Pink Hour Pilates - Terms and Conditions of Service

STELLA STRAWBERRY LLC, doing business as Pink Hour Pilates ("we," "us," or "our"), provides access to our studio, sessions (“classes”), and services under the following Terms and Conditions of Service. By purchasing a monthly membership, class bundle, or any other service, you ("Client," "Member," "you") agree to be bound by these terms. Please read them carefully before making a purchase.

1. Monthly Membership Terms

A monthly membership grants you access to unlimited group classes and one (1) private session per calendar month. Classes included in the monthly membership are subject to change.

  • Payment and Billing: Upon signup, you will be charged for a full month. There are no signup fees. Your membership will automatically renew on a monthly basis from the date of your initial purchase until you cancel.

  • Changes to Classes and Pricing: We reserve the right to change our class schedule, including the number and types of classes available, at any time. We also reserve the right to change the monthly membership rate at our discretion. If we decide to increase the monthly rate, we will notify you at least seven (7) days before the new rate takes effect. Your continued use of our services after this notice constitutes your agreement to the new rate.

  • Private Sessions: The two private sessions included in your membership do not carry over to the next month if unused. They must be used within the calendar month for which they are purchased.

  • Cancellation and Refunds: You may cancel your membership at any time without a cancellation fee. Cancellations can be made on our website, in person, or by emailing us at stellastrawberry@pinkhourpilates.com. If you cancel your membership, you will not receive a refund for the remainder of the current month's membership fee. Your access to services will continue until the end of that billing period.

  • Non-Transferable: Memberships are non-transferable and can only be used by the person who purchased them.

  • Booking Policy: Unlimited memberships do not permit the multiple booking of the same session at the same time.

2. Class Bundle Terms

Class bundles allow you to purchase a specific number of classes at a discounted rate. Classes included in the bundle are subject to change.

  • No Refunds: All class bundle purchases are final and non-refundable. Once a bundle is purchased, no refunds will be issued.

  • Transferability: Class bundles are transferable to other individuals.

3. Booking and Unique ID

Upon purchasing a membership or bundle, you will receive a unique code via the email address you provide. This code is your unique identifier for our services.

  • This code must be applied when booking sessions to receive the discounted rate.

  • If you create an online account before your purchase, the unique code will be automatically tied to your account.

  • If the code does not automatically apply at checkout, you can manually enter it by selecting the "Package, gift, or coupon code" option.

4. Class Cancellation Policy

  • Cancellations by Pink Hour Pilates: We reserve the right to cancel or reschedule a class for any reason. In the event of a cancellation by us, we will notify you and provide a full refund for the canceled session.

  • Cancellations by Client:

    • Early Cancellation: You may cancel a booked class up to 12 hours before the scheduled start time to receive a full refund.

    • Late Cancellation: Cancellations made within the 12-hour window before the class start time will result in forfeiture of the class and a charge for the full session price.

  • No-Show Policy: If you are a no-show for a booked class without prior cancellation, you will be charged for the full session and the class will not be refunded.

5. Assumption of Risk and Waiver of Liability

You acknowledge that physical exercise, including Pilates, can be strenuous and carries with it certain inherent risks of injury or death. You are voluntarily participating in these activities with knowledge of the dangers involved.

By agreeing to these terms, you:

  • Affirm that you are in good physical condition and do not suffer from any known disability or condition that would prevent or limit your participation in physical activity.

  • Acknowledge that you have been advised to consult with a physician before beginning any exercise program.

HEREBY RELEASE AND HOLD HARMLESS STELLA STRAWBERRY LLC (Pink Hour Pilates), its owners, employees, agents, and affiliates FROM ANY AND ALL CLAIMS, demands, injuries, damages, or actions for negligence that may arise from your participation in any classes or use of the studio facilities, regardless of whether such claims arise from the negligence of the released parties or otherwise.

6. Studio Policies and Code of Conduct

  • Right to Refuse Service: We reserve the right to refuse or terminate service, membership, or access to our facilities for any reason, including but not limited to disrespectful behavior towards staff or other clients, failure to comply with studio rules, or non-payment.

  • Personal Property: Pink Hour Pilates is not responsible for any lost, stolen, or damaged personal property.

7. General Provisions

  • Modifications to Terms: Pink Hour Pilates reserves the right to modify these Terms and Conditions at any time. Any changes will be posted on our website and become effective immediately.

  • Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of Arizona.

Pink Hour Pilates - Membership Agreement

Based on the example you provided, here is a template for a new Membership Agreement. It maintains the structure and language of your original document while leaving space for you to fill in your specific business details.

MEMBERSHIP AGREEMENT

On this date, the undersigned individual (hereinafter "the Member") hereby purchases a Membership (hereinafter "Membership") from [Your Business Name] (hereinafter "the Club"), subject to the terms and conditions and obligations set forth herein. This Membership is a license for the Member to use the facilities of the Club during the Membership term hereof as long as the Member is not in violation of the terms hereof or the Rules and Regulations of the Club.

COST OF MEMBERSHIP

Member agrees to pay:

+ Membership Dues

= Total Contract Price

  • Less Down Payment

    = Unpaid Balance

Member agrees to pay the Unpaid Balance above in equal monthly installment payments of the membership selected on the Pink Hour Pilates website.

At the end of the initial term, this Membership shall renew automatically as a month-to-month Membership at the monthly membership rate shown at checkout per month until the Member gives the Club a notice of cancellation via the website. At any point, the Club may increase or decrease the membership fees. Automatic Checking Account Transfers and Automatic Credit Card Transfers will be processed through the bank on the day of purchase of each month.

AUTHORIZATION FOR ELECTRONIC FUNDS TRANSFER

Member hereby authorizes Member's bank to charge Member's account and authorizes the Club to automatically charge the account inputted in the amount displayed during checkout (Monthly Membership Dues), plus all other amounts owed as agreed herein. Member also authorizes the Club to issue to the bank any new information on the below account.

Any failure to pay the Member's monthly dues by its due date will terminate the Member's right to use the Club and make any Unpaid Balance to become immediately due and payable. The failure to demand a late fee on any one installment will not be a waiver of the Club's right to collect on any subsequent late fee. In the event of any payment default herein, the Club shall be entitled to actual and reasonable costs of collection, including attorney's fees and collection agency fees. Failure to use the facilities of the Club does not relieve the Member of their payment obligation.

CANCELLATIONS:

Cancellations can be processed via the Acuity system. Upon purchase of a Membership, an email will be sent to the selected email at checkout. This email contains the link to process cancellations in Acuity. Alternatively, memberships can be canceled verbally. There is no fee for cancellation.

NOTICE TO MEMBER:

  1. DO NOT SIGN THIS AGREEMENT IF IT CONTAINS ANY BLANK SPACES. BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD IT.

  2. VERBAL CANCELLATIONS, PHONE CALLS, AND FAXES ARE NOT EFFECTIVE. THERE WILL BE NO REFUNDS OF ANY AMOUNT PAID UNDER THIS AGREEMENT, EXCEPT AS REQUIRED BY LAW. MEMBER AGREES THAT ANY CHANGE AFFECTING THIS AGREEMENT MUST BE RECEIVED IN WRITING AT LEAST 30 DAYS IN ADVANCE OF ITS EFFECTIVE DATE. MEMBER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED OUT COPY OF THIS AGREEMENT.

Initial Rules and Regulations

As a further condition of the Membership, the Member agrees to follow all the posted Rules and Regulations of the Club. The Member agrees that the Club may revise the Rules and Regulations, from time to time, at its sole discretion, which shall become effective upon posting at the Club.

Agreement and Notices

Member agrees that this is the sole agreement between parties. No oral modifications are valid. Any change affecting this Agreement must be done in writing 30 days in advance of its effective date. All written notices must be delivered in person or by email to the address specified in this contract. Verbal, telephonic, and facsimile transmissions (faxes) are not effective as written notice.

Cancellations

(Initial) Member may cancel this agreement at will. There is no cancellation fee. The remaining balance of the month canceled will not be refunded or prorated.

Revocations

The Member agrees that the Club may revoke this Membership in the Club's sole discretion, by giving written notice to the Member.

Refunds

There will be no refunds of Membership Fees or any other fees. This includes all paid-in-full Memberships. The Initiation Fee and the Processing Fee are earned by the Club upon execution of this agreement and are non-refundable. Monthly Membership Fees are fully earned by the Club on the day of purchase of that month, and there will be no refund of a Membership Fee for a partial month. Paid-in-full agreements are non-refundable.

Gym Attire

(Initial) Members must always wear proper gym attire when working out. Jeans and denim shorts are not permitted. Boots and shoes with rough soles are not permitted as they will damage the flooring and gym equipment. Members must practice regular hygiene. Shoes of any kind and socks are not permitted in the area to ensure the cleanliness of the mats. Members are required to leave their gym bags, water bottles, and towels along with any other personal items in the designated cubby or locker area. No items are to be left on the floor or on the area. WE ARE NOT RESPONSIBLE FOR ANY PERSONAL ITEMS LEFT BEHIND.

Assignments

This agreement may be assigned by the Club without notice to the Member.

Personal Property

Member agrees that personal property shall not be left at the Club after the close of business. Member hereby transfers all right, title, and interest to any personal property left on the premises or in a non-rented locker at the close of business each day. Member waives any notice for the Club to sell, transfer, or dispose of any such personal property. Member agrees that the Club is not responsible for any lost or stolen property.

Assumption of Risk and Release of Liability

Member acknowledges that he/she has no physical impairments and that the activities offered by the Club inherently involve the possibility of injury, financial loss, or death. Member knowingly and voluntarily assumes the sole risk, liability, and the full responsibility for such injury, financial loss, or death resulting from the use of the Club's facility, equipment, and/or instruction, even if such injury is caused by negligence. As additional consideration for this Membership, member does hereby for Member, Member's heirs, executors, administrators, successors, and assigns, release, acquit and forever discharge the Club, [Your Business Name], its employees, agents, contractors, trainers, principals, servants, executors, administrators, successors, insurers, insurer's agents, and all other persons, firms, corporations, associations, and partnerships, from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of services, expenses and compensation whatsoever, whether known and unknown, foreseen or unforeseen, anticipated or unanticipated, which the Member may have or which may hereafter accrue on account of or in any way growing out of the use of the Club, its facilities or its courts including any injury, financial loss, or death, by the Member or guest.

General Provisions

Member declares that this agreement contains the entire agreement between the parties and that the terms are contractual and not merely recitals. Member is of legal age and capacity and willingly enters into this agreement. Member has read and understood all of the provisions of this agreement and agrees to be bound by them.

If any provision is found to be invalid or unenforceable, the remainder will remain valid and enforceable. Any disputes hereunder will be interpreted in accordance with Arizona law with venue in Pima County.