Terms & Conditions

All clients and visitors to www.sensepilates.com (this “Website”) are subject to Sense Pilates’ (“Sense” or the “Company”) terms and conditions as expressed below (these “Terms and Conditions”). Do not continue to use this Website if you do not agree to all Terms and Conditions stated on this page. By accessing this Website we assume you accept these Terms and Conditions and agree to the Waiver of Liability and Informed Consent Release Agreement below.

The following terminology applies to these Terms and Conditions, Privacy Statement(s), Waiver of Liability and Informed Consent Release and Disclaimer Notices and all other Agreements between the undersigned and the Company: “Client”, “You” and “Your” refers to you, the person using this Website and complying with these Terms and Conditions. “The Company,” “Sense,” “Ourselves,” “We,” “Our” and “Us” refers to Sense Pilates. “Party”, “Parties”, or “Us”, refers to both the Client and Sense. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect to provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States and the State of Texas. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

1. Cookies.

We employ the use of cookies. By accessing this Website, you agree to use cookies in agreement with the Company’s Privacy Policy.

Most interactive websites use cookies to retrieve user details for each visit. Cookies are used by this Website to enable the functionality of certain areas and make it easier for people visiting to navigate this Website. Some of our affiliate/advertising partners may also use cookies.

2. License

Unless otherwise stated, the Company and/or its licensors own the intellectual property rights for all material on this Website. All intellectual property rights are reserved. You may access this Website for your own personal use subject to all restrictions set in these Terms and Conditions.

You must not:

Republish material from this Website
Sell, rent or sub-license material from this Website
Reproduce, duplicate or copy material from this Website
Redistribute content from this Website

3. Hyperlinking to our Content

The following organizations may link this Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link this Website in the same manner as they hyperlink to websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, or charity fundraising groups, who may not hyperlink this Website.
Any comments posted on this Website do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
Any comments posted on this Website do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which may be considered as an invasion of privacy; and
Any comments posted on this Website will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant the Company a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any comments posted on this Website by you or your agent in any and all forms, formats or media.

These organizations may link to the Company’s home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors; internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to our clients and accredited businesses; (b) the organization does not have a negative records with the Company; (c) the benefit to us from the visibility of the hyperlink compensates the absence of this Website; and (d) the link is in the context of general resource information.

These organizations may link to the Company’s home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to this Website, you must notify us by sending an e-mail to the Company. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to this Website, and a list of the URLs on our site to which you would like to link. Please allow thirty (30) Business Days for a response.

Approved organizations may hyperlink to this Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of this Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of the Company’s logo or other artwork will be allowed for linking absent a trademark license agreement.

4. Opinions and Comments

Parts of this Website offer an opportunity for users to post and exchange opinions and information in certain areas of the Website. Sense does not filter, edit, publish or review comments prior to them appearing on the Website. Comments do not reflect the views and opinions of the Company, its agents and/or affiliates. Comments reflect the views and opinions of the person who posted their views and opinions as a comment on this Website. To the extent permitted by applicable laws, the Company shall not be liable for any comments posted on this Website, including any damages, expenses, or any other liability caused as a result of any use of and/or posting of and/or appearance of any comments on this Website.

The Company reserves the right to monitor all comments and to remove any comments which may be considered inappropriate, in the Company’s absolute and sole discretion, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post comments on this Website and have all necessary licenses and consents to do so;
Any comments posted on this Website do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
Any comments posted on this Website do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which may be considered as an invasion of privacy; and
Any comments posted on this Website will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

5. iFrames

You may not create frames around any page on this Website that in any way alters the visual presentation or appearance of this Website, without prior approval, in writing, by the Company.

6. Content Liability

The Company shall not be held responsible for any content that appears on your website. You agree to protect and defend us against all claims arising from your website. No link(s) should appear on any website that may be interpreted as libelous, obscene or criminal, or which infringes, violates, or advocates the infringement or other violation of, any third-party rights.

7. Your Privacy

Please read and agree to our Privacy Policy: https://sensepilates.com/privacy.

8. Reservation of Rights

The Company reserves the right to request that you remove any and all links to this Website. You agree to immediately remove all links to this Website, promptly, upon request. The Company also reserves the right to amend these Terms and Conditions and it’s linking policy at any time. By linking to this Website, you agree to be bound to and follow all of the Company’s Terms and Conditions.

9. Removal of links from our website

If you find any link on this Website that is offensive for any reason, you are free to contact and inform us at any time. The Company will consider requests to remove content; provided, however, that the Company is not obligated to do so, nor must it respond to you directly.

The Company makes no representations ensuring the information on this Website is correct and do not warrant its completeness or accuracy; nor does the Company promise to ensure that this Website remains available or that material on this Website is kept up to date.

10. Disclaimer

To the maximum extent permitted by applicable law, Sense excludes all representations, warranties and conditions relating to this Website and the use of this Website. Nothing in this disclaimer:

limits or excludes you or the Company’s liability for death or personal injury;
limits or excludes you or the Company’s liability for fraud or fraudulent misrepresentation;
limits or excludes you or the Company’s liabilities in any way that is not permitted under applicable law; or
excludes any of you or the Company’s liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer and Terms and Conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under this disclaimer, including liabilities arising in contract, tort and breach of statutory duty.

So long as this Website and the information and services on this Website are provided free of charge, the Company shall not be liable for any loss or damage of any nature.

WAIVER OF LIABILITY AND INFORMED CONSENT RELEASE

This Waiver of Liability and Informed Consent Release Agreement, made by and between the undersigned (the “Client” or “I”) and Sense Pilates (or the “Studio”) is entered into on the day, month and year noted below (this “Agreement”).

1. In consideration of participating in the “Activities” at Sense Pilates, I agree and acknowledge that I am fully aware participation in the Activities involves certain risks and I accept all risks of participating in such Activities, even if the risks are created by the carelessness, negligence, or gross negligence of Sense Pilates or any of its affiliates, directors, officers, agents, employees or volunteer staff (each a “Released Party”).

For purposes of this Agreement, Activities include, but are not limited to, any Pilates session, class or other related activity and any RollerStar Lymphatic Fitness Roll Shaper (“Body Roll”) sessions or related activity.

2. “Claims” include, but are not limited to, any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal injury or death in connection with participation in the Activities.

3. I agree and acknowledge that:

I have read and understood all of Sense Pilates’ Studio Policies on the Studio’s Website: https://sensepilates.com/studio-policies.com and agree to abide by all of the Studio’s Policies. I also acknowledge that the Studio’s Policies are subject to change at any time.
If I am not eighteen (18) years of age or older but am over the age of fourteen (14), my parent or guardian has signed this Agreement.
I am in proper physical condition to participate in the Activities, and am aware that participation in the Activities could, in some circumstances, result in physical injury, serious physical injury or death.
I understand my physical limitations and am sufficiently self-aware to stop participating in any physical activity before I become ill or injured.
I am aware that if the Activities occur outdoors, the streets adjourning the area of the Activities are open to regular vehicular traffic during the Activities and I will obey all traffic laws and regulations.

4. If I elect to use the Body Roll I acknowledge that:

I understand there are certain risks, including but not limited to, the risk of falling off the Body Roll during use, danger of suffocation and skin burns, body risk of injuries due to pinching of rotating parts; electric shock, and injuries to bones and other hard parts of the body.
I understand that I must avoid contact of hard body parts with the moving Body Roll roller and that only the soft parts of the body can be involved while using the Body Roll.
I acknowledge there are certain contraindications, including but not limited to, any pain or numbness, severe atherosclerosis or other ischemic vascular diseases, unbalance heart failure, known or suspected deep vein thrombosis or thrombophlebitis, gangrene, dermatitis, untreated or infected wounds, severe skin inflammation, recent surgery, skin cancer, blood and other varieties, fever and other bacterial infections, hemophilia, types of tuberculosis, stomach or intestinal ulcers, asthma, hypertension, thyroid diseases or pregnancy. If I have any of these contraindications, I should not use the Body Roll.
I represent and warrant that I do not have diabetes or any other metabolic disorder, blood circulation problems, any vascular diseases, open ulcers or wounds, dermatitis or other infectious wounds, any deep vein thrombophlebitis, currently pregnant or experiencing menstrual bleeding and have not had any surgeries in the past three years.
For my safety, I will keep my hair tied at all times during use of the Body Roll and do not have or will take off any body jewelry or piercings, including, but not limited to, necklaces, earrings, bracelets or any other type of jewelry during a Body Roll session or while using the Body Roll.

5. I accept full responsibility for any product or technology loaned to me as part of participating in these Activities and commit to return the same in good working order.

6. I am aware there is no obligation for any person to provide me with medical care during the Activities. I understand and acknowledge that:

There may be no aid stations available during the Activities; and
If medical care is rendered to me, I consent to that medical care if I am unable to give my consent for any reason at the time the care is rendered.

7. I am aware that it is advisable to consult a physician prior to participating in any of the Activities. If I have consulted a physician, I have taken the physician’s advice.

8. I grant my permission to the Released Party and any transferee or licensee or anyone else, to utilize any photographs, motion pictures, videotapes, recordings and other references or records of the Activities which may depict, record or refer to me for any purpose (“Likeness”), including commercial use by the Released Parties, their sponsors and their licensees. This permission is for use anywhere in the world and on the Internet and for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of my Likeness and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use my Likeness.

9. If any provision of this Agreement is 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 remaining provisions.

10. No representations or warranties have been made to me about the Activities which are not stated on this form. I understand and intend that this document act as the broadest and most inclusive assumption of risk, waiver, release of liability, Agreement not to sue and indemnify.

11. I agree not to sue any Released Party for Claims, even if the Claims arise from the carelessness, negligence or gross negligence of any Released Party or anyone else. I agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) from defending any Claim or Claims made by me or anyone making a Claim or Claims on my behalf, even if the Claim or Claims is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.

12. I have fully read and understand this Agreement and am aware that by signing this Agreement, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns may have against the Released Party.

13. I hereby, for myself and my heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or Claims I may have, now or in the future, against any Released Party, even if the Claims are based on the carelessness, negligence or gross negligence of a Released Party or anyone else. Without limiting the foregoing, I further release any recourses which I may now or hereafter have resulting from any decision of any Released Party.

14. I also understand that:

All payments are non-refundable for any reason, including, but not limited to vacation, illness, or injury.
The scheduling and content of the Activities may be changed on occasion.
I will notify instructors immediately of any pain and/or major discomfort felt during any activity.
I am responsible for bringing my required equipment to every activity (where applicable).
If I am pregnant or plan to become pregnant during course of the Activity, I will submit a ParMED-X for Pregnancy, a guideline for health screening prior to participation in any of the Activities.

BY ACCEPTING THESE TERMS and CONDITIONS and LIABILITY WAIVER, the Client agrees and accepts to the terms and provisions contained in this Agreement.

If the Client is under the legal age of 18 (at the time of registration) a parent/guardian of Client must agree and accept these TERMS and CONDITIONS and LIABILITY WAIVER.

This is to certify that I, as parent/guardian with legal responsibility for the above named participant, do consent and agree to his/her release, as provided above, of all the Released Parties, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless all of the Released Parties from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above, even if arising from their negligence, to the fullest extent permitted by law.