Terms of Service
KENOO PILATES STUDIO TERMS OF SERVICE AGREEMENT
Effective Date:
1. Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the KENÓŌ Pilates website and related digital services (the “Site”). By accessing or using the Site, you agree to these Terms.
Purchases, bookings, and memberships may also be governed by separate purchase terms, membership agreements, the Studio Policy, the Privacy Policy, and any applicable risk acknowledgment presented to you. If terms conflict, the applicable agreement and mandatory law will control as determined under the relevant documents.
If you do not agree to these Terms, do not use the Site. Stopping use of the Site does not by itself cancel a paid membership, booking, or recurring payment; use the cancellation method in your applicable purchase or membership agreement and any legally required method.
2. Services Offered
The Studio offers Pilates instruction and related fitness and wellness services, including group classes, private classes, workshops and related fitness services including utilizing heated mats and infrared heating elements or ambient heat systems to maintain elevated room temperatures.
Service descriptions, class availability, schedules, and features may change. Any changes remain subject to applicable purchase terms and rights that cannot be waived by law.
3. Member Eligibility
Members must be over 16 years of age and agree to the terms to participate in any service or use our studio and facilities. Any Member younger than 18 years of age must have a waiver and consent form signed by a parent or legal guardian.
4. Member Responsibilities
By accessing or using our Digital Services, you agree to abide by the following responsibilities and restrictions:
• You agree to provide accurate, current, and complete information when creating an account, registering for services, or making billing updates. Providing false contact details or fraudulent payment information constitutes a breach of these Terms and may result in the immediate termination of your membership and website access.
• Account Security & Credential Protection: You agree not to share your account information with any third part .
• You must immediately notify the Studio of any unauthorized account access or suspected security breach.
• Prohibited Digital Conduct: You explicitly agree that you will not use the website or mobile application to:
• Transmit or upload any malware, viruses, or malicious code.
• Engage in data scraping, data mining, harvesting, or indexing of website content.
• Engage in any act that is defamatory, abusive, obscene, harassing, or unlawful.
• Attempt to gain unauthorized access to our servers, networks, or databases.
The Studio may take reasonable steps to address suspected misuse, consistent with applicable law and any applicable contract.
5. Intellectual Property Protection:
All content, designs, graphics, videos, photographic imagery, and software code featured on this website are the exclusive property of the Studio or its licensors.
You agree not copy, reproduce, distribute, or create derivative works from this content without prior written authorization from the Studio.
6. Limitation of Liability
To the fullest extent permitted under New York State law, the Studio shall not be liable for our website’s service interruption, content errors, data loss or delayed or undelivered messages.
7. Indemnification
By using this website, you agree to indemnify and hold harmless Kenoo Pilates, its
officers, directors, employees, agents, and licensors from and against any and all
claims, damages and liabilities arising from or relating to your use of and access to this
website, or your violation of any term of these Terms of Service or your violation of any
third-party right.
8. Governing Law and Arbitration
This agreement shall be governed by the laws of the State of New York.
By accepting the terms of this agreement, you agree to resolve all disputes related to your use of this website through binding arbitration in Nassau County, NY unless otherwise prohibited by law.
9. Termination for Cause and Misuse
Kenoo Pilates reserves the right, in our sole discretion, to suspend or terminate access to our website at any time, without prior notice or liability, if we determine that you have violated these Terms of Service or engaged in any unlawful, unauthorized, or improper conduct.
Prohibited conduct include but are not limited to:
• Violating any applicable local, state or federal law or regulation.
• Engaging in fraudulent, deceptive, defamatory, or abusive behavior.
• Uploading viruses, malware, or other malicious code.
• Infringing upon the intellectual property rights of the Company or any third party.
We shall not be liable to you or any third party for any termination of your access to the Website.
10. Pricing
Class, Class Pack and Unlimited Monthly, 3 Month and 6 Month membership pricing are posted on this website. Promotional prices are only available for the stated period.
Before completing a purchase, review the price, payment timing, duration, included services, expiration terms, and applicable cancellation or refund terms presented for that offering.
11. Modification, Suspension, and Availability of Website and Services
Kenoo Pilates reserves the right at any time to modify, update, suspend or permanently discontinue the Website or any specific online service, feature, or digital content offered through the website without prior notice to you.
You acknowledge and agree that the Kenoo Pilates shall not be liable to you for any modification, suspension, downtime, or discontinuance of the Website or digital services.
The Club reserves the right to swap, remove, or change digital platforms or software providers at any time without triggering a right to a refund of your physical membership dues.
12. SMS Messaging
1. Program Description
By opting in, you agree to receive recurring automated text messages from [BRAND NAME] ("we," "us," "our") at the mobile number you provided. Messages may include [appointment reminders, order updates, account alerts, promotional offers, customer support follow-ups, etc. — customize to your actual use case]. Consent to receive these messages is not a condition of any purchase.
2. Message Frequency
You may receive up to [X] messages per [week/month]. Message frequency may vary depending on your activity and interactions with us.
3. Message and Data Rates
Message and data rates may apply. Charges are billed by and payable to your mobile service provider. Please contact your wireless carrier for details about your messaging plan.
4. How to Opt Out and Get Help
You can unsubscribe the SMS service at any time by replying STOP to any message we send you. After you send STOP, you will receive a one-time confirmation message, and no further messages will be sent. If you want to rejoin, you can sign up again using the original opt-in method or reply START. For help or more information at any time, reply HELP to any of our messages. You can also contact our support team directly at [SUPPORT EMAIL] or [SUPPORT PHONE NUMBER].
5. Carrier Liability Disclaimer
Carriers are not liable for any delayed or undelivered messages.
Link to Privacy Policy: https://www.kenoopilates.com/privacy-policy
13. Health and Fitness Data
If you choose to enable Workout Metrics and grant permission through Health Connect on Android or Apple Health on iOS, our app accesses health and fitness data, such as heart rate and calories burned, solely to display workout metrics for your classes.
This data is accessed and processed on your device. It is not transmitted to, stored, or retained by us or our app provider. We do not sell this data, share it with third parties, or use it for advertising. The uses and restrictions described in this section apply specifically to health and fitness data accessed through this feature.
You can revoke the app’s access at any time through the permissions settings in Health Connect or Apple Health.
Our use of information received from Health Connect complies with Google’s applicable Health Connect permissions policy, including its Limited Use requirements.
14. Third-Party Links and Services
The Website may contain third party links that are not owned or controlled by Kenoo Pilates.
These links are provided solely as a convenience to you.
The inclusion of any link does not imply endorsement, sponsorship, or recommendation by Kenoo Pilates of the third party, its website, or its products and services.
You acknowledge and agree that your access to and use of any third-party website is entirely at your own risk and you agree to hold Kenoo Pilates harmless for any and all liability, damage, loss, or injury caused by or in connection with your use of any third-party website.
15. Disclaimer of Warranties
The Website, its content, features, digital tools, and all online services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Kenoo Pilates disclaims all warranties, express or implied.
Kenoo Pilates does not warrant or make any representations that:
• The Website or online features will operate uninterrupted, secure, or error-free.
• Information displayed on the Website will be entirely accurate, reliable, or complete.
• Defects, bugs, or system glitches will be corrected immediately.
• The Website, its hosting servers, or emails sent from the Club are free of viruses, malware, or other harmful components.
• Health and Physical Activity Disclaimer. Any fitness, health, nutrition, or wellness information provided on the Website is for general informational and educational purposes only. It is not intended as, and does not constitute, medical advice, diagnosis, or treatment.
• Your use of the Website, its workout videos, or tracking features is entirely at your own risk.
• You should consult a qualified healthcare professional before beginning any physical exercise, Pilates, or health program featured on this platform.
16. Consent to Communications
By using our website or contacting Kenoo Pilates through email, phone or SMS, you consent to receive communications.
Promotional text messages will be sent only where required consent has been obtained. Consent to receive marketing texts must not be a condition of purchasing a class or membership where prohibited by law. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out and HELP for assistance, where supported by the messaging program. Opting out of promotional messages does not necessarily stop necessary transactional or account-related communications.
Email marketing preferences and other promotional communications will be handled in accordance with applicable law and the options provided to the recipient.
17. Updates to these Terms
The Studio may update these Terms from time to time. The effective date will be updated when revisions are published.
Where required by law or contract, the Studio will provide notice or obtain renewed consent before a change takes effect. A change does not retroactively remove accrued rights or rights that cannot be waived.
For any questions regarding this Terms of Service Agreement, please contact us directly:
Kanoo Pilates
206 Pettit Ave, Bellmore NY 11710
Email: kenoo@kenoopilates.com