Terms of Use

Terms of use

Here below includes the terms of use for BDC PILATES (here below indicated as “the studios”) operated by OPEN ROAD ASSOCIATES Co. Inc. (here below indicated as “our company”)

Article 1: Definition

The articles included in the terms of use document is applicable to the studios operated by our company.

Article 2: Objective

The studios are operated in the objective to improve and provide health benefits of our members as well as build amiable relations with the members, and contribute to building a healthy and prosperous community.

Article 3: Membership

  1. The studios are only open to members of the studios. First time Admission procedures are as stated in Article 6. Enrollment fee, registration fee and monthly membership fee applicable to the type of membership which the client hold are as described in a separate document. Rates noted in a separate document may be revised occasionally. Courses are subject to be changed, revised or cancelled.
  2. Usage regulation and policy of the studios, as well as benefits are specified in a separate document.
  3. Members are required to register for one of the courses offered as described in a separate document.
  4. Members are entitled to take a given number of lessons per month in accordance to the membership type he or she has signed up for, as described in a separated document. In addition, lesson duration time and capacity of each class shall be as stated in a separate document.
  5. Members are allowed to take additional classes of any type regardless of membership type. There is no limit to the number of additional lessons he or she can take per month. Examples of additional lessons are listed in a separate document.
  6. All members are required to show their membership card upon using the studios’ facility and service.

Article 4: Entitlement for Membership

  1. Eligibility to become a member of the studios are indicated here below.
    1. Declared that the member’s health condition is apt to using the facilities and service at the studios. Member is not eligible to join group lessons if pregnant or has other physical limitation that could create an increased risk of injury. However, he or she may be eligible for Private lessons with an approval of a physician. Please ask our staff for further information.
    2. Read, understand and agree to the terms of use indicated in this document.
    3. Aim of enrollment is to improve one’s physical and mental health. We do not accept application of membership or the purpose of sales or investigation and research to provide information to third parties.
    4. Agree and guarantee the terms under Paragraph 2 of this article.
    5. Have not been previously expelled from our studios. In the case the member has been previously expelled, the reason has to be clarified and approved by our company before the expelled member is allowed to reapply for membership.
    6. Have been reviewed and approved by a separate membership qualification by the studios.
  2. Member of our studios (candidates of future members included) assures that he or she is not presently or in the future a part of any antisocial forces such as organized crime groups such as below.
    1. Organized crime groups.
    2. A member of organized crime groups. (includes those who have left the group within the past 5 years)
    3. An associate member or organized crime groups.
    4. A company related to organized crime groups.
    5. Member of corporate extortionist, member or advocate of any social activity or activist.
    6. Any or all related to the above.
  3. The member assures that he or she does not and will not fund antisocial forces directly or indirectly in any subjects.
  4. The member assures to our company that he or she does not have any relations with antisocial forces directly or indirectly, and is not a target of interest of any antisocial forces.
  5. The member assures that he/she will not act on the following criteria him/herself or through a third person.
    1. Violently claim a request.
    2. Unjust request beyond legal responsibility.
    3. Threatening claim, act or behavior concerning any transaction.
    4. Interference with the studios’ affairs by spreading rumors or defaming our credibility through any fraudulent means.
    5. Any other act that applies to one or more of the above.
  6. If the member acts against one or more of the above, our company will terminate service offer to the individual and/or terminate all agreements between the member and the studios.

Article 5: Trial Lesson

  1. Trial lessons of each kind as described in a separate document under “Trial Lessons” are for non-members. The fee for each lesson is as stated in the separate document.
  2. Trial lesson can only be done by appointment through phone or website. The studio cannot guarantee a spot for a guest who wishes to drop in for a trial without reservation due to limited slots available in each group class or private session. In addition, guests who attempt to take more than the number of trial lessons specified by the studio may be refused to attend in a class unless he or she become a member.

Article 6: Membership Registration

Those who wish to become a member will be asked to review and agree to this terms of use, admissions guidelines and any other conditions our studios ask and fill out necessary information on an Admissions Form. The studios will then determine if the individual qualifies to become a member. Once approved, the individual will be asked to make necessary payments as described in Article 7; 2nd paragraph. Once all registration procedure is completed, the studios will grant a membership card and approve him/her to take lessons defined in the selected course.

Article 7: Payments

1.Taxes

  1. All taxes concerning membership fees and any related fees will be paid by the member. In case the tax percentage is changed due to amendments in the tax law, the revised tax rate will be applied to any payments. Members shall be billed for any differences in fees resulting from changes in the tax rate between the time of payment and period of membership or any other fees.

2.Payment Terms and Method

  1. At the time of enrollment, the client is required to pay the enrollment fee, registration fee and 2 months advance monthly membership fee applicable to the type of membership as described in a separate document. Amount due is payable by cash or credit card. However, lesson fees for the enrollment month may also be paid at the time of the lessons. Expenses to be paid at the time of enrollment may change when special promotions are applied.
  2. Monthly membership fee after the initial payments as described above are paid will be debited from the member’s bank account on 27th or the next business day of every month. Client is required to bring a cash card of his/her bank account and authorize payments to be made to the studios. Regardless of the date of the withdrawal, the tax rate of the last day of the month that the monthly membership fee is actually used will be applied.
  3. Additional lesson fee and trial lesson fee can be paid in cash or credit cards. If cancellation charge of a session shall occur, amount due must be paid in full at the studios before the next lesson.

3.Delinquency in Payment

  1. In case the member does not pay or the payment is delinquent, the studios will decline the member’s usage of the studio facility. The member is obliged to pay for the unpaid monthly fees.

4.Refund Policy

  1. All payments made are non-refundable.

Article 8: Class Schedule

Class schedule may change periodically. The change may concern class time, instructor, class level, class type, and/or class quantity. Changes will be published on the website. However, changes of instructor, class level, class type, class content in case of unavoidable circumstances are subject to change without notice.

Article 9: Bookings, Cancellations and Change of Membership Type

  1. Bookings
    Classes can be booked by phone, online or at the studio. Maximum number of bookings allowed are as defined in a separate document.
  2. Cancellations
    Cancellation of class before the given deadline is accepted by phone, online or at the studios. For cancellation made after the deadline, the class credit will not be refunded and you will be charged in full. Cancellation fees are the same as “additional lesson fee” and “trial lesson fee” depending on the class the client cancelled.
  3. Change of Membership Type
    Member may apply for a change of membership type at the studios. Presentation of membership card is required. The period required for the processing is as stated in a separate document. (Monthly fee of prior membership type will be collected during transaction period.)

Article 10:Suspension and Termination of Membership

  1. Suspension of Membership
    Member can freeze the membership for a period of time. Request must be received in writing in person at the studio. Period required for processing is as stated in a separate document. To reactivate the membership, please contact the studio by phone or email. Booking can be made at the same time. No additional registration fee nor an enrollment fee is applied at the time of reactivation.
  2. Termination of Membership
    Termination of Membership refers to a complete withdrawal from the studio membership. If you reapply for membership after the termination, full payment of enrollment fee and registration fee will be charged. Request of termination must be received in writing in person at the studio. Period required for processing is as stated in a separate document. Monthly membership fee will continue to be charged to the member until the completion of the processing.

Article 11: Transfer, Succession and Lease of Membership

Our studios do not allow transfering, succession and/or leasing of membership.

Article 12: Loss of Membership Rights

If the member applies to any of the below criteria, the rights for membership will be revoked.

  1. Once the membership is terminated.
  2. If the membership is revoked due to reasons corresponding Article 13.
  3. In case of member’s death.
  4. In case of bankruptcy, civil rehabilitation, corporate reorganization, corporate liquidation, or voluntary liquidation.

Article 13: Prohibited act

The member is prohibited from the below act in the studios as well as in areas near the studios. Engagement of action Article 13-1 through Article 13-7 will result in an immediate termination of membership. Engagement of action Article 13-8 – Article 13-15 will result in a termination of membership if the member fails to desist or follow the warning given by the studio.

  1. Violent act including beating, pushing or act of restriction towards other members of the studios or the studios’ staff including instructors.
  2. Act against instructor’s instructions or rules and regulations of the studio.
  3. Dangerous and threatening act including but not limited to throwing or breaking objects, hitting any third parties or studios’ staff.
  4. Damaging or removing the studios’ facility, devices or equipment in the studios.
  5. Activity which may endanger the safety or health of oneself, third parties and staff.
  6. Bringing knifes or any dangerous objects into the studios.
  7. Headhunting or seducing other members of the studios, the studios’ staff or instructors to take pilates lessons outside the studios (including headhunting and secuding to give pilates instructions).
  8. Provision of any of the studio information to third parties including systems, lesson curriculum and content, and any other know-how.
  9. Act against public order, morality and legal act such as molesting, peeking, and sexual exposure.
  10. Defame and damage reputation of other members of the studios, the studios’ staff and/or the studios.
  11. Act of menacing or harassing including shouting or blocking the path of other members of the studios or studios’ staff.
  12. Ambushing, stalking or forcing conversation to members of the studios or to the studios’ staff.
  13. Request interview, telephone or any other act that is inconvenient or unwelcome toward the third parties or the studios’ staff without due cause.
  14. Selling and advertising merchandise, act of sales, borrowing and lending money, act of seduction to religion or networking business, political activity, signature-collecting activity.
  15. Bringing mass amount of money and/or highly valuable objects into the studios.
  16. Any activity that will disturb the studios orderly operation.
  17. Any other act that the studios define improper to be a member.

Article 14: Restriction of Use of Facilities

The use of studio will be restricted for a certain amount of time if the member corresponds to any of the criteria below.

  1. Carries an Infectious Disease.
    Duration: Until fully recovered and obtain medical clearance from a physician.
  2. Mental Illness
    Duration: Until permission is obtained from a physician.
  3. Member who has been determined incapable by the studios to use the facilities or join a class due to reasons such as alcohol consumption and/or drug abuse.
    Duration: Until the studio determines the member’s behavior capable and appropriate.
  4. Other conditions in which exercise is restricted by a physician.
    Duration: Until the physician permits him/her to start exercising.

Article 15: Temporary Closing of the Studios

The studios or parts of the studios may close temporarily for the below reasons. In case the studios know the closing or in advance, the studios will in principle inform the members two months in advance. Even in this case, the studios will not make any full or partial reimbursement, regardless of the reasons or the duration of the closure, unless legally required or determined to do so by our company.

  1. When the studios determined it is dangerous for the members to receive service due to meteorological disaster or other external cause.
  2. Construction reasons such as extension or repairing of the studios or the facility inspection.
  3. If our company decides the reason is serious and unavoidable for legal reasons or by orders under government authorities.

Article 16: Changes in the Terms of Use

Our company reserves the right to change the Terms of Use, studio and membership brochures, and other rules determined by our company in case our company considers necessary or desirable for the proper operation of the studios or depending on changes in the economic environment. Any changes will be informed to the members 2 months in advance. New terms will be applied to all members of the studios.

Article 17: Liability for Damages of the Member

In case the member causes damage(s) to a third party or to our company at the studios, the member must take full responsibility for the harm and damage.

Article 18: Disclaimer

  1. Except for any liability caused intentionally or by gross negligence of the staff, the studios shall not be liable for any damage whatsoever. In addition, the studios will not be liable for any personal injury or poor physical condition arising as a result of incorrect and/or insufficient information submitted by the member at the time of registration.
  2. The studios will not take responsibility for any inconvenience or damages caused to the members due to changes, suspension or termination of studio’s service or of the changes or termination of the studios’ rules and systems.
  3. The studios will not take responsibility of leaked personal data as long as strictly dealt within accordance of Privacy Policy.
  4. The studios will not be responsible for any damage to, loss of and / or theft of property of the member.
  5. In case damage or conflict occurs between the member and a third party using the studio’s facility, the issue is left to be resolved amongst the two parties, and our company will not take any responsibility.

Article 19: Announcements

Information on the terms of use will be notified to the members through the studios or website.

Article 20: Governing Law

The terms of use will be valid under the legal regulation of Japan.

Article 21: Court of Jurisdiction

In case a legal lawsuit is required between our company and the member, the first trial will occur at the exclusive court of jurisdiction, court of jurisdiction where our company is located.

Please refer to this separate document for details.
[Omotesando]
[Kichijoji]
[Ebisu]
Additional clause
These terms of use are valid from April 1st, 2016.
Changes were made on November 11, 2018 and implemented on January 20, 2019.
Changes were made on May 20, 2019 and implemented on July 20, 2019.

※This documentation on Terms of use translated into English is provided for English speakers for information purpose only. The content of agreement between the studios and the members will be based on the Japanese official document.