1         Interpretation and Variation

1.1                VP Vibrant Pilates Miami LLC (“the Company”), located at 16227 N Kendall Dr, Miami, Florida 33196, reserves the right to vary and revoke these Terms and Conditions from time to time, which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members.

1.2                These Terms and Conditions will be governed by the laws of Florida and subject to the exclusive jurisdiction of the Florida courts.

2         Membership

2.1                Subject to these Terms and Conditions, when a person has completed the online Registration, they will become a Member of the Studio.

2.2                Acceptance of a person as a Member is at the absolute discretion of the Company.

2.3                The Company reserves the right to expel from the Studio, suspend for a specific period, or refuse to renew the membership of any Member whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of these Terms and Conditions, or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which their membership is suspended.

2.4                If a Member brings a guest to the Studio for a session, that guest must, before the commencement of the relevant session, become a Member in accordance with and subject to these Terms and Conditions.

2.5                Members must be eighteen (18) years of age or older.

3         Studio Opening Times. Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.vpvibrantpilates.com.

4         Payment Terms

4.1                Details of session prices and gift certificate prices are available either at www.vpvibrantpilates.com or directly from the Studio and will be such prices as determined by the Company from time to time.

4.2                A Member may not attend any session at the Studio without first booking and paying for the relevant session.

4.3                Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in these Terms and Conditions.

4.4                Credits and memberships purchased can only be used in the location where they were purchased and are non-transferable across regions.

5         Bookings and Cancellations

5.1                Sessions are booked on a first-come, first-served basis.

5.2                A Member may use the waiting list function at www.vpvibrantpilates.com in the event that the client’s first choice session is unavailable. If a Member joins the waiting list for a particular session and then books into that session, their booking will be subject to these Terms and Conditions. Members will be automatically added from the waitlist up to 8 hours prior to the start of class. Our 12-hour cancellation policy in section 5.4 applies, and therefore members must remove themselves prior to those 12 hours if they do not want to be automatically added up to 8 hours prior to class.

5.3                Sessions are valid for thirty (30) days from and including the date of purchase unless otherwise stated in the promotion, offer, or online booking system.

5.4                Any cancellation within 12 hours of class will be considered a late cancellation. If a client late cancels or is a no-show and has reserved with a class pack or session, they will forfeit their credit. No-shows/late cancellations on a membership, including 1 month unlimited, 1 week unlimited, 6 month memberships, and any auto-renew, will result in a $25 no-show/late cancellation fee billed to the credit card on file.

5.5                If a Member does not arrive at the start of the scheduled class time, the Member forfeits their reservation and spot in class. If the Member used a credit to book, the Member will forfeit their credit. If the Member is on a monthly unlimited, 1 week unlimited, 6 month membership, or auto-renew, the Member will be charged a late fee of $25. All monthly members, weekly memberships, and auto-renew members are required to keep an active card on file.

6         Fitness and Health

6.1                By agreeing to these Terms and Conditions, Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulties; diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio.

6.2                It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any).

6.3                Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and well-being. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult their doctor.

6.4                The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities.

6.5                Members are required to follow the instructions of the instructor at all times.

7         Limitation of Liability

7.1                The Company cannot be held responsible for any particular session, instructor, and/or item of equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors, and/or equipment, as well as to those ancillary facilities provided to Members, without notice and in its absolute discretion. The Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.

7.2                It is the Member’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any program which they follow or class which they attend. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional.

7.3                The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage, or injury is by law incapable of exclusion.

8         Use of Facilities. A Member is entitled to use the Studio’s facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.

9         Personal Belongings. Personal belongings are brought onto the Studio premises at the Member’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.

10      Dress. Members are requested to wear a form of dress appropriate to the practice of Pilates. The Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members are required to attend sessions in non-slip socks. Footwear should be removed in the entry area.

11      Safety and Hygiene

11.1             In the interests of safety and hygiene, no crockery, glass, or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. With the exception of guide dogs, no pets are permitted in the Studio buildings or grounds.

11.2             Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints.

11.3             Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.

11.4             Smoking is forbidden in the Studio.

12      General

12.1             Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company.

12.2             The Company reserves the right to refuse admission to the Studio.

12.3             The Company may assign the benefit of the Registration Process and a Member’s membership to a third party at any time without notice to the Member.

12.4             The Registration Process, including these Terms and Conditions, shall not be construed to grant any third-party beneficiary rights to any person.

12.5             The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company, the Member consents to receiving email communications from the Company, including notices pursuant to these Terms and Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email.

12.6             Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members.

12.7             Any marketing, educational, or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company’s copyright.

12.8             By opting in to any of our forms, you are agreeing to receive text messages, including automated text messages, from VP Vibrant Pilates Miami LLC to the phone number you provided about VP Vibrant Pilates Miami LLC services and related promotions and offers. Message and data rates may apply. You can stop receiving text messages at any time by texting STOP.

13      Mediation and Arbitration

13.1             Any controversy or claim relating to, arising out of, based upon, or resulting from these Terms and Conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute relating to, arising out of, based upon, or resulting from these Terms and Conditions, or the breach thereof, cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.

13.2             Any mediation shall be held in Miami-Dade, Florida, or such other location as the parties may mutually agree. Mediation shall be completed within forty-five (45) days following delivery of notice to mediate, and the fees and expenses of the mediator shall be paid half by each party.

13.3             Arbitration shall be conducted in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures, modified as follows: (1) the total time from date of demand for arbitration to final award shall not exceed forty-five (45) days; (2) the arbitrator shall be chosen by the AAA without submittal of lists and subject to challenge only for good cause shown; (3) the time, date, and place of the hearing shall be set by the arbitrator in their sole discretion, provided that there be at least seven (7) days prior notice of the hearing; (4) there shall be no post-hearing briefs; and (5) the arbitrator shall issue their award within seven (7) days after the close of the hearing.

13.4             The arbitration shall be held in Miami-Dade, Florida, or such other location as the parties may mutually agree. The decision of the arbitrator shall be binding on the parties, not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Miami-Dade County, Florida.

13.5             The fees and expenses of the arbitrator shall be paid half by each party, but the arbitrator shall award the prevailing party’s arbitration fees and expenses as a cost to the prevailing party in the arbitration award. The parties shall each hold harmless and indemnify the arbitrator from any claims arising in connection with the arbitration.

13.6             No provision of, nor the exercise of any rights under, these policies governing mediation and arbitration will limit the parties’ right to request and obtain provisional or ancillary remedies or relief, including temporary or permanent injunctive relief or to restrain or prevent any breach or default from any court having jurisdiction, before, during, or after the pendency of any arbitration.

13.7             The prevailing party shall recover its costs and reasonable attorney’s fees, which shall be determined and fixed by the arbitrator as part of the arbitration award, and in the case of any court proceeding seeking provisional or ancillary remedies or relief, by the court (at all trial and appellate levels).

13.8             Waiver of Jury Trial. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS RELATING TO, ARISING OUT OF, BASED UPON, OR RESULTING FROM THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THE PARTIES HERETO RECOGNIZE AND AGREE THAT ANY SUCH CLAIM, DISPUTE, OR OTHER CONTROVERSY BETWEEN THE PARTIES WOULD INVOLVE DIFFICULT AND COMPLEX ISSUES THAT WOULD BE MORE APPROPRIATE TO TRY BEFORE AN ARBITRATOR OR A JUDGE WITHOUT A JURY.

14      Consumer Protection Clauses:

The following clauses are an integral part of this contract:

14.1             You, the buyer, may cancel this agreement at any time prior to midnight of the third business day after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice stating that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to:

VP Vibrant Pilates Miami LLC

16227 N Kendall Dr

Miami, FL 33196

Email: info@vpvibrantpilates.com

A refund will be issued within 30 days after receipt of the cancellation notice. VP Vibrant Pilates Miami LLC may retain an amount computed by dividing the number of complete days in the contract term (or the number of occasions health studio services are to be rendered) into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract (or by the number of occasions that health studio services have been rendered).

14.2             You may cancel this agreement if VP Vibrant Pilates Miami LLC goes out of business or moves its facilities more than five driving miles from the business location designated in this contract. If VP Vibrant Pilates Miami LLC fails to provide, within 30 days, a facility of equal quality located within 5 driving miles of the business location designated in this contract at no additional cost to you, you are entitled to a full refund.

14.3             To cancel this agreement, send a written notice to VP Vibrant Pilates Miami LLC. Your notice of cancellation terminates automatically your obligation to any entity to whom VP Vibrant Pilates Miami LLC has subrogated or assigned your contract. If VP Vibrant Pilates Miami LLC wishes to enforce the contract after receipt of your notice, it may request the Florida Department of Agriculture and Consumer Services to determine the sufficiency of the notice.

14.4             If the Florida Department of Agriculture and Consumer Services determines that a refund is due, the refund shall be computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. VP Vibrant Pilates Miami LLC may not be deemed out of business when temporarily closed for repair and renovation of the premises: 1) Upon sale, for not more than 14 consecutive days; or 2) During ownership, for not more than 7 consecutive days and not more than two periods of 7 consecutive days in any calendar year. Any refund due will be issued within 30 days after receipt of the cancellation notice.

14.5             If VP Vibrant Pilates Miami LLC goes out of business, you should contact the Florida Department of Agriculture and Consumer Services for information within 60 days.

14.6             You may cancel this agreement if you die or become physically unable to avail yourself of a substantial portion of the services you used from the commencement of the contract until the time of disability. You or your estate may be required to provide proof of disability or death. The refund will be computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. A physical disability sufficient to warrant cancellation is established by providing VP Vibrant Pilates Miami LLC with a certification of such disability by a physician licensed under Chapter 458, 459, 460, or 461, provided the diagnosis or treatment is within the physician's scope of practice. A refund will be issued within 30 days after receipt of the cancellation notice.

14.7             The initial contract will not be for a period in excess of thirty (30) days. Renewal contracts may not be executed and the fee therefore paid until the preceding contract expires. All sessions purchased must be used within thirty (30) days from the date of purchase.

14.8             If VP Vibrant Pilates Miami LLC requires you to furnish identification upon entry to the facility and as a condition of using the services, VP Vibrant Pilates Miami LLC will provide you with the means of such identification.

SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN 1 MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.