Terms of Service.

Last updated September 30, 2024

Welcome to Union Yoga Studio!

These Terms of Service ("Terms") govern your access to and use of the services provided by Union Yoga Studio LLC ("Union Yoga Studio," "we," "us," or "our"), including our website, classes, workshops, and any other related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Services.

1. Use of Services

1.1 Eligibility: You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under 18, your parent or legal guardian must agree to these Terms on your behalf.

1.2 Account Creation: Some of our Services may require you to create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and you are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

1.3 Prohibited Activities: You agree not to:

• Use the Services for any illegal purpose or in violation of any local, state, national, or international law, including the laws of the State of Ohio.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the Services or servers or networks connected to the Services.
• Use any data mining, robots, or similar data gathering or extraction methods.
• Attempt to gain unauthorized access to the Services, other users' accounts, or any other computer systems or networks connected to the Services.
• Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

2. Health and Safety

2.1 Assumption of Risk: You acknowledge that yoga and other fitness activities involve inherent risks of injury, including but not limited to muscle strains, sprains, and other physical injuries. You voluntarily assume all risks associated with participating in our Services.

2.2 Medical Clearance: You represent and warrant that you are physically fit and have no medical condition that would prevent you from participating in our Services. If you have any concerns about your physical ability to participate, you should consult with a healthcare professional before using our Services.

2.3 Studio Etiquette: You agree to abide by all studio rules and regulations, including but not limited to arriving on time for class, wearing appropriate attire, and respecting the instructor and other participants.

3. Payments, Refunds, and Cancellations

3.1 Fees: You agree to pay all fees associated with the Services you use, including class fees, membership fees, and any other applicable charges. All fees are clearly outlined on our website and at the studio.

3.2 Refunds and Cancellations: Union Yoga Studio has a detailed refund and cancellation policy that governs all purchases and memberships. You can find the full policy on your member agreement or at our studio. By purchasing any Services, you acknowledge and agree to abide by this policy. This policy may include, but is not limited to, information regarding:

• Monthly Memberships & Plans : Policies regarding recurring billing, fee increases, membership suspension, membership holds, and termination.
• Class Purchases : Policies regarding the non-refundable and non-transferable nature of class purchases, validity of online purchases, and third-party vendor purchases.
• Reservations : Advance reservation requirements and methods for making reservations.
• No-Shows/Late Cancellations : Policies regarding late arrival, class cancellation deadlines, and associated fees.

4. Code of Conduct

4.1 You agree to comply with Union Yoga Studio's Code of Conduct, which may be updated from time to time. This may include policies regarding:

• Timeliness : Arriving on time for class and remaining for the entire duration.
• Late Entry : Restrictions on late entry to certain class formats.
• Early Departure : Discouraging early departures and procedures for early departures if necessary.
• Cell Phones : Prohibition of cell phone use during class.
• Prop Handling : Following instructor guidance on prop handling.
• Conversations : Minimizing conversations during class to respect others' focus.

5. Minors

5.1 Minors (under 18 years old) must have a parent or legal guardian complete a waiver and release of liability prior to their first class.

5.2 Minors between 14 and 17 may attend class without a parent/guardian.

5.3 Minors between 14 and 15 must be accompanied in class by a parent/guardian.

5.4 Minors under 14 are not permitted to take class.

6. Intellectual Property

6.1 Ownership: All content included in or made available through our Services, such as text, graphics, logos, images, audio clips, video clips, and software, is the property of Union Yoga Studio or its licensors and is protected by United States and international copyright laws.

6.2 Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

6.3 Trademarks: All trademarks, service marks, and trade names of Union Yoga Studio used in the Services are trademarks or registered trademarks of Union Yoga Studio.

7. Disclaimer of Warranties

7.1 AS IS: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 NO GUARANTEE: UNION YOGA STUDIO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7.3 NO RELIANCE: YOU SHOULD NOT RELY ON ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES.

8. Limitation of Liability

8.1 INDIRECT DAMAGES: IN NO EVENT WILL UNION YOGA STUDIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF UNION YOGA STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 TOTAL LIABILITY: UNION YOGA STUDIO'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO UNION YOGA STUDIO FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

9. Indemnification

You agree to indemnify and hold Union Yoga Studio and its affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law or the rights of a third party, your use of the Studio, your participation in an Event, or your engagement in an Activity.

10. Governing Law and Dispute Resolution

10.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions.

10.2 Dispute Resolution: Any dispute arising out of or relating to these Terms or the Services shall be settled in accordance with the laws of the State of Ohio. You agree to submit to the personal jurisdiction of the courts located in Delaware County, Ohio for the purpose of litigating any such dispute.

11. Release of Liability and Assumption of Risk

11.1 Acknowledgement of Risk : You acknowledge and agree that there are inherent risks of injury associated with using a Studio, participating in Events, and engaging in Activities, including but not limited to falling, being injured by the actions or inactions of others, equipment failures, and injuries resulting from physical activity. You understand that some risks cannot be eliminated.

11.2 Medical Condition : You certify that you do not have a medical condition that would interfere with your ability to safely use the Studio, participate in Events, or engage in Activities. If you have any concerns, you should consult with a healthcare professional before using our Services.

11.3 Assumption of Risk : You voluntarily assume all risks associated with using the Studio, participating in Events, and engaging in Activities.

11.4 Insurance : You certify that you possess adequate insurance to cover any injury, damage, or loss, including death, that you may cause or sustain while using the Studio, participating in any Event, or engaging in any Activity. You agree to solely bear the cost of any such injury, damage, or loss.

12. Media Release

12.1 Grant of Rights : You grant Union Yoga Studio the right to record your name, voice, image, and likeness by any technological means, including film, digital recording, or other technology (the "Released Materials").

12.2 Use of Released Materials : You grant Union Yoga Studio the right to use the Released Materials in any manner and for any purpose whatsoever, including for outreach, advertising, publicity, exhibition, education, or any other promotional purpose, in any media, including social media, website, film, print medium, or any media to be developed in the future.

12.3 Waiver of Claims : You waive any right or cause of action you may have against Union Yoga Studio for libel, slander, invasion of privacy, false light, copyright, or right of publicity from the use of the Released Materials.

13. Indemnification

You agree to indemnify and hold Union Yoga Studio and its affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law or the rights of a third party, your use of the Studio, your participation in an Event, or your engagement in an Activity.

14. Waiver of Jury Trial

To the fullest extent permitted by applicable law, you waive any right you may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to these Terms or the Services.

15. Term and Termination

These Terms shall commence upon your acceptance and shall remain in full force and effect until terminated by either party. You may terminate these Terms at any time by ceasing to use the Services. Union Yoga Studio may terminate these Terms at any time for any reason, with or without notice. Sections 6, 8, 9, 11, 12, 13, 14, and 16 shall survive the termination of these Terms.

16. Entire Agreement

These Terms constitute the entire agreement between you and Union Yoga Studio with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Union Yoga Studio.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck from these Terms and the remaining provisions shall remain in full force and effect.

18. Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Union Yoga Studio.

19. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:

If to Union Yoga Studio:

Union Yoga Studio LLC - 4020 Powell Rd, Powell OH 43065

If to you:

To the address you provided to Union Yoga Studio.

20. Electronic Signatures

You agree that your electronic signature on these Terms shall have the same legal effect as your manual signature.

21. Contact Us

If you have any questions about these Terms, please contact us at:

Union Yoga Studio LLC - 4020 Powell Rd, Powell OH 43065