Terms and Conditions

COMPANY PROGRAMMING TERMS AND CONDITIONS THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS, AND LIMITATIONS OF LIABILITY.

PLEASE REVIEW CAREFULLY.

These are the terms (the “Agreement”) governing your attendance at and participation in any in-person event run by Balance Studio Austin, LLC dba ALIGN and ALIGN East, LLC including in-person classes, mentorships, and trainings (each an “Event” and collectively the “Events”) or any virtual event, whether live or pre-recorded (“Online Content” collectively with the Event, the “Company Programming”). By registering for any Company Programming, you agree to these terms, which form a binding legal contract between Balance Studio Austin, LLC and ALIGN East, LLC (“Company” or “we” or “us”) and the registered attendee or participant (“you” or “Participant”).

We may refer to you and the Company as the “Parties.” If you are registering on behalf of another individual, it is your responsibility to ensure the person attending is aware of these terms and accepts them. By completing the registration on behalf of another individual you are warranting that you have made the attendee or participant aware of these terms and that they have accepted these terms. Please note you may be required to fill out other forms or waivers to utilize the Company Programming.

Section 1: Participation Requirements

Access to Company Programming. Your registration entitles you to access or attend the Company Programming for which you have registered. Unless otherwise noted, any and all other costs associated with your attendance shall be borne solely by you, and Company shall have no liability for such costs. You will be provided with entry to the Event or Online Content through access credentials, either digital or physical (“Credentials”). You are responsible for securing the Credentials. Any physical Credentials must be worn at all times during an in-person Event.

Access to Online Content is restricted to registered participants. When you register, you will create a user profile, which may include a username and password. You agree to keep your username and password confidential. You may not share your username and password with anyone, for any reason, without express written consent by Company. If you suspect your password has been compromised, you must notify Company immediately at info@alignpilatesstudios.com. Company will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.

Company may disable your username and password and access to the Online Content at its sole discretion. Company reserves the right to modify methods for registration and access levels of registered users from time to time.

Image Release. By attending any Event or accessing any Online Content, you acknowledge and agree to grant Company the right to record, film, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to Company includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.

Event Content. You acknowledge and agree that Company, in its sole discretion, reserves the right to change any and all aspects of any Event, including but not limited to, the Event name, themes, content, program, speakers, performers, hosts, teachers, moderators, venue, and time.

Age Requirement. The Events, except for Company’s regular in-studio Pilates classes are limited to attendees that are over the age of eighteen (18). You represent and warrant that you are over the age of 18. Any violation of this clause is cause for immediate expulsion from the Event without a refund of ticket price or other costs. Company is not responsible for any damages for a failure to abide by this clause.

Conduct. While attending the Event or accessing any Online Content, you must conduct yourself in a professional manner that is welcoming to all participants and free from any form of discrimination, harassment, intimidation by verbal or physical in nature or retaliation.

Online Content. Participant understands and agrees that access to Online Content and use of any related services provided by Company is dependent on Participant’s internet connection, hardware and certain software (including third party software) that may be required or may need updating. Company is not responsible for any streaming lags, interruptions, outages, or your inability to access Online Content as a result of Participant’s internet connection or any other technical, hardware, equipment, system, server or technology related issues. You are responsible for your own data security while accessing the Online Content. You acknowledge that a high-speed internet connection is necessary in order to access the Online Content through a mobile network, and that your network or roaming network may apply fees for data usage.

Section 2: Prohibited Conduct

Limitations on Use. Registrations for Events and Online Content are not transferable without express permission from Company. All transfer requests For Events must be sent to info@alignaustin.com and a representative of Company will confirm your transfer. If you do not receive confirmation, it is your responsibility to contact Company until you receive such confirmation otherwise your ticket may not be transferred. The deadline to transfer a ticket to an in-person Event will be communicated seprately. After that time, requests to transfer are no longer permitted. Purchase of Company’s standard in studio Pilates classes/memberships and teacher mentorship and trainings are non-transferable at all times.

Disruptive Conduct. You acknowledge and agree that Company reserves the right to remove you from an Event if Company, in its sole discretion, determines that your presence or behavior is creating a disruption or hindering the Event or the enjoyment of the Event by other attendees. In the event you are asked to leave the Event due to this provision, you will not receive a refund of your ticket price or any membership fee and Company will not be liable to you for any damages.

Photography, Recording, Live Streaming, and Videotaping. Attendees may not record or broadcast audio or video of any part of an Event.

Refusals. In addition to the requirements and prohibitions set forth in this Section 2, Company may also exclude any prospective attendee from registering for or attending any Company Programming, in Company’s sole discretion. Furthermore, Company reserves the right to cancel, in its sole discretion, any attendee’s registration upon refund of the admission fees paid to Company (if any were paid); provided, however, that if an attendee is removed and/or their registration is cancelled for violating any prohibition or requirement set forth in these terms, Company may retain all fees paid, if applicable. Company will not be responsible for any penalty, fee, loss, or expense incurred that might result from such action, regardless of whether such penalty, fee, loss or expense was foreseeable or Company was advised of the same.

In its sole discretion, the Company reserves the right to terminate your access to any Online Content if you violate this Agreement or for any other reason. If Company terminates your access to the Online Content for the breach of the Agreement, you will not be eligible for a refund of any amounts paid. If Company terminates for any other purpose, Company may issue a refund at Company’s sole discretion. If you terminate the Agreement or fail to attend or utilize the Online Content, you will not receive a refund for any amounts paid.

Section 3: Fees and Refunds

Payment. You may purchase access to Company Programming on https://www.alignpilatessummit.com/ and https://www.alignpilatesstudios.com/ and https://www.brookebowersockpilates.com/ (collectively the “Website”). Payment of the applicable fee for Company Programming is due upon registration. If such payment is insufficient or declined for any reason Company may refuse to provide access to the Company Programming and shall have no liability in that regard.

To complete your purchase, you will be required to provide Company’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your user account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in accordance with this Agreement. If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you.

Taxes. The fees may be subject to sales tax, value added tax, or other taxes and duties, which, if applicable, will be charged to you in addition to the fees.

Refunds and Cancellation. Refunds are not available under any circumstances. Certain jurisdictions may have longer periods where refunds will be granted. Company will honor such periods as required by law. All cancellation requests must be sent to info@alignaustin.com and a representative of Company will confirm your cancellation. For the avoidance of doubt, this provision only applies to the fees paid directly to Company for the price of the Company Programming purchased and does not contemplate a refund of any other fees associated with attendance of the Event.

If an Event is canceled or postponed for any reason, you may defer your attendance to the next Event of the same type. If an Event is canceled or postponed for any reason, you agree that aside from obtaining a deferral credit for your attendance, you will have no remedy against Company, at law, in equity or otherwise, including, without limitation, for a refund of payments made, expenses incurred, or any actual, consequential, or punitive loss or damages of any kind.

Please note that Company will not issue refunds or credits due to failure to redeem a discount coupon during the registration or application process.

Membership Terms. You also agree to the following additional terms, if you purchase/use a Pilates class membership (“Class Membership”) or teacher mentorship (“Mentorship Membership”) (collectively the “Membership”). The Class Membership does not include any teacher trainings or mentorship.

The Class Membership includes a specified number of Pilates classes at the specified location as set forth on the Website.

You may receive a discounted rate the first month but all further fees thereafter will be a at the standard rate indicated on the Website. The Class Membership may be purchased on a monthly subscription basis for the monthly fee selected (the “Monthly Fee”) or a yearly subscription basis for a yearly fee selected (the “Yearly Fee”). The Mentorship Membership may be purchased for a Monthly Fee. The Membership shall commence on the date of purchase. Each Monthly Fee will be charged to you each month on the date of original purchase and the Yearly Fee will be charged to you each year on the date of original purchase. The Membership automatically renews each month or year as applicable and such fee will be charged to you continuously until you cancel the Membership. It is your responsibility to cancel the Membership prior to renewal.

There is no minimum purchase requirement, and you may cancel the Membership at any time.

If you wish to terminate your 12 month Class Membership you will give Company 30 days’ notice via email at info@alignaustin.com and acknowledge that any scheduled autopay that falls within those 30 days will be charged and activated for the duration of a month after that final autopay charge. If you are in the first half of your membership contract you agree to pay the difference between your monthly membership payments and the month-to-month payment rate (for the respective membership class amount) for the length of time you have been in my contract plus a $50 processing fee. If you are in the second half of your membership contract you agree to pay 50% of the remaining autopay charges plus a $50 processing fee.

The Membership must be terminated prior to billing to avoid the next regularly scheduled payment. No refunds will be issued after payment is charged to your account.

As applicable, you consent to recurring monthly payments for the Monthly Fee for the Membership and recurring yearly payments for the Yearly Fee for the Membership. You hereby authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate the Membership, and you further agree to pay any charges so incurred.

You will be required to provide Company’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update Company with any changes to your billing information (for example, a change in your billing address or credit card expiration date) that may occur. Access will be revoked to the Membership if you choose a payment plan or subscription and do not complete the payments on schedule.

If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you. Company reserves the right to change the price of the Membership, subject to applicable law. Your continued use of the Membership after notice of the price change constitutes your agreement to pay the changed amount, except where prohibited by law.

Standard Pilates Class Packages. In addition to the above payment terms above, you further agree that class packages may only be used at the location it was purchased for. In addition, you understand and agree that packages expire three months after purchase and you will forfeit any unused classes.

Section 4: Privacy

Company owns and operates the Events and is committed to protecting the privacy of its attendees. Company does not rent, share, or sell your contact information or other personal information to any third parties, unless you are expressly notified that Company will be sharing your information with Event vendors. Please refer to Company’s privacy policy for more information.

Section 5: Intellectual Property

5.1. Company Intellectual Property. All intellectual property rights in and to the Company Programming, the Company Programming content, and all materials distributed at or in connection with the Company Programming are owned by Company. You may not use or reproduce or allow anyone to use or reproduce any trademarks or other trade names or copyrighted material appearing in the Company Programming, in any Company Programming content or in any materials distributed at or in connection with the Company Programming for any reason without the prior written permission of Company. For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by Company or any of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual property rights of Company or its affiliates, all of which shall at all times remain the exclusive property of Company and its affiliates.

The Company Programming was developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the Company Programming. When you purchase the Company Programming, you agree that you will not use any information you gain from the Company Programming to create any product or service, whether offered for commercial or personal use, without express written consent of the Company. All inquiries for use of Company intellectual property must be submitted to info@alignpilatessumity.com. Company reserves the right to seek equitable and compensatory relief for any violation of this term.

All original materials provided by Company as part of the Company Programming are owned by Company. You are not authorized to use or transfer any of Company’s intellectual property or any aspect of the Company Programming. No license to sell, distribute, reproduce, prepare a derivative work, display, or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

ALIGN SUMMIT, ALIGN WEST AND ALIGN EAST are trademarks of Company and protected by United States trademark law. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company or the Company Programming.

5.2 Use of the Online Content. The Online Content includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs, and graphics. You may view, download, print, email, and use materials from the Online Content for personal, noncommercial purposes only subject to the license below. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from the Online Content for commercial purposes. Any reproduction or unauthorized use of any materials found in the Online Content shall constitute infringement.

Unless otherwise stated, Company owns the intellectual property and rights to all content and material in the Online Content. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in this Agreement.

The following uses are not permitted:

• Republication of content from the Online Content, unless content is specifically and expressly made available for republication; • Sale, rental, or sub-license of any content from the Online Content; • Reproduction or duplication of any content in the Online Content for commercial purposes; • Modification of any content in the Online Content, unless content is specifically and expressly made available for modification; or • Redistribution of content in the Online Content unless content is specifically and expressly made available for redistribution.

You must not use the Online Content in a way that causes, or may cause, damage to the Online Content or impairs the availability of access to the Online Content. You must not decompile, reverse engineer, disassemble or otherwise reduce the Online Content, except to the extent that such activity is expressly permitted by applicable law. You must not use the Online Content to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Online Content without Company’s express written permission.

You must not use the Online Content to transmit or send any unsolicited commercial communications. You must not use the Online Content for any third-party marketing without Company’s express written permission.

5.3. Content Contributed to the Company Programming. Any content you contribute to the Company Programming, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.

Company reserves the right to edit or remove: (i) any material submitted to the Company Programming; (ii) stored on Company’s servers; or (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party. Notwithstanding Company’s rights under this Agreement, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Company Programming.

Section 6: Disclaimer of Warranties, Limitation of Liability, Assumption of Risk, Indemnity

No Warranties. Company gives no warranties, whether written or oral, in respect of any aspect of the Company Programming, or any materials related thereto or offered through the Company Programming and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, availability, and merchantability. The Company Programming is provided on an “as-is” and “as-available” basis. Company makes no warranty that Company Programming will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Company Programming. Company makes no representations or warranties in relation to the information provided during the Company Programming. Neither Company nor its affiliates accept any responsibility or liability for reliance by you or any person on any aspect of the Company Programming or any information provided through the Company Programming. All of the information provided through the Company Programming is for informational use only. There is no guarantee that you will see positive results to your business using the techniques and materials provided through the Company Programming. Company assumes no responsibility for your decisions or for policies or practices that you implement based on information obtained through the Company Programming. Any statements related to income or earnings potential made through the Company Programming are examples of what may be possible in the future. Company makes no guarantees regarding results, present or future. Company is not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided through the Company Programming. All views expressed by speakers or presenters are their own. Company does not guarantee that you will be certified by any authority upon completion of any teacher mentoring or training Events.

Limitation of Liability. Except as required by law, neither Company nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from any Company Programming, your presence on any Event location or other aspect related thereto or in connection with this Agreement. Company assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided through the Company Programming.

Maximum Liability. The maximum aggregate liability of Company for any claim in any way connected with, or arising from, any Company Programming or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to Company for access to the Company Programming under this Agreement or $250, whichever is greater.

Assumption of Risk. You agree to carefully consider the inherent risks in any activities that you choose to take part in and to take reasonable precautions before you choose to attend or participate in any Company Programming. For example, you should ensure that you are in good physical health before engaging in any physical activity at any Company programming, and you should always drink responsibly if alcohol will be present at an Event.

For in-person Events, Company has put in place preventative measures to reduce the spread of COVID-19. Nonetheless, Company cannot guarantee that you, anyone in attendance during the Event or any visitor to the premises where the Event is provided will not become infected with COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assumes the risk that you may be exposed to or infected by COVID-19 and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind. You hereby release, discharges, and hold Company harmless from any liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto.

In sum, you understand that your attendance and participation at the Event is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law, including in connection with the transmission of COVID-19.

Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, directors, employees, contractors, suppliers, agents, and representatives harmless, including costs, liabilities, and legal fees, from any claim or demand made by any third party due to, related to, or connected with your attendance or conduct at any Company Programming.

COVID-19 Vaccination and Testing Requirement. Company shall follow all venue, local and state requirements in the Event locale. In the event a venue or local rule, law, or regulation (“COVID Requirements”) requires that Event participants produce documentation in connection with COVID-19 testing and/or vaccination, Company will follow the COVID Requirements. It is within Company’s sole discretion whether to accept the provided documentation and to allow admittance to the Event. Company reserves the right to request further documentation, in its sole discretion. Company shall not be liable to you for any damages for your failure to provide the required documentation.

6.7 Weapons-Free Policy. Company is a private company and maintains a Weapons-Free Policy for all Events, which is incorporated herein by this reference, and you agree to its terms. Without limiting the Weapons-Free Policy, you are prohibited from carrying weapons of any kind, including, without limitation, concealed, or displayed firearms, and are not permitted to bring weapons onto the premises of any Events. Your bags may be checked prior to entering a physical, in-person venue (whether part of the physical Events or production for the Online Content) by employees, contractors and/or representatives of: (a) Company; (b) the venue for Events; and/or (c) Company’s clients or sponsors. Company reserves the right, in its sole discretion, without refund, deferral or credit to you, to deactivate and/or revoke access to Company Programming if such you violate this Weapons-Free Policy. You acknowledge that this policy is in force, and you agree to comply with the Weapons-Free Policy, regardless of the terms of any signs posted on the premises or venue of any Company Programming.

Section 7. Comment Policy

The Online Content may offer you the option to provide comments either written or verbal. The following types of comments will not be tolerated and will be deleted:

• harassment directed toward any content creator, Participant, or Company; • spam; • hate speech; • defamatory to Company or any third party; • reference illegal acts; • violate the legal rights of a third party; or Any other action that may impede the use and enjoyment of the Online Content by other participants.

Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

You are, and shall remain, solely responsible for the any content you upload, submit, post, transmit, communicate, share, or exchange by means of the Online Content and for the consequences of submitting or posting same. COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE ONLINE CONTENTAND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREIN.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PARTICIPANTS IN THE COMPANY PROGRAMMING. YOU ACKNOWLEDGE AND UNDERSTAND THAT COMPANY HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS PARTICIPANTS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS PARTICIPANTS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS PARTICIPANTS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER PARTICIPANTS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER PARTICIPANT IN PERSON. COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS PARTICIPANTS. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY PARTICIPANT’S, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN PARTICIPANTS.

You and any Participant violating the Agreement may be immediately and permanently removed from the Company Programming, in Company’s sole discretion and no refund will be due to you in such case.

Any content posted in the Online Content is the sole responsibility of the person(s) who created it, and Company and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. Company and its employees, agents, directors, and officers do not undertake or assume any duty to monitor for inappropriate or unlawful content posted by Participants, nor does it assume responsibility or liability that may arise from any content posted in the Online Content, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.

Company reserves the right to report to the appropriate authority any post, comment, message, or Participant in the Online Content that Company deems, in its sole discretion, may implicate the safety of either Company, a Participant or a third-party.

All posts in the Online Content are confidential and may not be shared by any member outside of the Online Content. You acknowledge, however, that the Online Content may be joined by any member of the public, and so confidentiality cannot be guaranteed. Please do not post any information that you do not want shared.

Section 8. Force Majeure

Company shall not be held responsible for any delay or failure in performance of its obligations hereunder to the extent such delay or failure is caused by fire, earthquake, hurricanes and other mother nature, flood, strike, civil, governmental, or military authority, government rules or regulations, acts of God, acts of terrorism, acts of war, pandemic, epidemics, the availability of any Event venue or other similar causes beyond its reasonable control and without the fault or negligence of Company or its subcontractors. For one or more of such reasons, Company may postpone, reschedule, or cancel the Company Programming without liability on the part Company. In the event the Company Programming cannot be held or is postponed pursuant to this section, Company shall not be liable to attendee for any damages, costs, or losses incurred, such as transportation costs, accommodations costs, or financial losses. Company will review refund and/or fee transfer requests, submitted in writing, for approval on a situational basis.

Section 9. Governing Law

This Agreement shall be governed by the laws of the State of Texas and jurisdiction of any disputes under this Agreement shall lie in Travis County, Texas.

Section 10. Dispute Resolution

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY TO THE MAXIMUM EXTENT PERMITTED BY LAW ASSERT CLAIMS IN SMALL CLAIMS COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD. TO BEGIN AN ARBITRATION PROCEEDING, YOU MUST SEND A LETTER REQUESTING ARBITRATION AND DESCRIBING YOUR CLAIM TO info@alignaustin.com. THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES, WHICH ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. PAYMENT OF FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S RULES. THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL. THE PARTIES EACH AGREE THAT EACH PARTY MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

Section 11. Miscellaneous Company’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sub-licensable by you except with Company’s prior written consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you acknowledge that you do not have any authority of any kind to bind Company in any respect whatsoever. If you send Company an email, register to use the Website or Company Programming , or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

All notices with respect to the Agreement must be in writing and may be via email to info@alignpilatesstudios.com for Company and to your email address.

Last updated: February 1, 2024