Terms and Conditions

Terms and Conditions

Agreement between User and www.nicepilates.studio

Welcome to www.nicepilates.studio. The www.nicepilates.studio website (the "Site") is comprised of various web pages operated by NICE PIlates LLC ("NICE Pilates"). www.nicepilates.studio is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.nicepilates.studio constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. 

www.nicepilates.studio is an E-Commerce Site. 

NICE Pilates sells online and in-person Pilates instruction and the goods that a Pilates practitioner might enjoy purchasing to enhance their session, their home studio or their environments. 

Privacy

Your use of www.nicepilates.studio is subject to NICE Pilates's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. 

Electronic Communications

Visiting www.nicepilates.studio or sending emails to NICE 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 Site, satisfy any legal requirement that such communications be in writing. 

Your 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 NICE Pilates is not responsible for third party access to your account that results from theft or misappropriation of your account. NICE 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

NICE 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 www.nicepilates.studio only with permission of a parent or guardian. 

Liability Release

This Waiver and Release is between the undersigned and NICE Pilates LLC, Cassandra Palo (and employees).  I understand that Pilates training, Pilates-based training, weight training, aerobic exercise and other forms of physical activity may expose participants to risk of personal injury or even death. By signing up for and participating in training and exercise sessions with NICE Pilates LLC, I agree that I am voluntarily participating in these activities with full knowledge of the risks and assume all risks of illness, injury or death. 

I acknowledge that I have carefully read this Waiver and Release and fully understand that it is a release of liability. I expressly agree to release and discharge Cassandra Palo, NICE Pilates LLC and it's employees from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I may otherwise have to bring legal action against Cassandra Palo, NICE Pilates LLC and it's employees for personal injury, illness or death. I further agree that I, my heirs, legal representatives and assigns, will not make a legal claim or initiate a suit against Cassandra Palo, NICE Pilates LLC and it's employees regarding any injury or damage resulting from my participation in fitness instruction. I agree to indemnify and hold harmless Cassandra Palo, NICE Pilates LLC and it's employees from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including reasonable attorney's fees, from any injury I incur as a result of participation in Pilates or Pilates-based exercise programs taught by Cassandra Palo or her employees.  

If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. 

By acknowledging this Waiver and Release, I acknowledge that I do so voluntarily as my own free act and deed; I am at least eighteen (18) years of age and fully competent; and I execute this Waiver and Release for full, adequate and compete consideration fully intending to be bound by the same. 

Cancellation/Refund Policy

Items for purchase may have an expiration date that is clearly described on the purchase page for that item. Clients cancelling classes or appointments within 24 hours of their booked session will charged for the missed session. We do not refund sessions for cash but will allow the transfer of balance from one session type to another or to another client. 

Links to Third Party Sites/Third Party Services

www.nicepilates.studio may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of NICE Pilates and NICE 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. NICE Pilates is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NICE Pilates of the site or any association with its operators. 

Certain services made available via www.nicepilates.studio are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.nicepilates.studio domain, you hereby acknowledge and consent that NICE Pilates may share such information and data with any third party with whom NICE Pilates has a contractual relationship to provide the requested product, service or functionality on behalf of www.nicepilates.studio users and customers. 

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use www.nicepilates.studio strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to NICE 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 NICE 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. NICE 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 NICE 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 NICE Pilates or our licensors except as expressly authorized by these Terms. 

Third Party Accounts

You will be able to connect your NICE Pilates account to third party accounts. By connecting your NICE Pilates account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. 

International Users

The Service is controlled, operated and administered by NICE 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 NICE Pilates Content accessed through www.nicepilates.studio in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

Indemnification

You agree to indemnify, defend and hold harmless NICE Pilates, its officers, directors, employees, 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. NICE 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 NICE Pilates in asserting any available defenses. 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, 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, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. 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 NICE 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. NICE PILATES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

NICE 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. NICE 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 NICE 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 NICE 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 

NICE 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 NICE Pilates as a result of this agreement or use of the Site. NICE Pilates's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NICE 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 NICE 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 NICE 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 NICE 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

NICE Pilates reserves the right, in its sole discretion, to change the Terms under which www.nicepilates.studio is offered. The most current version of the Terms will supersede all previous versions. NICE Pilates encourages you to periodically review the Terms to stay informed of our updates. 

Contact Us

NICE Pilates welcomes your questions or comments regarding the Terms: 

NICE PIlates LLC 

412 15th ave 

San Francisco, California 94118 

Email Address: 

admin@nicepilates.studio 

Telephone number: 

6822562221 

Effective as of August 01, 2022