TERMS OF SERVICE & PRIVACY POLICY

The Sculpt Cafe

Updated:

Last Updated: December 2025

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, café offerings, retail sales, 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.

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 Café 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. Late cancellations or no-shows may result in forfeiture of services without refund. The Sculpt Cafe reserves the right to modify cancellation policies at any time.

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.

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 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 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 New York law

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