Terms & Conditions
TERMS AND CONDITIONS
Effective Date: July 28, 2022
This Terms and Conditions of Use Agreement (the “Agreement”) is between You, the user, and Core Mobility Fitness LLC and Core Mobility Fitness Studio LLC (collectively known as “Core Mobility Fitness”). The Core Mobility Fitness brand is comprised of a website, associated widgets, livestreams, social media platforms, mobile applications and other distribution platforms (the “Sites”) operated by Core Mobility Fitness.
ACCEPTANCE OF TERMS: Your use of the Sites and Services, as defined below, constitutes your agreement to all such terms, conditions, and notices. The Sites are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. The services provided by the Sites (the “Services”) are made available for your personal, non-commercial use only. If You want to make commercial use of our Services, You must enter into an agreement and do so in advance. Please contact us for more information.
SERVICES: Core Mobility Fitness is a Pilates studio offering strength, yoga, and barre fusion accessory classes that includes live, in-person classes, and streaming online live and pre-recorded workouts (individually and collectively, the “Workouts”). The online Workouts can be accessed via your paid membership portal. All Workouts may be purchased individually, in packages, or as a monthly subscription.
PAYMENTS: Payments made on the Sites are processed by third-party payment processor, Stripe, which is integrated through PunchPass. You may choose to a store credit card on file within your accounts on each platform for: (1) incidental charges relating to your use of the Sites, (2) ease of transaction, and/or (3) auto-debit for monthly Workout membership which does require a credit card on file. In such event that an incidental charge needs to be made, the cardholder and account holder gives permission to Core Mobility Fitness to charge the card on file for purchases made through the Site. Additionally, the cardholder and account holder may give permission to Core Mobility Fitness to charge the card for auto-debit memberships.
AUTO-DEBIT: By enrolling in an auto-debit contract via a monthly Workout membership you authorize Core Mobility Fitness to, on a recurring basis, automatically charge the debit or credit card stored in your account for the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Core Mobility Fitness will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. Core Mobility Fitness may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) if you are booked for a session past the subsequent billing date, and your debit/credit card fails to bill properly, that you may be removed from any sessions past the subsequent billing date and notified via electronic mail; (3) it is your responsibility to keep a current card on file with accurate billing information. Core Mobility Fitness cannot be held responsible for errors in processing due to expired or inaccurate information.
There is a 24-hour cancellation policy for all in-person Workouts. If you cancel within a 24-hour window, or do not show up for your scheduled class, you will be charged the full amount or forfeit the Workout if part of a package. In the event of an emergency circumstance, please contact Core Mobility Fitness directly to discuss a refund.
EXPIRATION: Group class packages expire as follow: ‘Try-It-Out’ passes and 4-packs expire after 3-months of the date of purchase; all other passes expire after 1-year from purchase. The expiration date is indicated on the product at the time of purchase.
REFUND OF PURCHASES: Due to the nature of the offerings, no cancellations or refunds will be given after the fact for any Workout, or any other Service or offering on the Sites unless explicitly indicated that there is a refund policy. In this instance, the refund policy will be clearly stated when purchasing.
DELIVERY OF DIGITAL PRODUCTS AND SERVICES: After purchasing a Workout or Service you may access the online Workouts via the members-only login of the Website. From there You may access the on-demand library and classes.
USE OF THE SERVICE: You acknowledge that your participation in the Workouts may present certain risks, and You hereby assume any and all risks associated therewith, including, without limitation, the risk of physical injury, bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (defined below). You hereby agree to voluntarily accept and assume any and all such risks, known and unknown, in association with your participation in the Workouts and Sites, including those described in the Liability Waiver.
RELEASE: You expressly agree to release and discharge Core Mobility Fitness and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties”) from all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.
REGISTRATION INFORMATION: The Sites are not directed at children under eighteen years of age. By providing information about yourself to Core Mobility Fitness you are representing that you are eighteen years of age or older, or have a parent/guardian’s approval and supervision, and that you, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You also agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Sites; and (2) maintain and promptly update your information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Core Mobility Fitness reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, such as materials for Program-members only, You will need a username and password. You agree to keep this information confidential and not share it with anyone else. If Core Mobility Fitness has reasonable grounds to suspect that You have shared your username and password with anyone else, or forwarded copyrighted materials such as video recordings, to any other person, Core Mobility Fitness has the right to suspend or terminate Your account and refuse all current or future use of the website, without refund. Further, excessive usage of the Sites will be assumed by Core Mobility Fitness to be fraudulent use, and your account will be immediately canceled without a refund.
HOSTING PLATFORM: Core Mobility Fitness is hosted on the WordPress, Stripe, and Punchpass platforms, which are responsible for all login/account information and payment transactions. In the event of technical issues with your account, Core Mobility Fitness refers You to their technical support. Core Mobility Fitness does not have access to your account details. If you would like more information regarding the WordPress, Stripe, and PunchPass Terms and Conditions and/or Privacy Policies, and how they how they collect and store information, we encourage You to visit their respective websites.
LINKS TO THIRD PARTY WEBSITES: The Sites may contain links to other websites (the “Linked Sites”), such as integrated payment processors or schedulers. The Linked Sites are not under the control of Core Mobility Fitness, and Core Mobility Fitness is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Core Mobility Fitness is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Core Mobility Fitness of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE: As a condition of your use of the Sites, You warrant to Core Mobility Fitness that You will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from Core Mobility Fitness. Similarly, You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.
COPYRIGHTED CONSENT: The Sites contain copyrighted material owned by Core Mobility Fitness and protected under United States copyright laws, including the Copyright Act of 1976. Any reproduction or unauthorized use shall constitute infringement. Duplicating, recording, modifying, republishing, uploading, posting, distributing, or otherwise sharing materials or information obtained through the Sites is considered stealing and Core Mobility Fitness may prosecute such misconduct to the fullest extent permitted by law.
TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by Core Mobility Fitness or a use right has been granted to Core Mobility Fitness. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or as a result of your use of the Sites or Services. Without the prior permission of Core Mobility Fitness, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.
LIABILITY OF DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CORE MOBILITY FITNESS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
CORE MOBILITY FITNESS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CORE MOBILITY FITNESS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF CORE MOBILITY FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TERMINATION AND ACCESS RESTRICTION: Core Mobility Fitness reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.
GENERAL: To the maximum extent permitted by law, this agreement is governed by the Laws of the State of Texas, United States, and you hereby consent to the exclusive jurisdiction and venue of courts in Harris County, Texas, United States. In all disputes arising out of or relating to the use of the Sites. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Texas, County of Harris, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of Texas, in the County of Harris.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Core Mobility Fitness with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Core Mobility Fitness with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of Core Mobility Fitness and its affiliates, successors or assigns.
Core Mobility Fitness
4185 Technology Forest Drive, The Woodlands, TX 77381