PILATES INSTRUCTOR COLLECTIVE TERMS OF SERVICE
This Instructor Membership Terms of Service (the “Agreement”) is between You, the user and client, and Body Mechanics, LLC (“Body Mechanics Pilates” or “Mentor” interchangeably).
1. MEMBERSHIP: The Pilates Instructor Collective (the “Membership”) is a signature immersive offering of Body Mechanics Pilates to mentor Pilates instructors. The Membership includes features such as:
Monthly live trainings, including digital manuals to support your learnings
Live Q&A sessions with Mentor
Access to a video library of exercises, including new exercises added monthly
A community chat to engage with your fellow instructors and Mentor
A discounted price for private mentorship sessions
The opportunity to elevate your Pilates career amongst other instructors and industry experts
2. USE OF SERVICE: The Membership is offered to You conditioned on your acceptance without modification of these terms, conditions, and notices contained herein. Mentor has the right to modify, add, or remove any terms without notice or liability to You, and You agree any subsequent use by You of the Membership following the changes shall constitute your acceptance of such change.
2.1 ACCOUNT: Upon your enrollment within the Membership, You will be prompted to create an Account with Body Mechanics Pilates which will be password protected via a unique password which You create. Once created, your Account will provide You with a direct schedule and access the Membership and allow You to store and update billing and contact information.
3. MEMBERSHIP TERMS: Body Mechanic Pilates’ Membership is a monthly, auto-renewing commitment, or a 6-month, auto-renewing contract.
3.1 MEMBERSHIP TERMS: The Membership is made available to you with a limited, personal, non-exclusive, non-commercial use only. In the event Body Mechanic Pilates discovers that You have allowed password sharing, or that You are using the account for more instructors than licenses You have purchased, this will be considered a material breach of this Agreement and your access, and this Agreement will be automatically terminated, per the terms of this Agreement.
3.2 MEMBERSHIP PAYMENT: The Membership can be purchased in a one-time payment or a recurring monthly payment for the duration of the Membership. Your payment amount will be reflected at checkout. Payments made for the Membership are processed by Body Mechanics Pilates via Stripe.
3.3 AUTO-DEBIT: By enrolling in an auto-debit contract via joining the Membership, You authorize Body Mechanics Pilates to, on a recurring basis - on the same of the day of each month of the Membership OR following each 6-month term, automatically charge the debit or credit card account You specified, for the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Body Mechanics Pilates will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. Body Mechanics Pilates may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. Body Mechanics Pilates cannot be held responsible for errors in processing due to expired or inaccurate information.
3.4 REFUND POLICY, CHARGEBACK POLICY: Unless otherwise provided by law, You acknowledge that all sales are final, and Body Mechanics Pilates does not offer refunds for any portion of your payment for any Membership at any time. By agreeing to these Terms, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it. Should You attempt to issue a chargeback, You may lose all access to the Membership.
3.5 MEMBERSHIP CANCELLATION: Your enrollment to the Body Mechanics Pilates Membership will continue automatically until You cancel it in your Account. You may cancel your Membership following the termination of a billing cycle only (monthly or 6-months) meaning You cannot cancel a 6-month Membership midway through your year. Or rather, You may, but there is no refund, per these Terms.
If You are enrolled in the Membership and chose to cancel, You must cancel through your Account, prior to the next billing date, which is the same calendar date / 6-month date as your original date of purchase/enrollment. When You cancel prior to the next billing date, You still maintain access to the paid Membership through the end of your billing cycle – monthly or half-year. If You do not cancel prior to your billing date (monthly or half-year) You will be automatically billed, with no refund, for the subsequent billing cycle and continue to have access until your next billing date, at which point your Membership will be considered canceled and You will not be billed further.
4. ACCESS AND DELIVERY OF SERVICES: After making a purchase from Body Mechanics Pilates, You will be able to access the corresponding materials as follows through your Account.
MEMBERSHIP: Upon confirmed registration and enrollment, You will receive access to the Membership materials (videos, PDF workbooks, calendar invites/links) via your Account. You will have access to the Library for the duration of the Membership. Your access to the Library and related materials will expire in conjunction with your Membership expiration/termination.
4.2 LIMITED LICENSE FOR USE OF THE MEMBERSHIP: Body Mechanics Pilates grants you a non-exclusive, non-transferrable, personal, non-sublicensable, limited right and license to access and use the Membership, including viewing the content and accessing the materials based upon the purchase or membership selected by You or attend the event/workshop you purchased, for non-commercial purposes only.
5. PASSWORD AND SECURITY: To access certain features of the Membership You will need a username and password. You agree to keep this information confidential and not share it with anyone else. For purposes of these Terms “sharing” also refers to live-streaming, screen sharing or screen recording any components of the Membership to another with any non-members, who are receiving the benefits of the Membership without payment.
If Body Mechanics Pilates has reasonable grounds to suspect that You (1) have shared your username and password with anyone else, (2) used the materials and in a way contrary to what is intended and/or agreed upon; and/or (3) shared, disseminated, provided access to, forwarded, or in any other way made known to a non-purchasing user copyrighted materials such as video recordings, digital downloads, workbooks, or any other protected content, Body Mechanics Pilates will automatically terminate Your account, and refuse all current or future use of the Membership, without refund.
6. PERSONAL RESPONSIBILITY, DISCLAIMER & RELEASE OF CLAIMS
6.1 NO GUARANTEED OUTCOMES: You understand that the outcomes obtained from the Membership can be subjective and vary greatly depending upon circumstances and individual effort invested in the process. Enrollment in the Membership does not guarantee that You will take any specific action and does not offer any guarantee of success. As such, You understand that Body Mechanics Pilates makes no guarantee, representation or warranty of any nature or kind that the Membership will be effective or will result in any particular outcome. You agree that You will not hold Body Mechanics Pilates responsible, in whole or in part, for any result that You do or do not achieve.
6.2 PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK: You understand that physical exercise associated with the Membership can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity and encourage that You require the same of your clients. You voluntarily assume any and all risks, known or unknown, associated with your use of the Membership (collectively “Your Participation”). You acknowledge that Your Participation may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (defined below).
Notwithstanding the foregoing, You hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with Your Participation, You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Further You expressly agree to release and discharge Body Mechanics Pilates and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents, contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Membership (the “Released Parties”) from all claims or causes of action and you agree to voluntarily give up or waive any right that You may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.
You agree that Body Mechanics Pilates will not be held responsible in any way for the information that You request or receive through the Membership, nor will Body Mechanics Pilates be responsible for how You use, apply, or engage with the information that You request or receive through the Membership. You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release Body Mechanics Pilates, in their individual capacity and legal capacity, and each of the Released Parties from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that You ever had, now have or may have against Body Mechanics Pilates in the future that may arise from your participation in the Membership, including all services and products, to the extent permitted by applicable law.
6.3 LIMITATION OF LIABILITY, INDEMNIFICATION, RELEASE OF CLAIMS: The information, included in or available through the Membership may include inaccuracies. Changes are periodically added to the information herein. Body Mechanics Pilates may make improvements and/or changes in the Membership at any time. Accordingly, Body Mechanics Pilates makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, and related graphics contained in the Membership for any purpose. To the maximum extent permitted by applicable law, all such information and related graphics are provided ‘as is’ without warranty or condition of any kind. Body Mechanics Pilates disclaims all warranties and conditions regarding this information and related graphics, including all implied warranties or conditions of merchantability, of Body Mechanics Pilates for a particular purpose, title, and non-infringement.
6.4 PRENATAL, PREGNANT, POSTPARTUM DISCLAIMER: You acknowledge and agree that participation in any exercise program, while pregnant or immediately following a pregnancy, or instructing those who are pregnant and/or postpartum, may increase the risk of injury to the participant, and if applicable, the participant’s unborn child. The participant has consulted with a doctor, midwife, or other healthcare provider, regarding participation in an exercise regimen prenatal and/or postpartum and the risks that one may encounter. Participation is considered consent and clearance to engage in an exercise.
Body Mechanics Pilates strongly advises that You, or your client discontinue exercises immediately should your medical condition change (ex: pain, bleeding, discharge, cramps) and that the participant should speak with a healthcare provider immediately before resuming any exercise.
7. USER CONDUCT: As a condition of your use of the Membership, You warrant to Body Mechanics Pilates that You will not use the Membership for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Membership may be used only for lawful purposes relating to streaming and related materials. Body Mechanics Pilates specifically prohibits any use of the Membership, and all users agree not to use the Membership, for any purposes other than designated by Body Mechanics Pilates.
7.1 CODE OF CONDUCT: Body Mechanics Pilates is committed to providing an environment that is free from disrespectful and offensive behavior, and that is safe space for all individuals. Accordingly, harassment, inappropriate, or discriminatory behavior by clients, and/or continued disruptive or incendiary behavior, as determined in the sole discretion of Body Mechanics Pilates, will not be tolerated. Body Mechanics Pilates has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of a training relationship without refund to any client engaging in unacceptable behavior.
7.2 NO UNLAWFUL OR PROHIBITED USE: You may not use Membership Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Membership. You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Membership in any manner.
8. INTELLECTUAL PROPERTY: The Membership is the sole and exclusive property of Body Mechanics Pilates and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.
8.1 COPYRIGHTED CONSENT: Body Mechanics Pilates retains all ownership and intellectual property rights to the Membership content and materials provided to You through the Membership and otherwise, including all copyrights and any trademarks belonging to Body Mechanics Pilates and related entities. The Membership content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, without the prior written permission of Body Mechanics Pilates.
Furthermore, by signing this Agreement You agree to the above terms and understand that Body Mechanics Pilates’ materials are protected by the United States Intellectual Property laws, including the Copyright Act of 1976. You understand and agree that violating the terms of this Agreement as described above may subject You to legal action and that Body Mechanics Pilates will fully pursue all remedies at law against You which it is entitled.
8.2 TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Membership or delivered via the Membership are either owned by Body Mechanics Pilates or a use right has been granted to Body Mechanics Pilates. Your use of the Membership does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in Membership Sites. No license is expressly impliedly granted within or because of your use of the Membership. Without the prior permission of Body Mechanics Pilates, except in the utilization of our widgets or mobile applications, You agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.
8.3 MATERIALS PROVIDED TO BODY MECHANICS PILATES OR POSTED ON THE SITES: Body Mechanics Pilates does not claim ownership of the materials You provide to Body Mechanics Pilates (including feedback, comments, and suggestions) or post, upload, input or submit to the Membership or contribute to group channels (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission You are granting Body Mechanics Pilates permission to use your Submission in connection with the operation of their business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Body Mechanics Pilates is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Body Mechanics Pilates.
By posting, uploading, inputting, providing, or submitting your Submission You warrant and represent that You own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.
9. HOSTING PLATFORM: Body Mechanics Pilates is hosted by and integrated with the following third-party platforms, who are responsible for all login/account information and payment transactions: UScreen, Stripe, and Zoom. In the event of technical issues with your respective account or login, Body Mechanics Pilates refers You to UScreen’s support. Body Mechanics Pilates does not have access to your account details. If You would like more information regarding each platforms’ Terms of Use and Privacy Policies, including how they collect and store information, Body Mechanics Pilates encourages You to visit their websites, which are linked above.
10. TERMINATION AND ACCESS RESTRICTION: Body Mechanics Pilates reserves the right, in its sole discretion, to terminate your access to the Membership, or any portion thereof at any time, without notice.
11. CONTENT RELEASE: You grant Body Mechanics Pilates, its representatives, employees, agents and/or assigns the right to take digital recordation of You and your property while engaging with and/or interacting with Body Mechanics Pilates and/or participating in the Membership with Body Mechanics Pilates, and to use and publish these photos or videos in print and/or electronically.
By agreeing to be filmed, photographed, and/or otherwise documented by Body Mechanics Pilates, You, on behalf of yourself, heirs, representatives, executors, and assigns, irrevocably grant Body Mechanics Pilates the absolute and unrestricted right and permission throughout the universe and forever to copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit by any and all uses such content, with or without my name, without compensation, for any lawful purpose, including but not limited to: publicity, illustration, advertising, and web content. You further agree that Body Mechanics Pilates is the lawful owner of all digital files, and accordingly, waive any right that You may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein your likeness appears, or the use of which may be applied.
12. GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this Agreement is governed by the Laws of the State of Florida and You hereby consent to the exclusive jurisdiction and venue of courts in Florida. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Florida, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of Florida,.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
13. MISCELLANEOUS
13.1 MUTUAL NON-DISPARAGEMENT: Should You have any questions or concerns about the Membership or Body Mechanics Pilates, You agree now to contact Body Mechanics Pilates directly in a mature and professional way rather than to publicly make any negative or critical comments about the Membership or business through social media, public forums, or otherwise. The parties agree not to communicate with any other individual, company, or entity in a way that is harmful or disparaging to the other, whether actual or perceptual, or to do or say anything that is injurious to each other’s reputation, including about the Membership and/or Body Mechanics Pilates business, employees, contractors or agents, or other participants. In arbitration or when required by law, Parties are not prohibited from publicly sharing our thoughts and opinions
13.2 FORCE MAJEURE: In the event that any cause beyond one’s reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for Body Mechanics Pilates to perform any responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, Body Mechanics Pilates is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill the responsibilities and obligations.