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This Membership Agreement (the “Agreement”) is between You, the client, and Bloom Pilates, Inc. (“Bloom Pilates”).
BLOOM PILATES POLICIES
Classes must be cancelled at least 12-hours prior to the start of the class time. Late cancellations are subject to loss of class credit and/or fee.
All clients, including new clients, must have a valid credit or debit card saved to their Account for incidental charges.
There is a 10-minute grace period for late arrivals.
The Waitlist will pull clients into class, pending availability, up to 2-hours prior to class start time; late-cancel and no-show policies apply to those pulled from the waitlist into class within the 12-hour late-cancel window.
You may pause your membership once every 180-days, for a minimum of 30-days; membership pauses are eligible after your initial 3-month term.
I. PURCHASING INFORMATION:
1.1 PURCHASING, PAYMENTS: Bloom Pilates is a cashless business and payments are processed by the third-party payment processor, Stripe via Arketa. All clients are required to maintain a valid and up-to-date payment method on file in their Account for (1) transacting individual purchases; (2) transacting recurring payments for Memberships; (3) incidental charges such as late cancellation or no-show fees; (4) retail or other authorized purchases.
By entering into this Agreement You agree that all membership fees and related charges, including incidentals (as applicable) will be charged to your card on file. You, the account holder, authorize Bloom Pilates to process such payments; if You are utilizing a payment method of another individual, You attest that You have the permission to authorize Bloom Pilates to process payment on the cardholder’s behalf.
1.2 PACKAGE EXPIRATION: Class packages are a predetermined allotment of classes to be redeemed in a given time frame by a single person; packages cannot be shared or transferred. All packages expire, as described on the website at the time of purchase, from the date of purchase. The expiration date set on an expiring package is the date on which the sessions in the package may no longer be used. There are no extensions, refunds, or freezes for purchases or expired sessions. Remaining credits at the expiration of the package will be forfeited and will not roll-over or be converted into Bloom Pilates credit.
1.3 FIRST TIME CLIENTS: Each client may take advantage of a Bloom Pilates First Time “Offer” once, at their initial visit. Individuals who create multiple accounts to take advantage of the Offer more than once will immediately lose access to the purchase with no refund, and may be prevented from attending classes at Bloom Pilates in the future.
Consistent with Bloom Pilates policies, all clients utilizing an Offer must save a valid and up-to-date credit or debit card on file in their Account in the event incidental charges (late-cancel and no-show fees) are incurred. If You do not save a card to file and incur a late-cancel or no-show fee, Your Offer will be paused until both a card is added to your Account AND you have paid the fee.
1.4 REFUND, CHARGEBACK POLICY: Unless otherwise provided by law, You acknowledge that all sales are final and Bloom Pilates does not offer refunds for any portion of your payment for any services at any time. By agreeing to this Agreement, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund and Chargeback Policy and voluntarily consenting to it. Should you attempt to issue a chargeback, Bloom Pilates reserves the right to pause your service until the issue is resolved. At that point You will only be allowed to participate in services once all financial responsibility has been settled in full.
1.5 ACCOUNT: Upon your first purchase You will be prompted to create an account (the “Account”) with Bloom Pilates and Arketa. Your Account is protected via secure password and where You will purchase and book classes and securely store credit card information. You are solely responsible for keeping your password secure.
II. MEMBERSHIP
2.1 MEMBERSHIPS: Bloom Pilates offers various “Membership(s)” - renewing monthly commitment to a certain number of classes, in addition to certain perks such as buddy passes, merchandise discounts and early access to events and booking. Memberships are billed monthly and automatically renew monthly on the same date of Membership purchase. Unused classes at the end of each month do not roll over or bank. Membership continues to renew each month until canceled by You. Failure to timeline cancel will result in an auto-renewal. All Membership pricing is subject to increase upon 30-days written notice.
2.2 AUTO DEBIT: By purchasing a Membership, You expressly agree that Bloom Pilates is authorized to, on a recurring basis on the same of the day of each month of the Membership, automatically charge the debit or credit card account You specified in your Account, subject to communicated increases, for the auto-debit plan You enrolled in. You understand and acknowledge that (1) Bloom Pilates will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the sales page and/or in connection with cancellation fees per the cancellation policy. Bloom Pilates may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card or payment method on file with accurate billing information. Bloom Pilates cannot be held responsible for errors in processing due to expired or inaccurate information; and (3) Bloom Pilates is not responsible for any bank overdraft fees that may occur.
2.3 MEMBERSHIP CANCELLATION: Membership will continue to renew each month until cancelled by You in your Account. When You cancel prior to the next billing date, You still maintain access to the Membership through the end of your billing cycle. If You do not cancel prior to your billing date You will be automatically billed, with no refund, for the subsequent month and continue to have access until your next billing date, at which point your Membership will be considered cancelled and You will not be billed further.
2.3.1 Early Membership Termination: All Memberships require an initial 3-month commitment upon initial enrollment. You may cancel your Membership, per the terms of this Agreement prior at any point; however, Memberships canceled before your initial 3-month commitment is complete are subject to an additional $100 early cancellation fee.
2.4 MEMBERSHIP PAUSE: You may pause your Membership once every 180-days, for a minimum of 30-days, after the initial 3-month commitment. All pause requests must be made via writing in email at least 5-business days prior to the date of requested pause. Emails shall be directed to info@mybloompilates.com and must include: (1) date membership is to be paused; and (2) date to unpause the Membership, so long as it is at least one-month from the pause date. You understand that your Membership will automatically be unpaused, and You will be charged on the date provided. If You request to extend the length of your pause, it is within Bloom Pilates’s sole discretion to allow for the extension.
2.5 FLORIDA HEALTH CLUB DISCLOSURES: You have the right to a penalty-free cancellation of this Agreement within three (3) days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to Bloom Pilates, and refund upon such notice of all moneys paid under the Agreement, except that the STUDIO may retain an amount computed by dividing the number of complete days in the contract term or, if appropriate, the number of occasions Bloom Pilates services were rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the Agreement or, if appropriate, by the number of occasions that Bloom Pilates services were rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation made within the 3-day provision. You may cancel and receive a refund of the contract price if the Bloom Pilates location goes out of business, or moves its facilities more than 5 driving miles from the business location designated in the Agreement and Bloom Pilates fails to provide you, within 30 days, a facility of equal quality located within 5 driving miles of the business location designated in the contract at no additional cost to you.
Notice of intent to cancel by You shall be given in writing to Bloom Pilates. The notice of cancellation from You automatically terminates your obligation to any entity to whom Bloom Pilates has subrogated or assigned your Agreement. If Bloom Pilates wishes to enforce the Agreement after receipt of your notice, it may request the Department of Agriculture and Consumer Services (“Department”) to determine the sufficiency of the notice.
If the Department determines that a refund is due to You, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of the Bloom Pilates may not be deemed out of business when temporarily closed for repair and renovation of the premises: (a) Upon sale, for not more than 14 consecutive days; or (b) During ownership, for not more than 7 consecutive days and not more than two periods of 7 consecutive days in any calendar year.
A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph. You should contact the Department for information within 60 days should the Bloom Pilates go out of business.
If You had to cancel this Agreement due to your death or physical disability and have provided noticer per the “Membership Cancellation” section, You will be owed a refund of funds paid in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph. If applicable, the initial Agreement will not be for a period in excess of 36 months, and thereafter shall only be renewable annually. If Bloom Pilates requires You to furnish identification upon entry to the facility and as a condition of using the services of Bloom Pilates, Bloom Pilates shall provide you with the means of such identification.
III. RESERVATIONS AND CANCELLATION POLICIES
3.1 CANCELLATIONS, RESCHEDULING, LATE-CANCEL POLICY: Classes must be cancelled at least 12-hours prior to the start of the class time. Cancellations and reschedules may be done online only via your Account. There are no refunds for timely-cancelled classes; your Account will be credited back.
If You do not cancel or reschedule before the cancellation window closes the following charges apply: late cancellations are subject to a fee only and class credit will be returned to your Account. No-shows are subject to fee and will lose their class credit.
Cancellations via texting, emailing, Facebook messenger, Instagram, and other social media platforms are not valid forms of cancellation, and You will be charged if the booked session or class is not properly canceled outside the cancellation window.
In the event of an emergency on their part, Bloom Pilates reserves the right to move your class to another mutually agreeable time, or to cancel it outright. In this rare instance that Bloom Pilates must do so, You will not be charged for the changed session/class, and You session will be promptly rescheduled.
3.2 LATE ARRIVALS: There is a 10-minute grace period for late arrivals of returning clients only; doors will be locked after 10-minutes. If You are late and there is a client waiting on standby, your spot will be released at the start of class time.
3.3 WAITLIST: If a scheduled Class is booked to capacity, You may place yourself on the “Waitlist” for that Class. If You add yourself to a Waitlist, You are responsible for managing your booking and any cancellation, as needed. Members will automatically be pulled from the Waitlist into class up to 2-hours prior to the class start time. If You are pulled off the Waitlist and into class during the ‘late-cancel’ window and need to cancel, You are subject to the late cancellation policy.
IV. STUDIO POLICIES
4.1 STUDIO POLICIES: Instructors are subject to change and classes are subject to cancellation without notice. When possible, an email will be sent communicating the change in the schedule. Subject to any opt-you, You consent to receive notice (email, SMS) from Bloom Pilates pertaining to a class or session which You are registered for. Bloom Pilates is not responsible if You do not read the notices, or if you unsubscribe and do not receive the notifications.
4.2 STUDIO GUESTS: Unattended children and pets are not permitted in the studio.
4.3 MINOR PARTICIPANTS: Clients must be 15-years or older to attend a Bloom Pilates class. Participants under 18-years old must be accompanied into the studio by a parent/legal guardian on their first visit so that the parent/legal guardian can sign a Liability Waiver and this Agreement on behalf of the participant.
4.4 WORKOUT ATTIRE, GRIP SOCKS: All clients are asked to wear workout gear to the session and classes. No jeans or attire with metal accessories or large zippers are allowed on the equipment. For your safety, and to protect the integrity of the equipment all clients are required to wear grip socks during their reformer class.
4.5 RETAIL SALES, GIFT CARDS: All retail purchases are final sale, notwithstanding state law. Gift card sales are also final; however, per state law gift cards do not expire. Bloom Pilates is not responsible for lost or stolen gift cards and will not replace lost or stolen gift cards.
4.6 CODE OF CONDUCT: Bloom Pilates is committed to providing an environment that is free from disrespectful and offensive behavior, and that is safe space for all individuals. Accordingly, harassment, inappropriate, or discriminatory behavior by clients, and/or continued disruptive or incendiary behavior, as determined in the sole discretion of Bloom Pilates, will not be tolerated. Bloom Pilates has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of a training relationship without refund to any client engaging in unacceptable behavior.
4.7 CONTENT RELEASE: You grant Bloom Pilates, its representatives, employees, agents and/or assigns the right to take digital recordation of You and your property while engaging with and/or interacting with Bloom Pilates and/or participating in a Service with Bloom Pilates, and to use and publish these photos or videos in print and/or electronically.
By agreeing to be filmed, photographed, and/or otherwise documented by Bloom Pilates, You, on behalf of yourself, heirs, representatives, executors, and assigns, irrevocably grant Bloom Pilates the absolute and unrestricted right and permission throughout the universe and forever to copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit by any and all uses such content, with or without my name, without compensation, for any lawful purpose, including but not limited to: publicity, illustration, advertising, and web content. You further agree that Bloom Pilates is the lawful owner of all digital files, and accordingly, waive any right that You may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein your likeness appears, or the use of which may be applied.
4.8 SECURITY CAMERA: Bloom Pilates utilizes video surveillance cameras within the studio for the safety and wellbeing of all members, guests, and trainers. In compliance with state laws, cameras are located in common areas where there is no reasonable expectation of privacy, and records video and audio. While the camera’s main purpose is to provide an added level of security, ownership may from time-to-time observe club happenings and events via the camera stream.
4.9 GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this Agreement is governed by the Laws of the State of Florida, United States, and You hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida, United States. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Florida, Broward County, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of Florida, Broward County.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
4.10 FORCE MAJEURE: In the event that any cause beyond one’s reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for Bloom Pilates to perform any responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, Bloom Pilates is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill the responsibilities and obligations.
4.11 EMAIL, SMS COMMUNICATIONS: You understand that You may, from time to time, receive email and/or SMS communications from Bloom Pilates related to the services provided, the Bloom Pilates brand, and your participation in all of the above. By entering into this Agreement, You give Bloom Pilates permission to email You, at the email address on file, or send SMS messages to the phone number on file regarding the same. Standard message rates apply.
V. PERSONAL RESPONSIBILITY, DISCLAIMER & RELEASE OF CLAIMS
5.1 PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK: You acknowledge that You take full responsibility for yourself, and all decisions made before, during and after your participation in the workout with Bloom Pilates. You accept full responsibility for your choices, actions, and results before, during and after the workout and while at the Bloom Pilates studio. You understand that to participate in the workout with Bloom Pilates You must also agree to the terms of the Liability Waiver, signed separately.
5.2 NOISE DISCLAIMERS: You acknowledge and understand that loud music, instructor cues given over a microphone, and participant engagement may contribute to elevated noise levels. While we strive to maintain a safe and enjoyable environment, noise levels may exceed standard conversation levels.
If You have sensitivity to loud noises or any medical conditions that may be affected by high sound levels, we recommend bringing appropriate protective equipment (such as earplugs) or consulting a healthcare professional before participating.
5.3 PRENATAL, PREGNANT, POSTPARTUM DISCLAIMER: In participating in any service with Bloom Pilates pregnant or immediately following a pregnancy, whether knowing or not, You assume all associated risks to yourself, and if applicable, your unborn child and release Bloom Pilates per the terms of this Agreement and section. You acknowledge and agree that participation in any exercise program, while pregnant or immediately following a pregnancy, may increase the risk of injury to yourself, and if applicable, your unborn child. You confirm that You have consulted with your doctor, midwife, or other healthcare provider, regarding your participation in an exercise regimen and the risks that You may encounter; they have given You permission to participate in a Service.
You understand and agree that the intensity of your participation in an exercise program, and the exercises performed, must be determined by You, in consultation with your healthcare provider. Even during any workout series tailored to pregnancy or postpartum, Bloom Pilates is not responsible for the intensity or scale or your participation. You agree to discontinue exercises immediately should your medical condition change (ex: pain, bleeding, discharge, cramps) and speak with your healthcare provider immediately before resuming any exercise.
5.3.1 PREGNANCY POLICIES: You are asked to communicate with your instructor prior to class if You are pre/postnatal or have injuries so that they can instruct You on specific modifications. While the workout can be performed while pregnant, be mindful that the method is core focused and will require extensive modifications to maintain safety; if You chose to attend class You agree that your class experience may be different than others. As You will need to modify your workout while pregnant, Bloom Pilates respectfully requires that You have regularly attended class prior to working out with us in your third trimester. Bloom Pilates cannot accommodate first time clients who are pregnant in their third trimester.
5.4 RELEASE OF LIABILITY, INDEMNIFICATION: You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release Bloom Pilates, in its individual capacity and legal capacity, and each of Bloom Pilates companies’ principles, shareholders, officers, directors, employees, agents, successors, beneficiaries and assigns from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that You ever had, now have or may have against Bloom Pilates in the future that may arise from your participation in the workout.
