Terms & Conditions

Terms of Use These Terms of Use, along with any clearly referenced policies, rules, and other terms herein (collectively referred to as “Terms”), form a legally binding agreement between you (“you” or “your”) and The Spine Spot, LLC, doing business as “Solidity Studio” (“we,” “us,” or “our”). These Terms govern your access to and use of our website at www.solidity-studio.com (the “Site”) as well as any content, information, products, or services provided on or through the Site (collectively, the “Services”). We encourage you to read these Terms carefully before utilizing the Site or any of the Services.

ARBITRATION NOTICE: SECTION X (DISPUTE RESOLUTION) OF THESE TERMS INCLUDES A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH ELIMINATES YOUR RIGHT TO A COURT HEARING AND JURY TRIAL. YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW SECTION X (DISPUTE RESOLUTION) IN DETAIL.


A. AGREEMENT TO TERMS: By accessing or using the Site or the Services, or by clicking to accept these Terms when given the option, you acknowledge and agree to comply with these Terms. Additionally, your access to and use of specific areas or features of the Site, or your ability to access and/or utilize certain Services, may require you to accept further terms and conditions, including but not limited to Solidity Studio's standard membership policies and any relevant membership agreement(s) and/or waiver(s) related to your applicable studio(s) (collectively referred to as “Additional Terms”). These Additional Terms are hereby included and incorporated into these Terms by this reference. THESE TERMS REGULATE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES. BY USING THE SITE AND/OR ANY OF THE SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE OR THE SERVICES.


B. AGE REQUIREMENTS: To access and use the Site and the Services, you must be at least the legal age of majority in your state of residence and fully capable of entering into and adhering to the terms and conditions outlined in these Terms. Individuals who have not reached the age of majority are not permitted to use the Site or the Services and should not provide any personal information to us. You acknowledge and agree that certain Services may have a minimum age requirement that exceeds the age of majority. By accessing or using the Site and/or the Services, or by accepting these Terms when prompted, you confirm that you meet the legal age of majority in your state, have the right to enter into these Terms, are authorized to engage in all purchase agreements with us, as well as our partners, vendors, agents, and service providers, and possess the necessary legal capacity to accept and follow the conditions laid out in these Terms.


C. MODIFICATION TO THESE TERMS: We reserve the right to update or modify these Terms at any time, without prior notice. If significant changes are made, we will inform you via email or notify you on the Site. Any amendments, additions, or deletions will take effect as specified in the respective notification or as soon as they are posted. For that reason, please regularly review these Terms to stay informed. By utilizing the Site and/or our Services after new Terms have been posted, you acknowledge and agree to the updated Terms.


D. PRIVACY POLICY: We respect your right to privacy and treat your personal information with the utmost care. This Privacy Policy explains how we collect, use, and safeguard the personal data we receive from you in connection with your access and use of our platform and services. By using our Site and/or Services, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy, which forms an integral part of these Terms and Conditions.


E. Accessibility Statement: Solidity Studio is dedicated to ensuring that individuals with disabilities can access the Site and/or Services. We aim to provide an outstanding online experience for all users, including those with visual, auditory, and other impairments. If you encounter any challenges while using or navigating the Site or Services, or if you have any feedback related to accessibility, please don't hesitate to reach out to us at info@solidity-studio.com.


F. MOBILE SERVICES: Some of our Services can be accessed via mobile devices. If you use a mobile device to access these Services, standard charges, data rates, and additional fees from your wireless service provider may apply. Additionally, downloading, installing, or using certain Services might be restricted or prohibited by your carrier, and not all Services may be compatible with every carrier or device. You consent to receive communications from us through SMS, MMS, text messages, or other electronic methods on your mobile device.

You agree to receive automated marketing messages or calls (including promotions, discounts, and offers for products and/or services) from or on behalf of Solidity Studio at the phone number(s) you have provided. Your consent to receive these messages is not a condition for purchasing any products or services from us. Please note that the frequency of messages may vary, and you may incur message and data charges. Some of these messages may be sent using automated systems or be pre-recorded. You can opt out at any time by following the instructions included in the messages or calls.

In cases where these Terms include usage rules for an application that are less stringent than or conflict with the terms of service of the application store (“App Store TOS”) from which the application was downloaded, the more restrictive or conflicting terms in the App Store TOS will take precedence.


G. ACCOUNT ACCESS DETAILS: Should you be required to set up an account to access any part of the Site and/or Services, it is essential that you treat your account information—including, but not limited to, your username, password, and any other details associated with our security protocols—as confidential. You must not share this information with anyone else. You acknowledge that your account is intended solely for your personal use and agree not to grant access to any other individual or entity to the Site and/or Services, or any of its sections, using your username, password, or any other security information.

You agree to inform us immediately if there is any unauthorized access to or use of your username or password, or if there is any other security breach. You are responsible for all actions taken using your username, password, or other security information. We reserve the right to deactivate any username, password, or other identifier, whether selected by you or assigned by us, at any time if you violate any part of these Terms.


H. MEMBERSHIPS: A detailed overview of our membership options (“Membership” or "Monthly Memberships") is available on the Site. All Memberships are governed by Solidity Studio’s standard membership policies and the relevant membership agreements with your chosen studio(s). You may acquire a Membership on the Site by paying a membership fee in advance for either a monthly basis or another specified package. Once your initial Membership fee is processed—effective as of that date (the “Membership Start Date”)—your Membership will activate immediately and remain valid for an initial period of one (1) Month following your Membership Start Date (the “Initial Membership Period”). YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE (1) MONTH PERIODS (E.G., ON A MONTHLY BASIS) (EACH, A “RENEWAL MEMBERSHIP PERIOD”). At the start of each Monthly period, the Membership fees for that Interval will be automatically charged to your payment method until your Membership is cancelled or terminated.

Please note that no refunds will be issued for any amount if you decide to cancel. If you cancel your Membership at any point during the Membership Period or a Renewal Membership Period, you will maintain access to the Membership for the remainder of the current Membership Period . To cancel your Membership, you can (i) visit your account page on the Site, (ii) refer to Solidity Studio’s standard membership policies or your specific membership agreements for additional information, or (iii) reach out to your studio or contact us at info@solidity-studio.com.

Your Membership will incur the rate specified at the time of purchase (plus any applicable taxes) at the start of each billing cycle via the payment method you provided. It is your responsibility to ensure that your billing and payment information is accurate to prevent your Membership from being cancelled. If for any reason your payment method cannot be charged (such as due to expiration or insufficient funds) and you have not cancelled your Membership, you will still be responsible for any outstanding amounts. We will attempt to charge your payment method when you update your payment information. This may affect the start date of your next Membership period and change the billing date for each interval. Furthermore, we reserve the right to cancel your Membership if we are unable to successfully process your payment.

Membership prices and terms may change at any time. The prices and terms in effect at the time of your Membership Start Date or the last renewal date (as applicable) will remain valid for the length of the applicable Initial Membership Period or Renewal Membership Period, although updated prices and terms may be applicable for renewals or new Memberships. We will provide you with reasonable notice of any updates or changes to prices or terms before they take effect. If you prefer not to renew your Membership under the new or modified prices or terms, you may cancel your Membership as outlined above.


I. USAGE RESTRICTIONS

For Personal Use Only The Site and the Services, along with all related content, are intended exclusively for your personal enjoyment. You are prohibited from reproducing, duplicating, copying, selling, reselling, visiting, or otherwise utilizing any part of the Site or the Services for commercial purposes without our explicit written permission.

Condition for Accessing Information To access certain sections of the Site or the Services, you may need to provide specific information, which may include personal details. Your access to the Site or the Services is contingent upon ensuring that all information you provide is accurate, up-to-date, and complete.

Prohibited Activities When using the Site or the Services, you must not:

  • Use any device, software, or routine to disrupt the normal operation of the Site.

  • Transmit any unlawful, threatening, abusive, defamatory, discriminatory, obscene, profane, lewd, or indecent material in any form, including text and images.

  • Send any messages that promote or encourage actions that could lead to criminal behavior or civil liability.

  • Distribute or solicit any information or materials that infringe on the rights of others, including privacy or publicity rights, or that are protected by copyright, trademark, or other intellectual property rights, unless you have obtained permission from the owner.

  • Send or request any information, software, or related materials containing harmful elements such as viruses, Trojans, or worms.

  • Use any tools, software, or mechanisms other than commonly available web browsers or our provided search engine to navigate or search the Site.

  • Employ spiders, robots, data mining tools, or any other automated devices or programs to gather, download, reproduce, store, or distribute any content found on the Site.

  • Use framing techniques to enclose any part of the Site or any proprietary information, such as trademarks or logos, without our explicit written consent.

  • Utilize metatags or any "hidden text" that includes our name or trademarks without our explicit written consent.

  • Attempt to breach any security features of the Site, understanding that doing so could expose you to civil and/or criminal penalties.

  • Violate any security measures designed to restrict or prevent the duplication of content or limit the use of the Site’s services or content, including through automated tools.

  • Access content or data that is not aimed at you or log onto a server without proper authorization.

  • Probe, scan, or test the Site, or any connected system or network, for vulnerabilities without authorization.

  • Interfere with the services provided to any visitor, host, or network, including submitting viruses, overloading servers, or engaging in spamming or crashing activities.

  • Use the Site to send unsolicited communications, promotions, spam, or chain letters.

  • Forge any part of a TCP/IP packet header in any email or posting.

  • Attempt to alter, reverse-engineer, decompile, disassemble, or break down any source code used by us in providing the Site.



J. USER COVENANTS: By accessing or using the Site and/or the Services, you agree to acknowledge and uphold the following commitments:

You will adhere to all relevant federal, state, and local laws, regulations, and rules while using the Site and/or the Services. You will not engage in any actions or omissions that you are aware or reasonably should be aware could result in us or our affiliates breaching any applicable laws, regulations, or rules.

You possess the legal authority and capacity, under the laws of the state or jurisdiction applicable to you, to make these representations and warranties and to be bound by the commitments outlined herein.


K. COPYRIGHTS, TRADEMARKS, AND OTHER PROPRIETARY RIGHTS: By accessing and using the Solidity Studio Site and/or the Services, you agree to comply with all relevant laws and to respect the intellectual property rights of others. You acknowledge that you are solely responsible for any breaches of applicable laws and any infringement of third-party rights resulting from any User Content (as defined below) that you submit or share with us.


All materials on the Site and the Services, including text, embedded code, trademarks, software, photos, videos, images, graphics, music, audio-visual content, podcasts, recordings, sounds, or any other digital media, are owned by us and/or our licensors and protected by patent, copyright, trademark, or other intellectual property rights. Furthermore, the entirety of the Site's content is considered a collective work under United States copyright laws, with us holding the copyright for the selection, coordination, arrangement, and enhancement of such material. Any feedback, suggestions, or ideas you provide to us regarding the Site and/or the Services will be treated as non-confidential, and we shall be free to use them without any obligation, on a royalty-free, perpetual, irrevocable, worldwide, transferable, and unrestricted basis.


All trademarks, trade names, trade dress, logos, and service marks (collectively referred to as the "Trademarks") displayed on the Site and/or the Services are the property of their respective owners, which may include us and/or our partner organizations. Nothing on the Site, in the Services, or in these Terms grants you any rights or licenses, either implicitly or explicitly, to use any of the Trademarks or copyrights owned by us or any third party.


Unless explicitly stated otherwise, you are not permitted to use, alter, create derivative works from, copy, redistribute, reproduce, publish, transmit, display, commercialize, or exploit any content or material from the Site or the Services without prior written permission from us and, where applicable, the relevant copyright owner. You agree and acknowledge that accessing or using the Site and/or the Services does not confer any ownership rights to you.


L. USER CONTENT: You are solely responsible for the content of any materials you send, provide, upload, post, or transmit to us through the Site, the Services, the Internet, email, or any other means. This includes, but is not limited to, User Generated Social Media Content (as defined below), as well as artwork, logos, service marks, trademarks, images, text, ideas, notes, drawings, photographs, graphics, messages, concepts, and other information or communications (collectively referred to as "User Content"). We encourage our customers to share photos and videos of their experiences with Club Pilates, products, and services on social media and other online platforms. By tagging or mentioning Solidity Studio in your shared content (collectively termed "User Generated Social Media Content"), you grant us permission to use, share, and/or re-post your submissions.


You grant us and our affiliates a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive license to use, reproduce, modify, adapt, publish, share, re-post, translate, create derivative works from, and display your User Content without any payment, royalties, or other compensation to you, in connection with (i) the operation of the Site, (ii) the provision of Services, and (iii) our business purposes, including promotional and marketing efforts for Club Pilates, in any form or medium now known or developed in the future. By allowing us to use your User Generated Social Media Content, you also permit us to use and authorize others to use your name and/or social media handle in connection with your User Generated Social Media Content for identification and promotional purposes related to Club Pilates and the Services. While we strive to credit User Generated Social Media Content to their copyright holders, such credit is not guaranteed. You waive any moral rights you may have in any User Content, and you release Solidity Studio and its related parties from any claims or liabilities associated with your User Content or User Generated Social Media Content.


You affirm that you own or have the rights to license your User Content and that it does not infringe upon the intellectual property or other proprietary rights of any third party. You must not submit any User Content that you do not have the rights to use or that infringes upon the intellectual property rights of others. Additionally, your User Content must not: (a) include personally identifiable information, such as contact details; (b) bully, threaten, abuse, harass, degrade, or mock others; (c) contain or promote any defamatory, obscene, pornographic, or otherwise inappropriate material; (d) feature offensive symbols, words, or slurs; (e) depict dangerous or illegal activities; (f) include unsolicited advertising, spam, or mass messages; or (g) impersonate any individual or misrepresent your affiliation with any entity.


You acknowledge that Solidity Studio and its affiliates have the right, but not the obligation, to monitor, edit, remove, or refuse to post any material, content, or activity on the Site or Services at our discretion. If you violate these Terms, we may suspend or terminate your access to the Site or Services. Although we have the right to investigate claims of content violations, we do not review all materials submitted. If we receive a notification regarding a potential violation, we will investigate it and take appropriate action as necessary. However, we assume no responsibility for any content transmitted by you or any third party, including any errors or inaccuracies.


M. MONITORING; COPYRIGHT COMPLAINTS: You acknowledge that we hold the right, but not the obligation, to monitor, suspend, terminate, edit, disclose, refuse to post, or remove content from the Site or Services at our sole discretion. Any content that violates these Terms or lacks adequate rights may lead to the suspension or termination of your access. We cannot review all submissions to the Site or Services. Should we receive a notification regarding a potential violation, we will investigate and consider removing the alleged infringing content. However, we do not accept any liability for content transmitted by you or any other party on or off the Site or Services, including errors or inaccuracies in such communications.

Digital Millennium Copyright Act We may, in appropriate circumstances, terminate the access of users who infringe or otherwise violate the rights of others. While we reserve the right to terminate the access of users who infringe or otherwise violate the rights of others in our sole discretion, if you are a Repeat Offender (as defined below), your access to the Site or the Services will be suspended or terminated. “Repeat Offender” shall mean any user of the Site or the Services against whom we receive three (3) or more Infringement Notifications (as defined below). If you believe that your work has been copied and is accessible on the Site or Services in a way that constitutes copyright infringement, you may notify us (each, an “Infringement Notification”) by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512):

A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please send the written communication to our copyright agent by e-mail and by U.S. Mail to: The Spine Spot, LLC DBA Solidity Studio 3455 Saint Rose Parkway Suite 110 Henderson, NV 89052 Attn: DMCA Agent E-mail: info@solidity-studio.com E-mail Subject: “DMCA Request”


N. REVIEWS: We may offer you certain opportunities to share your opinions about our products or services available on our Site (“Reviews”). If you choose to submit a Review, you acknowledge and agree to express your opinions lawfully, honestly, and in good faith, and to disclose any conflicts of interest or relationships that could affect your perspectives, if applicable. By submitting a Review, you grant us and our affiliates the royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, share, re-post, translate, create derivative works from, and display your Reviews without any payment, royalties, or compensation to you. This usage may be in connection with (i) the operation of the Site and (ii) our business objectives, including but not limited to the promotion, advertising, or marketing of Club Pilates, in any current or future form, medium, or technology (including our social media accounts). All Reviews reflect the sole opinion of the user who posts them, and we do not endorse or validate any such Reviews, nor are we responsible for the accuracy, appropriateness, or content of these Reviews.


O. LINKS TO THIRD-PARTY SITES; LINKING AND FRAMING: We may include links and references to websites, products, and/or services owned or operated by third parties (“Third-Party Sites”) that are not affiliated with us and may be based in different countries, subject to varying regulations and legal requirements. We have not reviewed all of the Third-Party Sites connected to our Site or Services, and we are not accountable for the content or services available on those Third-Party Sites, including but not limited to any advertising, order processing, fulfillment, or payment policies associated with them. Accessing Third-Party Sites via our Site or Services does not imply our endorsement or that of our subsidiaries or affiliates of any Third-Party Sites or the content and services provided there. We bear no responsibility for the actions or independent policies of these Third-Party Sites and are not liable for their privacy practices. Any complaints, claims, or inquiries regarding Third-Party Sites should be directed to the respective third parties.


If we provide links to social media platforms, such as Facebook, TikTok, Instagram, or Twitter, and you choose to visit those platforms through our links, please be aware that any personal information you share on or through those platforms may be visible to the general public. We do not govern the content or information available on those social media sites and are not responsible for any third-party use of the content or information you have posted or made available there, including personally identifiable information.


You are prohibited from mirroring or framing our Site or Services, or any part of them. Additionally, you must not link to our Site or Services from any other site, service, or product that, in the sole discretion of Club Pilates, (i) features, contains, promotes, or broadcasts content that is libelous, abusive, offensive, harassing, violent, inflammatory, threatening, defamatory, obscene, indecent, sexually explicit, pornographic, or otherwise objectionable; (ii) encourages discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; or (iii) contains or promotes content that could result in civil or criminal liability under U.S. or international law. You must also avoid linking to our Site or Services in a way that implies any form of association, approval, or endorsement by Solidity Studio or its affiliates. Should we inform you of a violation of this provision, you are required to promptly remove the link to our Site or Services.


P. UPDATES: We shall not be held responsible if, for any reason, the Site or Services are completely or partially unavailable. We reserve the right to modify or discontinue, temporarily or permanently, the Site or Services, or any part thereof, at any time and without prior notice. We are not obligated to update, revise, or clarify the information on the Site or Services, except as mandated by law. The presence of a specific update or refresh date on the Site does not imply that all information on the Site or Services has been changed or updated. Please keep in mind that the information available on the Site or Services may not fully encompass all details on a given topic. Additionally, changes in circumstances or subsequent events may lead to outdated or incomplete information on the Site or Services. Occasionally, errors may be present in the information provided on the Site or Services. We retain the right to correct any errors, inaccuracies, or omissions, and to modify or update information at any time without prior notice.


Q. Purchases: Products, Prices, and Promotions

The products available on the Site are offered based on their availability. Users are expected to utilize all products in strict accordance with any relevant instructions, precautions, and guidelines. Please note that all prices, discounts, and promotions featured on the Site may be adjusted without prior notice, as allowed by applicable law. Occasionally, we may present special promotions or discounts on product purchases. We reserve the right to pause any promotions, update product details, and alter prices at any time without notification. Additionally, we maintain the authority to modify, limit, deny, or cancel any order at our discretion. If an order is altered or canceled, we will make attempts to notify you through the email, billing address, or phone number you provided when placing the order.


While we aim to present accurate pricing information, occasional typographical errors, inaccuracies, or omissions related to pricing and availability may occur. We reserve the right to correct such errors, inaccuracies, or omissions at any time and to cancel any orders that arise from these occurrences.


Coupons and Discount Codes

Coupons and discount codes are limited to a single use per customer and must adhere to the specific terms and conditions associated with each code. Discounts will be applied during the checkout process. Online offers have no cash value and cannot be exchanged for cash. Coupons and discount codes are not applicable to past purchases or in combination with other promotional offers.


Payment Terms

Payment terms are at our sole discretion. Unless otherwise established in writing, payment must be completed before we can accept an order. By engaging in any transaction on the Site, you affirm that all information you provide is accurate and complete (including credit card details and billing address); you authorize all credit card transactions submitted; charges incurred will be honored by your credit card provider; you will pay for all charges at the listed prices, including shipping, handling, and applicable taxes, regardless of any amounts quoted on the Site at the time of order; and you are the legitimate holder of any credit card or payment account utilized in the transaction. If we determine, at our discretion, that: (i) your payment method is invalid, (ii) a transaction is unauthorized, (iii) your payment cannot be processed or confirmed, (iv) a charge is disputed for reasons unrelated to our delivery of the purchased item(s), (v) there has been abuse or misuse of promotions or codes, or (vi) any improper transaction has been conducted on the Site, we reserve the right to immediately cancel any pending transactions, suspend your access to the Site, and terminate our obligations.


Payment Processing

By accepting these Terms, you agree that third-party payment processing services handle transactions for products purchased on the Site.


Shipments and Delivery

Where applicable, we will arrange shipment of products to you. The risk of loss transfers to you once the products are delivered to the carrier. You are responsible for the shipping and handling charges specified during the ordering process. Any shipping and delivery dates provided are estimates and cannot be guaranteed. We are not liable for any shipment delays.


Returns and Exchanges

We have a no return or exchange policy for products and/or memberships purchased on our website.


Resale of Products

The Site is intended solely for retail consumers. You are prohibited from using the Site to purchase products for resale or export. We reserve the right to revoke access to the Site and terminate the account of any user found in violation of this requirement.


Questions

For inquiries or concerns regarding your order, please contact us via email at info@solidity-studio.com.



R. WARRANTIES DISCLAIMER: The website and/or services may provide you with various types of information, including but not limited to tutorials, workouts, and recommendations. This information is intended solely for general informational purposes and should not be interpreted as medical or professional advice of any kind. The website and the services are not substitutes for professional medical advice or resources. You are advised to consult with your physician or a qualified healthcare provider before beginning any exercise program, especially if you or your family have a history of high blood pressure, heart disease, or if you have ever felt discomfort while exercising. Do not disregard professional medical advice or delay in seeking it because of something you have read on the website and/or the services.


Moreover, all information provided through the website and/or the services is made available on an “as is” and “as available” basis. You acknowledge and agree that your use of, or reliance on, this information is done at your own risk.


You explicitly acknowledge and agree that your use of the website and services (including any products or services offered through the site) is at your own risk. These are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a specific purpose, and non-infringement. We do not guarantee that the website or services (including any products or services offered) will fulfill your requirements or be uninterrupted, timely, secure, or error-free. We also do not warrant that the results obtained from using the website or services will be accurate or reliable, that the quality of any information or materials obtained will meet your expectations, or that any errors in the website or services will be rectified. Your exclusive remedy for dissatisfaction with the website or services is to discontinue your use of the website or services. This limitation of remedy is a fundamental aspect of the agreement between you and us under these terms. Please be aware that certain jurisdictions may not permit limitations on the scope or duration of implied warranties, so the limitations outlined above may not apply to you.


S. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER CLUB PILATES NOR ITS AFFILIATES, NOR ANY OF OUR OR THEIR LICENSORS, LICENSEES, FRANCHISEES, SERVICE PROVIDERS, CONTENT PROVIDERS, EQUITY HOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY REFERRED TO AS THE “SOLIDITY STUDIO PARTIES”) SHALL BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY ARE REASONABLY FORESEEABLE), ARISING FROM (I) YOUR USE OR INABILITY TO USE THE SITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE); (II) ANY ACTION OR INACTION BY YOU BASED (IN WHOLE OR IN PART) ON ANY INFORMATION, STATEMENT, OR CONTENT PROVIDED OR MADE AVAILABLE TO YOU VIA THE SITE OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR OTHER DATA; OR (IV) ACTIONS OR COMMENTS BY ANY THIRD PARTY ON THE SITE AND/OR SERVICES. IN NO EVENT SHALL THE COMBINED LIABILITY OF THE CLUB PILATES PARTIES TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100). CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF SPECIFIC WARRANTIES OR LIMITATIONS ON LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, IN SOME JURISDICTIONS, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. ALL OTHER PROVISIONS OF THESE TERMS WILL REMAIN IN FULL EFFECT.


T. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless the Solidity Studio Parties from any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations, and proceedings (including all liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, settlements, fines, penalties, and losses of any kind) arising from or related to: (i) your breach or violation of these Terms; (ii) your use of the Site and/or Services (including, without limitation, any products or services offered via the Site); (iii) any disputes with other users; (iv) your violation of any third-party rights; (v) any claims related to your User Content; or (vi) your violation of applicable laws. This indemnification obligation will remain in effect even after you cease using the Site and/or Services. We reserve the right to take control of the exclusive defense and management of any claim that would otherwise require your indemnification, and you shall not settle or dismiss any such matter without our prior written consent.


U. FORCE MAJEURE: We shall not be held liable or responsible to you, nor shall we be considered to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms if such failure or delay is due to circumstances beyond our reasonable control. This includes, but is not limited to, events such as acts of God, floods, fires, earthquakes, explosions, governmental actions, changes in laws, wars, invasions, hostilities (declared or not), terrorist threats or actions, riots, civil unrest, national emergencies, revolutions, insurrections, epidemics, pandemics, lockouts, strikes, or other labor disputes (regardless of whether they pertain to our workforce), cyberattacks, denial of service attacks, restrictions or delays affecting transportation carriers, inability to procure or delays in acquiring adequate or suitable supplies, breakdowns of materials or telecommunications, or power outages.


V. Consent to Electronic Communications and Notifications: By agreeing to these terms, you consent to receive information and communications related to our Services in electronic format from us or our authorized agents. These communications may be delivered via our Website, email, text message, or other online platforms. When you access our Website, utilize our Services, or engage with us electronically, you acknowledge and agree to receive information from us in this manner. We may send you notifications or responses through email, by posting them on our Website, or via written communication delivered by the U.S. Postal Service. You accept that any agreements, notices, disclosures, and other communications provided electronically will fulfill any legal requirements for such communications to be in written form.


W. Governing Law: These Terms, along with your use of the Site and/or the Services, shall be governed by and interpreted in accordance with the laws of the State of Nevada, U.S.A. This governing law provision applies to both substantive and procedural matters, and excludes the application of any choice of law or conflict of law principles or rules from the State of Nevada or any other jurisdiction that would result in the laws of any jurisdiction other than Nevada being applied.


X. DISPUTE RESOLUTION


Please review the following paragraphs carefully, as they outline the process for resolving any disputes between you and us through binding, individual arbitration.


**Timing of Claims**

Any claims or causes of action related to the Site and/or Services must be initiated within one (1) year from the date the claim or cause of action arises.


**Arbitration and Venue**

You agree that any dispute regarding your use of the Site and/or Services will be submitted to confidential arbitration in Henderson, Nevada and/or Las Vegas, NV. However, if you violate or threaten to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court. By doing so, you consent to the jurisdiction and venue of those courts.


To initiate arbitration, you must first send us a written Notice of your claim by certified mail. Address your Notice to Solidity Studio at 3455 Saint Rose Parkway, Suite 110, Henderson, NV 89052. If we initiate arbitration against you, we will send you a Notice following these Terms. A Notice must (i) outline the nature and basis of the claim or dispute, and (ii) specify the relief sought. If we do not reach a resolution within thirty (30) days of receiving the Notice, either party may begin arbitration proceedings.


Arbitration will be conducted by the American Arbitration Association according to its current Commercial Arbitration Rules and will be overseen by a single arbitrator with expertise in the relevant subject matter. The costs charged by the arbitrator will be paid by the non-prevailing party, or allocated as deemed appropriate by the arbitrator. Each party will bear its own legal fees and expenses. The arbitration process is expected to be completed within one hundred twenty (120) days of either the notice being given or a demand for arbitration being filed, whichever occurs first.


**Final Arbitration**

The arbitrator's decision will be final and binding, and may be recorded as a judgment in any court of competent jurisdiction. All testimony, evidence, rulings, and documentation from the arbitration will be treated as confidential information, and neither party may disclose this information unless required by law.


**Class Action Waiver**

To the fullest extent permitted by law, arbitration under these Terms cannot involve a class action. Any arbitration must proceed on an individual basis. In any dispute, neither you nor we may consolidate claims with those of other users, nor can either party participate as a class representative or class member, or in a private attorney general capacity. The arbitrator may not consolidate claims from multiple individuals and cannot oversee any form of representative or class proceeding. Any challenge to the enforceability of this class arbitration waiver must be raised in a court of competent jurisdiction.



Y. MISCELLANEOUS TERMS AND CONDITIONS


CONSTRUCTION AND INTERPRETATION


* The division of these Terms into sections and headings is for convenience only and does not affect their construction or interpretation.

* Any principles of construction that favor the non-drafter in case of ambiguity or inconsistency do not apply to these Terms.

* Our failure to enforce any provision does not waive our rights.


ASSIGNMENT AND DELEGATION


* We may assign our rights and duties under these Terms without notice to you or your consent.

* You may not assign your rights or delegate your obligations without our prior written consent.

* Any unauthorized assignment or delegation is null and void.


SURVIVAL OF PROVISIONS


* Certain provisions will survive the expiration or termination of these Terms, including provisions related to performance or observance after termination.


SEVERABILITY


* If any provision of these Terms is held unlawful, void, or unenforceable, it will be deemed severable and will not affect the validity of other provisions.


ENTIRE AGREEMENT


* These Terms, together with our Privacy Policy and other incorporated documents, constitute the entire agreement between us regarding the subject matter and supersede all previous agreements.


Z. The Site, along with the content, services, products, and incentives we may provide periodically through the Site, is designed to comply with applicable U.S. state and federal laws and regulations. We do not guarantee that any of the materials or services accessible to you are suitable for use in other locations. Individuals accessing or using the Site from jurisdictions outside the U.S. do so at their own risk and are responsible for adhering to local laws. If you are located outside the U.S., please be aware that other countries may have legal or regulatory requirements that differ from those in the U.S. Some jurisdictions prohibit the exclusion of certain warranties or limit liability for incidental or consequential damages. Therefore, in some areas, certain limitations of liability mentioned may not apply to you; however, all other provisions of these Terms will remain fully effective.


ZZ. WAIVER IS A FOLLOWS AND MUST BE AGREED UPON AND SIGNED BEFORE PARTICIPATING IN A CLASS OR ACTIVITY HOSTED BY SOLIDITY STUDIO:

INFORMED CONSENT/ASSUMPTION OF RISK:

I willingly agree to participate in one or more Pilates classes sponsored by Solidity Studio, including but not limited to reformer classes, Cadillac classes, and recovery classes. I acknowledge that the fitness programs offered may be extremely vigorous and can challenge the limits of my physical capabilities.


I have been informed by Solidity Studio about the inherent risks associated with these programs, which include, but are not limited to:

- Injury to the musculoskeletal and/or cardiovascular systems, potentially resulting in serious injury or death.

- Injury or death due to negligence on my part, the part of my training partner, or others in the vicinity.

- Injury or death resulting from improper use or malfunction of equipment, and any injuries related to medical conditions, whether known or unknown to me.


I understand that these risks could lead to serious injury or even death for myself and/or my partners.

I willingly assume full responsibility for any and all risks that I am exposing myself to, as a result of my participation in Solidity Studio programs/classes, and accept full responsibility for any injury or death that may result from participation in any activity, class or physical fitness program. I hereby certify that I know of no medical problems that would increase my risk of illness, and injury as a result of participation in classes designed by Solidity Studio. Solidity Studio informed me that there exists the possibility of adverse physical changes during an exercise program, and I fully understand the same. Solidity Studio informed me that these changes could include abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death, and I fully understand the same. With my full understanding of the above information, I agree to assume any and all risk associated with my participation in Solidity Studio programs/classes.

RELEASE:

In full consideration of the above mentioned risks and hazards, and in full consideration of the fact that I am willingly and voluntarily participating in the activities made available by Solidity Studio, and with my full understanding of all of the above, I hereby waive, release, remise and discharge Solidity Studio and its agents, officers, principals, employees and volunteers, of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation in Solidity Studio programs/classes, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon successors, my representatives, heirs, executors, assigns, transferees, or myself. 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, I also give full permission for any person connected with Solidity Studio 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:

I acknowledge that participating in the activities provided by Solidity Studio carries inherent risks. As such, I assume financial responsibility for any injury that may be caused by myself or the participant, whether to themselves or to others, as a result of negligence. In the event that the aforementioned parties, or anyone acting on their behalf, incur attorney fees or costs to enforce this agreement, I agree to reimburse those fees and costs. Additionally, I agree to indemnify and hold harmless Solidity Studio, along with their principals, agents, employees, and volunteers, from any liability for injury or death of any persons, as well as damage to property, arising from my negligent or intentional actions or omissions during my participation in activities offered by Solidity Studio.

MEDIA: I hereby give permission to Solidity Studio (The Spine Spot, LLC) to photograph and/or videotape me during classes and/or private sessions at Solidity Studio. I acknowledge that these photographs and videos will remain the property of Solidity Studio and may be used for advertising or marketing purposes on their website. They may also be included in promotional and informational materials such as flyers, brochures, emails, advertisements, newspaper articles, and TV or cable interviews/promotions. I understand that my name will not be disclosed without my explicit consent. Additionally, I waive any rights to compensation for, or ownership of, these images.

QUESTIONS If you have any questions or comments regarding these Terms, our Privacy Policy, the Site, or the Services, please feel free to contact us by e-mail at info@solidity-studio.com.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Terms & Conditions Amendment 1/20/25.