TERMS OF SERVICE & LIABILITY WAIVER

DIGITAL PILATES INSTRUCTOR CERTIFICATION PROGRAM

The Pilates Academy LLC โ€ข www.gopilatesacademy.com

โš ๏ธ IMPORTANT: BY CHECKING THE BOX AND COMPLETING YOUR PURCHASE, YOU AGREE TO ALL TERMS INCLUDING: WAIVER OF LIABILITY โ€ข NO REFUNDS AFTER ACCESSING CONTENT โ€ข BINDING ARBITRATION โ€ข WAIVER OF JURY TRIAL AND CLASS ACTIONS

  1. DIGITAL PRODUCT ACKNOWLEDGMENT

1.1. This is a 100% DIGITAL, self-paced certification program.

1.2. All content is pre-recorded video and digital materials delivered online.

1.3. There is NO live instruction, real-time feedback, or in-person supervision.

1.4. Company CANNOT see, hear, correct, or guide you during your practice.

1.5. You alone are responsible for how you interpret and apply the content.

1.6. You alone must determine if exercises are appropriate for your body and abilities.

1.7. No instructor-student relationship is created by your use of the Services.

  1. NO REFUND POLICY

ALL SALES ARE FINAL. NO REFUNDS WILL BE ISSUED ONCE CONTENT HAS BEEN ACCESSED.

2.1. Digital content is available immediately upon purchase.

2.2. You waive any right to a refund once ANY content has been accessed, viewed, streamed, or downloaded.

2.3. Partial refunds are not available under any circumstances.

2.4. Dissatisfaction with content does not entitle you to a refund.

2.5. Failure to complete the program does not entitle you to a refund.

2.6. Technical difficulties on your end do not entitle you to a refund.

2.7. EXCEPTION: If you have not accessed any content within 14 days of purchase, you may request a full refund by contacting us in writing. This right is permanently forfeited upon accessing any content.

  1. INTELLECTUAL PROPERTY & PROHIBITED USES

3.1. OWNERSHIP

3.1.1. All contentโ€”including videos, audio recordings, text, images, graphics, exercise sequences, teaching methodologies, verbal cues, written scripts, and proprietary techniquesโ€”is the exclusive property of The Pilates Academy LLC.

3.1.2. All content is protected by United States and international copyright, trademark, and trade secret laws.

3.2. STRICTLY PROHIBITED

THE FOLLOWING ARE EXPRESSLY FORBIDDEN AND WILL RESULT IN IMMEDIATE TERMINATION WITHOUT REFUND:

3.2.1. SCREEN RECORDING or capturing video/audio content in any form.

3.2.2. SCREENSHOTS of any content, materials, or platform pages.

3.2.3. DOWNLOADING or saving content beyond what the platform expressly allows.

3.2.4. COPYING, transcribing, writing down, or reproducing any materials, cues, or scripts.

3.2.5. SHARING login credentials or account access with any other person.

3.2.6. SHARING, distributing, or transmitting content to any third party by any means.

3.2.7. UPLOADING content to any website, social media, platform, or file-sharing service.

3.2.8. COMMERCIAL USE of content or teaching using our materials without express written permission.

3.2.9. CREATING derivative works, modifications, or adaptations based on content.

3.2.10. REVERSE ENGINEERING or extracting proprietary methods or techniques.

3.3. PERMITTED USE

3.3.1. You may use the content solely for your personal education to complete the certification program.

3.3.2. After certification, you may apply the knowledge and methods learned to teach Pilates to others.

3.3.3. You may NOT reproduce, distribute, share, or commercially use the actual course materials, videos, scripts, or written content in any form.

3.4. ENFORCEMENT

3.4.1. Intellectual property violations will result in immediate account termination without refund.

3.4.2. Violations may subject you to legal action seeking statutory damages up to $150,000 per infringement under U.S. copyright law, plus injunctive relief and attorney's fees.

  1. MEDICAL DISCLAIMER

THIS IS NOT MEDICAL ADVICE. CONSULT A QUALIFIED PHYSICIAN BEFORE BEGINNING ANY EXERCISE PROGRAM.

4.1. The content is for educational purposes only.

4.2. The content does not constitute medical advice, diagnosis, treatment, physical therapy, or rehabilitation.

4.3. The Pilates Academy LLC is not a healthcare provider.

4.4. Company cannot assess your individual physical condition, medical history, or limitations.

4.5. You are solely responsible for determining whether participation is safe and appropriate for you.

  1. ASSUMPTION OF RISK

PHYSICAL EXERCISE CARRIES INHERENT RISKS OF SERIOUS INJURY, PERMANENT DISABILITY, OR DEATH THAT CANNOT BE ELIMINATED.

5.1. PHYSICAL RISKS

5.1.1. Cardiovascular events including heart attack, stroke, and cardiac arrest.

5.1.2. Musculoskeletal injuries including strains, sprains, tears, fractures, and dislocations.

5.1.3. Spinal injuries including herniated discs, nerve damage, and paralysis.

5.1.4. Falls and impact injuries.

5.1.5. Overexertion, exhaustion, and dehydration.

5.1.6. Aggravation of known or unknown pre-existing conditions.

5.1.7. Permanent disability or death.

5.2. RISKS SPECIFIC TO UNSUPERVISED DIGITAL INSTRUCTION

5.2.1. Performing exercises with incorrect form without real-time correction.

5.2.2. Misunderstanding or misinterpreting verbal or visual cues.

5.2.3. No immediate professional assistance if injury occurs.

5.2.4. Environmental hazards in your personal exercise space.

5.2.5. Equipment malfunction or improper use.

5.3. VOLUNTARY ASSUMPTION

5.3.1. You voluntarily assume ALL risks, known and unknown, associated with physical exercise and the use of the Services.

  1. RELEASE OF LIABILITY

BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO SUE.

6.1. COMPREHENSIVE RELEASE

6.1.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE The Pilates Academy LLC, its owners, members, managers, officers, directors, employees, agents, contractors, instructors (including those appearing in videos), representatives, affiliates, successors, and assigns.

6.2. CLAIMS COVERED

6.2.1. Any injury, illness, disability, or death you suffer.

6.2.2. Any property damage or economic loss.

6.2.3. Any emotional distress or psychological harm.

6.2.4. Your use or misuse of the Services or content.

6.2.5. Your interpretation or application of techniques learned.

6.2.6. Technical issues, interruptions, or platform failures.

6.2.7. Any act or omission of the Company or its representatives.

6.3. NEGLIGENCE WAIVER

6.3.1. This release EXPRESSLY INCLUDES claims arising from the NEGLIGENCE of the Company, including negligent instruction, negligent demonstration, negligent failure to warn, or any other negligent act or omission.

6.3.2. WHERE PERMITTED BY LAW, THIS RELEASE ALSO COVERS GROSS NEGLIGENCE.

6.4. CALIFORNIA RESIDENTS

6.4.1. You expressly waive all rights under California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

6.4.2. You waive any similar laws in any other jurisdiction.

  1. NO RESPONSIBILITY FOR YOUR ACTIONS OR THIRD PARTIES

COMPANY IS NOT RESPONSIBLE FOR HOW YOU USE, APPLY, OR TEACH THE CONTENT AFTER PURCHASE.

7.1. YOUR ACTIONS

7.1.1. Company is NOT responsible for how you interpret, understand, practice, or apply the content.

7.1.2. Company is NOT responsible for any injuries you cause to yourself while practicing.

7.1.3. Company is NOT responsible for any property damage you cause.

7.1.4. Company is NOT responsible for your decision to teach, train, or instruct others.

7.1.5. Company is NOT responsible for how you teach, train, or instruct others after certification.

7.1.6. Company is NOT responsible for your business practices, professional conduct, or compliance with laws.

7.2. THIRD PARTY LIABILITY

7.2.1. Company is NOT responsible for any injuries, illness, or death to people you teach, train, or supervise.

7.2.2. Company is NOT responsible for any claims made against you by your students, clients, or any third parties.

7.3. IF YOU TEACH PILATES TO OTHERS AFTER CERTIFICATION

7.3.1. You do so entirely at your own risk and sole liability.

7.3.2. You are solely responsible for the safety of your students and clients.

7.3.3. You must obtain your own professional liability insurance.

7.3.4. You must obtain your own waivers and releases from your students/clients.

7.3.5. Company has NO duty of care to your students, clients, or any third party.

7.3.6. Company disclaims ALL liability for injuries to any persons you instruct.

7.3.7. You may NOT represent yourself as an agent or employee of Company.

  1. CERTIFICATION DISCLAIMER

8.1. Certification indicates completion of educational content only.

8.2. Certification does NOT guarantee competency, proficiency, or skill.

8.3. Certification does NOT constitute a professional license or credential.

8.4. Certification does NOT guarantee employment, income, or career success.

8.5. Certification requirements and recognition vary by jurisdiction.

8.6. Company makes NO representations about acceptance of certification by employers.

8.7. You are solely responsible for understanding and complying with any licensing, certification, or regulatory requirements in your jurisdiction.

  1. INDEMNIFICATION

9.1. You agree to INDEMNIFY, DEFEND, and HOLD HARMLESS Company and all released parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or relating to:

9.1.1. Your use or misuse of the Services.

9.1.2. Your violation of these Terms.

9.1.3. Your violation of any applicable law or regulation.

9.1.4. Any injury, illness, or death you suffer or cause.

9.1.5. Your teaching, instruction, or training of others.

9.1.6. Any claims by your students, clients, or third parties.

9.1.7. Your infringement of any intellectual property rights.

9.1.8. Your negligent or intentional misconduct.

9.2. Your indemnification obligations survive termination of these Terms.

  1. LIMITATION OF LIABILITY

10.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Company's total cumulative liability for any and all claims shall not exceed the LESSER of: (a) the amount actually paid by you for the specific Service giving rise to the claim, or (b) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

10.2. Company is NOT liable for any indirect, incidental, special, consequential, punitive, or exemplary damages.

10.3. Company is NOT liable for loss of profits, revenue, data, or goodwill.

10.4. Company is NOT liable for personal injury, death, or property damage.

10.5. These limitations apply regardless of whether Company has been advised of the possibility of such damages.

10.6. These limitations apply even if any limited remedy fails of its essential purpose.

  1. DISPUTE RESOLUTION

โš ๏ธ IMPORTANT: BY AGREEING TO THESE TERMS, YOU ARE EXPRESSLY WAIVING YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS.

11.1. MANDATORY BINDING ARBITRATION

11.1.1. Any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or your relationship with Company shall be resolved EXCLUSIVELY through final and binding arbitration.

11.1.2. Arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

11.1.3. Arbitration shall be conducted by a single neutral arbitrator.

11.1.4. Location: Wilmington, Delaware, or virtually at the arbitrator's discretion.

11.1.5. The arbitrator's decision shall be FINAL and legally BINDING.

11.1.6. Judgment on the award may be entered in any court of competent jurisdiction.

11.2. WAIVER OF JURY TRIAL

11.2.1. YOU EXPRESSLY AND KNOWINGLY WAIVE YOUR RIGHT TO A TRIAL BY JURY.

11.2.2. You understand that by agreeing to binding arbitration, you are giving up the right to have any dispute heard and decided by a judge or jury in a court of law.

11.3. CLASS ACTION WAIVER

11.3.1. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.

11.3.2. You agree that any claims shall be brought SOLELY in your individual capacity.

11.3.3. You shall NOT act as a plaintiff, representative, or class member in any purported class, collective, consolidated, or representative proceeding.

11.3.4. The arbitrator may not consolidate claims or preside over any class proceeding.

11.4. STATUTE OF LIMITATIONS

11.4.1. Any claim or cause of action arising from or relating to these Terms or the Services MUST be filed within ONE (1) YEAR after the claim or cause of action accrues.

11.4.2. This limitation applies regardless of any statute of limitations that would otherwise apply.

11.4.3. Claims not filed within this period are PERMANENTLY BARRED.

11.5. GOVERNING LAW AND JURISDICTION

11.5.1. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

11.5.2. For any matters not subject to arbitration, exclusive jurisdiction and venue shall be in the state and federal courts located in New Castle County, Delaware.

  1. ACCESS AND TERMINATION

12.1. Access is granted to the purchasing individual only.

12.2. Sharing of login credentials or account access is strictly prohibited.

12.3. Company may terminate your access immediately without notice or refund for any violation of these Terms.

12.4. Company may terminate access at its sole discretion.

12.5. Upon termination, your license to access the Services ends immediately.

12.6. Sections 3-11 survive termination of these Terms.

  1. GENERAL PROVISIONS

13.1. ENTIRE AGREEMENT: These Terms constitute the entire agreement between you and Company regarding the Services and supersede all prior agreements, understandings, and communications.

13.2. SEVERABILITY: If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and all other provisions shall remain in full force and effect.

13.3. NO WAIVER: Company's failure to enforce any provision shall not constitute a waiver of that or any other provision.

13.4. ASSIGNMENT: Company may assign its rights and obligations without restriction. You may not assign your rights without Company's written consent.

13.5. AMENDMENTS: Company may modify these Terms at any time. Continued use of Services after modification constitutes acceptance of modified Terms.

  1. ELECTRONIC AGREEMENT AND CONSENT

14.1. This Agreement is executed electronically pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. ยง 7001 et seq., and the Uniform Electronic Transactions Act (UETA) as adopted by applicable states.

14.2. By checking the box and completing your purchase, you consent to conduct this transaction electronically.

14.3. You agree that your electronic acceptance has the same legal force and effect as a handwritten signature.

14.4. You confirm that you have the ability to access, download, and retain electronic records.

14.5. You acknowledge that Company will record the date, time, IP address, and device information of your acceptance.

14.6. You understand that you may request a paper copy of these Terms at any time.

ย 

ACKNOWLEDGMENT AND AGREEMENT

By checking the box and completing my purchase, I acknowledge and agree to the following:

ย 

  1. I have READ and UNDERSTAND this entire Terms of Service & Liability Waiver Agreement.
  2. I understand the Services are 100% DIGITAL with NO live instruction or supervision.
  3. I understand Company CANNOT see, correct, or guide me during my practice.
  4. I agree that ALL SALES ARE FINAL once any content has been accessed.
  5. I will NOT screen record, screenshot, copy, share, or distribute any content.
  6. I will NOT share my login credentials or account access with anyone.
  7. I have consulted or will consult a physician before beginning any exercise program.
  8. I VOLUNTARILY ASSUME ALL RISKS of injury, illness, disability, or death.
  9. I RELEASE Company from ALL LIABILITY including claims arising from negligence.
  10. I understand Company is NOT RESPONSIBLE for my actions after certification.
  11. I understand Company is NOT RESPONSIBLE for injuries to people I teach.
  12. I agree to INDEMNIFY Company for any claims arising from my actions.
  13. I EXPRESSLY WAIVE MY RIGHT TO A TRIAL BY JURY.
  14. I WAIVE MY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS.
  15. I agree to resolve all disputes through BINDING ARBITRATION.
  16. I understand any claims must be filed within ONE YEAR or are permanently barred.
  17. I am at least 18 years of age or have parental/guardian consent.
  18. I CONSENT to electronic agreement and electronic record keeping.

ย 

โš ๏ธ BY CHECKING THE BOX AND COMPLETING YOUR PURCHASE, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN CLASS ACTIONS. IF YOU DO NOT AGREE TO ALL TERMS, DO NOT CHECK THE BOX AND DO NOT PURCHASE.

The Pilates Academy LLC

A Delaware Limited Liability Company

www.gopilatesacademy.com

ย 

Privacy Policy โ€“ Go Pilates Academy

ย Go Pilates Academy (โ€œwe,โ€ โ€œour,โ€ or โ€œusโ€) respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, store, and share information when you visit our websiteย gopilatesacademy.com, use our services, or interact with our digital platforms.

1. Information We Collect

  • Personal Information: Name, email address, phone number, payment information, and account login details when you register, purchase, or subscribe.

  • Usage Information: Data on how you interact with our website, courses, or apps (e.g., IP address, browser type, device information, cookies).

  • Content Data: Information you provide voluntarily, such as feedback, uploaded documents, or participation in online courses.

  • Google User Dataย (if applicable): When you choose to sign in or connect through Google, we may request access to Google account data strictly for app functionality (e.g., authentication, calendar integration).

2. How We Use Your Information

We use information to:

  • Provide and improve our services and courses.

  • Process payments and manage accounts.

  • Communicate updates, offers, and support.

  • Personalize the learning experience.

  • Protect security and prevent misuse.

Google User Dataย is used only for the purposes explicitly allowed by you and in compliance with Googleโ€™s Limited Use Policy.

3. Sharing of Information

We do not sell or rent your personal information. We may share data with:

  • Service Providersย (payment processors, hosting, support).

  • Legal Authoritiesย (when required by law).

  • Business Transfersย (in the event of mergers, acquisitions, or restructuring).

4. Data Security and Storage

  • Data is stored securely on trusted servers.

  • We use technical, administrative, and physical safeguards.

  • Access to personal information is restricted to authorized personnel.

5. Your Rights

You may:

  • Access, correct, or delete your personal data.

  • Withdraw consent where applicable.

  • Request a copy of the information stored about you.

  • Opt out of marketing communications at any time.

Requests can be sent toย [email protected].

6. Cookies and Tracking

We use cookies and similar tools to:

  • Enhance user experience.

  • Measure traffic and performance.

  • Support marketing campaigns.

You can disable cookies through your browser settings.

7. Third-Party Services

Our website may link to third-party sites. We are not responsible for their privacy practices.

8. Childrenโ€™s Privacy

We do not knowingly collect data from children under 13. If discovered, such data will be deleted immediately.

9. GDPR and CCPA Compliance

If you are a resident of theย European Union (GDPR)ย orย California (CCPA), you are entitled to additional rights:

  • Right to know what data we collect and how it is used.

  • Right to request deletion of personal data.

  • Right to opt out of the sale of personal data (we do not sell your data).

  • Right to lodge a complaint with your local Data Protection Authority.

To exercise these rights, please contactย [email protected].

10. Updates to this Policy

We may update this Privacy Policy periodically. Changes will be posted on this page with the revised date.

11. Copyright and Intellectual Property

ื‘ืขื‘ืจื™ืช

ื›ืœ ื”ืชื›ื ื™ื ื‘ืืชืจย Go Pilates Academyย โ€“ ืœืจื‘ื•ืช ื˜ืงืกื˜ื™ื, ืกืจื˜ื•ื ื™ื, ืงื•ืจืกื™ื ื“ื™ื’ื™ื˜ืœื™ื™ื, ืžืฆื’ื•ืช, ืชืžื•ื ื•ืช, ืœื•ื’ื•ืื™ื, ืขื™ืฆื•ื‘ื™ื ื•ื—ื•ืžืจื™ ืœื™ืžื•ื“ โ€“ ืžื•ื’ื ื™ื ื‘ื–ื›ื•ื™ื•ืช ื™ื•ืฆืจื™ื ื•ื—ื•ืงื™ ืงื ื™ื™ืŸ ืจื•ื—ื ื™, ื‘ื™ืฉืจืืœ ื•ื‘ืขื•ืœื.
ื”ืฉื™ืžื•ืฉ ืžื•ืชืจย ืœืฆืจื›ื™ื ืื™ืฉื™ื™ื ื•ืœืžื™ื“ื” ื‘ืœื‘ื“.
ื—ืœ ืื™ืกื•ืจ ืœื”ืขืชื™ืง, ืœืฉื›ืคืœ, ืœื”ืคื™ืฅ, ืœืคืจืกื, ืœืžื›ื•ืจ, ืœืžืกื—ืจ ืื• ืœืฉื“ืจ ืชื›ื ื™ื ืœืœื ืื™ืฉื•ืจ ื‘ื›ืชื‘ ืžืืชย Go Pilates Academy.
ื”ืคืจืช ื–ื›ื•ื™ื•ืช ื™ื•ืฆืจื™ื ืขืœื•ืœื” ืœื”ื‘ื™ื ืœื ืงื™ื˜ืช ื”ืœื™ื›ื™ื ืžืฉืคื˜ื™ื™ื.

In English

All content on theย Go Pilates Academyย website โ€“ including but not limited to text, videos, digital courses, presentations, images, logos, designs, and learning materials โ€“ is protected by copyright and intellectual property laws.
Content is provided solely forย personal and educational use.
It is strictly prohibited to copy, reproduce, distribute, publish, sell, commercialize, broadcast, or transfer any content without prior written consent fromย Go Pilates Academy.
Any infringement may result in legal action and claims for damages.

12. Contact Us

If you have questions about this Privacy Policy, please contact:

ย [email protected]
ย https://gopilatesacademy.com