Terms and Conditions | Couture Pilates

ARBITRATION NOTICE

SECTION 26 (DISPUTE RESOLUTION) OF THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. THEY WAIVE YOUR RIGHT TO A COURT HEARING AND A JURY TRIAL. YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE READ SECTION 26 CAREFULLY.

Welcome

The material appearing on this website, https://couturepilatesstudio.com (this "Site"), is provided as information about Couture Pilates' business, community, and people, and as a platform for online connection, scheduling, and purchase of services.

Any information on this Site is provided for promotional, informational, and educational purposes only and is not to be relied upon as professional medical, health, or fitness advice. By using this Site, you accept and agree that following or using any information or recommendation provided on this Site is at your own risk.

Please read the following carefully. Your access to and use of this Site is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site.

1. ACCEPTANCE OF TERMS

These Terms and Conditions, including any policies, rules, and other terms expressly incorporated by reference (collectively, these "Terms"), form a binding agreement (this "Agreement") between you ("you" or "your") and Couture Pilates Clinton, LLC and Couture Pilates Holdings, LLC, each a New Jersey limited liability company (together, "Couture Pilates," "we," "us," or "our").

These Terms govern your use of the Site and any content, information, products, or services made available on or through the Site (collectively, the "Services").

In addition to these Terms, your access to and use of certain portions of the Site or Services may require you to accept additional terms, including our Studio Policies, our Liability Waiver & Release of Claims, our Membership Agreement, and our Privacy Policy (collectively, "Additional Terms"). References to the Membership Agreement mean the separate agreement members sign at the time of purchase in the client portal. The Additional Terms are incorporated into and made part of these Terms by this reference. In the event of a conflict between these Terms and any signed Additional Terms governing your participation in studio programming, the signed document controls as to that subject matter.

BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.

2. AGE REQUIREMENTS

Site accounts and purchases. You must be at least eighteen (18) years of age and fully able and competent to enter into and abide by these Terms in order to create an account, purchase services, or enter into any payment agreement through the Site. Individuals under eighteen (18) may not submit personal information to us or enter into any purchase agreement.

Studio participation. Couture Pilates welcomes clients aged sixteen (16) and older. Clients between the ages of sixteen (16) and seventeen (17) must have a parent or legal guardian present at the studio to sign the Minor Participant Addendum to our Liability Waiver & Release of Claims in person before the minor's first class. No exceptions are made. The signing parent or legal guardian accepts responsibility for the minor's compliance with these Terms and our Studio Policies, and is personally bound by the release and indemnification provisions of the Liability Waiver.

3. MODIFICATION OF THESE TERMS

We may amend or modify these Terms at any time. Changes are effective when posted to the Site or, where the change is material, when specified in a notice sent to you by email or posted on the Site. Please review these Terms periodically. Your continued use of the Site or the Services after we post changes means you accept those changes.

4. PRIVACY

Your personal information and privacy matter to us. Our Privacy Policy governs the collection, use, and processing of all personal data collected in connection with your use of the Site and the Services, including data collected through analytics and advertising technologies. The Privacy Policy is incorporated into and made part of these Terms by this reference. You must agree to the Privacy Policy in order to use the Site or the Services.

5. ACCESSIBILITY

Couture Pilates is committed to helping people with disabilities access the Site and the Services. We strive to provide an excellent online experience for all of our clients, including those with sight, hearing, mobility, and other disabilities. If you have difficulty using or accessing any element of the Site or the Services, or if you have feedback regarding accessibility, please contact us at hello@couturepilatesstudio.com or 908-350-0692. Please also see our Accessibility Statement.

6. QUALIFICATIONS

Our instructors hold professional qualifications and certifications in Pilates instruction, including reformer and apparatus-based Pilates training.

Couture Pilates instructors are not physicians, physical therapists, chiropractors, athletic trainers, registered dietitians, or licensed mental health providers, and do not act in any such capacity when providing services to you.

7. SCOPE OF PRACTICE

What we do together. In both private and group settings, we teach reformer and apparatus-based Pilates using the Couture Method. Our instruction may include postural observation, verbal cueing, demonstration, exercise modification and progression, tactile cueing with your consent, and guidance on breath, alignment, and controlled movement. Our goal is to help you build strength, mobility, body awareness, and confidence in your own movement.

What we do not do together. We do not diagnose, treat, cure, or claim to cure any illness, injury, or condition. Our services are not physical therapy, chiropractic care, massage therapy, medical care, or nutrition counseling, and they do not replace medical advice. We do not prescribe treatment plans or rehabilitation protocols. If you are recovering from or managing an injury, illness, pregnancy, or chronic condition, you should obtain clearance from your physician or licensed healthcare provider before participating, and you are responsible for disclosing any condition that may affect your safe participation.

Tactile cueing. Instructors may offer hands-on adjustments to support your alignment and safety. Instructors will ask before touching a client, and you may decline hands-on cueing at any time, for any reason, without explanation.

8. HEALTH DISCLAIMER AND ASSUMPTION OF RISK

Pilates and reformer-based exercise involve physical exertion and carry an inherent risk of injury, including muscle strain, ligament injury, joint stress, falls, cardiovascular events, and aggravation of pre-existing conditions. You should consult your physician or other healthcare practitioner before beginning any exercise program. This is particularly important if you or your family have a history of high blood pressure or heart disease, if you are pregnant or postpartum, if you have osteoporosis or a bone density diagnosis, if you have had recent surgery, if you have been sedentary, if you are over the age of forty (40), or if you have ever experienced discomfort while exercising.

Never disregard professional medical advice or delay seeking it because of something you have read on the Site or heard in our studio.

All clients participate at their own risk. You must disclose all injuries, conditions, and health concerns on your Client Registration & Health Form and to your instructor before each class, and it is your responsibility to communicate any change in your physical condition. Our instructors are trained to provide modifications, but you are responsible for exercising within your own limits, for using equipment as instructed, and for stopping and notifying your instructor if you experience pain, dizziness, or discomfort.

Participation in studio programming is subject to our separate Liability Waiver & Release of Claims, which must be signed before your first class.

9. STUDIO POLICIES

Your use of our Services in the studio is governed by our Studio Policies, which are posted on the Site and incorporated by this reference. Key policies include the following. The full Studio Policies document controls.

Grip socks. Grip socks are required for every class and private session, without exception. Clients who arrive without grip socks will not be permitted onto the studio floor. Grip socks are available for purchase through our online store for pickup at the studio.

10-minute rule. For the safety of all participants and out of respect for the class in progress, the studio floor is locked ten (10) minutes after the scheduled class start time. Clients who arrive after the studio is locked will not be admitted and will be treated as a no-show. We recommend arriving five (5) minutes before class begins.

Group class cancellation. Group classes must be cancelled at least twelve (12) hours before the scheduled start time. Cancellations made within the twelve-hour window are late cancellations and result in forfeiture of the class credit from your pack or membership allocation. Where a booking does not carry a forfeitable class credit, including unlimited memberships, complimentary bookings, and guest passes, a $47 late cancellation and no-show fee is charged to the payment method on file instead. Bookings made through partner fitness networks are governed by that network's own cancellation and fee terms. The waitlist grace period in this section applies.

Private and semi-private session cancellation. Private and semi-private sessions require a minimum of twenty-four (24) hours' notice to cancel. Cancellations within twenty-four (24) hours are charged fifty percent (50%) of the session rate. Cancellations within twelve (12) hours, and no-shows, are charged the full session rate.

Waitlist. Waitlists are free to join. When a spot becomes available, all waitlisted clients are notified simultaneously and the first to confirm receives the spot. Notifications cease one hour before the session start time. Confirming a waitlist spot creates a booking and deducts a class credit, or charges the drop-in rate where no credit is available. The cancellation policy then applies. Releasing a confirmed waitlist spot within thirty (30) minutes of booking incurs no late cancellation or no-show fee, and the class credit is returned. The full Studio Policies control.

No-shows. A no-show is failing to attend a booked session without cancelling it. A no-show results in forfeiture of the class credit from your pack or membership allocation. Where a booking does not carry a forfeitable class credit, including unlimited memberships, complimentary bookings, and guest passes, a forty-seven dollar ($47) late cancellation and no-show fee is charged to the payment method on file instead. Bookings made through partner fitness networks are governed by that network's own cancellation and fee terms. No-shows for private and semi-private sessions are charged the full session rate. The waitlist grace period in this section applies.

Booking. All bookings are managed through our booking platform and branded client portal. Clients may select their reformer at the time of booking. Walk-in bookings are accommodated as space permits. It is your responsibility to manage your own bookings, cancellations, and waitlist status.

Studio conduct. Couture Pilates is a distraction-free, intentional environment. Clients are expected to silence their phones, minimize conversation during class, and treat instructors, staff, and fellow clients with respect. Food is not permitted in the studio. Closed water bottles are welcome. Clothing with metal hardware that may damage equipment is not permitted on the reformer.

Class levels. Class level descriptions are recommendations intended to help you choose an appropriate class. They are not guarantees of suitability, and we reserve the right to recommend a different class level or to require a private session or introductory class before participation in a given format.

Instructor substitution. We reserve the right to substitute instructors at any time without prior notice. A substitution does not entitle you to a refund or credit.

Personal property. We are not responsible for the loss, theft, or damage of any personal property brought onto or stored at the studio premises.

Violation of Studio Policies may result in financial penalties, forfeiture of class credits, or termination of membership without refund.

10. PURCHASES, PACKAGES, AND MEMBERSHIPS

Pricing. Current pricing for drop-in classes, class packages, private sessions, memberships, and retail products is posted on the Site. All prices, discounts, and promotions are subject to change without notice to the extent permitted by applicable law. Prices are exclusive of applicable New Jersey sales tax, which is applied at checkout where required by law.

New client offers. Introductory offers are available to new clients only, are limited to one per person, and expire sixty (60) days from the date of purchase.

Class packages. Class packages are purchased in advance and expire six (6) months from the date of purchase. Unused credits do not carry over beyond their expiration date, have no cash value, and are non-refundable and non-transferable. Packages are personal to the purchaser and may not be shared, sold, or transferred.

Memberships. Membership offerings are described on the Site and are subject to your signed Membership Agreement, a separate document executed at the time of purchase, which controls in the event of any conflict with these Terms. Memberships are billed in advance on a recurring monthly basis and require a signed contract.

YOUR MEMBERSHIP AUTOMATICALLY RENEWS EACH MONTH AND WE WILL AUTOMATICALLY BILL THE MEMBERSHIP FEE TO YOUR PAYMENT METHOD ON FILE UNTIL YOUR MEMBERSHIP IS CANCELLED OR TERMINATED IN ACCORDANCE WITH THESE TERMS AND YOUR MEMBERSHIP AGREEMENT.

Commitment period. All monthly recurring memberships require a three-month commitment.

No rollover. Monthly membership credits do not roll over from month to month. Unused credits expire at the end of each billing cycle, have no cash value, and are non-refundable and non-transferable.

Membership cancellation. Memberships require thirty (30) days' written notice to cancel. A cancellation submitted fewer than thirty (30) days before the next billing cycle will result in one final billing before the membership is terminated. We do not issue prorated refunds for early cancellation.

Payment. You represent that all payment information you provide is true, correct, and complete, that you are authorized to use the payment method provided, and that you will pay all charges incurred at the posted prices plus applicable taxes. If your payment method cannot be charged and you have not cancelled, you remain responsible for uncollected amounts, and we may suspend access to services until the balance is resolved. We reserve the right to cancel a membership or booking if a payment method cannot be successfully charged.

Payment processing. Payment processing for purchases made through the Site is provided by third-party payment processors. We do not store full payment card numbers.

Gift cards and promotions. Gift cards and promotional codes are limited to one use per customer unless otherwise stated, have no cash value, are not redeemable for cash, and are not valid on prior purchases or in combination with other offers unless expressly stated. We reserve the right to modify or discontinue any promotion at any time.

11. REFUNDS

All sales are final. Couture Pilates does not offer refunds on class packs, memberships, single classes, private sessions, workshops, events, or any other service or retail purchase. We do not accept returns or exchanges on retail merchandise. Class packs and memberships are non-refundable and non-transferable. Unused class credits do not carry over beyond their expiration date and have no cash value.

This policy applies except where a refund is required by applicable law.

12. THIRD-PARTY BOOKING AND PARTNER PLATFORMS

We use third-party platforms to operate scheduling, payment, client accounts, and partner access, including our booking and client management platform, our client app, and our partner fitness networks. Your use of those platforms is subject to their own terms and privacy policies, and we are not responsible for their acts, omissions, availability, or data practices.

If you access our classes through a third-party fitness network or aggregator, that network's booking, cancellation windows, fees, and payment terms govern your reservation. Our direct-booking cancellation windows and fees do not replace the network's terms. Studio attendance and safety rules, including the 10-minute rule and required grip socks, apply to all clients regardless of how a reservation was made.

13. ACCOUNT ACCESS

If you create an account to access any part of the Site or Services, you must keep your username, password, and other security information confidential and must not share your account with any other person. You agree to notify us immediately of any unauthorized access to your account. You are responsible for all activity occurring under your account. We may disable any username or password at any time if we believe you have violated these Terms.

It is a condition of your use of the Site and the Services that all information you provide is correct, current, and complete, including any health information relevant to your safe participation.

14. ELECTRONIC COMMUNICATIONS AND MESSAGING

You agree that we and our authorized agents may provide information and communications to you in electronic form, including through the Site, email, and text message. You consent to receive such communications electronically, and you agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that they be in writing.

By providing your mobile number, you agree to receive transactional messages relating to your account, bookings, schedule changes, and payments. You may also opt in to receive marketing messages regarding promotions, events, and offers. Consent to marketing messages is not a condition of purchase. Message frequency varies, and message and data rates may apply. You may opt out of marketing messages at any time by replying STOP or by contacting us at hello@couturepilatesstudio.com.

Notices required to be given in writing under these Terms, including membership cancellation notice, may be given by emailing hello@couturepilatesstudio.com, by delivering written notice to the studio, through the WellnessLiving Achieve app under Purchases, or through your client portal under Passes and Memberships.

15. INTELLECTUAL PROPERTY

Ownership. All content on the Site and in the Services, including text, images, photographs, video, graphics, audio, class descriptions, programming, curriculum, training materials, and software, is owned by us or our licensors and is protected by United States copyright, trademark, and other intellectual property laws. The entire content of the Site is also copyrighted as a collective work. The absence of a registered copyright symbol does not mean that materials are unprotected.

Trademarks. COUTURE PILATES™, the Couture Pilates crest and wordmark, MOVEMENT CRAFTED WITH INTENTION™, THE COUTURE METHOD™, and our class format names, including PREMIÈRE™, ATELIER™, HAUTE™, SCULPTÉE™, REPOS™, and INTIME™, are trademarks and service marks of Couture Pilates, including marks that are the subject of pending federal trademark applications and marks protected under common law. Nothing on the Site grants you any license or right to use any of our marks. All other trademarks appearing on the Site are the property of their respective owners.

Method and curriculum. The Couture Method is our proprietary work product, developed at our own expense, and is protected as confidential and proprietary material. It includes, without limitation:

The Couture Method Instructor Training Manual, comprising Parts I through VII (Philosophy & Identity, Assessment, The Teaching Craft, Fitting the Method to the Client, Safety, Special Populations, and The Couture Excellence Standard);
Our five-segment client assessment protocol and the postural, functional movement, flexibility, and strength evaluations within it;
Our class architecture, sequencing, cueing language, modification standards, and spring and apparatus protocols;
The Find Your Belt skills assessment and our four-level client progression system (Yellow, Blue, Red, Green), together with the readiness criteria and class progression standards supporting it; and
Our class formats, class descriptions, and the programming developed for each.

Portions of these materials are distributed to instructors on a confidential, instructor-use-only basis and remain our property at all times. You may not reproduce, teach, distribute, publish, or create derivative works from our programming, assessment tools, progression system, or training materials for any purpose, and you may not use them to teach, develop, or operate a competing business.

Limited use license. If we make materials available for download, you are granted permission to download one copy for personal, non-commercial viewing only. This is a license, not a transfer of title. You may not modify or copy the materials, use them for any commercial purpose or public display, or transfer or mirror them on any other server. This license terminates automatically if you violate any of these restrictions, and you must destroy any downloaded materials upon termination.

16. USER CONTENT, MEDIA, AND STUDIO RECORDING

Your content. You are solely responsible for any content you submit, post, upload, or transmit to us or about us, including reviews, comments, photographs, and video ("User Content"). You retain ownership of your User Content.

We welcome clients to share photos and videos of their Couture Pilates experience. By tagging or mentioning Couture Pilates in your content, or by submitting content to us directly, you grant us a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive license to use, reproduce, modify, adapt, publish, share, re-post, and display that content in connection with operating the Site and promoting Couture Pilates, in any medium now known or later developed, without payment or further approval. You also grant us permission to use your name or social media handle in connection with that content. While our general practice is to credit content to its creator, credit is not guaranteed.

You represent and warrant that you own or have the right to license your User Content, and that it does not infringe any third party's rights. User Content may not contain personal information about another person, harass or degrade any person, contain defamatory, obscene, or discriminatory material, promote dangerous or unlawful conduct, constitute spam, or impersonate any person.

We may, but are not obligated to, monitor, edit, refuse to post, or remove User Content at any time and for any reason.

Photography and video in the studio. We may photograph or record studio classes, events, and activities for use in marketing, social media, educational materials, and promotional content. Permission for this use is governed by the Media Release in our Liability Waiver & Release of Claims, which every client signs before participating. Our practice is to honor requests to stop using a particular image where reasonably possible; requests may be sent in writing to studio management at hello@couturepilatesstudio.com. This removal practice is discretionary, as described in Section 6 of our Privacy Policy. Clients may not photograph or record other clients or instructors in the studio without their express consent.

Closed-circuit recording. A closed-circuit video and audio recording system covers the entrances and studio floor for the safety and security of our clients, team members, and property, and for quality improvement and training. There are no cameras or microphones in restrooms or changing areas. This system is separate from and independent of the Media Release described above. Footage is confidential and accessible only to authorized members of ownership and management. Client consent to this recording is governed by the Security Surveillance Acknowledgment in our Liability Waiver & Release of Claims.

17. RESTRICTIONS ON USE

You may use the Site and the Services solely for your personal, non-commercial use. When accessing or using the Site or the Services, you may not:

Use any device, software, or routine to interfere with the proper functioning of the Site;
Transmit any unlawful, threatening, abusive, defamatory, discriminatory, obscene, or indecent material of any kind;
Transmit any material that infringes the intellectual property, privacy, or publicity rights of others;
Transmit any virus, worm, or other harmful code;
Use spiders, robots, scrapers, data mining tools, or other automated means to access, catalog, download, or reproduce any content on the Site;
Frame or mirror any part of the Site, or use our name or trademarks in metatags or hidden text, without our express written consent;
Attempt to probe, scan, or test the vulnerability of the Site, or breach any security or authentication measure;
Access content or data not intended for you, including other clients' account information;
Use the Site to send unsolicited email, spam, or advertisements;
Reverse engineer, decompile, or disassemble any source code used in providing the Site;
Use the Site or the Services to observe, record, or replicate our programming for the purpose of teaching or operating a competing business.

18. LINKS TO THIRD-PARTY WEBSITES

The Site may contain links to third-party websites, platforms, and social media services. Those sites are not under our control. We are not responsible for the content, products, services, privacy practices, or actions of any linked site, and we accept no liability for any errors, omissions, losses, or damages arising from your use of them. Links are provided for convenience and do not constitute an endorsement. Complaints or questions regarding a third-party site should be directed to that third party.

Please note that information you post on a third-party social media platform may be visible to the general public, and we do not control how others use it.

19. AVAILABILITY AND CHANGES TO THE SERVICES

We reserve the right at any time to modify, suspend, or discontinue the Site or the Services, in whole or in part, with or without notice, and we will not be liable if all or part of the Site or Services is unavailable. We may also change our schedule, class formats, instructors, pricing, and studio hours at any time. We undertake no obligation to update information on the Site except as required by law. Information on the Site may occasionally contain errors, and we reserve the right to correct them at any time without prior notice, including cancelling any order arising from a pricing error.

20. DISCLAIMER OF WARRANTIES

THE SITE AND THE SERVICES MAY PROVIDE INFORMATION INCLUDING TUTORIALS, WORKOUTS, OR RECOMMENDATIONS. ALL SUCH INFORMATION IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL OR OTHER PROFESSIONAL ADVICE OR AN OPINION OF ANY KIND. THE SITE AND THE SERVICES DO NOT PROVIDE OR REPLACE ANY MEDICAL PROFESSIONAL OR MEDICAL RESOURCE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED.

21. NO GUARANTEES OF RESULTS

We make no guarantees about any particular results or benefits you will obtain from the Site, our classes, our programming, or our products. We will do everything we can to give you the tools to succeed, but individual results depend on many factors outside our control, and we make no promises or guarantees regarding outcomes of any kind.

22. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL COUTURE PILATES CLINTON, LLC, COUTURE PILATES HOLDINGS, LLC, OR THEIR AFFILIATES, MEMBERS, MANAGERS, OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, INSTRUCTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "COUTURE PILATES PARTIES") BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICES; (II) ANY ACT OR OMISSION BY YOU BASED ON INFORMATION MADE AVAILABLE THROUGH THE SITE OR THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICES.

IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE COUTURE PILATES PARTIES TO YOU, FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ALL OTHER PROVISIONS OF THESE TERMS REMAIN IN FULL FORCE AND EFFECT.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence or willful misconduct.

23. INDEMNIFICATION

As a condition of your use of the Site and the Services, you agree to indemnify, defend, and hold harmless the Couture Pilates Parties from and against any and all claims, demands, actions, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with: (i) your breach of these Terms; (ii) your use of the Site or the Services; (iii) your violation of the rights of any third party; (iv) any claim related to your User Content; or (v) your violation of applicable law. This obligation continues after you stop using the Site and the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not settle any such matter without our prior written consent.

24. FORCE MAJEURE

We will not be liable or deemed in breach of these Terms for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, flood, fire, severe weather, explosion, governmental action, changes in law, war, terrorism, civil unrest, national emergency, epidemic or pandemic, labor disputes, cyberattacks, loss of premises or landlord action, equipment failure, interruption of utilities or telecommunications, or power outage.

25. GOVERNING LAW

These Terms and your use of the Site and the Services are governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any choice or conflict of law provision or rule that would cause the laws of any other jurisdiction to apply.

26. DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THEY PROVIDE THAT ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.

Timing of claims. Any cause of action or claim you may have with respect to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises, to the extent permitted by applicable law.

Notice of dispute. Before commencing arbitration, the claiming party must send the other party written notice by certified mail describing the nature and basis of the claim or dispute and setting forth the specific relief sought. Notice to us must be addressed to: Couture Pilates, 21 Leigh Street, Clinton, NJ 08809, Attn: Legal Notices. If the parties do not reach an agreement to resolve the claim within thirty (30) days after the notice is received, either party may commence an arbitration proceeding.

Arbitration and venue. You agree that any dispute relating in any way to your use of the Site or the Services shall be submitted to confidential, binding, individual arbitration in Hunterdon County, New Jersey, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts.

Arbitration under these Terms shall be conducted by the American Arbitration Association under its Consumer Arbitration Rules then in effect, before a single arbitrator. Each party shall bear its own costs and legal fees except as otherwise required by the applicable rules or by law.

Final arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, rulings, and all documentation regarding any arbitration shall be considered confidential information, and neither party may disclose it unless required by law.

Class action waiver. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree to arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION, OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. Any challenge to this class arbitration waiver may only be raised in a court of competent jurisdiction.

Relationship to signed studio agreements. Our Liability Waiver & Release of Claims provides for resolution of disputes arising under that agreement in the courts of Hunterdon County, New Jersey. This Section 26 governs disputes arising out of your use of the Site and the Services. The signed Liability Waiver governs disputes arising out of your participation in studio programming.

27. COPYRIGHT COMPLAINTS

If you believe your work has been copied in a way that constitutes copyright infringement on the Site, please notify us with the information required under the Digital Millennium Copyright Act, 17 U.S.C. § 512:

A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it;
Your address, telephone number, and email address;
A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please send written notice to:

Couture Pilates 21 Leigh Street Clinton, NJ 08809 Attn: DMCA Agent Email: hello@couturepilatesstudio.com Email Subject: "DMCA Request"

We may, in appropriate circumstances, terminate the access of users who repeatedly infringe the rights of others.

28. ENTIRE AGREEMENT AND MISCELLANEOUS

These Terms, together with our Privacy Policy, Accessibility Statement, Studio Policies, Liability Waiver & Release of Claims, and Membership Agreement, constitute the entire agreement between you and Couture Pilates relating to your use of the Site and the Services, and supersede any prior understandings or agreements, whether oral or written.

If a court of competent jurisdiction finds any provision unenforceable, that provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any provision is not a waiver of that right. Section headings are for reference only and do not affect interpretation.

We may assign our rights and obligations under these Terms at any time without notice. You may not assign your rights or delegate your obligations without our prior written consent.

The Site and the Services are intended for use in the United States. We make no representation that the Site or the Services are appropriate or available for use in other locations.

29. QUESTIONS

If you have questions or comments regarding these Terms, our Privacy Policy, the Site, or the Services, please contact us:

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