Kinexology Lab Agreement
MEMBERSHIP AGREEMENT
Why You’re Reading This Document
The following Membership Agreement (the “Agreement”) will clearly communicate our expectations in having you as part of our community. If you have any questions please let us know as we want to make sure we are all on the same page moving forward.
In exchange for membership access to Kinexology’s online membership, you agree to be bound by the following conditions.
Parties. This Agreement is made between Integrated Pilates Studio, LLC, a Limited Liability Company operating out of the State of Virginia (“Kinexology”, “we”, “our”, and “us”) and you, the undersigned (electronically) or person who has clicked “I Agree” to this Agreement (“you” and “your”).
Services. We promise to provide you with access to our online membership content Kinexology (the “Membership”) according to the terms outlined in Schedule “A” below.
Term + Termination. This Agreement will be binding upon your Membership payment and will last for the time specified online or between us (the “Term”). You can decide to renew the Term of this Agreement as many times as you would like.
Please note that if you violate any of the terms of this Agreement, Kinexology may terminate this Agreement effective immediately and you will not be entitled to any refunds or any continued working relationship with Kinexology.
Our Commitment to You. Through your Membership, Kinexology is committed to providing you with the opportunity and support to enhance your teaching skills with monthly topics and content that are evidence based from the Motor Learning and Control research, the opportunity to discuss topics and assignments with the pilates community, review and discussion of case studies, weekly office hours with Chelsea to ask any questions you may have, frequent lectures with a professional in the wellness industry, and exclusive discounts on Kinexology Method continuing education online courses.
Scheduling. Office hours will occur at the same time each week, which you can schedule yourself to attend. The monthly topic meeting will be at the same time each month. If you cannot attend, the recording will be available on Teachable in the Kinexology Lab Course.
Payment. You agree to pay the price, including the possibility of incremental payments (“Incremental Payment”), of the Membership as outlined below in Schedule “A” (the “Payment”). The Payment price outlined in Schedule “A” is subject to taxes and additional fees. Any subsequent changes to the Payment price will not affect the validity of this Agreement.
Payment is due upon completed purchase of the Membership and must be made in full prior to the start of your Membership.
Incremental Payments. If your method of Payment includes Incremental Payments, you authorize Kinexology to maintain your account information and charge that account automatically upon the renewal of the Membership with no further action required by you.
Kinexology will charge your method of payment as outlined in Schedule “A” for the Incremental Payment. You will receive an email after every Membership subscription renewal / Incremental Payment. To see your Membership subscription date, please log into your Customer Account. All subscriptions are listed in the ‘Subscriptions’ section. You can click a subscription to view its details, including the next order date.
Membership Suspension. Details regarding the availability of a suspension of your Membership are as follows. To suspend your Membership, please email Chelsea at chelsea@kinexology.com. That way we can discuss how long you need the Membership to be suspended for and we can take care of this for you.
Cancellation. You may cancel your Membership at any time. To do so, please log into your Customer Account. After logging in you will select ‘My Account’, and then ‘Subscription’. Click the subscription you want to cancel, scroll down, and click ‘Cancel Subscription’ and then click ‘Confirm’.
Refunds. Our refund policy is as follows: All sales are final. Memberships are non-refundable and non-transferable.
Legal Fees. You will be responsible for any and all legal fees incurred by Kinexology regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment).
Payment Failure. In the event that your Payment fails, your Membership access will be temporarily suspended until we receive your Payment. In the event of three failed payments, you understand that Kinexology may contract a collection agency to collect the money from you.
No Guarantees. Kinexology cannot guarantee any particular success regarding the Membership. We promise to provide you with the opportunity and support to achieve your goals, but any success and results ultimately depends on your commitment. The content in this Membership is based on research evidence and concepts to help facilitate the teaching of Pilates. In no way should this material be used to diagnose injuries or conditions of your clients. This is to add to your knowledge as a teacher, however you still need to remain in your scope of practice. For injuries, diagnoses, and conditions, your clients will still need to seek medical guidance from a professional. This material cannot and should not be used in place of seeking medical advice and service.
Not Medical Advice. You fully understand that Kinexology is not a medical practice and does not have a medical license. The content in this Membership is solely to help facilitate the teaching of Pilates. It is not medical advice. You acknowledge and agree that Kinexology does not provide medical advice or diagnostic.
Code of Conduct. You agree to be mindful and respectful during the lectures, workshops, office hours and duration of your Membership. This includes respecting other members of Kinexology in their journey. You also agree to comply with our protocol, policies and guidelines, as updated from time to time on our website and/or posted on-site.
Force Majeure. Kinexology will not be liable for any failure or delay regarding the Membership if such failure or delay is: beyond the reasonable control of Kinexology, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.
Substitute Services. Kinexology has the right to substitute services. This means that if we ever need to switch virtual offerings due to circumstances beyond our control, we have the right to such a substitution.
COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in any of the Membership activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health and ability to partake in the Membership activities, please consult with your doctor. You further agree to follow the relevant guidelines and comply with our policies around COVID-19, including use of masks or other protective gear, social distancing and hygiene practices. We are all in this together and need to remember to act responsibly and with kindness towards each other in order to ensure everyone’s safety.
Media Release. We think you’re gorgeous and would love to show you off! By signing this Agreement and through your Membership, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, audio recordings, and testimonials of you captured in during your Membership or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. Please let us know If you ever want us to stop using an image of you.
General Indemnity. You hereby fully indemnify Kinexology and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Indemnified Parties”) and save harmless the Indemnified Parties from any losses, claims, damages, actions, causes of action, costs and expenses that an Indemnified Party may sustain, incur or suffer at any time, which are based upon, arise out of or occur, directly or indirectly, by reason of any act or omission by you arising out of the performance of the Membership, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of Kinexology’s negligence, provided that where Kinexology has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.
Standard Legal Things. Jurisdiction. This Agreement will be governed exclusively by the laws of the State of Virginia. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by me of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
Thank you for taking the time to read this. Let’s begin!
Schedule “A”
Cost: $USD 55
Details: The Membership offers monthly topics and content that are evidence based from the Motor Learning and Control research, the opportunity to discuss topics and assignments with the Pilates community, review and discussion of case studies, weekly office hours with Chelsea to ask any questions you may have, frequent lectures with a professional in the wellness industry, and exclusive discounts on Kinexology Method continuing education online courses.
Renewal: Monthly and annually, automatically