TERMS OF SERVICE

By purchasing any of The Well Studio Yoga, LLC’s, dba “The Well Studio” (hereafter referred to as “Company”, “The Well Studio”, “The Well Studio facilities” or “The Well Studio staff”) Classes, you agree and consent to the following legal terms and conditions that govern your use of the Program and that form a legal agreement between you and the Company, its affiliated subsidiaries and related entities. The term “you” refers to any purchaser and/or user of any of our Classes and/or Services (hereafter “Classes”, “Services”, “Activities”).

By using any of our Classes and Services you are agreeing to the Terms of Service as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Service, please do not use our Classes and Services.

CHANGES TO TERMS OF SERVICE

We reserve the right to amend or update these Terms of Service at any time with or without notice to you, and may also add new features or functionality to, or change or remove existing features or functionality from, the Service that will be subject to the Terms of Service. Any participant who continues to use the Service after any changes are made will be deemed to have agreed to those changes. By accepting these Terms of Service, you acknowledge that you have read them carefully. The Well Studio retains complete control over all matters affecting or relating to its members or memberships, including but not limited to any documentation or information that may be required of members or guests such as proof of joint financial obligations, co-habitation, familial/guardianship status, age, or residency.

The Terms may be revised at any time by updating this posting. By using the Website or App, by buying The Well Studio classes, registering for classes, booking a space, buying merchandise, and/or using and attending The Well Studio, you agree to be bound by any such revisions. Class attendees and community members are encouraged to check this document periodically to stay informed of current guidelines.

ASSUMPTION OF RISK

You hereby assume all risks of participating in all Activities at The Well Studio or in any events sponsored by the Company, whether on or off the Company premises, including but not limited to, any risks that may arise from the negligence or carelessness of Company, instructors, any subsidiaries, affiliates, directors, officers, employees, partners, contractors, agents, representatives, volunteers, successors and assigns. You further agree and acknowledge that your participation in any and all activities at The Well Studio or in any events sponsored by the Company are done voluntarily and in acknowledgement of the potential risks involved.

You agree that you are personally responsible for your safety and actions while using The Well Studio facilities. You agree to comply with all The Well Studio policies and rules, including but not limited to all The Well Studio policies, guidelines, signage, and instructions.

PHYSICAL CONDITION/MEDICAL AUTHORIZATION

You acknowledge that the Classes require physical exertion and that You are physically and mentally fit to participate in such Activities. You further acknowledge that the Activities may be potentially hazardous and/or cause injury. You further agree that You are solely responsible for Your emotional wellbeing both during and after each class or event. If You are under the care of a medical doctor and/or mental health professional, You represent and warrant that You have made members of my care team aware of my intended participation in the Activities and they have approved of the same. You further represent and warrant that, You will adhere to the prescribed medication plan, if any. You further understand and acknowledge that it is your sole responsibility to consult with a physical or other health care provider prior to participating in such Activities.

You represent and warrant that You are physically well and are suffering from no medical problems, conditions, impairments, diseases, or any other illness that would prevent your participation or increase your risk of injury and/or illness as a result of partaking in the Activities offered by The Well Studio. You acknowledge that there are inherent risks associated with participating in activities in a hot environment, including but not limited to heat exhaustion, dehydration, and fainting. You voluntarily assume these risks and release The Well Studio from any liability for heat-related injuries.

In consideration for permitting me to engage in activities at The Well Studio, You agree for yourself, your representatives, administrators, executors, heirs and assigns as follows:

(i) At the beginning of each practice, it is your sole responsibility to inform any instructor(s) of any injury or physical limitation, and to immediately inform any instructor(s) should any injury occur during class.

(ii) You understand that physical adjustments may be made during class and You agree and acknowledge that it is your sole responsibility to refuse any adjustments and that an injury could occur by performing these adjustments and recommendations.

(iii) You understand and agree that it is your sole responsibility to inform the instructor(s) should an adjustment become uncomfortable and/or is causing pain.

You understand and acknowledge that the class(es) and activities are expressly not for the purpose of diagnosing, treating, mitigating, preventing or curing any mental or physical health condition.

If in the subjective opinion of the The Well Studio staff, you would be at physical risk using The Well Studio Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish The Well Studio with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing The Well Studio concerns and stating that The Well Studio concerns are unfounded.

COVID-19/CORONAVIRUS

You acknowledge that due to the contagious nature of COVID-19, You hereby assume all risks that You may be exposed to or infected by COVID-19 by attending and participating in any Class(es) and Activities at the The Well Studio facilities You acknowledge and understand that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at The Well Studio may result from the actions, omissions, or negligence of myself and others, including, but not limited to, instructors, employees, volunteers, and other participants. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself or your family and others that You may become in contact with.

You waive, release, discharge and otherwise hold harmless Company and its instructors, staff, employees, affiliates, volunteers, successors and assigns from any and against any and all liabilities, claims causes of action and losses in connection with COVID-19 including but not limited to death, disability, personal injury, mental harm, or any other damage or actions of any kind which may arise from or in any way relate to your attendance at and/or participation in the class(es), whether a COVID-19 infection occurs or I come into contact with someone who has contracted COVID-19 before, during or after my participation in any class(es) and/or events held by Company.

The Well Studio shall do everything we can to maintain a sanitary environment, equipment and facilities. However, due to the contagious and asymptomatic nature of COVID-19, Company makes no guarantees of any kind, expressed or implied, regarding the presence of COVID-19 at in its facilities.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using The Well Studio Studio to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Waiver of Liability shall be governed by and construed in accordance with California law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Waiver of Liability as a whole. This waiver remains in effect until California lifts all COVID-19 related mandates.

RELEASE OF LIABILITY

You waive, release, discharge and otherwise hold harmless Company and its instructors, staff, employees, affiliates, volunteers, successors and assigns from any and against any and all liabilities, claims causes of action and losses including but not limited to death, disability, personal injury, mental harm, property damage, property theft or any other damage or actions of any kind which may arise from or in any way relate to my attendance at and/or participation in the Activities and/or Class(es).

This Waiver and Release of Liability includes but is not limited to, all injuries which may occur as a result of:

(i) Use of any and all amenities and equipment belonging to the Company;

(ii) Participation in any and all activities, classes or personal or private sessions including one-on-one and smaller group sessions;

(iii) Any instructions, trainings, supervisions or physical recommendations made by Company and its instructors and volunteers;

(iv) Any physical adjustments received during any and all classes, activities and private sessions;

(v) Any accidental injuries which may result in slipping and falling in the Company premises, sidewalks, parking areas and all other areas which are under the direction and control of the Company.

You agree and acknowledge that Company and its instructors, staff, employees, affiliates, volunteers, successors and assigns shall not be held liable for any property damage or loss of personal belongings during my participation in such Activities and Classes.

You acknowledge and agree that the Company, instructors, any subsidiaries, affiliates, directors, officers, employees, partners, contractors, agents, representatives, volunteers, have made no warranties, representations or guarantees of any kind, expressed or implied, regarding the results that may be achieved, if any, from your participation in the class(es).

MINOR AGREEMENT AND USE

If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. The Well Studio accepts the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18. Registration of a minor is permitted for The Well Studio classes only and must be completed in person at one of our studios with a parent or guardian. Minors who are at least 12 years of age, meet the minimum height requirement of 4’ 11”, who have submitted a Minor Waiver Form signed by a parent or guardian, may sign up for The Well Studio classes online.

If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. The Well Studio does not accept the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18. Registration of a minor is permitted for The Well Studio classes only, and must be completed in person at one of our studios with a parent or guardian.

CHILDCARE / MINOR MEMBERSHIP

SPONSORING MEMBERS MUST BE 18 YEARS OR OLDER, MUST STAY ON SITE, AND MAY NOT CHECK ANOTHER’S CHILD IN OR OUT OF THE STUDIO.

ACKNOWLEDGMENT AND ASSUMPTION OF RISK OF INJURY TO CHILDREN

You understand and agree that there are risks of significant injury to the Children, whether caused by the Children or someone else, in their use of or presence on The Well Studio’s premises. You understand and agree that these risks of injury include, but are not limited to, slips, trips, falls, collisions, thefts, equipment failure, or other such accidents or incidents that may result in injury, harm or damage including, but not limited to, economic, property, emotional, mental, physical or any other type of damage including, but not limited to, sprains, torn muscles or ligaments, broken bones, stroke, heart stress, heart attack, paralysis, disfigurement, death, or other forms of pain or suffering. On my own behalf, and on behalf of each of the minor Children above, You fully understand, voluntarily accept, and specifically assume these risks of injury to the Children.

WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT FOR MINORS

On my own behalf, and on behalf of each of the minor Children above, You agree to release and discharge from all liability, and waive all claims, demands and actions against, The Well Studio Yoga, LLC dba The Well Studio, and its owners, operators, subsidiaries, affiliates, employees, agents, vendors and volunteers (collectively, “ The Well Studio”) for any and all injuries, harms or damages sustained by any of the Children in connection with their use or presence on the premises, or their use of facilities, services, programs or activities within or outside its studios, resulting or arising from the negligent acts or omissions of The Well Studio, or the negligent acts or omissions of me, any of the Children, other members, guests, visitors or other persons on the premises. I agree to defend, indemnify and hold The Well Studio harmless against any and all claims brought by anyone against The Well Studio related to such injuries, harms or damages.

SPONSOR RESPONSIBLE FOR SUPERVISION, MEDICAL DECISIONS WHILE ON PREMISES

As You are the Sponsoring Member, You agree that You will supervise the Children in accordance with The Well Studio policies and will be responsible for their conduct at all times while they are on the premises. In the event the Children are involved in an accident or incident that requires medical attention, You agree that as the Sponsoring Member You will be responsible for making all decisions related to medical and survival procedures for the Children including, but not limited to, decisions about medical care, the administration of drugs, the performance of life-sustaining procedures, and transportation and admission to any hospital, health studio or medical clinic.

By acknowledging that by agreeing to this Agreement, You certify that You have thoroughly read, fully understand, and voluntarily accept and agree to its terms.

CANCELLATION AND FREEZE OF MEMBERSHIP

New members have a right to cancel this agreement within the first 5 days of joining; no up front monies will be refunded for cancellation notices received after the first 5 days. We permit you to suspend or terminate your membership under certain circumstances, upon advance written notice.

To freeze (suspend) account(s) you agree to submit your request to your “home” studio thestudio@thewellstudioyoga.com, at least 14 days before your monthly renewal date. The freeze period must be clearly communicated and will only be frozen per calendar month, for a maximum of 1 month(s); normal membership fees will automatically reactivate at the end of requested period. Period freezes are not negotiable by week and/or day of month. If you wish to reactivate / unfreeze your membership before freeze cycle is ended, you must email your “home” studio and authorize payment for the balance of your current monthly fee (i.e. regular dues). Members who wish to access the Studio while the account is frozen will be responsible to pay The Well Studio drop-in class rates.

A member may terminate the membership for any reason upon advance written notice, 15 days prior to 1st of termination / last month, to The Well Studio as provided in our membership agreement with you. To provide written notice of termination, you must send a letter request via e-mail to your “home” studio (thestudio@thewellstudioyoga.com). We do not accept termination requests by phone, fax, DM, Social Media, or without written notice.

Notices received after this period will not be refunded. Existing account balances-including last month’s due (if applicable) must be paid before account is effectively terminated and monthly billing is concluded.

MEMBERSHIP SUSPENSION OR TERMINATION BY The Well Studio

We reserve the right to suspend or terminate your membership, or any member on your membership, at any time for a failure to comply with these or any of our other rules, regulations, procedures or policies (which may be amended as necessary), Team Member directions, or for conduct we determine to be improper or contrary to our best interests or the best interest of our members, as determined by us at our sole discretion.

CANCELLATION OF CLASSES AND RETURNS/REFUNDS POLICY

In order to cancel a reservation in a The Well Studio class and return it to your account, you must cancel 2 hours before the class is scheduled to start. Once your reservation is cancelled, if applicable, the class will be added back to your account; the class(es) are not refundable.

If you haven’t cancelled 2 hours before the class starts, a cancellation fee applies. For unlimited monthly clients who cancel within the 2-hour window, the penalty is $7. If an unlimited client fails to late cancel and is a no-show, the charge is $15. For clients with packages, a late cancellation or no-show results in the loss of a class from their package.

You can cancel your reservation in the following ways:

Log into your account on the Website or the App, and, next to the class you wish to cancel, press “Cancel”.

You have the right to cancel your purchase of The Well Studio classes. Your right to do so may vary depending on the applicable laws in the state of California. As a result, please review the relevant state-specific terms and conditions. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase.

The Well Studio will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation. Clients and community members shall have the option to receive the refund either to the original method of payment or The Well Studio store credit.

The Well Studio / Personal Trainer reserves to right deducted late cancellation session(s) for client’s personal training sessions. Client agrees to be financially responsible for and pay Trainer’s session rate in the event prepaid sessions are unavailable to be deducted from account because of late cancellation session(s). Client hereby, permits The Well Studio to charge the billing account on file with The Well Studio.

PURCHASE POLICY

Membership

To terminate a membership, you must provide advance written notice to The Well Studio in accordance with your General Terms Agreement. You may provide written notice of termination by email (certified mail recommended – return receipt requested) to The Well Studio; or as otherwise permitted by The Well Studio. If you do not provide timely advance written notice, you must continue to pay monthly membership dues and will continue to have studio access.

Merchandise

Merchandise in like new condition with original packaging and tags may be exchanged or returned for a full refund up to 14 days from the original date of purchase. Proof of purchase is required. Food and beverage items, and items considered intimate in nature are not eligible for return.

In order to make a reservation, you must either first download the The Well Studio App found on the website and create login credentials.

Provided cancellation policy is observed, classes do not expire once reservation is confirmed. You cannot redeem your class for cash and you cannot transfer class to another client and/or member. Class package expiration dates are listed on your purchase receipt and under your account in the The Well Studio app.

Future class prices are subject to change, but The Well Studio will honor your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, and American Express. We do not accept cash payments for class sessions at The Well Studio and prefer that all transactions are made directly through our mobile app. You can reserve classes online up to 14 days in advance but not later than 1 hour prior to class time.

Your credit/debit card will be charged for your order when you buy your class or series of classes. The Well Studio will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that The Well Studio may incur in its efforts to collect any unpaid balances from you. Please note, however, that your right to cancel classes does not apply to gift cards, donation based classes / events, and are subject to The Well Studio’s review cancellation and fair practice policy.

Members

Primary Member. The designated Primary Member is the person purchasing the membership. The Primary Member may exercise the following rights: cancel the entire membership, change the Monthly Payment Method, add or subtract Additional Members, authorize users, correct or update membership information, obtain his or her own membership information, and make payments on the membership. Secondary memberships are not allowed. Minor Members are not permitted class memberships at our studio.

Personal Training

Our personal training services include instruction, coaching, advice, lessons or demonstration concerning physical exercise, physical fitness, exercise strategies, specific to Pilates, yoga, yoga sculpt, and any related format (“personal training”). Personal training services are available to members, for a fee per session, upon completion of a Fitness Program Agreement.

No Personal Training by Members or Guests. You may not solicit or conduct on the premises any personal training as defined above, with or without compensation. The Well Studio retains sole discretion to determine whether a member or guest is engaged in personal training.

All training sessions must be purchased by the client prior to beginning their session. If the sessions are not purchased before the first session starts, the trainer may refuse to start the session.

Once the sessions have started, the remaining balance will not be refunded in event the trainer or the client decides to leave The Well Studio. The client may complete the sessions with another trainer, if the trainer has resigned or has been terminated, or transfer them to another client/member of The Well Studio if the client participating in the sessions leaves The Well Studio. If the client needs to cancel the scheduled personal training session, the client must do so 12 hours in advance.

By using the Mariana Tek website or App, purchasing a The Well Studio class, registering for a The Well Studio class, booking a spot, purchasing merchandise, and/or using or attending a The Well Studio class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website or App, purchasing a The Well Studio class, registering for a The Well Studio class, booking a spot, purchasing merchandise, and/or using or attending a The Well Studio class.

CHANGES TO CLASS SCHEDULE

The Well Studio reserves the right to modify the class schedule without notice, and refuse service at our discretion.

PAYMENTS AND FEES

Dues Payments.

We collect monthly membership dues, including junior dues by services by electronic fund transfer from the designated bank account or credit or debit card on file for your Monthly Payment Method (“Monthly Payment Method”). If we are unable to successfully draft payments from your Monthly Payment Method when due, we will continue to attempt collection thereafter. The Well Studio may use services made available by card issuers which automatically update your card information and prevent disruptions due to account changes, such as an expired or reissued card. You may opt-out of this service at any time by contacting your studio. We are not responsible for overdraft fees. We do not issue regular monthly invoices. Your transaction history may be found in the app, or by contacting your “home” studio (thestudio@thewellstudioyoga.com). To establish your membership, you must provide a Monthly Payment Method. In special circumstances, however, you may avoid a forthcoming monthly dues electronic funds transfer by providing an alternate method of payment to the studio at least three (3) business days prior to the last day of the month (The Well Studio reserves the right to discontinue this option at any time.) To change your designated dues-paying account, please utilize the The Well Studio app or contact your “home” studio at thestudio@thewellstudioyoga.com. Dues, fees, costs and other charges are subject to change by The Well Studio at any time without notice, unless otherwise required by law. In the event of a change in any amount charged, The Well Studio may provide any notice required by law by regular mail, text, or by email to the address(es) associated with the membership. Membership dues are NOT determined based on member’s use of Studio services, and cannot be renegotiated based on times used or perceived use during a calendar month and/or year.Your continued membership with The Well Studio constitutes your agreement to pay The Well Studio fees, including specifically its fees for late and or invalid payments.Late or Non-Payment(s) – You may be charged fees related to late or non-payment(s) if for any reason we do not receive payment for our goods or services by the due date or you pay less than the full amount owed for our goods and services.

LATE FEES / INVALID PAYMENTSRight to Implement or Change Fees. We reserve the right to implement or change fees or other charges at any time, unless otherwise required by law. We may provide any notice required by law by regular mail, text or by email to the address(es) associated with the membership.Membership Changes and Information - Subject to applicable restrictions, you may make changes to or obtain information about your membership after you have joined The Well Studio, such as changing your Monthly Payment Method. You must make membership changes or request membership information by email to thestudio@thewellstudioyoga.com, or via the app.

We may charge a membership change fee to make changes to your membership as disclosed in our Fee Schedule – including changes such as level or access upgrades and member add-ons (for applicable accounts). We may collect service fees on or about the date you make the membership change, or on the next scheduled draft from the designated bank account or credit or debit card on file for your membership. Fees are subject to change by The Well Studio at any time. To make a change to or obtain information about your membership, please email thestudio@thewellstudioyoga.com.

Generally, members may make changes or obtain information about a membership as follows:

Members may not obtain membership information upon request, other than as provided above. Specifically, without valid legal process, members or guests may not obtain other private, confidential, privileged and/or proprietary internal business information, including but not limited to incident reports, video surveillance footage, or membership-related photographs. We reserve the right to disclose such information in our sole discretion to aid the law enforcement process or as otherwise required or permitted by law.

FITNESS FLOORYou must be at least 12 years old to enter the fitness floor. You must follow all safety procedures for equipment use, including but not limited to, utilizing appropriate weight sizes. If you have any questions about equipment use, please see a The Well Studio instructor to familiarize yourself with its use.

Equipment Reservation can be done through The Well Studio App. You must honor all signs on equipment, including notices that the equipment has been reserved (e.g., for group or class use) or is out of service for maintenance.Equipment In Disrepair. If you notice that any equipment is in disrepair, do not use it. Please report it immediately to a The Well Studio Team Member. We are not responsible for injuries sustained while using equipment, even in the event of equipment failure, malfunction or disrepair.Personal Items. Unless otherwise permitted (e.g. towels and water bottle) you may not bring or set bags, clothing, food, laptops, cellphones, or other items on the equipment or fitness floor.

Fitness Floor Etiquette. Please turn off, return or replace equipment to its original condition and location when you are not using it, even temporarily. Please wipe down equipment with sanitary spray before and after use. Out of consideration for other members, avoid talking on cell phones once inside the studio.

CODE OF CONDUCTWe strive to uphold a family-oriented environment. As such, we expect proper and respectful conduct on our premises at all times. We do not permit disrespectful conduct toward our members, guests, employees (“Team Members”), vendors, or property, including but not limited to: vulgar, profane, indecent, offensive, violent, hostile, aggressive, threatening, harassing, stalking, fraudulent, or other inappropriate conduct or communications.

STUDIO EQUITTEFor the comfort of all members, we ask that you follow our club courtesy guidelines:

Classes are reserved and paid for in advance through our online booking system and custom app. All reservations must be confirmed.
If you cannot attend class, please cancel your class in a timely manner to allow waitlisted clients the opportunity to take class.
Please, no cell phones in the studio room. We ask that you stash your cellphone in your bag or cubby out of respect for fellow patrons and the instructor and to limit distractions.
Please introduce yourself to your instructor before class and let them know if you have any injuries that may affect your workout.
Please arrive to class early out of respect for fellow patrons and the instructor, and to limit distractions.
Please stay the entire duration of class out of respect for fellow patrons and the instructor.
Safety is crucial, please follow the queues given by our trained instructors and take necessary modifications - listen to your body.
We use hands-on adjustments to ensure proper form and safety. Please notify your instructor prior to class start if you would not like to receive hands-on adjustments.
While we love our community’s young and furry ones, unattended children and pets are not permitted inside the studio while class is in session.
Please help us maintain a clean environment, clients are responsible for spraying and wiping down their equipment after class. Spray will be found in the cubby room.
Without prior approval from our staff, you are not permitted to film or photograph our class during the workout.

GENERAL HYGIENEWe expect you to uphold general personal hygiene and refrain from excessive use of scented oils, lotions, colognes, perfumes or other fragrances out of respect for other members and any fragrance or chemical sensitivities. It is also expected that you refrain from or avoid smelling of smoke or other fragrant substances upon entry or use of the premises.WEAPONSYou may not bring or use weapons of any kind on the premises for any reason.PROPER ATTIREYou must wear proper attire at all times, unless noted in a specific area or as appropriate for a specific activity or class.

PERSONAL BELONGINGS

Keep large workout bags, backpacks, coats and personal belongings in a cubby. The Well Studio does not and will not hold personal items for its clients and members, and as such we bear no responsibility for items left unattended and/or not recovered by members/clients before he/she leaves our facility. Items left here at the facility will be placed in lost in found. Our Lost and Found is not secure and is open to the public, therefore any items stored are subject to be taken by anyone that accesses the Lost and Found bin.

MEDIA RELEASE

You agree, consent, grant and authorize the Company to use any photography, video(s), and/or audio taken or recorded during any Activities and/or Classes, in whole or in part in connection with any advertisement or promotional products and or services, including print or web-based publications. You further grant Company the right to publish, exhibit and distribute the use of such photographs, videos and/or audio, for any commercial purpose, including but not limited to the advertising or solicitation of business, by any means of mass and/or electronic media, including but not limited to print, digital, promotional materials, events and/or marketing plans, now or at any time in the future (“Commercial Use”).

You agree and claim no rights to any publications, photographs, videos, audio recordings, reproductions, or promotional tools, and all rights to such materials belong to Company, and further waive the right to inspect or approve any such material.

DRUGSYou may not use, smell of, possess, or sell any illegal drug on the premises, including but not limited to anabolic steroids or other illegal growth-enhancing substances. You may not use our equipment, services or programs while under the influence of illegal drugs. You should not use, or should stop using, any equipment, service or program if your prescription medication adversely impacts or influences your ability to safely use our equipment or participate in our programming.

SMOKINGYou may not smoke, chew or use any other tobacco or electronic cigarette products on The Well Studio’ premises including any outdoor areas (e.g., sidewalks or parking lot)

STUDIO CLOSURE OR ACCESS RESTRICTIONS

We reserve the right to close or restrict access, without advance notice, to any area of or the entire studio or premises for any reason, including but not limited to closures or restrictions related to construction, remodeling, repair, or maintenance (whether planned or unplanned) or for health or safety reasons, including but not limited to weather, natural disasters, power outages, and medical issues. Updates on such closures will be emailed, texted and/or posted with the Studio. Your obligation to pay membership dues is not dependent upon usage, availability, or access to the studio and is further subject to your Terms and Conditions Agreement.

ILLNESS

You may not enter the premises if you have a contagious illness that may be transferred through ordinary use of our equipment, services, or programs. You must cover exposed lesions or rashes and follow all posted signs and applicable rules or laws.

ANIMALSYou may not bring any animal on the premises unless it is a service animal performing its duties in the care of a person who requires its assistance or is an on-duty law enforcement animal (“exempt animals”). All exempt animals must be licensed, vaccinated and have identification tags (where applicable); must remain leashed or caged, and under a non-The Well Studio’s responsible person’s control at all times; and must be removed immediately if it causes a disturbance, interrupts the work of others or poses a health or safety risk to those who are exposed to it. The animal’s owner must promptly remove animal waste and is liable for any damage caused by the animal.

DAMAGE TO STUDIOYou may not damage the studio in any way, including but not limited to any damage to, or theft of, exercise equipment, towels, supplies, or other studio property. If you, or a guest damages the studio, you are liable and must pay for the damage caused and your membership may be terminated.

RESERVING SPACE OR EQUIPMENTYou have the ability to reserve a space on the floor via The Well Studio (Mariana Tek) app.Please arrive within 5 minutes of the start of class. After that, your reservation will be released and made available to those on the wait-list.The instructor will communicate any equipment needs for the class prior to class starting.

We request that you arrive for class a few minutes early to prepare your space and check-in.• The warm up at the outset of the class is an important part of the work out. If you arrive late, please enter the class quietly and appropriately.• Because classes are designed as group activities, you should follow the instructor’s routines or instructions, consistent with your personal abilities and limits.• You must wait for a class to conclude before entering the studio to prepare for the next scheduled class.• Please wear attire appropriate for the class. After class, please wipe down and return all equipment to its proper place.• Only The Well Studio Team Members may operate the stereo and lighting equipment.• Proper Attire: Leggings are ideal and if shorts are worn, we recommend wearing compression shorts underneath. You may not wear shoes, perfumes, or heavy jewelry.

PRIVACY

You acknowledge and agree that upon agreeing to Company’s Terms of Service, you are agreeing to Company’s Privacy Policy. Please review Company’s full Privacy Policy https://www.thewellstudioyoga.com/privacy-policy for how we use and handle all of your information as well as your rights to such information.

TERMINATION CLAUSE

You may cancel your contract in any of the following circumstances.

If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, The Well Studio will refund you the purchase price of your unused class or classes.

If you die, The Well Studio will refund your representative the purchase price of your unused class or classes.

If The Well Studio stops offering classes indefinitely, you may cancel your purchase.

ARBITRATION NOTICE

These Terms of Service require that dispute between you and Company will be resolved by binding, individual arbitration on an individual basis, rather than jury trial, and limit the remedies available to you in the event of a dispute. You understand that you waive your right to participate in a class action lawsuit or class-wide-arbitration and that you are waiving certain other legal rights and you are voluntarily agreeing to do so.

DISPUTE RESOLUTION

It is the intent of Company that should any differences arise, we could work them out amicably through written correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at thestudio@thewellstudioyoga.com and include all of your reasons for dissatisfaction with the services provided. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Membership cost. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.

By purchasing our Classes and/or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within (1) year of the date of your correspondence referenced above or you waive the right to seek dispute resolution by arbitration or take any other legal action.

You also agree that should arbitration take place, it will be held in Santa Barbara, California and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Classes or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If any terms of these Terms of Service are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

GOVERNING LAW

These Terms of Service shall be governed by the laws of the State of California, regardless of the conflict of laws principles thereof.

TERMS OF SERVICE FOR MOBILE SERVICES

Your use of The Well Studio’s mobile message service (“Mobile Service”) constitutes your agreement to these additional terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to The Well Studio’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of The Well Studio’s through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Mobile Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include specials, cart abandonment, promotions, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with The Well Studio’s. Your participation in this program is completely voluntary.

We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Mobile Service at any time. Text the single keyword command STOP to +18055315160 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other The Well Studio mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.For Mobile Service support or assistance, text HELP to +18055315160 or email your home studio at thestudio@thewellstudioyoga.com.

We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.

To see how we collect and use your person information, please see our Privacy Policy.

Warranty Disclaimer and Limitation of Liability

In no event will The Well Studio be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, your purchase of The Well Studio classes, your rights to cancel your purchase of The Well Studio classes, your registration for classes, your purchase of merchandise, your communication with The Well Studio, and your use of and attendance at The Well Studio’s studios, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if The Well Studio expressly advised of the possibility of such damage.

All information, goods, services, products and experiences are provided by The Well Studio on an “as is” basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. The Well Studio provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

Acceptance of Terms

By using the Website or App, by buying The Well Studio classes, attending classes, and/or buying merchandise, you signify your acceptance of the Terms and Conditions. Occasional changes may be made to this document to reflect changes in The Well Studio’s policies. These Terms and Conditions may be revised at any time, in our sole discretion, by updating this posting, and you agree to be bound by any such revisions. We encourage you to check this document periodically to stay informed of our current guidelines. If we modify material terms to these Terms and Conditions, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may be via email, posted notice on the Website or App, or other manner. Your failure to cease use of the services after receiving notification of the modification will constitute your acceptance of the modified Terms and Conditions.

PRIVACYYou acknowledge and agree that upon agreeing to Company’s Terms of Service, you are agreeing to Company’s Privacy Policy. Please review Company’s full Privacy Policy (HERE) for how we use and handle all of your information as well as your rights to such information.

YOU ACKNOWLEDGE THAT YOU HAVE READY THIS DOCUMENT IN ITS ENTIRETY AND FULLY UNDERSTAND IT’S CONTENT. YOU ARE AWARE THAT THIS AGREEMENT CONTAINS A WAIVER AND RELEASE OF LIABILITY. You represent and warrant that You are signing this document freely, willfully and not under fraud or duress, and understand its content and cannot be modified orally.

TERMS OF SERVICE FOR MOBILE SERVICES

Warranty Disclaimer and Limitation of Liability

Acceptance of Terms

The Well Studio

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