TERMS & CONDITIONS

This Terms and Conditions / Membership Agreement (“Agreement”) is entered into by and between Vivo Wellness LLC, doing business as Vivo Hot Pilates & Yoga (“Vivo,” “Studio,” “we,” “us,” or “our”), located at 3036 Jericho Tpke, East Northport, New York, and the undersigned client (“Client,” “Member,” or “you”).


By purchasing any class, package, or membership, booking a class, or accessing Studio services, Client acknowledges and agrees to be bound by the terms set forth herein.


SERVICES


Vivo provides heated Pilates, strength, and yoga classes and related fitness services. All schedules, instructors, and offerings are subject to change at any time without prior notice.


BOOKINGS AND PAYMENT TERMS


All classes must be reserved through the Studio’s designated booking platform. Payment is required at the time of purchase or through an active membership.


All purchases are final, non-refundable, non-transferable, and non-assignable, except as expressly required by applicable law.


Client authorizes Vivo to charge the payment method on file for all applicable charges, including but not limited to membership dues, late cancellation fees, no-show fees, and other applicable charges.


Vivo reserves the right to adjust pricing in accordance with Section 4.5.


CANCELLATION AND NO-SHOW POLICY


Client acknowledges that class capacity is limited and agrees to the following:


All class reservations must be canceled or rescheduled through Client’s account within the Studio’s designated booking platform at least three (3) hours prior to the scheduled class start time. Cancellations submitted via email, phone call, text message, social media, or any other method will not be considered valid. Failure to cancel within the required time shall constitute a “Late Cancellation.” Failure to attend a reserved class without cancellation shall constitute a “No-Show.”


The following penalties shall apply:


  • Drop-In Classes, Class Packs (10-pack), and 4x/8x Memberships:
  • Late Cancellations and No-Shows shall result in forfeiture of the applicable class credit.
  • Unlimited Memberships:
  • Late Cancellations shall incur a fee of Ten Dollars ($10.00).
  • No-Shows shall incur a fee of Fifteen Dollars ($15.00).
  • Guest Passes:
  • Late Cancellations and No-Shows shall result in the forfeiture of the guest pass.


Late entry shall not be permitted and shall be treated as a No-Show.


MEMBERSHIP TERMS


Recurring Billing: Memberships are billed on a recurring monthly basis unless otherwise specified. Client authorizes recurring charges to the payment method on file.


Commitment Period: Certain membership plans require a minimum commitment period of three (3) months. Following completion of such period, membership shall continue on a month-to-month basis unless canceled in accordance with this Agreement.


Cancellation:


Memberships may be canceled by providing at least seven (7) days’ notice prior to the next billing date. Notice of cancellation may be submitted by any of the following methods:


  • Through the Client’s account within the Studio’s designated booking platform
  • By electronic communication (including email) to the Studio
  • By other written notice approved by Vivo


Cancellation requests must be received prior to the required notice period. Failure to provide timely notice shall result in the next billing cycle being processed. Client remains responsible for all charges incurred prior to the effective date of cancellation.


Failed Payments:If a payment method is declined or otherwise unavailable, Vivo reserves the right to suspend access to services until all outstanding balances have been paid in full.


Price Adjustments: Vivo reserves the right to increase membership dues, class pricing, and fees at its sole discretion. Client will be provided with reasonable notice of any increase in recurring membership dues prior to such increase taking effect. Continued use of Studio services or failure to cancel membership prior to the effective date of such increase shall constitute acceptance of the updated pricing. Such adjustments shall not affect any existing minimum commitment period but shall apply to all subsequent billing cycles.


Guest Passes: Eligible memberships include one (1) guest pass per month. Guest passes are non-transferable, have no cash value, and are subject to Studio policies and availability.


STUDIO POLICIES


Client agrees to comply with all Studio rules, including but not limited to:


  • No use of mobile phones within the studio room
  • No late entry
  • Remaining for the full duration of class
  • Arriving prior to scheduled class start time
  • Maintaining appropriate conduct and respecting other participants
  • Cleaning all equipment and props after use


Vivo reserves the right, in its sole discretion, to refuse entry or remove any individual whose conduct is deemed unsafe, disruptive, or in violation of Studio policies.


HEALTH REPRESENTATIONS AND ASSUMPTION OF RISK


Client represents that they are physically capable of participating in fitness activities and acknowledges the inherent risks associated with exercise, including those conducted in heated environments. Participation is voluntary and at Client’s own risk. Execution of a separate Liability Waiver is required and is incorporated herein by reference.


LIMITATION OF LIABILITY


To the fullest extent permitted by law, Vivo shall not be liable for any injury, loss, or damage arising out of or related to participation in Studio activities, except in cases of gross negligence or willful misconduct.


STUDIO’S RIGHT TO TERMINATE


Vivo reserves the right to suspend or terminate any membership or deny access to services for violation of this Agreement or Studio policies.


WAITLIST POLICY


If a class is full, clients may join the waitlist through the Studio’s designated booking platform.


When a spot becomes available, waitlisted clients will be moved into the class as follows:


  • More than three (3) hours prior to class start time:
  • Clients will be automatically enrolled in the class in the order of the waitlist. Once enrolled, the standard cancellation and no-show policy applies.
  • Within three (3) hours of class start time:
  • Clients will be notified of the available spot and must manually book themselves into the class. Spots are offered on a first-come, first-served basis.


Clients are responsible for monitoring their waitlist status and notifications. Vivo shall not be responsible for missed notifications or a Client’s failure to secure or attend a class after being offered a spot.


Membership Freeze Policy


Members may request a temporary freeze of their membership subject to the following conditions:


  • Memberships are eligible for freeze only after completion of any applicable commitment period
  • A maximum of one (1) freeze per calendar year is permitted
  • The freeze period may be for up to two (2) consecutive months
  • Freeze periods may not be split or used intermittently
  • A fee of Twenty Dollars ($20.00) will be charged for each month the membership remains on hold
  • Freeze requests must be submitted at least fourteen (14) days prior to the requested start date
  • Freeze requests are not retroactive


During the freeze period, access to Studio services will be suspended. At the conclusion of the freeze period, membership will automatically resume and regular billing will continue. Vivo reserves the right to approve or deny any freeze request at its sole discretion.


STATUTORY RIGHTS UNDER NEW YORK LAW


This Agreement is subject to applicable provisions of the New York General Business Law governing health club services.


  1. Three-Day Right to Cancel: Client may cancel this Agreement without penalty or obligation within three (3) business days of execution, excluding Sundays and legal holidays, by providing written or electronic notice. If canceled within such period, any payments made shall be refunded in full.
  2. Cancellation Due to Disability or Death: If Client becomes permanently disabled or dies during the term of this Agreement, the Agreement may be canceled upon submission of reasonable proof. “Permanent disability” shall mean a condition preventing use of Studio services for a period of six (6) months or longer. Any unused prepaid amounts shall be refunded on a prorated basis.
  3. Relocation: Client may cancel this Agreement upon relocation of their primary residence more than fifteen (15) miles from the Studio by providing written or electronic notice and reasonable proof. Refunds shall be issued on a prorated basis, less any permissible administrative fee.
  4. Studio Closure: If Vivo ceases operations or relocates beyond a reasonable distance, Client may cancel and receive a prorated refund of unused prepaid amounts.


GOVERNING LAW


This Agreement shall be governed by and construed in accordance with the laws of the State of New York.


MODIFICATION OF TERMS


Vivo reserves the right to amend, modify, or update this Agreement at any time in its sole discretion. Any such modifications shall become effective upon posting to the Studio’s website or booking platform. Continued use of Studio services following such modifications shall constitute Client’s acknowledgment and acceptance of the revised terms.


ENTIRE AGREEMENT


This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, representations, or communications.


SEVERABILITY


If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.


CONTACT INFORMATION


Vivo Wellness LLC

DBA Vivo Hot Pilates & Yoga

3036 Jericho Tpke

East Northport, New York

info@vivohotpilates.com