Terms and Conditions

These Terms of Use, including any policies, rules and other terms expressly incorporated herein by reference (collectively, the "Terms"), form a legally binding agreement between you ("you" or "your") and ONYX Franchising LLC ("ONYX," "we," "us," or "our"), the franchisor of the ONYX Pilates system.

Each ONYX Pilates studio is independently owned and operated, either by us or by a franchisee. "Studio" means the ONYX Pilates studio you book, visit, join or opt in with, together with the company that owns and operates it. Memberships and in-studio services are provided by the Studio under your membership agreement with it, as described in Section 7.

These Terms govern:

• Your access to and use of www.onyxpilates.com (the "Site")
• Any ONYX mobile application (the "App")
• The ONYX Pilates text message program (the "SMS Program")
• Online booking and checkout through the Site or App

Collectively, these are the "Services."

By accessing the Site or App, booking a class or making a purchase online, you agree to these Terms.

1. Acceptance of Terms

By accessing or using the Services, registering for an account, or clicking to accept these Terms, you agree to be legally bound.

If you do not agree, do not use the Services.

Additional agreements, including the Studio Policies, studio waivers and membership agreements, may apply ("Additional Terms"). If there is a conflict, the more specific agreement controls.

2. Age Requirement

You must be at least 18 years old, and the age of majority in your state of residence, to create an account or make a purchase on your own. Members aged 16 or 17 may use the Services only with the consent of a parent or legal guardian, who agrees to these Terms on their behalf. The Services are not available to anyone under 16.

You must be 18 or older to join the SMS Program. By using the Services, you represent that you meet these requirements.

3. Modifications

We may modify these Terms at any time. Updates will be posted on the Site. Continued use of the Services constitutes acceptance of the updated Terms.

4. Privacy

Your personal information is governed by our Privacy Policy, incorporated herein by reference.

5. Mobile Services

If you access the Services via mobile device, carrier charges may apply. Giving us your phone number does not enroll you in text messages. You receive texts only if you opt in to the SMS Program described in Section 14. Consent is not a condition of purchase.

6. Accounts

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

We may suspend or terminate accounts for violations of these Terms.

7. Memberships and Studio Services

Memberships, passes, packs, single classes, retail products and in-studio classes are sold and provided by the Studio, not by ONYX, unless ONYX owns that Studio.

They are governed by the membership agreement or purchase terms you accept with the Studio, and by the Studio Policies at https://www.onyxpilates.com/policies.

8. Disclaimer of Warranties

The Services, including workouts and health-related content, are provided for general informational purposes only and do not constitute medical advice.

Consult a physician before beginning any exercise program.

All Services are provided "AS IS" without warranties of any kind.

9. Limitation of Liability

To the fullest extent permitted by law, ONYX, its affiliates and the Studios shall not be liable for indirect, incidental, or consequential damages arising from the Site, App or SMS Program.

Total liability shall not exceed $100.

10. Indemnification

You agree to indemnify ONYX, its affiliates and the Studios against claims arising from your use of the Services or violation of these Terms.

11. Governing Law

These Terms are governed by the laws of the State of Illinois.

12. Dispute Resolution and Arbitration

All disputes arising from these Terms, with ONYX, its affiliates or a Studio, shall be resolved by binding individual arbitration in Cook County, Illinois.

You waive the right to a jury trial and to participate in class actions.

Claims must be brought within one (1) year.

13. Miscellaneous

If any provision is deemed unenforceable, the remainder remains in effect. These Terms, together with the Additional Terms, constitute the entire agreement between you and ONYX regarding the Services.

14. SMS Program

The ONYX Pilates SMS Program is operated by ONYX and the Studios. Texts are sent by or on behalf of ONYX and the Studio you opted in with.

14.1 What We Send

If you opt in, we may text the mobile number you provide with:

• Booking confirmations and class reminders
• Waitlist and schedule updates
• Billing, payment and membership notices
• Account and security messages
• Offers and promotions, only if you separately opt in to marketing texts

Staff and instructors who opt in through our team app may also receive shift and schedule messages.

14.2 How to Opt In

You opt in by checking the text message consent box when you sign up, book or check out, or by texting a keyword we publish to an ONYX Pilates number. Consent is not a condition of any purchase.

14.3 How to Opt Out

Reply STOP to any message to cancel. You will receive one final message confirming you are unsubscribed, and no further texts from that number. To rejoin, opt in again or reply START.

14.4 Help and Support

Reply HELP to any message for help, email hello@onyxpilates.com, or call your Studio. Studio phone numbers are listed at www.onyxpilates.com.

14.5 Message Frequency and Costs

Message frequency varies. Message and data rates may apply. Check your mobile plan for details.

14.6 Carrier Liability

Carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier and device.

14.7 Eligibility

You must be 18 or older to join the SMS Program, and you must be the account holder or authorized user of the mobile number you provide.

14.8 Privacy

We do not share mobile contact information with third parties or affiliates for marketing or promotional purposes. Our Privacy Policy, including how we handle text message opt-in data, is available at https://www.onyxpilates.com/privacy.

15. Contact

Questions may be directed to:

• ONYX Franchising LLC
• legal@onyxpilates.com
• 102 West Chicago Ave, Chicago, IL 60654