TERMS OF USE

These Terms of Use (“Terms”) govern access to and use of Kinetic Studios LLC d/b/a Kinetic Pilates’ (the “Studio”, “we”, “us”, or “our”) website, any mobile application, and related online platforms, booking interfaces, and digital services (collectively, the “Site”). By accessing or using the Site, creating an account, submitting information through the Site or a Third-Party Service, clicking to accept or agree where that option is made available, booking services through the Site or a Third-Party Service, completing a waiver or intake form electronically, or otherwise signing or accepting electronically in connection with our services, you agree to be bound by these Terms.

  1. Use of the Site; Acceptable Use

    You may use the Site for lawful purposes only, including learning about our services, creating or managing your account, completing intake forms, communicating with us, and booking classes or sessions. You agree not to (a) misuse the Site or interfere with its operation; (b) attempt to access non-public areas of the Site or Studio systems; (c) probe, scan, or test the vulnerability of any system or network; (d) introduce malware or other harmful code; (e) use any robot, scraper, crawler, or other automated means to access the Site without our prior written permission; (f) engage in activity that is fraudulent, threatening, harassing, defamatory, obscene, or otherwise objectionable; or (g) violate any applicable law or regulation. We may suspend or terminate access to the Site at any time if we believe you have violated these Terms or if necessary to protect the Site, the Studio, or others.

  2. Studio Services & Policies:

    Class booking rules, membership terms, payment obligations, cancellations, expirations, required waivers, electronic acknowledgements, consents to electronic records and signatures, and related studio policies are governed by your separate Membership Agreement, waiver/release, online checkout or booking flow, and/or studio policy documents (collectively, “Studio Policies”). Privacy practices applicable to the Site are described in the Privacy Policy below, and additional third-party terms or privacy notices may apply when you use a Third-Party Service to create an account, book classes, make purchases, sign forms, receive messages, or otherwise interact with us. To the extent there is a conflict between these Terms and the applicable Studio Policies regarding in-studio services, billing, bookings, or required waivers and acknowledgements, the Studio Policies will control.

  3. No Medical Advice

    Content provided on the Site or verbally instructed during class is for informational purposes only and does not constitute medical advice, diagnosis, or treatment. Studio instructors are not medical professionals. Your use of the Site and participation in Studio services does not create a doctor-patient (or other healthcare provider-patient) relationship. You should consult a physician or other qualified healthcare provider before beginning any exercise program, including Pilates, and regarding any medical questions or concerns.

  4. Intellectual Property; License

    All content on the Site, including text, logos, trademarks, graphics, images, audio, video, design elements, and software (collectively, “Content”), is owned by or licensed to the Studio and is protected by intellectual property laws. Subject to your compliance with these Terms, the Studio grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content for your personal, non-commercial use. Except as expressly permitted in these Terms, you may not copy, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform, or otherwise exploit any Content without the Studio’s prior written consent. All rights not expressly granted are reserved.

  5. User-Generated Content

    If you submit, post, upload, transmit, tag, mention, review, or otherwise make available any content that references, tags, depicts, or relates to the Studio or the Site (including photos, videos, testimonials, comments, and reviews) (collectively, “User Content”), you retain any ownership rights you may have in such User Content; however, you grant the Studio a worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, transferable license to use, host, store, reproduce, modify (for formatting and editing purposes), create derivative works from, publish, display, perform, distribute, and otherwise exploit such User Content in connection with operating, improving, and marketing the Studio and the Site, in any media now known or later developed. You represent and warrant that you have all rights and permissions necessary to grant this license and that the User Content does not infringe or violate any third-party rights or applicable law.

  6. Third-Party Services; Booking Platforms; Electronic Communications and E-Sign Consent; Disclaimers; Limitation of Liability; Indemnity; Governing Law & Venue

The Site may integrate or link to third-party websites, apps, tools, and services (including booking platforms, customer relationship management systems, payment processors, waiver and e-sign tools, text/email communication providers, advertising services, and analytics providers) (“Third-Party Services”). For example, we may use third-party providers to facilitate class scheduling and account management, process payments, store client records, present or store waivers and intake forms, capture electronic signatures and click-through acceptances, send transactional or marketing communications, and help us understand Site traffic and advertising performance. Certain portions of your interactions with us, including account creation, booking, checkout, waiver completion, SMS or email communications, and electronic signing, may occur through Third-Party Services rather than on a Studio-controlled webpage or application. Third-Party Services are provided by their respective providers, and your use of Third-Party Services may be subject to those providers’ terms and privacy practices; the Studio is not responsible for Third-Party Services or for the availability, security, or functionality of Third-Party Services. By using the Site, creating an account, providing your contact information, booking services, completing a waiver or intake form, making a purchase, or clicking to accept any agreement, you consent to receive electronic communications from us and our service providers regarding your account, bookings, purchases, studio operations, marketing, and these Terms, and you agree that electronic signatures, click-through acceptances, consents, notices, disclosures, and other records satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by law. You are responsible for maintaining a valid email address and, if applicable, a current mobile number for receipt of such communications. THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE STUDIO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE STUDIO OR ITS OWNERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND THE STUDIO’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS (US $100) OR THE AMOUNT YOU PAID (IF ANY) TO ACCESS THE SITE IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

You agree to defend, indemnify, and hold harmless the Studio and its owners, managers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your access to or use of the Site, (b) your violation of these Terms, or (c) your User Content. These Terms are governed by the laws of the State of Colorado, without regard to conflict of laws rules. Except where prohibited by applicable law, you agree that any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Colorado, and you consent to personal jurisdiction and venue in such courts.