CA Sculpt Pilates Terms of Use
Updated October 24, 2024
Thank you for using this service, which is owned and operated by CA Sculpt Pilates LLC ("CA Sculpt Pilates", “we”, “us” and “our”).
By visiting our site and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these terms carefully, and keep a copy of them for your reference.
CA Sculpt Pilates offers Pilates classes, instruction, and other services, events and activities conducted or organized by or through CA Sculpt Pilates (collectively, with all related activities, the “Activities”). The purpose of CA Sculpt Pilates website is to promote CA Sculpt Pilates by showcasing the studio’s Activities. The site aims to provide users with a convenient way to learn about our Pilates programs, book classes, and access important information like pricing and policies. It also serves to engage current clients and attract new ones by offering information on health benefits, Pilates techniques, and overall fitness goals. Additionally, the website allows for online account management, making it easier for clients to sign up, cancel classes, and manage memberships.
These Terms of Use govern your use of www.ca-sculptpilates.com and other websites that are owned or controlled by CA Sculpt Pilates LLC and on which we post a link to these Terms of Use (“Website”, “Site”), the CA Sculpt Pilates mobile application, available on iOS and Android platforms (“App”), and our text messaging program (“Text Program”), and participation in the Activities. The Website, the App, the Text Program, and the Activities are collectively referred to as the “Services.”
Any new features or tools which are added to the current website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use 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 following the posting of any changes constitutes acceptance of those changes.
Privacy
Your use of https://www.ca-sculptpilates.com/ is subject to CA Sculpt Pilates's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Privacy Policy can be viewed here: https://www.ca-sculptpilates.com/privacy-policy
Electronic Communications
Visiting https://www.ca-sculptpilates.com/ or sending emails to CA Sculpt Pilates constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
User Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CA Sculpt Pilates is not responsible for third party access to your account that results from theft or misappropriation of your account. CA Sculpt Pilates and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
CA Sculpt Pilates does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.ca-sculptpilates.com/ only with permission of a parent or guardian.
Cancellation Policy
Members must cancel booked classes at least 12 hours before the class time. Duet classes require 24 hours’ notice. Failure to cancel within these windows will result in the full charge of the class or forfeiture of class credits.
Membership cancellation must be provided in a written notice via email to info@ca-sculptpilates.com with at least 30 days’ notice prior to the desired cancellation date. The cancellation notice must include the member’s full name and membership details (class pass or monthly membership). Memberships will remain active, and charges will continue until the 30-day notice period has passed. Any scheduled payments during this period will still be processed. Please note that refunds for unused classes or sessions during this period are not provided.
Styku Scan Cancellation: If you cancel within 2 hours of your scheduled appointment, a late cancellation fee of $25 will apply.
Studio’s Right to Terminate: CA Sculpt Pilates reserves the right to terminate a Member’s account for violation of this Agreement or any inappropriate behavior that affects the studio’s environment.
Modification of Services and Prices
Prices for Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Services 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 Services.
Links to Third Party Sites/Third Party Services
https://www.ca-sculptpilates.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CA Sculpt Pilates and CA Sculpt 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. CA Sculpt Pilates is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CA Sculpt Pilates of the site or any association with its operators.
Certain services made available via https://www.ca-sculptpilates.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.ca-sculptpilates.com/ domain, you hereby acknowledge and consent that CA Sculpt Pilates may share such information and data with any third party with whom CA Sculpt Pilates has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.ca-sculptpilates.com/ users and customers. 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.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.ca-sculptpilates.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to CA Sculpt Pilates that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CA Sculpt Pilates or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CA Sculpt Pilates content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CA Sculpt Pilates and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CA Sculpt Pilates or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your CA Sculpt Pilates account to third party accounts. By connecting your CA Sculpt Pilates account to the third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to the third party in accordance with the privacy settings on those third party sites.
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 Services. 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 Services 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 Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated
International Users
The Service is controlled, operated and administered by CA Sculpt Pilates from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CA Sculpt Pilates Content accessed through https://www.ca-sculptpilates.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless CA Sculpt Pilates, its officers, directors, employees, contractors, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CA Sculpt Pilates reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CA Sculpt Pilates in asserting any available defenses.
Severability
In the event that any provision of these Terms of Use 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 Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, in accordance with their commercial arbitration rules, in a location mutually agreed upon by the parties within the state of California. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and CA Sculpt Pilates agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CA SCULPT PILATES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CA SCULPT PILATES LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CA SCULPT PILATES LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CA SCULPT PILATES LLC AND/OR ITS SUPPLIERS BE 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CA SCULPT PILATES LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
CA Sculpt Pilates reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CA Sculpt Pilates as a result of this agreement or use of the Site. CA Sculpt Pilates's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CA Sculpt Pilates's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CA Sculpt 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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CA Sculpt Pilates with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CA Sculpt Pilates with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
CA Sculpt Pilates reserves the right, in its sole discretion, to change the Terms under which https://www.ca-sculptpilates.com/ is offered. The most current version of the Terms will supersede all previous versions. CA Sculpt Pilates encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
If you have any questions regarding the Terms of use, please contact us: info@ca-sculptpilates.com