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TERMS & CONDITIONS

TERMS

Rose & Thorn Pilates's website (Website) provides online classes, facilitates in person classes and provides information on Pilates, ballet and Tai Chi. The Website is not directed to persons under eighteen (18) years of age. The Website, including, without limitation, all images, video content, photography, written and diagrammatic content, is the property of Rose & Thorn Pilates.

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SAFETY DISCLAIMER

Pilates, Ballet and Tai Chi, in any form, with or without the use of equipment, constitutes strenuous physical activity. Accordingly, you are advised to seek the advice of a physician or medical practitioner before beginning any physical exercise regimen including any online class provided via the Website and any face-to-face class or program provided by Rose & Thorn Pilates. Rose & Thorn Pilates is not a medical organisation and its instructors and staff do not provide medical advice or diagnosis. By using the Website, you elect to receive all instruction, feedback, suggestions, and comments provided by representatives of Rose & Thorn Pilates for information only, including, without limitation, in relation to poses, moves and the use of equipment. Nothing contained in this Website should be construed as medical advice, instruction, or diagnosis.

By using the Website, you represent, acknowledge and confirm that (i) you understand that any physical exercise or strenuous physical movement carries the risk of injury, both physical and mental; (ii) you understand that it is your responsibility to judge your physical and mental capabilities for all such activities; (iii) it is your responsibility to ensure that, by participating in any class or program operated by from Rose & Thorn Pilates, you will not exceed your personal physical and mental limits and will select the appropriate level of classes for your skills and abilities, including any mental or physical conditions and/or limitations; and (iv) you understand that it is your sole responsibility to determine if any instruction, adjustment or equipment, which may be suggested by any representative of Rose & Thorn Pilates from time to time, is appropriate for your level of ability and physical and mental condition.

By using the Website, you expressly waive and release any claim that you may have, for injury, loss or impairment of any kind, against Rose & Thorn Pilates, or any person or entity associated or connected with Rose & Thorn Pilates, including without limitation, its directors, principals, instructors, independent contractors, employees, agents, affiliates and representatives.

When participating in any class, session or program provided by Rose & Thorn Pilates you are advised to take all of the following steps:

- Check that you have sufficient space to practice, free of obstacles and trip hazards

- Check there are no sharp or dangerous objects near by

- Ensure your room has sufficient lighting and ventilation

- Ensure your camera and screen are on a level surface and not in your training space

- Ensure you are well hydrated throughout your class

- Remember to seek medical advice prior to exercise if you have any existing injuries or other medical conditions

- Ensure that you will not be interrupted during your class or exercise session

LIMITATION ON LIABILITY

In no event shall Rose & Thorn Pilates, its officers, directors, employees, or agents, be liable for any direct, indirect, incidental, special, punitive, and/or consequential loss or damage, of whatever nature,  howsoever resulting from access to or use of the Website including, without limitation (i) errors, omissions, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever; (iii) any unauthorised access to or use of Rose & Thorn Pilates secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Website; (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party; and/or (vi) any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Rose & Thorn Pilates is advised of the possibility of such damages.

 

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Rose & Thorn Pilates shall not be liable for content posted by users of the Website or the defamatory, offensive, or illegal conduct of any third party. Any reference to a person, entity, product, or service on the Website does not constitute an endorsement or recommendation by Rose & Thorn Pilates or any of its representatives or employees. Rose & Thorn Pilates is not responsible for any third-party content on the Website or third-party web page accessed from the Website. Rose & Thorn Pilates does not warrant the accuracy of any information contained on the Website or any third-party website or its fitness for any particular purpose. No communication of any kind between you and Rose & Thorn Pilates or a representative of Rose & Thorn Pilates shall constitute a waiver of these limitations of liability or create any warranty or obligation not expressly stated in the terms of use of the Website. Rose & Thorn Pilates reserves the right to remove any material posted on the Website that, in its sole discretion, it determines violates any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Website.

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