TERMS OF SERVICE
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.planktopikepilates.com (“the Site”) operated by Plank to Pike, LLC (“PTP”, “us”, “we”,or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.PlanktoPikePilates.com .
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Plank to Pike Services. You are only authorized to use the Plank to Pike services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Plank to Pike website and discontinue use of Plank to Pike Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
Plank to Pike, LLC recommends that you consult your physician before attending or utilizing any wellness amenities and exercise programs.
I understand that advice or suggestions provided by Plank to Pike, our Instructors or representatives at no time constitutes as medical advice.
ACCOUNTS
In order to access some features of the website, you will have to create a Plank to Pike account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
MEMBER SERVICES AND POLICIES
CANCELLATIONS: All Reservations and waitlists reservation must occur at least 7 hours in advance of the start of class. If you put yourself on the waitlist, look out for emails up to 7 hours in advance and check your schedule under your account on our app to see your place on the waitlist and if you’ve gotten in. If you were moved into the class we are under the impression that you will be attending class, if you cannot make it you must remove yourself from class. (at least 7 hours in advance to avoid fees).
FREE CLASSES: If you are coming in for a free class, please note that the cancellation policy and no show fees still apply.
RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT AT THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.
MEMBERSHIP PACKAGES: Members who purchase Monthly Unlimited are subjected to a penalty charge for either a late cancel or an absence should they not cancel their reservation within the allotted 7-hour window.
PERSONAL BELONGINGS: You agree that you assume all risk of loss for any of your personal belongings. Plank to Pike is in no way responsible for the safekeeping of your personal belongings while you are present in the studio or what may be left.
STUDIO RULES AND REGULATIONS
All sales are final, this includes but not limited to:
Retail items
Studio fees(Late cancels, No-Show fees, Account freeze fee)
Class Credits / Packs
Memberships / Membership packages.
Memberships and packages are non-refundable. No exceptions.
All classes must be prepaid, any outstanding fees or balances must be paid prior to your next class.
If you refuse to pay fees, you will not be allowed to take class and you will not be granted a refund or credit.
You must be physically present and checked in at the start of class time or your spot may be released to a waitlisted client or marked as a no show. No exceptions.
Reserved classes must be changed or cancelled at least 7 hours of scheduled time or they will be forfeited along with a penalty fee applied.
All credits, classes or wellness amenities are subject to a penalty fee for a late cancel or absence.
If you are recovering from injury or illness, notify the instructor of your restrictions or modifications prior to class start time.
PAYMENT METHODS ACCEPTED:
-VISA
-MASTERCARD
-AMERICAN EXPRESS
NO CASH, APPLE/GOOGLE PAY ACCEPTED
LIMITATION OF LIABILITY
I, the Participant, hereby affirm that I am in good physical condition and do not suffer from any mental or physical disability which would prevent or limit my participation in training with an independent contractor (fitness instructor) at Plank to Pike, LLC Studio. (Plank to Pike or The Company).
I confirm that I have no health problems (including without limitation cardiac irregularities; spinal or bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect my participation in any sessions at Plank to Pike. Participants with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Participant should consult his doctor.
I understand that I am voluntarily participating in a program of strenuous physical activity on the reformer or on the floor or using various fitness equipment (weights, sliders, bands).
By signing this agreement, enrolling online, and/or attending classes, events, and other Plank to Pike programs whether online, in a Plank to Pike studio or using Plank to Pike equipment, I hereby acknowledge and agree, on behalf of myself, my heirs, my guests, personal representatives and/or assigns that (a) there are certain inherent risks and dangers in the strenuous nature of the Plank to Pike workout program (b) I have voluntarily chosen to participate in an intense physical exercise program and I have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. I assume all risk for my health and well-being, and fully release and hold harmless for any responsibility, cost or damages Plank to Pike, its Instructors, independent contractors, clients and employees for any injury, harm or loss I may suffer, including death, as a result of participation in any Plank to Pike activities.
If client is pregnant: I am pregnant and acknowledge that there are additional risks involved with taking classed or utilizing wellness amenities while pregnant.
If client is a minor (age 15-18): This release applies equally to said minor. No one under 15 years of age may participate. Minors 15-18 years of age may only participate legal guardian present.
By checking box/ signing this document, enrolling online, and/or attending in person classes, private sessions, events or simply entering Plank to Pike studios, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, any guests you enroll/ Bring and any minor child you may enroll: (a) to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members in connection with attendance at Plank to Pike or as a result of participation in Plank to Pike programs (“Claims”); and (b) covenant not to sue, Plank to Pike, its Instructors, independent contractors, clients, and employees, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of Plank to Pike, its Instructors, independent contractors, clients, and employees, whether a COVID-19 infection occurs before, during, or after attending Plank to Pike studio facilities or participating in any Plank to Pike program.
Plank to Pike reserves the right to refuse access to any Participant if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Plank to Pike facilities or classes.
I understand that I am required to follow the instructions of the Instructor at all times.
CONTENT
The content on the Plank to Pike website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Plank to Pike, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only.
This content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the written consent of the respective owners.
Plank to Pike reserves all rights to the website and the content.
You acknowledge and agree that any comments, suggestions, questions, ideas, feedback and other information about the website or services, provided by you to the Company are non-confidential and will become the sole property of Plank to Pike.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
MOBILE SERVICES AND RATES
Plank to Pike Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Plank to Pike via your mobile phone, (ii) the ability to receive and reply to Plank to Pike messages, (iii) the ability to browse Plank to Pike from your mobile phone and (iv) the ability to access certain Plank to Pike features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s messaging, data rates and fees will still apply. We recommend you check with your carrier to see what plans are available. In addition, downloading, installing, and using certain Mobile Services may be prohibited/ restricted by your carrier. Therefore, you should check with your carrier to find out if the Mobile Services are available for your devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Plank to Pike by SMS, MMS, text message or other electronic means to your mobile device.
TERMINATION
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
Our Site may contain links to a third-party site, which those are not owned or controlled by Plank to Pike LLC.
Plank to Pike LLC assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the TOS and Privacy Policy of any third-party site that you visit.
GOVERNING LAW
This Agreement (along with any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Harris County, Texas, USA, without giving effect to any principles of conflicts of law.
CHANGES TO THIS AGREEMENT
Plank to Pike reserves the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of any Plank to Pike platforms such as our app and website after any such changes constitutes your acceptance and agreement of the new Terms of Service.
We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site and discontinue any use of the Site immediately.
ELIGIBILITY
Membership is void where prohibited. This website is intended solely for Users who are 15 years of age or older. Any registration by, use of or access to the website by anyone under 14 is unauthorized, unlicensed and in violation of these Terms of Use. By using Plank to Pike Services or the website, you represent and warrant that you are 14 years of age or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 14 and 18 may register on our website only with the involvement of a parent or legal guardian.
TERM
These Terms of Service shall remain in full force and effect while you use the Plank to Pike Services or are a Member. You may terminate your membership at any time, for any reason, after your agreed contract minimum has been met, By following the instructions provided here in TOS or by contacting your local studio directly via phone or email. Plank to Pike may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
FEES
You acknowledge that Plank to Pike charges fees for its services. Plank to Pike reserves the right to change its fees from time to time in its discretion. If Plank to Pike terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
PASSWORD
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Plank to Pike immediately if you suspect any unauthorized use of your account and access to your password. You are solely responsible for any and all use of your personal account.
INTELLECTUAL PROPERTY
The trademarks and trade dress of Plank to Pike are proprietary to Plank to Pike and may not be used by you for any reasons other than as expressly permitted. All moves, content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; are property of, or duly licensed to, Plank to Pike. Any other use of materials including modifications, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Plank to Pike’s ownership, is strictly prohibited.
You acknowledge that Plank to Pike and/or third party content providers remain the owners of all content and materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. Plank to Pike may discontinue your right to access to the content and materials, or any portion thereof, at any time.
These Terms of Service, together with our Privacy Policy, and any other legal notices published by Plank to Pike on the website, shall constitute the entire agreement between you and Plank to Pike concerning all Plank to Pike platforms including our website and app. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Plank to Pike’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Plank to Pike reserves the right to amend these Terms of Service at any time and without notice. It is your responsibility to review these Terms of Service for any changes. Your use of the Plank to Pike website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
ARBITRATION
YOU AND PLANK TO PIKE AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
WAIVER AND RELEASE AGREEMENT
Plank to Pike LLC
Plank to Pike recommends that you consult your physician before attending any wellness amenities or exercise programs.
In exchange for utilizing the services of Plank to Pike LLC, a Texas limited liability company the undersigned acknowledges that the customer, has read and fully understands the following terms, and knowingly assumes the risks and waives his/her/their rights concerning liability as set out below and contained within this Waiver and Release Agreement ("Agreement").
If Client is pregnant: I am pregnant and acknowledge that there are risks involved with taking classes along with utilizing any wellness amenities while pregnant.
I have consulted my physician prior to attending/ using any wellness amenities and classes, both online and in person.
SERVICES AND ADVICE
Plank to Pike is in the business of providing advanced pilates services to its customers. Services include but are not limited to XFormer/ Reformer Pilates classes, cold plunges, infrared light classes, saunas, infrared saunas, and other services ("Services"). Plank to Pike LLC, along with its officers, directors, employees, agents, subsidiaries, affiliates, contractors, and suppliers are hereinafter collectively referred to as "Plank to Pike Parties."
Plank to Pike highly recommends that Customer consult a doctor and medical professional prior to using the Services.
No information Plank to Pike provides customer with respect to using the services or any advice at all, even if unrelated to the services, should be considered medical advice or relied upon. Plank to Pike disclaims all liability with respect to any belief that customer may have that any information provided is medical advice.
INFRARED SAUNA AGREEMENT/ ACKNOWLEDGEMENT
Customer understands and agrees that they are aware of the following, which is a non-exhaustive list of risks and concerns that could arise by Customer's use of the Services:
The use of drugs, medication, or alcohol prior to or during the Services may lead to dizziness or unconsciousness, among other risks. As a condition of utilizing the Services of Plank to Pike, Customer acknowledges and voluntarily assumes all risks of injury and death.
The use of medications, narcotics, drugs, alcohol, and other substances increases the risk of injury and death while using the services.
No one under the age of eighteen (18) is permitted within Plank to Pike's property and is not permitted to use the Services without a legal parent or guardian present.
Customer shall discontinue the use of the Services if Customer feels light- headed, dizzy, uncomfortable, unwell, sick, experiences the symptoms of heat exhaustion, hypothermia, or any other sensation.
Sauna sessions must be limited to no more than forty (40) minutes and temperatures must stay below 145 degrees Fahrenheit.
Pregnant women should consult their physician prior to use of the Services.
It is always important to maintain proper hydration levels before, during, and after infrared sauna therapy and the use of services. Plank to Pike highly recommends drinking a minimum of eight (8) ounces of water prior to and following sessions.
CANCELLATIONS AND LATE ARRIVALS:
Customer understands and agrees to the following:
If Customer is late for an appointment, time will be deducted from Customer's session or if more than 5 minutes late will lose their service credit. If I book an appointment and am unable to make it, I must call to cancel within 7 hours of the scheduled time.
Late cancellations: will result in loss of credit and a $10 late cancellation fee that will be charged to your card on file.
No shows: result in loss of credit, and a $15 no-show fee will be charged to the card on file.
All guests are limited to one 50-minute session per day maximum.
No inappropriate behavior or activities will be tolerated. Guests may be asked to leave without a refund at any time.
DAMAGE FEE
If I, the customer cause damage to any Plank to Pike's property including, without limitation, physical damage, water damage, damage due to harmful substances or odors, or damage from bodily fluids other than perspiration, I will be required to pay a damage fee which will be charged to my card on file. The damage fee will accurately reflect the cost to repair the property, and will not be subject to minimum or maximum limits.
RIGHTS TO REFUSE SERVICE
Plank to Pike and Plank to Pike Parties reserve the unilateral right to deny access, refuse service, or prohibit the use of its facilities to any customer, person, or persons at any time for any reason or for no reason at all, subject to applicable laws and regulations.
Nothing in this Agreement shall permit or empower the Plank to Pike and Plank to Pike parties to refuse service on the grounds that are unlawful or discriminatory under applicable federal, state, or local laws.
IN THE EVENT THAT SERVICE IS REFUSED OR ACCESS IS DENIED PURSUANT TO THIS CLAUSE. NO REFUNDS SHALL BE ISSUED FOR ANY PAYMENTS, DEPOSITS, OR FEES PAID IN ADVANCE FOR THE SERVICES OR USE OF PLANK TO PIKE'S FACILITIES.
By entering Plank to Pike's premises or utilizing its Services, customer acknowledges and agrees to abide by this right to refuse service and no refund Policy and understands that any violation may result in immediate termination of services and expulsion from the premises, without refund or recourse.
WAIVER OF LIABILITY AND ASSUMPTION OF RISK
In exchange for utilizing the services and facilities of Plank to Pike and/or entering on Plank to Pike's premises, I expressly agree to the following:
I acknowledge and voluntarily assume the risk of injury, accident, or death, which may arise from utilizing Plank to Pike's services and premises including, among other things, the use of pilates equipment, infrared light exposure, an infrared sauna, and cold plunge. I acknowledge that there are certain risks inherent to the use of pilates equipment, infrared light exposure, infrared saunas, cold plunge, and hot tubs, and I voluntarily assume those risks.
INDEMNIFICATION AND RELEASE OF CLAIMS
To the maximum extent permitted by applicable law, I and any of my heirs, executors, administrators, estate, representatives, guardians, agents, employer, or assigns hereby forever hold harmless and release Plank to Pike, and each of their respective, owners, officers, employees, parent companies, subsidiaries, independent contractors, contractors, directors, shareholders, agents, and representatives from all claims, demands, lawsuits, or liabilities, INCLUDING NEGLIGENCE arising in connection with my utilization of Plank to Pike services and premises. I agree that this consent form and waiver of liability will remain in effect during all such times as I utilize Plank to Pike's services and premises, including for all future pilates, infrared sauna, cold plunge, and infrared light sessions.
In addition, I agree that Plank to Pike is not responsible for any damage to any personal property brought to the Plank to Pike premises, or for lost or stolen items and, to the maximum extent permitted by applicable law, I and any of my heirs, executors, representatives, or assigns hereby forever hold harmless and release Plank to Pike and each of their respective, owners, officers, employees, agents and representatives from any liability, INCLUDING NEGLIGENCE, in connection with such property loss or damage.
Limitation of Liability for Criminal Activity
Not with standing any other provision in this Agreement or otherwise, Plank to Pike and Plank to Pike Parties, shall not be responsible or liable, either jointly or severally, for any criminal activities, unlawful acts, or misconduct committed by any third party, including but not limited to clients, guests, contractors, customers, or other individuals on or near the premises.
Customer acknowledges and agrees that Customer assumes all risks associated with entering and utilizing Plank to Pike's services and facilities, including any risk of becoming a victim of criminal activity.
Customer agrees to indemnify, defend, and hold harmless the Plank to Pike Parties
from any and all claims, liabilities, damages, and/or costs (including, but not limited to, legal fees) arising from or related to any criminal activities that may occur on or near the premises.
Nothing in this clause shall relieve Plank to Pike of its legal obligations to report
suspected criminal activity to the relevant authorities as required by law.
Plank to Pike, LLC Cancellation Policy:
Effective Date: Contract Start Date / Purchase Date
At Plank to Pike, we strive to provide our members with quality fitness services and facilities. We understand that circumstances can change, leading you to modify your membership status. This policy outlines the terms and conditions related to the cancellation of your gym membership.
Membership Cancellation Process
Notification: To initiate a membership cancellation, members must submit a written notice to Plank to Pike at least 30 days before the intended cancellation date. This can be done via email to Info@PlanktoPikePilates.com.
Final Payment: Any outstanding dues must be settled before the cancellation can be processed. If your cancellation request is within the [30]-day notice period, one final payment may be charged.
Early Cancellation Fee: For members on a contract, cancellation before membership contract is up, will result in the remaining contract commitment fee, will apply if the membership is terminated before the end of the contract period.
No-Show Cancellations
Members who fail to cancel their class 7 hours before scheduled class time will result in a late cancel fee of $10, any no call no shows will result in a $15 fee and loss of class credit.
Refunds
All sales are final, Plank to Pike does not offer refunds, nor store credit on the following: Retail, Class Credits, Membership charges, and fees such as late cancellations / no show fees.
Policy Changes
Plank to Pike reserves the right to modify this cancellation policy at any time.
Contact Information:
For any inquiries or assistance regarding the cancellation process, please contact us at:
Email: Info@PlanktoPikePilates.com
Address: 4003 Bellaire Blvd Unit H, Houston, TX 77025
We thank you for your patronage at Plank to Pike and hope to assist you in your fitness journey as effectively as possible.
CONTACTING US
If you have any questions about these Terms of Service, the practices of Plank to Pike or its services, or your dealings with this site, please contact us at: info@planktopikepilates.com