Terms Of Service

Terms of Services (“Terms”)

Please read carefully.

1. Description of Services

These Terms are applicable to all users (“user(s)”, “you”) of the www.pilatesbaylena.com, https://www.youtube.com/channel/UCVftmZPPkrX0ZfKe-UMK8oQ  websites and its content, classes, products and services (individually and collectively the “Services”) operated by Pilates Bay (“us”, “we”, “Pilates Bay”).

The Services are solely for users 18 years of age or older.

These Terms govern your use of our Services, including all functionalities, features, streaming content, audio, visual, written media, PDF, website links and user interfaces, and all content and software associated with the Services as provided by us. 

These Terms, including all documents referenced herein, represent the entire understanding between us and you regarding your use of the Services and supersede any prior statements or representations. 

2. Acceptance and Changes to Terms

We may update these Terms from time to time and if you are a registered user of our Services, we will attempt to inform you of any material changes by email. Otherwise, please check back frequently on this page for any changes as those will apply to you from the time these are posted. 

3. Access 

When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.

4. Your Conduct

The Services may be used only for lawful purposes which is limited to streaming and viewing the Services products, images, content and videos. We specifically prohibit any other use of the Services. 

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for your use or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with the service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts.

5. User Information

If you register for the Services, you will be asked to provide certain information including your name, a valid email address and payment details. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.

Your privacy rights are set forth in our Privacy Policy located at Privacy Policy.

We reserve the right to offer our or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out.

6. Username/Password/Security

You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your username and password.

7. Use of Services

We grant you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. This includes rights to view the Services content.

If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of its account information when applicable.

8. Access to Services – Subscriptions & Quality

The Services allow you to access digital content on a monthly subscription basis. The basis on which digital content is available on the Services is indicated on the product detail page for which you may purchase the digital content. You agree to pay all fees and charges associated with your account on a timely basis. 

We make no guarantees as to the resolution and quality of the digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.

9. Payments & Billing

The digital content available under specific payment plans, subscription, membership, will change from time to time at our sole discretion. We make no guarantee as to the availability of a specific payment plan.

By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the payment method you designate. You can update or change this information at any time by logging into your account, and clicking the settings tab under your account.

Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.

We reserve the right to remove your account and restrict your access to our Services for any reason. If you paid a monthly subscription fee, we will issue you with a refund for the month during which we remove your account or restrict access to our Services, if you have not had a reasonable period to enjoy our Services during this month. 

10. Intellectual Property

Pilates Bay and any other of our trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Pilates Bay, and any unauthorized use of such trademarks and trade names is prohibited.

The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of Pilates Bay and is protected by copyright, trademark, and other intellectual property common and statutory laws of the Netherlands and other countries.

You agree that Pilates Bay owns and retains all rights to the Services and that its content is solely owned and controlled by the content provider and all such material are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of the Netherlands and other countries.

You may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose save as described under these Terms.

11. Health & Safety Disclaimer 

To take part in pilates you must be in good physical health. If you’ve been told on health or medical grounds that you should not take part in physical activity and sport, then you won’t be able to join in with our classes live or on demand. 

To take part in any classes in a safe way, you must make sure that the area you use is suitable. 

The area must be: 

• a flat surface
• clear of any obstacles 
• spacious enough for the type of activity

By using the Services – whether live or pre-recorded instructional videos – you agree that it is your responsibility to be aware of your own capabilities and do what you are comfortable with. Medical advice should be sought if you have any doubt. We do not take responsibility for injuries or damages you may suffer by using any of our Services save if caused by our negligence. 

It is inadvisable to do pilates between weeks 8 to 14 of pregnancy, unless by special arrangement with your teacher. It is also wise to wait six weeks after the birth before resuming exercise. Pilates Bay Services are not specifically tailored for pre or post natal pilates or specific conditions unless specified. 

12. Social Networking

Users may have the option to share the Services via Instagram, Twitter, Facebook or other social networking services. Users undertake this option at their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking services. Pilates Bay may share content you have shared in regards to the Services. 

13. Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

WE DO NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE SERVICES PROVE DEFECTIVE, WE ARE NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.

WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES.

WE ARE NOT RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND OUR CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID FOR THE SERVICES.

14. Limitation of Liability

IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. 

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.

Nothing in these Terms shall limit our liability for death or personal injury caused by our negligence or for any liability that cannot be excluded by law.  

15. Indemnification

USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS  FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS. WE SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.

16. Communications

By using the Services you consent to receiving electronic communications from us. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account.

17. Applicable Law/Dispute Procedures

Use of the Services is governed by Dutch law, and you agree to submit any claim or dispute arising in relation to, out of, or in connection with the Services (and any use you make of any of them or the Services and/or opportunities offered through them) to the exclusive jurisdiction of the dutch courts.

18. Contact Us

 If you have any questions concerning the Services or any of the policies set forth in these Terms, please contact us at mail@pilatesbaylena.com

ACKNOWLEDGEMENT

15. ASSUMPTION OF RISK

I (the participant) acknowledge that I have voluntarily enrolled to participate in this retreat. In consideration of The Host allowing me to participate, I agree to this release of claims, waiver of liability and assumption of risks. On behalf of myself, my heirs, executors, successors, administrators and any other person who may have an interest at common law or by operation of statute, I hereby waive any and all claims I or such parties may have now or in the future. I release from liability The Host and any teachers, employees, guides, agents or representatives (“the releasees”) for any personal injury, death, property damage or loss or any nature suffered by me as a result of participation in any activity on the retreat. I release from liability The Host for any cause whatsoever including those arising out of, or in any way connected to or occasioned by the negligence of the releasees.

PHYSICAL TRAINING RELEASE OF LIABILITY

16. EXPRESS ASSUMPTION OF RISK

I, the undersigned, am aware that there are significant risks involved in physical training, including but not limited to, the physical training inherent to all pilates exercise activities, and that my participation in any such physical training program carries with it the potential for death, injury, and/or property damage. The risks include, but are not limited to, falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains; those risks caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and trainers and lack of hydration. These risks are not only inherent to physical training and athletics, but are also present for volunteers and spectators. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participating, volunteering or watching in any physical training, including this yoga program. I realize that liability may arise from negligence or carelessness by the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.
I acknowledge that I am willingly participating in these activities and that I have assumed all risks as described above. In consideration for my being allowed to participate in the activities offered, I, the undersigned hereby release The Host, their principals, teachers, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above-mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with the hosting organization to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.
Indemnification: The participant recognizes that there is risk involved in the types of activities offered. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless The Host and the hosting organization, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to the main building, and/or any area selected for training.

MEDIA

17. PERMISSION FOR CAPTURE AND USE

Media is defined as photography, video, written or verbal testimonial, or any other form of capturing likeness. For valuable consideration received, I grant to The Host the absolute and irrevocable right and unrestricted permission concerning any captured media that she/he has taken or may take of me or in which I may be included with others, to use, reuse, publish, and republish in whole or in part, individually or in connection with other material, in any and all publishing platforms now or hereafter known, including the Internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if she/he so chooses. I release and discharge The Host from any and all claims and demands that may arise out of or in connection with the use of the media, including without limitation any and all claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of Photographer, Videographer, Interviewer, Editor, as well as the person(s) for whom he/she captured the media. I am a legally competent adult and have the right to contract in my own name. I have read this document and fully understand its contents. This release shall be binding upon me and my heirs, legal representatives, and assigns. 

WAIVER

18. RELEASE AND WAIVER OF LIABILITY 

I hereby agree that I, my assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, sue or attach the property of The Host, their affiliates, teachers, employees, agents or volunteers or any of their affiliated organizations for injury or damage resulting from acts, howsoever caused, by any employee, agent, or contractor, or any of their affiliated organizations, as a result of my participation in The Host’s retreats. I hereby release The Host, and any of their agents or affiliated organizations from all actions, claims or demands that I, my assigns, heirs, distributees, guardians, and legal representatives now have or may hereafter have for injury, damage, or death resulting from my participation in The Host’s retreats. I am medically, physically, emotionally and in all respects fit and able to participate in The Host’s retreats. I agree I will be fully and financially responsible for my own physical condition and well-being during the retreat and will follow the safety precautions and instructions prescribed by The Host.

I acknowledge that The Host may make suggestions from time to time that are intended to help me and my well-being. However, I take ultimate responsibility for my choices and realize that The Host is not a licensed medical provider and that I must consult my doctor. If I experience pain or discomfort during the retreat, I will modify The Host’s instruction to suit my individual needs. I will not hold The Host responsible for any pain or discomfort I experience during or after the retreat. I understand that the activities offered on this retreat are not a substitute for medical care. I understand that The Host is not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness. By agreeing to the terms outlined here and elsewhere on The Host’s website, I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation in The Host’s retreats.