These terms and conditions constitute a legal agreement and are entered into by and between you and Body Cadence Pilates Inc(“Company”, “we”, “us”, “our” ). The following terms and conditions(“Terms and Conditions”), govern your access to and use of, including any content, functionality and services offered on or through https://www.bodycadence.com and set forth the legally binding terms for your use of any Body Cadence services (private session, semi-private session, pregnancy pilates, group classes).

AS A CONDITION OF YOUR ACCESS AND USE OF THE WEBSITE, YOU AGREE THAT YOU MAY USE THE WEBSITE ONLY FOR LAWFUL PURPOSES AND IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. FURTHERMORE, BY USING THE WEBSITE OR ANY BODY CADENCE SERVICES YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT [PRIVACY POLICY].

We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any changes take effect immediately upon being posted and apply to all use of the Website and Services. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The content on this Website can be changed or removed at any time without notice. We are not responsible if any part of the Website is restricted or unavailable for any reason.

It is a condition of your use of the Services and the Website that all the information you provide to us is correct, current, and complete. The use of Services and this Website, including content or areas of the Website, may require user registration. By providing registration information and using any interactive features (like chat rooms, message boards, or forums), you consent to our handling of your information in line with our Privacy Policy. You must keep your username, password, and other security details confidential and avoid sharing them with anyone else. You are responsible for any misuse or unauthorized access to your account. We reserve the right to disable or terminate your account or any related username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

Cancellation Policy: You must cancel your class at least 24 hours in advance, otherwise you will be charged the full amount per session or lose your class credit. A no-show will incur a full services fee, [and a late cancellation will incur a full services fee].

Refund Policy: All sales of class packages, memberships, private sessions, and retail items are final. No refunds will be issued for any reason, including but not limited to sickness, inability to attend scheduled classes or sessions, relocation, change in personal circumstances or any other reason. [For Class Packages, Once purchased, class packages are non- refundable and non-transferable.] [For Memberships, Membership fees are non-refundable. Memberships may be paused or cancelled in accordance with the terms and conditions outlined in your membership agreement.] [For Private Sessions, Payment for private sessions is non-refundable. If you need to reschedule a private session, please do so at least 24 hours in advance to avoid a cancellation fee. Cancellations or rescheduling requests made with less than 24 hours’ notice will result in the full session fee being charged.]

Personal Belongings: Body Cadence is not responsible for safely keeping your personal belongings while you are in the facility. You assume all risk of loss for any personal items.

Reservations: You must be physically present and checked in at the start of your scheduled class, or your spot may be given to another client. [Mind Body Software Booking System: If a system error occurs resulting in the booking of a service with an ineligible membership or form of payment, Body Cadence reserves the right to cancel your reservation.]

The Company name, Body Cadence trademark, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You cannot use these marks without the Company’s prior written permission, nor can you delete or alter any copyright, trademark, or materials from this site. The content of this Website, including without limitation, the text, software, scripts, graphics, photos, interactive features and the like are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights under the law. You may only use the Website and its content for your personal and non-commercial use and you must not download, reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Website. You do not have any ownership rights to the Website or its content. You agree that any questions, comments, suggestions, ideas, feedback, or other information you provide to the Company about the website or services are not confidential and shall become the Company’s property.
All rights not explicitly granted are reserved by the Company. Any use of the Website that is not expressly allowed by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.

The content on our Website is provided for general information purposes only. It is not meant to be relied upon as advice. Before making any decisions or taking any action or inaction based on the content on our site, you should seek professional advice.

We do our best to keep the information on our Website up to date, but we make no representations, warranties or guarantees, whether express or implied, that the content on our The website is up-to-date, accurate or complete. Your use of the Website is at your own risk, and the Company is not responsible for any consequences of your use.

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for the use of the Website and provision of services

This Website may contain links to third-party sites. The Company has no control over the contents of any such third-party sites or services and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions and privacy policies of such third-party sites.

This Website may contain links to third-party sites. The Company has no control over the contents of any such third-party sites or services and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions and privacy policies of such third-party sites.

All orders, purchases or transactions for the sale of [goods] [,/or] [services] [,/or] [information] made using this Website are subject to the terms and conditions of sale, found at [LINK TO TERMS AND CONDITIONS OF SALE] also incorporated into these Terms and Conditions.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY
SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN ‘“AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACKS, VIRUSES, TROJAN HORSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS THAT MAY INFECT YOUR COMPUTER DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, and notwithstanding your domicile, residence, or physical location.

These Terms and Conditions, along with our Privacy Policy, constitute the sole and entire agreement between you and Body Cadence Pilates Inc. regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof.

Any feedback, comments, or questions relating to the Website or these Terms and Conditions should be directed to [email protected]

These Terms and Conditions have been updated as effective as of July, 2024.