TERMS AND CONDITIONS OF SERVICE
SO TONED LLC
Effective Date: 1st May 2026
Website and Application: www.sotoned.com (and any associated mobile application or digital platform)
IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THIS DOCUMENT CONTAINS A BINDING ARBITRATION AGREEMENT, A WAIVER OF CLASS ACTION RIGHTS, AND AN ASSUMPTION OF RISK AND LIABILITY RELEASE. BY ACCESSING OR USING THE WEBSITE, APPLICATION, CREATING AN ACCOUNT, PURCHASING ANY MEMBERSHIP OR CLASS CREDITS, ATTENDING ANY CLASS, OR OTHERWISE USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
These Terms and Conditions (hereinafter referred to as the “Agreement” or “Terms“) constitute a legally binding contract entered into by and between you (“you,” “your,” or “Client“) and So Toned LLC (“So Toned,” “we,” “us,” or “our“), a limited liability company duly organized and existing under the laws of the State of Minnesota, with its principal place of business located at 13756 83rd Way N, Maple Grove, MN 55369.
This Agreement governs your access to and use of our website located at www.sotoned.com, any associated mobile application(s), and all related content, functionality, products, and services offered by So Toned, including but not limited to, Lagree method reformer classes, fitness instruction, and in-studio amenities (collectively, the “Services“).
This Agreement has been drafted to reflect the specific operational model of So Toned, including our credit-based membership structure, limited class capacity, strict cancellation and late-arrival policies, and Minnesota jurisdictional requirements. It is intended to protect the legal interests of both So Toned LLC and its valued Clients, ensuring a safe, fair, and consistent experience for our community.
- ACCEPTANCE OF TERMS AND MODIFICATIONS
1.1 Acknowledgment of Agreement. By accessing, browsing, or using the Services in any manner, you represent and warrant that you have the full right, power, and authority to enter into this Agreement and to fully perform all of your obligations hereunder. Your use of the Services is expressly conditioned upon your acceptance of and compliance with this Agreement, our Privacy Policy (incorporated herein by reference), and any additional waiver or release executed in connection with the Services (collectively, the “Supplemental Agreements“).
1.2 Right to Modify Terms. We reserve the right, in our sole and absolute discretion, to amend, modify, or replace any part of this Agreement at any time. While we may endeavor to provide notice of material changes via electronic mail or through a conspicuous notice on the Website, it is your sole responsibility to review this Agreement periodically for updates.
1.3 Effective Date of Modifications. Any revisions to this Agreement shall become effective immediately upon posting the updated version to the Website, with the “Effective Date” revised accordingly. Your continued use of the Services following the posting of revised Terms constitutes your unconditional acceptance of and agreement to be bound by the modified Agreement. If you do not agree to the new Terms, your sole and exclusive remedy is to cease all use of the Services and terminate your account in accordance with Section 4.5 herein.
- ELIGIBILITY AND AGE RESTRICTION
2.1 Minimum Age. The Services are intended solely for individuals who are at least sixteen (16) years of age. By creating an account or attending a class, you affirm that you meet this minimum age requirement.
2.2 Minors. If you are between the ages of sixteen (16) and eighteen (18) years of age, you may only use the Services with the express consent and supervision of a parent or legal guardian. Such parent or legal guardian must: (a) review and agree to this Agreement on your behalf; and (b) execute any required Liability Waiver (as defined in Section 9) in person at the studio prior to the minor’s participation in any class. We reserve the right to request proof of age and parental consent documentation at any time and to deny service until such documentation is provided.
- USER ACCOUNTS AND REGISTRATION OBLIGATIONS
3.1 Account Creation. To access certain features of the Services, including class reservations and membership purchases, you must register for and maintain an active personal user account (“Account“). You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form and to maintain and promptly update such information to keep it accurate and complete.
3.2 Account Security. You are solely responsible for maintaining the confidentiality and security of your Account login credentials and password. You accept full responsibility for all activities, charges, and liabilities that occur under your Account, whether authorized by you or not. You agree to immediately notify So Toned of any unauthorized use of your Account or any other breach of security. So Toned LLC shall not be liable for any loss or damage arising from your failure to comply with this security obligation.
3.3 Account Termination by So Toned. We reserve the right, in our sole discretion and without prior notice, to suspend, disable, or terminate your Account, limit your access to the Services, or refuse to provide Services to you for any reason or no reason, including, without limitation, any violation of this Agreement, fraudulent activity, or conduct that jeopardizes the safety or enjoyment of other clients or staff.
- MEMBERSHIPS, CREDITS, AND SUBSCRIPTION TERMS
4.1 Membership Structure. So Toned offers various membership packages, including but not limited to (i) recurring monthly memberships with a fixed allocation of class credits per billing cycle (“Credit Memberships“), and (ii) recurring monthly memberships providing unlimited class access subject to booking restrictions (“Unlimited Memberships“). All memberships are subject to the specific terms outlined at the time of purchase and are governed by this Agreement.
4.2 Billing Cycle and Automatic Renewal. The billing cycle for recurring memberships commences on the date of initial purchase (“Billing Date“). YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW EACH MONTH ON THE BILLING DATE UNLESS CANCELLED IN ACCORDANCE WITH SECTION 4.5. By enrolling in a recurring membership, you authorize So Toned to charge the payment method on file for the recurring monthly fee, plus any applicable taxes, on each Billing Date.
4.3 Credit Expiration and Non-Transferability. For Credit Memberships, any unused class credits expire at the conclusion of the applicable billing cycle (i.e., 11:59 PM CST on the day immediately preceding the next Billing Date). CREDITS DO NOT ROLL OVER TO SUBSEQUENT MONTHS. Credits are for the exclusive use of the purchasing Client, are non-transferable to any other individual, and may not be redeemed for cash or cash equivalent.
4.4 Unlimited Membership Restrictions. Unlimited Members may reserve classes subject to availability and current booking policies. Unless otherwise specified in a separate agreement, Unlimited Members are limited to one (1) class reservation per day. This limitation is intended to ensure equitable access to class inventory for all members.
4.5 Cancellation of Recurring Membership. You may cancel your recurring membership at any time through your online Account portal or by providing written notice to So Toned. There is no fee or penalty for cancellation. Cancellation requests received after the commencement of a new billing cycle will be effective at the end of that current billing cycle. You will retain access to the Services and may utilize any remaining credits through the end of the current paid period. No refunds will be issued for any unused portion of the current billing cycle.
4.6 Modification of Services and Pricing. So Toned reserves the right to adjust pricing, modify membership offerings, or change class schedules at any time. We will provide reasonable advance notice of any changes to the fees applicable to your recurring membership. Continued use of the Services following such notice constitutes acceptance of the new pricing terms.
- PAYMENT TERMS AND NO REFUND POLICY
5.1 Payment Method. All transactions for Services must be processed exclusively through the Website. A valid credit or debit card must be maintained on file for all active membership accounts. You represent and warrant that you are authorized to use the designated payment method.
5.2 Strict No Refund Policy. ALL SALES ARE FINAL AND NON-REFUNDABLE. SO TONED LLC MAINTAINS A STRICT NO REFUND POLICY. YOU EXPRESSLY AGREE THAT NO REFUNDS WILL BE ISSUED UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO: (A) UNUSED CLASS CREDITS; (B) MISSED CLASSES OR LATE CANCELLATIONS; (C) EARLY TERMINATION OF A MEMBERSHIP; (D) DISSATISFACTION WITH SERVICES; OR (E) INABILITY TO ATTEND DUE TO ILLNESS, RELOCATION, OR SCHEDULE CONFLICT. THIS POLICY IS FUNDAMENTAL TO THE PRICING AND OPERATIONS OF THE STUDIO.
5.3 Failed Payments and Disputes. In the event of a declined credit card or failed payment, your Account may be suspended until a valid payment method is provided. You agree to pay all costs of collection, including reasonable attorneys’ fees, incurred by So Toned in connection with any past due amounts. So Toned is not responsible for any fees charged by your financial institution, including overdraft fees or foreign transaction fees.
- CLASS RESERVATIONS, CANCELLATIONS, AND LATE ARRIVAL PROTOCOL
6.1 Reservation Requirement. Class capacity is strictly limited to twelve (12) clients per session due to equipment constraints. All attendance requires a confirmed reservation made via your online Account. Walk-in attendance is not permitted.
6.2 Strict Late Arrival Policy. FOR THE SAFETY AND WELFARE OF ALL CLIENTS, THE STUDIO DOORS WILL BE LOCKED THREE (3) MINUTES AFTER THE SCHEDULED CLASS START TIME. This policy is non-negotiable and strictly enforced. The initial warm-up and safety instructions are critical for injury prevention on the Lagree Megaformer. Clients arriving more than three (3) minutes after the scheduled start time will be refused entry. Such late arrival will be treated as a “Late Cancel” or “No-Show,” and the corresponding class credit or fee will be forfeited.
6.3 Cancellation Window and Forfeiture.
- Credit Members: To retain a class credit, you must cancel your reservation no later than twelve (12) hours prior to the scheduled class start time. Cancellations made within the 12-hour window, or failure to attend (No-Show), will result in the permanent forfeiture of the class credit.
- Unlimited Members: Cancellations made within the 12-hour window, or No-Shows, will result in a Late Cancellation/No-Show Fee of $25.00 USD per occurrence. This fee is assessed to compensate for the lost revenue of an unused machine spot. The fee will be automatically charged to the payment method associated with your Account.
6.4 Waitlist Procedure. Should you be added to a class from the waitlist, it is your responsibility to monitor your Account status. If you are added to the class roster more than twelve (12) hours prior to the class start time, your spot is confirmed, and the standard cancellation policy in Section 6.3 applies. If you are added within the 12-hour window and fail to remove yourself from the roster prior to the class start time, the standard Late Cancel/No-Show penalty will apply.
6.5 Class Schedule and Instructor Substitution. So Toned reserves the right to cancel classes, change instructors, or modify class schedules due to low enrollment, inclement weather, or instructor emergency without prior notice. In the event of a cancellation initiated by So Toned, any credits used for that reservation will be returned to your Account.
- STUDIO CODE OF CONDUCT AND SAFETY RULES
7.1 Safety Compliance. All Clients must follow the instructions of the coaching staff strictly and without delay. Failure to adhere to safety instructions or use equipment in a manner deemed dangerous by staff may result in immediate removal from class and/or termination of membership without refund.
7.2 Health Warranty. You represent and warrant that you are in good physical condition, are physically capable of performing strenuous exercise, and have no medical condition, impairment, or disability that would restrict or prevent safe participation in the Lagree method.
7.3 Equipment Care and Cleanliness. Clients are required to thoroughly wipe down their Megaformer machine, including the platform, carriage, handlebars, and springs, using the provided sanitation supplies immediately following each class. Personal belongings should be stored in designated cubbies; So Toned is not responsible for lost or stolen items.
7.4 Prohibited Conduct. The following are strictly prohibited within the studio premises: (a) Use of cell phones for calls or video recording during class; (b) Photography or filming without express prior written consent from studio management; (c) Children under 16 unattended in the lobby; (d) Pets (excluding service animals as defined by the ADA); (e) Verbal or physical harassment of staff or other clients; (f) Consumption of alcohol or illegal substances.
- ASSUMPTION OF RISK AND WAIVER OF LIABILITY
8.1 Inherent Risks of Physical Activity. You acknowledge that participation in Lagree method fitness classes involves known and unanticipated risks, including but not limited to: muscle strains, tears, or pulls; joint and bone injuries; spinal injuries; heart attack or stroke; equipment failure; and slip and fall incidents. YOU VOLUNTARILY, KNOWINGLY, AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (AS DEFINED BELOW).
8.2 Waiver and Release. To the fullest extent permitted by the laws of the State of Minnesota, you hereby release, waive, discharge, and covenant not to sue So Toned LLC, its members, managers, employees, independent contractors, coaches, agents, successors, and assigns (collectively, the “Releasees“) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by you, or to any property belonging to you, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASEES OR OTHERWISE, while participating in the Services or while in, on, or upon the premises where the Services are being conducted.
8.3 Indemnification. You agree to indemnify, defend, and hold harmless the Releasees from any and all losses, liabilities, damages, or costs (including reasonable attorneys’ fees) arising out of or related to any claim brought by a third party relating to your participation in the Services or your breach of this Agreement.
- INTELLECTUAL PROPERTY RIGHTS
9.1 Ownership. The Website, Application, and all content contained therein (including but not limited to the “So Toned” name, logos, trade dress, class choreography, text, graphics, and software) are the exclusive property of So Toned LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
9.2 Restrictions. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content without the express prior written consent of So Toned LLC.
- PRIVACY AND DATA USE
Your use of the Services is subject to our Privacy Policy, which details our practices regarding the collection, use, and disclosure of your personal information. By using the Services, you consent to the collection and use of your data as outlined in the Privacy Policy.
- TERMINATION AND EFFECT OF TERMINATION
11.1 Termination for Cause. So Toned may terminate this Agreement and your access to the Services with immediate effect upon written notice if you breach any material provision of this Agreement, including failure to pay fees due or engaging in conduct detrimental to the safety or environment of the studio.
11.2 Effect of Termination. Upon termination for any reason, your right to use the Services shall immediately cease. All accrued credits and membership benefits shall expire immediately without refund or compensation. The provisions of this Agreement relating to Intellectual Property, Waiver of Liability, Indemnification, and Dispute Resolution shall survive any termination of this Agreement.
- LIMITATION OF LIABILITY
12.1 Disclaimer of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SO TONED LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR PERSONAL INJURY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
12.2 Cap on Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF SO TONED LLC TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO SO TONED IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
- DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
13.1 Mandatory Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS. You and So Toned agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Services (including the arbitrability of any dispute) shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA“) under its Consumer Arbitration Rules in effect at the time of the filing.
13.2 Waiver of Jury Trial and Class Actions. BY AGREEING TO ARBITRATION, BOTH YOU AND SO TONED ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement.
13.3 Venue and Governing Law. The arbitration shall be held in Hennepin County, Minnesota, unless otherwise agreed in writing. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any conflict of laws principles.
- FORCE MAJEURE
So Toned shall not be liable or responsible to you for any failure or delay in performing the Services when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, pandemic, explosion, governmental actions, war, invasion, or national emergency.
- GENERAL PROVISIONS
15.1 Entire Agreement. This Agreement, together with the Privacy Policy and any in-studio Liability Waiver, constitutes the sole and entire agreement between you and So Toned LLC regarding the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
15.2 Severability. If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement shall remain in full force and effect.
15.3 No Waiver. The failure of So Toned to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
- CONTACT INFORMATION
For questions, comments, or legal notices regarding these Terms, please direct correspondence to:
So Toned LLC
Attn: Legal Department
13756 83rd Way N
Maple Grove, MN 55369
Email: [Insert Email Address]