MIAMI STUDIOS:

1. INTERPRETATION AND VARIATION

1.1 Tremble Coral Gables LLC, Tremble Wynwood LLC, Tremble North Miami LLC, Tremble South Miami LLC, Tremble Coconut Grove LLC, Tremble Brickell LLC, Tremble Sunset Harbour LLC, Tremble Aventura LLC, and Tremble Pinecrest LLC (hereinafter referred to as TREMBLE or the Company) reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members.

1.2 The Terms and Conditions will be governed by the laws of Florida and subject to the exclusive jurisdiction of the Florida courts. 

2. MEMBERSHIP
2.1 Subject to these terms and conditions, when a person has completed the online Registration he will become a Member of the Studio. 

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company. 

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company's reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended. 

2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions. 

2.5 Members must be eighteen (18) or over . 

3. STUDIO OPENING TIMES

Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.makeittremble.com 

4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.makeittremble.com or directly from the Studio and will be such prices as determined by the Company from time to time. 

4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session. 

4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. 

4.4 Credits and memberships purchased can only be used in the location it was purchased at and are non transferable across regions.

5. BOOKINGS AND CANCELLATIONS

5.1 Sessions are booked on a first-come first-served basis.

5.2 A Member may use the waiting list function at www.makeittremble.com  in the event that the client’s first choice session is unavailable. If a Member joins the waiting list for a particular session and then books into that session their booking will be subject to the general Terms and Conditions. Member will be automatically added from the waitlist up to 8 hours prior to the start of class. Our 12 hour cancellation policy applies in section 5.4 applies and therefore member must remove themselves prior to those 12 hours if he/she does not want to be automatically added up to 8 hours prior to class.

5.3 Sessions are valid for (12) months from and including the date of purchase unless otherwise stated in the promotion, offer, or online booking system.

5.4 Any cancellation within 12 hours of class, will be considered a late cancel. If a client late cancels or is a no show and has reserved with a class pack or session, he/she will forfeit their credit. No shows/late cancellations on a membership, including 1 month unlimited, 1 week unlimited, 6 month memberships and any auto renew, will result in a $25 no show/late cancellation fee billed to the credit card on file.

5.5 If Member does not arrive at the start of the scheduled class time, Member forfeits their reservation and spot in class. If Member used a credit to book in, Member will forfeit their credit. If Member is on a monthly unlimited, 1 week unlimited, 6 month membership, or auto renew, Member will be charged a late fee of $25. All monthly members, weekly memberships, and auto renew members are required to keep an active card on file.

6. FITNESS AND HEALTH 

6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio. 

6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any). 

6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and well being. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor. 

6.4 The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities. 

6.4 Members are required to follow the instructions of the instructor at all times. 

7. LIMITATION OF LIABILITY 

7.1 The Company cannot be held responsible for any particular session, instructor and/or item of reformer equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion. 

7.2 It is the Member's responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional. 

7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion. 

7.4 In consideration of their participation in the activities and programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries, damages, or death resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities (including loss of a baby during pregnancy). 

8. USE OF FACILITIES 

8.1 A Member is entitled to use the Studio's facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company. 

9. PERSONAL BELONGINGS 

Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items. 

10. DRESS 

Members are requested to wear a form of dress appropriate to the practice of Pilates and the Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members are required to attend sessions in non-slip socks. Footwear should be removed in the entry area. 

11. SAFETY & HYGIENE 

11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds. 

11.2 Notwithstanding paragraph 11.1 above, Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints. 

11.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit. 

11.4 Smoking is forbidden in the Studio. 

12. GENERAL 

12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company. 

12.2 The Company reserves the right to refuse admission to the Studio.

12.3 The Company may assign the benefit of the Registration Process and a Member's membership to a third party at any time without notice to the Member. 

12.4 The Registration Process, including these terms and conditions, shall not be construed to grant any third-party beneficiary rights to any person. 

12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email. 

12.6 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members. 

12.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright. 

12.8 By opting in to any of our forms, you are agreeing to receive text messages, including automated text messages, from [TREMBLE] to the phone number you provided about [TREMBLE] services and related promotions and offers. Msg & data rates may apply. You can stop receiving text messages at any time by texting STOP.

13. WAIVER OF JURY TRIAL

13.1 THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS RELATING TO, ARISING OUT OF, BASED UPON, OR RESULTING FROM THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THE PARTIES HERETO RECOGNIZE AND AGREE THAT ANY SUCH CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN THE PARTIES WOULD INVOLVE DIFFICULT AND COMPLEX ISSUES THAT WOULD BE MORE APPROPRIATE TO TRY BEFORE AN ARBITRATOR OR A JUDGE WITHOUT A JURY.

14. MEDIATION AND ARBITRATION. 

14.1 Any controversy or claim relating to, arising out of, based upon, or resulting from to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute relating to, arising out of, based upon, or resulting from this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any mediation shall be held in Miami-Dade, Florida, or such other location as the parties may mutually agree. Mediation shall be completed within forty-five (45) days following delivery of notice to mediate, and the fees filed expenses of the mediator shall be paid half by each party. Arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules and Mediation Procedures, modified as follows: (l) the total time from date of demand for arbitration to final award shall not exceed forty-five (45) days; (2) the arbitrator shall be chosen by the AAA without submittal of lists and subject to challenge only for good cause shown; (3) the time, date and place of the hearing shall be set by the arbitrator in his or her sole discretion, provided that there be at least seven (7) days prior notice of the hearing; (4) there shall be no post-hearing briefs; and (5) the arbitrator shall issue his or her award within seven (7) days after the close of the hearing. The arbitration shall be held in Miami-Dade, Florida, or such other location as the parties may mutually agree. The decision of the arbitrator shall be binding on the parties, not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Miami Dade County, Florida. The fees and expenses of the arbitrator shall be paid half by each party, but the arbitrator shall award the prevailing party's arbitration fees and expenses as a cost to the prevailing party in the arbitration award. The parties shall each hold harmless and indemnify the arbitrator from any claims arising in connection with the arbitration. No provision of, nor the exercise of any rights under, these policies governing mediation and arbitration will limit the parties' right to request and obtain provisional or ancillary remedies or relief, including temporary or permanent injunctive relief or to restrain or prevent any breach or default from any court having jurisdiction, before, during, or after the pendency of any arbitration. The prevailing party shall recover its costs and reasonable attorney's fees, which shall be determined and fixed by the arbitrator as part of the arbitration award, and in the case of any court proceeding seeking provisional or ancillary remedies or relief by the court (at all trial and appellate levels).

NEVADA STUDIOS:

South Reno:

1. INTERPRETATION AND VARIATION

1.1  Reno Body Barre LLC (hereinafter referred to as the Company) reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. 

1.2 The Terms and Conditions will be governed by the laws of Nevada and subject to the exclusive jurisdiction of the Nevada courts. 

2. MEMBERSHIP
2.1 Subject to these terms and conditions, when a person has completed the online Registration he will become a Member of the Studio. 

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company. 

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company's reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended. 

2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions. 

2.5 Members must be eighteen (18) or over . 

3. STUDIO OPENING TIMES

Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.makeittremble.com 

4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.makeittremble.com or directly from the Studio and will be such prices as determined by the Company from time to time. 

4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session. 

4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. 

4.4 Credits and memberships purchased can only be used in the location it was purchased at and are non transferable across regions.

5. BOOKINGS AND CANCELLATIONS

5.1 Sessions are booked on a first-come first-served basis.

5.2 A Member may use the waiting list function at www.makeittremble.com  in the event that the client’s first choice session is unavailable. If a Member joins the waiting list for a particular session and then books into that session their booking will be subject to the general Terms and Conditions. Member will be automatically added from the waitlist up to 8 hours prior to the start of class. Our 12 hour cancellation policy applies in section 5.4 applies and therefore member must remove themselves prior to those 12 hours if he/she does not want to be automatically added up to 8 hours prior to class.

5.3 Sessions are valid for (12) months from and including the date of purchase unless otherwise stated in the promotion, offer, or online booking system.

5.4 Any cancellation within 12 hours of class, will be considered a late cancel. If a client late cancels or is a no show and has reserved with a class pack or session, he/she will forfeit their credit. No shows/late cancellations on a membership, including 1 month unlimited, 1 week unlimited, 6 month memberships and any auto renew, will result in a $25 no show/late cancellation fee billed to the credit card on file.

5.5 If Member does not arrive at the start of the scheduled class time, Member forfeits their reservation and spot in class. If Member used a credit to book in, Member will forfeit their credit. If Member is on a monthly unlimited, 1 week unlimited, 6 month membership, or auto renew, Member will be charged a late fee of $25. All monthly members, weekly memberships, and auto renew members are required to keep an active card on file.

6. FITNESS AND HEALTH 

6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio. 

6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any). 

6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and well being. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor. 

6.4 The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities. 

6.4 Members are required to follow the instructions of the instructor at all times. 

7. LIMITATION OF LIABILITY 

7.1 The Company cannot be held responsible for any particular session, instructor and/or item of reformer equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion. 

7.2 It is the Member's responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional. 

7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion. 

7.4 In consideration of their participation in the activities and programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries, damages, or death resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities (including loss of a baby during pregnancy). 

8. USE OF FACILITIES 

8.1 A Member is entitled to use the Studio's facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company. 

9. PERSONAL BELONGINGS 

Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items. 

10. DRESS 

Members are requested to wear a form of dress appropriate to the practice of Pilates and the Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members are required to attend sessions in non-slip socks. Footwear should be removed in the entry area. 

11. SAFETY & HYGIENE 

11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds. 

11.2 Notwithstanding paragraph 11.1 above, Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints. 

11.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit. 

11.4 Smoking is forbidden in the Studio. 

12. GENERAL 

12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company. 

12.2 The Company reserves the right to refuse admission to the Studio.

12.3 The Company may assign the benefit of the Registration Process and a Member's membership to a third party at any time without notice to the Member. 

12.4 The Registration Process, including these terms and conditions, shall not be construed to grant any third-party beneficiary rights to any person. 

12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email. 

12.6 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members. 

12.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright. 

12.8 By opting in to any of our forms, you are agreeing to receive text messages, including automated text messages, from [TREMBLE] to the phone number you provided about [TREMBLE] services and related promotions and offers. Msg & data rates may apply. You can stop receiving text messages at any time by texting STOP.

13. WAIVER OF JURY TRIAL

13.1 THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS RELATING TO, ARISING OUT OF, BASED UPON, OR RESULTING FROM THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THE PARTIES HERETO RECOGNIZE AND AGREE THAT ANY SUCH CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN THE PARTIES WOULD INVOLVE DIFFICULT AND COMPLEX ISSUES THAT WOULD BE MORE APPROPRIATE TO TRY BEFORE AN ARBITRATOR OR A JUDGE WITHOUT A JURY.

14. MEDIATION AND ARBITRATION. 

14.1 Any controversy or claim relating to, arising out of, based upon, or resulting from to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute relating to, arising out of, based upon, or resulting from this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any mediation shall be held in South Reno, Nevada, or such other location as the parties may mutually agree. Mediation shall be completed within forty-five (45) days following delivery of notice to mediate, and the fees filed expenses of the mediator shall be paid half by each party. Arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules and Mediation Procedures, modified as follows: (l) the total time from date of demand for arbitration to final award shall not exceed forty-five (45) days; (2) the arbitrator shall be chosen by the AAA without submittal of lists and subject to challenge only for good cause shown; (3) the time, date and place of the hearing shall be set by the arbitrator in his or her sole discretion, provided that there be at least seven (7) days prior notice of the hearing; (4) there shall be no post-hearing briefs; and (5) the arbitrator shall issue his or her award within seven (7) days after the close of the hearing. The arbitration shall be held in South Reno, Nevada , or such other location as the parties may mutually agree. The decision of the arbitrator shall be binding on the parties, not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in South Reno, Nevada. The fees and expenses of the arbitrator shall be paid half by each party, but the arbitrator shall award the prevailing party's arbitration fees and expenses as a cost to the prevailing party in the arbitration award. The parties shall each hold harmless and indemnify the arbitrator from any claims arising in connection with the arbitration. No provision of, nor the exercise of any rights under, these policies governing mediation and arbitration will limit the parties' right to request and obtain provisional or ancillary remedies or relief, including temporary or permanent injunctive relief or to restrain or prevent any breach or default from any court having jurisdiction, before, during, or after the pendency of any arbitration. The prevailing party shall recover its costs and reasonable attorney's fees, which shall be determined and fixed by the arbitrator as part of the arbitration award, and in the case of any court proceeding seeking provisional or ancillary remedies or relief by the court (at all trial and appellate levels).

Caughlin Ranch:

1. INTERPRETATION AND VARIATION

1.1  EMN LLC (hereinafter referred to as the Company) reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. 

1.2 The Terms and Conditions will be governed by the laws of Nevada and subject to the exclusive jurisdiction of the Nevada courts. 

2. MEMBERSHIP
2.1 Subject to these terms and conditions, when a person has completed the online Registration he will become a Member of the Studio. 

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company. 

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company's reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended. 

2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions. 

2.5 Members must be eighteen (18) or over . 

3. STUDIO OPENING TIMES

Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.makeittremble.com 

4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.makeittremble.com or directly from the Studio and will be such prices as determined by the Company from time to time. 

4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session. 

4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. 

4.4 Credits and memberships purchased can only be used in the location it was purchased at and are non transferable across regions.

5. BOOKINGS AND CANCELLATIONS

5.1 Sessions are booked on a first-come first-served basis.

5.2 A Member may use the waiting list function at www.makeittremble.com  in the event that the client’s first choice session is unavailable. If a Member joins the waiting list for a particular session and then books into that session their booking will be subject to the general Terms and Conditions. Member will be automatically added from the waitlist up to 8 hours prior to the start of class. Our 12 hour cancellation policy applies in section 5.4 applies and therefore member must remove themselves prior to those 12 hours if he/she does not want to be automatically added up to 8 hours prior to class.

5.3 Sessions are valid for (12) months from and including the date of purchase unless otherwise stated in the promotion, offer, or online booking system.

5.4 Any cancellation within 12 hours of class, will be considered a late cancel. If a client late cancels or is a no show and has reserved with a class pack or session, he/she will forfeit their credit. No shows/late cancellations on a membership, including 1 month unlimited, 1 week unlimited, 6 month memberships and any auto renew, will result in a $25 no show/late cancellation fee billed to the credit card on file.

5.5 If Member does not arrive at the start of the scheduled class time, Member forfeits their reservation and spot in class. If Member used a credit to book in, Member will forfeit their credit. If Member is on a monthly unlimited, 1 week unlimited, 6 month membership, or auto renew, Member will be charged a late fee of $25. All monthly members, weekly memberships, and auto renew members are required to keep an active card on file.

6. FITNESS AND HEALTH 

6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio. 

6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any). 

6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and well being. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor. 

6.4 The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities. 

6.4 Members are required to follow the instructions of the instructor at all times. 

7. LIMITATION OF LIABILITY 

7.1 The Company cannot be held responsible for any particular session, instructor and/or item of reformer equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion. 

7.2 It is the Member's responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional. 

7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion. 

7.4 In consideration of their participation in the activities and programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries, damages, or death resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities (including loss of a baby during pregnancy). 

8. USE OF FACILITIES 

8.1 A Member is entitled to use the Studio's facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company. 

9. PERSONAL BELONGINGS 

Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items. 

10. DRESS 

Members are requested to wear a form of dress appropriate to the practice of Pilates and the Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members are required to attend sessions in non-slip socks. Footwear should be removed in the entry area. 

11. SAFETY & HYGIENE 

11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds. 

11.2 Notwithstanding paragraph 11.1 above, Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints. 

11.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit. 

11.4 Smoking is forbidden in the Studio. 

12. GENERAL 

12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company. 

12.2 The Company reserves the right to refuse admission to the Studio.

12.3 The Company may assign the benefit of the Registration Process and a Member's membership to a third party at any time without notice to the Member. 

12.4 The Registration Process, including these terms and conditions, shall not be construed to grant any third-party beneficiary rights to any person. 

12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email. 

12.6 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members. 

12.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright. 

12.8 By opting in to any of our forms, you are agreeing to receive text messages, including automated text messages, from [TREMBLE] to the phone number you provided about [TREMBLE] services and related promotions and offers. Msg & data rates may apply. You can stop receiving text messages at any time by texting STOP.

13. WAIVER OF JURY TRIAL

13.1 THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS RELATING TO, ARISING OUT OF, BASED UPON, OR RESULTING FROM THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THE PARTIES HERETO RECOGNIZE AND AGREE THAT ANY SUCH CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN THE PARTIES WOULD INVOLVE DIFFICULT AND COMPLEX ISSUES THAT WOULD BE MORE APPROPRIATE TO TRY BEFORE AN ARBITRATOR OR A JUDGE WITHOUT A JURY.

14. MEDIATION AND ARBITRATION. 

14.1 Any controversy or claim relating to, arising out of, based upon, or resulting from to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute relating to, arising out of, based upon, or resulting from this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any mediation shall be held in Reno, Nevada, or such other location as the parties may mutually agree. Mediation shall be completed within forty-five (45) days following delivery of notice to mediate, and the fees filed expenses of the mediator shall be paid half by each party. Arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules and Mediation Procedures, modified as follows: (l) the total time from date of demand for arbitration to final award shall not exceed forty-five (45) days; (2) the arbitrator shall be chosen by the AAA without submittal of lists and subject to challenge only for good cause shown; (3) the time, date and place of the hearing shall be set by the arbitrator in his or her sole discretion, provided that there be at least seven (7) days prior notice of the hearing; (4) there shall be no post-hearing briefs; and (5) the arbitrator shall issue his or her award within seven (7) days after the close of the hearing. The arbitration shall be held in Reno, NV, or such other location as the parties may mutually agree. The decision of the arbitrator shall be binding on the parties, not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Reno, Nevada. The fees and expenses of the arbitrator shall be paid half by each party, but the arbitrator shall award the prevailing party's arbitration fees and expenses as a cost to the prevailing party in the arbitration award. The parties shall each hold harmless and indemnify the arbitrator from any claims arising in connection with the arbitration. No provision of, nor the exercise of any rights under, these policies governing mediation and arbitration will limit the parties' right to request and obtain provisional or ancillary remedies or relief, including temporary or permanent injunctive relief or to restrain or prevent any breach or default from any court having jurisdiction, before, during, or after the pendency of any arbitration. The prevailing party shall recover its costs and reasonable attorney's fees, which shall be determined and fixed by the arbitrator as part of the arbitration award, and in the case of any court proceeding seeking provisional or ancillary remedies or relief by the court (at all trial and appellate levels).

NEW YORK STUDIOS:

1. INTERPRETATION AND VARIATION

1.1 TREMBLE SOHO INC (hereinafter referred to as TREMBLE NYC or the Company) reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. 

1.2 The Terms and Conditions will be governed by the laws of New York and subject to the exclusive jurisdiction of the Florida courts. 

2. MEMBERSHIP
2.1 Subject to these terms and conditions, when a person has completed the online Registration he will become a Member of the Studio. 

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company. 

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company's reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended. 

2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions. 

2.5 Members must be eighteen (18) or over . 

3. STUDIO OPENING TIMES

Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.makeittremble.com 

4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.makeittremble.com or directly from the Studio and will be such prices as determined by the Company from time to time. 

4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session. 

4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. 

4.4 Credits and memberships purchased can only be used in the location it was purchased at and are non transferable across regions.

5. BOOKINGS AND CANCELLATIONS

5.1 Sessions are booked on a first-come first-served basis.

5.2 A Member may use the waiting list function at www.makeittremble.com  in the event that the client’s first choice session is unavailable. If a Member joins the waiting list for a particular session and then books into that session their booking will be subject to the general Terms and Conditions. Member will be automatically added from the waitlist up to 8 hours prior to the start of class. Our 12 hour cancellation policy applies in section 5.4 applies and therefore member must remove themselves prior to those 12 hours if he/she does not want to be automatically added up to 8 hours prior to class.

5.3 Sessions are valid for (6) months from and including the date of purchase unless otherwise stated in the promotion, offer, or online booking system.

5.4 Any cancellation within 12 hours of class, will be considered a late cancel. If a client late cancels or is a no show and has reserved with a class pack or session, he/she will forfeit their credit. No shows/late cancellations on a membership, including 1 month unlimited, 1 week unlimited, 6 month memberships and any auto renew, will result in a $25 no show/late cancellation fee billed to the credit card on file.

5.5 If Member does not arrive at the start of the scheduled class time, Member forfeits their reservation and spot in class. If Member used a credit to book in, Member will forfeit their credit. If Member is on a monthly unlimited, 1 week unlimited, 6 month membership, or auto renew, Member will be charged a late fee of $25. All monthly members, weekly memberships, and auto renew members are required to keep an active card on file.

6. FITNESS AND HEALTH 

6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio. 

6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any). 

6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and well being. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor. 

6.4 The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities. 

6.4 Members are required to follow the instructions of the instructor at all times. 

7. LIMITATION OF LIABILITY 

7.1 The Company cannot be held responsible for any particular session, instructor and/or item of reformer equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion. 

7.2 It is the Member's responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional. 

7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion. 

7.4 In consideration of their participation in the activities and programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries, damages, or death resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities (including loss of a baby during pregnancy). 

8. USE OF FACILITIES 

8.1 A Member is entitled to use the Studio's facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company. 

9. PERSONAL BELONGINGS 

Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items. 

10. DRESS 

Members are requested to wear a form of dress appropriate to the practice of Pilates and the Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members are required to attend sessions in non-slip socks. Footwear should be removed in the entry area. 

11. SAFETY & HYGIENE 

11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds. 

11.2 Notwithstanding paragraph 11.1 above, Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints. 

11.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit. 

11.4 Smoking is forbidden in the Studio. 

12. GENERAL 

12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company. 

12.2 The Company reserves the right to refuse admission to the Studio.

12.3 The Company may assign the benefit of the Registration Process and a Member's membership to a third party at any time without notice to the Member. 

12.4 The Registration Process, including these terms and conditions, shall not be construed to grant any third-party beneficiary rights to any person. 

12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email. 

12.6 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members. 

12.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright. 

12.8 By opting in to any of our forms, you are agreeing to receive text messages, including automated text messages, from [TREMBLE] to the phone number you provided about [TREMBLE] services and related promotions and offers. Msg & data rates may apply. You can stop receiving text messages at any time by texting STOP.

13. WAIVER OF JURY TRIAL

13.1 THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS RELATING TO, ARISING OUT OF, BASED UPON, OR RESULTING FROM THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THE PARTIES HERETO RECOGNIZE AND AGREE THAT ANY SUCH CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN THE PARTIES WOULD INVOLVE DIFFICULT AND COMPLEX ISSUES THAT WOULD BE MORE APPROPRIATE TO TRY BEFORE AN ARBITRATOR OR A JUDGE WITHOUT A JURY.

14. MEDIATION AND ARBITRATION. 

14.1 Any controversy or claim relating to, arising out of, based upon, or resulting from to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute relating to, arising out of, based upon, or resulting from this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any mediation shall be held in Miami-Dade, Florida, or such other location as the parties may mutually agree. Mediation shall be completed within forty-five (45) days following delivery of notice to mediate, and the fees filed expenses of the mediator shall be paid half by each party. Arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules and Mediation Procedures, modified as follows: (l) the total time from date of demand for arbitration to final award shall not exceed forty-five (45) days; (2) the arbitrator shall be chosen by the AAA without submittal of lists and subject to challenge only for good cause shown; (3) the time, date and place of the hearing shall be set by the arbitrator in his or her sole discretion, provided that there be at least seven (7) days prior notice of the hearing; (4) there shall be no post-hearing briefs; and (5) the arbitrator shall issue his or her award within seven (7) days after the close of the hearing. The arbitration shall be held in Miami-Dade, Florida, or such other location as the parties may mutually agree. The decision of the arbitrator shall be binding on the parties, not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Miami Dade County, Florida. The fees and expenses of the arbitrator shall be paid half by each party, but the arbitrator shall award the prevailing party's arbitration fees and expenses as a cost to the prevailing party in the arbitration award. The parties shall each hold harmless and indemnify the arbitrator from any claims arising in connection with the arbitration. No provision of, nor the exercise of any rights under, these policies governing mediation and arbitration will limit the parties' right to request and obtain provisional or ancillary remedies or relief, including temporary or permanent injunctive relief or to restrain or prevent any breach or default from any court having jurisdiction, before, during, or after the pendency of any arbitration. The prevailing party shall recover its costs and reasonable attorney's fees, which shall be determined and fixed by the arbitrator as part of the arbitration award, and in the case of any court proceeding seeking provisional or ancillary remedies or relief by the court (at all trial and appellate levels).

LOUISIANA STUDIOS:

1. INTERPRETATION AND VARIATION

1.1 BCP FITNESS LLC and TWO BOYS FITNESS LLC (hereinafter referred to as TREMBLE LAFAYETTE, TREMBLE BROUSSARD, or the Company) reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. 

1.2 The Terms and Conditions will be governed by the laws of New York and subject to the exclusive jurisdiction of the Florida courts. 

2. MEMBERSHIP
2.1 Subject to these terms and conditions, when a person has completed the online Registration he will become a Member of the Studio. 

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company. 

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company's reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended. 

2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions. 

2.5 Members must be eighteen (18) or over . 

3. STUDIO OPENING TIMES

Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.makeittremble.com 

4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.makeittremble.com or directly from the Studio and will be such prices as determined by the Company from time to time. 

4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session. 

4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. 

4.4 Credits and memberships purchased can only be used in the location it was purchased at and are non transferable across regions.

5. BOOKINGS AND CANCELLATIONS

5.1 Sessions are booked on a first-come first-served basis.

5.2 A Member may use the waiting list function at www.makeittremble.com  in the event that the client’s first choice session is unavailable. If a Member joins the waiting list for a particular session and then books into that session their booking will be subject to the general Terms and Conditions. Member will be automatically added from the waitlist up to 8 hours prior to the start of class. Our 12 hour cancellation policy applies in section 5.4 applies and therefore member must remove themselves prior to those 12 hours if he/she does not want to be automatically added up to 8 hours prior to class.

5.3 Sessions are valid for (12) months from and including the date of purchase unless otherwise stated in the promotion, offer, or online booking system.

5.4 Any cancellation within 12 hours of class, will be considered a late cancel. If a client late cancels or is a no show and has reserved with a class pack or session, he/she will forfeit their credit. No shows/late cancellations on a membership, including 1 month unlimited, 1 week unlimited, 6 month memberships and any auto renew, will result in a $20 no show/late cancellation fee billed to the credit card on file.

5.5 If Member does not arrive at the start of the scheduled class time, Member forfeits their reservation and spot in class. If Member used a credit to book in, Member will forfeit their credit. If Member is on a monthly unlimited, 1 week unlimited, 6 month membership, or auto renew, Member will be charged a late fee of $20. All monthly members, weekly memberships, and auto renew members are required to keep an active card on file.

6. FITNESS AND HEALTH 

6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio. 

6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any). 

6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and well being. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor. 

6.4 The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities. 

6.4 Members are required to follow the instructions of the instructor at all times. 

7. LIMITATION OF LIABILITY 

7.1 The Company cannot be held responsible for any particular session, instructor and/or item of reformer equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion. 

7.2 It is the Member's responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional. 

7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion. 

7.4 In consideration of their participation in the activities and programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries, damages, or death resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities (including loss of a baby during pregnancy). 

8. USE OF FACILITIES 

8.1 A Member is entitled to use the Studio's facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company. 

9. PERSONAL BELONGINGS 

Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items. 

10. DRESS 

Members are requested to wear a form of dress appropriate to the practice of Pilates and the Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members are required to attend sessions in non-slip socks. Footwear should be removed in the entry area. 

11. SAFETY & HYGIENE 

11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds. 

11.2 Notwithstanding paragraph 11.1 above, Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints. 

11.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit. 

11.4 Smoking is forbidden in the Studio. 

12. GENERAL 

12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company. 

12.2 The Company reserves the right to refuse admission to the Studio.

12.3 The Company may assign the benefit of the Registration Process and a Member's membership to a third party at any time without notice to the Member. 

12.4 The Registration Process, including these terms and conditions, shall not be construed to grant any third-party beneficiary rights to any person. 

12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email. 

12.6 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members. 

12.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright. 

12.8 By opting in to any of our forms, you are agreeing to receive text messages, including automated text messages, from [TREMBLE] to the phone number you provided about [TREMBLE] services and related promotions and offers. Msg & data rates may apply. You can stop receiving text messages at any time by texting STOP.

13. WAIVER OF JURY TRIAL

13.1 THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS RELATING TO, ARISING OUT OF, BASED UPON, OR RESULTING FROM THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THE PARTIES HERETO RECOGNIZE AND AGREE THAT ANY SUCH CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN THE PARTIES WOULD INVOLVE DIFFICULT AND COMPLEX ISSUES THAT WOULD BE MORE APPROPRIATE TO TRY BEFORE AN ARBITRATOR OR A JUDGE WITHOUT A JURY.

14. MEDIATION AND ARBITRATION. 

14.1 Any controversy or claim relating to, arising out of, based upon, or resulting from to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute relating to, arising out of, based upon, or resulting from this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any mediation shall be held in Lousiana, or such other location as the parties may mutually agree. Mediation shall be completed within forty-five (45) days following delivery of notice to mediate, and the fees filed expenses of the mediator shall be paid half by each party. Arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules and Mediation Procedures, modified as follows: (l) the total time from date of demand for arbitration to final award shall not exceed forty-five (45) days; (2) the arbitrator shall be chosen by the AAA without submittal of lists and subject to challenge only for good cause shown; (3) the time, date and place of the hearing shall be set by the arbitrator in his or her sole discretion, provided that there be at least seven (7) days prior notice of the hearing; (4) there shall be no post-hearing briefs; and (5) the arbitrator shall issue his or her award within seven (7) days after the close of the hearing. The arbitration shall be held in Lafayette, Lousiana, or such other location as the parties may mutually agree. The decision of the arbitrator shall be binding on the parties, not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Broussard or Lafayatte, Louisiana. The fees and expenses of the arbitrator shall be paid half by each party, but the arbitrator shall award the prevailing party's arbitration fees and expenses as a cost to the prevailing party in the arbitration award. The parties shall each hold harmless and indemnify the arbitrator from any claims arising in connection with the arbitration. No provision of, nor the exercise of any rights under, these policies governing mediation and arbitration will limit the parties' right to request and obtain provisional or ancillary remedies or relief, including temporary or permanent injunctive relief or to restrain or prevent any breach or default from any court having jurisdiction, before, during, or after the pendency of any arbitration. The prevailing party shall recover its costs and reasonable attorney's fees, which shall be determined and fixed by the arbitrator as part of the arbitration award, and in the case of any court proceeding seeking provisional or ancillary remedies or relief by the court (at all trial and appellate levels).

PALM BEACH COUNTY STUDIOS:

EAST BOCA, FLORIDA

1. INTERPRETATION AND VARIATION

1.1  Boca State of Mind LLC (hereinafter referred to as TREMBLE BOCA or the Company) reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. 

1.2 The Terms and Conditions will be governed by the laws of Florida and subject to the exclusive jurisdiction of the Florida courts. 

2. MEMBERSHIP
2.1 Subject to these terms and conditions, when a person has completed the online Registration he will become a Member of the Studio. 

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company. 

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company's reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended. 

2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions. 

2.5 Members must be eighteen (18) or over . 

3. STUDIO OPENING TIMES

Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.makeittremble.com 

4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.makeittremble.com or directly from the Studio and will be such prices as determined by the Company from time to time. 

4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session. 

4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. 

4.4 Credits and memberships purchased can only be used in the location it was purchased at and are non transferable across regions.

5. BOOKINGS AND CANCELLATIONS

5.1 Sessions are booked on a first-come first-served basis.

5.2 A Member may use the waiting list function at www.makeittremble.com  in the event that the client’s first choice session is unavailable. If a Member joins the waiting list for a particular session and then books into that session their booking will be subject to the general Terms and Conditions. Member will be automatically added from the waitlist up to 8 hours prior to the start of class. Our 12 hour cancellation policy applies in section 5.4 applies and therefore member must remove themselves prior to those 12 hours if he/she does not want to be automatically added up to 8 hours prior to class.

5.3 Sessions are valid for (12) months from and including the date of purchase unless otherwise stated in the promotion, offer, or online booking system.

5.4 Any cancellation within 12 hours of class, will be considered a late cancel. If a client late cancels or is a no show and has reserved with a class pack or session, he/she will forfeit their credit. No shows/late cancellations on a membership, including 1 month unlimited, 1 week unlimited, 6 month memberships and any auto renew, will result in a $25 no show/late cancellation fee billed to the credit card on file.

5.5 If Member does not arrive at the start of the scheduled class time, Member forfeits their reservation and spot in class. If Member used a credit to book in, Member will forfeit their credit. If Member is on a monthly unlimited, 1 week unlimited, 6 month membership, or auto renew, Member will be charged a late fee of $25. All monthly members, weekly memberships, and auto renew members are required to keep an active card on file.

6. FITNESS AND HEALTH 

6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio. 

6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any). 

6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and well being. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor. 

6.4 The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities. 

6.4 Members are required to follow the instructions of the instructor at all times. 

7. LIMITATION OF LIABILITY 

7.1 The Company cannot be held responsible for any particular session, instructor and/or item of reformer equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion. 

7.2 It is the Member's responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional. 

7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion. 

7.4 In consideration of their participation in the activities and programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries, damages, or death resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities (including loss of a baby during pregnancy). 

8. USE OF FACILITIES 

8.1 A Member is entitled to use the Studio's facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company. 

9. PERSONAL BELONGINGS 

Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items. 

10. DRESS 

Members are requested to wear a form of dress appropriate to the practice of Pilates and the Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members are required to attend sessions in non-slip socks. Footwear should be removed in the entry area. 

11. SAFETY & HYGIENE 

11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds. 

11.2 Notwithstanding paragraph 11.1 above, Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints. 

11.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit. 

11.4 Smoking is forbidden in the Studio. 

12. GENERAL 

12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company. 

12.2 The Company reserves the right to refuse admission to the Studio.

12.3 The Company may assign the benefit of the Registration Process and a Member's membership to a third party at any time without notice to the Member. 

12.4 The Registration Process, including these terms and conditions, shall not be construed to grant any third-party beneficiary rights to any person. 

12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email. 

12.6 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members. 

12.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright. 

12.8 By opting in to any of our forms, you are agreeing to receive text messages, including automated text messages, from [TREMBLE] to the phone number you provided about [TREMBLE] services and related promotions and offers. Msg & data rates may apply. You can stop receiving text messages at any time by texting STOP.

13. WAIVER OF JURY TRIAL

13.1 THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS RELATING TO, ARISING OUT OF, BASED UPON, OR RESULTING FROM THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THE PARTIES HERETO RECOGNIZE AND AGREE THAT ANY SUCH CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN THE PARTIES WOULD INVOLVE DIFFICULT AND COMPLEX ISSUES THAT WOULD BE MORE APPROPRIATE TO TRY BEFORE AN ARBITRATOR OR A JUDGE WITHOUT A JURY.

14. MEDIATION AND ARBITRATION. 

14.1 Any controversy or claim relating to, arising out of, based upon, or resulting from to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute relating to, arising out of, based upon, or resulting from this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any mediation shall be held in Palm Beach County, Florida, or such other location as the parties may mutually agree. Mediation shall be completed within forty-five (45) days following delivery of notice to mediate, and the fees filed expenses of the mediator shall be paid half by each party. Arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules and Mediation Procedures, modified as follows: (l) the total time from date of demand for arbitration to final award shall not exceed forty-five (45) days; (2) the arbitrator shall be chosen by the AAA without submittal of lists and subject to challenge only for good cause shown; (3) the time, date and place of the hearing shall be set by the arbitrator in his or her sole discretion, provided that there be at least seven (7) days prior notice of the hearing; (4) there shall be no post-hearing briefs; and (5) the arbitrator shall issue his or her award within seven (7) days after the close of the hearing. The arbitration shall be held in Palm Beach County, Florida, or such other location as the parties may mutually agree. The decision of the arbitrator shall be binding on the parties, not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Palm Beach County, Florida. The fees and expenses of the arbitrator shall be paid half by each party, but the arbitrator shall award the prevailing party's arbitration fees and expenses as a cost to the prevailing party in the arbitration award. The parties shall each hold harmless and indemnify the arbitrator from any claims arising in connection with the arbitration. No provision of, nor the exercise of any rights under, these policies governing mediation and arbitration will limit the parties' right to request and obtain provisional or ancillary remedies or relief, including temporary or permanent injunctive relief or to restrain or prevent any breach or default from any court having jurisdiction, before, during, or after the pendency of any arbitration. The prevailing party shall recover its costs and reasonable attorney's fees, which shall be determined and fixed by the arbitrator as part of the arbitration award, and in the case of any court proceeding seeking provisional or ancillary remedies or relief by the court (at all trial and appellate levels).

WEST PALM BEACH, FLORIDA

1. INTERPRETATION AND VARIATION

1.1 West Palm State of Mind LLC (hereinafter referred to as TREMBLE WEST PALM or the Company) reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. 

1.2 The Terms and Conditions will be governed by the laws of Florida and subject to the exclusive jurisdiction of the Florida courts. 

2. MEMBERSHIP
2.1 Subject to these terms and conditions, when a person has completed the online Registration he will become a Member of the Studio. 

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company. 

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company's reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended. 

2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions. 

2.5 Members must be eighteen (18) or over . 

3. STUDIO OPENING TIMES

Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.makeittremble.com 

4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.makeittremble.com or directly from the Studio and will be such prices as determined by the Company from time to time. 

4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session. 

4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. 

4.4 Credits and memberships purchased can only be used in the location it was purchased at and are non transferable across regions.

5. BOOKINGS AND CANCELLATIONS

5.1 Sessions are booked on a first-come first-served basis.

5.2 A Member may use the waiting list function at www.makeittremble.com  in the event that the client’s first choice session is unavailable. If a Member joins the waiting list for a particular session and then books into that session their booking will be subject to the general Terms and Conditions. Member will be automatically added from the waitlist up to 8 hours prior to the start of class. Our 12 hour cancellation policy applies in section 5.4 applies and therefore member must remove themselves prior to those 12 hours if he/she does not want to be automatically added up to 8 hours prior to class.

5.3 Sessions are valid for (12) months from and including the date of purchase unless otherwise stated in the promotion, offer, or online booking system.

5.4 Any cancellation within 12 hours of class, will be considered a late cancel. If a client late cancels or is a no show and has reserved with a class pack or session, he/she will forfeit their credit. No shows/late cancellations on a membership, including 1 month unlimited, 1 week unlimited, 6 month memberships and any auto renew, will result in a $25 no show/late cancellation fee billed to the credit card on file.

5.5 If Member does not arrive at the start of the scheduled class time, Member forfeits their reservation and spot in class. If Member used a credit to book in, Member will forfeit their credit. If Member is on a monthly unlimited, 1 week unlimited, 6 month membership, or auto renew, Member will be charged a late fee of $25. All monthly members, weekly memberships, and auto renew members are required to keep an active card on file.

6. FITNESS AND HEALTH 

6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio. 

6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any). 

6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and well being. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor. 

6.4 The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities. 

6.4 Members are required to follow the instructions of the instructor at all times. 

7. LIMITATION OF LIABILITY 

7.1 The Company cannot be held responsible for any particular session, instructor and/or item of reformer equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion. 

7.2 It is the Member's responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional. 

7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion. 

7.4 In consideration of their participation in the activities and programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries, damages, or death resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities (including loss of a baby during pregnancy). 

8. USE OF FACILITIES 

8.1 A Member is entitled to use the Studio's facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company. 

9. PERSONAL BELONGINGS 

Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items. 

10. DRESS 

Members are requested to wear a form of dress appropriate to the practice of Pilates and the Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members are required to attend sessions in non-slip socks. Footwear should be removed in the entry area. 

11. SAFETY & HYGIENE 

11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds. 

11.2 Notwithstanding paragraph 11.1 above, Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints. 

11.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit. 

11.4 Smoking is forbidden in the Studio. 

12. GENERAL 

12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company. 

12.2 The Company reserves the right to refuse admission to the Studio.

12.3 The Company may assign the benefit of the Registration Process and a Member's membership to a third party at any time without notice to the Member. 

12.4 The Registration Process, including these terms and conditions, shall not be construed to grant any third-party beneficiary rights to any person. 

12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email. 

12.6 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members. 

12.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright. 

12.8 By opting in to any of our forms, you are agreeing to receive text messages, including automated text messages, from [TREMBLE] to the phone number you provided about [TREMBLE] services and related promotions and offers. Msg & data rates may apply. You can stop receiving text messages at any time by texting STOP.

13. WAIVER OF JURY TRIAL

13.1 THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS RELATING TO, ARISING OUT OF, BASED UPON, OR RESULTING FROM THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THE PARTIES HERETO RECOGNIZE AND AGREE THAT ANY SUCH CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN THE PARTIES WOULD INVOLVE DIFFICULT AND COMPLEX ISSUES THAT WOULD BE MORE APPROPRIATE TO TRY BEFORE AN ARBITRATOR OR A JUDGE WITHOUT A JURY.

14. MEDIATION AND ARBITRATION. 

14.1 Any controversy or claim relating to, arising out of, based upon, or resulting from to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute relating to, arising out of, based upon, or resulting from this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any mediation shall be held in Palm Beach County, Florida, or such other location as the parties may mutually agree. Mediation shall be completed within forty-five (45) days following delivery of notice to mediate, and the fees filed expenses of the mediator shall be paid half by each party. Arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules and Mediation Procedures, modified as follows: (l) the total time from date of demand for arbitration to final award shall not exceed forty-five (45) days; (2) the arbitrator shall be chosen by the AAA without submittal of lists and subject to challenge only for good cause shown; (3) the time, date and place of the hearing shall be set by the arbitrator in his or her sole discretion, provided that there be at least seven (7) days prior notice of the hearing; (4) there shall be no post-hearing briefs; and (5) the arbitrator shall issue his or her award within seven (7) days after the close of the hearing. The arbitration shall be held in Palm Beach County, Florida, or such other location as the parties may mutually agree. The decision of the arbitrator shall be binding on the parties, not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Palm Beach County, Florida. The fees and expenses of the arbitrator shall be paid half by each party, but the arbitrator shall award the prevailing party's arbitration fees and expenses as a cost to the prevailing party in the arbitration award. The parties shall each hold harmless and indemnify the arbitrator from any claims arising in connection with the arbitration. No provision of, nor the exercise of any rights under, these policies governing mediation and arbitration will limit the parties' right to request and obtain provisional or ancillary remedies or relief, including temporary or permanent injunctive relief or to restrain or prevent any breach or default from any court having jurisdiction, before, during, or after the pendency of any arbitration. The prevailing party shall recover its costs and reasonable attorney's fees, which shall be determined and fixed by the arbitrator as part of the arbitration award, and in the case of any court proceeding seeking provisional or ancillary remedies or relief by the court (at all trial and appellate levels).

JUPITER, FLORIDA

1. INTERPRETATION AND VARIATION

1.1 Jupitr State of Mind LLC (hereinafter referred to as TREMBLE WEST PALM or the Company) reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. 

1.2 The Terms and Conditions will be governed by the laws of Florida and subject to the exclusive jurisdiction of the Florida courts. 

2. MEMBERSHIP
2.1 Subject to these terms and conditions, when a person has completed the online Registration he will become a Member of the Studio. 

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company. 

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company's reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended. 

2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions. 

2.5 Members must be eighteen (18) or over . 

3. STUDIO OPENING TIMES

Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.makeittremble.com 

4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.makeittremble.com or directly from the Studio and will be such prices as determined by the Company from time to time. 

4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session. 

4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. 

4.4 Credits and memberships purchased can only be used in the location it was purchased at and are non transferable across regions.

5. BOOKINGS AND CANCELLATIONS

5.1 Sessions are booked on a first-come first-served basis.

5.2 A Member may use the waiting list function at www.makeittremble.com  in the event that the client’s first choice session is unavailable. If a Member joins the waiting list for a particular session and then books into that session their booking will be subject to the general Terms and Conditions. Member will be automatically added from the waitlist up to 8 hours prior to the start of class. Our 12 hour cancellation policy applies in section 5.4 applies and therefore member must remove themselves prior to those 12 hours if he/she does not want to be automatically added up to 8 hours prior to class.

5.3 Sessions are valid for (12) months from and including the date of purchase unless otherwise stated in the promotion, offer, or online booking system.

5.4 Any cancellation within 12 hours of class, will be considered a late cancel. If a client late cancels or is a no show and has reserved with a class pack or session, he/she will forfeit their credit. No shows/late cancellations on a membership, including 1 month unlimited, 1 week unlimited, 6 month memberships and any auto renew, will result in a $25 no show/late cancellation fee billed to the credit card on file.

5.5 If Member does not arrive at the start of the scheduled class time, Member forfeits their reservation and spot in class. If Member used a credit to book in, Member will forfeit their credit. If Member is on a monthly unlimited, 1 week unlimited, 6 month membership, or auto renew, Member will be charged a late fee of $25. All monthly members, weekly memberships, and auto renew members are required to keep an active card on file.

6. FITNESS AND HEALTH 

6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio. 

6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any). 

6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and well being. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor. 

6.4 The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities. 

6.4 Members are required to follow the instructions of the instructor at all times. 

7. LIMITATION OF LIABILITY 

7.1 The Company cannot be held responsible for any particular session, instructor and/or item of reformer equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion. 

7.2 It is the Member's responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional. 

7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion. 

7.4 In consideration of their participation in the activities and programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries, damages, or death resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities (including loss of a baby during pregnancy). 

8. USE OF FACILITIES 

8.1 A Member is entitled to use the Studio's facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company. 

9. PERSONAL BELONGINGS 

Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items. 

10. DRESS 

Members are requested to wear a form of dress appropriate to the practice of Pilates and the Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members are required to attend sessions in non-slip socks. Footwear should be removed in the entry area. 

11. SAFETY & HYGIENE 

11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds. 

11.2 Notwithstanding paragraph 11.1 above, Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints. 

11.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit. 

11.4 Smoking is forbidden in the Studio. 

12. GENERAL 

12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company. 

12.2 The Company reserves the right to refuse admission to the Studio.

12.3 The Company may assign the benefit of the Registration Process and a Member's membership to a third party at any time without notice to the Member. 

12.4 The Registration Process, including these terms and conditions, shall not be construed to grant any third-party beneficiary rights to any person. 

12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email. 

12.6 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members. 

12.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright. 

12.8 By opting in to any of our forms, you are agreeing to receive text messages, including automated text messages, from [TREMBLE] to the phone number you provided about [TREMBLE] services and related promotions and offers. Msg & data rates may apply. You can stop receiving text messages at any time by texting STOP.

13. WAIVER OF JURY TRIAL

13.1 THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS RELATING TO, ARISING OUT OF, BASED UPON, OR RESULTING FROM THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THE PARTIES HERETO RECOGNIZE AND AGREE THAT ANY SUCH CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN THE PARTIES WOULD INVOLVE DIFFICULT AND COMPLEX ISSUES THAT WOULD BE MORE APPROPRIATE TO TRY BEFORE AN ARBITRATOR OR A JUDGE WITHOUT A JURY.

14. MEDIATION AND ARBITRATION. 

14.1 Any controversy or claim relating to, arising out of, based upon, or resulting from to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute relating to, arising out of, based upon, or resulting from this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any mediation shall be held in Palm Beach County, Florida, or such other location as the parties may mutually agree. Mediation shall be completed within forty-five (45) days following delivery of notice to mediate, and the fees filed expenses of the mediator shall be paid half by each party. Arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules and Mediation Procedures, modified as follows: (l) the total time from date of demand for arbitration to final award shall not exceed forty-five (45) days; (2) the arbitrator shall be chosen by the AAA without submittal of lists and subject to challenge only for good cause shown; (3) the time, date and place of the hearing shall be set by the arbitrator in his or her sole discretion, provided that there be at least seven (7) days prior notice of the hearing; (4) there shall be no post-hearing briefs; and (5) the arbitrator shall issue his or her award within seven (7) days after the close of the hearing. The arbitration shall be held in Palm Beach County, Florida, or such other location as the parties may mutually agree. The decision of the arbitrator shall be binding on the parties, not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Palm Beach County, Florida. The fees and expenses of the arbitrator shall be paid half by each party, but the arbitrator shall award the prevailing party's arbitration fees and expenses as a cost to the prevailing party in the arbitration award. The parties shall each hold harmless and indemnify the arbitrator from any claims arising in connection with the arbitration. No provision of, nor the exercise of any rights under, these policies governing mediation and arbitration will limit the parties' right to request and obtain provisional or ancillary remedies or relief, including temporary or permanent injunctive relief or to restrain or prevent any breach or default from any court having jurisdiction, before, during, or after the pendency of any arbitration. The prevailing party shall recover its costs and reasonable attorney's fees, which shall be determined and fixed by the arbitrator as part of the arbitration award, and in the case of any court proceeding seeking provisional or ancillary remedies or relief by the court (at all trial and appellate levels).

DORAL STUDIOS, FL:

1. INTERPRETATION AND VARIATION

1.1 GEM23 LLC (hereinafter referred to as TREMBLE DORAL or the Company ) reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. 

1.2 The Terms and Conditions will be governed by the laws of Florida and subject to the exclusive jurisdiction of the Florida courts.  I also understand TREMBLE DORAL is a distinct entity from the Miami Studios despite the subheader on the TREMBLE STUDIOS app.

2. MEMBERSHIP
2.1 Subject to these terms and conditions, when a person has completed the online Registration he will become a Member of the Studio. 

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company. 

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company's reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended. 

2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions. 

2.5 Members must be eighteen (18) or over . 

3. STUDIO OPENING TIMES

Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.makeittremble.com 

4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.makeittremble.com or directly from the Studio and will be such prices as determined by the Company from time to time. 

4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session. 

4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. 

4.4 Credits and memberships purchased can only be used in the location it was purchased at and are non transferable across regions.

5. BOOKINGS AND CANCELLATIONS

5.1 Sessions are booked on a first-come first-served basis.

5.2 A Member may use the waiting list function at www.makeittremble.com  in the event that the client’s first choice session is unavailable. If a Member joins the waiting list for a particular session and then books into that session their booking will be subject to the general Terms and Conditions. Member will be automatically added from the waitlist up to 8 hours prior to the start of class. Our 12 hour cancellation policy applies in section 5.4 applies and therefore member must remove themselves prior to those 12 hours if he/she does not want to be automatically added up to 8 hours prior to class.

5.3 Sessions are valid for (12) months from and including the date of purchase unless otherwise stated in the promotion, offer, or online booking system.

5.4 Any cancellation within 12 hours of class, will be considered a late cancel. If a client late cancels or is a no show and has reserved with a class pack or session, he/she will forfeit their credit. No shows/late cancellations on a membership, including 1 month unlimited, 1 week unlimited, 6 month memberships and any auto renew, will result in a $25 no show/late cancellation fee billed to the credit card on file.

5.5 If Member does not arrive at the start of the scheduled class time, Member forfeits their reservation and spot in class. If Member used a credit to book in, Member will forfeit their credit. If Member is on a monthly unlimited, 1 week unlimited, 6 month membership, or auto renew, Member will be charged a late fee of $25. All monthly members, weekly memberships, and auto renew members are required to keep an active card on file.

6. FITNESS AND HEALTH 

6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio. 

6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any). 

6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and well being. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor. 

6.4 The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities. 

6.4 Members are required to follow the instructions of the instructor at all times. 

7. LIMITATION OF LIABILITY 

7.1 The Company cannot be held responsible for any particular session, instructor and/or item of reformer equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion. 

7.2 It is the Member's responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional. 

7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion. 

7.4 In consideration of their participation in the activities and programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries, damages, or death resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities (including loss of a baby during pregnancy). 

8. USE OF FACILITIES 

8.1 A Member is entitled to use the Studio's facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company. 

9. PERSONAL BELONGINGS 

Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items. 

10. DRESS 

Members are requested to wear a form of dress appropriate to the practice of Pilates and the Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members are required to attend sessions in non-slip socks. Footwear should be removed in the entry area. 

11. SAFETY & HYGIENE 

11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds. 

11.2 Notwithstanding paragraph 11.1 above, Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints. 

11.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit. 

11.4 Smoking is forbidden in the Studio. 

12. GENERAL 

12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company. 

12.2 The Company reserves the right to refuse admission to the Studio.

12.3 The Company may assign the benefit of the Registration Process and a Member's membership to a third party at any time without notice to the Member. 

12.4 The Registration Process, including these terms and conditions, shall not be construed to grant any third-party beneficiary rights to any person. 

12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email. 

12.6 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members. 

12.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright. 

12.8 By opting in to any of our forms, you are agreeing to receive text messages, including automated text messages, from [TREMBLE] to the phone number you provided about [TREMBLE] services and related promotions and offers. Msg & data rates may apply. You can stop receiving text messages at any time by texting STOP.

13. WAIVER OF JURY TRIAL

13.1 THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS RELATING TO, ARISING OUT OF, BASED UPON, OR RESULTING FROM THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THE PARTIES HERETO RECOGNIZE AND AGREE THAT ANY SUCH CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN THE PARTIES WOULD INVOLVE DIFFICULT AND COMPLEX ISSUES THAT WOULD BE MORE APPROPRIATE TO TRY BEFORE AN ARBITRATOR OR A JUDGE WITHOUT A JURY.

14. MEDIATION AND ARBITRATION. 

14.1 Any controversy or claim relating to, arising out of, based upon, or resulting from to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute relating to, arising out of, based upon, or resulting from this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any mediation shall be held in Miami-Dade, Florida, or such other location as the parties may mutually agree. Mediation shall be completed within forty-five (45) days following delivery of notice to mediate, and the fees filed expenses of the mediator shall be paid half by each party. Arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules and Mediation Procedures, modified as follows: (l) the total time from date of demand for arbitration to final award shall not exceed forty-five (45) days; (2) the arbitrator shall be chosen by the AAA without submittal of lists and subject to challenge only for good cause shown; (3) the time, date and place of the hearing shall be set by the arbitrator in his or her sole discretion, provided that there be at least seven (7) days prior notice of the hearing; (4) there shall be no post-hearing briefs; and (5) the arbitrator shall issue his or her award within seven (7) days after the close of the hearing. The arbitration shall be held in Miami-Dade, Florida, or such other location as the parties may mutually agree. The decision of the arbitrator shall be binding on the parties, not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Miami Dade County, Florida. The fees and expenses of the arbitrator shall be paid half by each party, but the arbitrator shall award the prevailing party's arbitration fees and expenses as a cost to the prevailing party in the arbitration award. The parties shall each hold harmless and indemnify the arbitrator from any claims arising in connection with the arbitration. No provision of, nor the exercise of any rights under, these policies governing mediation and arbitration will limit the parties' right to request and obtain provisional or ancillary remedies or relief, including temporary or permanent injunctive relief or to restrain or prevent any breach or default from any court having jurisdiction, before, during, or after the pendency of any arbitration. The prevailing party shall recover its costs and reasonable attorney's fees, which shall be determined and fixed by the arbitrator as part of the arbitration award, and in the case of any court proceeding seeking provisional or ancillary remedies or relief by the court (at all trial and appellate levels).

FORT LAUDERDALE, FL STUDIOS

1. INTERPRETATION AND VARIATION

1.1 TREMBLE FTL LLC (hereinafter referred to as TREMBLE FTL or the Company) reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. 

1.2 The Terms and Conditions will be governed by the laws of Florida and subject to the exclusive jurisdiction of the Florida courts. 

2. MEMBERSHIP
2.1 Subject to these terms and conditions, when a person has completed the online Registration he will become a Member of the Studio. 

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company. 

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company's reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended. 

2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions. 

2.5 Members must be eighteen (18) or over . 

3. STUDIO OPENING TIMES

Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.makeittremble.com 

4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.makeittremble.com or directly from the Studio and will be such prices as determined by the Company from time to time. 

4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session. 

4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. 

4.4 Credits and memberships purchased can only be used in the location it was purchased at and are non transferable across regions.

5. BOOKINGS AND CANCELLATIONS

5.1 Sessions are booked on a first-come first-served basis.

5.2 A Member may use the waiting list function at www.makeittremble.com  in the event that the client’s first choice session is unavailable. If a Member joins the waiting list for a particular session and then books into that session their booking will be subject to the general Terms and Conditions. Member will be automatically added from the waitlist up to 8 hours prior to the start of class. Our 12 hour cancellation policy applies in section 5.4 applies and therefore member must remove themselves prior to those 12 hours if he/she does not want to be automatically added up to 8 hours prior to class.

5.3 Sessions are valid for (12) months from and including the date of purchase unless otherwise stated in the promotion, offer, or online booking system.

5.4 Any cancellation within 12 hours of class, will be considered a late cancel. If a client late cancels or is a no show and has reserved with a class pack or session, he/she will forfeit their credit. No shows/late cancellations on a membership, including 1 month unlimited, 1 week unlimited, 6 month memberships and any auto renew, will result in a $25 no show/late cancellation fee billed to the credit card on file.

5.5 If Member does not arrive at the start of the scheduled class time, Member forfeits their reservation and spot in class. If Member used a credit to book in, Member will forfeit their credit. If Member is on a monthly unlimited, 1 week unlimited, 6 month membership, or auto renew, Member will be charged a late fee of $25. All monthly members, weekly memberships, and auto renew members are required to keep an active card on file.

6. FITNESS AND HEALTH 

6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio. 

6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any). 

6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and well being. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor. 

6.4 The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities. 

6.4 Members are required to follow the instructions of the instructor at all times. 

7. LIMITATION OF LIABILITY 

7.1 The Company cannot be held responsible for any particular session, instructor and/or item of reformer equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion. 

7.2 It is the Member's responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional. 

7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion. 

7.4 In consideration of their participation in the activities and programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries, damages, or death resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities (including loss of a baby during pregnancy). 

8. USE OF FACILITIES 

8.1 A Member is entitled to use the Studio's facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company. 

9. PERSONAL BELONGINGS 

Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items. 

10. DRESS 

Members are requested to wear a form of dress appropriate to the practice of Pilates and the Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members are required to attend sessions in non-slip socks. Footwear should be removed in the entry area. 

11. SAFETY & HYGIENE 

11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds. 

11.2 Notwithstanding paragraph 11.1 above, Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints. 

11.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit. 

11.4 Smoking is forbidden in the Studio. 

12. GENERAL 

12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company. 

12.2 The Company reserves the right to refuse admission to the Studio.

12.3 The Company may assign the benefit of the Registration Process and a Member's membership to a third party at any time without notice to the Member. 

12.4 The Registration Process, including these terms and conditions, shall not be construed to grant any third-party beneficiary rights to any person. 

12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email. 

12.6 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members. 

12.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright. 

12.8 By opting in to any of our forms, you are agreeing to receive text messages, including automated text messages, from [TREMBLE] to the phone number you provided about [TREMBLE] services and related promotions and offers. Msg & data rates may apply. You can stop receiving text messages at any time by texting STOP.

13. WAIVER OF JURY TRIAL

13.1 THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS RELATING TO, ARISING OUT OF, BASED UPON, OR RESULTING FROM THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THE PARTIES HERETO RECOGNIZE AND AGREE THAT ANY SUCH CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN THE PARTIES WOULD INVOLVE DIFFICULT AND COMPLEX ISSUES THAT WOULD BE MORE APPROPRIATE TO TRY BEFORE AN ARBITRATOR OR A JUDGE WITHOUT A JURY.

14. MEDIATION AND ARBITRATION. 

14.1 Any controversy or claim relating to, arising out of, based upon, or resulting from to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute relating to, arising out of, based upon, or resulting from this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any mediation shall be held in Broward, Florida, or such other location as the parties may mutually agree. Mediation shall be completed within forty-five (45) days following delivery of notice to mediate, and the fees filed expenses of the mediator shall be paid half by each party. Arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules and Mediation Procedures, modified as follows: (l) the total time from date of demand for arbitration to final award shall not exceed forty-five (45) days; (2) the arbitrator shall be chosen by the AAA without submittal of lists and subject to challenge only for good cause shown; (3) the time, date and place of the hearing shall be set by the arbitrator in his or her sole discretion, provided that there be at least seven (7) days prior notice of the hearing; (4) there shall be no post-hearing briefs; and (5) the arbitrator shall issue his or her award within seven (7) days after the close of the hearing. The arbitration shall be held in Broward County, Florida, or such other location as the parties may mutually agree. The decision of the arbitrator shall be binding on the parties, not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Broward County, Florida. The fees and expenses of the arbitrator shall be paid half by each party, but the arbitrator shall award the prevailing party's arbitration fees and expenses as a cost to the prevailing party in the arbitration award. The parties shall each hold harmless and indemnify the arbitrator from any claims arising in connection with the arbitration. No provision of, nor the exercise of any rights under, these policies governing mediation and arbitration will limit the parties' right to request and obtain provisional or ancillary remedies or relief, including temporary or permanent injunctive relief or to restrain or prevent any breach or default from any court having jurisdiction, before, during, or after the pendency of any arbitration. The prevailing party shall recover its costs and reasonable attorney's fees, which shall be determined and fixed by the arbitrator as part of the arbitration award, and in the case of any court proceeding seeking provisional or ancillary remedies or relief by the court (at all trial and appellate levels).

COLUMBIA, SC

1. INTERPRETATION AND VARIATION

1.1 FITNESS RX LLC (hereinafter referred to as TREMBLE COLUMBIA or the Company) reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. 

1.2 The Terms and Conditions will be governed by the laws of South Carolina and subject to the exclusive jurisdiction of South Carolina courts. 

2. MEMBERSHIP
2.1 Subject to these terms and conditions, when a person has completed the online Registration he will become a Member of the Studio. 

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company. 

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company's reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended. 

2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions. 

2.5 Members must be eighteen (18) or over . 

3. STUDIO OPENING TIMES

Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.makeittremble.com 

4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.makeittremble.com or directly from the Studio and will be such prices as determined by the Company from time to time. 

4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session. 

4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. 

4.4 Credits and memberships purchased can only be used in the location it was purchased at and are non transferable across regions.

5. BOOKINGS AND CANCELLATIONS

5.1 Sessions are booked on a first-come first-served basis.

5.2 A Member may use the waiting list function at www.makeittremble.com  in the event that the client’s first choice session is unavailable. If a Member joins the waiting list for a particular session and then books into that session their booking will be subject to the general Terms and Conditions. Member will be automatically added from the waitlist up to 8 hours prior to the start of class. Our 12 hour cancellation policy applies in section 5.4 applies and therefore member must remove themselves prior to those 12 hours if he/she does not want to be automatically added up to 8 hours prior to class.

5.3 Sessions are valid for (12) months from and including the date of purchase unless otherwise stated in the promotion, offer, or online booking system.

5.4 Any cancellation within 12 hours of class, will be considered a late cancel. If a client late cancels or is a no show and has reserved with a class pack or session, he/she will forfeit their credit. No shows/late cancellations on a membership, including 1 month unlimited, 1 week unlimited, 6 month memberships and any auto renew, will result in a $25 no show/late cancellation fee billed to the credit card on file.

5.5 If Member does not arrive at the start of the scheduled class time, Member forfeits their reservation and spot in class. If Member used a credit to book in, Member will forfeit their credit. If Member is on a monthly unlimited, 1 week unlimited, 6 month membership, or auto renew, Member will be charged a late fee of $25. All monthly members, weekly memberships, and auto renew members are required to keep an active card on file.

6. FITNESS AND HEALTH 

6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio. 

6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any). 

6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and well being. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor. 

6.4 The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities. 

6.4 Members are required to follow the instructions of the instructor at all times. 

7. LIMITATION OF LIABILITY 

7.1 The Company cannot be held responsible for any particular session, instructor and/or item of reformer equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion. 

7.2 It is the Member's responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional. 

7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion. 

7.4 In consideration of their participation in the activities and programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries, damages, or death resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities (including loss of a baby during pregnancy). 

8. USE OF FACILITIES 

8.1 A Member is entitled to use the Studio's facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company. 

9. PERSONAL BELONGINGS 

Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items. 

10. DRESS 

Members are requested to wear a form of dress appropriate to the practice of Pilates and the Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members are required to attend sessions in non-slip socks. Footwear should be removed in the entry area. 

11. SAFETY & HYGIENE 

11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds. 

11.2 Notwithstanding paragraph 11.1 above, Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints. 

11.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit. 

11.4 Smoking is forbidden in the Studio. 

12. GENERAL 

12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company. 

12.2 The Company reserves the right to refuse admission to the Studio.

12.3 The Company may assign the benefit of the Registration Process and a Member's membership to a third party at any time without notice to the Member. 

12.4 The Registration Process, including these terms and conditions, shall not be construed to grant any third-party beneficiary rights to any person. 

12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email. 

12.6 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members. 

12.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright. 

12.8 By opting in to any of our forms, you are agreeing to receive text messages, including automated text messages, from [TREMBLE] to the phone number you provided about [TREMBLE] services and related promotions and offers. Msg & data rates may apply. You can stop receiving text messages at any time by texting STOP.

13. WAIVER OF JURY TRIAL

13.1 THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS RELATING TO, ARISING OUT OF, BASED UPON, OR RESULTING FROM THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THE PARTIES HERETO RECOGNIZE AND AGREE THAT ANY SUCH CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN THE PARTIES WOULD INVOLVE DIFFICULT AND COMPLEX ISSUES THAT WOULD BE MORE APPROPRIATE TO TRY BEFORE AN ARBITRATOR OR A JUDGE WITHOUT A JURY.

14. MEDIATION AND ARBITRATION. 

14.1 Any controversy or claim relating to, arising out of, based upon, or resulting from to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute relating to, arising out of, based upon, or resulting from this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any mediation shall be held in Columbia, South Carolina or such other location as the parties may mutually agree. Mediation shall be completed within forty-five (45) days following delivery of notice to mediate, and the fees filed expenses of the mediator shall be paid half by each party. Arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules and Mediation Procedures, modified as follows: (l) the total time from date of demand for arbitration to final award shall not exceed forty-five (45) days; (2) the arbitrator shall be chosen by the AAA without submittal of lists and subject to challenge only for good cause shown; (3) the time, date and place of the hearing shall be set by the arbitrator in his or her sole discretion, provided that there be at least seven (7) days prior notice of the hearing; (4) there shall be no post-hearing briefs; and (5) the arbitrator shall issue his or her award within seven (7) days after the close of the hearing. The arbitration shall be held in Columbia, SC, or such other location as the parties may mutually agree. The decision of the arbitrator shall be binding on the parties, not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Columbia, South, Carolina. The fees and expenses of the arbitrator shall be paid half by each party, but the arbitrator shall award the prevailing party's arbitration fees and expenses as a cost to the prevailing party in the arbitration award. The parties shall each hold harmless and indemnify the arbitrator from any claims arising in connection with the arbitration. No provision of, nor the exercise of any rights under, these policies governing mediation and arbitration will limit the parties' right to request and obtain provisional or ancillary remedies or relief, including temporary or permanent injunctive relief or to restrain or prevent any breach or default from any court having jurisdiction, before, during, or after the pendency of any arbitration. The prevailing party shall recover its costs and reasonable attorney's fees, which shall be determined and fixed by the arbitrator as part of the arbitration award, and in the case of any court proceeding seeking provisional or ancillary remedies or relief by the court (at all trial and appellate levels).

NASHVILLE, TN

1. INTERPRETATION AND VARIATION

1.1 Music Row Fitness LLC (hereinafter referred to as TREMBLE NASHVILLE or the Company) reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. 

1.2 The Terms and Conditions will be governed by the laws of Tennessee and subject to the exclusive jurisdiction of Tennessee courts. 

2. MEMBERSHIP
2.1 Subject to these terms and conditions, when a person has completed the online Registration he will become a Member of the Studio. 

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company. 

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company's reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended. 

2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions. 

2.5 Members must be eighteen (18) or over . 

3. STUDIO OPENING TIMES

Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.makeittremble.com 

4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.makeittremble.com or directly from the Studio and will be such prices as determined by the Company from time to time. 

4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session. 

4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. 

4.4 Credits and memberships purchased can only be used in the location it was purchased at and are non transferable across regions.

5. BOOKINGS AND CANCELLATIONS

5.1 Sessions are booked on a first-come first-served basis.

5.2 A Member may use the waiting list function at www.makeittremble.com  in the event that the client’s first choice session is unavailable. If a Member joins the waiting list for a particular session and then books into that session their booking will be subject to the general Terms and Conditions. Member will be automatically added from the waitlist up to 8 hours prior to the start of class. Our 12 hour cancellation policy applies in section 5.4 applies and therefore member must remove themselves prior to those 12 hours if he/she does not want to be automatically added up to 8 hours prior to class.

5.3 Sessions are valid for (12) months from and including the date of purchase unless otherwise stated in the promotion, offer, or online booking system.

5.4 Any cancellation within 12 hours of class, will be considered a late cancel. If a client late cancels or is a no show and has reserved with a class pack or session, he/she will forfeit their credit. No shows/late cancellations on a membership, including 1 month unlimited, 1 week unlimited, 6 month memberships and any auto renew, will result in a $25 no show/late cancellation fee billed to the credit card on file.

5.5 If Member does not arrive at the start of the scheduled class time, Member forfeits their reservation and spot in class. If Member used a credit to book in, Member will forfeit their credit. If Member is on a monthly unlimited, 1 week unlimited, 6 month membership, or auto renew, Member will be charged a late fee of $25. All monthly members, weekly memberships, and auto renew members are required to keep an active card on file.

6. FITNESS AND HEALTH 

6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio. 

6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any). 

6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and well being. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor. 

6.4 The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities. 

6.4 Members are required to follow the instructions of the instructor at all times. 

7. LIMITATION OF LIABILITY 

7.1 The Company cannot be held responsible for any particular session, instructor and/or item of reformer equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion. 

7.2 It is the Member's responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional. 

7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion. 

7.4 In consideration of their participation in the activities and programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries, damages, or death resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities (including loss of a baby during pregnancy). 

8. USE OF FACILITIES 

8.1 A Member is entitled to use the Studio's facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company. 

9. PERSONAL BELONGINGS 

Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items. 

10. DRESS 

Members are requested to wear a form of dress appropriate to the practice of Pilates and the Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members are required to attend sessions in non-slip socks. Footwear should be removed in the entry area. 

11. SAFETY & HYGIENE 

11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds. 

11.2 Notwithstanding paragraph 11.1 above, Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints. 

11.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit. 

11.4 Smoking is forbidden in the Studio. 

12. GENERAL 

12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company. 

12.2 The Company reserves the right to refuse admission to the Studio.

12.3 The Company may assign the benefit of the Registration Process and a Member's membership to a third party at any time without notice to the Member. 

12.4 The Registration Process, including these terms and conditions, shall not be construed to grant any third-party beneficiary rights to any person. 

12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email. 

12.6 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members. 

12.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright. 

12.8 By opting in to any of our forms, you are agreeing to receive text messages, including automated text messages, from [TREMBLE] to the phone number you provided about [TREMBLE] services and related promotions and offers. Msg & data rates may apply. You can stop receiving text messages at any time by texting STOP.

13. WAIVER OF JURY TRIAL

13.1 THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS RELATING TO, ARISING OUT OF, BASED UPON, OR RESULTING FROM THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THE PARTIES HERETO RECOGNIZE AND AGREE THAT ANY SUCH CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN THE PARTIES WOULD INVOLVE DIFFICULT AND COMPLEX ISSUES THAT WOULD BE MORE APPROPRIATE TO TRY BEFORE AN ARBITRATOR OR A JUDGE WITHOUT A JURY.

14. MEDIATION AND ARBITRATION. 

14.1 Any controversy or claim relating to, arising out of, based upon, or resulting from to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute relating to, arising out of, based upon, or resulting from this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any mediation shall be held in Nashville, Tennessee or such other location as the parties may mutually agree. Mediation shall be completed within forty-five (45) days following delivery of notice to mediate, and the fees filed expenses of the mediator shall be paid half by each party. Arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules and Mediation Procedures, modified as follows: (l) the total time from date of demand for arbitration to final award shall not exceed forty-five (45) days; (2) the arbitrator shall be chosen by the AAA without submittal of lists and subject to challenge only for good cause shown; (3) the time, date and place of the hearing shall be set by the arbitrator in his or her sole discretion, provided that there be at least seven (7) days prior notice of the hearing; (4) there shall be no post-hearing briefs; and (5) the arbitrator shall issue his or her award within seven (7) days after the close of the hearing. The arbitration shall be held in Nashville, TN, or such other location as the parties may mutually agree. The decision of the arbitrator shall be binding on the parties, not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Nashville, TN. The fees and expenses of the arbitrator shall be paid half by each party, but the arbitrator shall award the prevailing party's arbitration fees and expenses as a cost to the prevailing party in the arbitration award. The parties shall each hold harmless and indemnify the arbitrator from any claims arising in connection with the arbitration. No provision of, nor the exercise of any rights under, these policies governing mediation and arbitration will limit the parties' right to request and obtain provisional or ancillary remedies or relief, including temporary or permanent injunctive relief or to restrain or prevent any breach or default from any court having jurisdiction, before, during, or after the pendency of any arbitration. The prevailing party shall recover its costs and reasonable attorney's fees, which shall be determined and fixed by the arbitrator as part of the arbitration award, and in the case of any court proceeding seeking provisional or ancillary remedies or relief by the court (at all trial and appellate levels).

TAMPA, FL STUDIOS:

1. INTERPRETATION AND VARIATION

1.1 Savannah Fickler LLC (hereinafter referred to as TREMBLE TAMPA or the Company) reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members.

1.2 The Terms and Conditions will be governed by the laws of Florida and subject to the exclusive jurisdiction of the Florida courts. 

2. MEMBERSHIP
2.1 Subject to these terms and conditions, when a person has completed the online Registration he will become a Member of the Studio. 

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company. 

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company's reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended. 

2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions. 

2.5 Members must be eighteen (18) or over . 

3. STUDIO OPENING TIMES

Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.makeittremble.com 

4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.makeittremble.com or directly from the Studio and will be such prices as determined by the Company from time to time. 

4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session. 

4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. 

4.4 Credits and memberships purchased can only be used in the location it was purchased at and are non transferable across regions.

5. BOOKINGS AND CANCELLATIONS

5.1 Sessions are booked on a first-come first-served basis.

5.2 A Member may use the waiting list function at www.makeittremble.com  in the event that the client’s first choice session is unavailable. If a Member joins the waiting list for a particular session and then books into that session their booking will be subject to the general Terms and Conditions. Member will be automatically added from the waitlist up to 8 hours prior to the start of class. Our 12 hour cancellation policy applies in section 5.4 applies and therefore member must remove themselves prior to those 12 hours if he/she does not want to be automatically added up to 8 hours prior to class.

5.3 Sessions are valid for (12) months from and including the date of purchase unless otherwise stated in the promotion, offer, or online booking system.

5.4 Any cancellation within 12 hours of class, will be considered a late cancel. If a client late cancels or is a no show and has reserved with a class pack or session, he/she will forfeit their credit. No shows/late cancellations on a membership, including 1 month unlimited, 1 week unlimited, 6 month memberships and any auto renew, will result in a $25 no show/late cancellation fee billed to the credit card on file.

5.5 If Member does not arrive at the start of the scheduled class time, Member forfeits their reservation and spot in class. If Member used a credit to book in, Member will forfeit their credit. If Member is on a monthly unlimited, 1 week unlimited, 6 month membership, or auto renew, Member will be charged a late fee of $25. All monthly members, weekly memberships, and auto renew members are required to keep an active card on file.

6. FITNESS AND HEALTH 

6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio. 

6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any). 

6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and well being. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor. 

6.4 The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities. 

6.4 Members are required to follow the instructions of the instructor at all times. 

7. LIMITATION OF LIABILITY 

7.1 The Company cannot be held responsible for any particular session, instructor and/or item of reformer equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion. 

7.2 It is the Member's responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional. 

7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion. 

7.4 In consideration of their participation in the activities and programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries, damages, or death resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities (including loss of a baby during pregnancy). 

8. USE OF FACILITIES 

8.1 A Member is entitled to use the Studio's facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company. 

9. PERSONAL BELONGINGS 

Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items. 

10. DRESS 

Members are requested to wear a form of dress appropriate to the practice of Pilates and the Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members are required to attend sessions in non-slip socks. Footwear should be removed in the entry area. 

11. SAFETY & HYGIENE 

11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds. 

11.2 Notwithstanding paragraph 11.1 above, Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints. 

11.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit. 

11.4 Smoking is forbidden in the Studio. 

12. GENERAL 

12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company. 

12.2 The Company reserves the right to refuse admission to the Studio.

12.3 The Company may assign the benefit of the Registration Process and a Member's membership to a third party at any time without notice to the Member. 

12.4 The Registration Process, including these terms and conditions, shall not be construed to grant any third-party beneficiary rights to any person. 

12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email. 

12.6 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members. 

12.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright. 

12.8 By opting in to any of our forms, you are agreeing to receive text messages, including automated text messages, from [TREMBLE] to the phone number you provided about [TREMBLE] services and related promotions and offers. Msg & data rates may apply. You can stop receiving text messages at any time by texting STOP.

13. WAIVER OF JURY TRIAL

13.1 THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS RELATING TO, ARISING OUT OF, BASED UPON, OR RESULTING FROM THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THE PARTIES HERETO RECOGNIZE AND AGREE THAT ANY SUCH CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN THE PARTIES WOULD INVOLVE DIFFICULT AND COMPLEX ISSUES THAT WOULD BE MORE APPROPRIATE TO TRY BEFORE AN ARBITRATOR OR A JUDGE WITHOUT A JURY.

14. MEDIATION AND ARBITRATION. 

14.1 Any controversy or claim relating to, arising out of, based upon, or resulting from to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute relating to, arising out of, based upon, or resulting from this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any mediation shall be held in Tampa, Florida, or such other location as the parties may mutually agree. Mediation shall be completed within forty-five (45) days following delivery of notice to mediate, and the fees filed expenses of the mediator shall be paid half by each party. Arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules and Mediation Procedures, modified as follows: (l) the total time from date of demand for arbitration to final award shall not exceed forty-five (45) days; (2) the arbitrator shall be chosen by the AAA without submittal of lists and subject to challenge only for good cause shown; (3) the time, date and place of the hearing shall be set by the arbitrator in his or her sole discretion, provided that there be at least seven (7) days prior notice of the hearing; (4) there shall be no post-hearing briefs; and (5) the arbitrator shall issue his or her award within seven (7) days after the close of the hearing. The arbitration shall be held in Tampa, Florida, or such other location as the parties may mutually agree. The decision of the arbitrator shall be binding on the parties, not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Tampa, Florida. The fees and expenses of the arbitrator shall be paid half by each party, but the arbitrator shall award the prevailing party's arbitration fees and expenses as a cost to the prevailing party in the arbitration award. The parties shall each hold harmless and indemnify the arbitrator from any claims arising in connection with the arbitration. No provision of, nor the exercise of any rights under, these policies governing mediation and arbitration will limit the parties' right to request and obtain provisional or ancillary remedies or relief, including temporary or permanent injunctive relief or to restrain or prevent any breach or default from any court having jurisdiction, before, during, or after the pendency of any arbitration. The prevailing party shall recover its costs and reasonable attorney's fees, which shall be determined and fixed by the arbitrator as part of the arbitration award, and in the case of any court proceeding seeking provisional or ancillary remedies or relief by the court (at all trial and appellate levels).