INTENSION LLC TERMS AND CONDITIONS

The below Terms and Conditions set out the terms and conditions governing access and use of the website located at www.intensionpilates.com and all associated sites and pages and any social media channels operated or authorized by inTension (collectively, “Site”, as well as any mobile application that is or may be offered for use in the course of services offered by inTension LLC ("us", "we", "our", the “Company” or “inTension”), and in participating in or receiving any services offered by the Company or any subsidiary or franchisee thereof.  These Terms and Conditions are entered into between you and the Company, and constitute a legally binding contract, and should be interpreted with and incorporate by reference the Company’s Privacy Policy.  By accessing or using any of the Services, you accept these Terms and Conditions and the Privacy Policy without limitation.  PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN IMPORTANT LEGAL RESTRICTIONS, SUCH AS A RELEASE, LIMITATIONS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ATION WAIVER.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD NOT USE THE SERVICES.

Right to Modify Terms and Conditions

The Company reserves the right to modify or amend these Terms and Conditions, and the associated Privacy Policy, without notice at any time.  The current Terms and Conditions will be accessible on the Site, and you should review the Terms and Conditions prior to using or participating in any of the Services.  Use of the Services by you following any modification or amendment to the Terms and Conditions shall constitute binding acceptance of such modification or amendment.

Privacy Policy

By agreeing to these Terms and Conditions, you agree to the terms of the Privacy Policy, which is incorporated herein by reference and is also available on the Site.  All personal information that may be provided to inTension in the course of your use of the Services will be treated in accordance with the Privacy Policy.

Definitions

The capitalized terms used throughout this document are defined as follows.  Unless otherwise specified, terminology used shall be interpreted according to its plain meaning as used by a reasonable person with general familiarity with Pilates and fitness classes and associated marketing and websites, and consistently with related agreements such as the Membership Agreement and/or Privacy Policy.

1. “Equipment” refers to any physical equipment provided by the Company for use during classes, as described herein, and shall include any “reformer” or “Xformer”, weights, mats, bands, batons, balance training devices, or any other accessories that may be used in the course of providing the Services to Members.
   
   
2. “Facility” or “Facilities” refers to the physical premises on which the Company offers classes, training, and other services relating to Pilates and physical fitness, as may be designated by the Company.  Unless otherwise specified, the “Facility” refers only to the indoor space in which classes are conducted and Equipment is located, and not any appurtenant areas such as sidewalks, parking lots, or common areas of any center in which the Facility may be located.
   
   
3. “Member” refers to any person (natural person or entity) that has purchased one or more membership plan available for access to the Facilities and/or Services.  The term shall encompass any person(s) who may be provided a membership by Company, regardless of the amount paid in membership fees (if any).  A person who purchases a single-time pass or a pass for a limited number of classes (e.g., a “punch pass” or “class pack” arrangement) is nevertheless considered a “Member” for purposes of these Terms and Conditions.
   
   
4. “Platform” refers to the electronic online and/or mobile application or interface utilized by Company for Members to access the Services, such as by registering for classes, providing payment information, managing their account, and other services incidental to participating in the classes offered by Company. The Platform is or may be provided through a third party.
   
   
5. “Services” refers to the participation in Pilates and/or fitness classes for which Member has obtained a membership, as described in the Membership Agreement entered into between Company and Member. The Services includes all corresponding services incidental to the participation in and those classes, such as accessing the Platform or a Facility.
   
   
6. “User” refers to any person who accesses the Site or the Platform, regardless of whether such person is a Member.

Access Subject to Company Discretion. 

The access to the Facilities, the Services, and the Platform by all persons, including Members, is subject to the sole discretion of Company.  Access to the Services may be revoked, and any applicable membership may be terminated, in the event that Company determines in its sole discretion that a User or Member has violated any term or condition set forth herein, or of any terms or rules imposed by the online hosting Company, violated any applicable laws or regulations, or engaged in any other conduct deemed by Company to be detrimental to the Services and/or its Members.  

Memberships Subject to Membership Agreement.

The terms of membership for any Member are subject to a Membership Agreement between the Company and Member.  In the event of any conflict between these Terms and Conditions and the Membership Agreement, the Membership Agreement shall control.

Fees Non-Refundable in Event of Membership Termination.  

Membership fees already paid, even if paid in advance for future membership, are not subject to refund in the event of a termination by Company based on the Company’s determination that a Member or user has violated the terms and conditions set forth herein or the terms of the Membership Agreement.  In the event of any refund of any fees that may be provided in Company’s sole discretion for any reason, any refunded membership fees will be reduced by any processing fees.

Access and Confidentiality of Credentials.  

Members are responsible for providing computer and/or mobile equipment necessary to gain access to the Platform. Access to the Platform may be through the use of a username and password. Members are directed to keep such access information strictly confidential. Unauthorized access to the Services is a breach of these terms of service.

Cancellation of Memberships.  

Members may cancel a membership with 30 days’ notice in any method permitted through the Platform.  A cancellation will be effective at the end of the paid membership cycle during which you cancel the membership. Company may cancel a membership if authorized charges to a Member’s credit card or approved alternative payment method are not honored or if Company is no longer authorized to charge your credit card (or approved alternative payment method). Upon cancellation, you will be denied further access to the restricted portion of the Services. Company will have no obligation to return any portion of the membership fees you have paid prior to cancellation. In the event of voluntary cancellation, Members will have access to the Services until the expiration of the period for which the membership had been most recently paid.

Misuse, Misappropriation, Republication, Theft, or Other Diversion of Content.  

Information and content published to the Site (including social media channels), the Platform, or otherwise provided in the course of providing the Services by Company, in any form whatever (such as photos, videos, basic text such as words or clauses, logos, graphics, etc.) is the exclusive intellectual property of Company, and is subject to the protection of applicable copyright and trade secrets law, among other legal protections.  NO MEMBER OR USER IS AUTHORIZED TO PUBLISH, APPROPRIATE DISSEMINATE, DISCLOSE, OR REVEAL INFORMATION PUBLISHED BY COMPANY THEREON.  In the event that any person is determined by Company to have violated this term, and engages or assists in the unauthorized republication, misappropriation, dissemination, disclosure or revelation of any information published by Company to the Services, such Member will be subject not only to immediate termination of their Membership without refund, but will be liable for damages to Company.  

Member Conduct.  

Members are expected to conduct themselves with civility and respect in any interactions they have with Company or with other Members in participating in the Services.  Members are not permitted to engage in any conduct that is disrespectful, harassing, offensive, threatening, bullying, bigoted or discriminatory, sexually explicit or pornographic, or otherwise detrimental to the Services and its Members.  Members are expected to wear attire appropriate for participation in Pilates and other fitness training, and to maintain appropriate hygiene not to cause unnecessarily offensive odor or contamination in any Facility.  Members should not attend classes or otherwise enter into the Facility if they are suffering from illness.  Company reserves the right to publish and revise additional rules or standards to the Services, which rules and standards may be enforced by Company and/or its employees or contractors.  

Non-solicitation.  

Members and Users may not solicit other Members and Users for any reason.  No Member or User may contact or obtain the information or data about any other Member or user for any marketing or business purpose. 

Assumption of Risk. 

Participation in Pilates and any related fitness activities inherently presents some risk of physical strain, injury, or even death. Equipment used in the classes provided at the Facility may intentionally subject Member to instability, which may create a risk of falling, sliding, straining or tearing muscles or ligaments, as well as risks of impact with equipment or other individuals attending classes. In participating in the Services, Member represents that Member has consulted with Member’s physician and is in suitable physical condition to participate in the Activities.  Members and Users are instructed not to attempt to perform or mimic exercises, routines, or moves that may be displayed on the Site without the supervision and direction of an appropriately qualified instructor.

Liability Waiver and Limitation of Liability. 

You release, waive, discharge, and covenant not to sue inTension, its officers, directors, employees, agents, and insurers (collectively, “inTension Parties”), and any Instructor (who may be independently contracted and not an employee of inTension) from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any injury, death, or damage to property caused by, resulting from, or arising out of your participation in the Activities.  Additionally, in the event of any claim against Company for any reason, arising or relating in any way to the Services, a Membership Agreement, these Terms and Conditions or any associated conduct, the maximum potential liability by Company to any Member is the cumulative amount of membership fees paid by such Member, for up to a maximum period of one year prior to the event giving rise to the Member’s claim.  In no event shall any Member or user have any claim or cause of action against any owners, officers, or agents of Company in their individual capacities based on matters arising from use of the Services.

Governing Law, Contractual Limitations Period, and Dispute Resolution.  

These Terms and Conditions shall be construed in accordance with the laws of the State of Utah without giving effect to the conflict-of-laws principles of any jurisdiction.  Any claim against Company, its officers, agents, employees, successors, and assigns must be brought within one year of the date of the event giving rise to such action occurred.  Any disputes arising out of or related to these Terms and Conditions, and to any claim you assert against Company related in any way to the Services or the Services, shall be resolved by binding arbitration pursuant to the rules of the American Arbitration Association.  The arbitration will be conducted in Salt Lake County, Utah, unless Company agrees to another location.  Each side shall bear their own legal fees, and shall split arbitration fees equally.  The claim may be brought only by an individual Member or User based on that individual’s own claim, not in a representative or class capacity.  YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Entire Agreement. 

These terms and conditions, along with any applicable Membership Agreement, the Privacy Policy, and any other documents incorporated by express reference herein, constitute the entire agreement between you and Company regarding the subject matter herein and supersede any prior or contemporaneous agreements, understandings, or representations.

Severability.  

If any provision of these terms and conditions are found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver. 

The failure of Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing.

Assignment.  

You may not assign or transfer any rights or obligations relating to Services provided under any membership without the consent of Company. 

BY PROCEEDING TO USE THE SERVICES PROVIDED, WHETHER BY CLICKING “ACCEPT,” PROVIDING ELECTRONIC SIGNATURE OR OTHER AFFIRMATION, PURCHASING A MEMBERSHIP, OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THE PRECEDING TERMS AND THAT THEY FORM A VALID, BINDING CONTRACT BETWEEN YOU AND COMPANY.