Terms and Conditions

TERMS AND CONDITIONS

Effective Date: December 1, 2020

This Terms and Conditions of Use Agreement (the “Agreement”) is between you and Functional Flow Pilates, Inc. (“Functional Flow Pilates”). The Functional Flow Pilates brand is comprised of websites, associated widgets, livestreams, social media accounts, mobile applications and other distribution platforms (the “Sites”) operated by Functional Flow Pilates.

ACCEPTANCEOFTERMS: TheSitesareofferedtoyouconditionedonyouracceptancewithout modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such terms, conditions, and notices.

PERSONAL SERVICE: The services provided by the Sites (the “Services”) are made available for your personal, non-commercial use only. You may not use the Services to sell a product or service or to increase traffic to your business for commercial reasons, such as advertising sales. If you want to make commercial use of our Services, you must enter into an agreement and do so in advance. Please contact us for more information.

PAYMENTS:Paymentsmadeon the Sites are processed by BookWhen. While BookWhen allows you to create an account, it does not require you to store a credit card. Accordingly, Functional Flow Pilates requires that all clients must either have an existing session or package, or purchase a session or package to secure a session reservation. Sessions are not considered reserved until paid in full, at which point an email receipt confirming the same will be sent to you. Functional Flow Pilates will not ‘auto bill’ your credit card, and is not authorized to make incidental charges against your credit card .

REFUND OF PURCHASES: Due to the nature of the offerings, no refunds will be given for any purchase on the Sites unless explicitly indicated that there is a refund policy. In this instance, the refund policy will be clearly stated when purchasing.

USEOFTHESERVICE:Youunderstand that physicalexercisecanbe strenuous andcanexpose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily assume any and all risks, known or unknown, associated with your use of the Service (collectively “Your Participation”). You acknowledge that Your Participation may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (defined below).

Notwithstanding the foregoing, you hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in anyway associated with Your Participation, including those described in the Liability Waiver, Agreement to Participate and

CANCELLATION POLICY: Sessions may be cancelled without penalty by cancelling up to 24

hours prior to the session start time. This may be done online in your BookWhen account, or via the confirmation email sent at the time of booking. Cancellations must be made online. If the cancellation is made within the 24-hr window prior to your session, or if you do not show up to the scheduled session, the session credit will be forfeited, and/or you will be charged the full amount

of the session. Cancellations via Facebook messenger, Instagram or other social media are not valid and the you will forfeit your session credit.

Assumption of Risk. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk.

RELEASE: You expressly agree to release and discharge the instructor and Functional Flow Pilates and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties”) from all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.

MODIFICATION OF THESE TERMS OF USE: Functional Flow Pilates reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Services.

REGISTRATION INFORMATION: The Sites are not directed at children under eighteen years of age. By providing information about yourself to Functional Flow Pilates you are representing that you are eighteen years of age or older, or have a parent/guardian’s approval and supervision, and that you, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

You also agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Sites; and (2) maintain and promptly update your information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Functional Flow Pilates reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.

HOSTING PLATFORM: Functional Flow Pilates is hosted on SquareSpace and BookWhen, which are responsible for all login/account information and payment transactions. In the event of technical issues with your account, Functional Flow Pilates refers you to the respective customer service as Functional Flow Pilates does not have access to your account details on the individual sites.

If you would like more information regarding SquareSpace or BookWhen’s Privacy Policy and Terms or Service, and how they each collect and store information, we encourage you to visit their individual websites, linked above.

PRIVACY POLICY: Functional Flow Pilates respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

LINKS TO THIRD PARTY WEBSITES: The Sites may contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of Functional Flow Pilates, and Functional Flow Pilates is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Functional Flow Pilates is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Functional Flow Pilates of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE: As a condition of your use of the Sites, you warrant to Functional Flow Pilates that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from Functional Flow Pilates. Similarly, you are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.

COPYRIGHTED CONSENT: The Sites contain copyrighted material owned by Functional Flow Pilates and protected under United States copyright laws, including the Copyright Act of 1976. Any reproduction or unauthorized use shall constitute infringement. Duplicating, recording, modifying, republishing, uploading, posting, distributing, or otherwise sharing materials or information obtained through the Sites is considered stealing and Functional Flow Pilates may prosecute such misconduct to the fullest extent permitted by law.

TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by Functional Flow Pilates or a use right has been granted to Functional Flow Pilates. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or as a result of your use of the Sites or Services. Without the prior permission of Functional Flow Pilates, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.

MATERIALS PROVIDED TO FUNCTIONAL FLOW PILATES OR POSTED ON THE SITES: Functional Flow Pilates does not claim ownership of the materials you provide to Functional Flow Pilates (including feedback, comments, and suggestions) or post, upload, input or submit to the Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Functional Flow Pilates permission to use your Submission in connection with the operation of their business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Functional Flow Pilates is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Functional Flow Pilates.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY OF DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FUNCTIONAL FLOW PILATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.

FUNCTIONAL FLOW PILATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FUNCTIONAL FLOW PILATES DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FUNCTIONAL FLOW PILATES FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUNCTIONAL FLOW PILATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THESITES,OROTHERWISEARISINGOUTOFTHEUSEOFTHESITES,WHETHERBASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FUNCTIONAL FLOW PILATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

TERMINATION AND ACCESS RESTRICTION: Functional Flow Pilates reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.

GENERAL: To the maximum extent permitted by law, this agreement is governed by the Laws of the State of Texas, United States, and you hereby consent to the exclusive jurisdiction and venue of courts in Travis, Texas, United States. In all disputes arising out of or relating to the use of the Sites. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Texas, County of Travis, before one arbitrator with no less than 10 years of active litigation practice. 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 Texas, in the County of Travis.

Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Functional Flow Pilates as a result of this agreement or use of the Sites. Functional Flow Pilates

performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Functional Flow Pilates right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Functional Flow Pilates with respect to such use.

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.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Functional Flow Pilates with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Functional Flow Pilates with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of Functional Flow Pilates and its affiliates, successors or assigns.

CONT ACT:
Christa Ordonez

christa.ordonez@functionalflowpilates.com