TERMS OF SERVICE

 

Effective Date: April 2024

 

This Terms of Service (the “Agreement”) is between You, the user and client, and Anatomy of Pilates (“Anatomy of Pilates” or “AOP”).

 

1 - DESCRIPTION OF SERVICES: The Anatomy of Pilates brand features movement therapy and education through live and on-demand, in-person and virtual, individual sessions, group classes, workshops, educational programs and events; an online membership program (“Membership”), which includes member’s-only digital platforms and content; digital courses; free and paid online resources; a website and related third-party sites (the “Sites”); social media platforms; mobile applications; and other distribution platforms (collectively, the “Services”) operated by Anatomy of Pilates.

 

These Terms and Conditions are applicable to all users of Anatomy of Pilates through its “Website” www.AnatomyofPilates.com and related domains, sub domains, and mobile and desktop applications (individually and collectively the “Sites”). These Terms govern your use of and interaction with the Services, Sites (including all functionalities, features, streaming services, audio, visual, written media, downloaded content from the Sites), web links and user interfaces, and all content and software associated with the Services as provided by Anatomy of Pilates.

 

2 - ACCEPTANCE OF TERMS:  The Sites are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such of these terms, conditions, and notices. Anatomy of Pilates has the right, at its sole discretion, to modify, add, or remove any terms or conditions without notice or liability to You. Any changes shall be effective immediately. You may see the most recent changes and version of this Agreement as noted by the date at the top. You agree to review these changes from time to time and agree that any subsequent use by You of the Sites and Services following the changes shall constitute your acceptance of such change. The Services provided by the Sites are made available for your personal, non-commercial use only.

 

3 – DESCRIPTION AND USE OF THE PRODUCTS AND SERVICES: Anatomy of Pilates offers:

• Flagship Course, consisting of 31-lectures featuring anatomy and post-rehab exercises to aid clients in returning to exercise or Pilates
• For-purchase courses available on-demand via instant download; and
• Alumni Membership for former course takers looking to continue their education
• Studio Partnerships
• Individual Mentorship and Coaching
• Other programs and offerings as determined by Anatomy of Pilates, made available through the Sites.

 

FLAGSHIP COURSE: an annual program, spanning 10-months and consisting of 31-lectures related to anatomy and post-rehab exercises to aid clients in returning to exercise or Pilates. The Flagship Course offers a library of education, weekly live movement labs, and is eligible for continued education credit.

 

 

DIY FLAGSHIP: For those who want access to the education of Flagship without the weekly live movement labs.

 

FOUNDATIONS: Access to the seven (7) of the core Flagship educational videos.

 

MEMBERSHIP: The Alumni Membership is a monthly subscription membership offering a live lecture and pre-recorded movement lab each month, along with access to the community and  on-demand digital access to hundreds of pre-recorded lectures and movement labs in an extensive video library (“Library”).

 

STUDIO PARTERNSHIPS: Contract Cody of Anatomy of Pilates directly to teach your instructors AOP’s signature anatomy and/or post-rehab classes either live, in-studio or via Zoom.

 

1:1 COACHING  AND MENTORSHIP: Designed to help you feel at ease working with your clients, these individual coaching sessions will help you feel confident in delivering results your clients are looking for.

 

For more information on the booking, payment, and policies for the Services, see Section 6. For more information on the Use Fee and access, see Section 7. For more information on Studio Partnerships, see Section 8.

 

REGISTRATION INFORMATION: The Sites and Services are not directed at children under eighteen years of age, unless explicitly marketed as such (for example, Toddler Yoga). By providing information about yourself to Anatomy of Pilates You are representing that You are eighteen years of age or older OR have a parent/guardian’s approval and supervision if You are 13-18 years old, and that You, or your parent/guardian, is 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.

 

In such event that any Service is specifically created for a child of any age, the Service will be expressly described as such, the parent/guardian must agree to these Terms and those of the Liability Waiver, and depending on the age of the participant, the parent/guardian must also be present and/or participate.

 

You also agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on our Sites and especially when creating your Account, as defined below; and (2) maintain and promptly update your Account information to keep it true, accurate, current, and complete.

 

If You provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Anatomy of Pilates reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.

4 – PURCHASING, PAYMENTS: If you elect to access any component of the Sites and/or Services for which there is a fee, You agree to pay all fees and charges associated with such Service, via your Account, as defined below, on a timely basis. You agree that You are financially willing and able to invest the cost of the Services, and that by so doing, You are not incurring any economic hardship in any way.

 

All purchases are paid in full at the time of purchase or enrollment, unless enrolled as part of a payment plan. All fees and charges (including any taxes and late fees, as applicable) will be charged to your credit card on file, as further described below. As some services require auto-billing for continued monthly access, You agree to maintain valid credit card information as part of your Account information when applicable.

TYPES OF PURCHASES: The Service may allow You to access on a subscription, auto-bill basis (the Membership) or on a pay-per-access basis (on-demand content in the Library related to certain courses or workshops, one-time events, and/or workshops). The Services may also be accessed via recurring payments as part of a payment plan. Receipts are sent to the email address on file once the charge is successful.

By making a purchase, You expressly agree that Anatomy of Pilates is authorized to charge your selected purchase on the payment method You designate. You can update this information at any time by logging into your Account, defined below.

ACCOUNT: Upon your first purchase of the Services, or first use of the Sites and/or Website, You will be prompted to create an account (the “Account”) with Anatomy of Pilates via third-party hosting platform Kajabi. Your Account is protected via password and where You will purchase and book certain Services, access certain purchased products, and securely store credit card information.

 

Note that your Membership will continue in effect unless and until You cancel it, as described below, or Anatomy of Pilates terminates it. You must cancel your Membership according to the terms of this Agreement, and prior to the next billing cycle, to avoid further billing.

 

PAYMENT PROCESSOR: Payments made on the Sites are processed by the third-party payment processor Stripe or PayPal. You may choose to a store credit card on file within your Stripe account, or link your PayPal account for: (1) incidental charges relating to your use of the Sites, (2) ease of transaction, (3) for enrollment in the Membership which does require a credit card on file to enroll, and/or 4) recurring payments for Services on a payment plan. In such event that an incidental charge needs to be made (for example, related to late-cancellation fees) the cardholder and account holder gives permission to Anatomy of Pilates to charge the card on file for purchases made through the Site. Additionally, the cardholder and account holder may give permission to Anatomy of Pilates to charge the card for auto-debit memberships.

 

PAYMENT PLANS: For those on a payment plan related to the Flagship Course, You agree to save a valid and up-to-date credit card or debit card on file in your Account. You further agree that AOP may charge, without any additional authorization required, the credit card or debit card You saved to your account for the installment payment owed, throughout the duration of the Course, and agree to the terms of conditions of Kajabi. Upon billing, You will receive an electronic receipt to the email on file indicating the same.

 

Missed Payment: If payment is not received by the date due or there is a problem with the payment transaction or method (such as a declined credit card or insufficient funds), You will be promptly notified via e-mail. Upon the payment default, You are granted a 3-day grace period to make the payment, in addition to a $50 administrative fee. If your payment has not been received following your 3-day grace period, your access and privileges associated with the Course will automatically terminate and You will no longer be granted access.

If You are paying in installments and terminate this Agreement prior to your final payment and the culmination of the Course, You are still financially responsible for the balance owed, AND may incur additional costs and fees. See your invoice for specific details about payment totals and due dates.

AUTO-DEBIT: By enrolling in an auto-debit contract via joining the Membership, You authorize Anatomy of Pilates to, on a recurring basis - on the same of the day of each month of the membership, automatically charge the debit or credit card account You specified, for the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Anatomy of Pilates will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. Anatomy of Pilates may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. Anatomy of Pilates cannot be held responsible for errors in processing due to expired or inaccurate information.

 

5 – PURCHASING: REFUNDS, CANCELLATION POLICY:

 

Refund Policy: It is Anatomy of Pilates’s intention for You to be happy with your participation and education in the Services. Due to the extensive time, effort, preparation, and care that goes into creating and/ providing the Services, all sales are final, and no refunds will be provided.

 

Unless otherwise provided by law, You acknowledge that all sales are final and Anatomy of Pilates does not offer refunds for any portion of your payment for any of the Services at any time, unless explicitly indicated otherwise at the time of purchase. By agreeing to the terms of this Agreement, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it.

 

Should You attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not and You will lose all access to ALL materials purchased from Anatomy of Pilates, including ALL previous Services which You may have previously purchased such as access to your Account and Membership content. You will remain contractually responsible for payment of Services in full.

 

ANATOMY OF PILATES MEMBERSHIP CANCELLATION: If You are enrolled in the Membership and chose to cancel, You must cancel your through your Account, prior to the next month’s billing date, which is the same calendar day as your original date of purchase. When You cancel prior to the next billing date, You still maintain access to the paid Services through the end of your billing cycle. If You do not cancel prior to your billing date You will be automatically billed, with no refund, for the subsequent month and continue to have access until your next billing date, at which point your Membership will be considered cancelled and You will not be billed further.

 

6 – 1:1 SESSIONS: BOOKING AND CANCELATION POLICIES

 

RESERVING SESSIONS: You are solely responsible for the booking and canceling of your 1:1 session. You may schedule sessions on the Sites and/or via your account. Once on the Site, You must log into your Account, and purchase a session to secure the reservation. Your reservation is not considered complete until it is paid in full at which point an email receipt confirming the same will be sent to You.

 

CANCELLATIONS, RESCHEDULING, LATE-CANCEL POLICY: All 1:1 sessions may be canceled or rescheduled up to 24-hours prior to the start time of your session. Cancellations and reschedules may be done online only via (1) your Account, or (2) the confirmation email sent at the time of booking.

 

Upon cancelling You will receive a session credit to reschedule with AOP at a later time and date. There are no refunds on cancelled sessions.

 

If the cancellation is made inside of the 24-hour window prior to Your session, it will be considered a ‘late cancel’ and the credit will be forfeited, and/or You will be charged the full amount. If You do not show up to the scheduled session, it will be considered a ‘no show’ and You will forfeit the credit.

 

Cancellations via texting, Facebook messenger, Instagram, and other social media platforms are not valid forms of cancellation, and You will be charged if the booked session or class is not properly canceled outside the cancellation window.

 

In the event of an emergency on their part, Anatomy of Pilates reserves the right to move your session/class to another mutually agreeable time, or to cancel it outright. In this rare instance that Anatomy of Pilates must do so, You will not be charged for the changed session/class, and You session will be promptly rescheduled.

 

LATE ARRIVALS: You are expected to any scheduled Service on-time, and ready to begin. Accordingly, if You arrive late to your scheduled Service, it is within the discretion of the AOP instructor whether to proceed. In the instance that AOP proceeds with the Service, your time will not be extended due to the client’s tardiness and the Service will end at the scheduled time. In the event the client is so late that it is not feasible to proceed with the Service, the tardiness will be considered a “no-show” and the Service fee will be forfeited and/or considered redeemed.

 

7 – ACCESS AND DELIVERY OF SERVICES: After making a purchase from Anatomy of Pilates, You will be able to access the corresponding materials as follows through your Account.

 

COURSES, WORKSHOPS, MEMBERSHIP: Upon confirmed registration and enrollment, You will receive access to the materials (videos, PDF workbooks, calendar invites/links) via your Account.

 

For those who purchased a Course – You will have lifetime access to the online videos as of the date of or your enrollment and participation. You will not have access to the updates to the curriculum made after your completion of the Course. Your access to the online videos will be moved off the Course platform and into a dedicated Google drive.

 

For those in the Membership – You will have access to the Library for the duration of the Membership. Your access to the Library and related Service materials will expire in conjunction with your Membership expiration/termination.

Limited License For Use of The Services: Anatomy of Pilates grants you a non-exclusive, non-transferrable, personal, non-sublicensable, limited right and license to access and use the Sites and Services, including viewing the content and accessing the materials based upon the purchase or membership selected by You or attend the event/workshop you purchased, for non-commercial purposes only.

 

8 – STUDIO PARTNERSHIPS: Studios may choose to partner directly with AOP to curate customized education for their teams. Based on the specific needs, the studio and AOP will agree as to the topic and number of lectures which AOP will provide. Studio employees will receive their own Account with the customized curriculum.

 

The deliverables and terms of each Studio Partnership is governed by the Scope of Work (“SOW”).

9 - USER INFORMATION; PASSWORD AND SECURITY: You are solely responsible for the information You input or upload to the Sites and Services and represent and warrant that You have the right and authorization to register for the Sites and Services. Anatomy of Pilates reserves the right in its sole discretion to decide whether the information You input or upload to shared and/or public forums and discussions is appropriate and complies with the terms of this Agreement, other Anatomy of Pilates policies, and applicable laws and regulations.

If You register for the Sites and Services, You will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up to date.

 

Your Privacy Rights are set forth in our Privacy Policy located on the Site.

PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, such as access to the Services and your Account, You will need a username and password. You agree to keep this information confidential and not share it with anyone else. For purposes of these Terms “sharing” also refers to live-streaming the Services with any non-members, who are receiving the benefits of the Services without payment.

 

If Anatomy of Pilates has reasonable grounds to suspect that You (1) have shared your username and password with anyone else, (2) used the materials and Services in a way contrary to what is intended and/or agreed upon; and/or (3) shared, disseminated, provided access to, forwarded, or in any other way made known to a non-purchasing user copyrighted materials such as video recordings, digital downloads, workbooks, or any other protected content, Anatomy of Pilates will automatically terminate Your account, and refuse all current or future use of the Sites,  without refund.

 

Excessive usage of the Sites will be assumed by Anatomy of Pilates to be fraudulent use, and your Account will be immediately canceled without a refund.

 

10 - HOSTING PLATFORM: Anatomy of Pilates is hosted by and integrated with the following third-party platforms, who are responsible for all login/account information and payment transactions: Kajabi, Stripe, and Zoom. In the event of technical issues with your respective accounts or logins, Anatomy of Pilates refers You to Kajabi and/or Zoom’s support. Anatomy of Pilates does not have access to your Account details. If You would like more information regarding each platforms’ Terms of Use and Privacy Policies, including how they collect and store information, Anatomy of Pilates encourages You to visit their websites, which are linked above.

 

11 - LINKS TO THIRD PARTY WEBSITES: The Sites contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of Anatomy of Pilates, and Anatomy of Pilates is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Anatomy of Pilates is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Anatomy of Pilates of the site or any association with its operators.

12 - USER CONDUT: As a condition of your use of the Sites, you warrant to Anatomy of Pilates that You will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Services may be used only for lawful purposes relating to streaming and related materials. Anatomy of Pilates specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Anatomy of Pilates.

CODE OF CONDUCT: Anatomy of Pilates is committed to providing an environment that is free from disrespectful and offensive behavior, and that is safe space for all individuals. Accordingly, harassment, inappropriate, or discriminatory behavior by clients, and/or continued disruptive or incendiary behavior, as determined in the sole discretion of Anatomy of Pilates, will not be tolerated. Anatomy of Pilates has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of a training relationship without refund to any client engaging in unacceptable behavior.

 

NO UNLAWFUL OR PROHIBITED USE: You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from Anatomy of Pilates. Similarly, You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts..

Violations of system or network security or inappropriate conduct may result in civil or criminal liability. Anatomy of Pilates will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement entities in prosecuting users who are involved in such violations.

13 - INTELLECTUAL PROPERTY: The Services are the sole and exclusive property of Anatomy of Pilates and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.

COPYRIGHTED CONSENT: Anatomy of Pilates retains all ownership and intellectual property rights to the Services content and materials provided to You through the Sites and otherwise, including all copyrights and any trademarks belonging to Anatomy of Pilates and related entities. The Services content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, without the prior written permission of Anatomy of Pilates.

 

Furthermore, by signing this Agreement You agree to the above terms and understand that Anatomy of Pilates’s materials are protected by the United States Intellectual Property laws, including the Copyright Act of 1976. You understand and agree that violating the terms of this Agreement as described above may subject You to legal action and that Anatomy of Pilates will fully pursue all remedies at law against You which it is entitled.

 

TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by Anatomy of Pilates or a use right has been granted to Anatomy of Pilates. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or because of your use of the Sites or Services. Without the prior permission of Anatomy of Pilates, except in the utilization of our widgets or mobile applications, You agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.

 

MATERIALS PROVIDED TO ANATOMY OF PILATES OR POSTED ON THE SITES: Anatomy of Pilates does not claim ownership of the materials You provide to Anatomy of Pilates (including feedback, comments, and suggestions) or post, upload, input or submit to the Sites or its associated services or contribute to group channels like Discord or Zoom chat (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission You are granting Anatomy of Pilates permission to use your Submission in connection with the operation of their business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. Anatomy of Pilates is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Anatomy of Pilates.

 

By posting, uploading, inputting, providing, or submitting your Submission You warrant and represent that You own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.

 

14 – Personal Responsibility, Disclaimer & Release of Claims

nO GUARANTEED OUTCOMES: You understand that the outcomes obtained from the Services can be subjective and vary greatly depending upon circumstances and your individual effort invested in the process. Enrollment in the Services do not guarantee that You will take any specific action and does not offer any guarantee of success. As such, You understand that Anatomy of Pilates makes no guarantee, representation, or warranty of any nature or kind that the Services will be effective or will result in any particular outcome. As such, You agree that You will not hold Anatomy of Pilates responsible, in whole or in part, for any result that You do or do not achieve.

Personal Responsibility and Assumption of Risk: You acknowledge that You take full responsibility for yourself, and all decisions made before, during and after your participation in the Services. You accept full responsibility for your choices, actions, and results before, during and after the Services, and You knowingly assume all the risks of the Services related to your use, misuse, or non-use of the Services or any of the related materials. You understand and agree that you are solely responsible for your results.

 

RELEASE OF LIABILITY, INDEMNIFICATION: You agree that Anatomy of Pilates will not be held responsible in any way for the information that You request or receive through the Services, including any information You have received from, through, or related to the Courses, nor will Anatomy of Pilates be responsible for how you use and apply the information that You request or receive through the Services. You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release Anatomy of Pilates, in its individual capacity and legal capacity, and each of Anatomy of Pilates companies’ principles, shareholders, officers, directors, employees, agents, successors, beneficiaries and assigns from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that You ever had, now have or may have against Anatomy of Pilates in the future that may arise from your participation in the Services, including all services and products to the extent permitted by applicable law.

 

Limitation of Liability, Indemnification, Release of Claims: The information, software, products, and Services included in or available through the Sites may include inaccuracies. Changes are periodically added to the information herein. Anatomy of Pilates may make improvements and/or changes in the sites at any time. Accordingly, Anatomy of Pilates makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, Services, and related graphics contained on the Sites for any purpose. To the maximum extent permitted by applicable law, all such information, software, product, Services, and related graphics are provided ‘as is’ without warranty or condition of any kind. Anatomy of Pilates disclaims all warranties and conditions regarding this information, software, products, Services, and related graphics, including all implied warranties or conditions of merchantability, of Anatomy of Pilates for a particular purpose, title, and non-infringement.

 

To the maximum extent permitted by applicable law, Anatomy of Pilates is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Sites, with the delay or inability to use the Sites or Services, the provision of or failure to provide the Services, or for any information, software, products, Services, and related graphics obtained through the sites, or otherwise arising out of use of the Sites, whether based on contact, tort, negligence, strict liability, or otherwise, even if Anatomy of Pilates has been advised of the possibility of damages. As some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with any portion of the Sites or with any of these Terms of Use, your sole and exclusive remedy is to immediately cease use of the Sites.

 

15 - TERMINATION AND ACCESS RESTRICTION: Anatomy of Pilates reserves the right, in its sole discretion, to terminate your access to the Sites, Services, or any portion thereof at any time, without notice.

 

16 – CONTENT RELEASE: You grant Anatomy of Pilates, its representatives, employees, agents and/or assigns the right to take digital recordation of You and your property while engaging with and/or interacting with Anatomy of Pilates and/or participating in a Service with Anatomy of Pilates, and to use and publish these photos or videos in print and/or electronically.

 

By agreeing to be filmed, photographed, and/or otherwise documented by Anatomy of Pilates, You, on behalf of yourself, heirs, representatives, executors, and assigns, irrevocably grant Anatomy of Pilates the absolute and unrestricted right and permission throughout the universe and forever to copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit by any and all uses such content, with or without my name, without compensation, for any lawful purpose, including but not limited to: publicity, illustration, advertising, and web content.  You further agree that Anatomy of Pilates is the lawful owner of all digital files, and accordingly, waive any right that You may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein your likeness appears, or the use of which may be applied.

 

17 – GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this Agreement is governed by the Laws of the State of Washington, United States, and You hereby consent to the exclusive jurisdiction and venue of courts in Multnomah, Oregon, United States. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of California, Santa Cruz County, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of California, Santa Cruz County.

 

Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Anatomy of Pilates because of this agreement or use of the Sites. Anatomy of Pilates performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Anatomy of Pilates right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Anatomy of Pilates with respect to such use.

 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of Anatomy of Pilates and its affiliates, successors, and/or assigns.

 

18 – MISCELLANEOUS

 

Mutual Non-Disparagement: Should You have any questions or concerns about the Services or Anatomy of Pilates, You agree now to contact Anatomy of Pilates directly in a mature and professional way rather than to publicly make any negative or critical comments about the Services or business through social media, public forums, or otherwise. The parties agree not to communicate with any other individual, company, or entity in a way that is harmful or disparaging to the other, whether actual or perceptual, or to do or say anything that is injurious to each other’s reputation, including about the Services and/or Anatomy of Pilates business, employees, contractors or agents, or other participants. In arbitration or when required by law, Parties are not prohibited from publicly sharing our thoughts and opinions

 

Notice: All correspondences or notices required regarding the Services shall be made to Anatomy of Pilates via e-mail at [email protected] and to You at the e-mail address You provided during your enrollment in the Services and/or the email address in your Account. Should your e-mail address, billing information, or contact information change at any time throughout the relationship, it is your responsibility to update the information in your Account within 3-days, preferably sooner, of any change to avoid miscommunications.

 

Force Majeure: In the event that any cause beyond one’s reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for Anatomy of Pilates to perform any responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, Anatomy of Pilates is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill the responsibilities and obligations.

 

Entire Agreement, Assignment, Survivability and Waiver: This Agreement contains the entire agreement and may be modified or amended at any time as long as the amendment is in writing and signed by the Parties. You may not assign your privileges, rights, or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If Anatomy of Pilates chooses to waive or not enforce one or more terms of this Agreement, it does not in any way limit her right to later enforce every part of this Agreement.

 

EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from Anatomy of Pilates related to the Services, the Site, the Anatomy of Pilates brand, and your participation in all of the above. By entering into this Agreement, You give Anatomy of Pilates permission to email You, at the email address on file, regarding the same.

 

CONTACT: If you have any questions or concerns about this policy or any Anatomy of Pilates Services, products, or features, please don’t hesitate to contact us at: [email protected]