HESS PILATES TERMS & CONDITIONS

Effective Date: 05/01/2025

Welcome to Hess Pilates! These Terms & Conditions ("Terms") govern your access to and use of our studio services, website, and related offerings. By accessing or using any of our services, you agree to be bound by these Terms. Please read them carefully.

1. MEMBERSHIP AND CLASS POLICIES

1.1 Memberships: All memberships are governed by our Membership Agreement. Members must comply with all studio rules, regulations, and safety protocols. Violation of these policies may result in suspension or termination of your membership.

1.2 Class Bookings: Classes must be booked in advance through our website or app. Please arrive at least 5 minutes before class. Late arrivals may not be admitted to avoid disruption.

1.3 Cancellations and No-Shows: Class cancellations must be made at least 24 hours in advance. No-shows and late cancellations may result in a charge as outlined in your membership agreement. Membership cancellations must be submitted in writing 14 days before the next billing cycle.

·        For Hess unlimited memberships, late cancelation (within 12 hours) and no show will result in a $15 no-show fee.

1.4 Early Termination of Membership: Early termination is subject to a $200 fee, which helps cover administrative and service costs.

1.5 Hess Pilates reserves the right to modify or cancel classes due to instructor availability or unforeseen circumstances.

1.6 Hess Pilates After-Hours Booking Cancellation Policy
You may cancel or reschedule your private event up to 5 days in advance without any penalty.
Cancellations made within 5 days of the scheduled event will incur a 50% cancellation fee.
Cancellations made within 24 hours of the event are non-refundable.

If a class is currently full — join the waitlist!
You’ll be automatically added if a spot becomes available.

  • If your plans change, please cancel at least 12 hours in advance to avoid a late cancel.

  • To stay in the loop, make sure your notifications are turned on.

  • If a spot opens within the 12-hour window, an email/text will be sent to all waitlisted clients — the first person to claim it will secure the spot.

  • If you no longer wish to attend, please remove yourself from the waitlist to allow others the opportunity.

 

2. STUDIO RULES AND MEMBER CONDUCT

2.1 Attire: Grip socks are required. Proper fitness attire must be worn. No street shoes allowed inside the studio. (If you forget yours, we have them available for purchase.)

2.2 Health and Medical Disclosure: Inform your instructor of any injuries, health conditions, or pregnancy before class. Always follow your healthcare provider's advice and inform staff if modifications are needed.

2.3 All pregnant clients are required to provide a doctor’s note prior to participating in any classes and only participate in our Hess Basic class.

2.5 Behavior and Respect: Members are expected to act respectfully and courteously toward all staff and clients. Harassment, discrimination, or disruptive conduct will result in immediate dismissal from the studio and forfeiture of membership.

2.6 Please wipe down equipment after use with the provided sanitizing wipes.

3. PAYMENTS AND FEES

3.1 Payments: All services must be paid in advance. We accept major credit cards and other approved digital payment methods.

3.2 Fee Changes: Pricing is subject to change. Hess Pilates will notify members of changes prior to their effective date.

3.3 Refund Policy: All sales are final. We do not offer refunds on classes, memberships, or packages.

4. PRIVACY AND SECURITY

4.1 Data Collection: We collect personal data in accordance with our Privacy Policy, including name, contact information, and health disclosures as needed for safe participation.

4.2 Security Measures: We implement reasonable safeguards to protect your data, but we cannot guarantee the complete security of information shared online.

5. ASSUMPTION OF RISK AND LIMITATION OF LIABILITY

5.1 Assumption of Risk: By participating in Hess Pilates classes and using our facilities, you assume all inherent risks associated with physical activity, including but not limited to injury, illness, or medical emergencies.

5.2 Disclaimer of Warranties: All services are provided “as is” and “as available.” We do not guarantee that services will be uninterrupted, error-free, or suitable for your specific goals.

5.3 Limitation of Liability: To the maximum extent permitted by law, Hess Pilates, its owners, staff, and affiliates are not liable for any direct, indirect, incidental, or consequential damages resulting from your participation in our programs.

6. COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS

When accessing and using the Site and/or the Services, you agree to obey all applicable laws and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content that you provide or transmit to us.

As between you and us, all content on the Site and the Services, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound or any other digital media, is owned by us and/or our licensors and is subject to protection by patent, copyright, trademark or other intellectual property or proprietary rights. The entire content of the Site is copyrighted as a collective work under United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content.

Any feedback, suggestions or ideas you provide relating to the Site and/or Services shall be deemed non-confidential and may be used by us on a royalty-free, perpetual, irrevocable, worldwide, transferable, unrestricted basis.

All trademarks, trade names, trade dress, logos and service marks (“Trademarks”) appearing on the Site and/or Services are the property of their respective owners. Nothing herein grants you a license or right to use any Trademarks or copyrights without express written permission.

Except as expressly provided, you may not use, modify, create derivative works of, copy, redistribute, reproduce, publish, transmit, display, commercialize, or exploit any content from the Site or Services without written consent. You acknowledge that you do not acquire ownership rights by accessing or using the Site and/or Services.

7. USER CONTENT

You are, and shall remain, solely responsible for the content of any materials, including, without limitation, User Generated Social Media Content (as defined below), submissions, artwork, logos, service marks, trademarks, images, text, ideas, notes, drawings, photographs, graphics, messages, concepts, or other information or communications (“User Content”) you send, provide, upload, post or transmit to us via the Site, the Services, email, the Internet, or otherwise.

We welcome our clients to share photos and videos of their Hess Pilates experience, including on social media websites, social applications, and digital platforms. By tagging or mentioning Hess Pilates in any User Generated Social Media Content, you may grant us permission to use, share, and re-post your photos, videos, and other content.

You hereby grant to Hess Pilates and its affiliates a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, share, re-post, translate, create derivative works of, and display User Content, without payment, royalties, or other consideration to you, in connection with (i) the operation of the Site, (ii) providing you the Services, and (iii) promotional, advertising, or marketing purposes. This includes using and authorizing others to use your name and/or social media handle in association with the User Generated Social Media Content for promotional purposes. While we aim to credit the original creator where possible, credit is not guaranteed.

Subject to existing laws, you waive any moral rights in any User Content. You also release Hess Pilates and its affiliates from all claims related to the use or non-use of your User Content, including claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss.

You represent and warrant that you are the owner or have the rights to license the User Content and that it does not infringe any third-party rights. You must not share User Content that:

  • (a) contains personal data without appropriate consent;

  • (b) is threatening, abusive, harassing, degrading, or mocking;

  • (c) is defamatory, obscene, pornographic, or otherwise inappropriate;

  • (d) promotes offensive, discriminatory, or dangerous conduct;

  • (e) depicts violence, cruelty, or illegal activity;

  • (f) includes spam or unsolicited content;

  • (g) impersonates others or misrepresents affiliations.

Hess Pilates reserves the right (but not the obligation) to monitor, edit, refuse to post, or remove any User Content in violation of these Terms or deemed objectionable. We may preserve and disclose User Content to comply with legal processes, enforce our Terms, address claims of third-party rights violations, or protect Hess Pilates and our community.

We recommend users keep a backup of any submitted content. Hess Pilates does not guarantee long-term availability of any uploaded User Content.

8. Media Release Policy

By participating in any Hess Pilates classes, you acknowledge and agree that photos and videos may be taken during group sessions for promotional, advertising, and marketing purposes on our social media platforms and website. If you prefer not to appear in these photos or videos, please inform us in advance, and we will make every effort to accommodate your request.

9.Pricing policy

Prices for services and products are subject to change at any time without prior notice.

10. MONITORING; COPYRIGHT COMPLAINTS

We have the right, but not the obligation, to monitor, edit, suspend, or remove any content or activity on the Site or Services, including User Content. Infringing content may result in account suspension or termination.

If you believe your copyrighted work has been used in a way that constitutes copyright infringement, you may submit a DMCA-compliant “Infringement Notification” to us. This notification must include:

  • A physical or electronic signature of the copyright owner or authorized agent;

  • Identification of the copyrighted work(s) claimed to have been infringed;

  • Description of the infringing material and its location on the Site;

  • Your contact information;

  • A statement that you have a good faith belief the use is unauthorized;

  • A statement under penalty of perjury that the notification is accurate and you are authorized to act.

Repeat infringers (3 or more notices) may be permanently banned from accessing the Site and Services.

You are, and shall remain, solely responsible for the content of any materials, including, without limitation, User Generated Social Media Content, submissions, artwork, logos, service marks, trademarks, images, text, ideas, notes, drawings, photographs, graphics, messages, concepts, or other information or communications (“User Content”) you send, provide, upload, post or transmit to us via the Site, the Services, email, or otherwise.

You hereby grant Hess Pilates and its affiliates a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, share, re-post, translate, create derivative works of, and display User Content, without compensation, for (i) operating the Site and providing Services; and (ii) promotional, advertising or marketing purposes. This includes the use of your name or social media handle.

You represent and warrant that you own or have the rights to license the User Content and that it does not violate any third-party rights. You must not submit User Content that contains personal data without consent, offensive or unlawful material, or impersonates others.

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable. We may preserve and disclose User Content if required by law or if necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims of third-party rights violations; or (d) protect Hess Pilates, users, and the public. We do not guarantee storage of User Content and recommend you keep copies.

11. DISPUTE RESOLUTION AND GOVERNING LAW

8.1 Governing Law: These Terms are governed by the laws of the State of California. All disputes shall be resolved in Los Angeles County.

8.2 Arbitration Agreement: Any dispute arising under these Terms will be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association, with hearings held in Los Angeles, California. You waive any right to participate in class actions or jury trials.

12. CHANGES TO TERMS

We reserve the right to amend these Terms at any time. Updated versions will be posted on our website and will become effective upon posting. Continued use of our services constitutes acceptance.

13. CONTACT US

If you have any questions or concerns about these Terms & Conditions, please contact us: Hess Pilates