Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

You agree to defend, indemnify and hold harmless Powerhouse Pilates, its affiliates, parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Powerhouse Pilates website and Mobile Services, or your violation of any term of these Terms of Use. This defense and indemnification obligation will survive these Terms of Use and your use of the Powerhouse Pilates website and Mobile Services.

ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as neither the Powerhouse Pilates website, nor the Powerhouse Pilates Mobile Services are intended for children under 13. If you are under 13 years of age, then please do not use the Powerhouse Pilates website or Mobile Services.

ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Powerhouse Pilates without restriction.

GOVERNING LAW; VENUE AND JURISDICTION

The Powerhouse Pilates website and Powerhouse Pilates Mobile Services are controlled and operated by Powerhouse Pilates from its offices in the State of California. Powerhouse Pilates makes no representation that any of the materials or the Powerhouse Pilates Services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Powerhouse Pilates purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

You agree that: (i) the Powerhouse Pilates website and Mobile Services shall be deemed solely based in California; and (ii) the Powerhouse Pilates website and Powerhouse Pilates Mobile Services shall be deemed a passive website that does not give rise to personal jurisdiction over Powerhouse Pilates, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the state of California, without respect to its conflict of laws principles. Any claim or dispute between you and Powerhouse Pilates that arises in whole or in part from the Powerhouse Pilates website or Powerhouse Pilates Mobile Services shall be decided exclusively by a court of competent jurisdiction located in San Diego, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California. These Terms of Use, together with the Privacy Policy (located at https://powerhousepilates.com/privacy) and any other legal notices published by Powerhouse Pilates on the website, shall constitute the entire agreement between you and Powerhouse Pilates concerning the Powerhouse Pilates website and Powerhouse Pilates Mobile Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Powerhouse Pilates’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Powerhouse Pilates reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Powerhouse Pilates website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

ARBITRATION

YOU AND POWERHOUSE PILATES AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Either Powerhouse Pilates or you may demand that any dispute between Powerhouse Pilates and you about or involving the Powerhouse Pilates Services must be settled by arbitration utilizing the dispute resolution procedures of the JAMS in San Diego, California, USA provided that the foregoing shall not prevent Powerhouse Pilates from seeking injunctive relief in a court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Powerhouse Pilates website or the Powerhouse Pilates Services, provided by you to Powerhouse Pilates are non-confidential and shall become the sole property of Powerhouse Pilates. Powerhouse Pilates shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

HOW TO CONTACT US

If you have any questions or concerns about the Powerhouse Pilates Terms of Use for this site, its implementation or your personal information, you may contact us by email at: [email protected], by telephone at (858) 220-2462 or by postal mail to Powerhouse Pilates, 5010 Cass Street, Suite H, San Diego, California 9209.

ACKNOWLEDGEMENT

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

TERMS OF USE