TERMS & CONDITIONS
TERMS & CONDITIONS
Last Updated: May _8_ 2024.
1.Introduction
Welcome to Casa de Pilates, an exclusive modern Pilates studio meticulously crafted to offer an ambiance of refined elegance. These Terms and Conditions (“Terms”) govern your use of our studio services provided by Casa de Pilates L.L.C. (“Casa de Pilates,” “we,” “us,” or “our”). We are thrilled to have you join our community dedicated to wellness, strength, and vitality.
Casa de Pilates is more than just a studio; it's a sanctuary designed to evoke the sophistication and tranquility of an elegant casa. From our carefully curated space to our expertly crafted classes, every aspect of Casa de Pilates is designed to inspire and empower you on your wellness journey.
These Terms apply to your access or use our website located at https://www.casadepilates.com/ (the “Website”) when you visit us at our studio (“Studio”), and when you interact with us through any other websites, pages, features, or content owned and operated by us that direct to these Terms (collectively, the “Services”).
By “accepting” these Terms (checking the box below), you agree to be bound by these Terms and our Privacy Policy.
We may amend these Terms from time to time. Please periodically review the controlling, online version of these Terms. It is your responsibility to review these Terms periodically for any changes. Your continued use of Casa de Pilates Services after any modifications constitutes acceptance of the updated Terms.
BY SUBMITTING ANY INFORMATION THROUGH OR BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS.
YOU MAY NOT SUBMIT ANY INFORMATION OR USE THE WEBSITE OR THE APP IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE OR OF LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY APPLICABLE LAW.
THESE TERMS CONTAIN A BINDING ARBITRATION AND CLASS ACTION WAIVER. READ SECTION 14 CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS, GROUP OR REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL.
Our mission at Casa de Pilates is to provide an exclusive yet welcoming and inclusive environment where individuals of all fitness levels can thrive. Whether you're a beginner or a seasoned practitioner, our studio offers a range of classes and services to support your unique wellness goals.
**GRIP SOCKS ARE REQUIRED FOR ALL CLASSES
**ATHLETIC ATIRE IS REQUIRED FOR ALL CLASSES
**EVERY PERSON MUST SIGN A WAIVER BEFORE ENTERING THE STUDIO. PLEASE HAVE ALL WAIVERS SIGNED BEFORE YOUR VISIT TO THE STUDIO. YOU CAN FILL OUT THE WAIVER ONLINE BY VISITING OUR WEBSITE.
2.Agreement to Terms:
By accessing or using Casa de Pilates’ Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.
3.Definitions:
Casa de Pilates: Refers to Casa de Pilates L.L.C. and its affiliates that operate this Website and an exclusive modern Pilates studio, providing fitness classes and related services.
User: Any individual who accesses or uses the services provided by Casa de Pilates.
Studio: The physical location where Casa de Pilates operates its services.
Member: Any individual who has registered for a membership with Casa de Pilates.
Instructor: A trained professional employed or contracted by Casa de Pilates to conduct classes and provide instruction to users.
Guest: Any individual who attends a class or uses the facilities of Casa de Pilates but is not a registered member.
4.Description of Services
4.1. Casa de Pilates is delighted to offer a range of exceptional Pilates services tailored to meet the diverse needs and preferences of our clients.
4.2. Pilates Classes: Join us for our signature Pilates classes, conducted by instructors who bring their unique expertise and methods to the Xformer Pilates machine. These classes encompass a blend of traditional Pilates principles and contemporary techniques, carefully tailored to maximize the benefits of the Xformer Pilates machine.
4.3. Private Classes: Elevate your Pilates practice with our private, one-on-one training sessions led by experienced instructors. These personalized sessions provide individualized attention and instruction tailored to your specific goals and needs. Whether you're seeking targeted rehabilitation, advanced training, or simply prefer a more private setting, our instructors will work with you to design a customized program to achieve optimal results on the Xformer Pilates machine.
4.4. Casa de Pilates Certification Workshop: Take the next step in your Pilates journey with our Casa de Pilates Certification Workshop. This comprehensive program is designed to equip aspiring instructors with the knowledge and skills necessary to become certified Pilates professionals. Participants will receive in-depth training on the Xformer Pilates machine, learn effective teaching techniques, and gain practical experience to confidently lead Pilates classes. Upon completion of the workshop, participants will receive certification as qualified Pilates instructors, empowering them to share their passion for Pilates with others.
Whether you're looking to join a group class, receive personalized instruction, or pursue certification as a Pilates instructor, Casa de Pilates offers a range of services to support your health and wellness goals.
5.User Rights and Responsibilities:
User Rights:
5.1. Access to Services: Users have the right to access and participate in the services offered by Casa de Pilates, subject to availability and compliance with our terms and conditions.
5.2. Respectful Environment: Users have the right to be treated with respect and courtesy by our staff and fellow members. Casa de Pilates is dedicated to maintaining a positive and inclusive atmosphere for all.
5.3. Privacy and Confidentiality: We respect the privacy of our users and are committed to protecting their personal information in accordance with our Privacy Policy.
5.4 Safe Environment: Users have the right to expect a safe and clean environment at Casa de Pilates. We take measures to ensure the safety and well-being of our clients and staff.
User Responsibilities:
5.5. Compliance with Policies: Users are responsible for familiarizing themselves with and adhering to the terms and conditions, as well as any additional policies and guidelines provided by Casa de Pilates.
5.6. Respect for Others: Users must treat our staff and fellow members with respect and courtesy at all times. Any form of harassment, discrimination, or disruptive behavior will not be tolerated.
5.7. Care of Equipment: Users are responsible for the proper care and use of any equipment or facilities provided by Casa de Pilates. Any damage caused by negligence or misuse may result in additional charges.
5.8. Safety: Users must prioritize their safety and the safety of others while using our services. It is important to follow all instructions provided by our staff and to use equipment properly to avoid injury.
5.9. Payment Obligations: Users are responsible for ensuring that any fees or charges associated with the use of Casa de Pilates services are paid in a timely manner, in accordance with our pricing schedule.
Use of the Website:
5.10. You agree that you are responsible for your own conduct while using the Services and for your content, and for any consequences thereof. In addition, you agree not to do any of the following, unless and to the extent it is expressly permitted by the provisions of these Terms or by applicable law:
impersonating another person or entity, including submitting false information to us;
accessing or using the Services in an unlawful way or for any unlawful purpose;
using the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
transmitting any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or otherwise unlawful;
transmitting any viruses, malware, or other malicious code in the Services;
copying or reproducing the Services or any element thereof in any form or by any means;
disassembling, decompiling, reverse engineering or otherwise attempting to discover the source code of, modifying or creating derivative works of the Services or any element thereof (including, but not limited to, any software that is element of the Services);
selling, renting, lending, leasing, distributing, transferring, licensing, sublicensing or otherwise making available any part of the Services to any third party;
using the Services for creating any product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services or products offered by Casa de Pilates;
interfering with, or disrupting, the Services or any element thereof;
collecting, storing or sharing any personally identifiable information of other users from the Services without their express permission;
exploiting the Services in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity;
Failure to follow the rules will be considered a “material breach” of these Terms, which could lead to suspension and/or termination of your access to the Services. In particular, in certain cases, we retain the right to prohibit your future access to the Services.
6.Liability
At Casa de Pilates, we prioritize the safety and well-being of our clients. However, it is important for users to understand and accept certain liabilities when engaging in our Services. Please read the following carefully:6.1. Assumption of Risk: Participation in Pilates classes and use of our facilities involve inherent risks, including but not limited to strains, sprains, and other injuries. By using Casa de Pilates, users acknowledge and accept these risks.
6.2. Waiver of Liability: Casa de Pilates and its staff are not liable for any injuries, damages, or losses incurred during participation in our classes or use of our facilities. Users assume full responsibility for any risks associated with their participation.
6.3. Safety Guidelines: While Casa de Pilates takes measures to ensure a safe environment, users are responsible for following all safety guidelines provided by our staff. Failure to do so may increase the risk of injury.
6.4. Medical Conditions: Users with pre-existing medical conditions or injuries should consult with a healthcare professional before participating in Pilates classes. Casa de Pilates is not responsible for any adverse effects resulting from failure to disclose relevant medical information.
6.5. Personal Belongings: Casa de Pilates is not liable for any loss or damage to personal belongings brought onto our premises. Users are responsible for safeguarding their belongings at all times.
6.6. Indemnification:. To the extent allowed by law, you agree to indemnify, defend and hold Casa de Pilates its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, consultants, and contractors) (“Indemnified Person(s)”) harmless from and against any third party claim, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of your use of the Services and/or your breach of any of these Terms. You acknowledge and agree that each Indemnified Person has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
6.7. By accessing or using Casa de Pilates, users acknowledge and agree to waive any claims against Casa de Pilates and its staff for injuries or damages incurred during their participation
7.Waiver and limitation of liability
BY AGREEING TO AND ACCEPTING THESE TERMS, YOU HEREBY IRREVOCABLY RELEASE CASA DE PILATES AND ITS AFFILIATED PARTIES FROM LIABILITY OF ANY KIND, AND FOR ANY CONSEQUENCE(S) ARISING FROM YOUR USE OF THE SERVICES. THIS INVOLVES ANY AND ALL LOSSES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION, DAMAGE TO REPUTATION, FEES, ACTUAL ATTORNEYS’ FEES AND COSTS, EXPENSES OR ANY DAMAGE, WHETHER DIRECT OR INDIRECT, WHETHER FINANCIAL OR NON-FINANCIAL. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
Casa de Pilates shall not be held liable for any claims by third parties arising from your use of the Services or any data presented through the Services, nor shall we be liable for any alleged copyright or other intellectual property infringement arising from your use of the Services or data presented through the Services. You agreed that any claims or damages that you may have against Casa de Pilates shall only be enforceable against the legal entity and not any of its officers, directors, employees, contractors, representatives, or agents.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Casa de Pilates AND ITS AFFILIATES EXCEED THE GREATER OF $500 (USD). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT CASA DE PILATES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT RECOVER FROM CASA DE PILATES ANY LOSS OR DAMAGE ATTRIBUTED TO, OR AMOUNT PAID BY, ANY USER, USER’S REPRESENTATIVE, OR OTHER.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF CASA DE PILATES FOR ANY MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, SUCH LIABILITY SHALL INSTEAD BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
8.Warranty
YOU USE THE SERVICES AT YOUR SOLE RISK. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, FEATURES, QUALITY, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE DO NOT WARRANT THE WEBSITE AND/OR ANY CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT YOUR COMPUTER EQUIPMENT, CELLULAR/MOBILE PHONE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARD PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9.Payments, Fees, and Refunds
At Casa de Pilates, we aim to provide convenient payment options and clear policies regarding fees and refunds. Please review the following terms carefully:
9.1. Accepted Payment Methods: Casa de Pilates accepts all major credit cards for payment of services and fees. Payment can be made securely online or in-person at our studio.
9.2. Cancellation Policy:
Clients must provide at least 3 hours' notice for cancellation of a class reservation. Failure to do so will result in a $20 late cancellation fee, but will retain there class credit, and or, the class credit will be lost.
Classes can be rescheduled at another available time without penalty if cancelled within the 3-hour window.
9.3. Automatic Waitlist Fill:
3 hours prior to the start of a class, any available spots will be automatically filled from the waitlist based on priority.
9.4. Late Arrival and No Show Policy:
A grace period of 5 minutes is provided for clients to arrive after the scheduled start time of a class. Beyond this grace period, a $20 no-show fee will be charged, but will retain their class credit, and or, the class credit will be lost.
In the event of a no-show, the client’s spot may be filled by another client, a $20 no-show fee will be charged, but the client will retain their class credit, and or, the class credit will be lost.
Doors to the studio will be locked 5 minutes after the start of the class to minimize disruption to participants.
9.5. Refund Policy:
Reimbursement for a single pass will be provided if cancellation occurs at least 3 hours prior to the scheduled class time.
Refunds may also be subject to the policies and processing times of the client credit card issuer or payment platform (e.g., Stripe).
Casa de Pilates does not do refunds.
10.Intellectual Property
10.1 Ownership: Casa de Pilates, including its website, content, and materials, is owned and operated by Casa de Pilates. All intellectual property rights, including copyrights, trademarks, and trade secrets, are the property of Casa de Pilates and its licensors.
10.2. Use of Content: You may access and view the content on the Casa de Pilates website for personal, non-commercial use only. You may not modify, reproduce, distribute, or publicly display any content from Casa de Pilates without prior written permission.
10.3. Trademarks: The Casa de Pilates name, logo, and any other trademarks or service marks displayed on our website are the registered or unregistered trademarks of Casa de Pilates. You may not use these trademarks without our prior written consent.
10.4. User Content: Any content you submit or post on the Casa de Pilates website, including reviews, comments, or suggestions, becomes the property of Casa de Pilates. By submitting content, you grant Casa de Pilates the right to use, modify, or distribute it in any manner we see fit. You acknowledge and agree that all your communications within any chat or comments posted in the Services may be public (for public comments) or not confidential (Casa de Pilates may have access to the communication content), and you have no expectation of privacy regarding your use or submission of any information provided. We are not responsible for information that you choose to share in chats or comments, or for the actions of other parties. Use of user content that is or contains personal data will comply with the Privacy Policy.10.5 Copyright Complaints: Casa de Pilates respects the intellectual property rights of others. If you believe that your copyrighted work has been infringed upon on our website, please contact us at info@casadepilates.com with the following information:
A description of the copyrighted work you claim has been infringed.
A description of where the infringing material is located on our website.
Your contact information, including address, telephone number, and email address.
A statement by you that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
11.Third Party Websites
11.1 The Services contain links to websites, services and content owned and/or operated by third parties. Any separate charges or obligations that you may incur in your dealings with these third parties are your sole responsibility. We are not responsible for any such third-party websites, services or content and do not have control over any materials made available by them. Our inclusion of a link to a third-party website, services or content in the Services does not in any way imply our endorsement, advertising, or promotion of such websites, services or content or any materials made available by them. By accessing a third-party website, services or content, you accept that we do not exercise any control over such websites, services or content and have no responsibility for them. The third-party sites may collect data or solicit personal information from you. We are not responsible for the privacy policies of third-party sites, or for the collection, use or disclosure of any information these sites may collect. We encourage you to familiarize yourself with the terms of service and privacy policy applicable to any third-party website, services or content you may access.
11.2 We do not warrant or endorse, do not assume, and will not have any liability or responsibility to you or any other person for any third-party products, services, content, materials or websites. Please note that the applicable third party is fully responsible for all goods and services it provides to you and for any and all damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part.
12.Modifications and Updates
12.1.Changes to Terms: Casa de Pilates reserves the right to update or modify these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on our website.
12.2.Notification: We may notify you of changes to these Terms by posting a notice on our website or sending an email to the email address associated with your account. It is your responsibility to review these Terms periodically for any changes.
12.3.Acceptance of Changes: Your continued use of Casa de Pilates after any modifications to these Terms constitutes acceptance of the updated Terms. If you do not agree with any part of the modified Terms, you must discontinue use of our website and services.
12.4.Retention of Previous Versions: We may retain previous versions of these Terms for your reference. You may request a copy of previous versions by contacting us at info@casadepilates.com.
13.Termination
13.1.Termination by Casa de Pilates: Casa de Pilates reserves the right to terminate or suspend your access to our website and services at any time and for any reason, without prior notice. This includes, but is not limited to, breaches of these Terms and Conditions or violations of our policies.
13.2.Termination by User: You may terminate your account with Casa de Pilates at any time by contacting us at info@casadepilates.com. Upon termination, you will no longer have access to our services, and any remaining credits or subscriptions may be forfeited.
13.3.Effect of Termination: Upon termination of your account, any licenses or permissions granted to you by Casa de Pilates will cease immediately. You will no longer be permitted to access or use our website, and any content associated with your account may be deleted.
13.4.Survival: Sections of these Terms and Conditions that by their nature should survive termination, including but not limited to intellectual property rights, indemnity, and limitations of liability, shall remain in effect after termination.
13.5. Penalty fee: If a your bank and or credit card declines a penalty fee, we reserve the right to terminate your account with out notice. Any terminated customer that enters Casa de Pilates is considered trespassing and will be asked /escorted to leave premises.
14.BINDING ARBITRATION AND CLASS ACTION WAIVER. READ THIS SECTION CAREFULLY.
To the fullest extent allowed by law, you and Casa de Pilates agree to submit all Disputes between us to individual, binding arbitration pursuant to the provisions in this Section 15.1. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and Casa de Pilates that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use of the Services, all marketing related to the Services, any licensed content, and all matters relating to or arising from these Terms (including our Privacy Policy and all other terms incorporated into these Terms) or any other agreement between you and Casa de Pilates, including any disputes over the validity, enforceability, or interpretation of this agreement to arbitrate. Our Dispute shall be subject to these BINDING ARBITRATION AND CLASS ACTION WAIVER provisions regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, and negligence), or any other legal or equitable theory. This includes claims or requests for relief that accrued before you agreed to these Terms. You and we understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.
Notice of Dispute: Prior to initiating arbitration, you must first send a written Notice of Dispute by certified mail to Casa de Pilates at: 21010 Pacific Coast Hwy Unit H210, Huntington Beach, CA 92648. The Notice of Dispute must include the following at a minimum: (a) your name, email address, (b) a detailed description of your claim or Dispute with Casa de Pilates, including dates, (c) the specific damages or other remedy or remedies that you are seeking. If we have a dispute with you, we must first send a written Notice of Dispute detailing the dispute and sending it to your email address, which you indicated in your account with the Services. If the claim detailed in either parties’ Notice of Dispute is not resolved within thirty (30) days of sending the Notice of Dispute that conforms with these requirements, then you or Casa de Pilates may commence arbitration according to the requirements in these Terms (the “Initial Dispute Resolution Period”).
If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either party may initiate binding arbitration as the sole means to formally resolve the Dispute, unless an exception or exclusion applies as stated below. The arbitration will be administered by a single arbitrator by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) effective as of the date of the Notice of Dispute, the current version of which are available at the JAMS website, http://www.jamsadr.com/rules-streamlined-arbitration, as modified by this Agreement. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you or we may file the Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules.
Unless contrary to JAMS Rules, Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the JAMS Rules. In an arbitration, the arbitrator shall allow dispositive motions.
The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Casa de Pilates, and any award of the arbitrator may be entered in any court of competent jurisdiction. To the greatest extent allowed by law, the arbitrator shall determine the scope, validity, interpretation and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitration shall be governed by the Federal Arbitration Act.
Class Action Waiver: TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AND CASA DE PILATES AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, GROUP, OR CLASS ARBITRATION, AS A PRIVATE ATTORNEY GENERAL, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR OTHERWISE SEEK TO RECOVER LOSSES INCURRED BY A THIRD PARTY. To the extent applicable law does not allow the waiver of certain claims, but permits those claims to be arbitrated, then such claims shall be resolved in arbitration. To the extent allowed by law, the arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, including injunctive relief.
14.1.5.1.Notwithstanding anything to the contrary herein, if the arbitrator may not legally adjudicate or award a particular legal or equitable claim or remedy, such claim or remedy shall be stayed until all other claims and remedies are final and the arbitration completed, after which the federal or state court may adjudicate the remaining claim and, if meritorious, award the remaining remedy. In doing so, the federal or state court is bound under the principles of claim or issue preclusion by the decision of the arbitrator.
14.1.5.2.The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
If the prohibition against class, group or collective actions is found to be unenforceable for any reason, the entire Section 15 of this Terms (but only Section 15) shall be null and void.
EXCEPTION – MASS ARBITRATION: Notwithstanding the parties’ decision to have arbitrations administered by JAMS, if 20 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and Casa de Pilates agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and Casa de Pilates agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by FedArb, a nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “FedArb Rules”), and under the rules set forth in these Terms. The FedArb Rules are available at https://www.fedarb.com/ or by calling 1-650-328-9500. You and Casa de Pilates agree that the Mass Arbitration shall be resolved using FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL, available at https://www.fedarb.com/. If for any reason the provisions in this Section are found to be unenforceable, or if for any reason FedArb declines to administer the Mass Arbitration, then the Dispute comprising the Mass Arbitration shall be administered by JAMS according to the JAMS Rules and consistent with the provisions of this Agreement, or in small claims court.
30 Day Right to Opt Out: you have the right to opt-out and not be bound by the arbitration agreement in this Section 14 by sending us a written notice via U.S. Mail, or by any available nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to Casa de Pilates 21010 Pacific Coast Hwy Unit H210, Huntington Beach, CA 92648. You must sign and date the notice, and include in it your name, address, and a clear statement that you are opting out of this arbitration agreement. The notice must be sent within 30 days of the date on which you first access or use the Services agree to these Terms; otherwise you shall be bound in accordance with Section 15. If you opt-out of these arbitration provisions, Casa de Pilates also will not be bound by them.
15.NOTICE FOR CALIFORNIA USERS: Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
16.Entire Agreement
16.1.Complete Understanding: These Terms constitute the entire agreement between you and Casa de Pilates regarding your use of our website and services. They supersede any prior agreements, understandings, or representations, whether oral or written, between you and Casa de Pilates.
16.2.Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from the rest of the Terms and shall not affect the validity and enforceability of any remaining provisions.
16.3.Effect: The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.
16.4.No Waiver: The failure of Casa de Pilates to enforce any provision of these Terms shall not be deemed a waiver of such provision or any other provision herein.
16.5.Governing Law: These Terms and any disputes arising out of or relating to them, and the rights and responsibilities of the parties shall be governed by the laws of California, without regard to its conflict of law provisions.
17. Contact Information.
Thank you for choosing Casa de Pilates as your destination for strength, balance, and renewal. If you have any questions or concerns regarding these Terms, please don't hesitate to contact us at:
Email: info@casadepilates.com
Phone: (714)333-0475