Terms of service.

Moxie Fitness & Wellness LLC DBA FORM Pilates

Terms & Conditions

BY VISITING FORM Pilates and www.formcovington.com

YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.

OVERVIEW

The terms “we”, “us”, “our,” “Moxie,” “FORM” and “Lindsey Moore” refers to Moxie Fitness & Wellness, LLC and Moxie Fitness & Wellness LLC DBA FORM Pilates. The term the “Site” refers to MyMoxie.co and all online class sites connected with Moxie Fitness & Wellness, LLC. The term “user,” “you,” and “your,” refers to site visitors, customers, and any other users of the site. We know these aren’t glamorous names, but our lawyers don’t do glamour.

MyMoxie.co and formcovington.com provide a service where users may purchase in-person and online classes, workshops, subscriptions, and products related to Yoga, Pilates, Barre, health and wellness (the “Service”).

Use of MyMoxie.co and formcovington.com, including all materials presented herein, and all online services provided by Moxie Fitness & Wellness, LLC is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

ACCOUNT CREATION

In order to use the Service, you are required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Moxie will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. After all, why do you want to be anyone but you? Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. We don’t do illegal. Moxie reserves the right to refuse service based on your provision of inaccurate account information.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. We really don’t do illegal.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.

You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. If you don’t have anything nice to say, this probably isn’t the right site for you.

REFUSAL OF SERVICE

Moxie reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Moxie reserves the right to limit the number of participants in any given in-person or online class or workshop. Moxie may at any time change or discontinue any aspect or feature of the Site or Service.

POLICIES AND PROCEDURES

-Classes are reserved and paid for in advance through our online booking system. All reservations must be confirmed. -Life can get hectic, we get it! We request that any cancellation be made at least twelve hours prior to class and 24 hours prior to a private training session (the “cancellation window”) to ensure that the class/session goes back onto your account for use at a later date. If you do not cancel before the cancellation window closes, you will be considered a late cancel and you will lose your class or incur a fee. -Teachers are subject to change and classes are subject to cancellation without notice. When possible, an email or text message will be sent in the event that there is a change in the schedule. Subject to any opt-out you elect, you consent to receiving notices from us pertaining to class. -In the event a class is full, try the waitlist – it works! When a spot becomes available before the cancellation window closes, an email confirmation will be sent to let you know. Don’t forget, it is your responsibility to cancel your reservation if you can no longer make it to avoid cancellation penalties. Outside of the cancellation window, keep an eye on the schedule. We will not be able to automatically add you to the class, so grab that spot!

-Safety is crucial, and therefore our trained teachers may provide corrective touches during classes to ensure that clients are safe and maintain correct form.

-While we love our community’s young and furry ones, children and pets are not permitted in the studio.

-Cleanliness is cool – clients are responsible for wiping down their equipment after class.

-Subject to certain restrictions, all sales are final. Classes and sauna passes are not eligible for transfer or exchange, and cannot be shared amongst clients. –

-A valid debit or credit card must be on file for all active accounts. -To update your card on file to a debit card, please email your local studio manager. Moxie is not responsible for any bank overdraft fees that may occur.

-In order to enhance our clients’ safety and experience, we may take video surveillance in studio.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Please, please do this. We really do like you!

If you’ve signed up for a month-to-month subscription with us, the subscription renews automatically and your credit card will be charged the fees stated at the time of purchase (or the introductory rate during the introductory period). Price may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.

CANCELLATIONS, REFUNDS & RETURNS

If you wish to cancel your membership of Moxie or FORM classes, and sessions you may cancel by emailing to the following email address: hello@mymoxie.co. The notice must say that you do not wish to be bound by the contract and must be delivered with 30 days notice prior to the month in which you’d like to cancel.

Refunds are not given. An account credit may be issued for passes purchased if cancelled within the cancellation policy window.

In the event of the relocation of your residence to farther than 25 miles from Covington, GA, and upon the failure of you may cancel your purchase of Moxie sessions or classes and shall only be liable for any used sessions or classes you have purchased.

You (or your estate) may cancel your purchase of Moxie sessions or classes if you die or extend your membership if you become physically unable to avail yourself of a substantial portion of those services which you used until the time of disability.

Memberships cannot be placed on “hold”. If you choose to cancel your membership, you may be charged an early termination fee in applicable. Should you choose to renew your membership after a cancellation, you will be required to renew at the current monthly rate (old rates will not be honored).

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions because we might not have drank enough coffee the day we published something. We reserve the right to refuse or cancel any order with an incorrect price listing.

PHOTOGRAPHY

By purchasing and attending classes and events at Moxie, I understand that Moxie may use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web- based publications, without payment or other consideration. I understand and agree that all photos will become the property of MOXIE.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE Moxie’s PRODUCT IS AT YOUR SOLE RISK.

By purchasing any product produced by Moxie, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees, verbally or in writing, regarding your results of any kind. You alone are responsible for your actions and results in life which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us, and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.

OUR INTELLECTUAL PROPERTY

All content provided on the Site and in the Service, including all products, and all online class and workshop materials, are the intellectual property of Moxie. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, or perform, or in any way exploit, in any format whatsoever, any of the content of the Site or the Service, in whole or in part, without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.

We reserve the right to immediately remove you from the Service, without refund, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy. In other words, don’t steal.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Moxie is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, online or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose, and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.

The foregoing applies even if Moxie has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Moxie’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Moxie, and if no purchase has been made by you Moxie’s cumulative liability to you shall not exceed $1.

THIRD-PARTY RESOURCES

The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Moxie. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and sub-paragraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

WAIVER

No waiver of any of the provisions of this Agreement by Moxie shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Moxie.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Moxie Fitness & Wellness LLC 5196 David Circle SE, Covington, GA 30014

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ADDITIONAL TERMS

DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in your membership agreement, MOXIE will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. If the MEMBER is paying monthly dues by Electronic Funds Transfer (EFT), the STUDIO’s Designated Billing Company. reserves the right to draft via EFT all amounts owed by the MEMBER including any and all late fees and service fees. Subject to appropriate State and Federal Law.

RIGHT TO CHANGE DESIGNATED BILLING COMPANY: The STUDIO hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of your membership agreement will continue to apply and you agree to authorize the new Designated Billing Company to continue drafting your account.

NOTICE: ANY HOLDER OF A MEMBERSHIP AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

MAINTENANCE OF FACILITIES: The STUDIO may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes. The STUDIO reserves the right to add a periodic facility maintenance charge. If a Facility Maintenance Charge is implemented in the future, you will be given a minimum of a 60-day notice of the amount owed and due date. You authorize the Designated Billing Company to automatically draft this amount along with your regular membership dues.

MEMBER OBLIGATIONS: (1) MEMBER agrees to abide by all STUDIO policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other MEMBERS with courtesy. (2) MEMBER agrees to pay monthly dues on time, including notifying the STUDIO promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment. (3) MEMBER agrees to pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due. (4) MEMBER agrees to continue to fulfill the financial obligation of this agreement, except as allowed below.