Terms and Conditions of Service

Just Pilates STL, LLC (we, us and our), has developed and makes available Pilates and related programs to clients (our Services).

These Terms and Conditions of Service (Terms), as may be amended by Just Pilates STL, LLC from time to time, apply to supply of the Services and to each client’s use of those services wherever You, our client lives.

Information We Collect

1. Just Pilates STL, LLC complies with the consumer laws relevant to your business [your local industry or government code e.g. Fair Trade Act] (the “Code”). Just Pilates STL, LLC observes the operation of these laws and your rights under them. The services are offered to you further to these laws.

2. Just Pilates STL, LLC reserves the right to change hours of operation, services offered and all fees and charges, at any time, at its sole discretion and without prior notice to you. Any such changes will be notified to you through either a newsletter published from time to time, the website, notices in the studio and/or mailing / emailing to your last known address.

3. You are bound by and have to uphold the “Rules and Regulations” which set expectations about your behavior and conduct. You have been provided with a copy of the current Rules and Regulations. The Rules and Regulations may be changed or updated by Just Pilates STL, LLC at any time at its sole discretion and without prior notice.

4. It is your responsibility to ensure that you correctly operate any studio facilities or equipment. If you are in doubt as to how to correctly operate or use any studio facilities or equipment, you must consult a Just Pilates STL, LLC staff member for assistance.

5. No one has made any representations (whether verbal or written) to induce you to enter this Agreement and that no verbal agreements or understandings have been made with Just Pilates STL, LLC. All terms in relation to the provision of services are set out in this Agreement.

6. You must inform Just Pilates STL, LLC of any change in your contact details, bank accounts or credit card details for payment, or any other information relevant to your use of the services.

7. Entry to Just Pilates STL, LLC: A valid credit must be presented at reception prior to entry into the studio. Entry will not be permitted without a valid credit.

8. You will receive opt-out marketing correspondence via electronic transmission on a regular basis which may include (but is not limited to) newsletters and promotional material. You may unsubscribe at any time.

9. The Rules and Regulations, and the interpretation thereof, are at the sole discretion of management. You should ensure that you are familiar with the current Rules & Regulations and Terms and Conditions which can be found online at [your website URL or link to Terms and Conditions Google Doc].

10. Except to the extent that consumer laws provide you with more generous cooling off terms, where you have entered into an Agreement for a Minimum Term, there is a three (3) Day Cooling-Off Period that begins on the (Join) date the agreement is signed, during which time you may terminate your agreement by delivering written notice to Just Pilates STL, LLC. The following charges will apply:

(a) The cost of services provided by Just Pilates STL, LLC to you during this Cooling Off Period, and;

(b) An Administration Fee of [insert admin fee amount].

MINIMUM AGE

11. Use of Just Pilates STL, LLC is limited to persons who are at least 13 years of age.

12. Clients less than 16 years of age must be supervised by an adult when using the studio facilities. If you are under 16 years of age, your parent or guardian must complete your pre-exercise screening form.

Cancellation of your Direct Debit

13. Your direct debit agreement may be canceled by Just Pilates STL, LLC if you do not adhere to the Rules and Regulations, your behavior in Just Pilates STL, LLC is deemed unacceptable, or for any other reason that the management of Just Pilates STL, LLC decides is applicable. Just Pilates STL, LLC reserves the right to refuse future services to you in these circumstances.

20. You may cancel your direct debit agreement at any time by giving 4 weeks written notice by email to Just Pilates STL, LLC. Address your email to justpilatesstl@gmail.com. Your cancellation notice must include the following information:

• Your full name as it appears on the direct debit agreement

• The date you wish your cancellation to take effect. This must be at least 2 weeks after the date you send the email.

Sickness or Incapacity

14. If you become unable to use the studio facilities by reason of medical/physical incapacity you will need to provide Just Pilates STL, LLC with a medical certificate from a qualified medical practitioner clearly stating that you are unable to exercise. Any cancellation will include the following charges:

(a) The cost of services already provided by Just Pilates STL, LLC, and;

(b) An Administration Fee of $25.

Personal Training and Therapist

15. From time to time, Just Pilates STL, LLC may make available within the studio premises service providers that are separate and distinct entities from the Just Pilates STL, LLC (and whom are not in partnership or agents or in any way related to the Just Pilates STL, LLC (Third Party Providers) Third Party Providers may offer services such as personal training, nutrition consultation and/or massage. Any claim you may have as a result of an act or failure to act by such a licensee (whether or not payment has been made to the licensee) will be brought against and will be the responsibility of that licensee.

You engage Third Party Providers at your own risk and hereby release, indemnify and keep indemnified Just Pilates STL, LLC, its representatives, employees, agents, or other members of the studio’s personnel, from any claim by you as a result of an act or omission by the Third Party Provider.

You must notify Just Pilates STL, LLC immediately if you have a claim against a licensee. Just Pilates STL, LLC will always assist, where possible, to resolve any conflict or issues with licensees.

Bookings and Appointments

17. If you are unable to attend a scheduled session booking or appointment, fees may apply.

i. Private Pilates sessions – you will be charged the full fee for the session if you cancel less than 24 hours in advance of the scheduled session start time.

ii. Pilates Semi-Private Sessions – Sessions are not able to be canceled or rescheduled. If you are unable to attend your scheduled session you will not receive a refund or credit.

Physical Condition

18. You are required to complete a pre-exercise screening form. You must notify Just Pilates STL, LLC of any change in your health and fitness (including pregnancy) so that your training regime can be appropriately modified.

19. Any advice and/or recommendation by a Just Pilates STL, LLC Pilates Instructor / Employee is not intended to constitute medical diagnosis or treatment, nor should it be relied on as a suggested course of medical treatment for a particular condition. If you are in doubt, you should obtain medical advice prior to commencing any exercise program.

20. You must not use any Just Pilates STL, LLC facilities whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts, sores, or minor infections where there is a risk (however small) to other you and guests.

We understand that plans can change. To keep things fair for all members and instructors, the following cancellation policy applies:

Assumption of Risk

1. You are aware that the use of the premises and its facilities and your

participation in Pilates sessions conducted by Just Pilates STL, LLC may involve strenuous activity and special risks.

2. You warrant that you are physically able to participate in any sessions or fitness programs, or use any studio facilities in which you have chosen to participate and have not been advised otherwise by your medical practitioner. You further warrant that you have no pre-existing medical condition that would otherwise prevent you from using the studio facilities and/or participating in any sessions or fitness programs.

You understand that you will be engaging in activities that may involve risk of personal injury or illness and which may also involve the risk of economic/property loss and damage. You also understand that there may be risks involved that are not known to you or to Just Pilates STL, LLC or may not be foreseen or reasonably foreseeable at this time or at the time of using the studio facilities or participating in the sessions/fitness program. You assume the foregoing risks including risk of any negligence by Just Pilates STL, LLC and its respective owners, directors, officers, employees or agents, and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of studio facilities or participation in classes/fitness programs by you, or any minor/person under your supervision, care or control.

Limitation of Liability

3. You hereby release and forever discharge Just Pilates STL, LLC from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses howsoever arising that you may have incurred arising from or in connection with your use of Just Pilates STL, LLC facilities and equipment, or from being on studio premises to the fullest extent permitted by law and whether caused or contributed to (directly or indirectly) by any act of negligence, breach of duty or default/omission on the part of Just Pilates STL, LLC and its respective owners, directors, officers, employees or agents.

4. You agree that Just Pilates STL, LLC will not be liable for any loss, damage or theft of any of your (or your guest’s or children’s) property except where caused by the gross negligence of Just Pilates STL, LLC. Further, Just Pilates STL, LLC will not be liable for any death, personal injury or illness occurring on studio premises or as a result of use of facilities or equipment, except to the extent that it arises from the gross negligence of Just Pilates STL, LLC and its respective owners, directors, officers, employees or agents.

Payment Terms

5. A monthly Direct Debit may be paid by a nominated bank account or credit card. Payments made by credit card will attract a credit card processing fee.

6. Should you fail to inform the Just Pilates STL, LLC of changes to your payment details or your payment details are declined when Just Pilates STL, LLC processes a payment, you assume responsibility for fees incurred by the Just Pilates STL, LLC seeking payment to which they are contractually entitled. This fee is currently $25 per decline. You also assume all debt recovery costs incurred by the Just Pilates STL, LLC in the event of non payment for services.

7. Should any payments, fees or other debts remain due but unpaid from any source, Just Pilates STL, LLC may suspend your use of the studio services until all fees and other debts are paid in full. If payment is not received your use of the studio services and facilities may be canceled.

Just Pilates STL, LLC engages the services of a Debt Collection agency to manage client accounts with an outstanding debt and reserves the right to invoke a reasonable Administration Fee on overdue accounts.

8. All fees and charges are subject to Clause 2 of this Agreement. Just Pilates STL, LLC may amend the fees at any time but endeavor to provide reasonable notice to you in the event of changes.

29. SPECIFIC ACKNOWLEDGMENTS (All clients undertaking monthly direct debit payments must acknowledge and agree to the following.)

i. Your credit card is debited every 28 days. Your bank reference will show as Just Pilates STL, LLC.

ii. Your direct debit will continue until you cancel your by providing Just Pilates STL, LLC with four (4) weeks written notice. Your direct debit will then be canceled after one (1) further 28-day debit cycle.

iii. Whenever a payment is declined or returned unpaid, the outstanding amount, together with an Administration Fee of $25 will be charged to you.

iv. Payments will continue to be debited until the direct debit is canceled by you in writing. You will be notified of the date the debits will cease when the cancellation request is received and approved by Just Pilates STL, LLC.

v. By signing a direct debit agreement you also agree to Paragon Payment Solutions Service Agreement terms and conditions.