Terms of Service

1. Agreement to these terms

These Terms of Service (“Terms”) are a legal agreement between you and Monterey Bay Contrology (“Monterey Bay Contrology,” “we,” “us,” or “our”), a classical Pilates studio at 26621 Carmel Center Place, Suite 101, Carmel, California 93923.

These Terms apply when you use our website at https://montereybaycontrology.com (the “Website”) or book, buy, attend, or take part in any of our services, including private sessions, duets, trios, classes, Joe’s Gym, teacher training and continuing education workshops (together, the “Services”). By using the Website or the Services, you agree to these Terms and to our Privacy Policy, which is posted on the Website. If you do not agree, please do not use the Website or Services.

Some Services also require a signed intake form, liability waiver, or enrollment agreement. If any of those documents conflict with these Terms, the signed document controls for that Service.

Who can use our Services?

You must be at least 18 years old, or have a parent or legal guardian agree to these Terms and sign our waiver for you, to book or take part in the Services.

Using our Website

You may use the Website for personal, non-commercial purposes, such as learning about the studio and contacting us. You agree not to:

• Use the Website for anything unlawful or fraudulent;
• Send spam, malware or harmful code through our contact form or otherwise;
• Try to gain unauthorized access to the Website or the systems behind it;
• Copy, scrape or republish Website content except as allowed in Section 7; or
• Pretend to be someone else or give us false information.

We may change, suspend or stop any part of the Website at any time. Information on the Website, including schedules, dates and prices, may change and may sometimes contain errors. We may correct errors and update information without notice.

2. Sessions, classes and booking

All Pilates sessions and classes are 55 minutes unless stated otherwise (the From Seated to Standing class is 30 minutes). Sessions are booked by phone or email. A booking is confirmed only when we confirm it.

Our Services

• Private sessions: one student with one teacher.
• Duets and trios: two or three students with one teacher. Prices are per person.
• From Seated to Standing: a chair-based class for seniors.
• Classical Pilates Mat: a small class (up to nine students) taught at the ideal level. Prior knowledge of the classical mat work is required.
• Joe’s Gym: independent, self-guided practice on the studio’s equipment. You must complete at least five private sessions before attending, and a teacher must agree that you know your workout well enough to practice safely on your own.
• Teacher training and workshops: see Section 6.

We recommend that new clients begin with private sessions. We may require you to complete private sessions, or show equivalent experience, before joining a class, duet, trio or Joe’s Gym. We may decline or limit a booking if we believe a Service is not safe or suitable for you.

Teachers and scheduling

Sessions may be taught by our studio owner and teacher trainer or by one of our certified instructors, at the price listed for that teacher. If your teacher is unavailable, we will try to offer another qualified teacher or a new time. We may cancel or reschedule a class if too few students enroll or for reasons outside our control. If we cancel, you will receive a session credit or, if you prefer, a refund for that session.

Studio rules

To keep the studio safe and pleasant for everyone, you agree to:

• Arrive on time. Late arrivals may receive a shortened session that ends at the scheduled time, at full price.
• Wear clean, comfortable clothing that allows movement.
• Tell your teacher before each session about any new injury, pain, illness, surgery, pregnancy, or change in your health.
• Follow your teacher’s instructions and use equipment only as taught. In Joe’s Gym, practice only exercises you have learned in session, and ask for help when unsure.
• Stop and tell your teacher right away if you feel pain, dizziness, or discomfort.
• Treat teachers, other clients, and the studio with respect. We may refuse service to anyone who is disruptive, unsafe, or abusive.
• Stay home if you are contagious or unwell.

You are responsible for your personal belongings. We are not responsible for lost or stolen items.

3. Prices, payment and packages

Current prices are listed on our Website. Payment is due when you book or before your session begins, unless we agree otherwise in writing.

• Accepted payment: We accept the payment methods offered at the time of booking. Card payments are processed securely by a third-party payment processor.
• Price changes: We may change our prices at any time. A price change does not affect packages you have already paid for.
• Packages: 5-session and 10-session packages, and class packages, are for the person who bought them (or the named recipient of a gift) and cannot be transferred, shared or resold without our written permission. Duet and trio packages are priced per person.
• Scheduling and expiration: Package sessions must be scheduled at the time of purchase and used within 6 weeks of purchase. Unused sessions expire at the end of that period and are not refundable, except as stated in Section 4 or required by law.
• Gift packages: If you buy a package as a gift, the money paid for it does not expire. If the recipient cannot use the sessions within the package period, contact us and we will apply the unused value to future sessions.
• Joe’s Gym, mat and seniors’ class packages follow the same rules unless a different period is stated at purchase.
• Teacher training and workshops have separate payment terms (see Section 6).

Your right to cancel a purchase

You may cancel a package or other contract for Pilates services, without penalty, before midnight of the fifth business day (not counting Sundays and holidays) after the day you buy it. To cancel, send us a signed and dated written notice by email to info@montereybaycontrology.com, by first-class mail to the address in Section 9, or deliver it to the studio. We will refund all payments within 10 days of receiving your notice, less the regular price of any sessions you have already used.

If California law gives you a longer period to cancel a purchase, that longer period applies.

4. Cancellations, no-shows and refunds

We ask for at least 24 hours’ notice to cancel or reschedule any session. Your session time is reserved for you alone, and a late cancellation usually means a teacher cannot fill that hour.

Refunds

Except as stated in this section, Section 3 (your right to cancel a purchase) or where the law requires, payments for sessions, classes and packages are non-refundable. Unused sessions may not be exchanged for cash.

You are entitled to a refund of the price of unused, prepaid sessions in these situations:

• Death or disability: If you die, or a physician verifies that a condition prevents you from physically using our Services, you or your estate owe nothing for sessions not received, and we will promptly refund prepaid amounts for unused sessions on request.
• Relocation: If you move more than 25 miles from our studio, we will refund prepaid amounts for unused sessions.
• Studio closure or loss of Services: If we permanently close or can no longer provide the Services you paid for, we will refund the unused portion.

To request a refund, email info@montereybaycontrology.com. We will process approved refunds to the original payment method within 10 days of approval.

Teacher training and workshop cancellation and refund rules are in Section 6.

5. Health, assumption of risk and release

Pilates is physical exercise, and like any exercise, it carries some risk of injury. Please read this section carefully. It affects your legal rights.

Your health and medical clearance

• Consult your doctor first. You should get approval from your physician before starting Pilates, especially if you are pregnant or postpartum, are over 65, have had recent surgery, or have heart or lung disease, high blood pressure, osteoporosis or osteopenia, joint replacements, spinal conditions, chronic pain, diabetes, or any other medical condition. We may ask for written clearance before you begin or continue.
• Tell us everything relevant. You agree to give us complete and accurate health information on your intake form and to update us before each session about any change.
• Not medical care. Our teachers are Pilates instructors, not physicians, physical therapists, or other licensed health care providers. Our instruction is not medical advice, diagnosis, or treatment and is not a substitute for care from a qualified health professional. We do not promise any specific health, fitness, rehabilitation, or weight-loss result.
• Listen to your body. You control your own effort. Stop immediately and tell your teacher if you feel pain, dizziness, shortness of breath, or discomfort.
• Hands-on cueing. Classical Pilates teaching often includes light touch to guide your position. Your teacher will explain any touch, and you may decline it at any time.

Assumption of risk

You understand that Pilates and the use of Pilates equipment (including the Reformer, Cadillac, Wunda Chair, barrels and other apparatus, which use springs, straps and moving parts) involve risks. These include muscle strains and sprains, joint and back injuries, falls, aggravation of existing conditions, and, rarely, more serious injury. Some risks may come from your own actions, from other participants, or from equipment. Knowing these risks, you voluntarily choose to participate and accept these risks, including when practicing independently in Joe’s Gym, where a teacher may not be watching you at all times.

Release of liability

To the fullest extent allowed by California law, you release Monterey Bay Contrology, its owners, teachers, employees, and contractors from liability for any injury, loss, or damage arising from your participation in the Services that results from the ordinary negligence of any of them. This release does not apply to injury caused by gross negligence, willful misconduct, or any other conduct for which the law does not permit a release.

We may also ask you to sign a separate written waiver and release before your first session.

Emergencies

If you are injured or become ill at the studio, you authorize us to call emergency services and to contact your emergency contact. You are responsible for the cost of any emergency medical care.

6. Teacher training and continuing education workshops

Our teacher training program and continuing education workshops are part of The Pilates Standard (“TPS”), an independent organization. Monterey Bay Contrology hosts the programs in Carmel, and our studio owner teaches them as a TPS teacher trainer.

Registration and the TPS booking terms

• Registration and payment for teacher training and workshops are made through TPS’s website, or by invoice after enrollment.
• When you register, you also agree to TPS’s own booking terms and conditions, which govern registration, payment, cancellations, transfers, testing and certification. Please read them before you register:TPS Terms and Conditions. If TPS’s terms conflict with these Terms on registration, payment, cancellation, testing or certification, TPS’s terms control.
• Certification is awarded by TPS, not by Monterey Bay Contrology, based on TPS’s requirements, including required hours, assessments, and a final exam.

Prerequisites and admission

• You must complete the prerequisites listed for your program on our Website before the program begins.
• The Bridge Program requires an audition and proof of a prior Pilates certification. Admission is at the trainer’s discretion.
• We may decline or defer an application if a candidate is not yet ready to train safely.

Tuition and what it covers

Tuition, early-bird deadlines, and payment plans are listed on our Teacher Training and Workshop pages. Tuition includes curriculum costs and materials. It does not include travel, lodging, meals, extra personal Pilates sessions, studio time beyond what is stated, exam retakes beyond those included, or any separate national certification exam fees. If you choose a payment plan, you agree to make each payment on the schedule set out in your enrollment documents.

Continuing education credits

Our workshops are presented for continuing education credit as stated on each workshop listing. It is your responsibility to confirm that a workshop meets the requirements of your own certifying body. To receive a certificate of attendance, you must attend the full workshop, in person or live on Zoom.

Online workshops (Zoom)

• You are responsible for your internet connection, device, and a safe, clear space to move.
• Practice only what you can do safely without a teacher present, and follow Section 5.
• Do not record, screenshot, share or redistribute any part of an online workshop, or share your access link, without our written permission.
• We may record online sessions for quality and attendance purposes. We will tell you at the start if a session is recorded.

Conduct and professional responsibility

Trainees must treat clients, models, teachers and fellow trainees with respect and keep all client information confidential. A training certificate qualifies you to teach Pilates; it does not qualify you to diagnose or treat medical conditions. We may remove a trainee from a program for unsafe, dishonest, or disrespectful conduct, subject to TPS’s refund terms.

7. Intellectual property, testimonials and recordings

Our content

The Website and its content, including text, photos, videos, logos, the name “Monterey Bay Contrology,” and our training and workshop materials, belong to Monterey Bay Contrology, The Pilates Standard or our licensors and are protected by copyright and trademark law. You may view and print Website pages for personal use. You may not copy, sell, publish, record or create teaching materials from our content, including manuals, handouts and session recordings, without our written permission.

Your feedback and testimonials

If you send us a testimonial, review or feedback, you allow us to use it to improve our Services. We will only publish your testimonial with your name, photo or other identifying details if you permit us, and you may withdraw that permission at any time for future use.

Photos and video in the studio

• Our photos: We will not photograph or film you without telling you. We will not publish images in which you can be identified without your written permission.
• Your photos: Please ask before taking photos or video in the studio, and never photograph or film other clients without their consent. Do not record training sessions or workshops without our written permission.

8. Disclaimers, limitation of liability and indemnification

Disclaimers

The Website and its content are provided for general information only. They are not medical advice. We try to keep the Website accurate and available, but we provide it “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows. We do not guarantee that the Website will be error-free, secure or uninterrupted, or that any Service will produce a particular result.

Limitation of liability

To the fullest extent allowed by law:

• Monterey Bay Contrology and its owners, teachers, employees and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or business opportunities, arising from the Website or Services.
• For claims that do not involve personal injury, our total liability to you for all claims relating to the Website or Services will not exceed the amount you paid us for the Services giving rise to the claim in the 12 months before the claim arose.

Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, violation of law, or any other liability that cannot be limited under California law, including California Civil Code Section 1668.

Indemnification

You agree to reimburse and defend Monterey Bay Contrology, its owners, teachers, employees, and contractors against third-party claims, losses, and reasonable legal costs that arise from your breach of these Terms, your misuse of the Website, or your failure to give us accurate health information, except to the extent caused by our own negligence or misconduct.

9. Governing law, disputes and general terms

Talk to us first

If you have a concern, please contact us first. Most issues can be resolved quickly by talking with us. You agree to try in good faith to resolve any dispute informally for at least 30 days before starting a legal claim.

Governing law and venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any legal action relating to these Terms, the Website or the Services must be brought in the state or federal courts located in Monterey County, California, and you and we consent to those courts’ jurisdiction. Either party may bring an eligible claim in small claims court.

General terms

• Changes to these Terms. We may update these Terms from time to time. We will post the new version on the Website and change the “Last updated” date. Changes apply to purchases and bookings made after the update. If you continue to use the Website or Services after an update, you accept the updated Terms.
• Entire agreement. These Terms, our Privacy Policy, and any intake form, waiver or enrollment agreement you sign with us make up the entire agreement between you and us about the Website and Services.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect, and the unenforceable part will be enforced to the maximum extent allowed.
• No waiver. If we do not enforce a provision, we have not given up our right to enforce it later.
• Assignment. You may not transfer your rights under these Terms without our consent. We may transfer ours to a successor owner of the studio.
• Events beyond our control. We are not responsible for delays or cancellations caused by events outside our reasonable control, such as natural disasters, wildfire smoke, power outages, public health orders, or government action. In those cases, we will offer a credit or refund for affected sessions.

Contact us

Monterey Bay Contrology

26621 Carmel Center Place, Suite 101, Carmel, CA 93923

Email: info@montereybaycontrology.com

Phone: 831-574-8382