Terms of Service

Last Updated: March 30, 2026

IMPORTANT NOTICE FOR CLIENTS: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS-ACTION RIGHTS AS DETAILED BELOW.

Please read these Terms & Service (“Agreement” or “Term of Service”) carefully before using www.thepilatesdwelling.com (“the Site) operated by The Pilates Dwelling (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the site at www.thepilatesdwelling.com.

This Terms of Service is an agreement between you and The Pilates Dwelling (“us”, “we”, or “our”). Together with our Privacy Policy, this Terms of Service (collectively, the “Terms of Service” or “Agreement”) applies to your use of the website, www.thepilatesdwelling.com (the “Site”), our mobile apps, and other services that we provide, including services provided at our studios (the “Services”).

By, as applicable, accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the mobile app(s), or contributing content or other materials to the Site or on or via the mobile app(s), you agree to be bound by the Terms of Service. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms of Service. Please read the Terms of Service carefully and save it. If you do not agree with it, you should leave the Site and/or mobile app and discontinue use of the Services immediately.

CHANGES TO THIS AGREEMENT

We reserve the right to modify the Terms of Service at any time, in our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or mobile apps, or other manner. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.

If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site, or discontinue any use of the Site immediately.

ACCESSING THE SERVICES AND ACCOUNT SECURITY

To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.

By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Service. By using the Services, you represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or guardian has consented to the Terms of Service and your use of the Services.

From time to time, we may restrict access to some or all parts of the Services, including studio classes, the Site, and mobile apps.

In order to access some Services available on the Site and mobile app, you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.

PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with the Terms of Service. You agree not to use the Services:

For any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation;
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.

Additionally, you agree not to:

Use the Services for any commercial purpose;
Use the Services in any manner that could disable, overburden, damage, or impair the Site or mobile app or any other party’s use of the Services;
Use any robot, spider or another automated device, process, or means to access the Service for any purpose;
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
Otherwise, attempt to interfere with the proper working of the Service.

STUDIO POLICIES, RULES, AND REGULATIONS

CANCELLATIONS: YOU MUST CANCEL CLASS 8 HOURS IN ADVANCE OR YOU WILL BE CHARGED OR DEDUCTED FOR THAT CLASS.

This includes switching time slots under the 8-hour notice time period. You may cancel class through our online system or by calling the applicable studio directly. If you are an unlimited client and a late cancel occurs, you will be charged a late cancel fee of $15.00.

RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES AFTER THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.

Membership & Class Commitment Cancellation

1. UNLIMITED RIDES / MONTH:

This membership is billed on a monthly, recurring basis. Billing begins on the purchase date and renews every 30 days on auto-renewal unless cancelled with notice. Charges will be posted to the card on file. Unlimited classes may be booked, Abode members are required to cancel via The Pilates Dwelling app. at least 8 hours before class to avoid a late cancellation fee. The late cancellation fee of $15 is applied if class is cancelled after the 8-hour window. If class is missed without cancellation, the member will be charged a $20 no-show fee. Credits do not roll over if not used within the 30-day window. Members are required to provide a written notice 30 days prior to the next billing date. For the safety, privacy and comfortability of our clients and instructors, TPD does not permit video or phone use during class time.

2. CLASS COMMITMENT (4 & 8 Classes/Month):

Subject to the following terms and conditions:

PERSONAL BELONGINGS: You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.

REFUND POLICY

As applicable, classes and membership packages are non-refundable. No exceptions.

We do not offer refunds on purchases for our services, beyond your statutory rights. We strongly plead with you to be modest in your initial membership and or class purchases, and to make sure you, like us, can reach the venue, and like what we do before making extravagant purchases.

The Pilates Dwelling will accept unused items, excluding ACCESSORIES, for exchange or account credit only. Any exchanged item must be returned in its original, unaltered condition, and all tags need to be intact, within 7 days of purchase.

All sales are final on ALL items from the receipt of the original purchase date, or order date, and no returns will be accepted.

No returns will be accepted on DISCOUNTED or FINAL SALE items.

The Pilates Dwelling reserves the right to deny a refund on any item purchased in a The Pilates Dwelling studio or online.

For questions or support with online purchases or returns, please contact info@thepilatesdwelling.com.

MOBILE SERVICES

Some of the Services may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase The Pilates Dwelling via your mobile phone, (ii) the ability to receive and reply to The Pilates Dwelling messages, (iii) the ability to browse The Pilates Dwelling from your mobile phone and (in) the ability to access certain The Pilates Dwelling features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for the Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services.

TERMINATION & SURVIVAL

We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any membership that you have purchased, at any time, for any reason, by contacting your local studio directly via phone or email. We may terminate your account or membership at any time, without warning, if you breach the Terms of Service. If we terminate your account or membership because you have breached the Terms of Service, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or class packages.

The following provisions will survive termination of this Agreement: (1) Termination; Survival; (2) Assignment; (3) Intellectual Property Rights; (4) Legal Disputes and Arbitration Agreement for Users in the United States and Canada; (5) Governing Law; (6) Indemnity; (7) Limitation of Liability.

THIRD-PARTY SITES

Our Site and mobile apps may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or mobile apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.

ASSIGNMENT

You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

FEES

You acknowledge that The Pilates Dwelling charges fees for its services, and subject to the applicable law, The Pilates Dwelling reserves the right to change its fees from time to time at its discretion.

INTELLECTUAL PROPERTY RIGHTS

The content on the Site and mobile apps, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to The Pilates Dwelling, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as-is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services provided by you to Company are non-confidential and shall become the sole property of The Pilates Dwelling.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein..

Feedback

You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous,

unsolicited, and without restriction, and The Pilates Dwelling does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant The Pilates Dwelling the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties. The Pilates Dwelling does not waive any rights to use similar or related feedback or ideas known to The Pilates Dwelling, developed by The Pilates Dwelling employees, or obtained from other sources.

ENTIRE AGREEMENT & NO WAIVER

The Terms of Service, together with our Privacy Policy, and any other legal notices published on the Site or mobile app(s), shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions, and writings regarding the Services. If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.

No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.

Service Interruptions

Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.

LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS

Please Read the Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

Initial Dispute Resolution. We are available by email at info@thepilatesdwelling.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to

settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.

Agreement to Binding Arbitration. If we do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All

claims arising out of or relating to the Terms of Service (including their formation, performance, and breach), your and our relationship, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms of Service, including, but not limited to, any claim that all or any part of the Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms of Service shall be subject to the Federal Arbitration Act.

The JAMS rules governing the arbitration may be accessed at

https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the

arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.

You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.

Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes.

Exception – Small Claims Court Claims. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at info@thepilatesdwelling.com and providing the following information: (i) your name, (ii) your The Pilates Dwelling account email address; (iii) your mailing address; (iv) a statement of your wish not to resolve disputes with The Pilates Dwelling through arbitration. The notice must be sent within thirty (30) days of your agreement to the Terms of Use, otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, we also will not be bound by them.

Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree that any litigation between you and us shall be filed exclusively in state or federal courts located in Birmingham, Alabama (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in Birmingham for any litigation other than small claims court actions. In the event of litigation relating to the Terms of Service or the Services, you and we agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

GOVERNING LAW

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws without giving effect to any principles of conflicts of law.

INDEMNIFICATION

You agree to release, indemnify, and defend The Pilates Dwelling, LLC and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “The Pilates Dwelling Entities”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE ZENERGY ENTITIES TO YOU

By attending classes, events, activities, and other programs provided by us, using the The Pilates Dwelling studio facilities and equipment, and/or using the Services, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the The Pilates Dwelling workout program, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that The Pilates Dwelling strongly recommends that you consult with my physician prior to commencing any classes. You acknowledge that you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. You assume all risks for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages the The Pilates Dwelling Entities.
WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND MOBILE APPS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE PILATES DWELLING ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUITE ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZENERGY ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZENERGY ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, ZENERGY ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

Severability and Waiver

A failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.

Notifications

We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. The Pilates Dwelling is not responsible for any automatic filtering that you or your network provider may apply to such notifications.

INTERPRETATION

In construing or interpreting the Terms of Service, headings are for convenience only, and not to be considered.

CONTACTING US

If you have any questions about the Terms of Service, at the Services, the Site, or mobile apps, please contact us at: info@thepilatesdwelling.com

Terms of Service

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