Acceptance of the Terms of Service
You acknowledge and understand the following:
These terms of use are entered into by and between you and Luxe Motion LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference govern your access to and use of luxemotionpilates.com, including any content, functionality, and services offered on or through luxemotionpilates.com (the "Website"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website [or by clicking to accept or agree to the Terms of Use when this option is made available to you], you accept and agree to be bound and abide by these Terms of Use[ and our Privacy Policy, found at [PRIVACY POLICY URL], incorporated herein by reference. If you do not want to agree to these Terms of Use [or the Privacy Policy], you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older [unless certified by a legal guardian] and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time/frequently/each time you access this Website so you are aware of any changes, as they are binding on you.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
You understand that physical exercise and training, including the use of equipment and participation in dietary programs (collectively, “Training”), is a potentially dangerous activity and involves the risk of serious injury, disability, death, and property damage. You acknowledge that these risks may result or be compounded by the actions, omissions, or negligence of the personal physical trainer (the “Trainer”) or others. You understand that although the Trainer will endeavor to reduce the risk of injury from Training, the Trainer cannot guarantee that you will not be injured. NOTWITHSTANDING THESE RISKS, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN TRAINING. YOU AGREE TO ASSUME ALL RISKS OF ILLNESS, PERSONAL INJURY, PSYCHOLOGICAL INJURY, PAIN, SUFFERING, DISABILITY, DEATH, PROPERTY DAMAGE, AND FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE TRAINER OR OTHERWISE.
You waive and release all claims, now known or hereafter known, against the Trainer on account of personal or psychological injury, illness, pain, suffering, disability, death, property damage, or financial loss arising out of or attributable to Training, whether arising out of the ordinary negligence of the Trainer or otherwise. You agree not to make or bring any such claim against the Trainer and forever release and discharge the Trainer from liability under such claims.
You confirm that you are in good health and proper physical condition and do not have any medical or other conditions that would impair your ability to participate in Training and will also follow all instructions, recommendations, and cautions of the Trainer at all times during Training. If at any time you believe that you are no longer in proper physical condition to participate in Training, you will immediately discontinue further Training.
You hereby consent to receive medical treatment deemed necessary if you are injured or require medical attention during Training. You understand and agree that you are solely responsible for all costs related to such medical treatment and any related medical transportation and evacuation. You release, forever discharge, and hold harmless the Trainer from any claim based on such treatment or other medical services.
This release may not be orally modified and constitutes the entire agreement of the Trainer and you with respect to the subject matter contained herein and supersedes all prior and contemporaneous agreements, both written and oral, with respect to such subject matter. If any term or provision of this release is deemed invalid, illegal, or unenforceable, all other terms or provisions shall remain in full force and effect.
You agree that Luxe Motion is not responsible for defective equipment or goods provided or sold by Luxe Motion. To the extent that damages are permitted under the law, any such damages are limited to the value or costs of the products or goods sold.
YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE, OR IF UNDER 18 YEARS OF AGE, A PARENT OR LEGAL GUARDIAN CERTIFIES, THAT HE/SHE HAS READ AND VOLUNTARILY SIGNS THIS AGREEMENT AND THE PARTICIPANT IS OF GOOD HEALTH AND CAPABILITY TO PARTICIPATE.
You Understand And Agree That We Are Not Giving Health Advice
This site offers health, wellness, fitness, exercise and nutritional information and is designed for educational purposes only. The nutritional, exercise, and other information on this Site is not intended to be and does not constitute health care or medical advice and must not be used to make any diagnosis specific to you. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from a health-care professional because of something you may have read on this site.
This Site makes no warranty of any kind, implied or express, that you will lose weight, build muscle, gain immunity, reduce inflammation or otherwise receive any health benefits as a result of using our Site. Individual results will vary. Moreover, because fitness and nutritional research is always ongoing and developing and subject to disagreement in the field, we cannot make any assurances that the information provided in our Site will be up-to-date, accurate, or complete.
Your use of any information contained on this Site is solely at your own risk.
Reservations/Charges
You should be aware that classes and series expire, and future prices are subject to change. You can reserve classes online but not later than 1 hour prior to class time. Deadlines apply regardless of available functionality.
Your credit/debit card will be charged for your order when you submit your reservation. The payments for our Services are processed by a third party, Stripe, using the third party’s secure software. That third party is responsible for the processing of credit card payments and the storage of credit card information for the Site.
You can find Stripe’s Service agreement at https://stripe.com/legal/ssa.
Luxe Motion will not process reservation charges that use an incorrect, expired, or over-the-limit credit card [We will make our best efforts to contact you if this occurs]. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated until further notice. You are responsible and liable for any fees, including attorneys’ fees and collection costs, that Luxe Motion may incur in its efforts to collect any unpaid balances from you.
Cancellation Policy/Late Arrival
Luxe Motion has a strict 10 hour cancellation or “no-show” policy for all classes. Please cancel through our website or app. We do not accept cancellations via email, phone or social media.
If you don’t abide by the cancellation policy and cancel less than 10 hours in advance or are considered a “no-show”, the following applies;
Forfeit of 1x class on package or membership AND accrue a $10 late cancellation fee or $20 no show fee
Please arrive 10 minutes early to enjoy all of Luxe Motion and its amenities [at least 15 minutes prior to first class at Luxe Motion]
There is no admittance after 10 minutes of the scheduled class time. After 10 minutes you are considered a “no show” and forefelt your class credit and accrue the associated charge.
If you anticipate being late, please email luxemotionpilates@gmail.com
Waitlist
Our system will automatically add you to a class if a spot becomes available up until 2 hours before the scheduled class time.
You will receive an email confirmation when you have been added to the waitlist/added to a class from the waitlist.
If you are on the waitlist, and know you won’t be able to make it to class. Please remove yourself from the waitlist online or on the app. If you have been added to class from the waitlist, standard cancellation policies apply.
Pregnancy
Physicians advise against starting a new workout while pregnant. Prenatal women must inform instructors of their pregnancy and have clearance from their medical professional to return to Pilates. Postnatal clients must have clearance from their medical professional to return to Pilates.
We encourage all Pre/postnatal clients to take our pre/postnatal class or book a private session 1:1 before joining classes when available on our booking site.
Return Policy
All sales are final.
Refunds may be issued on a case-to-case basis including, but not limited to [merchant processing software error or if Luxe Motion incorrectly processes a sale on the client's behalf]
All requests must be emailed to luxemotionpilates@gmail.com
Proper Attire
Grip socks are required for all reformer classes for safety and sanitation purposes. Grippy socks will be available for purchase.
Please wear attire that is most comfortable for you.
Photo/Video Policy
By participating in any class or event at Luxe Motion, you agree and consent to the use of photographs, videos, and other recordings taken during the session by staff or other approved content creator or contractor. These may include images or footage of clients and their likeness, which may be used for promotional, marketing, and advertising purposes across our website, social media, and other marketing channels without financial or other compensation. We respect your privacy, and if you prefer not to be photographed or filmed, please inform the instructor or staff prior to the start of class, and we will make every effort to accommodate your request.
To protect the privacy and focus of other class participants, we enforce the following recording policy:
· Permission and Purpose: Recording any portion of a class session is only permitted with explicit prior consent from the instructor and all individuals who may appear in the recording. Recording should solely serve as content creation for sharing on personal platforms and not for personal practice outside of Luxe Motion
· Privacy and Respect: Clients who wish to record a class session must ensure that no other clients are in the frame of the recording without their explicit consent. Any recording activity should not disrupt the flow or focus of the class for other participants. This includes avoiding any noise or behavior that may distract or disturb others.
· Discretion and Sensitivity: Recording should be conducted discreetly and with sensitivity to the privacy and comfort of all individuals present in the studio. Clients are advised to position their recording devices in a manner that minimizes the visibility and intrusion into the personal space of others.
· Instructor Discretion: Instructors reserve the right to prohibit recording during certain segments of the class or for specific exercises if they deem it necessary to preserve the integrity of the session or the comfort of participants. Instructors may also intervene if they observe any recording activity that is causing disruption or discomfort to other clients.
· Enforcement and Consequences: Clients found to be violating this recording policy may be asked to cease recording immediately and may face further disciplinary action, including potential suspension or termination of studio privileges. Repeat offenses or egregious violations of this policy will be addressed with increasing severity, up to and including permanent expulsion from the studio.
By participating in classes at Luxe Motion clients acknowledge their understanding and acceptance of this recording policy.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
· If we provide social media features [luxemotionpilates.com/luxemotionpilates] with certain content, you may take such actions as are enabled by such features.
You must not:
· Modify copies of any materials from this site.
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
[If you wish to make any use of material on the Website other than that set out in this section, please address your request to: luxemotionpilates@gmail.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Geographic Restrictions
The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct [or death or bodily injury caused by products you purchase through the site].]
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [LINK TO PRIVACY POLICY].
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website [may include/includes] content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards[, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material [for any purpose/according to your account settings].
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors, and assigns.
· All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.
You are responsible for both:
· Making all arrangements necessary for you to have access to the Website.
· Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms of Use.
Monitoring and Enforcement; Termination
We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
· Terminate or suspend your access to all or part of the Website for [any or no reason, including without limitation,] any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY [AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS] FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LUXE MOTION DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER LUXE MOTION OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review [all] material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of Buffalo and County of Southern Erie, [although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York State law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Luxe Motion regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by Luxe Motion.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: luxemotionpilates@gmail.com