TERMS OF SERVICE

STUDIO POLICIES

GRIP SOCKS

For your safety and for studio cleanliness, grip socks - with sticky nubs on the bottom - are required. If you don’t own grip socks, you can purchase them at the studio.

CANCELLATION POLICY

Group Class and Private Session reservations must be canceled online at My Account -> Reservations and clicking “Cancel” next to your reservation or in our mobile application by clicking “Cancel” in the Upcoming Reservations on the Home screen. If you cancel before the cancellation windows listed below, there will be no penalty and a class credit will be credited back to your account if you used one.

For Class Packages and Monthly Limited Memberships:

• A forfeiture of one class credit will occur if you change, cancel, or modify your reservation within 12 hours of the class time.

• A forfeiture of one class credit will occur if you do not cancel and do not show up to the class that you reserved.

For Unlimited Monthly Memberships:

• A Late Cancel Fee of $25 will occur if you change, cancel, or modify your reservation within 12 hours of the class time.

• A No Show Fee of $42 will occur if you do not cancel and do not show up to the class that you reserved.

For Private and Duet Sessions:

• A forfeiture of one session credit will occur if you change, cancel, or modify your reservation within 24 hours of the session time.

• A forfeiture of one session credit will occur if you do not cancel and do not show up to the session that you reserved.

WAITLIST POLICY

In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. You will receive an email confirmation when you have been added to class from the waitlist. If you have been added to class from the waitlist, standard cancellation policies apply.

If you add yourself to a waitlist, it is possible you will get added to a class in the late hours of the night and after the late-cancel deadline. YOU are solely responsible for managing your bookings and for canceling your classes within the bounds of the late cancel and no-show policy. If you are on the waitlist within 12 hours of class time, to avoid penalty, remove yourself from the waitlist as soon as you know you are unable to attend.

INJURY

Our instructors hold various certifications in Pilates and Fitness Instruction, however, they are not medically trained nor are they certified or licensed as medical professionals within our studio. For your safety, you are required to let your instructor know about any injuries or ailments that may affect your participation in the studio.

All instructors reserve the right to restrict or modify instruction to clients for safety reasons.

INSTRUCTOR CHANGES AND SUBSTITUTIONS

Instructors and classes are subject to change without notice. Please visit the class schedule for updates.

LOST PROPERTY

Although we do take necessary security precautions within our studio, we are not responsible for personal items that are lost or stolen or left in the studio.

SECURITY CAMERAS

For safety and security reasons, we use encrypted security cameras within our studio.

WAIVER OF LIABILITY

This Waiver of Liability, Hold Harmless Agreement, and Covenant Not to Sue (“Agreement”) constitutes a legally binding release, waiver, indemnification of liability, express assumption of risk, and covenant not to sue on behalf of the Participant.

In consideration for receiving permission to enter, partake in modern athletic Pilates and other fitness programs (“Pilates”), and use and enjoy the facilities and equipment (“Amenities”) of Evolve Modern Pilates (“Evolve”), the Participant does hereby acknowledge the following:

1. I understand Pilates involves strenuous physical exertion while operating heavy equipment which may lead to property damage, bodily injury, illness, and/or death as a result of negligent operation, overexertion, inability to perform certain exercises or maneuvers, physical or mental conditions impeding my ability to properly perform suggested exercises or maneuvers, failure to properly operate equipment, defective and/or malfunctioning equipment, and/or failure to properly follow instructions.

2. I acknowledge and fully assume the risk of property damage, bodily injury, illness, and/or death related to and arising from my use of the Amenities. I hereby waive, release, and forever discharge Evolve and its officers, directors, managers, agents and employees and their respective heirs, successors and assigns (collectively “Released Parties”) from and against any and all claims, actions, causes of action, costs and expenses, including, without limitation, reasonable attorney’s fees, which arise out of or as a result of my use of the Amenities, notwithstanding any such claims, actions, causes of action, and costs arising out of the sole negligence of Evolve (“Released Claims”). I covenant not to sue the Released Parties for or in connection with any of the Released Claims.

3. I understand that it is my responsibility to consult with a physician prior to and regarding participation in Pilates. I represent and warrant that I have no physical or mental condition that would prevent full participation in Pilates. I agree to inform my instructor immediately of any physical or mental condition that would prevent or affect my full participation in Pilates.

4. BINDING ARBITRATION: I ACKNOWLEDGE THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION UNDER THE SOUTH CAROLINA UNIFORM ARBITRATION ACT, OR ALTERNATIVELY, THE FEDERAL ARBITRATION ACT. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE RELEASED CLAIMS.

5. In consideration for participation in Pilates, receiving instruction in a group, private or semi-private lessons, or workshops and using the Amenities, I further agree to defend, indemnify, and hold harmless the Released Parties from and against any and all Released Claims.

6. If assenting on behalf of a minor, Parent/Guardian accepts full responsibility for any medical expenses incurred due to the minor’s participation in Pilates and agrees to release, hold harmless, and indemnify (including costs and attorney’s fees) Released Parties from and against any and all Released Claims brought by or on behalf of the minor.

7. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of South Carolina. This Agreement shall be binding on me and my heirs and personal representatives.

I acknowledge and represent (i) that I have read the foregoing Wavier of Liability, Hold Harmless Agreement, and Covenant Not to Sue, (ii) that I understand it and agree voluntarily as my own free act and deed, (iii) that no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made, (iv) that I am at least eighteen (18) years of age and fully competent, and (v) that I assent to this Agreement for full, adequate and complete consideration fully intending to be bound.

WEBSITE AND MOBILE APPLICATION OVERVIEW

This website and our mobile application are operated by EVOLVE MODERN PILATES LLC. Throughout the site and mobile application, the terms “we”, “us” and “our” refer to EVOLVE MODERN PILATES LLC. EVOLVE MODERN PILATES LLC offers this website and our mobile application, including all information, tools and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, using our mobile application, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site and mobile application, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website and mobile application. By accessing or using any part of the site and mobile application, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, mobile application, or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and mobile application following the posting of any changes constitutes acceptance of those changes.

Our site is hosted on Squarespace and connects to Mariana Tek and Stripe for booking and payment services. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Our Privacy Policy is available on our website and at the following link evolvemodernpilates.com/privacy-policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall EVOLVE MODERN PILATES LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless EVOLVE MODERN PILATES LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Mount Pleasant, South Carolina, United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@evolvemodernpilates.com.