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WEB SITE TERMS AND CONDITIONS OF USE
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1. TERMS
By accessing or using this web site of Coastal Core Pilates, LLC (“Coastal Core”), booking classes, purchasing memberships or merchandise, or otherwise interacting with Coastal Core through this web site, you acknowledge and agree to be bound by these Web Site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Web Site Terms and Conditions of Use, you are prohibited from using or accessing this web site. The materials contained in this web site are protected by applicable copyright and trademark law.
2. INTELLECTUAL PROPERTY
All content on this web site, including, without limitation, logos, images, videos, schedules, text, and software is owned by Coastal Core or its licensors. No copying, distribution, or derivative use of such content is allowed without prior written consent from Coastal Core.
3. COASTAL CORE SERVICES
This Web Site allows users, among other things, to:
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Book classes, private sessions, and workshops for Coastal Core;
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Purchase class packages, memberships, or merchandise from Coastal Core;
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Manage user accounts and billing information related to Coastal Core;
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Access Coastal Core schedules, policies and promotional materials.
4. ELIGIBILITY
You must be 18 years or older to use this web site or purchase services or merchandise from Coastal Core. Minors may only participate with written consent of a parent or guardian.
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5. CLASSES, MEMBERSHIPS AND CANCELLATION POLICY
A. Booking
Class and private session reservations are subject to availability. Coastal Core reserves the right to modify class schedules, instructors and offerings at any time without notice.
B. Cancellation
Group classes: Must cancel _______ (12__) hours in advance of the scheduled start time for the applicable class.
Private sessions: Must cancel ______ (12__) hours in advance of the scheduled start time for the applicable session.
Late cancellations and no-shows will result in automatic forfeiture of the applicable class or session credit and/or the assessment of a late-cancel or no-show fee at the then-current rate. Coastal Core reserves the right to suspend booking privileges for repeated late cancels or no-shows.
C. Memberships
Memberships are billed according to the terms of your selected plan and will automatically renew unless canceled in accordance with the membership terms. Memberships are personal to the member, non transferable, and subject to applicable minimum commitment periods, early termination fees, usage limits, blackout dates, and reservation policies, each as described at the time of purchase or thereafter updated by Coastal Core. Coastal Core reserves the right to: adjust membership pricing with notice as required by law; change or discontinue classes, instructors, schedules, or amenities included in a membership; and revoke or suspend a membership for violation of Coastal Core policies, including, without limitation, repeated late cancellations, no-shows, disruptive conduct, or misuse of Coastal Core property. No refunds or credits will be issued for unused classes, unused membership time, or failure to attend scheduled sessions, except where required by Connecticut law.
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6. ACCOUNT REGISTRATION
You agree to provide accurate, complete, and current information upon registration. You are responsible for maintaining the confidentiality of your login credentials and all activity under your Coastal Core account. You are required to notify Coastal Core immediately of any unauthorized use of your Coastal Core.
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7. PAYMENTS, REFUNDS, AND CHARGEBACKS
All payments must be valid at time of transaction. All sales of memberships, class packages and sessions are final and no refunds, transfers or credits will be issued.
Pricing and availability of classes, private sessions and merchandise may change without notice. Tax and shipping fees apply as indicated at checkout.
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8. MERCHANDISE
Coastal Core merchandise is subject to availability. Returns of such merchandise is accepted only if items are unused and in original packaging, within _______(14__) days of purchase.
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9. PHYSICAL CONDITION
In consideration of being granted permission by Coastal Core to use Coastal Core’s facilities, equipment, training and services (collectively, “Coastal Core’s Facilities”), you agree as follows:
You hereby represent, warrant and agree that you are in good health, physically and mentally fit, and that you have no disability, impairment or ailment that will prevent you from engaging in any active or passive exercise or that should be detrimental to your health, safety, comfort or physical condition should you engage in active or passive exercise. You have no reason to believe that you are physically unable to use Coastal Core’s Facilities and understand that you are fully responsible to ensure that you are physically able to use Coastal Core’s Facilities before each use. You acknowledge that Coastal Core recommended that you consult a physician prior to beginning any Coastal Core exercise program. You understand that it is your responsibility to inform Coastal Core of any pain or discomfort experienced before, during or after participating in a Coastal Core exercise program so that the exercise may be immediately terminated. You acknowledge that Coastal Core has neither made claims as to medical results nor suggested medical treatment to you.
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10. WAIVER, ASSUMPTON OF RISK AND INDEMNIFICATION
In consideration of being granted permission by Coastal Core Coastal Core’s Facilities, you agree as follows:
You are familiar with and recognize the danger and risks of injury to person and or property which may result from the use of Coastal Core’s Facilities, including, without limitation, injury from slipping and falling, excess fatigue or stress, muscle strain, or any other unforeseen cause. With full knowledge and understanding of such risks, you agree to use Coastal Core’s Facilities at your own risk and PERSONALLY ASSUME THE RISK for any harm, injury or damage that may occur as a result from your use or anyone else’s use of Coastal Core’s Facilities.
You hereby, for yourself, and your heirs, assigns, executors and administrators, knowingly and voluntarily, fully and forever RELEASE, WAIVE, RELINQUISH, ACQUIT AND DISCHARGE, and agree to indemnify, defend and hold harmless, Coastal Core, as well as any and all of Coastal Core’s owners, managers, members, officers, affiliates, employees, trainers, contractors, agents, representatives, successors and assigns (collectively, the “Released Parties”), from and against any and all claims, demands, losses, liabilities, actions, causes of action, lawsuits, proceedings, judgments, awards, costs and expenses, including, without limitation, attorneys’ fees, whether known, unknown, contingent, accrued, inchoate, or otherwise, sustained or arising, in whole or in part, from or in any way related to your use or anyone else’s use of Coastal Core’s Facilities. You expressly warrant and represent that no promise or agreement which is not herein expressed has been made to you in executing this release and waiver of liability (the “Release”), and that you are not relying upon any statement or any representation of any of the Released Parties.
The Release shall be governed by Connecticut law. The Release shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You agree that your assumption of risk and release hereunder shall be as broad and inclusive as is permitted under applicable law. The invalidity or unenforceability of any provision of the Release shall not affect the validity or enforceability of the other provisions of the Release, which shall remain in full force and effect. If any provision of the Release shall be deemed to be unenforceable by reason of its extent, duration, scope or otherwise, then such extent, duration, scope or other provision shall be modified or deleted in such a manner so as to make the Release, as modified, legal and enforceable to the fullest extent permitted under applicable law.
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11. PROHIBITED CONDUCT
You may not use this web site for unlawful purposes, interfere with this web site’s operations or security; or attempt unauthorized access to Coastal Core accounts or systems.
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12. DISCLAIMER
This web site and the services and merchandise of Coastal Core are provided "as is." Coastal Core makes no warranties, express or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, continuous availability, uninterrupted access, or non-infringement of intellectual property or other violation of rights. Further, Coastal Core does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of such services or merchandise or otherwise relating to such services or merchandise.
In no event shall Coastal Core or its suppliers be liable for any damages arising out of the use or inability to use the services or merchandise of Coastal Core or this web site, even if Coastal Core has been notified orally or in writing of the possibility of such damage.
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13. LIMITATION OF LIABILITY
To the fullest extent permitted by Connecticut law, Coastal Core shall not be liable for indirect, incidental, consequential, special or punitive damages arising from use of the web site or participation in Coastal Core services, even if advised of their possibility. Coastal Core’s total liability is limited to the amount paid by you for the Coastal Core service giving rise to the claim.
14. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Coastal Core and its owners, managers, members, officers, affiliates, employees, trainers, contractors, agents, representatives, successors and assigns from and against any and all claims, demands, losses, liabilities, actions, causes of action, lawsuits, proceedings, judgments, awards, costs and expenses, including, without limitation, attorneys’ fees, whether known, unknown, contingent, accrued, inchoate, or otherwise, sustained or arising, in whole or in
part, from or in any way related to your breach of these Web Site Terms and Conditions of Use or misuse of this web site.
15. LINKS
Coastal Core has not reviewed all of the sites linked to the web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Coastal Core of the site. Use of any such linked web site is at the user's own risk.
16. MODIFICATIONS
Coastal Core may revise these Web Site Terms and Conditions of Use at any time without notice. By using this web site you are agreeing to be bound by the then-current version of these Web Site Terms and Conditions of Use.
17. GOVERNING LAW
Any claim relating to this web site or these Web Site Terms and Conditions of Use shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions.
