TERMS OF SERVICE

 

Effective Date: April 2024

 

This Terms of Service (the “Agreement”) is between You, the user and client, and The Body Lab VT, LLC (“The Body Lab”). 

 

POLICIES AND PROCEDURES: 

 

Classes must be cancelled at least 8-hours prior to the start of the class time; private sessions must be cancelled at least 24-hours prior to the session start time. If you do not cancel or reschedule before the cancellation window closes, You be considered a late cancel, lose your class or session credit, or incur a fee. 

 

Instructors are subject to change and classes are subject to cancellation without notice. When possible, an email will be sent communicating the change in the schedule. Subject to any opt-you, You consent to receive noticed from The Body Lab pertaining to a class or session which You are registered for. The Body Lab is not responsible if You do not read the notices. 

 

In the event a class is full, You are encouraged to add yourself to the waitlist. When a spot becomes available before the cancellation window classes, an email confirmation will be sent to let you know. If You are added to class off the waitlist, it is your responsibility to cancel your reservation if You can no longer attend as to avoid late cancellation penalties. 

 

You may ‘freeze’ your membership once per year, for a minimum of one-month. All freeze requests must be made at least 5-business days prior to the date of requested freeze. 

 

Safety is crucial; our instructors are trained to provide corrective touches during classes and session to ensure that all clients are safe and maintaining correct form. 

 

I. PURCHASING AND MEMBERSHIP INFORMATION: 

 

1 – PURCHASING, PAYMENTS: All classes and private sessions are reserved and paid for in advance through The Body Lab online booking system. All sales are final. Classes and sessions are not eligible for transfer, exchange, or refund; packages cannot be shared between clients. 

All fees and charges (including any taxes and late fees, as applicable) will be charged to a valid and up-to-date debit or credit card on file, as further described below. As some services require auto-billing for continued monthly access, You agree to maintain valid credit card information as part of your Account information when applicable.

Package Expiration: Class packages refers to ay purchase of a pre-determined allotment of classes to be redeemed at The Body Lab in a given time frame.  Unless otherwise specified, packages are not subject to autorenewal. All session credit and packages expire, as described on the Website, from the date of purchase, unless noted otherwise in the description at the time of purchase. There are no extensions, refunds, or freezes for purchases or expired sessions. You are responsible for noting package expiration date; The Body Lab will not send reminders or follow-up. Remaining credits at the expiration of the package will be forfeited and will not roll-over or be converted into The Body Lab credit. 

 

Package Policies: By purchasing a package of sessions or classes with The Body Lab You agree that: (1) Packages are not shared or transferable between members, unless expressly agreed upon by The Body Lab’ ownership in writing; (2) expiring packages may not be extended, transferred, refunded, shared, or frozen (3) The Body Lab will not adjust or extend packages due to accidental bookings or the acts or omissions of clients. The expiration date set on an expiring package is the date on which the sessions in the package may no longer be used; and (4) Clients purchasing packages do so with the express understanding of these terms and agree to be bound by such.

 

Refund Policy: It is The Body Lab’ intention for You to be happy with your participation and education in the services. Due to the extensive time, effort, preparation, and care that goes into creating and/ providing the services, all sales are final, and no refunds will be provided. 

 

Chargeback Policy: Unless otherwise provided by law, You acknowledge that all sales are final and The Body Lab does not offer refunds for any portion of your payment for any of the services at any time, unless explicitly indicated otherwise at the time of purchase. By agreeing to the terms of this Agreement, 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 with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not and You will lose all access to ALL credits purchased from The Body Lab. You will remain contractually responsible for payment of Services in full. 

 

Payment Processor: Payments made on the Sites are processed by the third-party payment processor. You must store a valid and up-to-date debit or credit card on file within your Account for: (1) incidental charges such as late-cancel fees, (2) ease of transaction, (3) for enrollment in the Membership which does require a credit card on file to enroll, and/or 4) recurring payments for Services on a payment plan. In such event that an incidental charge needs to be made the cardholder and account holder gives permission to The Body Lab to charge the card on file. Site. Additionally, the cardholder and account holder may give permission to The Body Lab to charge the card for auto-debit memberships.

 

Account: Upon your first purchase of the Services, or first use of the Sites and/or Website, You will be prompted to create an account (the “Account”) with The Body Lab via third-party hosting platform MarianaTek and MindBody. Your Account is protected via password and where You will purchase and book certain Services, access certain purchased products, and securely store credit card information. 

2 – MEMBERSHIP:

 

The Body Lab offers various “Membership(s)” which refers to a renewing monthly commitment to a certain number of classes. Memberships are billed monthly, automatically renew monthly on the same date of Membership purchase, and have no minimum commitment. Membership will continue to renew each month unless a cancellation is requested at least 15-days in advance of the auto-renewal date. Cancellations can be requested by emailing The Body Lab at info@TheBodyLabVT.com or by cancelling within your Account. Failure to timeline cancel will result in an auto-renewal. 

Membership Freeze/Pause: You may ‘freeze’ your membership once per year, for a minimum of one-month. All freeze requests must be made via writing in email at least 5-business days prior to the date of requested freeze. Emails shall be directed to info@TheBodyLabVT.com and must include: (1) date membership is to be frozen; and (2) date to unfreeze Membership, so long as it is at least one-month from the freeze date. A $50 administrative fee will be assessed in relation to all freezes. You understand that your Membership will automatically be unfrozen, and You will be charged on the date provided. If You request to extend the length of your freeze, it is within The Body Lab’s sole discretion to allow for the extension.  

Auto Debit: By purchasing a Membership, You expressly agree that The Body Lab is authorized to charge your selected purchase on the payment method You designate. You authorize The Body Lab to, on a recurring basis - on the same of the day of each month of the membership, 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) The Body Lab 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. The Body Lab 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. The Body Lab cannot be held responsible for errors in processing due to expired or inaccurate information; and (3) The Body Lab is not responsible for any bank overdraft fees that may occur. 

Membership Cancellation: Membership will continue to renew each month unless a cancellation is requested at least 15-days in advance of the auto-renewal date. Cancellations can be requested by emailing The Body Lab at info@TheBodyLabVT.com or by cancelling within your Account prior to the next month’s billing date, which is the same calendar day as your original date of purchase. When You cancel prior to the next billing date, You still maintain access to the Membership through the end of your billing cycle. If You do not cancel prior to your billing date You will be automatically billed, with no refund, for the subsequent month and continue to have access until your next billing date, at which point your Membership will be considered cancelled and You will not be billed further.

 

II. RESERVATIONS AND CANCELLATION POLICIES

 

1 – RESERVING SESSIONS, CLASSES: You are solely responsible for the booking and canceling of your classes and private sessions. You may schedule on the Sites and/or via your account. Once on the Site, You must log into your Account, and purchase a session to secure the reservation. Your reservation is not considered complete until it is paid in full; all reservations and purchases are confirmed via email. 

 

2 - CANCELLATIONS, RESCHEDULING, LATE-CANCEL POLICY: Classes must be cancelled at least 8-hours prior to the start of the class time; private sessions must be cancelled at least 24-hours prior to the session start time. If you do not cancel or reschedule before the cancellation window closes, You be considered a late cancel, lose your class or session credit, or incur a fee. 

 

Cancellations and reschedules may be done online only via (1) your Account, or (2) the confirmation email sent at the time of booking. There are no refunds on cancelled sessions; your Account will be credited the session.  

 

If the cancellation is made inside of the 8-hour window prior to Your class, it will be considered a ‘late cancel’ and the credit will be forfeited, and/or You will be charged the full amount. If You do not show up to the scheduled session or class, it will be considered a ‘no show’ and You will forfeit the credit. If You have a Membership and incur a late-cancel or no-show You will be charged a $25 fee. 

 

Cancellations via texting, Facebook messenger, Instagram, and other social media platforms are not valid forms of cancellation, and You will be charged if the booked session or class is not properly canceled outside the cancellation window.

 

In the event of an emergency on their part, The Body Lab reserves the right to move your session/class to another mutually agreeable time, or to cancel it outright. In this rare instance that The Body Lab must do so, You will not be charged for the changed session/class, and You session will be promptly rescheduled.

 

3 – LATE ARRIVALS: You are expected to arrive to any scheduled Service on-time, and ready to begin. Accordingly, if You arrive late to your scheduled Service, it is within the discretion of The Body Lab instructor whether to proceed. In the instance that your instructor proceeds with the Service, your time will not be extended due to your tardiness and the Service will end at the scheduled time. In the event any client is so late that it is not feasible to proceed with the Service, the tardiness will be considered a “no-show”, and the Service fee will be forfeited and/or considered redeemed. 

 

III. STUDIO POLICIES

 

1 – STUDIO POLICIES: Instructors are subject to change and classes are subject to cancellation without notice. When possible, an email will be sent communicating the change in the schedule. Subject to any opt-you, You consent to receive noticed from The Body Lab pertaining to a class or session which You are registered for. The Body Lab is not responsible if You do not read the notices. 

 

Studio Guests: Unattended children and pets are not permitted in the studio. 

 

Cleaning: All clients are responsible for wiping down their machine after class. 

 

Workout Attire, Grip Socks: All clients are asked to wear workout gear to the session and classes. No jeans or attire with metal accessories or large zippers are allowed on the equipment. 

 

For your safety, and to protect the integrity of the equipment, ALL clients are required to wear grip socks during their session or class. You must provide your own, and if You forget socks, You may purchase a pair at the studio.

 

2 – CODE OF CONDUCT: The Body Lab 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 The Body Lab, will not be tolerated. The Body Lab 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. 

 

3 – CONTENT RELEASE: You grant The Body Lab, 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 The Body Lab and/or participating in a Service with The Body Lab, 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 The Body Lab, You, on behalf of yourself, heirs, representatives, executors, and assigns, irrevocably grant The Body Lab 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 The Body Lab 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. 

 

 

IV. Personal Responsibility, Disclaimer & Release of Claims 

 

1 – Personal Responsibility and Assumption of Risk: You acknowledge that You take full responsibility for yourself, and all decisions made before, during and after your participation in the Services. You accept full responsibility for your choices, actions, and results before, during and after the Services, and You knowingly assume all the risks of the Services related to your use, misuse, or non-use of the Services or any of the related materials. You understand and agree that you are solely responsible for your results. 

 

2 – RELEASE OF LIABILITY, INDEMNIFICATION: You agree that The Body Lab will not be held responsible in any way for the information that You request or receive through the Services, nor will The Body Lab be responsible for how you use and apply the information that You request or receive through the Services. 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 The Body Lab, in its individual capacity and legal capacity, and each of The Body Lab companies’ principles, shareholders, officers, directors, employees, agents, successors, beneficiaries and assigns 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 The Body Lab in the future that may arise from your participation in the Services, including all services and products to the extent permitted by applicable law. 

 

Limitation of Liability, Indemnification, Release of Claims: The information, software, products, and Services included in or available through the Sites may include inaccuracies. Changes are periodically added to the information herein. The Body Lab may make improvements and/or changes in the sites at any time. Accordingly, The Body Lab makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, Services, and related graphics contained on the Sites for any purpose. To the maximum extent permitted by applicable law, all such information, software, product, Services, and related graphics are provided ‘as is’ without warranty or condition of any kind. The Body Lab disclaims all warranties and conditions regarding this information, software, products, Services, and related graphics, including all implied warranties or conditions of merchantability, of The Body Lab for a particular purpose, title, and non-infringement. 

 

To the maximum extent permitted by applicable law, The Body Lab is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Sites, with the delay or inability to use the Sites or Services, the provision of or failure to provide the Services, or for any information, software, products, Services, and related graphics obtained through the sites, or otherwise arising out of use of the Sites, whether based on contact, tort, negligence, strict liability, or otherwise, even if The Body Lab has been advised of the possibility of damages. As some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with any portion of the Sites or with any of these Terms of Use, your sole and exclusive remedy is to immediately cease use of the Sites. 

 

V. TERMS AND CONDITIONS:

 

1 – DESCRIPTION OF SERVICES: The Body Lab brand includes but is not limited to live, in-person group and private session reformer Pilates workouts hosted our studio: workshops; educational programs and events; free and paid online resources; a website and related third-party sites (the “Sites”); social media platforms; and other distribution platforms (collectively, the “Services”) operated by The Body Lab.

 

These Terms of Service are applicable to all users of The Body Lab through its “Website” www.TheBodyLabVT.com and related domains, sub domains, and mobile and desktop applications (individually and collectively the “Sites”). These Terms govern your use of and interaction with the Services, Sites (including all functionalities, features, streaming services, audio, visual, written media, downloaded content from the Sites), web links and user interfaces, and all content and software associated with the Services as provided by The Body Lab.

 

2 – ACCEPTANCE OF TERMS:  The Sites are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such of these terms, conditions, and notices. The Body Lab has the right, at its sole discretion, to modify, add, or remove any terms or conditions without notice or liability to You. Any changes shall be effective immediately. You may see the most recent changes and version of this Agreement as noted by the date at the top. You agree to review these changes from time to time and agree that any subsequent use by You of the Sites and Services following the changes shall constitute your acceptance of such change. The Services provided by the Sites are made available for your personal, non-commercial use only. 

 

3 – REGISTRATION INFORMATION: The Sites and Services are not directed at children under eighteen years of age, unless explicitly marketed as such. By providing information about yourself to The Body Lab You are representing that You are eighteen years of age or older OR have a parent/guardian’s approval and supervision if You are 13-18 years old, and that You, or your parent/guardian, is 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. 

 

In such event that any Service is specifically created for a child of any age, the Service will be expressly described as such, the parent/guardian must agree to these Terms and those of the Liability Waiver, and depending on the age of the participant, the parent/guardian must also be present and/or participate. 

 

You also agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on our Sites and especially when creating your Account, as defined below; and (2) maintain and promptly update your Account information 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, The Body Lab 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.

 

4 – USER INFORMATION; PASSWORD AND SECURITY: You are solely responsible for the information You input or upload to the Sites and Services and represent and warrant that You have the right and authorization to register for the Sites and Services. The Body Lab reserves the right in its sole discretion to decide whether the information You input or upload to shared and/or public forums and discussions is appropriate and complies with the terms of this Agreement, other The Body Lab policies, and applicable laws and regulations.

If You register for the Sites and Services, You will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up to date.

 

Your Privacy Rights are set forth in our Privacy Policy located on the Site. 

5 – PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, such as access to the Services and your Account, 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 the Services with any non-members, who are receiving the benefits of the Services without payment. 

 

If The Body Lab has reasonable grounds to suspect that You (1) have shared your username and password with anyone else, (2) used the materials and Services 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, The Body Lab will automatically terminate Your account, and refuse all current or future use of the Sites,  without refund. 

 

Excessive usage of the Sites will be assumed by The Body Lab to be fraudulent use, and your Account will be immediately canceled without a refund.

 

6 – HOSTING PLATFORM: The Body Lab is hosted by and integrated with the following third-party platforms, who are responsible for all login/account information and payment transactions: MarianaTek, MindBody, FloDesk. In the event of technical issues with your respective accounts or logins or billing discrepancies or problems, The Body Lab refers You to MarianaTek, MindBody, and/or FloDesk’s support. The Body Lab 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, The Body Lab encourages You to visit their websites, which are linked above. 

 

7 – LINKS TO THIRD PARTY WEBSITES: The Sites contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of The Body Lab, and The Body Lab is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Body Lab is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by The Body Lab of the site or any association with its operators.

8 – INTELLECTUAL PROPERTY: The Services are the sole and exclusive property of The Body Lab and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.

Copyright Consent: The Body Lab retains all ownership and intellectual property rights to the Services content and materials provided to You through the Sites and otherwise, including all copyrights and any trademarks belonging to The Body Lab and related entities. The Services 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 The Body Lab. 

 

Furthermore, by signing this Agreement You agree to the above terms and understand that The Body Lab’s 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 The Body Lab will fully pursue all remedies at law against You which it is entitled. 

 

Trademarks, Names, Logos: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by The Body Lab or a use right has been granted to The Body Lab. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or because of your use of the Sites or Services. Without the prior permission of The Body Lab, 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 – GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this Agreement is governed by the Laws of the State of Vermont, United States, and You hereby consent to the exclusive jurisdiction and venue of courts in Chittenden County, Vermont, United States. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Vermont, Chittenden County, 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 Vermont, Chittenden County.

 

Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Body Lab because of this agreement or use of the Sites. The Body Lab performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Body Lab right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by The Body Lab with respect to such use.

 

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.

 

This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of The Body Lab and its affiliates, successors, and/or assigns.

 

10 – MISCELLANEOUS

 

Mutual Non-Disparagement: Should You have any questions or concerns about the Services or The Body Lab, You agree now to contact The Body Lab directly in a mature and professional way rather than to publicly make any negative or critical comments about the Services 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 Services and/or The Body Lab 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

 

Notice: All correspondences or notices required regarding the Services shall be made to The Body Lab via e-mail at info@TheBodyLabVT.com and to You at the e-mail address You provided during your enrollment in the Services and/or the email address in your Account. Should your e-mail address, billing information, or contact information change at any time throughout the relationship, it is your responsibility to update the information in your Account within 3-days, preferably sooner, of any change to avoid miscommunications.

 

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 The Body Lab to perform any responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, The Body Lab is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill the responsibilities and obligations. 

 

Email Communications: You understand that You may, from time to time, receive email communications from The Body Lab related to the Services, the Site, The Body Lab brand, and your participation in all of the above. By entering into this Agreement, You give The Body Lab permission to email You, at the email address on file, regarding the same.

 

Contact: If you have any questions or concerns about this policy or any The Body Lab Services, products, or features, please don’t hesitate to contact us at: info@TheBodyLabVT.com