Terms and Conditions

Absolute Pilates Terms & Conditions

BY VISITING ABSOLUTEPILATES.CO and ABSOLUTEPILATES.COM

YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.

OVERVIEW

The terms “we”, “us”, “our,” “Absolute Pilates or AP,” “The Studio by Absolute Pilates or The Studio by AP” and “Allison Zang and Allison Blust-Zang,” refers to Absolute Pilates, LLC. The term the “Site” refers to AbsolutePilates.co and all online class sites connected with Absolute Pilates, LLC. The term “user,” “you,” and “your,” refers to site visitors, customers, and any other users of the site. We know these aren’t glamorous names, but our lawyers don’t do glamour.

AbsolutePilates.co provides a website where users can read articles on Pilates, Barre, health and wellness, and a service where users may purchase in-person and online classes, workshops, subscriptions, and products related to Pilates, Barre, health and wellness (the “Service”).

Use of AbsolutePilates.co, including all materials presented herein, and all online services provided by Absolute Pilates, LLC is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE + SERVICE

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. If you are under 18 and reading this, I am impressed, but that said, come back when you’re 18.

Information provided on the Site and in the Service related to marketing, small business management, and other information are subject to change. Absolute Pilates makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Absolute Pilates disclaims all liability for any inaccuracy, error or incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you are required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Absolute Pilates will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. After all, why do you want to be anyone but you? Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. We don’t do illegal. Absolute Pilates reserves the right to refuse service based on your provision of inaccurate account information.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. We really don’t do illegal.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.

You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. If you don’t have anything nice to say, this probably isn’t the right site for you.

REFUSAL OF SERVICE

Absolute Pilates reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Absolute Pilates reserves the right to limit the number of participants in any given in-person or online class or workshop. Absolute Pilates may at any time change or discontinue any aspect or feature of the Site or Service.

Policies and Procedures

-Classes are reserved and paid for in advance through our online booking system. All reservations must be confirmed.
-Life can get hectic, we get it! We request that any cancellation be made at least six hours prior to class and 24 hours prior to a private training session (the “cancellation window”) to ensure that the class/session goes back onto your account for use at a later date. If you do not cancel before the cancellation window closes, you will be considered a late cancel and you will lose your class or incur a fee.
-Teachers are subject to change and classes are subject to cancellation without notice. When possible, an email or text message will be sent in the event that there is a change in the schedule. Subject to any opt-out you elect, you consent to receiving notices from us pertaining to class.
-In the event a class is full, try the waitlist – it works! When a spot becomes available before the cancellation window closes, an email confirmation will be sent to let you know. Don’t forget, it is your responsibility to cancel your reservation if you can no longer make it to avoid cancellation penalties. Outside of the cancellation window, keep an eye on the schedule. We will not be able to automatically add you to the class, so grab that spot!
-Safety is crucial, and therefore our trained teachers will provide corrective touches during classes to ensure that clients are safe and maintain correct form.This practice has been suspended during the period following COVID-19 in 2020 see COVID-19 Updates page for status.
-While we love our community’s young and furry ones, unattended children and pets are not permitted in the studio.
-Cleanliness is cool – clients are responsible for wiping down their machine after class. This practice has been updated during the period following COVID-19 in 2020 see COVID-19 Updates page for status.

-Subject to certain restrictions, all sales are final. Classes are not eligible for transfer or exchange, and cannot be shared amongst clients.
-A valid debit or credit card must be on file for all active accounts.
-To update your card on file to a debit card, please email your local studio manager. Absolute Pilates is not responsible for any bank overdraft fees that may occur.

-In order to enhance our clients’ safety and experience, we may take video surveillance in studio.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Please, please do this. We really do like you!

If you’ve signed up for a month-to-month subscription with us, the subscription renews automatically and your credit card will be charged the fees stated at the time of purchase (or the introductory rate during the introductory period). Price may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.

If you have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop.

CANCELLATIONS, REFUNDS & RETURNS

If you wish to cancel your purchase of Absolute Pilates classes, and sessions you may cancel by emailing, delivering or mailing by certified mail, return receipt requested, written notice to the following address: Absolute Pilates 132 Walden Way, Mechanicsburg PA 17050. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after your purchase. No refunds after three business days you may use studio credit for other services only. All packages and memberships expire after a year of nonuse. 

In the event of the relocation of your residence to farther than 25 miles from any Absolute Pilates studio in Pennsylvania, and upon the failure of Absolute Pilates to designate a center, with comparable facilities and services within 25 miles of your new residence, you may cancel your purchase of Absolute Pilates sessions or classes and shall only be liable for any used sessions or classes you have purchased.

You (or your estate) may cancel your purchase of Absolute Pilates sessions or classes if you die or extend your membership if you become physically unable to avail yourself of a substantial portion of those services which you used until the time of disability.

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions because we might not have drank enough coffee the day we published something. We reserve the right to refuse or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary rights without the express written permission of the owner of the copyright, trademark, or other proprietary rights. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Absolute Pilates from any claim against Absolute Pilates resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

Absolute Pilates reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.

EARNINGS DISCLAIMER

When addressing financial matters in any of our websites, videos, newsletters, programs, or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Sites is a promise or guarantee to you of future earnings.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE Absolute Pilates’s PRODUCT IS AT YOUR SOLE RISK.

By purchasing any product produced by Absolute Pilates, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees, verbally or in writing, regarding your earnings, business profit, marketing performance, audience growth, or results of any kind. You alone are responsible for your actions and results in life, and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us, and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

Absolute Pilates does not claim ownership of Material you supply to Absolute Pilates. However, the act of posting Material to the site conveys an irrevocable, worldwide license to Absolute Pilates to use and distribute the posted Material in connection with Absolute Pilates’s website and any related Absolute Pilates publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to Absolute Pilates, you agree to hold Absolute Pilates harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

OUR INTELLECTUAL PROPERTY

All content provided on the Site and in the Service, including all products, and all online class and workshop materials, are the intellectual property of Absolute Pilates. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, or perform, or in any way exploit, in any format whatsoever, any of the content of the Site or the Service, in whole or in part, without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.

We reserve the right to immediately remove you from the Service, without refund, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy. In other words, don’t steal.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Absolute Pilates is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, online or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose, and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.

The foregoing applies even if Absolute Pilates has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Absolute Pilates’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Absolute Pilates, and if no purchase has been made by you Absolute Pilates’s cumulative liability to you shall not exceed $1.

THIRD-PARTY RESOURCES

The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Absolute Pilates. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and sub-paragraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

WAIVER

No waiver of any of the provisions of this Agreement by Absolute Pilates shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Absolute Pilates.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Absolute Pilates, 143 Walden Way, Mechanicsburg PA 17050.

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Pennsylvania as applied to contracts that are executed and performed entirely in Pennsylvania. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise, transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.