Terms of Service — Cayuga Movement

Last Updated: May 25, 2024

Welcome to Cayuga Movement! Before we begin our health journey, we want to ensure you’re fully informed about the details and logistics of working with us. Cayuga Movement LLC (the “Company,” “we,” “our,” and “us”) provides fitness coaching, nutritional coaching, and other health services like assisted stretching and myofascial mobilizations. By reading our website or engaging in our services, you agree to comply with and be bound by the following terms of service. Please read these terms carefully before committing to our services.

1. Your Relationship with Cayuga Movement

Your use of Cayuga Movement’s products and services (referred to collectively as the “Services” in this document and excluding any services provided to you by Cayuga Movement under a separate written agreement) is subject to the terms of a legal agreement between you and Cayuga Movement. “CM” means Cayuga Movement LLC. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Included in the use of “CM” are the employees of Cayuga Movement and independent contractors commissioned by Cayuga Movement.
Any use of the word “You” or “Client,” including plural, possessive, and uncapitalized forms, means the family and/or student receiving Services from CM.
Unless otherwise agreed in writing with CM, your agreement with CM will always include, at minimum, the terms and conditions set out in this document. These are referred to below as the “Terms”.

2. Agreement Commencement

To use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by using the Services. In this case, you understand and agree that CM will treat your use of the Services as acceptance of the Terms from that point onwards.
By visiting our website, contacting us, and scheduling services with Cayuga Movement, you accept and agree to be bound by these terms and conditions.

3. Provision of the Services by Cayuga Movement

Cayuga Movement, its coaches, employees, and contractors do not guarantee any specific improvement level, amount of weight loss, or specific health results from using the Services.
Cayuga Movement has a host of coaches. If you are unsatisfied with your coach, a request for a change of coach may be made by contacting CM.
Use of the Services by You: You agree that you are solely responsible for (and that CM has no responsibility to you or any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which CM may suffer) of any such breach.

4. Billing and Payment

Agreement to Pay: By accepting this agreement, you agree to pay for all services CM provides from the commencement of the first session.
Session Duration: Session rates are determined for the full duration of a standard 55-minute session. Sessions under 55 minutes will be rounded up to 55 minutes. After 55 minutes, billing is billed in 15-minute increments. Preparation and communication time may also be billed.
Cancellations: Must be made at least 24 hours before a session. Late cancellations or no-shows will be charged the full session cost.
Invoicing: Invoices are emailed monthly. Payment is due within 7 days of the invoice date.
Payment Methods: Payments must not be given directly to coaches. Payments can be made by check (include client name), debit card, cash, ACH, or direct transfer without a processing fee. Credit card payments incur a 3% fee.
Late Payments: Failure to pay within 60 days may result in service termination and your account being sent to a debt collection agency with an additional 5% charge.
Banking Fees: If CM incurs fees due to stopped payments, returned checks, or credit card issues, you will be charged an additional $100 service fee plus the cost of the fees incurred.
No Refunds: CM does not issue refunds for services rendered or agreed-upon packages for any reason.
Additional Billing: CM reserves the right to bill for preparation, communication, or other necessary activities in 15-minute increments.

5. Limitation of Liability

Cayuga Movement and its coaches do not and cannot guarantee results. Client dissatisfaction does not absolve the Client from payment of services rendered.
CM is not responsible for any illness, injury, or damage to the Client or the Client’s property that may occur during or related to the Services. The Client releases CM from culpability of such illness, injury, or damage. Cayuga Movement shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the Services.
CM does not authorize its coaches, employees, or contractors to transport clients in their vehicles under any circumstance. CM does not carry insurance that covers the transportation of clients.
CM provides links to third-party websites and recommendations for third-party institutions for your convenience and use. Because CM has no control or dominion over such sites and resources, you acknowledge and agree that CM is not responsible for the availability of such external sites or resources and does not endorse, nor is responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

6. Right to Refuse Service

We reserve the right to refuse service to anyone at our sole discretion. This may include but is not limited to, situations where the client is not complying with the terms of this agreement, engaging in inappropriate behavior, or any other reason at the sole discretion of Cayuga Movement.

7. Ending Your Relationship with Cayuga Movement

If you should decide to terminate your use of Services with Cayuga Movement, you must inform Cayuga Movement immediately so that no future charges will be incurred. Please contact +1 (650) 758-0506 to inform CM of termination of Services.

8. Confidentiality of Client Information

Definition: "Confidential Information" means any non-public information disclosed by the Client to CM, including but not limited to personal data, academic records, financial information, and any other information that is marked or identified as confidential at the time of disclosure.
Obligations: CM agrees to maintain the confidentiality of all Client Confidential Information and to use such information solely for the purpose of providing the Services. CM shall not disclose Client Confidential Information to any third party without the Client's prior written consent, except as required by law.
Security Measures: CM shall implement reasonable security measures to protect Client Confidential Information from unauthorized access, use, or disclosure. These measures shall include, but are not limited to, secure storage, encryption, and access controls.
Exceptions: The obligations of confidentiality shall not apply to information that (a) is or becomes publicly available through no fault of CM, (b) is received from a third party without breach of any confidentiality obligation, (c) is independently developed by CM without use of or reference to Client Confidential Information, or (d) is required to be disclosed by law or court order, provided that CM gives the Client prompt notice of such requirement to allow the Client to seek a protective order or other appropriate remedy.
Return or Destruction: At the Client's request, upon termination of the Services, CM shall return or destroy all Client Confidential Information in its possession, except for one copy that may be retained for legal or compliance purposes.
Cayuga Movement does not store or transmit personal web browser data or online activity in our systems. However, our services may allow third parties to collect personal information about your online activities over time and across different websites when you use our services.
If you are a California resident, you have the right to request information from us once per calendar year regarding whether we have shared your personal information with third parties for their direct marketing purposes.
Removal of Content Posted by Minors: If you are a registered user of our services under the age of 18 and residing in California, you have the right to request the removal of any content or information you have posted publicly on our services. To request the removal of public posts, please send a detailed description of the specific content to be removed. Please note that removal of content does not ensure complete or comprehensive removal from our systems or third-party sites that may have copied or reposted the content. We may also be required by law to maintain certain information not subject to deletion.

9. Governing Law & General Legal Terms

The Terms constitute the whole legal agreement between you and CM and govern your use of the Services (but excluding any services which CM may provide to you under a separate written agreement), and completely replace any prior agreements between you and CM in relation to the Services.
You agree that CM may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the website.
You agree that if CM does not exercise or enforce any legal right or remedy that is contained in the Terms (or which CM has the benefit of under any applicable law), this will not be taken to be a formal waiver of CM’s rights and that those rights or remedies will still be available to CM.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms and your relationship with CM under the Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and CM agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that CM shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

10. Force Majeure

Definition: For the purposes of this Agreement, "Force Majeure" means any event or circumstance beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor strikes, embargoes, government regulations, or any other event that could not have been reasonably anticipated or avoided.
Effect of Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to a Force Majeure event. The affected party shall be excused from performance for the duration of the Force Majeure event.
Notification: The affected party must notify the other party in writing as soon as reasonably practicable after the occurrence of the Force Majeure event, providing details of the event and its expected impact on performance.
Mitigation: The affected party shall use all reasonable efforts to mitigate the effects of the Force Majeure event and resume the performance of its obligations as soon as possible.
Termination: If the Force Majeure event continues for a period of more than 60 days, either party may terminate this Agreement by providing written notice to the other party.

11. Intellectual Property Rights

Ownership: Cayuga Movement LLC ("CM") retains all rights, title, and interest in and to all intellectual property, including but not limited to, trademarks, service marks, logos, copyrights, patents, trade secrets, and any other proprietary information or materials developed or provided by CM in connection with the Services.
Client Use: Clients are granted a limited, non-exclusive, non-transferable license to use the materials provided by CM solely for personal, non-commercial educational purposes. Clients may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any of CM's intellectual property without prior written consent from CM.
Inventions and Developments: Any inventions, developments, or improvements made by CM during the provision of the Services shall remain the sole property of CM. Clients agree to assign any rights they may have in such inventions, developments, or improvements to CM.
Third-Party Content: CM may provide links to third-party websites or resources. CM does not claim ownership of any third-party content and is not responsible for its availability or accuracy. Clients acknowledge that they use third-party content at their own risk.

12. Changes to Terms

Cayuga Movement reserves the right to modify these terms and conditions at any time. Changes will be posted on our website, and clients must review them regularly.

13. Headings

The division of the Terms into sections and the use of headings are for the convenience of reference only and shall not modify or affect the interpretation or construction of the Terms or any provision hereof.

14. Customer Service Contact Information

If you have any questions about these terms and conditions of service, please contact us at +1 (650) 758-0506 Monday through Friday 9am to 5pm PST.

By browsing our website or engaging in our coaching or counseling services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. Thank you for choosing Cayuga Movement for your health and fitness needs.