THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND BALANCED LIGHT YOGA BY AMANDA KAPLAN (“WE,” “US” OR “COMPANY”), THE OWNER AND OPERATOR OF THE BALANCED LIGHT YOGA WEBSITE (THE “SERVICES”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PRIVATE YOGA CLASSES SERVICES. BY ACCESSING AND USING THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES. THE COMPANY RESERVES THE RIGHT TO AMEND OR CANCEL THIS AGREEMENT AND CEASE PROVIDING YOU ACCESS TO SERVICES AT ANY TIME, FOR ANY REASON.
By signing up for an Account (defined below) to use the Services, you represent, acknowledge, and agree that you are at least 18 years of age.
1 – CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY
1.1 – Changes to the services
Company may add to, change or remove any part of the Services, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 – Personal Information/Privacy
You agree to provide accurate, current, and complete information as required for the use of the Services. Company reserves the right to block further access to the Services to you if you provide false, inaccurate or incomplete data. You acknowledge that Company uses a third party payment processing service to process orders and bill fees to your credit card. Company’s Privacy Policy, located at the URL: https://www.yogabeyondthestudio.com/privacy-policy (the “Privacy Policy”), explains how your personally identifiable information is collected, used and disclosed. You hereby agree that we may use your personal information in accordance with the terms of the Privacy Policy.
2 – USE OF SERVICES
2.1 – Payment and Pricing
You understand that by agreeing to purchase yoga sessions provided by BALANCED LIGHT YOGA through the Services at the prices advertised in the Services, you authorize us to charge your designated credit card on file in your Account (or a secondary credit card or payment method, if the designated credit card payment fails) for the associated fees for those services (the “Charges”). After each Charge is made to your credit card, you will receive a receipt via the email address in your Account. Instead of paying for sessions directly, we offer for sale credits for sessions (each a “Credit”) that may be redeemed at a later date. All sales for Credits are final and nonrefundable; we may offer Credits for sale at varying prices, in varying packages and at varying times, and you agree (i) that changes in prices or offers from time to time will not affect your or our rights in previously purchased Credits, or entitle you to a refund of any kind and (ii) you agree to purchase the Credits on the terms advertised in the Services at the time of purchasing the Credits.
2.2 – Refund/Cancellation/Rescheduling Policy
You may reschedule a session to a later date by providing at least twenty-four (24) hours’ notice through the Services. Alternatively, you may request a cancellation request for your class by emailing balancedlightyoga@gmail.com with at least seventy-two (72) hours notice. For your cancellation request to be valid, you must specify the date and time of your appointment from the same email you used to schedule your Service. Such cancellation will result in a refund associated with that session. If you cancel a session with less than forty-eight (72) hours’ notice, you will not be entitled to a refund of any kind. To avoid abuse of our services and out of respect, if you cancel or reschedule four (4) or more sessions (except for cancellations for a Justified Reason, as defined below), with or without seventy-two (72) hours’ notice, in any twelve (12) month period, we may terminate your rights to use the Services without monetary refund for any unused Credits.
The class may be cancelled and the Credit associated with that session will be forfeited for any of the following reasons:
(a) All participants are more than ten (10) minutes late to the session, we ask that all class participants arrive to the appointment no later than 10 minutes before the class start time;
(b) The number of participants in the class exceeds the maximum number of participants allowed by the booked class type;
(c) Any of the class participants are unwilling and/or unable to e-sign the waiver of liability.
Not withstanding the foregoing, if you decide to cancel a session for a Justified Reason (as defined below), and we determine that the circumstances qualify as a Justified Reason, you will receive a Credit for the cancelled class. A “Justified Reason” means any time a student cancels a session for any of the following reasons:
(d) The Teacher is more than ten (10) minutes late to a session;
3.4 – Payment Methods
Company accepts credit card payments only. You agree to pay all fees charged to your account based on Company’s fees, charges, and billing terms in effect as shown on the payment page when you confirm any purchases through the Services. All sales and payments will be in US Dollars.
3.5 – Identification
You agree that BALANCED LIGHT YOGA may require you to present identification confirming that you are the Account holder of the Account that requested the session, and that failure to provide required identification may result in BALANCED LIGHT YOGA cancelling the session and your loss of payment or credit for that session. Further, BALANCED LIGHT YOGA may require any of your invitees in a group session to provide identification prior to accepting their liability waivers required for participation in the group session.
3.6 – Your Conduct
You agree not to use the Services for any purpose other than to request, schedule and pay for yoga sessions from BALANCED LIGHT YOGA. You agree not to cause any nuisance, harass BALANCED LIGHT YOGA, or otherwise act offensively towards BALANCED LIGHT YOGA. Failure to conduct yourself as required by this Agreement may result in BALANCED LIGHT YOGA cancelling the session and your loss of payment or credit for that session and may result in us terminating your access to the Services without refund.
3.7 – Contact with You
You agree that we may contact you about your use of the Services through (i) the Services themselves, (ii) your email address on file, (iii) your mobile phone number on file (via text message or phone call, including automatic phone calling systems), and (iv) any other contact information you have provided to us. Notwithstanding the foregoing, you may opt out of receiving text messages from us at any time by requesting to opt out through the Services.
3.8 – Device
You shall be solely responsible for having a mobile device or other digital device compatible with the
Services (a “Device”), and for any payments or fees required to keep the Device operational (including internet access and associated data usage fees). We reserve the right to modify the compatibility requirements for Devices to access the Services in our sole and absolute discretion.
3 – PROPRIETARY RIGHTS
You hereby acknowledge and agree that Company or its licensors own all legal right, title and interest in and to the Services and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Services and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
BALANCED LIGHT YOGA BY AMANDA KAPLAN is a trademark of Company in the United States. Other trademarks, names and logos on the Services are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on the Services, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Company, Copyright ©2024 Balanced Light Yoga by Amanda Kaplan. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
4 – General Terms
Company may issue a warning, temporarily suspend, indefinitely suspend or terminate your right to use or access all or any part of the Services including any account thereon, without notice, for any reason in Company’s sole discretion, including without limitation breach of this Agreement, Company’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to Company or another user of the Services. This Agreement and the Privacy Policy constitute the entire agreement between you and Company regarding its subject matter. Company will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. This Agreement is only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified Company Party shall be a third party beneficiary hereunder. Company may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. You may not assign or otherwise transfer your rights, or delegate your performance, under this Agreement to any third party without in each and every case, Company’s express prior written consent. All terms which by their nature are intended to survive any termination of this
Agreement, or any termination of your use of the Services or Content shall survive such termination.