Terms & Conditions

INTRODUCTION: 

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS & CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Welcome to Rhoë Pilates website. BY ACCESSING OR OTHERWISE USING  THE WEBSITE (THE “SITE”) AND/OR OUR SERVICES (AS DEFINED BELOW), YOU AGREE TO THESE TERMS & CONDITIONS.  Any person or entity who interacts with the Site through the use of crawlers, robots browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site.

If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site and our Services.  These terms govern your use of the site and participation in our Services.

SECTION 1: OUR SERVICES

The Site: This website is operated by Rhoe Pilates LLC. Throughout the site, the terms “we”, “us”, and “our” refer to Rhoe Pilates LLC. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Our “Services” include all goods and services provided or sold by Rhoe Pilates through the Site and at its studios, including but not limited to, in-studio classes and events, off-premise classes and events (whether sponsored by Rhoe Pilates or events for which we participate in any capacity, including fundraisers and charitable events), online classes, and any goods sold or provided by us at one of our studios or at an off-premise location.

SECTION 2: INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights of all content on the Site  including all source code, databases, functionality, software, website design, audio, video, text, photographs, images, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). All content, including images, texts, and logos are property of Rhoe Pilates LLC and may not be used without permission.

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Site “AS IS” for your personal, non-commercial use or internal business purpose only.

SECTION 3: AGE REQUIREMENT

You must be at least the age of majority in your state of residence, and fully able and competent to enter and follow the terms and conditions of these Terms and Conditions. By accessing or using the Site and/or our Services, you represent and warrant that you are at least the age of majority in your state of residence, are legally entitled to enter into these Terms, are legally able to enter into any and all purchase agreements with us, and abide by these Terms and Conditions. Clients must be at least 16 years old to attend classes. A parent or legal guardian must sign a waiver and contract for anyone under the age of 18.  

SECTION 4; MOBILE APPLICATION USERS

The following provisions apply to users of the Rhoe Pilates mobile application (“Application”):

Users of the Apple Application

If you download and/or use our Application(s) for iPhone or iPad: These Terms & Conditions incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at   http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms & Conditions, the Application is considered the “Licensed Application” as defined in the LAEULA and Rhoe Pilates is considered the “Application Provider” as defined in the LAEULA. If any of these Terms & Conditions conflict with the terms of the LAEULA, these Terms & Conditions shall control.

Mobile Service, Internet and Service Fees

The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates, from Rhoe Pilates, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.

The Application may not work with all devices or all mobile carriers. Rhoe Pilates makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

SECTION 5: MODIFICATION TO THESE TERMS

We reserve the right to amend or modify these Terms and Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review and check for changes or updates. You can determine when these Terms & Conditions were last revised by referring to the “LAST UPDATED” legend at the top of these Terms & Conditions.

SECTION 6: PRIVACY POLICY

Your personal information and privacy are important to us. Please refer to our Privacy Policy here.  (link to privacy policy)

SECTION 7: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Rhoe Pilates LLC, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses arising out or otherwise relating to claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you or any claim made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms & Conditions; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.

SECTION 8: CONSENT TO ELECTRONIC COMMUNICATIONS

You consent to receive electronic communications, in the form of automated marketing calls, texts, or emails which may include marketing updates, promotions, discounts, offers for products or services, and studio updates. You acknowledge that message data rates may apply and message frequency may vary. You may opt out of our texts by replying “STOP”.

SECTION 9: TERMINATION

These Terms and Conditions are effective unless terminated by you as the user or by us. You may terminate these Terms and Conditions any time by notifying us that you no longer wish to use our Site or Services. If we suspect that you have failed to comply with any term or provision of these Terms and Conditions, we may also terminate this agreement at any time without notice and you will remain responsible and liable for all amounts up to the date of termination.

SECTION 10: USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Sites, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Sites. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

SECTION 11: NOTICES & ELECTRONIC COMMUNICATIONS

Except as explicitly stated otherwise, any notices you send to Rhoe Pilates shall be sent to: [5300 Centennial Blvd Suite 204 Nashville, TN 37209] via certified mail to [info@rhoepilates.com]. In the case of notices Rhoe Pilates sends to you, you consent to receive notices and other communications by Rhoe Pilates posting notice on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your account. You agree that all agreements, notices, disclosures and other communications that Rhoe Pilates provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

SECTION 12: ARBITRATION AND CLASS ACTION WAIVER

YOU AND RHOE PILATES AGREE THAT IN THE EVENT ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE SITE, OUR SERVICES, OR THE BREACH, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THESE TERMS & CONDITIONS, SUCH CLAIM, DISPUTE OR CONTROVERSY WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS AND CONDITIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT AND USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS, BUT ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.

NOTWITHSTANDING THE FOREGOING: (I) IN LIEU OF ARBITRATION, EITHER YOU OR RHOE PILATES CAN BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IN DAVIDSON COUNTY, TENNESSEE; AND (II) YOU AGREE THAT YOU OR RHOE PILATES MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.   

If you intend to seek arbitration, you must first send written notice (“Notice”) by first class or certified mail to Rhoe Pilates, [5300 Centennial Blvd Suite 204 Nashville, TN 37209  ]. If Rhoe Pilates intends to seek arbitration, Rhoe Pilates will send Notice to the current mailing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within thirty (30) days from the receipt of Notice, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the American Arbitration Associate (AAA) site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party.

The arbitration will be conducted under then current rules of the AAA. The AAA rules are available online at www.adr.org,. Arbitration will be conducted by a single neutral arbitrator, and the seat and venue shall be Nashville, Tennessee, unless otherwise required by law. Judgment on the arbitration award may be entered in any court having jurisdiction.

The Company will pay all arbitration filing, administrative, or arbitrator fees as required by the AAA Rules or applicable law. Each party will bear its own attorneys’ fees and costs, unless the arbitrator determines otherwise under applicable law.

YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND/OR THE SERVICES AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE FEDERAL ARBITRATION ACT (FAA), THE APPLICABLE LAWS OF THE UNITED STATES OF AMERICA, AND THE LAWS OF THE STATE OF TENNESSEE, WITHOUT REGARD TO TENNESSEE’S CHOICE OF LAW PRINCIPLES. UNLESS YOU AND RHOE PILATES AGREE OTHERWISE, IN THE EVENT THAT IT IS DETERMINED OR THESE TERMS & CONDITIONS PROVIDE THAT A CLAIM SHOULD NOT PROCEED THROUGH ARBITRATION, YOU AGREE THAT ANY CLAIM OR DISPUTE (WITH THE EXCEPTION OF A CLAIM OR DISPUTE APPROPRIATELY LODGED IN SMALL CLAIMS COURT IN DAVIDSON COUNTY, TENNESSEE) SHALL BE RESOLVED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF TENNESSEE, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF TENNESSEE FOR ANY SUCH CLAIM, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF TENNESSEE LOCATED IN DAVIDSON COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. YOU AND RHOE PILATES BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.

WAIVER OF CLASS ACTIONS AND JURY TRIAL: THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THE SERVICES, AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS DISPUTES SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND, (2) EXCEPT FOR NEW JERSEY RESIDENTS AND WHERE OTHERWISE PROHIBITED BY LAW, ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

Severability: If any portion of this arbitration provision is found unenforceable, the remainder shall remain in full force and effect.

SECTION 13: LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMER OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

SECTION 14: ASSUMPTION OF RISK

By participating in any Rhoë Pilates classes, events, or activities, you acknowledge that physical exercise carries inherent risks, including the risk of injury. You voluntarily assume all such risks, including those that may arise from the negligence of Rhoe Pilates LLC, its instructors, employees, contractors, or agents. You agree that you are solely responsible for determining your physical fitness and ability to safely participate.

SECTION 15: PAYMENT, CANCELLATIONS, AND REFUNDS

All purchases, including memberships, class packs, and private sessions, are final and non-refundable unless otherwise stated in writing by us. Memberships may auto-renew in accordance with the terms disclosed at purchase. We reserve the right to charge fees for late cancellations, no-shows, or other violations of our studio policies.

SECTION 16: NO GUARANTEE OF RESULTS

We make no guarantees or warranties as to any expected or achieved fitness results, performance, weight loss, or other outcomes. Testimonials and client stories on our website or marketing materials are not a guarantee of your results.

SECTION 17: ERRORS AND OMISSIONS

We do not warrant that information on the Site or Services, including pricing, schedules, or availability, is complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice.

SECTION 18: MISCELLANEOUS

These Terms & Conditions, constitute the entire agreement between you and Rhoe Pilates with respect to the Site and the Services and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

SECTION 19: CONTACT US

If you have any questions about the Terms & Conditions or use of the Site or our Services or our App, please contact us at info@rhoepilates.com.