TERMS AND CONDITIONS
ARC PILATES AND MOVEMENT TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern your relationship with Arc Pilates and Movement, LLC (“Arc”, “Company”, “we”, “us”, or “our”), including, but not limited to, your use of the Arc Website https://arcpilatesandmovement.com/ (the “Site”), your purchase of Arc in person or virtual classes (“Class” or collectively “Classes”), Class packages, and on-demand video services (“On-Demand Package”), your rights to cancel your purchase of Arc Classes or On-Demand Packages, your registration for Classes, your communication with Arc, and your use of and attendance at the Arc studio.
Modification of Terms. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Class Bookings; Payment; and Cancelations
a. In order to make a reservation (“Reservation”), you must first buy a single Class or a series of Classes. To buy an individual Class, series of Classes, or On-Demand Package, you can either sign up here https://www.schedulicity.com/scheduling/APAUU7/services by using your e-mail and creating a password, or if you are already registered, click login to buy a Class, a series of Classes, or an On-Demand Package and make your Reservation. Your credit/debit card will be charged for your order when you buy your Class or series of Classes, not when you make your Reservation.
b. If you Purchase the On-Demand subscription, you will automatically be charged the monthly fee posed on the Site on the first of the month. To cancel your On-Demand subscription, you must notify Arc by emailing [email protected] by the fifteenth in order not to be charged for the subsequent month.
c. Future prices are subject to change, but Arc will honor your Class or series of Classes until the expiration date, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made in the Arc studio. You can reserve classes online up to 165 days in advance, but not later than 24 hours prior to Class time.
d. In order to cancel a Reservation and return the Class to your account, you must unreserve your spot in the Class twenty-four hours prior to the Class. Once your Reservation is canceled, the Class will be returned to your account to be used at a future date. If you do not cancel your Reservation within twenty-four hours before the scheduled Class: (i) that Class will be charged to your series of Classes; or (ii) if your account does not have any Classes remaining, Arc may charge the card on file the full session cost for the late cancellation.
e. CLASSES EXPIRE FIVE YEARS AFTER THE DATE OF PURCHASE.
4. Intellectual Property Rights
Arc’s proprietary content, including videos, designs, text, graphics, pictures, information, data, software (and the selection and arrangement thereof), logos, and code (collectively, the “Site Materials”) are all property of Company and are protected by intellectual property laws, and except as permitted under these Terms, Company expressly reserves all right, title, and interest in and to the content and services of the Site and Site Materials, aggregate data, and reports, and all processing, analytics, and other software and technology used by Company in the provision of the Site, including, without limitation, any derivatives, improvements, enhancements, or extensions thereof conceived, reduced to practice, or otherwise developed by or on behalf of Company, all of which are valuable assets of Company, and any copyright, patent, trademark, or any other intellectual property right, or federal or state right, pertaining thereto. UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING, OR DUPLICATING OR ANY OTHER MISUSE OF THE SITE OR SITE MATERIALS BY YOU IS PROHIBITED.
5. User Obligations.
Your use of this Site is subject to these Terms and all applicable local, state, and national law, rules, and regulations. Your access to or use of the Site grants you no right or license to reproduce, or otherwise use any Company or third-party trademarks except as expressly set forth herein. All goodwill generated from use of Company’s marks will inure to our exclusive benefit. Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Company. Absent breach by you of any of these Terms, and unless otherwise expressly permitted by Company, you are granted a limited, personal, non-transferable, non-sublicensable, revocable license to access our Site and, in connection with your purchase of an On-Demand Package or online Classes to view on demand or live Arc videos and Site Materials. However, in no case whatsoever shall you:
-sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of Arc Site Materials in any way for any public or commercial purpose. You are not authorized to: (i) resell or make commercial use of this Site or its contents; (ii) collect or use any Class listings, descriptions, photographs or prices displayed on this Site in connection with the sale of any Arc products/ services or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Site.
-use any data mining or similar data-gathering or extraction methods to access, monitor, or copy any Site Materials or other content or information used by the Site;
-use any illustrations, photographs, video or audio sequences, or any graphics without express authorization from Company;
-reverse engineer or alter the Site or the Site Materials or breach or circumvent any security or authentication measures;
-“frame,” “mirror,” or otherwise incorporate any part of the Site into any other website, unless expressly authorized in writing by Company;
-link to the Site from any website that is unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Company’s sole discretion;
-attempt to bypass methods Company may use to prevent or restrict access to the Site;
-delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site;
-and use the Site or the Site Materials other than for their intended purpose and as expressly permitted by these Terms.
We may limit and/or terminate access to the Site for any users who infringe upon any intellectual property or violate these Terms.
6.Links to Third Party Sites.
We may provide links from the Site to third-party websites (“Third-Party Sites”), including, but not limited to, links owned by third parties who manage the Class Reservations for the Company (i.e., Schedulicity). If you use these links, you will leave the Site. The Company provides these links to you as a convenience, and we do not verify, make any representations, or take responsibility for the Third-Party Sites, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, or other activities conducted on or through the Third-Party Sites. Therefore, unless specifically stated on the Site, we do not endorse or make any representations about Third-Party Sites or any information, material, or results that may be obtained through the use of Third-Party Sites. In addition, certain areas of the Site may allow you to interact or conduct transactions with Third-Party Sites. If so, you may be able to configure the privacy settings of your account on a Third-Party Site to permit your activities to be shared with your contacts on that Third-Party Site. If you decide to access any of the Third-Party Sites linked on the Site, you do this entirely at your own risk, and you must follow the privacy policies and the terms and conditions for those Third-Party Sites.
Waiver and Release.
a.The Classes and all Site Materials posted on or accessible through the Site are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. We do not recommend or endorse any specific products, procedure, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Arc, our affiliated companies, or other users of the Site is solely at your own risk. You should consult your physician or other health care practitioner before starting any exercise program. This is particularly true if you or your family have a history of high blood pressure or heart disease, or if you have ever experienced discomfort while exercising. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
b.Use of the Site, On-Demand Package, or Classes are subject to these Terms. By signing up for and/or attending Classes, using the On-Demand Package, or attending events, activities, and other programs and using the studio, facilities and equipment of Arc, you hereby acknowledge on behalf of yourself, your heirs, personal representatives, and/or assigns, that there are certain inherent risks and dangers in platies and use of exercise equipment in association with the Classes, On-Demand Package, and use of the studio. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from: (i) minor injuries such as scratches, bruises, and sprains; (ii) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, rhabdomyolysis, and concussions; and (iii) catastrophic injuries including paralysis and death.
c.At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Arc staff, you would be at physical risk using Arc's studio or attending Classes, you understand and agree that you may be denied access to the Classes and the studio until you furnish Arc with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Arc's concerns.
d. In consideration of being allowed to participate in and access the Site and Classes, you hereby: (i) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes, use of the Site, and use of the studio, whether sustained while using exercise equipment or not, (ii) release, indemnify, and hold harmless Arc in accordance with Section 9, and (iii) represent that you: (a) have no medical or physical condition that would prevent you from properly using any of Arc's Classes and studio, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Arc's Classes and studio, and should not be participating in any Classes.
8. Disclaimer of Warranties
a.Limitation of Liabilities. In no event will Arc be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Site, any other linked/third-party website, your purchase of Arc Classes or On-Demand Package, your rights to cancel your purchase of Arc Classes, your registration for Classes, your communication with Arc, and your use of and attendance at Arc's studio, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Arc expressly advised of the possibility of such damage.
b. All Site Material, information, goods, services, products, and experiences are provided by Arc on an “as is” basis only. The entire risk as to the quality and performance of the Site Materials, goods, services, products, and experiences remains with you and should they prove defective after purchase, you assume the entire cost of such defect. Arc provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
You agree, at your sole expense, to defend, indemnify, and hold us, our independent contractors, service providers, and consultants, and their respective directors, employees, and agents, harmless from and against any and all actual or threatened suits, actions, legal proceedings, judgments, and any other legal claims, damage awards, or other compulsory payment or performance of any kind arising out of, resulting from, attributable to or in any way incidental to: (a) participation in the Classes, use of the Site, or use of the studio; (b) your access to or use of the Site and/or the Site Materials; (c) your conduct; (d) your violation of these Terms; or (e) your violation of the rights of any third party. Company is not liable for any loss or damage that results from your failure to comply with your obligations in these Terms.
a. Assignment. Nothing in these Terms, express or implied, is intended to or shall confer upon any third party person. You will not assign or transfer any of your rights hereto without our prior written consent. We may assign our rights or obligations to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control, or operation of law, or to any third party we choose without your consent.
b. Governing Law; Venue. This Agreement will be governed by the laws of the State of Colorado, without regard to conflicts of laws principles. Any dispute arising hereunder that the parties are unable to resolve by mutual agreement shall be brought in a court of competent jurisdiction in the city and county of Denver, Colorado and both parties agree to the jurisdiction of such courts
c. Arbitration. At Company's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.
d. Class Action Waiver. You agree that the arbitration of any dispute shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Arc or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Arc. Both parties hereto agree that the arbitrator of any dispute between us may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action). If this class action waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
e. Waiver and Severability. No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
f. Entire Agreement. The Terms constitute the sole and entire agreement between you and Company regarding the Site and purchase of Classes or an On-Demand Package and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the same.
Contact Us. If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at [email protected], Telephone: 206-999-1601.