TERMS AND CONDITIONS

Third Space Studios, LLC
Last Updated: December 19, 2025
Effective Date: December 19, 2025

1. ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Third Space Studios, LLC, a Texas limited liability company ("Third Space Studios," "we," "us," or "our"), governing your access to and use of our website located at mythirdspacestudios.com (the "Website") and all services provided through the Website.

By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you are not authorized to use this Website and must immediately cease all use.

These Terms apply to all visitors, users, and others who access or use the Website, whether or not you purchase services from us.

2. MODIFICATIONS TO TERMS

We reserve the right, at our sole discretion, to modify, update, or replace these Terms at any time without prior notice. Changes will be effective immediately upon posting to the Website. The "Last Updated" date at the top of these Terms will reflect the date of the most recent revision.

Your continued use of the Website following the posting of any changes constitutes acceptance of those changes. You are responsible for reviewing these Terms periodically for updates. If you do not agree to the modified Terms, you must discontinue use of the Website immediately.

We may also provide additional notices of significant changes via email or through prominent notices on the Website, but we are not obligated to do so.

3. ELIGIBILITY AND USER ACCOUNTS

3.1 Age Requirements

You must be at least 18 years of age to use this Website, register for an account, or purchase services. By using this Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3.2 Minors

Individuals under the age of 18 may participate in our classes and services only with the express written consent and supervision of a parent or legal guardian. The parent or legal guardian must complete all registration, acknowledge all terms and waivers, and assume full responsibility for the minor's participation.

3.3 Account Registration

To access certain features of the Website, including class bookings and purchases, you may be required to create an account through our third-party service provider, Mariana Tek. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Maintain the security and confidentiality of your account credentials
Notify us immediately of any unauthorized use of your account
Accept responsibility for all activities that occur under your account

You are solely responsible for any and all activities conducted through your account, whether or not authorized by you. We reserve the right to suspend or terminate any account at any time for any reason, including violation of these Terms.

4. SERVICES AND BOOKINGS

4.1 Service Offerings

Third Space Studios offers pilates instruction, fitness classes, workshops, and related wellness services (collectively, "Services"). All Services are subject to availability and may be modified, suspended, or discontinued at any time without notice or liability to you.

4.2 Class Bookings and Reservations

All class bookings and reservations are processed through our third-party service provider, Mariana Tek. By making a reservation, you agree to comply with Mariana Tek's terms of service and our studio policies.

Class reservations are not confirmed until payment is processed and you receive confirmation. We reserve the right to refuse service, cancel classes, or limit class capacity at our sole discretion.

4.3 Geographic Limitations

Our Services are available only to clients located in Texas, specifically the Houston metropolitan area. We do not offer virtual or remote services to individuals located outside of Texas. By purchasing Services, you represent that you are located in Texas.

5. PRICING, PAYMENT, AND FEES

5.1 Pricing

All prices for Services are displayed on the Website and are subject to change at any time without notice. Pricing may vary based on class type, package selection, membership level, and promotional offers.

Prices do not include applicable state and local sales taxes. Texas sales tax of 6.25% plus applicable local taxes will be added to all purchases as required by law.

5.2 Payment Processing

All payments are processed through Mariana Tek's integrated payment platform, which utilizes Stripe, a PCI Level 1 Service Provider. By making a purchase, you agree to provide valid payment information and authorize us to charge your designated payment method.

You represent and warrant that:

You have the legal right to use any payment method provided
The payment information you provide is accurate and complete
You will pay all charges incurred by you or anyone using your account

5.3 Payment Authorization

For memberships and recurring services, you authorize Third Space Studios and our payment processor to automatically charge your designated payment method on a recurring basis according to the payment schedule of your selected membership or package. You will receive advance notice of charges via email.

5.4 Failed Payments

If payment cannot be processed for any reason, we reserve the right to suspend your access to Services until payment is received. You remain responsible for all outstanding charges. We may charge a fee for failed payment attempts as permitted by law.

6. CANCELLATIONS, REFUNDS, AND CREDITS

6.1 Class Cancellations by User

Late Cancellation: Classes must be cancelled at least 12 hours in advance of the scheduled start time to avoid penalty. Cancellations made less than 12 hours before class will result in forfeiture of the class credit or charge to your account.

No-Shows: Failure to attend a reserved class without prior cancellation constitutes a "no-show" and will result in forfeiture of the class credit and/or applicable charge.

6.2 Refund Policy

General Policy: All sales are final. We do not offer refunds for any purchases, including but not limited to class packages, memberships, workshops, retail items, or services, except as required by law or as expressly stated in a separate written agreement.

Class Credits: In lieu of refunds, eligible cancelled classes may be credited back to your account for future use according to our cancellation policy stated above.

Memberships: Membership fees are non-refundable. Members may cancel ongoing memberships according to the terms of their membership agreement, but no refunds will be issued for prior billing periods.

6.3 Class Cancellations by Third Space Studios

We reserve the right to cancel any class at any time due to insufficient enrollment, instructor unavailability, facility issues, or other circumstances. If we cancel a class for which you are registered, you will receive a credit to your account for future use. No refunds will be issued for classes cancelled by Third Space Studios.

6.4 Disputes and Chargebacks

If you dispute a charge or initiate a chargeback through your payment provider, your account may be immediately suspended pending resolution. Unjustified chargebacks may result in permanent account termination and collection efforts for outstanding balances plus administrative fees.

7. MEMBERSHIP TERMS

7.1 Membership Agreements

Specific terms and conditions for memberships, including billing cycles, commitment periods, freeze policies, and cancellation procedures, are set forth in your membership purchase agreement provided at the time of enrollment.

7.2 Membership Cancellation

Members may cancel their membership by providing written notice through their Mariana Tek account or by emailing us at hello@mythirdspacestudios.com. Cancellation requests must comply with any notice requirements specified in your membership agreement. No refunds will be issued for any portion of the current billing cycle.

7.3 Membership Transfers

Memberships are personal to you and may not be transferred, sold, or assigned to any other person without our express written consent.

8. LIABILITY WAIVER AND ASSUMPTION OF RISK

8.1 Separate Waiver Required

ALL USERS ARE REQUIRED TO EXECUTE A SEPARATE COMPREHENSIVE LIABILITY WAIVER AND ASSUMPTION OF RISK AGREEMENT PRIOR TO PARTICIPATING IN ANY CLASSES OR SERVICES. Participation in any Services is expressly conditioned upon execution of such waiver.

8.2 Acknowledgment of Risks

You acknowledge that participation in fitness activities, including pilates classes, involves inherent risks of physical injury, and you voluntarily assume all such risks. You are responsible for consulting with a physician before beginning any exercise program.

8.3 Health Representations

By using our Services, you represent and warrant that:

You are in good physical health and have no medical conditions that would prevent safe participation
You have disclosed all relevant medical conditions, injuries, or limitations to us in writing
You will immediately inform instructors of any pain, discomfort, or concerns during class
You accept full responsibility for your personal safety and wellbeing

9. LIMITATION OF LIABILITY

9.1 Disclaimer of Warranties

THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT

LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

The Website will be uninterrupted, secure, or error-free
The results obtained from use of the Website or Services will be accurate or reliable
Any errors in the Website will be corrected
The Website or servers are free from viruses or harmful components

9.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, IN NO EVENT SHALL THIRD SPACE STUDIOS, LLC, OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INSTRUCTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO:

Personal injury or property damage
Loss of profits, revenue, or business opportunities
Loss of data or information
Business interruption
Loss of goodwill or reputation

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO THIRD SPACE STUDIOS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

9.4 Essential Basis of Bargain

You acknowledge and agree that these limitations of liability are fundamental elements of the agreement between you and Third Space Studios, and that we would not provide the Website or Services without these limitations.

9.5 Texas Law

Some jurisdictions do not allow certain warranty disclaimers or limitations of liability. If Texas law prohibits any limitation in these Terms from applying to you, that specific limitation will not apply, but all other limitations and disclaimers shall remain in full force and effect.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Third Space Studios, LLC, and its members, managers, officers, employees, agents, contractors, instructors, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or relating to:

Your use or misuse of the Website or Services
Your violation of these Terms or any applicable law or regulation
Your violation of any third-party rights, including intellectual property rights or privacy rights
Any content or information you submit, post, or transmit through the Website
Your willful misconduct or negligence
Any injury or damage you cause to yourself or third parties in connection with your use of Services

This indemnification obligation will survive termination of these Terms and your use of the Website.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 Our Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, videos, audio clips, software, code, designs, trademarks, service marks, and other materials (collectively, "Content"), is the exclusive property of Third Space Studios, LLC, or our licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Third Space Studios name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Third Space Studios, LLC. You may not use such marks without our prior written permission.

11.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website for your personal, non-commercial use only.

You may not:

Modify, copy, distribute, transmit, display, reproduce, publish, license, or create derivative works from any Content
Use any Content for commercial purposes or for public display
Remove or alter any copyright, trademark, or other proprietary notices
Access or use the Website through automated means (bots, scrapers, etc.)
Reverse engineer, decompile, or disassemble any software or technology on the Website
Frame or embed the Website or any Content without written permission

11.3 Violations

Unauthorized use of our intellectual property may result in immediate termination of your access to the Website and may subject you to civil and criminal penalties under applicable laws, including substantial monetary damages and attorneys' fees.

12. USER-GENERATED CONTENT

12.1 User Submissions

The Website may allow you to post, submit, or transmit content such as reviews, comments, feedback, photographs, or other materials ("User Content"). You retain ownership of your User Content, but by posting User Content, you grant us the following rights:

You grant Third Space Studios a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and publicly perform your User Content in any media format and through any media channel, including for promotional and marketing purposes.

12.2 User Content Representations

By posting User Content, you represent and warrant that:

You own or have the necessary rights to post the User Content
The User Content does not violate any third-party rights, including intellectual property, privacy, or publicity rights
The User Content complies with these Terms and all applicable laws
The User Content is accurate and not misleading

12.3 Prohibited Content

You may not post User Content that:

Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
Infringes any intellectual property or other proprietary rights
Contains viruses, malware, or other harmful code
Promotes discrimination, bigotry, racism, hatred, or violence
Violates the privacy or publicity rights of any person
Contains unsolicited advertising, promotional materials, or spam
Impersonates any person or entity

12.4 Monitoring and Removal

We have no obligation to monitor User Content but reserve the right to review, edit, or remove any User Content at any time for any reason without notice. We do not endorse any User Content and expressly disclaim any liability for User Content posted by third parties.

12.5 DMCA Compliance

We respect the intellectual property rights of others and expect users to do the same. If you believe that your copyrighted work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our DMCA Agent with the following information:

Identification of the copyrighted work claimed to have been infringed
Identification of the material claimed to be infringing, with sufficient detail for us to locate it
Your contact information (name, address, telephone, email)
A statement that you have a good faith belief that the use is not authorized by the copyright owner
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
Your physical or electronic signature

DMCA notices should be sent to: hello@mythirdspacestudios.com or 3115 Allen Parkway, 1st Floor, Houston, Texas 77019

We will respond to valid DMCA takedown notices in accordance with the Digital Millennium Copyright Act. Users who repeatedly infringe copyrights may have their accounts terminated.

13. PRIVACY AND DATA PROTECTION

13.1 Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection and use practices.

13.2 Third-Party Service Providers

We use Mariana Tek for class scheduling, booking, account management, and payment processing. Mariana Tek may collect and process your personal information in accordance with their own privacy policy. By using our Services, you consent to the collection and use of your information by Mariana Tek.

Payment processing is handled by Stripe, a PCI Level 1 Service Provider. Your payment information is transmitted directly to Stripe and is not stored on our servers.

13.3 Marketing Communications

By creating an account or making a purchase, you consent to receive transactional emails and marketing communications from us via the email address you provide. You may opt out of marketing communications at any time by following the unsubscribe instructions in the email or by contacting us directly. Transactional emails (booking confirmations, account notifications, etc.) cannot be opted out of while you maintain an active account.

We use Mariana Tek for email communications. You acknowledge that your email address and communication preferences may be processed through their systems.

13.4 No Health Information Collection

We do not collect medical or health information through the Website. Any health-related information you provide will be through separate forms and waivers executed in person or through secure channels, not through the Website's public interfaces.

14. PROHIBITED USES

You agree not to use the Website or Services for any unlawful purpose or in any way that violates these Terms. Prohibited activities include, but are not limited to:

Violating any local, state, national, or international law or regulation
Transmitting or procuring the sending of any advertising or promotional material without our consent
Impersonating or attempting to impersonate Third Space Studios, our employees, another user, or any other person or entity
Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Website
Using the Website in any manner that could disable, overburden, damage, or impair the Website
Using any robot, spider, or other automatic device or manual process to monitor or copy the Website
Introducing any viruses, Trojan horses, worms, logic bombs, or other harmful material
Attempting to gain unauthorized access to any portion of the Website, other accounts, or computer systems
Interfering with or circumventing security features of the Website
Harassing, abusing, or harming another person or group
Using information obtained from the Website to contact, advertise to, or solicit any other user
Using the Website to compete with Third Space Studios or for any commercial purpose not expressly authorized
Making improper use of our support services or submitting false reports
Collecting or tracking personal information of other users without consent

Violation of this section may result in immediate termination of your access to the Website and may subject you to civil and criminal liability.

15. THIRD-PARTY LINKS AND SERVICES

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Third Space Studios, including but not limited to Mariana Tek, Stripe, and social media platforms.

We have no control over, and assume no responsibility for, the content, privacy policies, terms of use, or practices of any third-party websites or services. We do not endorse or make any representations about third-party websites or services.

You acknowledge and agree that Third Space Studios shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party content, goods, or services available through such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

16. TERMINATION

16.1 Termination by You

You may terminate your account at any time by contacting us at hello@mythirdspacestudios.com or through your Mariana Tek account settings. Termination of your account does not relieve you of any obligations to pay outstanding fees or charges incurred prior to termination.

16.2 Termination by Us

We reserve the right to suspend or terminate your access to the Website and Services, with or without notice, for any reason or no reason, including but not limited to:

Violation of these Terms
Fraudulent, abusive, or illegal activity
Failure to pay fees or charges when due
At our sole discretion for any business or operational reason

16.3 Effect of Termination

Upon termination:

Your right to access and use the Website immediately ceases

Any outstanding fees or charges become immediately due and payable
Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution provisions

We are not liable to you or any third party for any termination of your access to the Website or Services.

17. GOVERNING LAW AND JURISDICTION

17.1 Governing Law

These Terms and any dispute or claim arising out of or related to these Terms, the Website, or Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

17.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms, the Website, or Services shall be brought exclusively in the state or federal courts located in Harris County, Texas. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue, including any claim that such forum is inconvenient.

17.3 Waiver of Jury Trial

YOU AND THIRD SPACE STUDIOS EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, OR SERVICES.

18. DISPUTE RESOLUTION

18.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact us at hello@mythirdspacestudios.com to attempt to resolve any dispute, claim, or controversy informally. We will attempt to resolve the dispute through good-faith negotiations for a period of at least thirty (30) days.

18.2 Arbitration Agreement (Optional)

Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or Services that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The arbitration shall be conducted in Houston, Texas. The arbitrator shall apply Texas substantive law. Each party shall bear its own costs and attorneys' fees, unless the arbitrator awards such costs and fees to the prevailing party.

The arbitration shall be confidential, and neither party may disclose the existence, content, or results of the arbitration without the prior written consent of both parties, except as required by law.

This arbitration agreement does not preclude either party from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.

18.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

18.4 Time Limitation on Claims

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, OR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY.

19. GENERAL PROVISIONS

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Third Space Studios regarding the

Website and Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

19.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

19.3 Waiver

No waiver by Third Space Studios of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. We may assign, transfer, or delegate these Terms and our rights and obligations without restriction. Any attempted assignment in violation of this section shall be null and void.

19.5 No Agency

No agency, partnership, joint venture, or employment relationship is created between you and Third Space Studios as a result of these Terms or your use of the Website or Services. You have no authority to bind Third Space Studios in any manner whatsoever.

19.6 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

19.7 Headings

The headings and captions used in these Terms are for convenience only and shall not affect the interpretation of these Terms.

19.8 Electronic Communications

You consent to receive communications from us electronically, including via email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19.9 California Users

If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

19.10 Export Controls

You may not use, export, or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations, including United States export laws and regulations.

19.11 Survival

All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, dispute resolution, and governing law provisions.

20. CONTACT INFORMATION

If you have any questions, concerns, or complaints regarding these Terms, the Website, or Services, please contact us at:

Third Space Studios, LLC
3115 Allen Parkway, First Floor
Houston, Texas 77019
hello@mythirdspacestudios.com

For DMCA takedown notices, please use the contact information above and clearly mark your communication as "DMCA Notice."

ACKNOWLEDGMENT

BY USING THIS WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE OR SERVICES.

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