Last Updated: October 2025
Welcome to Pilates Avatar! Before diving into the legal details, here's what you need to know:
What We Offer:
Live interactive Pilates classes via Zoom (5 per week)
On-demand video library (75+ classes, new ones added weekly)
Access via website (pilatesavatar.com) or mobile app (iOS/Android)
Your Membership Options:
On-Demand Only: $25/month - streaming access to full video library
All-Access: $125/month - live classes + on-demand library
Drop-In: $30 per single live class
Free Trial: 7 days of All-Access (credit card required, won't charge unless you continue)
Cancellation: Cancel anytime through your account settings. Access continues through the end of your current billing period.
Key Rules:
You must be 18+ to create an account
Don't record, screenshot, or share our content with intent to profit without our permission; however posting your participation on Pilates Avatar is welcomed!
Be respectful in our community
What You’ll Need:
Stable internet (5+ Mbps for live classes, 3+ Mbps for on-demand)
Camera for live classes
Space to move (about 6ft x 3ft)
Apparatus specific to the workout you are attending
Special App Feature: You can save videos to your device in the app for offline viewing.
Questions? Contact us at support@pilatesavatar.com
These Terms of Service ("Terms") govern your use of Pilates Avatar services, including our website at pilatesavatar.com, mobile applications (iOS and Android), live Zoom classes, on-demand video library, and community features (collectively, the "Services"). These Services are provided by Progressive Bodyworks, Inc. ("Pilates Avatar," "we," "our," or "us").
By creating an account, accessing our Services, participating in any classes, or downloading our mobile app, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.
Pilates Avatar provides online Pilates instruction taught by Clare Dunphy Hemani through:
Live Interactive Classes
Real-time Pilates sessions conducted via Zoom video conferencing, where Clare provides instruction, demonstrations, and personalized feedback to participants. We offer 5 live classes per week.
On-Demand Video Library
A curated library of 75+ pre-recorded Pilates classes and instructional content, accessible through our website and mobile app for streaming. New classes are added weekly.
Mobile Applications
Native iOS and Android apps that provide the same features as our website, with the added ability for all paying members to save videos to their device for offline viewing.
Community Features
Optional participation in community discussions related to Pilates practice and wellness.
On-Demand Membership ($25/month)
Unlimited streaming access to complete video library (75+ classes)
New classes added weekly
Access via website or mobile app
Streaming only (no offline viewing)
Automatically renews monthly
All-Access Membership ($125/month)
Everything in On-Demand membership, plus:
Unlimited live Zoom classes (5 per week)
Ability to save videos within mobile app for offline viewing
Access to live class recordings (available for 1 month after live session)
Automatically renews monthly
Drop-In Class ($30)
Access to one live Zoom class
Must be used within 30 days of purchase
Non-refundable
Does not include on-demand library access
Free Trial (7 Days)
New users receive 7 days of All-Access membership at no charge
Credit card required at signup
Trial converts to paid All-Access membership ($125/month) after 7 days unless cancelled
Cancel anytime during trial period to avoid charges
Only one free trial per person
Cannot be combined with other promotional offers
We may update these Terms from time to time. When we make material changes, we will notify you by:
Posting the updated Terms on our website and in the app
Sending an email to your registered email address
Displaying a notice when you log into your account
Changes become effective 30 days after notification. Your continued use of the Services after this period constitutes acceptance of the updated Terms. If you do not agree to the changes, you may cancel your membership before the changes take effect.
Age Requirements
You must be 18 years or older to create an account and use Pilates Avatar services.
Minors Participating in Classes
Individuals under 18 may participate in classes under the following conditions:
A parent or legal guardian must create and maintain the account
The parent/guardian must supervise the minor's use of the Services
The parent/guardian agrees to these Terms on behalf of the minor
The parent/guardian is responsible for all activities under the account
Account Registration
When you create an account, you agree to:
Provide accurate, current, and complete information
Maintain and update your account information
Keep your password secure and confidential
Not share your account credentials with others
Not allow others to access your account
Notify us immediately of any unauthorized account use
You are responsible for all activities that occur under your account, whether or not authorized by you.
Geographic Restrictions
Our Services are intended for users in the United States. Access from other locations may be subject to local laws and regulations, which you are solely responsible for complying with.
Monthly Membership Billing
Billing Cycle:
Monthly memberships (On-Demand and All-Access) automatically renew on the same day each month
You will be charged to your payment method on file on your renewal date
We will send an email reminder 3 days before your renewal date
You can view your next billing date in your account settings at any time
Payment Method:
We accept major credit and debit cards
You are responsible for maintaining current, valid payment information
If payment fails, we will attempt to contact you and may suspend access until payment is resolved
Failed payment may result in account suspension after 7 days
Cancellation Policy
How to Cancel:
Log into your account at pilatesavatar.com or in the mobile app
Navigate to Account Settings → Membership
Select "Cancel Membership"
Confirm cancellation
You will receive a confirmation email
What Happens When You Cancel:
Cancellation takes effect at the end of your current billing period
You retain full access to all membership features through the end of the paid period
No partial refunds for unused time in the current billing cycle
Any videos saved within the mobile app will remain accessible until your membership ends
You may rejoin at any time by reactivating your membership
Cancellation Deadline:
To avoid being charged for the next billing cycle, you must cancel before your renewal date
Cancellations made on or after your renewal date will take effect the following month
Drop-In Classes
Drop-in class purchases are non-refundable
Each $30 purchase grants access to one live class
Must be used within 30 days of purchase date
You may reschedule to a different class within the 30-day validity period (subject to availability)
No refunds for unused drop-in classes after the 30-day expiration period
Free Trial
New users receive 7 days of complimentary All-Access membership
Credit card is required at signup but will not be charged during the trial period
Trial automatically converts to paid All-Access membership ($125/month) after 7 days unless you cancel
To avoid charges, cancel before the 7-day trial period ends
Cancellation during trial period results in immediate loss of access
Only one free trial per person (tracked by email address and payment method)
Cannot be combined with other promotional offers
Price Changes
We may change membership or class pricing at any time
Current members will receive 30 days advance notice of any price increase
New prices apply to new billing cycles only
You may cancel before the price change takes effect without penalty
Eligible for Refund:
Technical issues on our end preventing access to Services for 48+ consecutive hours
Duplicate charges due to billing errors
Charges made after you successfully cancelled your membership
Not Eligible for Refund:
Change of mind after purchase
Inability to attend scheduled live classes
Dissatisfaction with classes or instruction (we encourage trying our free trial first)
Unused portions of monthly memberships
Expired drop-in class credits
Technical issues on your end (internet outage, device problems, incompatible equipment)
Cancelled free trial (no charges applied)
Requesting a Refund
To request a refund for an eligible charge, contact us at support@pilatesavatar.com within 30 days of the charge with:
Your account email address
Transaction date and amount
Detailed reason for refund request
We will review your request and respond within 5 business days. Approved refunds will be credited to your original payment method within 7-10 business days.
Pilates Avatar is built on mutual respect, encouragement, and body positivity. We expect all members to contribute to a supportive, inclusive environment.
Our Values
Respect: Treat Clare, staff, and fellow members with kindness and consideration
Encouragement: Celebrate progress, not perfection
Privacy: Respect others' personal boundaries
Inclusivity: Welcome people of all backgrounds, identities, and experience levels
Expected Behavior in Live Classes
When participating in live Zoom classes:
Arrive on time or join quietly if late
Keep your microphone muted unless speaking or asking questions
Use video when possible so Clare can provide feedback
Dress appropriately for a group fitness environment
Ask questions respectfully during designated Q&A times
Focus on your own practice; avoid commenting on others' form or bodies
Be patient with technical difficulties experienced by others
Expected Behavior in Community Spaces
In forums, comments, and discussions:
Be constructive in feedback and discussions
Stay on topic related to Pilates, wellness, and community connection
Ask before giving advice, especially regarding injuries or medical conditions
Credit sources when sharing external content or resources
Report concerns to moderators rather than engaging in public conflict
Prohibited Conduct
The following behaviors may result in warnings, suspension, or permanent account termination without refund:
Harassment and Abuse:
Bullying, threatening, or intimidating other members
Sexual harassment or unwanted advances
Stalking or sharing others' personal information without consent
Targeted attacks based on identity, appearance, or ability level
Inappropriate Content:
Sexually explicit material or nudity
Hate speech or discriminatory language
Promotion of eating disorders or extreme dieting
Graphic violence or disturbing imagery
Spam or commercial solicitation
Disruptive Behavior:
Intentionally disrupting live classes
Trolling or deliberately inflammatory comments
Impersonating Clare, staff, or other members
Using multiple accounts to evade restrictions
Misuse of Platform:
Sharing login credentials with others
Recording, screenshotting, or screen-capturing live classes, on-demand videos, or other members
Attempting to download or extract videos from the app or website
Transferring app-saved videos to your device's file system
Scraping or harvesting data from our platform
Using bots or automated tools to access Services
Sharing Pilates Avatar content outside our platform without written permission
We reserve the right to remove any member, content or terminate any account that violates these guidelines, with or without prior notice.
Your Equipment and Internet Requirements
To use Pilates Avatar services, you are responsible for providing:
For Live Classes:
Computer, tablet, or smartphone with camera and microphone
Stable internet connection: Minimum 5 Mbps download/upload speed recommended
Zoom application (free) or compatible web browser
Exercise space: Approximately 6 feet x 3 feet of clear, safe space
Pilates mat and any props specified for the class
For On-Demand Classes (Streaming):
Internet-enabled device (computer, tablet, smartphone, smart TV)
Updated web browser: Chrome, Firefox, Safari, or Edge (latest two versions)
Minimum 3 Mbps download speed for smooth streaming
For Mobile App:
iOS device running iOS 13.0 or later, or Android device running Android 8.0 or later
Sufficient storage space if saving videos for offline viewing (All-Access members only)
App updates may require newer operating system versions
Service Availability
Live Class Schedule:
Check class schedule
Schedule posted on our website and in the app
Schedule subject to change with reasonable notice
We aim to provide at least 48 hours notice of schedule changes when possible
Emergency cancellations may occur with shorter notice
Platform Uptime:
We strive to maintain 99% uptime for our streaming platform and app
Scheduled maintenance will be announced in advance when possible
Emergency maintenance may occur without notice
Third-Party Services: Pilates Avatar relies on third-party platforms including:
Zoom for live video classes
Payment processors for billing
Cloud hosting services for video streaming and storage
App stores (Apple App Store, Google Play Store)
We cannot guarantee uninterrupted service due to third-party outages, maintenance, or technical issues beyond our control.
When Service is Interrupted
If We Cancel a Live Class (less than 24 hours notice):
All-Access members: No action needed; your unlimited access continues
Drop-in purchases: Validity will be extended an additional 30 days
If You Experience Technical Difficulties:
Before class: Test your equipment and connection using Zoom's test meeting feature
During class: Try refreshing your browser or rejoining the Zoom meeting
Streaming issues: Check your internet speed and close other bandwidth-heavy applications
App issues: Ensure you have the latest app version installed
Contact support@pilatesavatar.com for technical assistance
Platform Outages: If our streaming platform or app is unavailable for more than 48 consecutive hours due to issues within our control, members may be eligible for a prorated credit. Contact support@pilatesavatar.com for assistance.
Offline Viewing (All-Access Members Only)
Videos saved within the mobile app for offline viewing remain accessible while you maintain an active All-Access membership
Saved videos cannot be transferred to your device's file system or external storage
Saved videos are encrypted and can only be played within the Pilates Avatar app
If you cancel or downgrade your membership, saved videos will no longer be accessible
If you uninstall the app, you will need to re-download saved videos (storage space permitting)
Your Responsibilities
You are responsible for:
Maintaining compatible equipment and internet service at adequate speeds
Keeping your software, browsers, and app updated
Troubleshooting issues on your end (device problems, internet connectivity, router settings)
Having adequate space and appropriate flooring for safe practice
Testing your setup before live classes
Managing storage space on your device if saving videos in the app
We cannot provide refunds for technical issues on your end, including but not limited to internet outages, device malfunctions, incompatible equipment, or insufficient storage space.
Our Content
All Pilates Avatar content, including Clare Dunphy's instruction, choreography, cueing techniques, class sequencing, video recordings, images, text, graphics, logos, website design, app design, and the selection and arrangement of content (collectively, "Pilates Avatar Content"), is the exclusive property of Progressive Bodyworks, Inc. and is protected by United States and international copyright, trademark, and other intellectual property laws.
This specifically includes:
Clare Dunphy's unique Pilates choreography and class formats
Verbal cueing and teaching methods developed by Clare
Class sequencing, programming, and structure
Pre-recorded video classes in the on-demand library
Live class recordings
Website and mobile app design and functionality
Brand names, logos, and trademarks
Written materials, guides, and resources
Your Limited License
Your membership grants you a limited, non-exclusive, non-transferable, revocable license to:
Stream and view classes for your personal, non-commercial use only
Participate in live classes
Save videos within the mobile app for offline viewing (All-Access members only)
Access community features according to your membership level
This license is personal to you and may not be shared, transferred, or sublicensed to any other person.
Prohibited Uses - What You Cannot Do
You may NOT:
Recording and Capturing:
Record, screen-record, or capture any portion of live or on-demand classes through any method
Take screenshots or photographs of classes, Clare's demonstrations, or other participants
Use screen capture software, apps, or devices to record any content
Make audio recordings of classes or Clare's instruction
Downloading and Saving:
Download classes to your device's file system (outside the app)
Extract videos saved within the app to external storage
Transfer app-saved videos to another device or cloud storage
Circumvent digital rights management (DRM) or encryption on saved videos
Use third-party tools to download or extract video content
Sharing and Distribution:
Share your login credentials with family, friends, or anyone else
Allow others to use your account or access content under your membership
Redistribute, reproduce, or publicly display any Pilates Avatar Content
Post clips, screenshots, or descriptions of classes on social media without permission
Share videos saved in the app with others
Commercial Use:
Use Pilates Avatar Content for any commercial purpose
Teach your own classes based on Clare's choreography, sequencing, or methods
Create your own Pilates videos using Clare's techniques or class structure
Use Clare's cueing, teaching methods, or class formats in your instruction
Modification:
Create derivative works based on Pilates Avatar Content
Edit, remix, or modify any video content
Remove or alter copyright notices, watermarks, or branding
Translate or dub videos without permission
Technical Manipulation:
Use automated tools, bots, or scripts to access or download content
Attempt to reverse-engineer the app or website
Circumvent security measures or access restrictions
Hack, scrape, or data-mine our platform
Why This Matters
Clare Dunphy has developed unique teaching methods, choreography, and cueing techniques over nearly three decades of practice. These materials represent her creative and intellectual work. Unauthorized recording, sharing, or reproduction:
Violates federal and state copyright laws
Undermines our business model and ability to provide services
Deprives Clare of fair compensation for her creative work
May result in immediate termination of your account, legal action, and liability for damages
Live Class Recordings
Your Video Feed: Your individual camera feed during live Zoom classes is NOT recorded or saved by Pilates Avatar. Only Clare's demonstration and instruction are recorded.
Class Recordings: Live classes conducted via Zoom are recorded by Pilates Avatar and may be added to our on-demand library. By participating in live classes with your camera enabled, you consent to appear in the background of these recordings. Individual student feeds are not prominently featured or individually recorded.
If You Prefer Not to Appear: You may turn off your camera during live classes if you prefer not to appear in recordings. However, we encourage camera use so Clare can provide form feedback and corrections.
User-Generated Content in Community Spaces
When you post comments, questions, or other content in our community forum or discussions ("User Content"), you grant Pilates Avatar a non-exclusive, royalty-free, perpetual, worldwide license to use, display, reproduce, and moderate that content within our platform. You retain ownership of your User Content.
You agree that your User Content will not:
Infringe on others' intellectual property rights
Include screenshots, recordings, or detailed descriptions of Clare's proprietary class content
Share specific choreography sequences or cueing without permission
Violate these Terms or our Community Guidelines
Copyright Infringement Claims (DMCA)
If you believe content on our platform infringes your copyright, contact our designated DMCA agent at support@pilatesavatar.com with the following information required by the Digital Millennium Copyright Act:
Physical or electronic signature of the copyright owner or authorized representative
Description of the copyrighted work claimed to have been infringed
Description of where the allegedly infringing material is located on our Services
Your contact information (address, telephone number, email)
A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf
Counter-Notification: If you believe your content was wrongly removed due to a copyright claim, you may send a counter-notification to support@pilatesavatar.com with the information required by the DMCA.
Trademarks
"Pilates Avatar," the Pilates Avatar logo, and other marks used on our platform and in our app are trademarks of Progressive Bodyworks, Inc. You may not use these marks without our prior written permission.
Medical Clearance Recommendation
IMPORTANT: Pilates is a physical activity that may not be suitable for everyone. Before beginning any exercise program, including Pilates Avatar classes, you should consult with your physician or qualified healthcare provider, especially if you:
Have any pre-existing medical conditions (heart disease, diabetes, high blood pressure, etc.)
Are pregnant or recently gave birth
Have had recent surgery or injury
Experience chronic pain or musculoskeletal conditions
Are taking medications that may affect your ability to exercise safely
Have cardiovascular, respiratory, or joint problems
Have balance issues, vertigo, or dizziness
Are new to exercise or have been sedentary for an extended period
Have any concerns about your ability to exercise safely
Assumption of Risk
By participating in Pilates Avatar classes, you acknowledge and agree that:
Physical Activity Risks: Pilates involves physical exertion, stretching, and movement patterns that carry inherent risks, including but not limited to muscle soreness, strains, sprains, joint pain, and in rare cases, more serious injuries such as muscle tears, ligament damage, or cardiovascular events.
Home Environment: You are practicing in your own space, which Pilates Avatar cannot inspect, control, or ensure is safe. You are solely responsible for ensuring your practice space is:
Free of obstacles, furniture, and hazards
Has adequate flooring appropriate for exercise (not slippery)
Has sufficient ceiling height and clearance
Is appropriate for physical activity
Is free from distractions that could cause injury
Self-Paced Participation: You are responsible for:
Working at your own pace and ability level
Listening to your body and recognizing your limits
Modifying or stopping exercises as needed for your body
Not pushing through pain or unusual discomfort
Taking breaks when needed
No Medical Supervision: Pilates Avatar classes are fitness instruction, not medical treatment, physical therapy, or rehabilitation. Clare Dunphy is a Pilates instructor, not a physician, physical therapist, or licensed healthcare provider. Clare does not provide medical advice, diagnosis, or treatment.
Virtual Instruction Limitations: While Clare provides form feedback and corrections during live classes when your camera is enabled, virtual instruction has inherent limitations compared to in-person training:
Clare cannot physically adjust your form or prevent injuries
Camera angles may limit Clare's ability to see your full body alignment
Internet delays may affect real-time feedback
Clare cannot assess your physical condition or detect warning signs of distress
Individual Results Vary: Results from Pilates practice vary widely based on individual factors including genetics, body type, prior fitness level, consistency of practice, effort, overall lifestyle, diet, sleep, stress levels, and underlying health conditions. Pilates Avatar makes no guarantees about specific results.
Your Responsibilities
You agree to:
Stop immediately if you experience pain, dizziness, shortness of breath, chest discomfort, or any unusual symptoms
Inform Clare of any injuries, limitations, or medical conditions before participating in live classes (you may do this privately via email)
Modify exercises as needed for your body and skip exercises that don't feel appropriate
Practice on an appropriate, non-slip surface with adequate space
Stay properly hydrated before, during, and after classes
Take breaks whenever needed without feeling pressured to keep up
Not practice while under the influence of alcohol, recreational drugs, or medications that impair coordination or judgment
Understand that Pilates is not a substitute for medical care
Seek medical attention promptly if you experience injury or concerning symptoms
Release of Liability and Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN PILATES AVATAR CLASSES AND RELEASE PILATES AVATAR, PROGRESSIVE BODYWORKS INC., CLARE DUNPHY, AND ALL OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, OR INJURIES ARISING FROM YOUR PARTICIPATION IN PILATES AVATAR SERVICES.
This release includes, but is not limited to:
Injuries or illnesses resulting from Pilates practice
Injuries occurring in your home or practice environment
Injuries resulting from equipment failure or malfunction
Any health complications arising from or exacerbated by participation
Injuries resulting from following Clare's instruction
This release applies even if the injury or illness arises from the Released Parties' negligence (to the extent permitted by law), ordinary negligence, or other fault.
YOU UNDERSTAND THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN YOU AND THE RELEASED PARTIES AND THAT BY AGREEING TO THESE TERMS, YOU ARE GIVING UP YOUR RIGHT TO SUE THE RELEASED PARTIES FOR INJURIES ARISING FROM YOUR PARTICIPATION IN PILATES AVATAR SERVICES.
Emergency Situations
If you experience a medical emergency during a live class or while practicing:
Stop participating immediately
Call emergency services (911 in the United States) if needed
Seek immediate medical attention
Notify us at support@pilatesavatar.com after the emergency is resolved (optional)
Pilates Avatar and Clare Dunphy are not responsible for providing emergency assistance during virtual classes. You are responsible for your own safety and emergency response.
State-Specific Rights
Some states do not allow the exclusion or limitation of liability for negligence or certain types of damages. In such states, the above limitations may not fully apply to you, and our liability is limited to the fullest extent permitted by your state's law.
Your privacy is important to us. Our Privacy Policy explains how we collect, use, store, and protect your personal information, including:
Account and payment information
Usage data and viewing history
Technical information from your devices
Communications with us
By using our Services, you also agree to our Privacy Policy, which is incorporated into these Terms by reference. You can review our Privacy Policy at https://members.pilatesavatar.com/privacy or by contacting support@pilatesavatar.com.
By using Pilates Avatar Services, you consent to receive electronic communications from us, including:
Transactional Communications (cannot opt out):
Account creation and verification
Billing and payment confirmations
Password resets and security alerts
Membership changes and cancellations
Service announcements and Terms updates
Responses to your support inquiries
Operational Communications (cannot opt out):
Live class schedules and changes
New class notifications
Service disruptions or maintenance notices
Marketing Communications (can opt out):
Promotional offers and discounts
Newsletters and Pilates tips
New feature announcements
Content recommendations
These communications may be sent via:
Email to your registered email address
In-app notifications or push notifications (if enabled)
SMS/text messages (if you have opted in)
Notices posted on our website or within the app
You may opt out of marketing communications by:
Clicking "unsubscribe" in any marketing email
Adjusting your notification preferences in account settings
Replying STOP to text messages
Emailing support@pilatesavatar.com
You cannot opt out of transactional or operational communications related to your account and use of Services.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by law, Pilates Avatar and Progressive Bodyworks, Inc. disclaim all warranties, including but not limited to:
No Warranty of Fitness Results:
We make no guarantees about physical results, fitness improvements, weight loss, muscle gain, flexibility gains, pain relief, or health outcomes from participating in Pilates classes
Results vary based on individual factors including genetics, consistency, effort, body type, diet, lifestyle, prior fitness level, and overall health
Individual experiences and results will differ
No Warranty of Service Performance:
That the Services will meet your specific requirements or expectations
That the Services will be uninterrupted, timely, secure, or error-free
That any defects, bugs, or errors will be corrected
That the Services are free of viruses, malware, or other harmful components
That content quality will meet specific standards at all times
No Warranty of Accuracy:
We do not warrant the accuracy, reliability, or completeness of any content, instruction, or information provided
Clare's instruction is based on her training and experience but may not be suitable for all individuals
Pilates techniques and philosophies may evolve or differ among instructors
Third-Party Services:
We are not responsible for the performance, security, availability, or practices of third-party services including Zoom, payment processors, hosting providers, or app stores
Third-party service disruptions or failures are beyond our control
Mobile App:
We do not warrant that the mobile app will be compatible with all devices or operating system versions
App functionality may vary across different devices and platforms
Future operating system updates may affect app compatibility
Saved Videos:
For All-Access members who save videos in the app, we do not guarantee that saved videos will remain accessible if the app is uninstalled, if your device malfunctions, or if you run out of storage space
Saved videos are encrypted and may become inaccessible due to technical issues beyond our control
User-Generated Content:
Pilates Avatar is not responsible for the accuracy, safety, legality, or appropriateness of content posted by users in community spaces
We do not endorse or verify user-posted content
Internet Transmission:
Data transmission over the Internet is not completely secure
We cannot guarantee the security of information transmitted to or from our Services
You transmit information at your own risk
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU. IN SUCH STATES, WARRANTIES ARE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, PILATES AVATAR, PROGRESSIVE BODYWORKS INC., CLARE DUNPHY, AND ALL OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") SHALL NOT BE LIABLE FOR:
Excluded Categories of Damages
The Released Parties shall not be liable for any:
Indirect, incidental, special, consequential, punitive, or exemplary damages
Loss of profits, revenue, or business opportunities
Loss of data, information, or saved content
Loss of goodwill or reputation
Personal injury, illness, or death (except where prohibited by law)
Property damage
Emotional distress, mental anguish, or pain and suffering
Costs of substitute services or replacement goods
Examples of Excluded Liability
This limitation applies to claims arising from or related to:
Your use or inability to use the Services
Injuries, illnesses, or health complications from participating in classes
Technical issues, service interruptions, or platform outages
Lost or inaccessible saved videos in the mobile app
Unauthorized access to your account
Errors, omissions, or inaccuracies in content or instruction
Actions or inactions of Clare or other instructors
Your reliance on information provided through the Services
Interactions with other users
Third-party services (Zoom, payment processors, etc.)
Malware, viruses, or security breaches
Any other matter relating to the Services
Legal Theories Covered
This limitation applies regardless of the legal theory under which damages are claimed, including:
Contract
Tort (including negligence)
Strict liability
Warranty
Statutory claims
Any other legal theory
This limitation applies even if:
The Released Parties have been advised of the possibility of such damages
Any remedy fails of its essential purpose
Damages were foreseeable
Maximum Liability Cap
TO THE EXTENT LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, PILATES AVATAR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE LESSER OF:
The amount you paid to Pilates Avatar in the 12 months immediately preceding the claim, or
$100
This cap applies to all claims collectively, not per incident.
State-Specific Rights
Some states do not allow the exclusion or limitation of certain warranties, damages, or liability. In such states, our liability is limited to the fullest extent permitted by law. You may have additional rights under your state's consumer protection laws.
No Liability for Third Parties
Pilates Avatar is not liable for:
Actions or omissions of Zoom or disruptions to Zoom services
Payment processor errors, delays, or security breaches
App store policies, removals, or restrictions
Internet service provider issues
Third-party hacking or security breaches
Any other third-party services we rely on
You agree to defend, indemnify, and hold harmless Pilates Avatar, Progressive Bodyworks Inc., Clare Dunphy Hemani, and all officers, directors, employees, contractors, agents, and affiliates (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising from or related to:
Your Obligations to Indemnify
You agree to indemnify the Indemnified Parties for claims arising from:
Your Use of Services:
Your access to or use of Pilates Avatar Services
Your participation in live or on-demand classes
Injuries or illnesses you suffer while participating in classes
Your use of the mobile app or saved videos
Your Violations:
Your violation of these Terms
Your violation of Community Guidelines
Your infringement of any intellectual property rights
Your violation of any applicable laws or regulations
Your Content:
Content you post in community spaces
Your communications with other users
False, misleading, or defamatory statements you make
Your Account:
Unauthorized use of your account by others due to your failure to secure your credentials
Activities that occur under your account
Third-Party Claims:
Claims by third parties arising from your actions or omissions
Claims related to injuries you cause to others
Claims related to property damage you cause
Indemnification Process
Notice: Pilates Avatar will provide you with prompt written notice of any claim, suit, or proceeding for which we seek indemnification.
Control of Defense: You will have the right to control the defense of any such claim, provided that:
You provide competent legal counsel reasonably acceptable to Pilates Avatar
Pilates Avatar may participate in the defense at our own expense
You may not settle any claim without Pilates Avatar's prior written consent if the settlement imposes obligations on or admits liability by Pilates Avatar
Pilates Avatar's Right to Control: Pilates Avatar reserves the right to assume exclusive control of the defense and settlement of any claim subject to indemnification at our own expense.
Cooperation: You agree to cooperate fully with Pilates Avatar in the defense of any claim, including providing information, documents, and testimony as reasonably requested.
This indemnification obligation survives termination of these Terms and your use of the Services.
Modifications to Services
Pilates Avatar reserves the right, at any time and without prior notice, to:
Content and Features:
Modify, add, or discontinue any aspect of the Services
Change live class schedules, formats, times, or frequency
Add or remove videos from the on-demand library
Update or modify the mobile app features or design
Change community features or forum structure
Introduce new features or services
Business Changes:
Change pricing for new members
Modify membership tiers or create new membership options
Discontinue certain membership types (with notice to affected members)
Change payment processing methods
Notice of Material Changes:
For changes that significantly affect your access to Services, we will provide reasonable advance notice
Notice may be provided via email, in-app notification, or website announcement
Current members will receive 30 days notice of membership price increases
Account Termination by Pilates Avatar
We may suspend or terminate your account and access to Services immediately, without prior notice or refund, if:
Violations of Terms:
You violate these Terms of Service
You violate Community Guidelines
You engage in prohibited conduct as outlined in Section 8
Intellectual Property Violations:
You record, screenshot, or capture any classes or content
You share your login credentials with others
You redistribute or commercially use our content
You attempt to download or extract videos outside the app
Fraudulent or Illegal Activity:
You use stolen credit cards or engage in payment fraud
You use the Services for illegal purposes
You provide false information during registration
You create multiple accounts to abuse free trials or promotions
Harmful Behavior:
You harass, threaten, or harm other members or staff
You post inappropriate, offensive, or illegal content
You disrupt Services or interfere with other users' enjoyment
You engage in behavior that could harm Pilates Avatar's reputation
Technical Abuse:
You use bots, scrapers, or automated tools to access Services
You attempt to hack, breach security, or reverse-engineer our platform
You attempt to circumvent payment systems or access restrictions
Effect of Termination by Pilates Avatar:
Immediate loss of access to all Services
No refund for unused time in current billing period
Loss of access to any videos saved in mobile app
Permanent ban from creating new accounts (in cases of serious violations)
Account Termination by You
You may terminate your account at any time by:
Canceling your membership through account settings as described in Section 6
Emailing support@pilatesavatar.com with a cancellation request
Effect of Your Cancellation:
Access continues through the end of your current billing period
No refunds for unused time
Videos saved in app remain accessible until membership ends
You may rejoin at any time (unless you have been banned)
Effect of Termination
Upon termination of your account by either party:
Immediate Effects:
Your license to access Pilates Avatar Content terminates immediately
You must cease all use of the Services
You must delete the mobile app from your devices
You may not access or attempt to access your account
Surviving Obligations:
You remain responsible for any outstanding fees or charges
Your indemnification obligations continue
Intellectual property restrictions continue to apply to any content you may have seen or practiced
Confidentiality obligations continue
Data Retention:
We may retain your account information as required by law or for legitimate business purposes
Personal data will be handled according to our Privacy Policy
We are not obligated to retain your data after termination
Sections That Survive Termination
The following sections of these Terms survive termination and continue to apply:
Intellectual Property Rights (Section 10)
Health and Safety; Assumption of Risk (Section 11)
Warranty Disclaimers (Section 14)
Limitation of Liability (Section 15)
Indemnification (Section 16)
Dispute Resolution and Arbitration (Section 18)
General Provisions (Section 19)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Governing Law
These Terms and any disputes arising from or relating to these Terms or your use of Pilates Avatar Services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.
Informal Dispute Resolution
Before filing any formal legal action, you agree to first contact us at support@pilatesavatar.com to attempt to resolve the dispute informally. Please provide:
Your name and account email
Detailed description of the dispute
What resolution you are seeking
We will attempt to resolve the dispute informally within 30 days. If we cannot reach a resolution, either party may proceed with formal dispute resolution.
Binding Arbitration Agreement
Agreement to Arbitrate: You and Pilates Avatar agree that any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Services (collectively, "Disputes") will be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as provided below.
Exceptions to Arbitration: Either party may pursue the following claims in court rather than arbitration:
Claims that qualify for small claims court (provided the claim remains in small claims court)
Claims seeking injunctive or equitable relief for intellectual property infringement
Claims for violation of intellectual property rights
Arbitration Rules:
Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect
The AAA Rules are available at www.adr.org or by calling 1-800-778-7879
The arbitrator will apply Massachusetts law and these Terms
The arbitrator's decision will be final and binding
Judgment on the arbitration award may be entered in any court of competent jurisdiction
Arbitration Location:
Arbitration hearings will take place in Massachusetts or another mutually agreeable location
At your request, the arbitration may be conducted telephonically or via video conference
Arbitration Fees:
Pilates Avatar will pay all AAA filing, administration, and arbitrator fees for claims of $10,000 or less
For claims exceeding $10,000, fees will be allocated according to AAA Rules
If you prevail on your claim and the arbitrator awards you an amount greater than our last settlement offer (or if we made no settlement offer), we will pay your reasonable attorney's fees
Class Action Waiver
YOU AND PILATES AVATAR AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR ANY OTHER PROCEEDING IN WHICH A PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
Neither you nor Pilates Avatar may:
Bring a claim as a class member in any class or representative proceeding
Join multiple claims in one arbitration unless all parties agree
Serve as a class representative or participate as a member of a class
If a court or arbitrator determines that the class action waiver is unenforceable, the arbitration agreement in its entirety is void, and the dispute will be resolved in court.
Jury Trial Waiver
YOU AND PILATES AVATAR WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY.
You and Pilates Avatar are instead electing to have disputes resolved through arbitration, except as specified in the exceptions above.
30-Day Right to Opt Out of Arbitration
You have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms.
To opt out, you must send written notice by email to support@pilatesavatar.com with:
Subject line: "Arbitration Opt-Out"
Your full name
Email address associated with your account
Clear statement that you wish to opt out of the arbitration agreement
Effect of Opting Out:
You will not be bound by the arbitration provisions in Section 18
All other provisions of these Terms remain in full effect
Disputes will be resolved in court as provided in Section 18 (Jurisdiction and Venue)
You must opt out within 30 days; opt-outs received after 30 days are not valid
Jurisdiction and Venue (If Arbitration Does Not Apply)
If the arbitration agreement does not apply (because you opted out or a claim falls under an exception), you agree that:
Exclusive Jurisdiction:
Any lawsuit arising from these Terms or your use of Services must be filed in the state or federal courts located in Massachusetts
You consent to the exclusive jurisdiction of these courts
Venue:
Venue for any such lawsuit shall be in Massachusetts
You waive any objection to venue in Massachusetts
You waive any claim that Massachusetts is an inconvenient forum
Limitations Period
You agree that any claim or cause of action arising from or related to these Terms or your use of the Services must be filed within ONE (1) YEAR after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.
No Class Relief
The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, representative, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s).
Entire Agreement
These Terms, together with our Privacy Policy and any additional terms you agree to when using specific features of the Services, constitute the entire agreement between you and Pilates Avatar regarding your use of the Services and supersede all prior agreements, understandings, representations, and warranties, whether oral or written.
No Partnership or Agency
Nothing in these Terms creates or shall be deemed to create a partnership, joint venture, employer-employee relationship, or principal-agent relationship between you and Pilates Avatar. You have no authority to bind Pilates Avatar or incur any obligation on our behalf.
Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction:
That provision shall be enforced to the maximum extent possible to give effect to the intent of the parties
The remaining provisions of these Terms shall remain in full force and effect
The invalid provision shall be replaced with a valid provision that most closely reflects the original intent
No Waiver
Our failure or delay in exercising any right, power, or privilege under these Terms does not constitute a waiver of that right, power, or privilege. No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Pilates Avatar.
Any waiver by Pilates Avatar of any breach or default shall not constitute a waiver of any subsequent breach or default.
Assignment
Your Assignment: You may not assign, transfer, sublicense, or delegate these Terms, your account, or any rights or obligations hereunder without Pilates Avatar's prior written consent. Any attempted assignment in violation of this provision is void.
Our Assignment: Pilates Avatar may freely assign, transfer, or delegate these Terms and our rights and obligations hereunder without restriction, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
Force Majeure
Pilates Avatar shall not be liable for any failure or delay in performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:
Acts of God (earthquakes, floods, fires, hurricanes, pandemics)
War, terrorism, riots, or civil unrest
Government actions, orders, or regulations
Labor disputes or strikes
Internet, telecommunications, or utility failures
Failures of third-party services (Zoom, payment processors, hosting providers, app stores)
Natural disasters or extreme weather events
Public health emergencies
During any such force majeure event, our obligations under these Terms are suspended for the duration of the event.
Notices
Notices to You: Pilates Avatar may provide notices to you via:
Email to your registered email address
Posting on our website at pilatesavatar.com
In-app notification or message within the mobile app
Physical mail to your registered address (if applicable)
You agree that electronic notices satisfy any legal requirement that notices be in writing. Notices sent by email are deemed delivered 24 hours after being sent. Notices posted on our website or in the app are deemed delivered when posted.
Notices to Pilates Avatar: Any notices to Pilates Avatar must be sent to:
Email: support@pilatesavatar.com
Subject line should clearly indicate the nature of the notice
Notices to Pilates Avatar are deemed delivered when received by us.
Electronic Signatures and Records
You consent to the use of electronic records and signatures for these Terms and all transactions conducted through the Services. Your agreement to these Terms constitutes your electronic signature, which has the same legal effect as a handwritten signature.
Headings and Interpretation
Section and subsection headings in these Terms are for convenience only and have no legal or contractual effect. They do not affect the interpretation of these Terms.
Language
These Terms are written in English. Any translations provided are for convenience only. In the event of any conflict between the English version and a translated version, the English version controls.
Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights except as expressly stated herein. No third party (other than the Indemnified Parties and Released Parties as specifically identified) has any rights under these Terms.
Relationship to Other Agreements
If you have entered into any other agreements with Pilates Avatar (such as for special programs, workshops, or teacher training), those agreements remain in effect and are separate from these Terms unless specifically superseded.
Changes to Company Information
If Progressive Bodyworks, Inc. changes its legal name, merges with another entity, or undergoes corporate restructuring, these Terms remain in effect and binding on successor entities.
Mobile App Store Terms
If you download our mobile app from the Apple App Store or Google Play Store:
You acknowledge that these Terms are between you and Pilates Avatar, not with Apple Inc. or Google LLC
Apple and Google are not responsible for the app or its content
Apple and Google have no obligation to provide maintenance or support services
You must comply with all applicable app store terms of service
In the event of a conflict between app store terms and these Terms, these Terms control with respect to your use of Pilates Avatar Services
If you have questions, concerns, or comments about these Terms of Service, please contact us:
Progressive Bodyworks, Inc. Email: support@pilatesavatar.com Website: pilatesavatar.com
For Specific Inquiries:
General support and membership questions: support@pilatesavatar.com
Technical support: support@pilatesavatar.com
Copyright and DMCA notices: support@pilatesavatar.com
Legal notices: support@pilatesavatar.com
By creating an account, accessing Pilates Avatar Services, downloading our mobile app, or participating in any classes, you acknowledge that:
You have read and understood these Terms of Service in their entirety
You agree to be bound by these Terms
You are at least 18 years of age
You have the legal capacity to enter into this agreement
You understand the risks associated with physical exercise and assume those risks
You have consulted with a physician if you have any health concerns (or chosen not to at your own risk)
You agree to the arbitration provisions and class action waiver in Section 18
If you do not agree to these Terms, you must not create an account or use Pilates Avatar Services.
© 1998-2025 Progressive Bodyworks, Inc. All rights reserved.
"Pilates Avatar" is a trademark of Progressive Bodyworks, Inc.