Terms of Service and Liability Waiver

1. Parties and Scope

This Agreement is entered into by and between Bodytique, LLC ("Bodytique," "Studio," "we," "us," or "our"), a limited liability company organized under the laws of the State of Florida, and you, the individual registering for or using our Services ("Client" or "you"). This Agreement governs your access to and use of all Services offered by Bodytique, including in-studio hot mat Pilates classes, class packs and drop-in classes, online and in-app class booking, and retail purchases (collectively, "Services").

2. Eligibility

You must be at least eighteen (18) years of age to purchase classes or independently book and attend classes. Individuals between the ages of sixteen (16) and seventeen (17) may participate only with the written consent of a parent or legal guardian, who must sign in-studio and who shall be jointly bound by the terms of this Agreement. Children aged fifteen (15) or under are not permitted to participate in any class under any circumstances.

3. Class Purchases

3.1 Class Packs and Drop-Ins

Bodytique offers class packs and single drop-in classes for purchase. All pricing, inclusions, and expiration terms are as described on our website or as communicated to you at the time of purchase. Bodytique does not offer recurring memberships or subscription plans.

3.2 Accepted Payment Methods

We accept the following forms of payment: Visa, Mastercard, and American Express. The Studio accepts credit and debit cards only and does not accept cash payments. You agree to provide accurate, complete, and current account and payment information for all purchases, and to keep this information — including email address, payment method, and card expiration date — updated as needed. Applicable sales tax will be added, and all prices are stated and charged in U.S. Dollars (USD). You authorize us to charge your selected payment method for all purchases at the current prices. Prices are subject to change, and we reserve the right to correct pricing errors even after a payment has been received. We may refuse or limit any order at our discretion, including limiting quantities per person, household, or order; orders that appear to be placed by dealers, resellers, or distributors may be restricted or prohibited.

3.3 Florida Health Studio Act Compliance

Pursuant to the Florida Health Studio Services Act (Florida Statutes §§ 501.012 et seq.), Bodytique provides the following disclosures in connection with any agreement for studio services, including but not limited to class packs, memberships, packages, or other prepaid or recurring studio offerings (collectively, "Studio Services") with a term of thirty (30) days or longer:

• You have the right to cancel this agreement within three (3) business days after receipt of a copy of this agreement by providing written notice to Bodytique and receive a full refund of all monies paid.
• If Bodytique permanently ceases operations, you are entitled to a pro-rated refund of any prepaid, unused Studio Services.
• If you relocate more than twenty-five (25) miles from any Bodytique location and provide written notice and reasonable proof of relocation, you may cancel this agreement and receive a pro-rated refund for any unused portion of Studio Services.
• A copy of these disclosures will be provided to you at the time of contract execution.

3.4 Cancellation and Refund Policy

Class cancellations made twelve (12) or more hours prior to the scheduled class start time will not result in a deduction from your class pack. Late cancellations (less than twelve (12) hours before class) and no-shows will result in forfeiture of the applicable class credit. All sales of class packs and drop-in classes are final and non-refundable except as required by Florida law or as expressly stated herein.

3.5 No-Shows

A no-show occurs when you do not attend a reserved class and do not cancel within the window described in Section 3.4. In the event of a no-show, the class will still be deducted from your account and the class credit will be forfeited. Repeated no-shows may, at Bodytique's discretion, affect your ability to reserve classes in advance.

3.6 Class Reservations

Class reservations may be made through Bodytique's website, authorized third-party booking platforms (including but not limited to ClassPass), mobile application, or in-studio. Bodytique reserves the right to modify, reschedule, or cancel classes at any time. In the event a class is cancelled by Bodytique, affected clients will receive a class credit to their account.

3.7 Waitlist Policy

If a class is full, you may add yourself to the waitlist through our app or website. To join a waitlist you must hold a valid class credit. If a spot opens and you are promoted from the waitlist, you will be notified by email and/or text, and the class credit will be reserved against your account.

The standard cancellation policy in Section 3.4 applies to any class you are added to from the waitlist. If you are promoted into a class and do not remove yourself before the cancellation deadline, you will lose the class credit, just as with any other reservation. If you no longer want a waitlisted spot, please remove yourself from the waitlist before the cancellation deadline. Waitlist availability is offered on a first-come, first-served basis and we cannot guarantee placement.

3.8 Class Pack Expiration

Unless otherwise specified at the time of purchase or in the applicable offer description, all class packs, single classes, and introductory offers will expire in accordance with the expiration period stated at the time of purchase. Where no expiration period is provided, credits will expire one (1) month from the date of purchase. Expired credits have no cash value and, except as required by Florida law, may not be extended, redeemed, or reinstated.

3.9 Class Pack Location

Class pack credits are valid at the Bodytique - South Miami Studio Location only.

3.10 Retail Returns and Refunds

All sales of Services, including class packs, drop-ins, events, workshops, and teacher trainings, are final and non-refundable. Class credits are non-transferable except that Bodytique may permit limited guest use of class credits at its discretion. Missed classes and unused services are not eligible for a refund, except as required by Florida law or as expressly stated in this Agreement. Unused, unworn merchandise in its original condition may be returned for a full refund within seven (7) days of purchase when accompanied by a valid receipt.

3.11 Introductory Offers

Introductory offers and first-timer promotions are available to new clients only, are limited to one per person, and are non-transferable. Bodytique reserves the right to verify eligibility and to decline or revoke any introductory offer that does not meet these conditions.

3.12 Teacher Trainings, Workshops, and Events

Teacher trainings, workshops, and special events are non-refundable from the time of booking and are non-transferable. Schedules and offerings for these programs may change, and any such change does not constitute grounds for a refund.

3.13 Pricing and Fee Changes

Prices for classes, class packs, retail items, and other offerings are subject to change at any time. We may, from time to time, make changes to our pricing and will communicate any changes to you in accordance with applicable law. Our schedule and class offerings may also change at any time, and such changes do not constitute grounds for a refund.

4. Studio Policies and Code of Conduct

4.1 General Studio Rules

• Please arrive at least ten (10) minutes before class to allow for check-in and setup.
• Heated class formats are conducted in a studio environment using infrared heating panels set between approximately 90°F and 101°F. Participation in heated classes requires proper hydration, and clients are responsible for ensuring adequate hydration before, during, and after class.
• Scented products, including perfumes and heavily fragranced lotions, are discouraged as a courtesy to other Clients.
• Personal belongings are not the responsibility of Bodytique. We are not liable for loss, theft, or damage to any personal property on studio premises.

4.2 Late Arrival and Entry Policy

• For the safety of all participants and to maintain class flow, first-time clients will not be admitted to any class after it has started.
• Clients are expected to arrive on time for all classes. A client's reserved spot may be released to a waitlisted client if the client has not checked in by five (5) minutes after the scheduled start time.
• If a waitlist is present, late arrivals beyond the five (5) minute grace period may be denied entry, and the spot will be forfeited.
• If no waitlist is present, clients arriving up to ten (10) minutes after the scheduled start time may be permitted entry at Bodytique's discretion. Entry will not be permitted after ten (10) minutes under any circumstances.

4.3 Equipment, Mats, and Studio Etiquette

• Clients are required to wear appropriate, comfortable athletic attire. Grip socks are strongly recommended for safety and hygiene; however, clients may participate without them at their own discretion. By attending class, clients acknowledge and assume responsibility for their choice of attire and any associated risk.
• Mats and towels may be available to rent or borrow at the studio; please ask the front desk regarding availability and any applicable fee.
• Clients are asked to wipe down and clean their equipment and station after each class.
• Bring a water bottle; refill stations are available on-site, and water is also available for purchase in-studio.

4.4 Code of Conduct

Clients are expected to treat all staff, instructors, and fellow Clients with respect and courtesy. Bodytique maintains a zero-tolerance policy with respect to abusive, threatening, discriminatory, or otherwise inappropriate behavior. Violation of this policy may result in immediate suspension or permanent termination of access to the Studio and its Services without refund, at the sole discretion of Bodytique management.

4.5 Reporting Inappropriate Conduct

Bodytique does not condone any unwelcome, inappropriate, or offensive behavior by staff or clients. If you experience or witness such conduct during any Bodytique class or event, you are encouraged to address it directly with the person involved if you are comfortable doing so, and to notify management at [email protected]. When reporting, please include as much detail as possible — the date, time, location (studio or virtual), names of any witnesses, and a description of the incident. Bodytique will conduct a fair investigation and provide due process for all parties involved. We strive to maintain confidentiality throughout the process; however, in some cases disclosure of certain details may be necessary, and confidentiality cannot be fully guaranteed.

5. Health, Pregnancy, and Heat Sensitivity

By attending any Bodytique class, you represent and warrant that you are in good physical health and have no known medical condition, injury, or disability that would prevent your safe participation; that you have consulted a licensed healthcare provider before beginning any new exercise program if you have or suspect any underlying health condition; and that you will immediately cease participation and notify an instructor or staff member if you feel pain, discomfort, dizziness, shortness of breath, or any other adverse symptom during class.

Injury, pregnancy, postpartum, and sensitivities. If you are recovering from an injury, recently postpartum, or have physical or sensory sensitivities, please inform your instructor before the start of class. Because many of our classes are conducted in a heated environment, expecting mothers are not permitted to participate in any heated class format. Clients who are sensitive to heat or who have any health condition that may affect safe participation should consult their healthcare provider before attending and are encouraged to speak with management about any available non-heated or private 1:1 alternatives.

6. Photography, Video, and Recording

Clients may not photograph, film, or otherwise record any class, instructor, or fellow Client without the express consent of all individuals depicted and the prior written authorization of Bodytique management. Bodytique may photograph or film classes for marketing and promotional purposes; Clients who do not wish to appear in such content should notify the front desk prior to class.

7. Assumption of Risk and Liability Waiver

7.1 Acknowledgment of Inherent Risks

Physical exercise, including hot mat Pilates conducted in a heated environment, involves inherent risks of injury, illness, or in extreme cases, death. These risks include, without limitation:

• Musculoskeletal injuries such as strains, sprains, and fractures
• Cardiovascular events including elevated heart rate and dizziness
• Heat-related illness, including heat exhaustion and heat stroke, arising from participation in a heated studio environment
• Slipping or falling on studio surfaces
• Contact with equipment, studio property, or other participants

By participating in Bodytique classes, you voluntarily assume all such inherent risks, whether arising from the ordinary negligence of Bodytique, its instructors, employees, or agents, or otherwise.

You understand that classes are conducted in elevated temperatures and that the studio is heated using infrared technology. You accept and assume all risks of injury or illness arising from the heated environment. You affirm that you are at least eighteen (18) years old and have read and understood this release of liability, or, if you are between sixteen (16) and seventeen (17), that a parent or legal guardian has provided written consent and is jointly bound by this Agreement.

7.2 Release of Liability

This release does not apply to claims arising from the gross negligence or intentional misconduct of the Released Parties.

7.3 Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your violation of this Agreement, your misrepresentation regarding your health or fitness to participate, or your conduct at the Studio.

7.4 Limitation of Liability

8. Third-Party Booking Platforms

Bodytique may make classes available for booking through authorized third-party platforms, including but not limited to ClassPass. If you book a class through a third-party platform, the cancellation and no-show policies of that platform may apply in addition to or in lieu of Bodytique's policies. Bodytique is not responsible for any fees, penalties, or credits assessed by third-party platforms. All studio policies, including the Code of Conduct and health requirements, apply regardless of how a reservation was made.

9. Intellectual Property

All content associated with Bodytique, including but not limited to branding, logos, class formats, instructional materials, website content, and marketing materials, is the exclusive intellectual property of Bodytique, LLC and is protected under applicable copyright and trademark laws. Clients may not reproduce, distribute, publicly display, or create derivative works based upon any Bodytique content without prior written permission.

10. Privacy Policy

Your use of Bodytique's Services is also governed by our Privacy Policy, which is incorporated by reference into this Agreement and available on our website. By agreeing to these Terms, you also consent to the data practices described in our Privacy Policy.

11. SMS / Text Message Program

11.1 Program Description

By opting in, you agree to receive recurring automated text messages from Bodytique, LLC ("we," "us," "our") at the mobile number you provided. Messages may include class reminders, booking and waitlist updates, account alerts, promotional offers, and customer support follow-ups. Consent to receive these messages is not a condition of any purchase.

11.2 Message Frequency

You may receive up to [X] messages per [week/month]. Message frequency may vary depending on your activity and interactions with us.

11.3 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.

11.4 How to Opt Out and Get Help

You can unsubscribe from 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 [email protected] or [SUPPORT PHONE NUMBER].

11.5 Carrier Liability Disclaimer

Carriers are not liable for any delayed or undelivered messages.

Link to Privacy Policy: [INSERT PRIVACY POLICY URL]

12. Modifications to Terms

Bodytique reserves the right to amend this Agreement at any time. Updated Terms will be posted on our website and, where material changes are made, communicated to Clients via email. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the revised Agreement.

13. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising from or relating to this Agreement or your use of the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida. You hereby irrevocably consent to personal jurisdiction in such courts.

14. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, in accordance with the intent of the parties as expressed in this Agreement.

15. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Bodytique with respect to your use of the Services and supersedes all prior or contemporaneous agreements, representations, and understandings, whether written or oral, relating to the subject matter hereof.

16. Contact Information

For questions regarding these Terms of Service in connection with our Services, website, or mobile apps, please reach out to us at: