Terms of Use
Please read these Terms of Use (“Terms”) carefully before using this site or any of the products or services provided by Erin Barrett or Erin Barrett Pilates.
1. General Disclaimer:
While Pilates is a method of physical conditioning which can complement many types of physical rehabilitation, it is not meant as a substitute for licensed medical practitioners. A Pilates instructor cannot diagnose or prescribe treatment for physical ailments and any advice we give should not be construed as a substitute for the advice of an appropriately qualified and licensed physician or other healthcare provider.
You should consult with your physician or other healthcare professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program or any fitness program if your physician or healthcare provider advises against it. If you experience faintness, dizziness, pain, or shortness of breath at any time while exercising you should stop immediately.
The videos contained on this website or otherwise provided by Erin Barrett or Erin Barrett Pilates are intended for educational purposes only and are not meant to be prescriptive for a specific injury, condition, or goal. By accessing and utilizing the videos on this website or participating in any online training you assume all responsibility for your own health and safety and any and all injuries and resulting damages you incur as a result of your participation in the course of exercise reflected in these videos or online or personal training.
If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from your healthcare professional.
2. Liability Waiver:
By participating in classes, videos, courses, programs, activities or sessions with Erin Barrett or Erin Barrett Pilates either online or in person, you acknowledge and agree that:
It will require physical exertion, which may be strenuous and may cause physical injury, including the potential for permanent paralysis and death, and while every measure will be taken to reduce this risk, the risk of serious injury does exist;
You knowingly and freely assume full responsibility for all such risks and hazards, both known and unknown, and understand that your participation is done at your own risk;
You represent and warrant that you have no medical conditions that would prevent your participation in this exercise program; and
You hereby waive all rights and the rights of your heirs, assigns, personal representatives, and next of kin and hereby release and hold harmless Erin Barrett, Erin Barrett Pilates, and any person or entity involved with Erin Barrett Pilates including principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives with respect to any and all injuries, disabilities, death, or loss or damage to person or property, whether arising from negligence or otherwise, to the fullest extent permitted by law.
With Your Participation In The Exercise Programs Offered By Erin Barrett And Erin Barrett Pilates You Acknowledge That You Have Read This Liability Waiver, Fully Understand Its Terms, And Understand That You Have Given Up Substantial Rights Freely And Voluntarily Without Any Inducement.
3. Cancellation Policy:
Erin Barrett Pilates has a 24-hour cancellation policy. If you need to cancel, please do so within 24-hours before your scheduled session, whether that session is in-person or virtual. Failure to do so may result in you being charged the full rate for the session. We try to accommodate emergencies but please be as pro-active as possible in alerting us if something comes up that may impact your ability to maintain your appointment. Please contact Erin Barrett by text or Facebook Messenger if you need to cancel or reschedule.
If you register for an online class but are unable to attend, you will be eligible to receive the recording of that class if one is available provided you have paid the fee for the class. There are no refunds once the recording has been sent to you.
4. General Terms and Responsibilities:
For online sessions, you will be emailed a link to the session at least 24-hours prior to the scheduled session. For recurring appointments, we may set up a recurring meeting link which you will use for each session (please save this link). Let us know as soon as possible if you do not receive the link ahead of time or if you have any trouble accessing the meeting.
Please allow sufficient time prior to the start of your session to set up any equipment and log in to the virtual meeting so that we can get started on time. We may have another client scheduled immediately after your session and therefore it is not always possible to run over our allotted time. Please contact Erin Barrett by text or Facebook Messenger if you are delayed.
For in-person sessions, please arrive a few minutes prior to your scheduled appointment. Please bring water, socks (sticky socks preferred) and a yoga mat if you prefer to use your own mat. We will provide all other necessary equipment.
5. Payment:
Payment for classes or sessions should be made prior to your appointment. If we do not receive payment for your session in a timely manner or you have not made prior arrangements, we reserve the right to cancel your session and will not schedule further sessions until you are paid in-full.
Be aware that our 24-hour cancellation policy also applies to group classes so if you have registered (requested a class link) and cannot attend, please let us know within 24-hours of the start of class or you will be charged the class fee.
When you pay for an online class you will be eligible to receive the recording of that class whether or not you were able to attend. There are no refunds once the recording has been sent to you.
We accept payment through Stripe, PayPal or Venmo (@erinbarrettpilates). If scheduling online through the website, that function is linked to Stripe and PayPal. Membership subscriptions are paid through Stripe as recurring monthly or annual payments based on the plan you select at purchase.
6. Accounts:
If you create an account through this website, you are responsible for ensuring the information you provide is accurate, complete and current at all times. You agree that it is your responsibility to safeguard your log-in details, password(s) and security information, whether that is used to access our service or a third-party service such as a payment provider. Furthermore, you agree that this account is for your sole use only and you will not disclose your account log-in details, password(s) or security information to any third parties. You agree to notify us immediately should you become aware of any unauthorized use of your account or any breach of security.
7. Recordings:
Recordings may be shared with you from time to time including those class recordings which are included with your online class fee. These recordings are for your use only and you agree that you will not make copies, or download or share them with anyone for any reason. You agree that you will not share handouts or other printed materials provided by Erin Barrett or Erin Barrett Pilates in any format including hardcopy or electronic. These materials are the sole property of Erin Barrett and Erin Barrett Pilates and are licensed to you solely for your own use.
These recordings may be shared with you for a limited time only and are not intended to be available for your use indefinitely. The term of use for recordings may vary and you should ask how long you will have access to a recording prior to purchase. Once a recording has been sent to you there are no refunds to any applicable fees.
8. Proprietary Rights:
All materials available to you on this website, including names, logos, trademarks, images, text, graphics, videos, photographs, illustrations, artwork and other elements (collectively referred to as “Materials”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Erin Barrett or Erin Barrett Pilates or by third parties that have licensed or otherwise provided their material to Erin Barrett or Erin Barrett Pilates. You acknowledge and agree that all Materials are made available to you for limited, non-commercial, personal use only. Except as specifically provided by Erin Barrett or Erin Barrett Pilates, no Materials may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way without the express written permission of Erin Barrett or Erin Barrett Pilates.
8. Links to Third-Party Websites:
Participation in services or content through Erin Barrett Pilates may include links to third-party websites or services that are not owned or controlled by Erin Barrett or Erin Barrett Pilates. Erin Barrett and Erin Barrett Pilates assume no responsibility for the content, privacy policies, or practices of any third party websites or services. You acknowledge and agree that Erin Barrett and Erin Barrett Pilates is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. It is your responsibility to read the terms and conditions and privacy policies of any third-party websites or services you visit.
9. Termination:
We reserve the right to terminate or suspend your use of our service immediately, without prior notice or liability, for any reason including but not limited to a breach of these terms. Upon termination, your right to use our service will cease immediately including access to your account. If you wish to terminate your account, you may cancel at any time and discontinue using the service.
10. Refunds:
You will be eligible for a refund for pre-paid individual classes or private sessions if you were unable to keep the appointment or reschedule for another day provided you are in compliance with our terms and gave us notice of cancellation at least 24-hours prior to your scheduled appointment time. If we determine a refund is warranted, refunds will be processed by the third-party payment processor you used to make the purchase (minus any fees charged to us by the third-party processor). Those refunds generally take 5-10 business days depending on the third-party payment processor. You should check with the payment processor you used to ensure they have your correct and current information before the refund is processed. Please note: there are no refunds for recordings once they have been sent to you or purchased through Video-On-Demand.
11. Memberships:
In the case of membership subscriptions, you can cancel at any time and your membership will not renew on your next billing cycle. You can continue to use your membership for the remainder of your current billing cycle, including live-stream classes, access to the members area and the video-on-demand options. Your membership will be canceled as of midnight on the last day of your current billing cycle and you won’t be able to access the restricted areas of the website or the member’s benefits unless you re-subscribe. If you cancel your membership, you can opt to pay-as-you-go and sign-up for classes and/or private sessions through the scheduling portal on the website.
If you are dissatisfied with your membership or unable to continue, you may cancel at any time and request a refund for the portion of the membership period that remains on your billing cycle. Refunds will be processed as follows:
Annual Memberships - refunds will be pro-rated based on the date you cancel and the time remaining in your annual billing cycle, less the fees that Stripe takes in processing the transaction.
Monthly Memberships - refunds will issued if you cancel within the first 14 days of your billing cycle and pro-rated for the time remaining in your monthly billing cycle, less the fees that Stripe takes in processing the transaction.
If we determine you are eligible for a refund, we will notify Stripe and they will issue the refund to the card they have on file (minus the fees that Stripe takes from the transaction). We do not see or store credit card information so you will need to ensure the card Stripe has on file is accurate and current. Stripe typically processes refunds within 5-10 business days.
12. Governing Law:
These Terms shall be governed by and construed in accordance with the laws of the State of Maine, excluding its conflict of law provisions.
13. Changes:
Erin Barrett and Erin Barrett Pilates reserve the right to modify or replace these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. By accessing this site or using any of the products or services provided by Erin Barrett Pilates, you agree to be bound by the revised terms. If you do not agree, please stop using this site or its services.
14. Questions:
If you have any questions about these Terms, the site or any of the products or services provided by Erin Barrett or Erin Barrett Pilates please contact us by email at: erinbarrettpilates@gmail.com