Terms and Conditions

1. Introduction

By agreeing to a Membership, class, or session, you accept the Revive Pilates Co, LLC (“Revive”) Terms of Use and the following terms, conditions, and policies, including any future amendments thereto (collectively, the “Agreement”):

If you choose to use the Service, you represent that you are authorized to accept the terms of this Agreement on behalf of yourself or the organization you represent.

Changes and Modifications

Revive reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Such changes will become effective immediately after they have been posted to the http://www.revivepilatesco.com website or Revive has otherwise notified you of the change. Though Revive may attempt to notify you when major changes are made to this Agreement, you should periodically review the most recent version of these Terms of Use – which is always available from a link on our Service. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes.

  1. Purchasing any memberships, you agree to monthly auto payments until you notify us to cancel the memberships.

  2. Your membership will commence from the date of purchase unless otherwise arranged with Revive.

  3. Memberships will continue with scheduled auto payments unless notified in writing with 30 days notice.

  4. Refunds are not accepted and memberships are non-transferable between individuals.

  5. Class packs of 5 and 10 sessions will expire 3 months after purchase. Class packs of 20 expire 6 months after purchase

  6. Scheduling adjustments must be made through the Revive Pilates Co website or mobile ap.

  7. Late cancel policy – cancellations must be made at least 8 hours before class. For cancelations made within 8 hours of a class:

    • Unlimited members are charged a $15 late cancel fee

    • Limited memberships or class packs: are charged the $15 late cancel fee, but are not deducted a class from their membership package.

  8. No show policy – if client fails to show up to their scheduled class:

    • Unlimited members pay a $20 fee

    • Limited members (8 or 12 class per month package) or class packs: lose the reserved class

  9. All penalty fees are charged automatically to the card on file within 24-36 hours of the late cancellation or no-show.

  10. Limited memberships (8 or 12 class per month packages) and class packs must be used with the billing cycle; unused sessions do not roll over.

  11. In the case of long-term or permanent injury or illness that prevents the use of our services, immediate membership termination will be permitted. Termination will take effect from the date we receive written confirmation from a medical doctor.

  12. Memberships may be subject to a price increase. You will be notified in writing at least 30 days prior to any change that will impact an active membership.

  13. Revive may terminate a membership without notice for inappropriate, offensive, or illegal behavior, as determined by Revive’s sole discretion, which occurs on our premises or is directed at our staff or other clients.

I agree that Revive will not be held responsible for any lost or stolen personal belongings. I understand classes may be physically strenuous and that full care must be taken when receiving instructions and performing exercises. I accept that there is a potential risk of personal injury, property loss, or death, and I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Revive or its members for any personal injury, property damage/loss, or wrongful death, whether caused my negligence or otherwise.

Memberships

1. Membership options are as follows:

  • An 8 class per month package

  • A 12 class per month package

  • Prepaid 3-month, 6-month and 12-month unlimited packages.

2. All memberships require a minimum commitment of 3 months

3. Revive reserves the right to close the facility for repair and renovation for not more than 7 consecutive days or not more than 2 periods of 7 consecutive days in any 6 consecutive month timeframe. Any closures within these parameters will not justify any refund of membership fees.

Definitions.

  • “Agreement” refers to these Waiver/Release/Assumption of risk terms;

  • “Revive” refers to our company, Revive Pilates Co, LLC ; our Site; our Service; or any combination thereof;

  • “Service” refers to all the services and products that we provide, including our Site;

  • “Site” refers to our website, www.revivepilatesco.com;

  • “User” refers to anyone who uses our Service, including general visitors to our Site;

  • “You” refers to you, the person who is entering into this Agreement with Revive.

3. Revive and www.revivepilatesco.com provide exercise services and products. Subject to this agreement, anyone is eligible

to use this Site, but must be over 18 and agree to these terms to participate in any service or product. By purchasing a Service sold by Revive, you electronically agree to these terms.

4. Eligibility. In order to use our Service, you must meet a number of conditions, including but not limited to, being less than 18 years of age and providing us with personal information, payment information, and other information that we deem necessary to provide you with our Service.

5. Professional Advice and Medical Disclaimer. Revive and all subsequent services and products are not medical advice and are not to replace the advice of health care professionals. YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT PURCHASE ANY SERVICE OR PRODUCT PROVIDED BY REVIVE OR OUR WEBSITE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY. THE SERVICES OFFERED BY REVIVE AND THIS SITE IS FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICE OR PRODUCT IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL,

PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THIS SITE OR ANY RELATED SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.

6. Waiver/Release/Assumption of Risk Terms. By participating in or purchasing a Service, you have volunteered to participate in an exercise program, provided to you by Revive. You understand this participation may include, but may not be limited to, resistance training and aerobic or cardiovascular exercise. In consideration of Revive’ agreement to instruct and train you, you do here now and forever release and discharge and hereby hold harmless Revive and its respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation in this or any exercise program, including any injuries resulting therefrom.

THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT BELONGING TO TRAINER OR TO YOURSELF THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT; (3) AND/OR NEGLIGENT INSTRUCTION OR SUPERVISION.

By purchasing any Service provided by Revive, you agree that you have been informed of, understand and are aware that any exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. You also have been informed of, understand and are aware that any exercise activities involve a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death, and that you are voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved.

You hereby agree to expressly assume and accept any and all risks of injury, regardless of severity, or death.

By purchasing any Service provided by Revive, you signify that you have been advised that an examination by a physician should be obtained by anyone prior to commencing an exercise program, or initiating a substantial change in dietary guidelines or the amount of regular physical activity performed. If you have chosen not to obtain a physicians consent prior to beginning a Service with Revive, you hereby agree that you are doing so solely at your own risk.

WAIVER & RELEASE OF LIABILITY -- YOU ACKNOWLEDGE THAT YOU HAVE THOROUGHLY READ THIS PAGE IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT TO WHICH YOU WILL BE BOUND, AND UNDER WHICH WILL BE WAIVING IMPORTANT LEGAL RIGHTS. YOU ARE AWARE AND AGREE THAT BY PURCHASING ANY SERVICE PROVIDED BY REVIVE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST REVIVE FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT. YOU HAVE READ AND VOLUNTARILY PURCHASED A SERVICE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAS BEEN MADE. YOU AGREE, FOR YOURSELF, YOUR SPOUSE, CHILDREN, SUCCESSORS, HEIRS AND ASSIGNS, AND YOUR EMPLOYEES, AGENTS, OR CONTRACTORS, THAT THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS, AND THAT SHOULD YOU OR YOUR SUCCESSORS ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST ANY SUCH ACTION.

DO NOT SIGN WITHOUT READING.

This form is an important legal document that explains the risks you are assuming by beginning a wellness and exercise program. It is critical that you have read and understand this document completely. If you do not understand any part of this document, it is your ultimate responsibility to ask for clarification prior to signing it.

7. Representations & Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. WE MAKE NO WARRANTY OF ANY KIND, IMPLIED

OR EXPRESS, AS TO THE ACCURACY OF THIS SITE, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR

SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.

Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

8. Any and all matters arising from the Service or your relationship with Revive shall be construed in accordance with the laws of the State of Minnesota, and if any part or portions hereof shall be determined to be invalid, illegal or unenforceable in whole or in part, neither the validity of the remaining part of such term nor the validity of any other term of this agreement, shall in any way be affected thereby. The venue for any action brought pursuant to the terms of this agreement shall be in Olmsted County, Minnesota. The parties hereby waive any right they may have to transfer or change the venue of any litigation resulting hereunder.

Policies and Rules

  1. Grip socks are required to be used by all participants for safety and hygiene reasons. Grip socks are available for purchase at the studio as needed.

  2. Participants are expected to arrive at least 5 minutes before the start of a class.

  3. Late arriving participants will have a 5 minute grace period, after which entry will not be permitted for safety reasons and to avoid the disruption of the flow of class. Arriving after the 5-minute grace period will be deemed a no-show.

  4. Revive may adjust classes, schedules, instructors, and policies at any time. Please check our website on a regular basis to be aware of any such changes.

  5. In the event of inclement weather, Revive reserves the right to cancel class for the safety or staff and participants.