Why You’re Reading This Document
The following Studio Agreement (the “Agreement”) will clearly communicate our expectations in having you as part of our community. If you have any questions please let us know as we want to make sure we are all on the same page moving forward.
In exchange for membership access to Root & Limb Pilates online classes, you agree to be bound by the following conditions.
- Parties. This Agreement is made between Root & Limb, LLC, a Limited Liability Company operating out of the State of California (“Root & Limb Pilates”, “we”, “our”, and “us”) and you, the undersigned (electronically) or person who has clicked “I Agree” to this Agreement (“you” and “your”).
- Services. We promise to provide you with access to our online classes and workouts at Root & Limb Pilates (the “Membership”) according to the terms outlined in Schedule “A” below.
- Term + Termination. This Agreement will be binding upon your Membership payment and will last for the time specified online or between us (the “Term”). You can decide to renew the Term of this Agreement as many times as you would like.
- Please note that if you violate any of the terms of this Agreement, Root & Limb Pilates may terminate this Agreement effective immediately and you will not be entitled to any refunds or any continued working relationship with Root & Limb Pilates.
- Our Commitment to You. Through your Membership, Root & Limb Pilates is committed to providing you with the opportunity and support to continue your practice whenever, wherever by offering detailed, challenging and supportive online workouts either in person, pre-recorded or via live streaming.
- Scheduling. Please refer to Root & Limb Pilates’s available schedule of classes to see the exact scheduling and time of our classes.
- Payment. You agree to pay the price, including the possibility of recurring payments, of the Membership as outlined below in Schedule “A” (the “Payment”). Payment is due upon completed purchase of the Membership and must be made in full prior to the start of your Membership. For group/organizational memberships payment may be made by the employer or group organizer as applicable.
- Recurring Payments. If your method of Payment includes recurring payments, you authorize Root & Limb Pilates to maintain your account information and charge that account automatically upon the renewal of the Membership with no further action required by you.
- Root & Limb Pilates will charge your method of payment monthly for the Payment.
- Membership Suspension. Details regarding the availability of a suspension of your Membership are as follows: you may suspend your Membership at any time.
- Cancellation. To cancel your Membership, you may cancel at any time.
- Refunds. Our refund policy is as follows: All sales are final. There will be no refunds.
- Legal Fees. The cost of any legal fees regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment), you will be responsible for any and all legal fees incurred by Root & Limb Pilates.
- Payment Failure. In the event that your Payment fails, your Membership access will be temporarily suspended until we receive your Payment. In the event of three failed payments, you understand that Root & Limb Pilates may contract a collection agency to collect the money from you.
- No Guarantees. Root & Limb Pilates cannot guarantee any particular success from participating in our classes or from our Membership. We promise to provide you with the opportunity, classes and support to achieve your fitness goals, but any success and results will vary significantly from person to person and are not guaranteed verbally or in writing. Any statements related to the Membership or outlined on Root & Limb Pilates’ websites, programs, content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance or results.
- Code of Conduct. You agree to be mindful and respectful during the classes and duration of your Membership. This includes respecting other members of Root & Limb Pilates in their fitness journey.
- Studio Closure. If our studio and facilities are forced to close due to the current COVID-19 situation, a natural disaster, or other unavoidable circumstance, the Membership continues with online content.
- Technology Malfunctions. If the Membership becomes inaccessible or unusable due to a technology malfunction, you understand that this is beyond Root & Limb’s control and that we will do everything possible to get our online classes and Membership up and running again as soon as possible. There will be no refunds for technological malfunctions.
- Force Majeure. Root & Limb Pilates will not be liable for any failure or delay regarding the Membership if such failure or delay is: beyond the reasonable control of Root & Limb Pilates, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.
- Waiver. Before your Membership can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.
- Ownership of Intellectual Property. All materials provided in connection with this Agreement, including without limitation, pre-recorded videos, written or printed documents, photographs, audio and video recordings and software programs, and all copies and derivative works relating thereto (the “Membership Materials”), are and will remain the sole and exclusive property of Root & Limb Pilates. You have a limited, non-exclusive right to use the Membership Materials during the Membership. An example of something you are not allowed to do with the Membership Materials would be to create a photocopy or reproduce the Membership Materials and give it to a friend or sell it to someone. Another example would be to use the Membership Materials to create your own online membership program, or to provide them to someone else who intends to do so.
- COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in any of the Membership activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health and ability to partake in the Membership activities, please consult with your doctor and we urge you not to visit our studios or facilities. We are all in this together and it is important that we follow guidelines on social distancing, hygiene practices, and act with kindness and responsibility towards each other in order to ensure everyone’s safety.
- General Indemnity. You hereby fully indemnify Root & Limb Pilates and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Indemnified Parties”) and save harmless the Indemnified Parties from any losses, claims, damages, actions, causes of action, costs and expenses that an Indemnified Party may sustain, incur or suffer at any time, which are based upon, arise out of or occur, directly or indirectly, by reason of any act or omission by you arising out of the performance of the Membership, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of Root & Limb Pilates’s negligence, provided that where Root & Limb Pilates has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.
Standard Legal Things. Jurisdiction. This Agreement will be governed exclusively by the laws of the State of California. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by me of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
Thank you for taking the time to read this. Let’s begin!
SCHEDULE “A” MEMBERSHIPS
Root & Limb Pilates Evergreen Membership
|1-Month Cost||Personal Membership: $USD 45 for 1 month|
Renews monthly, automatically
Group/Organizational Membership: $USD amount based on number of group members. Renews monthly, automatically
|Details||Unlimited access to an online class library, 2 new exclusive workouts per month, weekly livestream class with recording, monthly newsletter and access to virtual movement consults for an extra charge.|