TERMS AND CONDITIONS AND PRIVACY POLICY
Welcome!
The material appearing on this website
https://pilatesblended.com (this “Site”), is provided as information about Pilates Blended’s business, community, and people, and as a platform for online connection. The owner of this Site, Pilates Blended and its directors, agents, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on the Site or material linked to this Site.
Any information on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion. By using this Site, you accept and agree that following and using any information or recommendation provided on this Site is at your own risk.
TERMS AND CONDITIONS
Please read the following carefully! Your access to and use of this Site is subject to legally binding terms and conditions which you accept and agree to by accessing this Site.
The following terms and conditions (“Terms and Conditions”) form a binding agreement (this “Agreement”) between you and Pilates Blended, LLC, a Limited Liability Company operating out of the State of Florida (“Pilates Blended”). Pilates Blended may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions.
1. Copyright. All materials created by Pilates Blended on the Site are protected by United States copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Pilates Blended.
2. Links to Third Party Websites. This Site may contain links to third party websites. All such linked sites, materials and pages are not under the control of Pilates Blended and Pilates Blended is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third party website. Pilates Blended accepts no liability for any errors or omissions contained in third party websites. These links are provided to improve your use of this Site, enable you to connect with Pilates Blended on various platforms, help Pilates Blended offer the easiest services for you and conduct transactions.
3. Use License. If Pilates Blended has materials on the Site which you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
3.1. modify or copy the materials;
3.2. use the materials for any commercial purpose or for any public display (commercial or non-commercial);
3.3. transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Pilates Blended at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
4. Refunds. Our refund policy for any of the services or products sold on the Site is as follows: All sales are final.
5. Disclaimer. Our goal is to share information in an informative, open, and honest way. That being said, any information and services provided on or through the Site is for informational and educational purposes only. What we share is the opinion and perspective of Pilates Blended. The information and education is not intended or implied to supplement or replace professional advice. Before taking any action, please make sure you consult with a professional.
6. No Guarantees. We make no guarantees about any particular results or benefits that you’ll get from our Site, our products or services. We will do everything to give you the tools to succeed, but we make no guarantees. We cannot be any more clear about this: we make no promises regarding results and make no guarantees whatsoever.
7. Site Terms of Use Modifications. Pilates Blended may revise these Terms and Conditions for its Site at any time without notice. By continuing to use the Site after Pilates Blended modifies this Agreement, you are agreeing to be bound by the updated version of this Agreement.
8. Limitation of Liability. In no event shall Pilates Blended or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site, even if Pilates Blended has been notified orally or in writing of the possibility of such damage.
9. Choice of Laws and Venue. The parties agree to irrevocably submit all claims relating to Pilates Blended’s Site to the exclusive jurisdiction of the courts of the State of Florida without regard to its conflict of law provisions.
10. Indemnity. As a condition of your use of this Site, you indemnify Pilates Blended and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.
11. Entire Agreement. These Terms and Conditions and any other legal notices, policies and guidelines of Pilates Blended linked to these Terms and Conditions or contained on this Site constitute the entire agreement between you and Pilates Blended relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Pilates Blended. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Failure by Pilates Blended to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right. Paragraph headings are for reference only.
PRIVACY POLICY
Pilates Blended understands how important your privacy is. This privacy policy (the “Privacy Policy”) sets out the privacy policies and practices for Pilates Blended, LLC and its subsidiaries and affiliates (collectively, “Pilates Blended”) with respect to how Pilates Blended collects your personal information. It also describes how Pilates Blended maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by Pilates Blended via the Site. This Privacy Policy also sets out how you can access certain information that Pilates Blended may collect about you.
In this Privacy Policy, personal information means information about an individual whose identity is apparent or can be reasonably ascertained from the information as further defined under applicable privacy laws (“Personal Information”).
Please note that the Site may contain links to other third-party websites that are not controlled or operated by Pilates Blended. All of these third parties are listed in section 4.4 of this Agreement. This Privacy Policy does not apply to such third-party websites, and Pilates Blended is not responsible for the content of such third-party websites or the privacy practices of such third parties. Pilates Blended encourages you to request and review the privacy policies of any third parties upon disclosing your Personal Information to such parties or when visiting such third-party websites.
1. Consent of Collection of Information. By submitting Personal Information to Pilates Blended and its Site or any of its service providers, you agree and consent to the collection of your Personal Information and consent to the use, disclosure and transfer of your Personal Information in accordance with the provisions of this Privacy Policy. You may always refuse or withdraw your consent by contacting Pilates Blended at feather@pilatesblended.com. You understand that if you withdraw your consent, Pilates Blended may not be able to continue to offer its services and provide its information to you.
2. Children Under 18. The Site is not intended for children under eighteen (18) years of age. No one under age 18 may provide any Personal Information to or on the Site. Pilates Blended does not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on the Site or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If Pilates Blended learns we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe Pilates Blended might have any information from or about a child under 18, please contact us at feather@pilatesblended.com.
3. Revisions to this Privacy Policy. Pilates Blended reserves the right, in Pilates Blended’s sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. Pilates Blended will treat your continued use of the Site following such revision as your acceptance of the revised terms. All revisions will be posted to the Site and will apply to any Personal Information collected on or after the date posted. Pilates Blended will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your Personal Information for purposes other than those to which consent has been obtained, unless otherwise required or permitted by law.
4. What Personal Information does Pilates Blended collect and how is it processed?
4.1 What do we collect? Pilates Blended may directly collect your name, address, phone number and email address. There may be other information you provide but that will not be collected by Pilates Blended and instead will be collected by the third parties Pilates Blended works with as outlined in 4.4.
4.2 Email. We may send you a newsletter or other promotional materials through email. We will only contact you through our newsletter for promotional or informational purposes. Subscribing to our newsletters is optional and you will always be able to unsubscribe.
4.3 Phone Number. We may collect your phone number and we may contact you via phone to contact you or if we feel there is information which would be beneficial to share with you. In accordance with everything outlined in this Privacy Policy, if you do not want to be reached by phone, you can ask us not to contact you via phone or you can choose not to share your phone number.
4.4 Third Parties. Pilates Blended may work with third party applications in order to provide you with the best services on the Site. These organizations may collect Personal Information from you in order to provide you with the services, including your name and contact information. Specifically, the third parties Pilates Blended may work with on the Site are listed below. We’ve included links to their privacy policies to ensure you are comfortable using them.
4.4.1 Stripe:
https://stripe.com/privacy,
4.4.2 Facebook:
https://www.facebook.com/privacy/policy,
4.4.3 Instagram:
https://privacycenter.instagram.com/policy,
4.4.4 Zoom:
https://zoom.us/privacy,
4.4.5 Paypal:
https://www.paypal.com/va/webapps/mpp/ua/privacy-full,
4.4.6 Square:
https://squareup.com/us/en/legal/general/privacy,
4.4.7 Thrivecart:
https://legal.thrivecart.com/platform/privacy/,
4.4.8 Mailerlite:
https://www.mailerlite.com/legal/privacy-policy,
4.4.9 Canva:
https://www.canva.com/policies/privacy-policy/,
4.4.10 Threads:
https://terms.threads.com/privacy-policy,
4.4.11 Jotform:
https://www.jotform.com/privacy/,
4.4.12 Amazon Affiliate Services:
https://aws.amazon.com/privacy/?nc1=f_pr
5. How will Pilates Blended use your Personal Information? Your Personal Information will be used to provide you with promotional and informative materials and offers and deliver the products and services you can purchase or subscribe to from the Site. Specifically:
5.1. Your credit card information will not be kept by Pilates Blended but instead by one of the third parties listed in section 4.4 above;
5.2. Your name and e-mail address are collected but will not actually be stored on the Site. Any information captured will be processed through third party websites in section 4.4 above;
5.3. Your phone number may be used to contact you via phone if there is information we would like to share which we feel would benefit you;
5.4. If you subscribe to our newsletter your Personal Information will be used to send the newsletter to you;
5.5. If we send you the Newsletter for marketing purposes, we will send you emails about promotions, special events and other information. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an email that includes your email address and a request that you not receive our promotional emails;
5.6. We may use your Personal Information to respond when you submit a question or suggestion to us, or when you request assistance regarding a service or product you purchased.
5.7. We may share your information if we believe in good faith that disclosure of your information is required to protect your safety or the safety of others, to investigate a fraud, or to respond to a government, judicial or other legal request or to comply with the law;
5.8. We may also share certain aggregated, anonymized information with a third-party provider in order to assist us in improving the Site.
6. Storing Your Personal Information. Pilates Blended’s web service may store your Personal Information when you interact with the Site. Pilates Blended will be happy to delete any of your Personal Information that it holds upon a written request made by you. Your Personal Information will be safely disposed of by Pilates Blended.
7. Storing Your Phone Number. Your phone number will be kept in the phone or contacts database of Pilates Blended and associates. Wherever it is stored, it will always be protected with a password and will never be shared with third parties without your permission.
8. We Play by The Rules. The Site and Pilates Blended abide by all relevant United States federal and State privacy laws in all aspects of our operations. This Privacy Policy is also compliant with GDPR and CCPA regulations. If you have any questions about our legal compliance, feel free to reach out to feather@pilatesblended.com.
9. Affiliate Relationships. Please assume that, for every recommendation or link we provide, the following holds true: we have become aware of a product or service that we think may be of interest to people who visit our website. After we do our own research and decide this item is of value to ourselves, our community, or our clients, we choose to promote that item and are compensated when our readers click on the link or purchase the product or service. (That compensation comes from our affiliate, not you). Regardless of compensation, we only mention products and services that we believe in and feel would be a benefit to you.
10. Do Not Track Signals. Pilates Blended currently does not recognize or respond to browser-initiated Do Not Track (DNT) signals, as the Internet industry is currently still working on Do Not Track standards and there is no accepted standard on how to respond to such signals.
11. Analytics. The Site keeps the following information from your visits to our webpage:
11.1. Visitor information to improve our customer engagement which tells us where and when people visit the Site and how long they stay there; and
11.2. IP information for website and server security.
12. Cookies. The Site uses ‘cookies’ to keep a record of the number of times you’ve visited the Site and how you interacted with the Site during each visit. In addition to this, the Site also uses cookies which are not absolutely essential for your use of the Site. Your continued use of the Site serves as consent for these cookies.
12.1. A cookie is a small text file that gets sent by the servers of the Site to your hard drive and can only be read and interpreted by the Site’s servers. No Personal Information is stored in the cookie and there is nothing on it which can identify you personally.
12.2. Cookies have an important function in how you interact while visiting the Site, ensuring the usability of the Site’s different features, helping the Site understand your preferences, and thus can improve your experience on the Site. If you do not want cookies from the Site, simply adjust the settings in your web browser to disable cookies. This may change the way you access the Site and may also render some of the Site’s features unusable, but of course it is your choice to do so.
13. Disclosure of Personal Information. Pilates Blended will NEVER sell or license any Personal Information we collect from you. Pilates Blended is not liable for any disclosure of your Personal Information by any third party, particularly the ones outlined in section 4.4 above. By purchasing the services and products offered by Pilates Blended, you agree to be bound to and consent to the provisions of our third parties’ privacy policies. In the event that Pilates Blended changes its practices, you will be notified and you will be able to opt-out of Pilates Blended using your Personal Information by contacting us at feather@pilatesblended.com.
14. Choice of Laws and Venue. This Privacy Policy and the use of the Site are governed by the laws of the United States and the State of Florida . The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Florida . If a dispute arises, we agree to first resolve it through binding arbitration to take place in the State of Florida .
15. Your Consent. By choosing to provide Pilates Blended with your Personal Information you are consenting to its collection, use and disclosure in accordance with the principles outlined in this Privacy Policy. If you are under the age of 18, you must not provide any Personal Information to us without the consent of your parent or guardian, or as otherwise provided for by applicable law.
16. Protecting Your Privacy. Pilates Blended is committed to protecting your privacy. Security measures, such as using passwords on servers and computers, and locked cabinets where Personal Information is stored have been adopted to protect your Personal Information against loss or theft, unauthorized access, disclosure, copying, use or modification. Online transactions are completed using third party applications outlined in section 4.4 above. Please refer to the third parties’ privacy policies, of which links have been provided above, for clarification on how your transaction and Personal Information will be handled. Pilates Blended makes no promises, warranties or representations about the manner in which your Personal Information is handled by third parties and bears no liability whatsoever for their use of them.
17. Verifying your Identity. Pilates Blended will ask you to verify your identity when you contact us or submit a request regarding your Personal Information. Pilates Blended will ask you to provide sufficient information that allows us to reasonably verify that you are the person who we collected Personal Information about.
18. The Internet Can Be Unreliable. The internet is, by its nature, inherently open and subject to interception of information. We cannot guarantee that the information you provide to Pilates Blended over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside of Pilates Blended’s control.
19. Verifying and Amending Your Personal Information. Pilates Blended tries to ensure that all Personal Information about you that is in our possession is accurate, complete and up-to-date. Please contact us at feather@pilatesblended.com to advise us of any changes to your Personal Information. You may request access to the Personal Information held by Pilates Blended at any time or seek to make corrections to it.
20. Resolving your concerns. If you have any questions or concerns about Pilates Blended's Personal Information collection, use and disclosure practices, please let us know at feather@pilatesblended.com and we will do our best to help you.
WAIVER AND RELEASE OF LIABILITY
Welcome! Before participating in Pilates Blended’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us, and to have you release Pilates Blended of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen or broken, or if anything else goes wrong.
If you are a minor in the State of Florida or in your place of residence, your legal guardian must also sign this Waiver on your behalf.
PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
1. Parties. We are Pilates Blended, LLC, a Limited Liability Company based in the State of Florida. In this Waiver, we will refer to ourselves as “Pilates Blended,” “us,” “we,” and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your.”
2. The Services . While with us at Pilates Blended, you may receive the following harmonious and transformative services and more (the “Services”):
2.1. Mindset Coaching, Health Coaching, Energy Work, Spiritual Development, Massage and Reiki, Pilates, Yoga, Mobility, Mindful Coaching and Meditation.
2.2. The Services may involve physical contact in the form of hands-on assists and adjustments. If you have any questions about what the Services entail, please ask us before signing this.
2.3. The Services also apply to any of the Services made available for online streaming (through evergreen online courses) and participation or that take place outside of Pilates Blended facilities, including outdoors or at your home. As many of the Activities will take place on our evergreen online courses, you will be responsible for ensuring your own safe environment and own safe practice.
3. Equipment. In the course of the Activities, you may use a variety of equipment, which could include but is not limited to blocks, bolsters, yoga straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls, Pilates straps, mats, reformers, chairs, tower, rings, resistance bands, cadillacs, barrels, elastic bands, Gyrotonic pulley towers, Gyrotonic ladders, magic circles, Pilates springs, spinal correctors, orbit, oov, toe corrector, foot corrector, ped-o-pul, Pilates arc, stability and rotational discs, balance pads, dumbbells, foam rollers, TRX, bosu balls, gliders, ladder unit, pull up bar, Pilates sling and Pilates balls (the “Equipment”). Please do not use any equipment not instructed by Pilates Blended and as you may be using the Equipment out of your own home or studio or another gym or facility, it is your responsibility to ensure that the Equipment is properly maintained.
4. Inherent Risks. You understand that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death. Potential side effects and injuries include but are not limited to:
4.1. Physical Injuries may include muscle tears, muscle strains and other musculoskeletal injuries, bruising, blood clots, nerve injury, scarring, redness, swelling, tenderness, hyperpigmentation, bleeding, soreness, headaches, dizziness, fatigue, fainting, bone fractures, indigestion and infection, head injuries, concussions or concussions syndromes and PTSD.
4.2. Over-supplementation or improper supplementation resulting in allergic reaction, toxic overload, digestive distress, headaches, worsening of existing symptoms, etc.
4.3. Emotional, psychological and physiological changes, distress, disorientation related to changes in lifestyle, confronting difficult issues, personal challenges, and suppressed feelings or thoughts.
4.4. Skin irritation including redness, sores, itching, and burning, hair damage including split ends, breakage, and hair loss, headaches, nausea, and dizziness.
4.5. Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or equipment.
4.6. There are additional risks posed by receiving the Services outside of Pilates Blended facilities, as this is a different environment. You acknowledge that where you agree to receive the Services outside of Pilates Blended facilities you accept the increased and additional risks that come with this setting. As most of our Services are offered online, you must ensure the safety of your own environment and mitigation of your own risks.
4.7. There may be other reasonable risks posed for Services performed outdoors, such as sun exposure and risk of dehydration, insects, exposure to infections, diseases, pollutants as well as other environmental factors. You understand and agree that Pilates Blended is not responsible for any injuries caused as a result of performing the Services outdoors.
4.8. If you are pregnant or recently gave birth, there are additional risks to your body and to the health of your fetus, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
5. Affirmation of Health. By agreeing to receive the Services, you agree that you are healthy enough to receive them. If you are unsure, you affirm that you have sought medical advice and consulted with your primary care physician to determine that these are the right treatments for you and do not pose a significantly increased risk to your health. If you have any pre-existing medical conditions, physical injuries, weakness, or are pregnant or post-natal, you should consult with your doctor first before engaging with the Services. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Services.
6. Medical Disclaimer. You fully understand that Pilates Blended is not a medical or healthcare professional and that the Services and any information, consultation or facilitation provided by Pilates Blended does not constitute medical treatment or advice. You acknowledge and agree that your use of any dietary, lifestyle or wellness recommendations or information is completely voluntary and you are solely responsible for freely choosing to implement them. Regarding any physical or mental health problems, ailments, conditions, eating disorders, or other diseases, you are now being advised that it is your responsibility to obtain competent medical advice from a licensed medical or mental health professional. You understand and agree that any service rendered by Pilates Blended is not designed to diagnose, cure or prevent any disease, pain, deformity, injury, or mental or physical condition of any kind.
7. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of receiving the Services provided by Pilates Blended. By signing, electronic signing, or clicking “I Agree” (or something similar), you are confirming your voluntary engagement and assumption of the risks of the Services.
8. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and Pilates Blended is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Services.
9. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Pilates Blended, LLC and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Services with Pilates Blended, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Services. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
10. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing treatments, workshops and Services whether in person (inside or outside), online, or via video conferencing tool.
11. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of Florida. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Florida. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand.
You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.