Terms and Conditions -TUNNEL PILATES LLC

I. Application of These Terms And Conditions (the “TUNNEL PILATES" Agreement)

This website is operated by Tunnel Pilates LLC. These terms and conditions ("Terms") govern your relationship with Tunnel Pilates, including, but not limited to, your use of the Tunnel Pilates Website www.tunnelpilates.com (the "Website"), your purchase of Tunnel Pilates classes, your rights to cancel your purchase of Tunnel Pilates classes, your registration for classes, your purchase of merchandise, your communication with Tunnel Pilates, and your use of and attendance at Tunnel Pilates studio. Tunnel Pilates classes include offerings on the ONYX reformer..

II. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (Applicable to the TUNNEL Agreement)

A. Informal Dispute Resolution

At Tunnel Pilates, you are the most important part of creating our experience. We aspire to make sure that every experience with Tunnel Pilates will leave you walking out of our studio pleased. If that doesn't happen, we hope you will give us the opportunity to address any problem. To do that, please e-mail us at info@tunnelpilates.com. Please include: your name, a description of your concerns, and a description of the specific relief you seek.

B. Arbitration Agreement

By accepting the Terms, you and Tunnel Pilates agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement ("Arbitration Agreement"). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association ("AAA"), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Tunnel initiates arbitration, it shall have the choice as between these two arbitration forums.

WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

C. Class Action Waiver

You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Tunnel Pilates or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Tunnel Pilates. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).

If this class action waiver ("Class Action Waiver") clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

D. Definition of Dispute

Except as described below, the term "Dispute" in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and Tunnel Pilates regarding any aspect of your relationship with Tunnel Pilates, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.

Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.

Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.

E. How Will the Arbitration Work?

Either you or Tunnel Pilates may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.

If you or Tunnel  initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:

• For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.

• Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.

• As set forth in the section of these Terms regarding Choice of Law, the arbitrator shall apply California law.

If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, Tunnel Pilates will pay all arbitrator's costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.

F. Where Will the Arbitration Be Held?

You can bring the arbitration in either California or in the state where you live if there is a JAMS or AAA in that state. In the event that TUNNEL initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case TUNNEL may initiate the arbitration in California.

III. TUNNEL PILATES Agreement

A. Use of the Facilities by Minors

Clients under the age of 18 should register and use the Website only with the involvement of a parent or guardian.Please do not attempt to sign up for classes on the Website if you are under the age of 18 without an adults consent. Registration of a minor is an option for Tunnel Pilates classes only with the consent of a parent or guardian aged 18 or older. The youngest a minor can be is 16 years old to sign up and take a class. Clients who are at least 16 years of age must have a Minor New Client Waiver Form signed by a parent or guardian in order to sign up for Tunnel Pilates classes.

B. Reservations/Charges/Classes and Gift Cards

In order to make a reservation, you must first buy a single class or a series of classes. To buy an individual class or series of classes online, you can either sign up here www.tunnelpilates.com by using your e-mail and creating a password, or if you are already registered, click login to buy a series and make your reservation. Clients may book up to 10 (10) machines per account in a 50-minute Tunnel Pilates class, and up to ten (10) machines per account in a 60-minute Tunnel Pilates class. Reach out to the Tunnel Pilates studio to ask about advanced group booking options. Tunnel Pilates reserves the right to hold up to ten (10) machines and/or spots in each class.

Tunnel Pilates gift certificates are called "gift cards". Gift cards contain no expiration date and the person that you are giving them to can use his or her gift card(s) to buy classes or to buy any kind of merchandise. Once a class is purchased using a gift card, it will expire.

Classes do expire. The expiration dates are posted in the description of the class or series of classes on the Website and listed on your receipt. If, however, you get jammed up and cannot book a class in time, just give us a call, stop by the studio, or e-mail us and we will help you with the possibility of extending the expiration date.

Future class prices are subject to change, but Tunnel Pilates will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made at the Tunnel Pilates studio. You can reserve classes online up to 1 week in advance.

Your credit/debit card is charged for your order when you buy a class or a series of classes, not when you book your machine. Tunnel Pilates will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Tunnel Pilates may incur in its efforts to collect any unpaid balances from you.

C. CONSUMERS' RIGHT TO CANCELLATION

You have the right to cancel your purchase of TUNNEL classes. Your right to do so is dependant on the applicable laws of California. 

 In general, you may cancel your purchase of one class or a class series at any time before midnight of the fifth business day after the date of your purchase, excluding Sundays and holidays. To cancel, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to info@tunnelpilates.com.

Tunnel Pilates  will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation.Clients and community members shall have the option to receive the refund either to the original method of payment or Tunnel Pilates credit.

D. ADDITIONAL RIGHTS TO CANCELLATION OF PURCHASE OF CLASSES OR SERIES OF CLASSES

You or your representative may also cancel your purchase of a class or series of classes for any of the reasons listed below. To do so, you must give us written notice, by e-mail to info@tunnelpilates.com.You may cancel your contract in any of the following circumstances.

• If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, Tunnel Pilates will refund you the purchase price of your unused class or classes.

• If you die, Tunnel will refund your representative the purchase price of your unused class or classes.

• If you move your residence more than 25 miles from the Tunnel Pilates studio location, you may cancel your purchase and Tunnel Pilates will refund the purchase price of your unused class or classes. Depending upon where you live, you may be charged a cancellation fee.

• If Tunnel Pilates stops offering classes.

E. Cancellation Policy for Reservations

In order to cancel a reservation in a Tunnel Pilates class and return it to your account, you must unreserve 12 hours in advance of the scheduled time the class you booked begins. Once your reservation is canceled, the class will be returned to your account to be used for another class in the future. You will not receive a full refund to the card or payment option you used to buy the class. If you haven't canceled 12 hours in advance of the class, your scheduled class will be charged to your series. Classes will be refundable within the 12 hour window if a class is canceled by Tunnel Pilates or if you wish to be refunded in the event of an instructor change.

You can cancel your reservation in the following ways:

1. Log into your account on the Website and, next to the class you wish to cancel, press "unreserve".

2. Call  studio or email the studio to cancel the class for you.

Please note, in fairness to all our customers, MACHINES WILL BE RELEASED 5 MINUTES BEFORE CLASS BEGINS. In the event that you do not unreserve your machine 12 hours prior to class, or if you do not show up and check in at the studio at least 5 minutes before class begins, then Tunnel Pilates shall have the right, without any credit or refund to you, to allow others to reserve or use your machine for a fee.

FOR CLIENTS AND COMMUNITY MEMBERS RUNNING LATE: We ask that you call the studio to let us know you are on the way. If you call the front desk at least 5 minutes before class begins, we will hold a reservation until class begins, though we cannot guarantee you will be given the machine you signed up for in the particular class. At this time, we cannot accommodate late clients.  Once the studio door closes and class begins, we won’t be able to let riders in.

FOR CLIENTS AND COMMUNITY MEMBERS LEAVING EARLY: If you're planning on leaving early, we ask  you tell the instructor ahead of time.

F. Waiver and Release

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the "Classes and Facilities") of Tunnel Pilates and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in megaformer pilates and exercise equipment in association with the Classes and use of the Facilities. You acknowledge that some of these risks cannot be eliminated regardless of how careful you are to avoid such injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, slip and falls, heart attacks, rhabdomyolysis, and concussions; and (3) catastrophic injuries including paralysis and death.

You have read and thoroughly understand the ONYX SAFETY INSTRUCTIONS that are posted on Tunnel Pilates Website. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff.

If in the opinion of any Tunnel Pilates staff, you would be at physical risk using Tunnel’s Classes and Facilities, you understand and agree that you may be denied access to the Classes at Tunnel Pilates. If you strongly disagree and wish to enter and partake in classes, you must provide an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Tunnel Pilates concerns and stating that Tunnel Pilates concerns are unfounded.

In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless Tunnel Pilates, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Tunnel Pilates Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Tunnel Pilates Classes and Facilities, and should not be participating in any Classes.

G. Links/Third Party Websites

Tunnel Pilates has not reviewed all the sites linked to the Website, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the Tunnel Pilates logos, please understand that it is independent from Tunnel Pilates, and that Tunnel Pilates has no control over the content of that website and/or app. Going to third party or off-site websites from the Website is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with Tunnel Pilates.

H. Texts and Calls

We may offer you the ability to receive texts and calls in connection with our services. If you opt-in to receive texts and calls, you agree that Tunnel Pilates may send you reoccurring texts and calls (including prerecorded and/or by autodialer) to the phone number you provide for transactional and marketing purposes in accordance with the terms of your opt-in. You can opt-out of receiving texts or calls to your phone number at any time by (i) for texts, texting "STOP" in response to any text you receive from us or contacting us at info@tunnelpilates.com and specifying you want to opt-out of texts to your phone number. We may send you a text confirming any opt-out by you and any such opt-out is limited to the phone number used and will not affect subsequent or separate subscriptions. You understand that your consent is not required as a condition of purchase. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phones and/or carriers are supported. Contact your carrier for further details. Additional terms may apply as set out in the terms of your opt-in.

I. Intellectual Property Rights

Trademarks and trade dress of Tunnel Pilates are property belonging  to Tunnel Pilates. It can not be used by you for any reasons other than as what is permitted by these terms.Website content, design, text, graphics, interfaces and all software are property of Tunnel Pilates.

J. Date Mining

You are not allowed access to the data of Tunnel Pilates. This includes all business reports, client profiles, or other personal information or property online belonging to Tunnel Pilates.

K. Not Authorized to Use This Website for Commercial Purposes

Any unauthorized use of Tunnel Pilates material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

L. Warranty Disclaimer and Limitation of Liability

In no event will Tunnel Pilates be liable for any damages resulting from your use of the Website. 

M. Choice of Law

The Terms are governed by the laws of the State of California, without regard to California’s choice of law provisions, except for any disputes concerning the interpretation and enforcement of the above Arbitration Agreement, which shall be governed by the Federal Arbitration Act. Except as provided above as to those Disputes you or Tunnel Pilates submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in California.

N. Acceptance of Terms

By using the Website, purchasing a Tunnel Pilates class, registering for a Tunnel Pilates class, booking a machine in a Tunnel Pilates class, purchasing merchandise, and/or using or attending a Tunnel Pilates class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website, purchasing a Tunnel Pilates class, registering for a Tunnel Pilates class, booking a machine, purchasing merchandise, or attending a Tunnel Pilates class.

Occasional changes may be made to this document to reflect changes in TUNNEL’S policies. The Terms may be revised at any time by updating this posting. By using the Website. Clients and community members are encouraged to check this document periodically to stay informed of current guidelines.

O. Contact Us

If you have any questions about these Terms you can reach us at info@tunnelpilates.com.

State-Specific Terms and Conditions Applicable to the TUNNEL Agreement ONLY

CALIFORNIA

Tunnel Pilates class(s) and packages include the following rates:

Class or Series of Classes:

Price:

Expiration:

Intro 2-Pack

$40

Expires in 30 days

1 Class

$35

Expires in 30 days

4- Pack

$128

Expires in 2 months

8- Pack

$240

Expires in 3 months

10- Pack

$280

Expires in 3 months

20 - Pack

$520

Expires in 6 months

unlimited/auto renew founders fee

$230

auto-renews monthly

5-DAY CANCELLATION RIGHT: You may choose to cancel the Tunnel Pilates Agreement at any time prior to midnight of the fifth business day of the health studio after the date of this Tunnel Pilates Agreement, excluding Sundays and holidays. To cancel this Tunnel Pilates Agreement, email or call the studio to states that you, the buyer, are canceling this agreement, or words of similar effect. 

Cancellation of Contracts Requiring Payment of $1,500 to $2,501 or more:

You may cancel this TUNNEL Agreement if you qualify as set forth below. Termination is effective provided written notice or emailed to info@tunnelpilates.com. Within 10 days after receipt of the notice of cancellation, you will receive a refund of any unused classes. Clients qualify for a refund based on the premises set forth in Clause D.  

• Agreement Requires Payment of $1,500 to $2,000: If this Tunnel Pilates Agreement requires payment of one thousand five hundred dollars ($1,500) to two thousand dollars ($2,000) you have a right to cancel this agreement at any time prior to midnight of the twentieth (20th) business day of the health studio after the date of this agreement, excluding Sundays and holidays.

• Agreement Requires Payment of $2,001 to $2,500: If this Tunnel Pilates Agreement requires payment of two thousand one dollars ($2,001) to two thousand five hundred dollars ($2,500), you have a right to cancel this agreement at any time prior to midnight of the thirtieth (30th) business day of the health studio after the date of this agreement, excluding Sundays and holidays.

• Agreement Requires Payment of $2,501 or More: If this Tunnel Pilates Agreement requires payment of two thousand five hundred one dollars ($2,501) or more, you have a right to cancel this agreement at any time prior to midnight of the forty-fifth (45th) business day of the health studio after the date of this agreement, excluding Sundays and holidays.

CLASS PACKAGES: Packages are for individual use only. A Class package may not be shared between multiple parties. A Tunnel Pilates class package may not be refunded once it has been partially used.

EFFECTIVE DATE: May 1, 2023