TERMS & CONDITIONS
TABLE OF CONTENTS
1. Accounts, Privacy & Technology
Account information, communications, FitDegree, privacy and payment security
2. Classes, Registration & Scheduling
Registration, cancellations, no-shows, class minimums, schedule changes and late arrivals
3. Payments, Memberships & Class Packages
Billing, membership commitments, cancellations, freezes, class credits and refunds
4. Training, Safety & Studio Policies
Instructor authority, dress code, hands-on coaching, hygiene, equipment, Open Gym and facility rules
5. Participants, Minors & Community Standards
Participant conduct, minors, personal property, media and non-solicitation
6. Waivers & Program Agreements
Participant waiver, program-specific agreements, suspension and termination
7. General Legal Terms
Dispute resolution, governing law, severability, enforcement, modifications and acknowledgment
GENERAL
These Terms and Conditions (“Terms”) govern your access to and use of Cirque Club St. Pete (“Cirque Club,” “CCSP,” “we,” “us,” or “our”), including our studio facilities and equipment (collectively, the “Facilities”), website at www.cirqueclubstpete.com (the “Website”), and our use of FitDegree as our third-party scheduling, account management, registration, and payment platform (“FitDegree”).
By accessing or using our Facilities, Website, FitDegree account, classes, programs, private lessons, Open Gym sessions, workshops, events, or other services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Content owned by Cirque Club St. Pete, including photographs, videos, graphics, logos, written materials, class descriptions, program materials, and other original content, may not be copied, reproduced, republished, distributed, modified, or commercially used without prior written permission from Cirque Club St. Pete.
PERSONAL INFORMATION & ACCOUNTS
To register for Cirque Club St. Pete classes, memberships, class packages, private lessons, programs, workshops, Open Gym sessions, events, or other services, you are required to create an account through FitDegree.
Information collected in connection with your account may include your name, address, telephone number, email address, date of birth or age, emergency contact information, payment information, signature, and other information reasonably necessary to provide our services.
You are responsible for ensuring that all information associated with your account is accurate and current.
For participants under 18 years of age, a parent or legal guardian must create or maintain the applicable FitDegree account, register the minor participant, and complete or authorize all required agreements, waivers, releases, and other applicable documentation. Minor participants should not independently create FitDegree accounts or submit registration information.
You are responsible for maintaining the confidentiality and security of your FitDegree login credentials and for activity conducted through your account.
FitDegree is a third-party platform and is not owned or operated by Cirque Club St. Pete. Your use of FitDegree may also be subject to FitDegree's own terms, privacy policies, and other applicable agreements.
ELECTRONIC COMMUNICATIONS
By creating an account, registering for Cirque Club St. Pete services, or otherwise providing your contact information, you consent to receive communications relating to your account, registrations, payments, schedule changes, studio operations, programs, events, and other services.
Cirque Club St. Pete may communicate with you through email, text message, telephone, FitDegree notifications, or other electronic means.
You acknowledge that agreements, notices, disclosures, and other communications provided electronically may satisfy applicable requirements that such communications be provided in writing.
Electronic signatures, acknowledgments, checkboxes, and other electronic manifestations of assent used in connection with CCSP agreements are intended to have the same force and effect as handwritten signatures to the extent permitted by applicable law.
PERSONAL INFORMATION & PRIVACY
Cirque Club St. Pete's collection, use, disclosure, and handling of personal information is described in our Privacy Policy, available on our Website.
By using third-party services such as FitDegree, you acknowledge that information processed directly by those services may also be subject to their respective privacy policies and terms.
Questions or requests concerning information maintained directly by Cirque Club St. Pete may be submitted to:
We reserve the right to update our privacy practices and these Terms as reasonably necessary.
FITDEGREE & THIRD-PARTY TECHNOLOGY
Cirque Club St. Pete currently utilizes FitDegree for functions that may include account creation, scheduling, class registration, membership and package management, waiver collection, communications, and payment processing.
FitDegree is an independent third-party service provider. Cirque Club St. Pete does not own FitDegree and does not control its software, availability, updates, functionality, data processing practices, or technical operations.
From time to time, FitDegree or other technology providers may modify, update, suspend, or discontinue certain functionality. Cirque Club St. Pete is not responsible for temporary outages, software errors, service interruptions, or other technical issues outside our reasonable control.
Clients remain responsible for ensuring that registrations, cancellations, purchases, and account changes have been successfully completed.
PROPRIETARY RIGHTS
Unless otherwise indicated, content created or owned by Cirque Club St. Pete and appearing on our Website, social media accounts, marketing materials, program materials, or other communications is the property of Cirque Club St. Pete.
Unauthorized reproduction, distribution, modification, retransmission, publication, or commercial use of Cirque Club St. Pete copyrighted materials, branding, photographs, videos, logos, written materials, or other intellectual property is prohibited without prior written consent.
Nothing contained in these Terms grants ownership of FitDegree or any other third-party technology to Cirque Club St. Pete or its clients.
PAYMENT SECURITY
Payments made through FitDegree or another approved payment processor are processed through third-party payment systems.
Cirque Club St. Pete takes reasonable steps to use reputable payment providers but does not independently guarantee the security, availability, or performance of third-party payment systems.
Clients are responsible for maintaining a valid payment method when required by their membership, program, package, or other agreement.
REGISTRATION & CLASS RESERVATIONS
Cirque Club St. Pete offers services that may include:
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Drop-in classes;
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Introductory offers;
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Class packages;
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Unlimited memberships;
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Term-based memberships;
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Youth and Teen programs;
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Youth Artist Development Program (“YADP”);
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Private and semi-private lessons;
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Open Gym;
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Artist Lab;
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Workshops;
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Special events;
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Camps; and
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Other programs or services offered from time to time
Prices, expiration dates, eligibility requirements, commitment periods, and other conditions may vary by product or service and will be identified at the time of purchase or in a separate applicable agreement.
Unless otherwise authorized by Cirque Club St. Pete, clients must be properly registered through FitDegree before participating in a class or other scheduled service. All required waivers and agreements must be completed before participation.
Class registration is subject to availability, applicable prerequisites, age requirements, skill-level requirements, coach approval, and other program-specific eligibility requirements.
Classes are filled on a first-come, first-served basis and require a minimum of three (3) registered clients to run unless otherwise stated for a particular class, program, or service.
If the minimum enrollment requirement has not been met, Cirque Club St. Pete reserves the right to cancel a class up to two (2) hours before the scheduled start time.
For the first scheduled class of the following day, Cirque Club St. Pete reserves the right to cancel the class up to ten (10) hours before the scheduled start time if the minimum enrollment requirement has not been met.
Certain classes, schedules, or time slots may be subject to different minimum-enrollment deadlines when communicated by Cirque Club St. Pete through FitDegree, the Website, email, posted studio policies, or other reasonable means.
If Cirque Club St. Pete cancels a class due to insufficient enrollment, any applicable class credit will be returned to the client's account and no late-cancellation or no-show penalty will apply.
Cirque Club St. Pete reserves the right to move a participant to a more appropriate class or deny participation in a particular class, apparatus, skill, or activity when we reasonably determine that participation is inconsistent with the participant's current age, experience, skill level, readiness, safety, or applicable program requirements.
PAYMENTS, AUTOMATIC BILLING & RENEWAL
Your credit or debit card or other authorized payment method may be charged when purchasing a membership, class package, drop-in class, private lesson, workshop, event, program, or other service.
Certain memberships and programs include recurring automatic payments.
By purchasing a recurring membership or program, you authorize Cirque Club St. Pete and its payment processor to charge the payment method associated with your account according to the billing schedule and terms disclosed at the time of purchase.
Recurring automatic billing during an existing membership or program term does not necessarily mean that the membership or program automatically renews for an additional contractual term.
Where a membership or program automatically renews for an additional term, the renewal terms and applicable cancellation requirements will be disclosed in the applicable membership or program agreement.
If a payment cannot be processed, Cirque Club St. Pete may attempt to process the payment again and may suspend registration privileges, membership benefits, or participation until the outstanding balance has been resolved.
You are responsible for maintaining a valid and current payment method.
Fees and payments are non-refundable except where expressly stated otherwise in writing by Cirque Club St. Pete or required by applicable law.
Specific membership commitment periods, renewal terms, cancellation requirements, tuition obligations, and other payment terms contained in a separately executed membership or program agreement will control if they differ from these general Terms.
CLASS CANCELLATIONS, LATE CANCELLATIONS & NO-SHOWS
Clients are responsible for managing their class reservations and cancellations through FitDegree. Cancellation policies vary depending on whether the participant is attending through a class package or an eligible membership.
CLASS PACKAGE HOLDERS & NON-MEMBERS
Clients attending class through a class package or other class credit must cancel their reservation through FitDegree at least twelve (12) hours prior to the scheduled class start time.
A cancellation made less than twelve (12) hours before the scheduled class start time will be considered a late cancellation and will result in the loss of the class credit used for that reservation.
Failure to attend a reserved class without cancelling (“no-show”) will also result in the loss of the applicable class credit.
MEMBERSHIP HOLDERS
Clients attending class through an eligible membership must cancel their reservation through FitDegree at least four (4) hours prior to the scheduled class start time.
A cancellation made less than four (4) hours before the scheduled class start time will be considered a late cancellation and will result in a $15 late-cancellation fee.
Failure to attend a reserved class without cancelling (“no-show”) will result in a $15 no-show fee.
If a membership holder fails to attend a reserved class without cancelling and the class had a waitlist, preventing another client from being offered or using the reserved space, a $25 no-show fee will apply instead of the standard $15 no-show fee.
GENERAL CANCELLATION TERMS
Cancellation deadlines are calculated from the exact scheduled class start time reflected in FitDegree.
Clients are responsible for confirming that their cancellation has been successfully processed through FitDegree.
Repeated late cancellations or no-shows may result in reasonable restrictions on advance registration or other account privileges.
Workshops, special events, camps, private lessons, YADP, Artist Lab, and other specialized services may have separate cancellation policies disclosed at registration or in their applicable agreements.
SCHEDULE CHANGES
Cirque Club St. Pete reserves the right to cancel, combine, modify, or reschedule classes based on enrollment, instructor availability, facility needs, safety considerations, holidays, emergencies, or other operational circumstances.
Instructor assignments, class content, and apparatuses may change when reasonably necessary.
If Cirque Club St. Pete cancels a class, affected clients will not be assessed a late-cancellation or no-show penalty, and any applicable class credit will be returned to the client's account.
LATE ARRIVAL
For safety reasons, participants are expected to arrive on time and participate in the complete warm-up.
Participants arriving more than five (5) minutes after the scheduled start time may not be permitted to participate in class.
A participant denied entry because of late arrival may be treated as a no-show and may lose the applicable class credit or incur the applicable no-show fee.
Whether a late participant may safely join a class is determined by Cirque Club St. Pete staff or the instructor on duty.
MEMBERSHIP COMMITMENT & CANCELLATION
Membership commitment periods and cancellation requirements vary depending on the membership purchased.
Cirque Club St. Pete may offer month-to-month memberships, fixed-term memberships, annual memberships, program tuition arrangements, or other recurring products.
By purchasing a fixed-term membership, you agree to remain financially responsible for the membership for the applicable commitment period, subject to any cancellation rights contained in the specific membership agreement or required by applicable law.
Cancellation of a recurring membership must be requested in writing by contacting:
Cancellation of future billing does not entitle the client to a refund of previous membership charges, except where expressly provided in the applicable membership agreement or required by applicable law.
If a separate membership or program agreement establishes different cancellation, termination, payment, renewal, or commitment requirements, the terms of that agreement will control.
MEMBERSHIP FREEZES
Eligible Cirque Club St. Pete memberships include one complimentary 30-day freeze (one billing cycle) every 12 months.
Any additional freeze time beyond the complimentary 30 days is subject to a $25 per month freeze fee.
Freeze requests must be submitted to Cirque Club St. Pete in writing prior to the requested freeze start date and must include the requested start and end dates.
Approved freeze periods extend the applicable membership commitment by the length of the freeze so that the member completes the full number of active membership months required under their membership agreement.
Membership freezes do not constitute cancellation of a membership. Automatic membership billing will resume upon expiration of the approved freeze period.
Freeze privileges may not apply to all programs, class packages, tuition-based programs, workshops, or other specialized services. Cirque Club St. Pete reserves the right to establish reasonable procedures and limitations regarding membership freezes.
CLASS PACKAGES & CREDITS
Class packages are subject to the expiration period disclosed at the time of purchase.
Unused credits expire at the conclusion of the applicable validity period unless otherwise required by law or expressly extended by Cirque Club St. Pete.
Class packages and credits have no cash value and are non-refundable unless otherwise expressly stated.
Cirque Club St. Pete may permit certain class packages to be shared between eligible family members when approved and properly associated with the applicable FitDegree accounts.
Introductory offers, promotional packages, memberships, YADP tuition, workshops, events, camps, private lessons, and other specialized products may not be transferable or shareable unless expressly authorized.
SAFETY, CLASS PLACEMENT & INSTRUCTOR AUTHORITY
Circus arts, aerial arts, dance, acrobatics, Pilates, flexibility, strength training, and other physical activities require participants to follow instructor directions and studio safety procedures at all times.
Cirque Club St. Pete instructors and staff have sole discretion to determine whether a participant may safely attempt a particular skill, progression, apparatus, height, spotting technique, or activity.
Participants may be required to demonstrate prerequisite skills before attempting more advanced movements.
Participants may not perform skills, use equipment, rig apparatuses, adjust rigging, operate hoists or pulley systems, or participate in activities for which they have not received appropriate authorization.
Crash mats and other safety equipment must be used whenever required by Cirque Club St. Pete.
Participants must immediately comply with an instructor's direction to stop an activity.
Cirque Club St. Pete reserves the right to remove a participant from an activity or class when staff reasonably determine that continued participation presents a safety concern to that participant or others.
DRESS CODE & TRAINING ATTIRE
Participants are expected to wear appropriate clothing and footwear, when applicable, for the class, activity, apparatus, or training being performed.
Training attire should allow for safe movement and instruction and should not create an unnecessary risk of injury, entanglement, equipment damage, or interference with spotting or coaching.
For aerial and other apparatus-based training, participants may be required to wear clothing that appropriately covers areas of the body that come into contact with the apparatus. Clothing containing exposed zippers, buckles, sharp hardware, metal embellishments, or other items that may damage aerial equipment or create a safety concern may not be permitted.
Jewelry, watches, accessories, loose clothing, or other personal items may be required to be removed when Cirque Club St. Pete staff reasonably determine that they could interfere with safe participation or damage equipment. Long hair may be required to be secured when appropriate for the activity being performed.
Certain classes, programs, performances, workshops, or activities may have additional attire, footwear, costume, or appearance requirements communicated by Cirque Club St. Pete.
Cirque Club St. Pete instructors and staff have discretion to determine whether a participant's clothing, footwear, jewelry, accessories, or other attire is appropriate for safe participation. A participant may be asked to modify or remove an item before participating when reasonably necessary for safety or protection of the equipment.
HANDS-ON COACHING, SPOTTING & PHYSICAL CORRECTIONS
Circus arts, aerial arts, acrobatics, handstands, flexibility, strength and conditioning, Pilates, dance, movement, partner work, and related physical activities may require hands-on instruction, physical spotting, manual corrections, positioning, or physical assistance from Cirque Club St. Pete instructors and coaches.
Hands-on coaching may be used when reasonably appropriate to assist with safety, alignment, technique, body positioning, skill development, injury prevention, spotting, or the safe execution of a movement or progression.
Depending on the activity being performed, appropriate physical contact may include contact with areas such as the hands, arms, shoulders, upper or lower back, torso, hips, legs, feet, or other areas reasonably necessary to provide safe and effective instruction or spotting.
Cirque Club St. Pete expects all hands-on instruction and physical contact to be professional, appropriate to the activity being taught, and consistent with legitimate coaching and safety purposes.
Participants are encouraged to communicate with their instructor regarding physical contact, injuries, sensitivities, personal boundaries, or modifications that may affect hands-on coaching or spotting.
A participant may request that hands-on corrections be limited or avoided when reasonably practicable.
However, certain skills or activities may require physical spotting or assistance for safety. If an instructor determines that a skill cannot reasonably or safely be performed without appropriate physical assistance or spotting, the participant may be required to modify, postpone, or refrain from performing that skill or activity.
For minor participants, a parent or legal guardian acknowledges that appropriate hands-on coaching, spotting, positioning, and physical corrections may be a normal and necessary part of circus, aerial, acrobatic, dance, flexibility, and related training.
PARTICIPANT WAIVER, RELEASE OF LIABILITY & ASSUMPTION OF RISK
Participation in Cirque Club St. Pete classes, programs, Open Gym, private lessons, workshops, camps, events, and other physical activities requires completion of Cirque Club St. Pete's applicable Participant Release of Liability, Assumption of Risk, Indemnification & Consent Agreement (the ‘Participant Waiver’), which is provided separately, including electronically through FitDegree when applicable.
The Participant Waiver is a separate agreement from these Terms & Conditions and contains important provisions concerning the inherent risks associated with circus arts, aerial arts, acrobatics, dance, flexibility, strength training, and other physical activities offered by Cirque Club St. Pete.
All required waivers must be completed before participation.
For a minor participant, the applicable Participant Waiver must be completed by a parent or legal guardian with legal authority to provide the required consent and authorization.
The Participant Waiver applicable to a minor participant will contain any notices, disclosures, formatting, acknowledgments, and other provisions required by applicable Florida law.
Acceptance of these Terms & Conditions does not constitute execution of, replace, modify, or eliminate the requirement to separately complete the applicable Participant Release of Liability, Assumption of Risk, Indemnification & Consent Agreement.
PERSONAL PROPERTY
Cirque Club St. Pete is not responsible for lost, stolen, misplaced, or damaged personal property brought into the Facilities, except to the extent responsibility cannot lawfully be excluded.
Participants are responsible for securing their own belongings and valuables.
PHOTOGRAPHS, VIDEO & MEDIA
Cirque Club St. Pete may photograph or record classes, programs, workshops, performances, events, or other studio activities. Where the Photography, Video Recording & Media Consent Agreement is designated as required for a class, program, training activity, or service, completion of that Agreement is a condition of participation.
The use of identifiable photographs, video, voice recordings, or likenesses is subject to any applicable Media Release, program agreement, or other consent provided by the participant or, for a minor, the participant's parent or legal guardian.
A Participant Waiver, Media Release, or other applicable agreement may contain additional provisions governing photographs, recordings, or use of likeness.
OPEN GYM & INDEPENDENT TRAINING
Open Gym and other independent training opportunities are privileges and may require prior approval.
Ground-based training may be permitted without aerial approval when otherwise consistent with studio rules.
Participants wishing to independently train aerial skills may be required to submit a video or otherwise demonstrate competency and receive approval from Cirque Club St. Pete before using aerial equipment without direct instruction.
Use of aerial equipment, rigging systems, pulley systems, hoists, or other specialized equipment is subject to Cirque Club St. Pete safety policies.
Crash mats are required for aerial training.
Certain equipment may only be attached, adjusted, raised, lowered, or operated by Cirque Club St. Pete staff.
Approval for independent training does not constitute a representation or guarantee that any activity, skill, apparatus, or method of training is safe or risk-free. Participants remain responsible for training within their demonstrated ability and complying with all studio rules and safety requirements.
Classes and scheduled programming take precedence over Open Gym and independent training.
Cirque Club St. Pete may restrict, suspend, or revoke Open Gym or independent training privileges at any time when reasonably necessary for safety, conduct, facility operations, or failure to comply with studio policies.
MINORS
A parent or legal guardian must complete or authorize all required waivers, releases, agreements, registrations, and account authorizations for a minor participant.
By registering or authorizing a minor's participation, the parent or legal guardian represents that they possess the legal authority necessary to provide such consent and authorization.
Parents and guardians authorize participation subject to Cirque Club St. Pete's rules, policies, safety requirements, class-placement requirements, program-specific agreements, and the separately executed Participant Release of Liability, Assumption of Risk, Indemnification & Consent Agreement.
Youth and Teen participants must comply with applicable class-placement, age, conduct, supervision, and program requirements.
Parents and legal guardians are responsible for providing accurate and current emergency contact information and for promptly updating Cirque Club St. Pete regarding information reasonably necessary for the safe participation of the minor.
In the event of an injury, illness, or other emergency involving a minor participant, Cirque Club St. Pete may contact the parent or guardian, designated emergency contact, emergency medical services, or other appropriate emergency personnel as reasonably necessary under the circumstances.
Any separate emergency medical authorization or consent required for a particular program, camp, event, or activity must be completed before participation when requested by Cirque Club St. Pete.
STUDENT & PARTICIPANT CONDUCT
All participants are expected to treat coaches, staff, other students, clients, equipment, and the Facilities with respect.
Participants must comply with safety instructions promptly and must not engage in conduct that creates an unreasonable risk to themselves or others or materially interferes with instruction or the training environment.
Cirque Club St. Pete reserves the right to temporarily remove a participant from an activity, class, or training area when necessary for safety, behavior, or operational reasons.
Serious or repeated violations of studio rules, safety requirements, codes of conduct, or applicable program agreements may result in suspension or termination of participation.
Additional conduct requirements may apply to Youth and Teen programs, YADP, camps, performances, teams, and other specialized programming.
FACILITY RULES
Participants must comply with all posted and communicated Cirque Club St. Pete facility rules.
Clients and guests may only enter or use areas and equipment authorized for their use.
Aerial apparatuses, rigging systems, crash mats, training equipment, sound systems, storage areas, and other Cirque Club St. Pete property may not be moved, adjusted, operated, or used without authorization when such authorization is required.
Cirque Club St. Pete operates within a shared facility. Clients must respect designated spaces belonging to other businesses and comply with reasonable building and common-area rules.
SAFETY, CLEANLINESS & HYGIENE
All participants, clients, coaches, guests, and other persons using Cirque Club St. Pete Facilities are expected to maintain a safe, clean, and hygienic training environment.
Participants must follow all posted or communicated safety, cleanliness, and hygiene requirements and all reasonable instructions provided by Cirque Club St. Pete staff.
Participants are expected to arrive in appropriate condition for physical training and maintain reasonable personal hygiene appropriate for a shared training environment.
Participants must clean or sanitize equipment when requested and must promptly report spills, damaged equipment, unsafe conditions, bodily-fluid exposure, or other conditions that may create a health or safety concern.
Participants should not attend or participate when experiencing a contagious illness or other condition that could reasonably place other participants or staff at risk.
Cirque Club St. Pete reserves the right to restrict participation or require a participant to leave the Facilities when reasonably necessary to protect the health, safety, or cleanliness of the training environment.
EQUIPMENT USE, CARE & RETURN
Cirque Club St. Pete equipment and training areas must be treated with care and used only for their intended purposes and in accordance with applicable safety requirements.
Participants may not use, move, adjust, rig, attach, remove, modify, or operate equipment without authorization when such authorization is required.
Equipment used during classes, Open Gym, Artist Lab, private training, or other activities must be returned to its designated location after use unless otherwise directed by Cirque Club St. Pete staff.
Participants are expected to leave training areas reasonably clean and organized and to return mats, blocks, conditioning equipment, props, and other equipment to their designated locations.
Aerial apparatuses, rigging hardware, pulley systems, hoists, crash mats, and other specialized equipment may only be moved, adjusted, attached, raised, lowered, or operated in accordance with Cirque Club St. Pete policies and staff authorization.
Participants must promptly report damaged, malfunctioning, worn, or potentially unsafe equipment and must discontinue use of equipment they reasonably believe may be unsafe.
Intentional, reckless, or unauthorized misuse of Cirque Club St. Pete property or equipment may result in suspension or termination of participation and responsibility for the reasonable cost of repair or replacement to the extent permitted by law.
NON-SOLICITATION & PROTECTION OF THE CCSP COMMUNITY
Cirque Club St. Pete has invested substantial time, resources, programming, marketing, coaching, and community-building efforts in developing relationships with its clients, students, families, coaches, and participants.
The Facilities, classes, programs, events, FitDegree platform, client relationships, and Cirque Club St. Pete community may not be used as a means to solicit Cirque Club St. Pete clients or participants for competing or outside commercial services without prior authorization from Cirque Club St. Pete.
While participating in or using Cirque Club St. Pete Facilities, classes, programs, Open Gym, Artist Lab, events, communication channels, or other services, clients, participants, coaches, contractors, guests, and other persons may not actively solicit or redirect Cirque Club St. Pete clients or students to another studio, training facility, coach, instructor, competing program, private training service, or other commercial service for their own benefit or for the benefit of a third party.
This provision is not intended to prohibit ordinary friendships, personal relationships, incidental conversations, or a client's independent decision to train or obtain services elsewhere. It is intended to prohibit the intentional use of access to Cirque Club St. Pete, its Facilities, programs, client relationships, or community for unauthorized commercial solicitation or diversion of clients.
Unauthorized solicitation, promotion of competing services, or intentional efforts to divert Cirque Club St. Pete clients or students may result in restriction, suspension, or termination of access to Cirque Club St. Pete Facilities, programs, memberships, Open Gym privileges, or other services.
NON-REFUNDABLE FEES & VALID PAYMENT METHOD
Except where expressly stated otherwise in writing or required by applicable law, registration fees, tuition, memberships, class packages, workshops, events, camps, private lessons, and other purchases are non-refundable.
All clients purchasing or participating in Cirque Club St. Pete services, including recurring memberships and tuition-based programs, are responsible for maintaining a valid payment method on file when required.
If a payment method expires, is canceled, is declined, or otherwise becomes unavailable, the client is responsible for promptly updating the payment information associated with the account.
Failure to maintain payment does not automatically terminate a membership or other contractual payment obligation.
PROGRAM-SPECIFIC AGREEMENTS
Certain Cirque Club St. Pete programs, including YADP, camps, performance programs, memberships, private training arrangements, competitions, workshops, and other specialized services, may require additional agreements, codes of conduct, policies, releases, or authorizations.
Those agreements supplement these Terms and form part of the participant's relationship with Cirque Club St. Pete when applicable.
ORDER OF PRECEDENCE
If these Terms conflict with a separately executed agreement concerning the same subject matter:
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A separately executed Participant Release of Liability, Assumption of Risk, Indemnification & Consent Agreement will control with respect to assumption of risk, release of liability, and other matters expressly addressed by that waiver;
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A program-specific agreement, including a YADP Enrollment, Tuition & Participation Agreement, will control with respect to tuition, attendance, participation requirements, conduct, suspension, dismissal, withdrawal, termination, and other matters expressly addressed by that program agreement;
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A separately executed membership agreement will control with respect to membership term, pricing, billing, renewal, commitment periods, cancellation, freezes, termination, and other matters expressly addressed by that membership agreement; and
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These Terms & Conditions will otherwise govern the participant's general use of Cirque Club St. Pete Facilities and services.
Nothing in this section is intended to modify or limit any right or obligation that cannot lawfully be modified or waived.
TERMINATION OR SUSPENSION BY CIRQUE CLUB ST. PETE
Cirque Club St. Pete reserves the right to suspend or terminate a client's membership, registration privileges, program participation, Open Gym privileges, or access to the Facilities when reasonably necessary due to:
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Failure to comply with safety requirements;
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Serious or repeated misconduct;
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Harassment, threatening behavior, or inappropriate conduct;
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Material interference with classes or studio operations;
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Unauthorized use of equipment or Facilities;
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Failure to pay amounts when due;
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Violation of these Terms or another applicable agreement; or
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Conduct that Cirque Club St. Pete reasonably determines creates a significant safety, operational, or community concern.
When appropriate under the circumstances, Cirque Club St. Pete may provide notice or an opportunity to correct a violation before suspension or termination. Nothing in these Terms requires Cirque Club St. Pete to provide prior warning when immediate action is reasonably necessary to protect the safety of participants, staff, Facilities, equipment, studio operations, or the training environment.
Termination or suspension does not eliminate outstanding financial obligations incurred before the effective date of termination or any financial obligations expressly surviving termination under an applicable membership or program agreement.
The financial consequences of termination from a particular membership or program will be determined by the terms of the applicable membership or program agreement.
DISPUTE RESOLUTION
Cirque Club St. Pete and the client agree that disputes should be resolved in a fair, efficient, and proportionate manner whenever reasonably possible.
Before initiating formal legal proceedings or arbitration, either party is encouraged to provide the other with written notice describing the dispute and requested resolution and to make a reasonable good-faith effort to resolve the matter informally. Nothing in this provision requires either party to delay action when immediate legal or equitable relief is reasonably necessary.
SMALL CLAIMS
Any dispute or claim in which the amount sought is $8,000 or less, exclusive of interest, court costs, and attorneys’ fees, may be brought by either party in the appropriate court located in Pinellas County, Florida, including small claims court when the claim qualifies for small claims procedures.
Neither party is required to arbitrate a claim that qualifies for resolution under this provision.
ARBITRATION OF CLAIMS OVER $8,000
Except for claims expressly excluded below, any dispute, claim, or controversy arising out of or relating to these Terms, an applicable membership or program agreement, or the parties' relationship with Cirque Club St. Pete in which the amount sought exceeds $8,000 shall be resolved through binding arbitration rather than through a lawsuit in court.
The arbitration shall take place in Pinellas County, Florida, unless the parties mutually agree to another location or to remote proceedings.
The arbitration shall be conducted by a single neutral arbitrator in accordance with the Revised Florida Arbitration Code and the applicable rules of a mutually agreed-upon arbitration provider. If the parties cannot agree upon an arbitration provider or arbitrator, either party may request appointment of an arbitrator as permitted by applicable law.
The arbitrator may award any remedy or relief that would otherwise be available to the parties under applicable law, subject to the terms of the applicable agreements.
Each party will be responsible for its own attorneys’ fees and costs unless an award of attorneys’ fees or costs is authorized by applicable law, another enforceable agreement between the parties, or the arbitrator's award.
EXCEPTIONS
Nothing in this dispute-resolution provision prevents either party from:
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bringing an eligible claim under the Small Claims provision above;
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seeking temporary, preliminary, emergency, or injunctive relief from a court of competent jurisdiction when reasonably necessary to protect persons, property, confidential information, intellectual property, or other rights pending resolution of the underlying dispute;
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pursuing a remedy that applicable law expressly provides cannot be subjected to mandatory arbitration; or
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seeking judicial enforcement, confirmation, modification, or vacation of an arbitration award as permitted by applicable law.
WAIVER OF JURY TRIAL FOR ARBITRATED CLAIMS
BY AGREEING TO BINDING ARBITRATION FOR CLAIMS SUBJECT TO THE ARBITRATION PROVISION ABOVE, CIRQUE CLUB ST. PETE AND THE CLIENT UNDERSTAND AND AGREE THAT THOSE CLAIMS WILL BE DECIDED BY AN ARBITRATOR RATHER THAN BY A JUDGE OR JURY IN COURT.
This waiver applies only to claims required to be resolved through arbitration under this provision and does not eliminate either party's right to use the courts for claims or proceedings expressly permitted by these Terms.
GOVERNING LAW & VENUE
These Terms and any applicable agreement between the parties shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.
Except for disputes required to be resolved through arbitration under the applicable Dispute Resolution provision, any legal proceeding arising from these Terms or participation in Cirque Club St. Pete services shall, to the extent permitted by law, be brought in a court of competent jurisdiction located in Pinellas County, Florida, or the applicable federal court having jurisdiction over Pinellas County.
Any arbitration required under these Terms shall be conducted in Pinellas County, Florida, unless the parties mutually agree otherwise.
SEVERABILITY
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that determination shall not affect the validity or enforceability of the remaining provisions.
To the extent permitted by law, an invalid or unenforceable provision shall be interpreted or modified as necessary to most closely accomplish its intended lawful purpose.
NO WAIVER
Failure by Cirque Club St. Pete to enforce any provision of these Terms on one occasion does not constitute a waiver of that provision or Cirque Club St. Pete's right to enforce it in the future.
ENTIRE AGREEMENT
These Terms, together with any applicable membership agreement, program agreement, Participant Release of Liability, Assumption of Risk, Indemnification & Consent Agreement, Photography, Video Recording & Media Consent Agreement, or other written agreement entered into between the participant and Cirque Club St. Pete, constitute the agreement governing the applicable services.
These Terms are intended to supplement, rather than replace, separately executed agreements applicable to a particular membership, program, activity, or participant.
In the event of an inconsistency between these Terms and a more specific separately executed agreement, the Order of Precedence contained in these Terms will apply.
MODIFICATIONS TO THESE TERMS
Cirque Club St. Pete reserves the right to amend or update these Terms from time to time to reflect changes in studio operations, services, policies, technology, safety practices, or applicable law.
Updated Terms may be posted on our Website, made available through FitDegree, distributed electronically, or otherwise reasonably communicated to clients.
Changes to general studio policies and operational procedures may apply prospectively following their effective date.
Continued use of Cirque Club St. Pete Facilities or services after an updated version becomes effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.
Nothing in this section authorizes Cirque Club St. Pete to retroactively or unilaterally modify a client's existing fixed-term price, commitment period, tuition obligation, or other material contractual obligation where such modification would be inconsistent with the applicable agreement or applicable law.
Material changes affecting an existing fixed-term contractual obligation will be handled in accordance with the applicable agreement and Florida law.
ACKNOWLEDGMENT
By accepting these Terms & Conditions or using Cirque Club St. Pete's Facilities or services, you acknowledge that you have read, understood, and agree to these Terms & Conditions and any other agreements or policies applicable to the services you use.
Participation in physical activities offered by Cirque Club St. Pete is separately subject to completion of the applicable Participant Release of Liability, Assumption of Risk, Indemnification & Consent Agreement.
FOR A MINOR PARTICIPANT
A parent or legal guardian is responsible for accepting applicable Terms, completing required waivers, releases, agreements, and authorizations, and authorizing participation on behalf of a minor participant as required by Cirque Club St. Pete.
The Participant Release of Liability, Assumption of Risk, Indemnification & Consent Agreement applicable to a minor is a separate agreement and will contain any specific notices, disclosures, formatting, acknowledgments, and other provisions required under applicable Florida law. Acceptance of these Terms does not substitute for completion of that waiver.