Service Agreement
Welcome!
The following Service Agreement (the “Agreement”) will clearly communicate our expectations in working together. If you have any questions, please ask them before signing to make sure we are all on the same page moving forward. In exchange for agreeing to work with SSBB Pilates, you agree to be bound by the following conditions.
Contractual Terms
1. Parties. This Agreement is made between Spirit. Soul. Body. Balanced, LLC, a Limited Liability Company operating in the State of Colorado (“SSBB Pilates,” “we,” “us,” and “our”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” (or something similar) to this Agreement (“you” and “your”).
2. Our Commitment to You. We promise to provide you with Pilates Instruction and Fitness Coaching, as outlined on our website (the “Services”). To provide the best possible experience, we will also do the following:
2.1. Our goal is to help you achieve and exceed your personal wellness goals. With this in mind, we will strive to provide you with the highest quality Pilates Instruction and Fitness and Mental Health Coaching to exceed your expectations.
2.2. Our one-on-one programs will be customized to your unique individual needs, goals, and abilities, while group programs will take into consideration the current level and general fitness profiles of registered participants.
2.3. Communication is important to us, so we will do our best to communicate clearly with you about any preparation instructions, follow-up information, or scheduling details related to your services through our monthly Newsletter, texts, phone calls, or app communications.
2.4. After a Pilates class, you can expect to feel loved, encouraged, and lighter or taller, and better about your strength and ability to perform daily activities. You can also expect to feel happier and calmer, having learned something new while challenging yourself both physically and mentally. Ultimately, you can expect to experience greater freedom of movement without
significant pain.
3. Qualifications. We hold the following professional qualifications and certifications: Bachelor of Science in Kinesiology, NASM Certified Personal Trainer, AFAA Group Fitness Instructor, NCPT Comprehensive Pilates Teacher, PCES 3.0, Barre Above Certified, Fitour Myofascial Foam roller level 1 Qualified, TRX Level 1 Qualified, and AACC Diploma of Mental Health
Coaching.
4. Scope of Practice. The scope of our practice is as follows:
4.1. Here is what we could be doing together:
4.1.1. General Pilates Exercises for Adults, teens, and Children with parent or legal guardian permission and pending minor’s level of maturity to use the equipment or be in the studio around the equipment
4.1.2. Pre- and post-surgery movement and strengthening exercises with Pilates focus
4.1.3. Pre- and post-natal exercise with Pilates focus
4.1.4. Chronic Pain Management through movement and exercise with Pilates focus
4.1.5. Core stability and mobilization and balance improvement with Pilates focus
4.1.6. Corrective Exercise assistance (with homework)
4.1.7. Resistance training for adults, teens, and children with parent or legal guardian permission and pending minor’s level of maturity to use the equipment or be in the studio around the equipment.
4.1.8. Mental Health Coaching through voluntary participation for adults and for minors with parental or legal guardian supervision.
4.2. Here is what we will not be doing together:
4.2.1. We do not diagnose or treat any injury or illness, prescribe medication or order diagnostic tests.
4.2.2. We do not offer physical therapy or rehabilitation.
4.2.3. We do not diagnose or treat mental health disorders
4.2.4. We do not provide mental health therapy services.
5. What We Expect of You. Just as you invest in us, we also invest time and energy in you. For you to gain the most from the Services, here is what we expect of you:
5.1. Respect. We expect you to show kindness and respect to all staff, other participants, and everyone you interact with at SSBB Pilates. Please refrain from interrupting the instructor when giving cues to fellow participants, this can become distracting and overwhelming to the participant by having input from other participants-these comments can be saved for after class.
5.2. Time Integrity. We expect you to commit to your personal wellness by showing up on time for each scheduled session and being ready to participate. We also expect you to honor the cancellation policy detailed below.
5.3. Ownership. You are responsible for your own physical, mental and emotional well-being and actions during the course of the Services and after services are rendered.
5.4. Commitment. We expect you to be committed to the Services by participating on a regular basis and doing everything to help you improve your own body, spirit, and soul. We expect you to use all prepaid services prior to their expiration date.
5.5. Communication. We expect you to be upfront and honest about how your body works, any pains you may be experiencing and your medical history that could affect you while participating in our services. We must be informed of any health changes that may affect exercise safety. We can’t help if we don’t know what you are experiencing! You are responsible for reading the monthly Newsletter for important studio updates. Please communicate to SSBB Pilates through the app, email, phone calls, or text messages.
5.6. Attire. We expect you to wear appropriate, tight-fitting attire with grip socks (regular socks are not allowed) and bring your mat (for mat classes) and water to each session. Clothing with zippers are not allowed on the equipment. No exception. Zippers can cause tears, rips, indents, marks, and holes in the vinyl. Members will be asked to remove the clothing article with a zipper before they can participate, and may lead to a late cancellation without refund, or missing out on part of their session/class to change clothes.
5.7. Scheduling. We expect you to book your own sessions and keep track of and reschedule your missed sessions before their expiration date/membership renewal. You may schedule all of your classes for the month as soon as you get your credits upon your membership renewal date and once the credits have been granted after a successful monetary transaction.
5.8. Time Out. We expect you to enjoy your time away from world issues and government drama.
5.8.1. Cell Phones. Due to the nature of Pilates movement principle, “Concentration” and the studio atmosphere that SSBB Pilates has established, all phones must be kept on silent or turned off (not vibrate because this makes distracting noise too) while in the studio. If you are expecting an emergency phone call or text from a doctor or family member, please let your instructor/trainer/coach know in advance of your session beginning so they are aware of a possible interruption. Any missed time during the session, will not be made up and your session will end at the scheduled time. Please keep your phone in the provided cubby or your bag so they are not a distraction. Check for alarms you have set on your phone and turn them off before class. If an alarm goes off during your session, please turn it off immediately, even if that means you have to get up from the floor or equipment to turn it off.
5.9. Payment. We expect you to honor our agreed-upon payments and pay for all of your services in advance through automatic renewal or a pre-approved payment plan.
6. Term and Termination. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and SSBB Pilates (the “Term”).
6.1. Either party may terminate the Agreement at any time by providing 15 days advance written notice to the other party via email. However, if you terminate the Agreement before the Term is complete, you will be obligated to make all payments as outlined in our membership purchase agreement.
7. Payment. Payment details and cost for the Services are outlined in our membership purchase agreement prior to making any payments for services.
7.1. Payment Method on File. You may elect to keep a credit card or other method on file with us through Stripe or Wix Payments. By placing a card on file, the
cardholder and account holder give permission to SSBB Pilates’ staff to charge the card for any session, auto-debit membership and/or cancellation fees (if applicable) accrued in accordance with the cancellation policy detailed below.
7.2. Declined Charge. In the event of a declined credit card/debit card when charging for monthly payments, your Services will be immediately suspended, pending you updating your payment information and paying the amount due in full.
7.3. Chargebacks. It is common for the bank or lender managing the chargeback dispute on your behalf to keep fees and administration costs, which result in a loss for SSBB Pilates for the services already rendered. You will also be responsible for any fees and administration costs taken from us due to a chargeback issue that ends with a determination in favor of
SSBB Pilates.
8. Fluctuation of Payments. You understand that we reserve the right to change our prices and that in your acceptance of these new prices and continued payment, you continue to be bound to all the terms of this Agreement. We will always provide at least 30 days
notice before raising any prices and will communicate with you through our monthly Newsletter or email to ensure you are aware of any changes.
9. Cancellations and Refunds. Integrity and keeping your word are the cornerstones of all success. With that in mind, this is how we’ve drafted our cancellation and refund policy:
9.1. Refunds. All sales are final. Services are non-refundable.
9.2. Cancellation & Reschedule Policy. Please give 24 hours notice if you have to cancel or reschedule, provided it is in the timeframe of this Agreement. If you give less than 24 hours notice, your session will not be rescheduled.
10. Studio Closures. There will be set dates of studio closures due to holidays, vacations, illness, and if building maintenance is needed. You will be notified by email of these closures in advance so be sure to purchase/schedule your sessions and classes around any scheduled closures, so you do not lose any sessions due to the expiration. You can also reference the “Extras” page on the website (www.spiritsoulbodybalanced.com/extras), where studio closures will be listed.
11. Mat Usage. SSBB Pilates encourages everyone to bring their own Pilates or yoga mat for Mat classes. There will be a limited number of mats available for use by members and nonmembers. The quality of the borrowed mat is not guaranteed to be of high quality material and could cause allergic reactions if you are sensitive to certain mat properties.
12. Bathroom Usage. There will be keys available for the male and female bathrooms. Please respect the property and throw all trash in the trash bin and turn off the water after washing your hands. Keep the bathrooms tidy and inform SSBB Pilates of any issues in the bathroom that you may come across. Building management is in charge of cleaning and maintaining the bathrooms, we are in charge of making sure they stay clean for everyone.
13. Personal Security & Privacy. For your safety and the security of our staff, surveillance cameras are used throughout the common areas in our studio. Your privacy is ensured in treatment rooms, changing areas, and restrooms.
14. Damage to Equipment. You understand that you will be fully responsible for any damage you cause to any equipment we use at our facility, whether such damage happens on purpose or by accident or from wearing clothes with zippers or by using equipment incorrectly.
10. No Guarantees. SSBB Pilates cannot guarantee the success of, or any particular outcome from the Services. We promise to provide you with the opportunity and Services to support you and see you grow, but the success of the Services ultimately depends on you.
11. Media Release. If you opt out of signing our Media Release, the onus lies with you to ask our team not to include you in any video, audio recordings or photographs. Minors should be aware of their parent/legal guardian wishes to be or not to be included in any media/photographs and remove themselves from any picture or video.
12. Ownership of Materials. All the content we have provided you, including but not limited to videos, documents and PDFs, are for your use only and are not to be re-distributed or re-used.
15. Confidentiality. We operate and grow in a safe space. Everything shared throughout the Services is strictly confidential. You, on the other hand, are free to share anything you choose to. We may choose to share anonymous information about you for professional or promotional purposes, but confidential or personal information will only be used to complete the Services, except for in the following scenarios:
15.1. To provide any necessary or relevant information to a medical or healthcare professional or entity
15.2. As required by law or court order
15.3. When there is a risk of imminent danger to yourself or others
15.4. Where there is a reasonable suspicion that a child or any vulnerable person is in need of protection.
16. Substitute Services. SSBB Pilates has the right to substitute services. This means that if we ever need to switch to online services or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in-person classes. You have the right to not participate in the substitute services and you have the option to cancel your membership without any refunds for services not yet rendered.
16.1. Weather/Acts of God. In the event that there is a bad storm and an officially-issued weather warning (tornado, hail, or blizzard warning, weather watches and Red flag warnings are not included and you should cancel more than 24 hours in advance if you are nervous about the upcoming weather conditions) is issued during the time of your session, the session will be canceled and you will not be charged. You will need to make up the session before it expires at the end of the month from the date of purchase. SSBB Pilates will follow Cherry Creek School District’s school closure (if the schools close the studio will be closed and sessions will not be redeemed but must be used before their expiration date). There may be a minor change in scheduling if there is a school delay in Cherry Creek School district (your instructor will notify you ASAP). If you know you do not like driving or getting out in the snow, please plan accordingly to the weather and keep watch so you can cancel more than 24 hours in advance. Please download a FREE weather app (SSBB Pilates uses Weather Channel app) if you do not watch the news. There are ways of searching the internet for weather updates for at least 7 days in advance. You are always welcome to schedule or reschedule same day appointments (per availability) if the weather does not get as bad as it is predicted or gets better later in the day. Weather may cause a delay to the schedule due to safety.
17. Emergency Contact Information. SSBB Pilates cares about your safety during in-person and online classes. While not compulsory, we do request that you consider adding your emergency contact information to this agreement and/or your personal account:
17.1. In-person Participation. Please provide us with the contact details of who we should contact in case of any emergency.
17.2. Online Participation. Please provide us with your address/location (during classes) and the contact details of who we should contact in case of an emergency.
18. Legal Fees. You will be responsible for any and all legal fees incurred by SSBB Pilates regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment).
19. Waiver. Before the Services can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign, or otherwise agree to, that form as well as this Agreement so that we can be absolutely sure you understand
and agree to it before services are rendered.
20. Force Majeure. SSBB Pilates will not be liable for any failure or delay regarding the Services if such failure or delay is: beyond the reasonable control of SSBB Pilates, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, illnesses in staff or members, natural disaster, other Act of God or act of war. In such an event, you will not be entitled to any refunds or recovery.
21. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Colorado
or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final, binding on both parties and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.
22. Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of Colorado. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Colorado. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by SSBB Pilates of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Counterparts. This Agreement may be signed by any number of counterparts, each of which is an original, and all of which, taken together, constitute one single document.