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Terms and Conditions 

GENERAL

These Terms and Conditions are a legal contract between you and The

Village Yoga + Movement and govern the use of The Village Yoga + Movement (collectively the “Studio, Studios, or Facilities”), Website, www.villageyogamovement.com (the “Website”), and software application (the “App” through Mariana Tek). By accessing, browsing, or using The Village Yoga + Movement Facilities, Website and/or App, you expressly agree to be bound by these Terms and Conditions. The Website and App are owned and operated by The Village Yoga + Movement and contain material which is derived in whole or in part from The Village Yoga + Movement and other sources. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Website and/or App.

REGISTRATION, ACCOUNTS, AND PRIVACY

Account Creation: All clients must create an account and acknowledge these Terms & Services before booking classes, making purchases, or accessing certain portions of the Website or App. By registering, you confirm that you are at least 18 years old or have parental consent if under 18. You must be at lease 16 years of age to attend a heated class at The Village Yoga + Movement and have parental consent. You agree to provide accurate information and update it as necessary. The Village Yoga + Movement reserves the right to suspend or terminate accounts with false or misleading information.

The Village Yoga + Movement will collect some personal information through the creation of said account, such as your name, address, telephone number, email address and birth date. Any personally identifying information received by The Village Yoga + Movement must be voluntarily submitted by you, the user. You are responsible for ensuring all personal information is accurate and up to date.

If you register to use the Website and/or App, you are responsible for maintaining the confidentiality of your account, including but not limited to your username and password, and for restricting access to your account on computers and/or mobile devices. You agree and accept responsibility for all activities that occur under your account, username, and password.

By accessing the Website or App, creating an account, registering for classes, packages and memberships and sending electronic communications to The Village Yoga + Movement through the Website and/or App, you consent to receive electronic communications from The Village Yoga + Movement. The Village Yoga + Movement will communicate with you by email, text message, or by posting notifications on the Website or App. You understand and agree that all agreements, notices, disclosures, and other communications that The Village Yoga + Movement provides electronically satisfy all legal requirements that communications be in writing.

We may use, or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information
  • To provide, support and/or personalize our Website, App, products, and/or services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.

We reserve the right to amend this privacy policy at our discretion and at any time. Our current effective policy will be accessible via our website reflecting the effective date. Your continued use of our Studios/Facilities, Website or App following the posting of changes constitutes your acceptance of such changes.

Personal Information & Privacy: We comply with applicable data protection laws, including but not limited to in the state of Indiana. If required by law, we will notify you in the event of a security breach involving your personal information. We retain your account data for as long as necessary to provide services, comply with legal obligations, and maintain historical recordkeeping. We do not sell or share your information with third parties except as required by law or with your consent. The Village Yoga + Movement will never sell your information to third parties.

PURCHASES, MEMBERSHIPS, AND CREDITS

Recurring Memberships: Monthly auto-draft renews until canceled. A written cancellation request must be submitted to

hello@villageyogamovement.com at least 7 days prior to the next billing date to avoid being charged for the following cycle. No refunds will be issued for payments already processed. No freezes, pauses, or holds will be permitted unless approved by The Village Yoga + Movement. Initial membership commitment and included benefits vary, see description & agreement at purchase. Memberships activate on first use.

Drop-in & Class Packages: Class packages are valid for the stated duration at the time of purchase. Unused classes will expire at the end of the validity period. Packages cannot be extended, refunded, or exchanged unless approved by The Village Yoga + Movement.

No Refunds Policy: All sales, including memberships, class credits, and retail purchases, are final. We do not issue refunds for any reason, including missed classes unless approved by The Village Yoga + Movement.

Credit Use: Class credits are non-refundable. Refer to the credit package details at the time of purchase.

Your credit/debit card will be charged at the time you purchase a membership, package of classes, or individual credit. If your payment method presented cannot be processed or if you otherwise fail to pay all fees or charges when due, services or privileges may be suspended or terminated. You are responsible and liable for all fees, including attorneys fees and collection costs, that The Village Yoga + Movement may incur in its efforts to collect any unpaid balances from you. THE SET FEE FOR

RECURRING MEMBERSHIPS WILL AUTOMATICALLY RENEW EACH MONTH

UNTIL THE VILLAGE YOGA + MOVEMENT RECEIVES NOTICE OF

CANCELLATION AS STATED HEREIN. YOU MAY CANCEL YOUR MONTH TO

MONTH MEMBERSHIP BY E-MAILING hello@villageyogamovement.com AT LEAST 7 DAYS PRIOR TO YOUR NEXT BILLING DATE. ALL PREVIOUS BILLING CYCLES ARE NON-REFUNDABLE.

MEMBERSHIP TERMINATIONS & MODIFICATIONS

The Village Yoga + Movement reserves the right to terminate or suspend any membership at its sole discretion, with or without cause. If termination is due to a violation of studio policies, no refund will be issued. We may modify these Terms & Services at any time and continued use of services after modifications constitutes acceptance of the updated terms. Memberships / Credits are subject to a rate increase at the discretion of The Village Yoga + Movement but not more than once a calendar year which will be communicated prior to the increase offering the opportunity to change or cancel the membership.

ACCESSING STUDIO, ATTENDING CLASSES, & CANCELLATIONS

Studio Access: Clients must check in before attending any class. The Village Yoga + Movement reserves the right to refuse service to anyone who violates studio policies.

Reservations: Once you have registered, you may reserve a space in class up to one week in advance (or two weeks in advance if you are a membership holder) using a rolling two week window.

Credit Use: Class credits are non-refundable. Refer to the credit package details at the time of purchase.

Cancellations: Clients must cancel reservations at least (8) hours before the scheduled class start time. Failure to cancel within this timeframe will result in the following penalties, cancellations must be made through the Website or App.

  • Drop-in, class package, workshop package: Loss of the class/workshops credit.
  • Unlimited membership holders: A $10 late cancel fee or $15 no-show fee when applicable.

PROPRIETARY RIGHTS/RESERVATION OF RIGHTS

Unless otherwise specified, all information and content included on the

Website and/or App are the sole property of The Village Yoga + Movement.

Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited.

You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms and Conditions, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. The Village Yoga + Movement retains the entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms and Conditions

APP UPDATES

From time to time, The Village Yoga + Movement may in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that The Village Yoga + Movement has no obligation to provide any Updates or to continue to provide or enable any features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (1) the App will automatically download and install all available Updates; or (2) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to these Terms.

ASSUMPTION OF RISK & LIABILITY LIMITATION & WAIVER

By registering or creating an account, and/or attendance/participation in classes, activities, and other events, or using The Village Yoga + Movement Studios/Facilities you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are inherent risks and dangers including but not limited to physical injury, illness, or accidents. By participating, you acknowledge these risks and voluntarily assume full responsibility for any injuries or damages. You release, waive, and discharge The Village Yoga + Movement, its employees, and affiliates from any liability, claims, or demands related to your participation in classes, events, or use of the facilities.

You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that The Village Yoga + Movement strongly recommends that you consult with your physician prior to commencing any class. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further acknowledge that the specific risks vary from one activity to another and could include but are not limited to : (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.

In consideration of being permitted to participate in The Village Yoga + Movement offerings, and in recognition of The Village Yoga + Movement reliance hereon, you agree: YOU ARE AWARE AND UNDERSTAND THAT THE

ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE

RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY

DAMAGE. YOU ACKNOWLEDGE THAT ANY INJURIES YOU SUSTAIN MAY

RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR

NEGLIGENCE OF THE VILLAGE YOGA + MOVEMENT, INCLUDING

NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS BY THE VILLAGE YOGA + MOVEMENT. NOTWITHSTANDING THE RISK, YOU

ACKNOWLEDGE THAT YOU ARE KNOWINGLY AND VOLUNTARILY

PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF

THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME

ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY

DAMAGE ARISING FROM PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE VILLAGE YOGA + MOVEMENT OR OTHERWISE.

You hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if you are injured or require medical attention. You understand and agree that you are solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.

You agree to comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given by The Village Yoga + Movement staff.

PHOTOGRAPHY & USE OF LIKENESS WAIVER

By attending The Village Yoga + Movement classes, trainings and events, you grant permission for The Village Yoga + Movement to capture, record, and use your likeness in photographs, videos, and promotional materials for marketing and social media. If you do not wish to be photographed or recorded, you must notify the instructor before class.

ENTIRE AGREEMENT AND SEVERABILITY AND WAIVER

These Terms and Conditions constitute the entire agreement between you and The Village Yoga + Movement with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral. If any provision contained in the Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision has no effect on the remaining Terms and Conditions, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of any other term. Any failure on the part of The Village Yoga + Movement to assert a right or provision of the Terms and Conditions shall not constitute a waiver of said right or provision.

The Village Yoga + Movement reserves the right to amend or modify these Terms at any time. Any changes will be posted on the Website. Your continued use of our Facilities, Website and/or App following the posting of changes constitutes your acceptance of such changes.

TERMINATION

These Terms and Conditions are effective until terminated by The Village Yoga + Movement and may be terminated by The Village Yoga + Movement at any time with or without notice. Any such termination does not affect the enforceability of provisions that withstand termination, including, but not limited to, the limitation of liability, warranty disclaimers, indemnity, and release.

FORCE MAJEURE

The Village Yoga + Movement is not responsible for interruptions or cancellations due to events beyond our control, including but not limited to maintenance by building management, natural disasters, government orders, or pandemics.

DISPUTE RESOLUTION

Any disputes arising from or related to these Terms & Services will be resolved through binding arbitration in Indianapolis, Indiana. You waive any right to a jury trial or class action lawsuit. Indiana law governs these terms.

CONTACT INFORMATION

For any questions or concerns regarding these Terms & Services, please contact us at hello@villageyogamovement.com.