Last Updated: August 3, 2025

Welcome, and thank you for your interest in Viva Pilates Studio, LLC (“Viva Pilates,” “Viva Pilates Studio,” “we,” or “us”) and our website www.vivapilatesstudio.co, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Viva Pilates Studio regarding your use of the Service.

1. Agreement to Terms
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING VIVA PILATES’ PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND VIVA PILATES’ PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY VIVA PILATES AND BY YOU TO BE BOUND BY THESE TERMS.

2. Health and Safety
Disclaimer. YOU SHOULD BE AWARE THAT THERE ARE INHERENT HEALTH RISKS TO EXERCISE, INCLUDING RISK OF INJURY. BY ACCESSING THE SERVICE, YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR PERFORMANCE OF ANY AND ALL EXERCISES OR ACTIVITIES RECOMMENDED BY THE SERVICE IS WHOLLY AT YOUR OWN RISK. VIVA PILATES STUDIO, ITS EMPLOYEES AND ITS AGENTS, WILL NOT BE LIABLE FOR ANY PHYSICAL OR MENTAL INJURY OR ILLNESS THAT MAY RESULT, WHETHER DIRECTLY OR INDIRECTLY, FROM ANY OF OUR CLASSES. WHILE WE MAY PROVIDE GUIDELINES SUCH AS DESCRIPTIONS, PICTURES, OR VIDEOS DESCRIBING HOW TO PERFORM SPECIFIC EXERCISES OR ACTIVITIES, YOU ASSUME SOLE RESPONSIBILITY FOR PERFORMING THOSE EXERCISES OR ACTIVITIES WITH PROPER FORM, AS RISK OF INJURY OR ILLNESS INCREASES WITH IMPROPER FORM. WE ENCOURAGE YOU TO SEEK MULTIPLE SOURCES OF INFORMATION REGARDING HOW TO PERFORM EACH EXERCISE CORRECTLY, ESPECIALLY IF YOU ARE NEW TO ANY OF THE FORMS OF TRAINING OR ACTIVITY YOU SEEK TO PERFORM.

WE HIGHLY RECOMMEND YOU SEEK GUIDANCE FROM A MEDICAL DOCTOR OR OTHER QUALIFIED HEALTH CARE PRACTITIONER IF YOU ARE PREGNANT, HAVE ASTHMA, OR HAVE ANY PREEXISTING INJURIES OR CONDITIONS THAT MAY COMPROMISE YOUR BREATHING, OR THAT MIGHT OTHERWISE INTERFERE WITH RECOMMENDED ACTIVITIES.

YOU MUST DISCONTINUE EXERCISE IN CASES WHERE IT CAUSES PAIN OR SEVERE DISCOMFORT, AND SHOULD CONSULT A MEDICAL EXPERT PRIOR TO RETURNING TO CLASSES IN SUCH CASES.

3. Eligibility
You must be at least 18 years old to participate in any fitness classes or services provided by Viva Pilates Studio. If you are under 18, you may only participate with the consent of a parent or guardian.

4. Services and Fee
We offer fitness classes, private training, and other related services. Fees for classes and services are as indicated on our website or in the studio. All purchases are non-refundable, and classes or memberships are non-transferable unless otherwise specified in writing. 

5. Authorization. You authorize Viva Pilates to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Viva Pilates, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Viva Pilates may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

6. Cancellations and No-Shows
You must cancel your reservation at least 12 hours before the scheduled class to avoid losing your class credit and/or penalty fee. Memberships + Class Packs: If you cancel within the 12-hour window before class, you will lose your class credit. If you are scheduled for a class and do not show, you will lose your class credit, and be charged an additional $20. Unlimited Memberships: If you cancel within the 12-hour window, you will be charged a $20 fee. If you are scheduled for a class and do not show, you will be charged a $25 fee. This is strictly enforced. No exceptions will be granted as we are a small boutique studio, and we want to be respectful of our instructors and others in your class. 

Private Sessions have a 24-hour from start time cancellation policy.  Late cancellations and No Shows will result in loss of private session credit and/or a $50 fee (late cancellation).  Membership holders may lose a class from their class pack and/or incur additional charges depending on their membership plan.

7. Payments. The monthly memberships service may include automatically recurring payments for periodic charges (“Membership”). If you activate a Membership, you authorize Viva Pilates to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by emailing info@vivapilatesstudio.co.

8. Credits. Obtaining Credits; Not Currency. Viva Pilates, in its sole discretion, may offer you the ability to purchase a license to our in-app virtual currency (“Credits”) that may be used to acquire access to classes or other content. However, while we may use terms like “buy” or “purchase” in reference to Credits, such terminology is merely for convenience and does not mean that Credits have any particular value. When you purchase Credits, you obtain a license to Credits, which operate as virtual currency solely within the Service, and Credits do not (i) have an equivalent value in any currency; (ii) act as a substitute for currency; or (iii) earn interest. If Viva Pilates offers you the opportunity to acquire Credits, and you accept such offer, Viva Pilates hereby grants you a non-exclusive, revocable, limited, non-transferable (except as expressly provided herein) right and license to use such Credits only in connection with the Service as permitted by us, subject to these Terms and your compliance with these Terms. Viva Pilates will credit to your account any Credits acquired by you.

9. Restrictions. If Credits are offered for sale, then all purchases of Credits are final and not refundable or exchangeable, except as required by applicable law. Credits are not redeemable or exchangeable for currency, monetary value, or convertible for other virtual currency from Viva Pilates or any other third party, except as expressly provided in these Terms or otherwise required by applicable law. You are expressly prohibited from transferring, assigning, selling, gifting, exchanging, trading, converting, leasing, sublicensing, renting, or distributing Credits, whether directly or through an intermediary, except through the Service and as expressly permitted by Viva Pilates. Credits are not property, and you have no right, title or interest in any Credits. Viva Pilates does not recognize or condone any third-party service that may be used to sell, exchange, transfer, or otherwise dispose of Credits, and Viva Pilates does not assume any responsibility for, and will not support, such transactions. Neither Viva Pilates nor any third party has any obligation to exchange Credits for anything of value, including, but not limited to, currency, except as expressly provided in these Terms or otherwise required by applicable law. You acknowledge and agree that Viva Pilates may engage in actions that may impact the perceived value or purchase price of Credits at any time, except as prohibited by applicable law. Except as otherwise prohibited by applicable law and except for the limited licenses granted hereunder, Viva Pilates reserves and retains all rights, title, and interest in and to all Credits.

10. Delinquent Accounts. Viva Pilates may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

11. Photo Release: You hereby authorize Viva Pilates to take and publish any photographs or videos taken of me within the studio setting for use in the Viva Pilates print, website, or social media sites as well as other publications. You hereby release and hold harmless Viva Pilates Studio, LLC from any reasonable expectation of privacy or confidentiality associated with the images specified above. You further acknowledge that my participation is voluntary and you will not receive any financial compensation of any type associated with taking or publishing these photographs or videos. You further agree that publication of said images confers no rights of ownership or royalties whatsoever. 

12. Mobile Services
You agree to receive automated marketing calls or texts (e.g., marketing, promotions, discounts, offers for products and/or services, etc.) from or on behalf of Viva Pilates Studio at the phone number(s) you have provided to Viva Pilates Studio. Such consent is not a condition of purchasing products or services from us. You acknowledge that message frequency varies and that message and data rates may apply. You further acknowledge that certain of such calls or texts may be artificial and/or pre-recorded. You may opt out at any time by following the applicable instructions provided in such calls or texts.

13. Studio Policies
While on studio premises, you must adhere to our posted studio rules and regulations. Disruptive behavior, harassment, or disregard for these policies may result in the suspension or termination of your membership without refund.

14. Intellectual Property
All materials, including but not limited to the studio’s branding, class formats, and website content, are the intellectual property of Viva Pilates Studio. Unauthorized use or distribution of any materials without our prior written consent is strictly prohibited.

15. Consent to Electronic Communications; Notices
You agree that we or our authorized agents may provide you in electronic form any information or other communications regarding our Services. These communications may be provided through our Site, e-mail, text message or another website. When you visit our Site, use the Services, or communicate with us electronically, you consent to receive communications from us electronically.

We may send you responses or notices by e-mail, posting to the Site, or written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. Private Policy
Your personal information and privacy are important to us. Our Privacy Policy governs the processing of all personal data collected from you in connection with your use of the Site and/or the Services. The Privacy Policy and its terms and provisions are hereby incorporated and made a part of these Terms by this reference. You must agree to the Privacy Policy in order to use the Site and/or the Services.

17. Changes to Terms
We reserve the right to modify these terms and conditions at any time. Any changes will be posted on our website, and continued use of our services after the changes have been made will constitute your acceptance of the new terms.

18. Governing Law
These terms and conditions are governed by the laws of the State of California. Any disputes arising from or related to the terms and conditions will be subject to the exclusive jurisdiction of the courts in the state.

19. Dispute Resolution
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION

Timing of Claims

Any cause of action or claim you may have with respect to the Site and/or the Services must be commenced within one (1) year after the claim or cause of action arises.

Arbitration and Venue You agree that any dispute relating in any way to your use of the Site and/or the Services shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts.

If you elect to seek arbitration, you must first send to us, by certified mail, a written notice of your claim (each, a “Notice”). Your Notice must be addressed to: Viva Pilates Studio at 7441 Mission Gorge Rd, San Diego, CA 92120. If we initiate arbitration, we will send a Notice to you in accordance with these Terms. A Notice, whether sent by you or by us, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we and you do not reach an agreement to resolve the claim within thirty (30) days after the applicable Notice is received, you or we may commence an arbitration proceeding.

Arbitration under these Terms shall be conducted by the American Arbitration Association under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the non-prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).

Final Arbitration

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose or divulge any such information unless otherwise required by law.

Class Action Waiver

To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

20. Liability Waiver
You understand and acknowledge that participation in physical exercise can involve risks of injury. By signing up for our classes, you agree to assume full responsibility for any risk of injury or damage you may incur, whether caused by the negligence of Viva Pilates Studio or otherwise.