Terms and Conditions Waiver
These Terms of Service (“Terms” or "Waiver") are a legal agreement between you and Pilates Kollektive INC. (“KOLLEKTIVE,” “us,” or “we”) regarding your use of services available at www.pilateskollektive.com including any downloadable software program that you are accessing or installing on your device or personal computer and the services available through that software program (together, the “Service”).
BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
Pilates Kollektive is a subscription-based system for livestream and ondemand pilates classes, and a scheduling system for in-studio classes. You must enter into a monthly, annual subscription, or use a class card, together referred to as a “Subscription” to use our Service. Users of Pilates Kollektive may log their fitness activities; see, and comment on videos.
You must be 18 years of age or older to use the Service. The Service is not intended for those under the age of 18. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into and abide by these Terms. Use of the Service is void where prohibited.
In order to use the Service, you must create an account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. Inaccurate or incomplete information, may result in suspension or termination of your account and your use of Service.
You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to email@example.com.
In consideration for participating or engaging in online exercise activities, services, classes, events, and other online or in-studio programs of PILATES KOLLEKTIVE INC (“PKI”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in pilates and pilates related activities and exercise equipment in association with the online or in-studio Classes.
You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You understand and acknowledge that fitness or exercise activities, services and/or use of equipment have inherent dangers that no amount of care, caution, instruction or expertise can eliminate. In particular, you understand that the risks associated with your participation in the strenuous exercise include but are not limited to, abnormal blood pressure and heart rate, fainting, and heart attack. You understand that there are also unforeseeable accidents, which may occur, and you assume all risks associated with such accidents. You agree that the equipment being used might malfunction, be defective, and/or fail. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff.
If in the subjective opinion of the PKI staff, you would be at physical risk participating in PKI's classes, you understand and agree that you may be denied access to the online or in-studio classes or until you furnish PKI with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing PKI'S concerns and stating that those concerns are unfounded.
In consideration of taking part in PKI online and in-studio classes and activities, you also represent that you (a) have no medical or physical condition that would prevent you from properly using any of PKI's online or in-studio services,
(b) do not have physical or mental health that would put you in any physical or medical danger, and
(c) have not been instructed by a physician to not participate in physical exercise.
You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using PKI's services.
When you join PKI, you understand and agree that you may receive communications from the other members of the Service. You also understand and agree that individual users are each acting independently and that no user is Pilates Kollektive Inc.'s representative or agent.
The Service may include tools that enable users to arrange in-person meetings. PKI is not involved in arranging or supervising meetings, and has no control over who attends meetings or the actions of any individual at any meeting. Please use caution and good judgment when arranging or attending meetings.
You agree that you bear all risk associated with any meeting you attend, and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service or any meeting you attend. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
I HAVE READ THIS ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY AND WAIVER OF LIABILITY AGREEMENT, FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
I agree with terms above