This Terms of Service & Privacy Policy (“Agreement”) is a legally binding agreement between you (“Client,” “you,” or “your”) and The Sculpt Cafe, located in Staten Island, New York (“Company,” “we,” “our,” or “us”). This Agreement governs your access to and use of our studio, website, booking platforms, wellness services, IV therapy services, cafe offerings, retail sales, memberships, class reservations, digital communications, and all related services (collectively, the “Services”).
By accessing, booking, purchasing, or participating in any Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree, you must not use the Services.
By booking a class, purchasing a membership or package, or using any services offered by The Sculpt Cafe, you expressly acknowledge and agree to these Terms and authorize all fees described in this Agreement to be charged to the payment method on file.
1. SERVICES
The Sculpt Cafe provides Pilates instruction, fitness classes, wellness and recovery services, IV therapy and injectable wellness services, cafe and beverage services, retail products, memberships, class packages, and digital services including online booking and messaging.
All Services are provided on an “as available” basis. We reserve the right to modify, suspend, reschedule, or discontinue any Service, pricing, or schedule at any time without notice.
2. HEALTH & MEDICAL DISCLAIMER
The Sculpt Cafe is not a hospital, physician practice, or medical provider. We do not provide medical advice, diagnosis, or treatment.
All fitness and wellness services, including IV therapy, are offered for general wellness purposes only. Participation is voluntary and at your sole risk. You are solely responsible for consulting with a licensed healthcare provider before participating in any Service.
No results or outcomes are guaranteed.
3. ASSUMPTION OF RISK & RELEASE OF LIABILITY
Participation in fitness, movement, and wellness services involves inherent risks. You voluntarily assume all risks, known and unknown.
To the fullest extent permitted by New York law, you hereby release, waive, discharge, and hold harmless The Sculpt Cafe and its owners, employees, contractors, instructors, agents, and affiliates from any and all claims arising out of participation, including negligence.
4. BOOKINGS, PAYMENTS & NO REFUNDS
All purchases, memberships, packages, and bookings are final, non-transferable, and nonrefundable unless otherwise stated in writing. The Sculpt Cafe reserves the right to modify booking, scheduling, and cancellation policies at any time.
Memberships and subscription services offered by The Sculpt Cafe include a minimum committed requirement as disclosed at the time of purchase. Any cancellation, termination, or attempt to discontinue a membership or subscription prior to the maturity of the minimum committed requirement will result in an Early Termination Fee of $150.00.
By purchasing a membership or subscription, the client expressly acknowledges and agrees to this Early Termination Fee and authorizes The Sculpt Cafe to charge the payment method on file for the full amount of the fee in the event of early termination. The client agrees that this fee represents a reasonable and agreed-upon charge for early termination of the contractual membership obligation and is not a penalty.
Clients are responsible for managing and canceling their class reservations within the applicable cancellation window.
Late cancellations or failure to attend a reserved class (no-show) without canceling within the required timeframe will result in a $10 Late Cancellation or No-Show Fee.
By booking a class, the client authorizes The Sculpt Cafe to charge the $10 fee to the payment method on file for any late cancellation or missed reservation.
Clients acknowledge that class reservations hold limited spots and prevent other clients from booking those spaces. Late cancellation and no-show fees apply regardless of the reason for the absence, including scheduling conflicts, forgetfulness, traffic, illness, or failure to receive reminders. Clients are solely responsible for managing their reservations through the booking platform.
5. STUDIO RULES & RIGHT TO REFUSE SERVICE
Clients must follow instructor guidance, use equipment properly, arrive on time, and conduct themselves respectfully. The Sculpt Cafe reserves the absolute right, in its sole discretion, to refuse service, terminate memberships, or remove any individual from the premises for safety, compliance, or conduct reasons. No refunds will be issued in such cases.
5A. PAYMENT AUTHORIZATION & CHARGEBACK POLICY
By providing a payment method and completing a booking or membership purchase, you authorize The Sculpt Cafe to charge the payment method on file for all membership dues, class fees, late cancellation fees, no-show fees, early termination fees, and any other authorized charges under this Agreement.
You agree not to initiate a chargeback or payment dispute with your financial institution for charges validly incurred under this Agreement.
In the event a chargeback or payment dispute is initiated, The Sculpt Cafe may provide this Agreement, booking records, attendance records, and payment authorization evidence to the payment processor or financial institution as proof of valid authorization.
Any disputed charge determined to be valid under this Agreement may result in suspension or termination of Services until the balance is resolved.
The Sculpt Cafe reserves the right to recover any unpaid balances, chargeback fees, collection costs, or administrative expenses resulting from disputed payments to the fullest extent permitted under New York law.
5B. MEMBERSHIP BILLING AUTHORIZATION
By purchasing a membership with The Sculpt Cafe, the client authorizes The Sculpt Cafe to automatically charge the payment method on file for all applicable membership dues, recurring subscription fees, late cancellation fees, no-show fees, early termination fees, and any other charges authorized under this Agreement.
Membership dues will be billed on a recurring basis according to the selected membership plan and will continue until the membership is cancelled in accordance with the terms of this Agreement.
The client agrees that the payment method provided will remain valid and current and authorizes The Sculpt Cafe to automatically process recurring charges without additional authorization for each billing cycle.
The client understands that membership charges will continue until cancellation is submitted and processed in accordance with the membership terms, including any applicable minimum commitment period.
Failure to use membership services does not relieve the client of the obligation to pay membership dues during the active membership term.
If a payment method is declined or a charge is returned, The Sculpt Cafe reserves the right to reattempt payment, suspend services, or charge any outstanding balance owed.
The client acknowledges that recurring membership charges and fees authorized under this Agreement shall not be disputed as unauthorized transactions, as the client has provided advance authorization for such charges.
5C. MINIMUM COMMITMENT BILLING OBLIGATION
Certain memberships offered by The Sculpt Cafe require a minimum commitment period, which will be disclosed at the time of purchase.
By purchasing a membership subject to a minimum commitment requirement, the client agrees to remain financially responsible for the membership dues associated with that commitment period.
Cancellation of a membership prior to the maturity of the minimum committed requirement does not eliminate the client’s obligation to fulfill the financial commitment associated with that membership.
If a client elects to terminate a membership before the minimum commitment period has been satisfied, the client agrees that The Sculpt Cafe may assess the Early Termination Fee described in this Agreement in lieu of the remaining membership obligation.
The client acknowledges that the minimum commitment requirement represents a material term of the membership agreement, and membership pricing may be based on the client’s agreement to maintain the membership for the stated minimum period.
Failure to attend classes, non-use of membership benefits, relocation, scheduling conflicts, or other personal circumstances do not waive the financial obligation associated with the minimum commitment period.
5D. MEMBERSHIP CANCELLATION REQUIREMENTS
Membership cancellations must be submitted in writing through the studio’s designated cancellation process or booking platform.
Cancellation requests are considered received only when submitted and confirmed through the official cancellation method used by The Sculpt Cafe. Verbal requests, missed communications, or messages sent through unofficial channels do not constitute valid cancellation.
Membership billing will continue until a cancellation request has been properly submitted and processed in accordance with the terms of this Agreement, including satisfaction of any applicable minimum commitment period.
Clients are responsible for confirming that their cancellation request has been successfully submitted. Failure to properly complete the cancellation process does not relieve the client of responsibility for recurring membership charges.
The Sculpt Cafe is not responsible for cancellation requests that are incomplete, improperly submitted, or not received through the designated cancellation process.
5E. OUTSTANDING BALANCES & COLLECTIONS
If a client fails to pay any amount owed under this Agreement, including membership dues, early termination fees, late cancellation fees, no-show fees, or other authorized charges, The Sculpt Cafe reserves the right to suspend services and deny future bookings until the outstanding balance is paid in full.
The Sculpt Cafe further reserves the right to pursue recovery of unpaid balances through thirdparty collection services or other lawful means to the fullest extent permitted under New York law.
The client agrees to be responsible for all reasonable costs associated with recovering unpaid balances, including administrative costs, collection fees, and other expenses incurred as a result of non-payment or disputed charges.
6. PERSONAL INFORMATION WE COLLECT
We may collect personal information including, but not limited to, name, email address, phone number, booking and membership details, payment and transaction information, communications with us, device, browser, and usage data.
Personal information does not include data that has been de-identified or anonymized
7. IV THERAPY & WELLNESS PRIVACY NOTICE
Certain Services, including IV therapy and injectable wellness services, may require you to provide limited health-related information such as medical history disclosures, allergies, medications, and intake forms.
This information is collected solely to determine eligibility for services, support safe service delivery, and maintain internal records as required by law.
Access to wellness information is limited to authorized personnel on a need-to-know basis.
8. HIPAA-ADJACENT ACKNOWLEDGMENT
The Sculpt Cafe may not be classified as a “covered entity” or “business associate” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). However, we voluntarily apply HIPAA-inspired confidentiality safeguards to health-related information.
Nothing in this Agreement creates a physician-patient relationship or expands rights beyond those required by applicable law.
9. USE & DISCLOSURE OF INFORMATION
We may use personal information to provide and manage Services, process payments and bookings, communicate confirmations, reminders, and updates, send promotional communications with consent, improve operations and client experience, and comply with legal obligations.
We do not sell personal or health-related information. Information may be disclosed only to service providers assisting with operations, when legally required, or to protect safety and rights.
10. SMS & ELECTRONIC COMMUNICATIONS
By providing contact information, you consent to receive transactional communications related to your Services.
With explicit opt-in, you may receive promotional messages. Message frequency varies. Message and data rates may apply.
You may opt out at any time by replying STOP.
11. DATA SECURITY & RETENTION
We implement reasonable administrative, technical, and physical safeguards to protect information.
Information is retained only as long as reasonably necessary to provide Services, comply with legal obligations, resolve disputes, and enforce agreements.
12. CHILDREN’S PRIVACY
The Services are not intended for individuals under the age of 12. We do not knowingly collect personal information from children.
13. INTELLECTUAL PROPERTY
All content, branding, logos, text, images, and materials are the exclusive property of The Sculpt Cafe and may not be used without written permission.
14. LIMITATION OF LIABILITY
To the maximum extent permitted by law, The Sculpt Cafe shall not be liable for indirect, incidental, consequential, or punitive damages.
Our total liability shall not exceed the amount paid by you for the specific Service giving rise to the claim.
15. ARBITRATION & CLASS ACTION WAIVER
Disputes shall be resolved by binding arbitration in New York.
16. GOVERNING LAW
This Agreement is governed by the laws of the State of New York.
17. CHANGES TO THIS AGREEMENT
We reserve the right to modify this Agreement at any time. Changes will be posted with an updated “Last Updated” date. Continued use of the Services constitutes acceptance.
18. CONTACT INFORMATION
The Sculpt Cafe
1584 Richmond Road Staten Island,
New York 10304
Email : support@thesculptcafenyc.com
Website : https://www.thesculptcafenyc.com