STUDIO TERMS &
LIABILITY WAIVER PREVIEW

SERVICES AGREEMENT & LIABILITY WAIVER

Graduate Pilates, LLC d/b/a Graduate Pilates
3250 Dickerson Pike, Suite 003
Nashville, TN 37207
help@graduatepilates.com

LOCATIONS

Graduate Pilates, LLC currently operates at 3250 Dickerson Pike, Suite 003, Nashville, TN 37207. This Agreement also applies to any future Graduate Pilates locations, pop-up or temporary locations, virtual instruction, and digital content or services.

SERVICES & SCHEDULING

Graduate Pilates, LLC provides:

• Group fitness classes and instruction,

• Private fitness lessons and instruction,

• Virtual instruction,

• Digital educational content,

• Retail products.

All services are subject to scheduling and availability. Class formats, instructors, pricing, schedules, and services may change at any time.

Memberships and class purchases are for services provided by Graduate Pilates, LLC and are not tied to any specific instructor or vendor.

Graduate Pilates, LLC reserves the right to modify or discontinue equipment, services, schedules, or offerings at any time.

HEALTH & SAFETY ACKNOWLEDGMENT

You acknowledge that participation in physical exercise and fitness activities involves inherent risks, including the risk of serious injury, illness, property damage, or death.

You confirm that:

• You are physically able to participate,

• You have consulted a physician if necessary,

• You will inform instructors of any injuries, medical conditions, limitations, or restrictions before participating, every time,

• You will stop participating if you feel unsafe or experience pain, dizziness, or discomfort.

• You will not participate if you feel unsafe or suspect your instruction lacks competence.

• You will inform Graduate Pilates LLC immediately if you have injured yourself as a result of participation in any its services or onsite and agree to complete an incident form.

Graduate Pilates, LLC employees are not medical professionals and may not provide medical advice, diagnosis, or treatment.

You understand that Pilates and fitness instruction are not licensed professions in Tennessee and instructor education and certifications may vary.

SELF-PRACTICE, DIGITAL CONTENT & VIRTUAL SERVICES

Participation in virtual classes, digital content, or self-guided exercise involves additional risks because an instructor may not be physically present.

You assume full responsibility for ensuring that your environment and equipment are safe during participation.

If you participate in self-practice and/or use digital content without direct instruction, you do so entirely at your own risk.

EQUIPMENT & FACILITY USE

You agree to use all equipment and facilities safely and as instructed.

You are financially responsible for damage caused by negligent, reckless, or improper use of studio equipment, facilities, or property. Graduate Pilates, LLC may charge you for the reasonable cost of repair or replacement.

Use of the facility or equipment without a scheduled class, appointment, or explicit permission is prohibited.

Graduate Pilates, LLC reserves the right to refuse or revoke access to the facility or services at its discretion.

You may not use any instructors who are not designated or approved by Graduate Pilates LLC.

You may not provide instruction to any other members.

You agree to not take instruction from anyone other than Graduate Pilates LLC employees or approved representatives.

CLAIMS & WARRANTIES

You understand that physical fitness and wellness is the direct result of many factors, and Graduate Pilates makes no claims or warranties, express or implied, including warranties for a particular purpose or goal.

RELEASE OF LIABILITY

To the fullest extent permitted by law, you voluntarily assume all risks associated with participation in Graduate Pilates LLC services and use of its facilities.

You release and hold harmless Graduate Pilates, LLC, including its owners, employees, contractors, instructors, affiliates, and representatives, from any claims, demands, damages, liabilities, or causes of action arising from:

• Personal injury,

• Illness,

• Death,

• Property damage,

• Losses resulting from participation in services or use of facilities,

including claims arising from ordinary negligence.

This release applies to in-person services, virtual instruction, self-practice, digital content, and use of studio equipment or facilities.

You further agree to indemnify and defend Graduate Pilates, LLC against claims arising from your actions, negligence, or misuse of facilities or equipment.

PERSONAL PROPERTY

Graduate Pilates, LLC is not responsible for lost, stolen, or damaged personal property.

VIDEO SURVEILLANCE & MEDIA

The facility may be monitored by video surveillance for security, safety, and operational purposes.

You understand that you may appear in photographs or video recordings taken on the premises.

Unauthorized filming or photography by members or guests is prohibited without prior approval.

You understand and acknowledge that you may be photographed, recorded, or filmed while on the premises or participating in any Graduate Pilates, LLC service, and that, except within designated restrooms, you should not expect personal privacy while on site.

You further acknowledge and agree that photographs, video recordings, or other media captured during Graduate Pilates, LLC services or events at any location may be used, reproduced, edited, published, displayed, or distributed by Graduate Pilates, LLC for marketing, advertising, promotional, educational, social media, or other business purposes without compensation or additional consent.

If you do not wish to appear in marketing materials, you must notify Graduate Pilates, LLC in writing before participating in services or events where photography or filming may occur.

MINORS

Children are not permitted in the studio unless enrolled in services or expressly authorized.

Participants under 18 years old must have a parent or legal guardian sign all required waivers and agreements.

Participants under 16 must be supervised by a legal guardian unless otherwise approved.

POLICIES

You are subject to Graduate Pilates, LLC policies, including scheduling, cancellation, conduct, and safety policies, which may be updated from time to time.

Current policies are available at graduatepilates.com/policies.

COMMUNICATIONS CONSENT

You consent to receive communications from Graduate Pilates, LLC by email, phone call, or SMS regarding your account, billing, scheduling, or services.

You are responsible for maintaining current contact information. You are free to opt out of communications at any time but acknowledge the risk of missing important communications.

DISPUTE RESOLUTION

Except for personal injury claims or matters eligible for small claims court, disputes arising under this Agreement shall first be addressed through informal resolution efforts and then non-binding mediation.

If unresolved, disputes shall be resolved through binding arbitration conducted in Tennessee under the rules of the American Arbitration Association.

You waive the right to a jury trial and agree that claims may only be brought individually, not as part of a class action.

You may opt out of this arbitration provision by sending written notice via certified mail within 90 days of signing this Agreement.

LIMITED LIABILITY

To the extent allowed by law, if either party is found legally responsible for damages, recovery will be limited to direct, actual damages only. Neither party may recover indirect, special, incidental, or consequential damages, even if the possibility of those damages was discussed or foreseeable.

GOVERNING LAW

This Agreement shall be governed by the laws of the State of Tennessee.

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

Graduate Pilates, LLC operates on a schedule or hourly basis for the purpose of teaching or participating in physical fitness activities and services, and that Graduate Pilates LLC is not a “Health Club” under the Tennessee State Law (TCA SECTION 47-18-301.)

RECURRING MEMBERSHIP TERMS

By enrolling in a recurring membership, you agree to the following:

• Membership dues are automatically charged every 30 days or 6 months, depending on membership chosen.

• Your membership continues until canceled in accordance with this Agreement.

• Cancellation requires at least 30 days’ written notice before your next billing date.

• Membership upgrades or downgrades require at least 7 days’ notice before your next billing date.

• Membership fees are non-prorated.

• Membership credits expire monthly.

• Certain memberships may include a grace period before unused credits expire.

• Your membership rate is guaranteed for a minimum of 12 months as long as your membership remains active and in good standing.

• Graduate Pilates, LLC and/or its third-party billing processor are authorized to charge your payment method for all dues, fees, and authorized purchases.

• Participation in any Graduate Pilates service requires a signed liability waiver.

• Recurring membership credits are non-transferable and non-refundable unless otherwise stated in this agreement or in the terms noted at purchase.

BILLING & AUTO-DRAFT AUTHORIZATION

Your membership begins on the date this Agreement is signed. Payment is due immediately and will continue to auto-draft every 30 days or 6 months following activation relative to the membership term elected.

You authorize Graduate Pilates, LLC to charge your designated payment method, including ACH, EFT, debit card, or credit card, for all membership dues, fees, retail purchases, late fees, and other authorized charges.

Charges may appear under a different descriptor depending on the payment processor used.

You are responsible for maintaining accurate billing and contact information. To update your information, contact help@graduatepilates.com for instructions. Do not send sensitive payment information by email.

Per Tennessee Sales Tax, no sales tax is due on your membership dues. If tax law changes, Graduate Pilates, LLC has the authority under this agreement to apply any and all applicable local, state, and federal taxes to your membership fees. Sales tax is applicable on all other goods and will be applied in accordance with the law.

LATE PAYMENTS & DEFAULT

A $25 returned payment fee will apply to any declined or charged-back transaction.

If your balance remains unpaid for more than 10 days after your billing date:

• Your membership may be suspended,

• Access to classes and services may be denied,

• You may not purchase additional services until the balance is paid in full.

MEMBERSHIP CHANGES & CANCELLATION

You may cancel your membership by emailing help@graduatepilates.com (or in app as applicable) at least 30 days before your next billing date.

Verbal cancellation requests, including in-person conversations, are not valid.

No refunds nor proration will be issued for late cancellation requests or unused services.

If you provide a physician’s note stating that participation is medically unsafe, Graduate Pilates, LLC may terminate your membership immediately and issue a prorated refund where applicable.

Graduate Pilates, LLC reserves the right to terminate any membership at its discretion. If Graduate Pilates LLC terminates your membership without cause, any prepaid unused dues will be refunded on a prorated basis.

NON-RECURRING CREDIT PURCHASE TERMS

By purchasing individual credits or credit packages, you agree to the following:

• Graduate Pilates, LLC and/or its third-party billing processor are authorized to charge your payment method for all dues, fees, and authorized purchases.

• Participation in any Graduate Pilates service requires a signed liability waiver.

• Individual purchased credits and credit packages are transferable.

• Individual purchased credits and credit packages non-refundable.

• Individual purchased credits and credit packages have a 6-month expiration from activation date unless otherwise stated in this agreement or in the terms noted at purchase.

NON-RECURRING CREDIT PURCHASE AUTHORIZATION

Payment is due immediately at time of purchase.

You authorize Graduate Pilates, LLC to charge your designated payment method, including ACH, EFT, debit card, or credit card, for the total due for the individual credits or package. You authorize Graduate Pilates LLC to keep your payment method on file for future authorized purchases.

Charges may appear under a different descriptor depending on the payment processor used.

You are responsible for maintaining accurate billing and contact information. To update your information, contact help@graduatepilates.com for instructions. Do not send sensitive payment information by email.

Per Tennessee Sales Tax, no sales tax is due on your class credits. If tax law changes, Graduate Pilates, LLC has the authority under this agreement to apply any and all applicable local, state, and federal taxes to your membership fees. Sales tax is applicable on all other goods and will be applied in accordance with the law.

LATE PAYMENTS & DEFAULT

A $25 returned payment fee will apply to any declined or charge-backed transaction.

If your balance remains unpaid for more than 10 days after your billing date:

• Your membership may be suspended,

• Access to classes and services may be denied,

• You may not purchase additional services until the balance is paid in full.

NON-RECURRING CREDIT RETURNS AND TRANSFER POLICY

No refunds will be issued for unused credits. Individual credit purchases and packages are transferable.

If you provide a physician’s note stating that participation is medically unsafe, Graduate Pilates, LLC may terminate your services immediately and issue a refund for unused credits.

Graduate Pilates, LLC reserves the right to terminate services at its discretion. If Graduate Pilates LLC terminates your services without cause, any prepaid unused credits will be refunded.

RETAIL GOODS PURCHASE AUTHORIZATION

Payment is due immediately at time of purchase.

You authorize Graduate Pilates, LLC to charge your designated payment method, including ACH, EFT, debit card, or credit card, for the total due for retail goods. You authorize Graduate Pilates LLC to keep your payment method on file for future authorized purchases.

Charges may appear under a different descriptor depending on the payment processor used.

You are responsible for maintaining accurate billing and contact information. To update your information, contact help@graduatepilates.com for instructions. Do not send sensitive payment information by email.

Sales tax is applicable on all retail goods and will be applied in accordance with the law.

CHARGEBACKS

A $25 returned payment fee will apply to the returned transaction.

If your balance remains unpaid for more than 10 days after your billing date:

• Your membership may be suspended,

• Access to classes and services may be denied,

• You may not purchase additional services until the balance is paid in full.

RETAIL PURCHASES RETURNS POLICY

All sales are final on socks, undergarments, and food/beverages.

All other items returned in unused/new condition can be returned for a full refund to original payment within 60 days of purchase with proof of purchase.

All other items returned in unused/new condition can be returned for studio credit to within 120 days of purchase with proof of purchase.

Any defective items can be returned for a full refund to original payment within 90 days of purchase with proof of purchase. .

Any defective items can be returned for studio credit within 180 days of purchase with proof of purchase.

UPDATES TO TERMS

Graduate Pilates, LLC reserves the right to update or modify the terms of this Agreement at any time with reasonable written notice to members. If you do not agree to the updated terms, you may cancel your membership without penalty before the changes take effect.

ELECTRONIC SIGNATURES

Electronic signatures and electronic acceptance of this Agreement are legally binding and equivalent to handwritten signatures.

By selecting “I Agree,” “I Consent,” or a similar acknowledgment, you confirm that you have read, understood, and agreed to the terms of this Agreement.

MINOR PARTICIPANT ADDENDUM & PARENTAL CONSENT

This Addendum applies to any participant under the age of eighteen (18) participating in services provided by Graduate Pilates, LLC.

By signing, the parent or legal guardian acknowledges and agrees to the following:

• The parent or legal guardian consents to the minor’s participation in classes, training sessions, use of equipment, virtual instruction, and any other services provided by Graduate Pilates, LLC.

• The parent or legal guardian represents that they have the legal authority to sign on behalf of the minor participant.

• The parent or legal guardian understands that participation in physical fitness activities involves inherent risks, including the risk of injury, illness, property damage, or death, and voluntarily accepts and assumes those risks on behalf of the minor.

• The parent or legal guardian agrees to all terms of the Graduate Pilates, LLC Membership Agreement and Liability Waiver on behalf of the minor participant, including the release of liability and indemnification provisions.

• The parent or legal guardian agrees to ensure that the minor follows all studio rules, safety instructions, and staff directions while participating in services or using the facility.

• The parent or legal guardian agrees to inform Graduate Pilates, LLC of any medical conditions, injuries, physical limitations, allergies, or other health concerns that may affect the minor’s ability to safely participate.

• Graduate Pilates, LLC reserves the right to refuse participation or remove a minor from services or the facility if staff determine participation may be unsafe or disruptive.

• Minors under the age of sixteen (16) must be supervised by a parent or legal guardian unless otherwise expressly approved by Graduate Pilates, LLC.

• The parent or legal guardian authorizes Graduate Pilates, LLC to seek emergency medical care for the minor if necessary when the parent or emergency contact cannot be reached. The parent or legal guardian accepts full responsibility for any resulting medical expenses.

• This Addendum remains in effect for as long as the minor participates in services provided by Graduate Pilates, LLC unless revoked in writing by the parent or legal guardian.

ELECTRONIC SIGNATURES

Electronic signatures and electronic acceptance of this Agreement are legally binding and equivalent to handwritten signatures.

By selecting “I Agree,” “I Consent,” or a similar acknowledgment, you confirm that you have read, understood, and agreed to the terms of this Agreement

GRADUATE PILATES LLC STUDIO TERMS & LIABILITY WAIVER