Terms and Conditions
BY VISITING NRG PILATES YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.
OVERVIEW
The terms “we”, “us”, “our,”, “NRG PILATES LLC” and “NRG PILATES,” refers to NRG PILATES, LLC. The term the “Site” refers to nrgpilates.net and online software connected with NRG PILATES, LLC. The term “user,” “you,” and “your,” refers to site visitors, clients, and any other users of the site.
NRGPILATES.NET provides a website where users can learn about the studio, teachers, classes, class schedule, teacher training, schedule classes and contact the studio, NRG PILATES.
Use of nrgpilates.net, including all information presented herein, and all online services provided by NRG PILATES, LLC is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, clients, and all other users of the site. By using the Site or Service and/or purchasing a product, pass, or membership from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE + SERVICE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site without parental consent.
Information provided on the Site is subject to change. NRG PILATES makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Studio Grow disclaims all liability for any inaccuracy, error or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Service, you are required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to NRG PILATES will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. We don’t do illegal. NRG PILATES reserves the right to refuse service based on your provision of inaccurate account information.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. We really don’t do illegal.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. If you don’t have anything nice to say, this probably isn’t the right site for you.
REFUSAL OF SERVICE
NRG PILATES reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. NRG PILATES reserves the right to limit the number of participants in any given class or training. NRG PILATES may at any time change or discontinue any aspect or feature of the Site or Service.
ORDER CONFIRMATION
We will email you to confirm the purchase of your order and with details concerning product or service. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
If you’ve signed up for a annual auto-renew membership with us, the membership will bill automatically and your credit card will be charged the fees stated on the date of purchase each month (or the introductory rate during introductory period). Price may change at the end of your membership period. You will be notified that your membership is expiring. Your membership will start as soon as your credit card or ACH is successfully charged.
If you have purchased a Private, Semi, or small group Session, confirmation that we have received your purchase and payment. We will email you separately to schedule your session.
TERMINATION
Membership Cancellation/Early termination: requires 4-week notice. A monthly fee of $75 will be charged for early termination (for the duration of cancelled contract). This fee can be applied towards a class pass. You are welcome to downgrade or upgrade your membership at any time at equal commitment.
REFUNDS
For class passes, drop ins, and memberships, all purchases are non-refundable.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions, because we might not have drank enough coffee the day we published something. We reserve the right to refuse or cancel any purchase with an incorrect price listing.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service.
You hereby affirm that you have fully disclosed any disabilities that would prevent or limit your participation in any programs (Pilates, Kettlebells, Suspension and Barre) online and/or in studio held by NRG Pilates on the client evaluation form. You certify that you understand the potential risks of undertaking any exercise program after having had the opportunity to inquire in detail regarding all aspects of the program online and/or in studio, and to have all questions with regard to the program satisfactorily answered.
You understand and agree that it is your responsibility to assess the hazards presented by use of the facilities and services online and/or in studio of NRG Pilates, LLC, and further agree that you are the ultimate judge as to whether you can use the facilities and services online and/or in studio of NRG Pilates, LLC without risk or harm to yourself.
You understand and EXPRESSLY ASSUME all the dangers incident to using the facilities and their services online and/or in studio, and hereby agree to RELEASE ALL LIABILITY and to indemnify NRG Pilates, LLC, its officers, directors, agents, and all representatives from and against all claims, including but not limited to, personal injury, property damage or destruction, and death, whether caused by NEGLIGENCE, breach of contract or otherwise, and whether for bodily injury, property damage or loss otherwise.
You understand there is a 3 hour cancellation policy in effect. There is a $10 cancellation fee ( Unlimited members and New Member Introductory offers only) or loss of class credit if you cancel or no show outside that window. *Note: This does not apply if you were added from the waitlist and are unable to make it.
You hereby permit and authorize NRG Pilates to use, reproduce and/or publish photos and/or videos, should you appear in either, for promotional purposes on it's website, social media platforms, and/or printed materials without compensation.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with NRG PILATES. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and sub-paragraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
WAIVER
No waiver of any of the provisions of this Agreement by NRG PILATES shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by NRG PILATES.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable or otherwise, transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Privacy
1. INTRODUCTION This privacy notice (this “Privacy Policy”) provides you with details of how we (“NRG PILATES”, “us,” or “our”) collect and process your personal data through your use of our sites including, without limitation, nrgpilates.net. This Privacy Policy applies to our information collection and use practices: (i) online when you visit our website; and (ii) offline when you provide information to us. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Service. By providing us with your data, you warrant to us that you are over 13 years of age. We do not knowingly collect Personal Information from children under the age of 13 through the Website. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through the Websites without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases. “NRG PILATES”, is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice). Acceptance of Terms: By visiting our Website, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Service, both of which govern your use of the Website. By providing us information offline, you are also agreeing to the terms of this Privacy Policy. It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at nicky@nrgpilates.net.
2. WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT Personal data means any information capable of identifying an individual. It does not include anonymised data. We may process the following categories of personal data about you:
Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address, email address, phone number, contact details, purchase/order details and your card details (may include a debit card number, credit card number, expiration date, billing address, activation codes, and similar information). Although we will have access to the Billing Information, it will also be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. We do not collect any personal information from Visitors when they use the Websites unless they provide such information voluntarily, such as by registering or sending us an email or signing up for a newsletter. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
Sensitive Data We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences. Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time. We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at nicky@nrgpilates.net. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing. We may process your personal data without your knowledge or consent where this is required or permitted by law.
3. HOW WE COLLECT YOUR PERSONAL DATA We may collect data about you by you voluntarily providing the data directly to us (for example by filling in forms on our site, filling in a survey, or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators. We may also receive data from publicly available sources such as Companies House and the Electoral Register based inside the EU.
4. MARKETING COMMUNICATIONS Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business). Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time. Before we share your personal data with any third party for their own marketing purposes we will get your express consent. You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing us at nicky@nrgpilates.net at any time. If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
5. DISCLOSURES OF YOUR PERSONAL DATA We may have to share your personal data with the parties set out below:
Other companies in our group who provide services to us.
Service providers who provide IT and system administration services.
Government bodies that require us to report processing activities.
Third parties to whom we sell, transfer, or merge parts of our business or our assets. We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
6. DATA SECURITY We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Websites may not be secure, and you should therefore take special care in deciding what information you send to us via email.
7. DATA RETENTION We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements. For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers. In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
8. COOKIES You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
9. CHANGES TO THIS PRIVACY POLICY We may change this Privacy Policy from time to time. By accessing the Websites and/or using our services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.