WEBSITE TERMS & CONDITIONS
1. ERA Pilates & Sound is associated with services, including;
(a) Service of Group Pilates classes (“Group Sessions”); and
(b) Service of Private Pilates sessions (“Private Sessions”)
For the purpose of these terms and conditions, (a) and (b) above, are collectively referred to as the “Services”.
2. The Services are provided for sale, via the website located at InnerRenaissance.com (the "Website")
3. In the context of the Website, and these terms and conditions, “we”, “our” and “us” means ERA Pilates & Sound and “you” and “your” means you, the user of the Website, or the customer of ERA Pilates & Sound.
4. The use of the term “service” includes the plural “services” and may include Services purchased from us, or offered for sale, by us
5. Except if otherwise required by law, the following terms and conditions, in addition to our;
(a) Our Refunds Policy;
govern your use of the Website and/or the purchase of Services from us. They describe the rights and responsibilities of both you and ERA Pilates & Sound. If you use the Website, or purchase of Services, you agree to be bound by these terms and conditions and accept our;
(a) Our Refunds Policy;
6. These terms and conditions constitute a legally binding contract. If you do not agree to the terms and conditions, do not use the Website or purchase Services from us.
7. The information on this site is governed by United States Law. By using this Website you agree to be bound by, and submit to the law, jurisdiction and courts of the United States.
SAFETY & HEALTH ACKNOWLEDGMENTS BY YOU
8. You understand, and acknowledge, that physical exercise can be a strenuous activity and there is a risk of serious injury to you.
9. By purchasing Services, from us, you warrant and acknowledge that you;
(a) have obtained appropriate medical advice, from a doctor or licensed medical practitioner, as to your own personal safety and health, for the purposes of utilizing any of our Services; and
(b) are voluntarily participating in the classes available on the Website, at your own risk, and that you will follow all safety instructions given to you by the instructors on the Website. You will acknowledge that we will conduct no investigations, and make no enquiries, as to your physical ability, or current health and fitness.
(c) are physically fit and able to perform the exercises. If you are pregnant, or any have pre-existing conditions or injuries, you must be cleared by your doctor to practice Pilates; and
(d) have assessed your own physical and mental condition. You acknowledge that it is your responsibility to ensure that you will not exceed your own physical or mental limits.
(e) There is no guarantee that you will get specific results. Results vary depending on several factors that may include your background, level of commitment, intentions, and lifestyle choices. Since the factors vary by person, there is no guarantee of your success, nor are we responsible for your actions.
(f) Any information provided by ERA Pilates & Sound is not meant to diagnose or treat any health/medical condition. For diagnosis and medical condition, please contact your own physician that you feel comfortable with. If you are recovering from an injury or have recently been pregnant, please ensure you are cleared to exercise. We strongly recommend that you consult with your physician or healthcare provider before beginning any exercise program.
RELEASE, WAIVER AND INDEMNITY
10. The acknowledgements, and the health warnings, contained above, constitutes a “risk warning” for the purposes of United States and New York State Law.
11. Notwithstanding the significant risks of physical harm, and injury, inherent in the Services that we may provide to you, some of which are noted above, you agree to participate, in the provision of Services, at your own risk.
12. By purchasing Services from us, you agree to release and hold harmless ERA Pilates & Sound, its servants, employees and agents from and against any liability arising out of the injury, loss, damage or death caused to you, or to your property or any other person arising from or in connection with the Services provided, whether such injury, loss, damage or death was caused directly or indirectly by negligence, breach of contract or in any way whatsoever, other than where the injury, loss, damage or death was caused solely by the negligence of the ERA Pilates & Sound, its servants, employees or agents.
13. By purchasing Services from us, you further agree to indemnify and hold harmless ERA Pilates & Sound, its servants, employees and agents from all claims, damages, losses, injuries and expenses arising out of or resulting from your participation in the Services. This indemnification extends to all claims made by any other person against the ERA Pilates & Sound, its servants, employees or agents in respect of any injury, loss or damage arising out of or in connection with your participation in the Services, other than where the injury, loss or damage or death was caused solely by the negligence of the ERA Pilates & Sound, its servants, employees or agents.
14. By agreeing to these terms and conditions you acknowledge, agree and understand that, to the full extent permitted by United States and New York State Law, that your rights to sue ERA Pilates & Sound, its servants, employees and agents, on the basis that the recreational activities or associated Services, provided by ERA Pilates & Sound were not provided to you in accordance with any express or implied warranty or guarantee, or that the Services not provided with reasonable care and skill, are excluded, restricted or modified.
DISCLAIMER
15. The use of the Website, and the provision of Services by us, is on an "as-is" basis and is entirely at your risk.
16. We shall not be responsible for any detriment incurred by reliance you place on this Website or its contents.
PAYMENT & PURCHASING & SERVICE TERMS
17. The Services of Private Session and Group Sessions are to be made to ERA Pilates & Sound.
18. The purchasing of Services, is via Stripe with your credit card. We only accept payment through this party.
19. If your payment method fails, or expires, you will not be able to use the Services.
20. Payments for Services are non-refundable and there are no refunds.
21. If you cancel or skip a Private Session or Group Sessions of the Services, There is a 24 hour cancellation policy in order for your payment to be used for another session.
22. In placing a purchase for our Services, you agree to provide an accurate email address and to keep these details up to date. Incorrect information provided may lead to a delay in delivering of the Services.
23. For the purposes of processing your payment, we will utilize the services of 3rd parties, such as;
(a) Stripe via credit card
We do not save your information for any purposes. If you do not wish to use this payment option, please contact ERA Pilates & Sound.
24. We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.
PRICES
25. The price displayed for Services, on the Website, represents the full price, including taxes.
26. We reserve the right to change prices displayed for Services, on our Website, at any time.
27. All of our prices are in US dollars ($USD)
CANCELLATION
28. You can cancel Services of Private Sessions or Group Sessions at any time.
29. There’s a 24 hour cancellation policy. If needed, contact at least 24 hours in advance and we will reschedule.
30. You agree that you will not receive a refund if you choose to cancel indefinitely.
SCHEDULING
31. You agree to use the scheduling tool on the website to schedule a Private Session or Group Sessions or contact ERA Pilates & Sound via email.
CHANGES TO TERMS
32. Because of frequent changes in internet technology and applicable law we reserve the right to make changes to these terms and conditions at any time.
CHANGES TO PRODUCTS AND CONTENT
33. ERA Pilates & Sound may make changes to Services offered for sale, via the Website, and to other content of the Website, at any time without notice to you.
34. We make every effort to ensure that descriptions on our Website are accurate. However, some inaccuracies, such as typographical errors or misinterpretations, may occur.
35. We reserve the right to correct such inaccuracies or typographical errors as they are identified. Should a typographical error, or inaccuracies, be made by us, in respect of Services offered for sale via the Website, we reserve the right to cancel any purchases made by you, utilizing such inaccurate pricing, or typographical errors.
36. All depictions contained on the Website, or in any catalog, are for illustration purposes only.
AGE RESTRICTIONS
37. You must be at least eighteen (18) years of age to purchase Services from us. We do not knowingly accept orders from anyone under 18.
38. By placing an order with us you acknowledge that you are over eighteen (18) years of age.
39. Should we suffer any loss or damage as a result of a transaction entered into by a person under the age of 18, we reserve the right to seek compensation for such loss or damage from the parents or guardians of the person who placed the order(s) with us.
INTERNET COMMUNICATIONS & USE OF WEBSITE
40. By using the Website, you consent to receiving communications electronically via email. We will communicate with you by email, or by posting notices, on the Website at our discretion.
41. The nature of internet communications means that communications may be susceptible to data corruption, interception and delay, which we are not responsible for.
42. When you visit our Website may automatically send you a "cookie".
43. A cookie is a piece of text from a web server to your computer, sent over the internet, and is used to identify you. This information does not ordinarily personally identify you, but it may tell us that the computer which you are using has visited our Website and what areas of the Website you have browsed.
44. You may decline cookies by adjusting the setting of your browser, however, this may affect the functionality and accessibility of the Website.
INTELLECTUAL PROPERTY
45. Material contained on the Website may be protected by copyright. You may use the Website for personal and non-commercial purposes. You must not use, copy, distribute, transmit, store or publish any material on this Website, without obtaining our prior written consent.
46. Registered trademarks and logos must not be used or modified in any way without obtaining the prior written consent from us, or from the owner of the trademark or logo.
47. The Website, and the products, technology and processes contained in the Website, may be the subject of other intellectual property rights owned by third parties. You agree that no license is granted to you, in respect of those intellectual property rights, other than as set out in these terms and conditions.
ENTIRE AGREEMENT
48. These terms and conditions, together with your purchase constitute the entire contract between you and us for the supply of Goods and Services. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to vary it in writing or by email.
LIMITATION OF LIABILITY
49. By placing a purchase for Goods and Services, you accept and acknowledge that ERA Pilates & Sound maximum aggregate liability for;
(a) any breach, of any express obligation, under these terms and conditions,
will be to damages, in an amount no greater than the value of the Goods and Services purchased from us.
50. ERA Pilates & Sound will be under no liability to you whatsoever (whether in contract, or (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) how-so-ever caused, arising out of, or in connection with any of the Goods and Services, or the manufacture or sale or supply, or failure or delay in supply, of the Services by ERA Pilates & Sound, or on the part of ERA Pilates & Sound’s, agents or subcontractors.
OUR CONTACT DETAILS
info@erapilatesandsound.com