Terms and conditions
The Mind 2 Body Website (hereinafter referred to as the “Website”) is designed to provide you with information about Mind 2 Body Studio Lani Pelino, Mind 2 Body Emissaries (collectively “Mind 2 Body”), and our programs and educational products. Additionally, the Website means to bring together a community of pilates and GYROTONIC® practitioners and students who are dedicated to their craft(s) of teaching and experiencing pilates and the GYROTONIC® exercise method. The Website is owned by Mind 2 Body Studio. These Terms & Conditions of Use (this “Agreement”) apply to all products, services and Websites offered by Mind 2 Body Studio, the mobile or tablet versions thereof, any Mind 2 Body™ software, and any applications created by Mind 2 Body™ whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Service”). Please note that the availability of any Mind 2 Body™ applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Mind 2 Body™ and such social networking site, mobile or tablet device, or internet television or other technology platform.
Acceptance of Terms This Agreement sets forth legally binding terms for your use of our Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Student” (which means that you have registered on the Website as a student or customer). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
General Registration Requirements If you wish to become a user or customer or communicate via the Website with other users, and/or otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mind 2 Body™ reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership/studentship on the Website is void where or if law prohibits it.
Website Content (as defined in Section 6) is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Mind 2 Body™. Mind 2 Body™ reserves all rights not expressly granted in and to the Website and the Content.
You may access Website and Content as available: for your information and personal use; and as intended through the normal functionality of the Mind 2 Body™ Service
All course materials (presentation slides, recording links and other documents) are proprietary and are meant for your individual use only. Please do not copy or otherwise distribute course materials or recordings. Your tuition is in exchange for one student’s participation. We understand and appreciate the economy of participating as a group. While we encourage group interaction and community development, we ask everyone participating to please register individually, and please confirm amongst each other that all members of your group are registered to attend. To the extent you are hoping to participate in a group and all members of the group are not registered or able to register, you may always contact us with requests for aid and/or scholarships. We do our best to accommodate all students who wish to join us for study. Accordingly, please do not share your login credentials with any third party.
Health Disclaimer Physical exercise, in all of its forms and with or without the use of equipment such as reformer, Cadillac, wunda chair, high chair, arm chair, ladder barrel, pilates tower unit, pilates accessories, Gyrotonic®pulley tower, archway, jumping stretching board, leg extension unit, GYROTONER® or any other equipment that may be suggested by a Mind 2 Body™ instructor, is a strenuous physical activity. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. Your agreement acknowledges that you understand that in a pilates and / or Gyrotonic® sessions, you will progress at your own pace. If you experience any pain or discomfort, you will listen to your body and ask for support from the teacher. You will continue to breathe smoothly. If at any point you feel overexertion or fatigue, you will honor your body, respect its limitations, and rest before continuing your session. Pilates and / or Gyrotonic®is not a substitute for medical attention, examination, diagnosis or treatment. Pilates and / or Gyrotonic®is not safe under certain medical conditions and this studio recommends that you consult with a doctor before beginning this or any exercise routine.
Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment. Mind 2 Body™ is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, moves and instruction are not required to be performed by you and are carried out at your election while engaging in Mind 2 Body™ offerings. Nothing contained in this Website or in our live programming should be construed as any form of such medical advice or diagnosis. By agreeing, you acknowledge that participation in private sessions and classes exposes you to a possible risk of personal injury. You are fully aware of this risk and hereby release Mind 2 Body™, its owners, and/or its instructors from any and all liability, negligence or other claims arising from, or in any way connected with, your participation in pilates and or the Gyrotonic®exercise method.
You affirm that you, alone, are responsible for deciding to practice pilates and the Gyrotonic®exercise method, and hereby agree to irrevocably release and waive any claims that you have now, or hereafter may have, against Mind 2 Body™ its owners, and/or its instructors. Your agreement in checking the box upon checkout acknowledges that you shall not now or at any time in the future, bring any legal action against Mind 2 Body™ its owners and/or its instructors; and that this waiver is binding on you, your heirs, your spouse, your children, your legal representatives, your successors and your assigns. Your agreement further verifies that you are physically fit and a licensed medical doctor has verified your physical condition for participation in this type of private session and / or class. If you are pregnant, become pregnant or are post-natal, checking the box upon checkout verifies that you are participating in pilates and / or Gyrotonic®exercise method with your doctor’s full approval. Your agreement is binding to this liability waiver from this day forth.
Minors Mind 2 Body’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Mind 2 Body™ you are representing that you are eighteen (18) years of age or older.
Student Account, Passwords and Security If you register on the Website, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. Should you agree to store your credit card information in our online store, you acknowledge and accept the risks associated with housing your financial data on our Website server(s). You understand that systems of this sort may be susceptible to breach by hackers, despite Mind 2 Body’s reasonable efforts to protect consumer data in accordance with applicable law. You agree to (a) immediately notify Mind 2 Body™ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Student’s account without prior authorization from Mind 2 Body™. Mind 2 Body™ will not be liable for any loss or damage arising from your failure to comply with this Agreement.
Prohibited Conduct You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information from other Members;
involves commercial activities and/or sales without Mind 2 Body’s™ prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
denigrates, ridicules, or demeans another person; or
contains a virus or other harmful component.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Mind 2 Body™ servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
Responsibility for Content You, and not Mind 2 Body™, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Website. Mind 2 Body™ does not control the Content posted via the Website and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Mind 2 Body™ be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Termination or Suspension of Account You agree that Mind 2 Body™ may at any time and for any reason, including a period of account inactivity, terminate your access to Mind 2 Body™ Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
Security Components You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Mind 2 Body™ and/or content providers who provide content to Mind 2 Body™. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.
Proprietary Rights All materials on the Website, including, without limitation, names, logos, trademarks, online courses, course or training material, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Mind 2 Body™ or by third parties that have licensed or otherwise provided their material to Mind 2 Body™. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Mind 2 Body’s™ prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
Non-commercial Use The Service may not be used in connection with any commercial purposes, except as specifically approved by Mind 2 Body™. Unauthorized framing of or linking to any of the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
License to Your Content By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through the Website or the Service, you hereby grant to Mind 2 Body™ a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such content on and through the Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but Mind 2 Body™ has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on Mind 2 Body™’s servers after the Content appears to have been removed from the Website, and Mind 2 Body™ retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through the Website or the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through the Website or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
Mind 2 Body™ and Third Parties Our Website contains Content of Mind 2 Body™, and may contain Content of third party licensors to Mind 2 Body™ (including content provided by users of the Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Mind 2 Body™ owns and retains all rights, title and interest in the Mind 2 Body™ Content. Mind 2 Body™ hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Mind 2 Body™ Content and any third party Content located on or available through the Website or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing the Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Website or Service.
Any dealings with third parties included within or on the Website involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Mind 2 Body™ is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Mind 2 Body™ or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. Mind 2 Body™ encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Mind 2 Body™ works to ensure the information on the Website is current and accurate, Mind 2 Body™ does not warrant the accuracy of any information contained on the Website (including information provided by instructors) or its fitness for any particular purpose.
International Use Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Infringement Policy Mind 2 Body™ reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or the Website by any user who is alleged to have infringed on the intellectual property rights of Mind 2 Body™ or of a third party, or otherwise violated any intellectual property laws or regulations. Mind 2 Body™’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Mind 2 Body™ to delete, edit, or disable the material in question, you must provide Mind 2 Body™ with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mind 2 Body™ to locate the material; (d) information reasonably sufficient to permit Mind 2 Body™ to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Mind 2 Body™ by email email@example.com with a return receipt acknowledgement.
Member Disputes You are solely responsible for your interactions with other customers or members. Mind 2 Body™ reserves the right, but has no obligation, to monitor or mediate disputes between you and other members and/or students.
Term and Termination This Agreement shall remain in full force and effect for so long as it is posted on any of the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website.
Mind 2 Body™ reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Mind 2 Body™ believes that you have breached any of the terms of this Agreement, furnished Mind 2 Body™ with false or misleading information, or interfered with use of the Website or the Service by others.
No Sharing. Members/customers of Mind 2 Body™ (especially customers of our online courses or products) may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Mind 2 Body™ as fraudulent use of the Website, which will result in the immediate cancellation of membership/studentship without refund. When becoming a Member/Student you agree to take all actions possible to protect your username and password from fraudulent use.
Fraudulent Use: Mind 2 Body™ reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
Disclaimer of Warranties YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, Mind 2 Body™, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Mind 2 Body™ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Mind 2 Body™ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR COURSE CONTENT AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
Mind 2 Body™ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Mind 2 Body WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation on Liability IN NO EVENT SHALL Mind 2 Body™, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Mind 2 Body™ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE Mind 2 Body™ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Mind 2 Body™ SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY Mind 2 Body™ OR ANY OF ITS EMPLOYEES. Mind 2 Body™ IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON THE WEBSITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS WEBSITE, NOR DOES Mind 2 Body™ WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
Mind 2 Body™ RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE WEBSITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE.
Exclusions and Limitations Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
Indemnity You agree to defend, indemnify and hold harmless Mind 2 Body™, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
Additional Terms We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium Content through the Website, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
Modification and Discontinuation We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the Website.
Assignment This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mind 2 Body™ without restriction.
Waiver and Severability of Terms The failure of Mind 2 Body™ to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Statute of Limitations You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Governing Law and Venue This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Mind 2 Body™ that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. You agree that: (a) the Website shall be deemed solely based in California; and (b) the Mind 2 Body™ Website shall be deemed a passive website that does not give rise to personal jurisdiction over Mind 2 Body™, either specific or general, in jurisdictions other than California.
Ability to Accept Terms of Service You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
General Mind 2 Body™ reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
Questions If you have any questions or comments regarding this Agreement or the Website, feel free to contact us by e-mail. firstname.lastname@example.org
PILATES STUDENT WAIVER AND PHOTO RELEASE
By utilizing Mind 2 Body™ website and/or signing up to participate in our programs online or in person, I understand that pilates and the Gyrotonic® exercise method includes physical movements as well as an opportunity for relaxation, stress reduction and relief of muscular tension. Participation in pilates and the Gyrotonic® exercise method includes, but is not limited to, participation in private sessions, duet sessions, semi private sessions, and breathing techniques. Pilates and the Gyrotonic® exercise method is designed to exercise every part of the body, toning the muscles, joints, spine and entire skeletal system. It also works on the internal organs, glands and nerves, and incorporates sustained stretching to strengthen muscles and increase flexibility. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. My signature acknowledges that I understand that in a pilates and or Gyrotonic® class, I will progress at my own pace. If I experience any pain or discomfort, I will listen to my body, adjust the exercise, use props or accessories, and ask for support from the teacher. I will continue to breathe smoothly. If at any point I feel overexertion or fatigue, I will honor my body, respect its limitations, and rest before continuing my session. Pilates and / or Gyrotonic® is not a substitute for medical attention, examination, diagnosis or treatment. Pilates and / or Gyrotonic® is not safe under certain medical conditions and this studio recommends that you consult with a doctor before beginning this or any exercise routine.
I acknowledge that participation in Pilates and / or Gyrotonic® exposes me to a possible risk of personal injury. I am fully aware of this risk and hereby release Mind 2 Body™, its owners, and/or its instructors from any and all liability, negligence or other claims arising from, or in any way connected with, my participation in pilates and the Gyrotonic® exercise method.
I affirm that I, alone, am responsible for deciding to practice pilates and the Gyrotonic® exercise method, and hereby agree to irrevocably release and waive any claims that I have now, or hereafter may have, against Mind 2 Body™, its owners, and/or its instructors. My signature acknowledges that I shall not now or at any time in the future, bring any legal action against Mind 2 Body™, its owners and/or its instructors; and that this waiver is binding on me, my heirs, my spouse, my children, my legal representatives, my successors and my assigns. My signature further verifies that I am physically fit and a licensed medical doctor has verified my physical condition for participation in this type of class. If I am pregnant, become pregnant or am post-natal, my signature verifies that I am participating in pilates and / or Gyrotonic® exercise method with my doctor’s full approval. My signature is binding to this liability waiver from this day forth.
Additionally, I understand that Mind 2 Body™, often records and or photographs its events and portions thereof, and I hereby grant Mind 2 Body™,, and its heirs, legal representatives, and assigns, and those acting with it’s authority and permission to take, use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included, in whole or in part, or composite or distorted (with the understanding that Mind 2 Body™, will do it’s reasonable best not to misrepresent or distort me) in character or form, without restriction as to changes or alterations, in conjunction with or without my name, or reproductions thereof in color or otherwise, made through any medium, and in any and all media now or hereafter known, including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose that serves the growth and reach of pilates worldwide. I hereby consent to these activities and assign any such film or photos to Mind 2 Body™, without restriction. I consent to the use of any published matter in conjunction with such photographs. I hereby waive any rights if approval of same and waive the right to approve the use to which they may be applied, so long as said matter is not used for pornographic or lascivious purposes.
I hereby release, discharge, and agree to hold harmless Mind 2 Body™, it’s heirs, legal representatives, and assigns, and all persons acting under it’s permission or authority or those for whom it’s is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of such photographs or in any subsequent processing of them, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy.
I hereby warrant that I am of full age and have the right to contract in my own name. I have read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents of this document.
This document shall be binding upon me and my heirs, legal representatives, and assigns.
Date last modified: March 1, 2017