Terms & Conditions

Welcome to Thryve Pilates Studio LLC (doing business as "Thryve Pilates Studio," "we," "us," or "our"). These comprehensive Terms and Conditions, along with our Privacy Policy (collectively, the "Agreement"), govern your access to and use of our services, including our physical studio location at 1 Curtiss Pkwy Unit 15, Miami Springs, FL 33166 (the "Location") and our website, mobile applications, and booking platforms (collectively, the "Site").

By purchasing a membership, booking a class, visiting the Location, or using the Site (collectively, the "Services"), you explicitly agree to be bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, you may not access or use the Services.

1. Eligibility, Account Registration, and Security

A. Eligibility Requirements

To use our Services, you must be at least 18 years of age, or have the express, written consent of a parent or legal guardian. By using the Services, you represent and warrant that you meet these eligibility requirements, that you have the right, authority, and capacity to enter into this Agreement, and that you will abide by all of its terms and conditions.

B. Account Registration

You may be required to register for an account to access certain features of the Site, such as booking classes, purchasing memberships, or updating your profile. When registering, you agree to provide accurate, current, and complete information about yourself as prompted by our registration forms. You are solely responsible for maintaining the confidentiality of your account credentials (including your username and password) and for all activities that occur under your account.

C. Account Security

You agree to notify us immediately at info@thryvepilates.com of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account information. We reserve the right to suspend or terminate your account if we suspect that any information provided during registration is inaccurate, outdated, or incomplete, or if you have violated any provision of this Agreement.

2. Comprehensive Health and Safety Acknowledgment

Pilates, fitness classes, and the use of specialized studio equipment involve strenuous physical exertion and inherent risks of physical injury. By participating in our classes or using our equipment, you explicitly acknowledge, understand, and agree that:

• Physical Condition: You are in good physical condition, possess adequate physical strength and stamina, and have no medical reason, condition, or impairment that might prevent you from safely participating in our Services.
• Medical Clearance: You have consulted with a licensed physician prior to engaging in any new physical activity, fitness program, or the Services provided by Thryve Pilates Studio, and you have received medical clearance to participate.
• Following Instructions: You will strictly follow all instructions, guidelines, and safety rules provided by our instructors, trainers, and staff at all times. You will not use any equipment until you have been properly instructed on its safe use.
• Self-Monitoring: You are responsible for monitoring your own physical condition throughout your participation in the Services. If you experience any pain, discomfort, dizziness, or shortness of breath, you must immediately stop participating and inform an instructor or staff member.
• Inherent Risks: You fully understand that Pilates and related fitness activities involve inherent risks, including but not limited to muscle strains, sprains, joint injuries, cardiovascular issues, slip-and-fall accidents, equipment malfunction, and the potential for severe bodily injury or death.

3. Assumption of Risk, Waiver, and Release of Liability

In consideration of being permitted to participate in the Services provided by Thryve Pilates Studio LLC, you, on behalf of yourself, your spouse, your heirs, personal representatives, executors, administrators, and assigns, hereby explicitly and unconditionally agree to the following:

A. Express Assumption of Risk

You understand that Pilates, fitness classes, and the use of studio equipment involve inherent risks of injury, illness, damage, or loss. You voluntarily, knowingly, and freely assume full responsibility for any and all risks of injury, illness, damage, or loss that you may sustain as a result of your participation in the Services, whether caused by the ordinary negligence of Thryve Pilates Studio LLC, its owners, members, managers, employees, agents, independent contractors, or otherwise.

B. Complete Release of Liability

You hereby forever release, waive, discharge, and covenant not to sue Thryve Pilates Studio LLC, its owners, officers, directors, members, managers, employees, instructors, trainers, agents, independent contractors, affiliates, successors, and assigns (collectively, the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by you, or to any property belonging to you, while participating in the Services or while in, on, or upon the Location.

THIS RELEASE INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. This release does not apply to claims arising from the gross negligence or willful, wanton, or intentional misconduct of the Released Parties.

C. Broad Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including reasonable attorney's fees and court costs at the trial and appellate levels) arising either directly or indirectly from or related to:

1. Any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to your use of the Services;
2. Your breach or violation of any term, condition, or representation in this Agreement;
3. Your violation of any applicable law, rule, or regulation;
4. Your negligence, recklessness, or intentional misconduct.

4. Membership, Payments, Cancellation, and Florida Law Compliance

A. Florida Health Studio Act Compliance (Statutes § 501.017)

In accordance with the Florida Health Studio Act (Florida Statutes § 501.017), the following mandatory provisions apply to all contracts for future health studio services:

• Penalty-Free Cancellation: You may cancel your contract without penalty within three (3) days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to Thryve Pilates Studio at 1 Curtiss Pkwy Unit 15, Miami Springs, FL 33166. You will receive a refund of all moneys paid under the contract within 30 days after receipt of the notice of cancellation made within the 3-day provision.
• Death or Disability: You may cancel the contract if you die or become physically unable to avail yourself of a substantial portion of those services which you used from the commencement of the contract until the time of disability. You or your estate must provide proof of disability by a licensed physician. A prorated refund will be issued within 30 days after receipt of the notice of cancellation.
• Business Closure or Relocation: You may cancel the contract and receive a prorated refund if Thryve Pilates Studio goes out of business or moves its facilities more than 5 driving miles from the business location designated in the contract and fails to provide, within 30 days, a facility of equal quality located within 5 driving miles at no additional cost to you. A refund shall be issued within 30 days after receipt of the notice of cancellation.

B. Payment Terms and Authorization

All payments for memberships, class packages, drop-in sessions, retail items, and other Services must be made in advance. By providing your payment information, you explicitly authorize Thryve Pilates Studio LLC (and our designated third-party payment processors) to charge your selected payment method for the fees, taxes, and charges associated with your chosen Services. You represent and warrant that you have the legal right to use the payment method provided.

C. Non-Refundable Policy

Except as expressly provided in Section 4(A) (Florida Health Studio Act Compliance) or as strictly required by applicable law, all sales are final, non-refundable, and non-transferable. This includes, but is not limited to, memberships, class packages, drop-in fees, retail purchases, and late cancellation/no-show fees.

D. Class Cancellation and No-Show Policy

We enforce a strict class cancellation policy to ensure fair access for all clients. You must cancel your booking at least 12 hours prior to the scheduled class time to avoid a penalty.

• Late Cancellations: Canceling within the 12-hour window will result in the forfeiture of the class credit (for package holders) or a late cancellation fee charged to your account (for unlimited members).
• No-Shows: Failing to attend a booked class without prior cancellation will result in the forfeiture of the class credit and may incur an additional no-show fee charged to your account. We reserve the right to modify these fees and windows at our sole discretion.

5. Studio Rules, Conduct, and Right to Refuse Service

To ensure a safe, respectful, and welcoming environment for all clients and staff, you agree to strictly abide by the following rules:

• Punctuality: Arrive on time for classes. For your safety and to avoid disrupting others, late arrivals (more than 5 minutes after class begins) may be denied entry, and the class will be forfeited.
• Attire: Wear appropriate, clean athletic attire. Grip socks are strictly required for all equipment-based Pilates classes for hygiene and safety reasons.
• Respect: Treat instructors, staff, and fellow clients with courtesy and respect. Discriminatory, harassing, threatening, or abusive behavior will not be tolerated.
• Distractions: Refrain from using mobile phones, smartwatches, or other disruptive devices during class. Please silence all devices before entering the studio.
• Hygiene: Wipe down all equipment and mats thoroughly after use using the provided cleaning supplies.
• Personal Belongings: Thryve Pilates Studio LLC is not responsible for lost, stolen, or damaged personal property. Please leave valuables at home or secure them appropriately.

Right to Refuse Service: We reserve the absolute right to refuse service, suspend, or terminate your membership, class packages, or access to the Services at any time, with or without cause, and without refund, if we determine, in our sole discretion, that you have violated these rules, engaged in disruptive, abusive, or dangerous behavior, or if your continued participation poses a risk to yourself, our staff, or other clients.

6. Comprehensive Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

7. Dispute Resolution, Governing Law, and Arbitration

A. Governing Law and Exclusive Venue

This Agreement, and any dispute, claim, or controversy arising out of or relating to it or the Services, shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

Subject to the mandatory arbitration provision below, any legal action or proceeding arising under this Agreement that is not subject to arbitration will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida. You and Thryve Pilates Studio LLC hereby irrevocably consent to the exclusive personal jurisdiction and venue of such courts and waive any objections to such jurisdiction or venue, including any defense of forum non conveniens.

B. Mandatory Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Miami-Dade County, Florida, before a single, neutral arbitrator.

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Arbitrator's Award may be entered in any court having competent jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties shall share the costs of the arbitration equally, subject to the arbitrator's discretion to award costs to the prevailing party.

C. Class Action Waiver

YOU AND THRYVE PILATES STUDIO LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

D. Attorney's Fees and Costs

In the event that Thryve Pilates Studio LLC employs attorneys to enforce any rights arising out of or relating to this Agreement, or to defend against any claims brought by you, if Thryve Pilates Studio LLC is the prevailing party, it shall be entitled to recover its reasonable attorneys' fees, court costs, and arbitration costs at all trial and appellate levels.

8. Severability, Waiver, and Entire Agreement

A. Severability

If any provision of this Agreement is held to be invalid, illegal, void, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected or impaired.

B. No Waiver

The failure of Thryve Pilates Studio LLC to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of Thryve Pilates Studio LLC.

C. Entire Agreement

This Agreement, including the Privacy Policy and any other policies or guidelines referenced herein, constitutes the entire, complete, and exclusive agreement between you and Thryve Pilates Studio LLC regarding your use of the Services. It supersedes all prior or contemporaneous communications, proposals, representations, and understandings, whether electronic, oral, or written, between you and us.

9. Contact Us

If you have any questions, concerns, or notices regarding these Terms and Conditions, please contact us at:

Thryve Pilates Studio LLC
1 Curtiss Pkwy Unit 15
Miami Springs, FL 33166
Email: info@thryvepilates.com
Phone: (786) 665-6875