Terms of Service | Ton Pilates

Terms of Service

Last Updated: May 2026

Welcome to the website of Tōn Pilates LLC (“Tōn Pilates,” “we,” “our,” or “us”). By accessing or using this website, booking classes, purchasing memberships, class packs, private sessions, merchandise, or otherwise interacting with our services, you agree to these Terms of Service.

If you do not agree to these Terms, please do not use this website or our services.

1. Business Information

Tōn Pilates LLC

22-04 31st Street

Astoria, New York 11105

Email: info@tonpilates.com

2. Eligibility

By using this website or participating in services offered by Tōn Pilates, you confirm that you are at least eighteen (18) years of age. Tōn Pilates does not admit participants under the age of eighteen (18) to classes except pursuant to a separate written minor participation agreement signed by the minor’s parent or legal guardian.

By participating in classes, instruction, or other services at the Studio (collectively, the “Instruction”), you represent and warrant that:

(a) you are in good physical condition, are not under the influence of alcohol, illegal drugs, or any medication that could impair your ability to exercise safely, and have no medical condition, disability, injury, or physical limitation that would prevent safe participation in Instruction;

(b) you have consulted, or have had the opportunity to consult, a licensed physician regarding your participation in Pilates Instruction, including Hot Pilates where applicable, and have been cleared to participate, or have voluntarily elected to participate without such consultation; and

(c) you will disclose to Tōn Pilates, prior to each class, any medical condition, injury, disability, pregnancy, recent surgery, or other physical limitation that could affect your safe participation, and will inform the instructor immediately of any pain, discomfort, dizziness, or unusual symptom experienced during class.

You further acknowledge that participation in Hot Pilates is not appropriate for all individuals, particularly those with cardiovascular conditions, hypertension, pregnancy, or heat sensitivity, and you agree to consult a licensed physician before participating in any Hot Pilates class.

Tōn Pilates reserves the right to decline service to, or remove from the Studio, any client who fails to comply with Studio rules, policies, safety guidelines, or the instructions of Tōn Pilates instructors and staff.

3. Health and Wellness Disclaimer

Participation in Pilates, fitness, and wellness activities involves physical activity and inherent risks. By participating in classes, sessions, or activities offered by Tōn Pilates, you acknowledge that you are voluntarily engaging in physical exercise and assume all associated risks.

Tōn Pilates is not a medical provider and does not provide medical advice, diagnosis, or treatment. Tōn Pilates makes no representation or warranty, express or implied, regarding the fitness of the Studio, equipment, or Instruction for any particular purpose, or regarding any specific physical, aesthetic, or health outcome. Results vary by individual and no specific result is promised or guaranteed.

You acknowledge and agree that physical exercise and Pilates Instruction, including the use of reformer, tower, and other specialized equipment, props, straps, springs, and carriages, involve inherent and unavoidable risks of physical injury, illness, and property damage, including without limitation muscle strain or tear, sprain, fracture, pinched or crushed fingers or hands, falls from equipment, cardiovascular events, musculoskeletal injury, and exacerbation of pre-existing conditions.

Hot Pilates classes are conducted in a heated environment and involve additional risks, including without limitation dehydration, heat exhaustion, heat stroke, dizziness, fainting, and cardiovascular stress.

You further acknowledge that Pilates Instruction involves close physical proximity to instructors and other participants and shared use of equipment and surfaces, and that such conditions may facilitate the transmission of communicable diseases, including without limitation COVID-19, influenza, norovirus, and other viral, bacterial, or fungal illnesses. You voluntarily assume all risks of exposure to and contraction of such diseases arising out of or in connection with your participation at Tōn Pilates, and you agree not to attend class if you are experiencing symptoms of a communicable illness or have been advised to isolate or quarantine by a healthcare provider or public health authority.

Clients should consult a physician before beginning any exercise program, particularly if pregnant, recovering from injury, or managing a medical condition.

4. Waiver Requirement

All clients are required to complete and sign Tōn Pilates’ Client Waiver, Release of Liability, Assumption of Risk, and Indemnification Agreement (the “Waiver”) prior to participating in classes or services. Failure to complete required waiver documentation may result in denial of participation.

By signing the Waiver, the client expressly, knowingly, and voluntarily releases, waives, discharges, and covenants not to sue Tōn Pilates LLC and the other Released Parties (as defined in the Waiver) from and against any and all claims, demands, actions, causes of action, costs, expenses (including attorneys’ fees), damages, and liabilities of every kind and nature, whether known or unknown, foreseen or unforeseen, arising out of or in any way connected with the client’s participation in classes, instruction, or other services at Tōn Pilates, including, without limitation, any claim based upon the negligence of any of the Released Parties. This release includes claims for ordinary negligence on the part of any Released Party.

The client also agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by any third party and arising out of or relating to (a) the client’s participation in Instruction or presence at the Studio, (b) any breach by the client of the Waiver, or (c) any act or omission of the client at or in connection with the Studio, except to the extent caused by the gross negligence or willful misconduct of a Released Party.

The full terms of the Waiver are incorporated herein by reference and shall control in the event of any conflict with these Terms.

5. Bookings, Memberships, and Purchases

Tōn Pilates offers in-person classes, memberships, class packs, private sessions, and in-studio merchandise. Bookings and payments may be processed through third-party providers, including Momence and Stripe.

By making a purchase, you agree to any applicable pricing, billing terms, cancellation policies, and usage limitations associated with the purchased service, including the full terms of Tōn Pilates’ Cancellation, Refund, and Membership Policy (the “Membership Policy”), which is incorporated herein by reference.

6. Cancellation and Refund Policies

Cancellation, late cancellation, no-show, membership freeze, expiration, and refund policies may vary depending on the service or offering purchased. The following summary is qualified in its entirety by the Membership Policy.

6.1 Class Reservations and Cancellation Window.

All classes must be reserved in advance through the Tōn Pilates online booking system. A member may cancel or reschedule a reserved class without penalty by providing at least twelve (12) hours’ notice prior to the scheduled class start time, submitted through the online booking system.

6.2 Late Cancellations and No-Shows.

Any cancellation made less than twelve (12) hours before the scheduled class, and any failure to attend a reserved class (a “no-show”), shall be subject to the following: (a) for members holding a class package, one (1) class shall be forfeited from the member’s package without refund or credit; and (b) for members holding an Unlimited Membership, a no-show shall result in a charge of Twenty Dollars ($20.00) to the member’s payment method on file, and a late cancellation submitted through the online booking system shall result in a charge of Ten Dollars ($10.00) to the member’s payment method on file.

6.3 Daily Session Limit.

All Unlimited Memberships are limited to one (1) reserved session per calendar day.

6.4 Class Packages.

Class packages are paid in full at the time of purchase and are non-refundable. Unused classes shall expire in accordance with the expiration terms disclosed at the time of purchase and may not be extended, reinstated, or redeemed after expiration, except as expressly required by applicable law.

6.5 Monthly Unlimited Membership Cancellation.

A member may cancel a Monthly Unlimited Membership at any time by delivering written notice of cancellation in accordance with the Membership Policy. The cancellation shall be effective thirty (30) days after the date of receipt of such notice by Tōn Pilates. The member shall retain full access to classes through the effective date of cancellation, and the monthly charge(s) corresponding to the thirty (30)-day notice period shall be non-refundable.

6.6 Annual Unlimited Membership; Non-Refundable.

Annual Unlimited Memberships are paid in full at enrollment in exchange for a discounted rate. Except as expressly required under Section 6.8 below, Annual Unlimited Memberships are non-refundable and may not be cancelled for refund during the twelve (12)-month term. A member may at any time elect to terminate the automatic renewal of an Annual Unlimited Membership by providing written notice of non-renewal not less than thirty (30) days prior to the renewal date.

6.7 Membership Freeze.

A member in good standing may request that an active Unlimited Membership be placed on hold (a “Freeze”) for up to three (3) consecutive months per calendar year for documented medical or travel reasons. A medical Freeze requires a signed letter from a licensed physician stating the medical condition and recommended duration of the Freeze. A travel Freeze requires reasonable documentation evidencing the member’s travel, such as a travel itinerary, booking confirmation, or comparable evidence. Freeze requests must be submitted in writing not less than seven (7) days prior to the requested start date of the Freeze.

6.8 Statutory Cancellation Rights.

In accordance with Article 30 of the New York General Business Law (Health Club Services), a member, or the member’s estate, shall have the right to cancel any membership, including without limitation an Annual Unlimited Membership, under any of the following circumstances:

(a) within three (3) business days following the date of enrollment, for any reason;

(b) upon the death of the member, by the member’s estate, upon submission of a certified death certificate;

(c) if the member becomes significantly physically disabled for a period exceeding three (3) consecutive months, upon submission of a signed statement from a licensed physician certifying such disability;

(d) if the member’s permanent residence is relocated to a location more than twenty-five (25) miles from the Studio, upon submission of reasonable documentation; or

(e) if the services offered at the Studio are no longer available or substantially available due to Tōn Pilates’ permanent discontinuance of operations or a substantial change in operations.

Upon a valid cancellation under this Section 6.8, Tōn Pilates shall refund the pro-rata portion of any prepaid fees corresponding to the unused portion of the membership term, calculated from the effective date of cancellation, within ten (10) business days following receipt of the cancellation notice and any required supporting documentation. These rights are statutory and may not be waived.

6.9 Failed Payments.

If a member’s payment method is declined, Tōn Pilates shall attempt to re-process the payment within three (3) business days. If a second attempt is unsuccessful, the member’s account shall be suspended until payment is received in full. If any failed payment remains outstanding for more than fourteen (14) days following the original billing date, a late fee of Fifteen Dollars ($15.00) shall be assessed. If any failed payment remains outstanding for more than thirty (30) days, Tōn Pilates reserves the right to terminate the membership for non-payment.

6.10 Studio-Initiated Cancellations.

In the event that Tōn Pilates cancels a scheduled class for any reason, the member shall receive a full credit of the affected class to the member’s account, with no forfeiture or charge.

7. Merchandise

Tōn Pilates offers a limited selection of branded merchandise (such as hats and socks) for purchase exclusively in-studio. Tōn Pilates does not ship merchandise and does not offer online merchandise sales through this website.

All merchandise sales are subject to availability. Tōn Pilates reserves the right to modify product offerings, pricing, or discontinue products at any time without notice.

All merchandise sales are final. Merchandise may not be returned, exchanged, or refunded once purchased. By completing a merchandise purchase, you acknowledge and accept this final-sale policy.

8. Intellectual Property

All content on this website, including without limitation logos, branding, photographs, graphics, text, and design elements, is the property of Tōn Pilates LLC and may not be copied, reproduced, distributed, or used without the prior written permission of Tōn Pilates.

9. Third-Party Services

This website may use or link to third-party services, including booking platforms, payment processors, analytics providers, and social media platforms. Tōn Pilates is not responsible for the policies, security, or practices of any third-party provider.

10. Limitation of Liability

To the fullest extent permitted by law, Tōn Pilates LLC shall not be liable for any indirect, incidental, consequential, or special damages arising out of or relating to the use of this website, participation in services, or purchases made through this website.

Without limiting the generality of the foregoing, and as set forth more fully in the Waiver, you expressly, knowingly, and voluntarily release, waive, discharge, and covenant not to sue Tōn Pilates LLC and its members, managers, officers, owners, instructors, employees, independent contractors, agents, and representatives, and Ditmars Realty Associates LLC and its members, managers, officers, owners, agents, representatives, and mortgagees (collectively, the “Released Parties”), from and against any and all claims, demands, actions, causes of action, costs, expenses (including attorneys’ fees), damages, and liabilities of every kind and nature, whether known or unknown, foreseen or unforeseen, arising out of or in any way connected with your participation in classes, instruction, or other services at Tōn Pilates, including, without limitation, any claim based upon the negligence of any of the Released Parties. This release includes claims for ordinary negligence on the part of any Released Party.

This release does not apply to, and shall not be construed to release, any claim arising out of the gross negligence or willful misconduct of any Released Party, or any claim that may not be released as a matter of applicable law. If any portion of this release is held unenforceable, it shall be construed to release the Released Parties to the maximum extent permitted by applicable law.

Tōn Pilates makes no representation or warranty, express or implied, regarding the fitness of the Studio, equipment, or Instruction for any particular purpose, or regarding any specific physical, aesthetic, or health outcome.

11. Changes to These Terms

Tōn Pilates reserves the right to update or modify these Terms at any time without prior notice. Continued use of the website or services following the posting of any such update or modification shall constitute acceptance of the revised Terms.

12. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts-of-laws principles. Any action or proceeding arising out of or relating to these Terms shall be brought exclusively in a court of competent jurisdiction located in Queens County, New York, and you hereby consent to the personal jurisdiction of such courts.

13. Contact

Questions regarding these Terms may be directed to info@tonpilates.com.