Terms & Conditions - Mixx Yoga

Mixx Yoga Terms of Service

Posted: 21 September 2014

Updated: 4 January 2017

Welcome to the Mixx Fam! You have an incredibly fulfilling journey ahead of you and the #mixxfam is happy to be a part of it. We will move every day to bring you to your fitness aha-moment! These terms of service (“Terms”) cover your use and access to our services and websites (“Services”). Participation in private, semi-private, and/or group Mixx Yoga classes/workshops includes, but is not limited to, participation in meditation, breathing exercises, performing various yoga postures (asanas), plyometrics, cardio exercises, and high intensity interval training. Mixx Yoga is designed to activate every part of the body – stretching and toning the muscles and joints, the spine and the entire musculoskeletal system. The class also affects the the internal organs, glands and nerves. By using our Services, you’re agreeing to be bound by these Terms. If you’re using our Services for an organization or company, you’re agreeing to these Terms on behalf of that organization or company.

Your Responsibilities
You’re responsible for your conduct, and you must comply with our Terms.

Please safeguard your password to the Services, make sure that others don’t have access to it, and keep your account information current.

Our Services are not intended for and may not be used by people under the age of 18. By using our Services, you are representing to us that you’re over 18.

Finally, make sure to read the liability release terms below to which you have agreed upon creating an account at Mixx Yoga and signing up for our Services.

Liability Release Terms.
You are participating in private/semi-private/group Mixx Yoga classes/workshops offered by certified Mixx Yoga instructors at a location to which you have agreed. During class, you will receive information and instruction about yoga, breathing, meditation, posture, plyometrics, cardiovascular exercises, nutrition, and overall health. You recognize that the exercises you receive involve physical exertion which may be strenuous and may cause physical injury, and you are fully aware of the risks and hazards involved. You understand that it is your responsibility to consult with a physician prior to and regarding your participation in private/semi-private/group Mixx Yoga classes/workshops. You represent and warrant that you are physically healthy and have no medical conditions which would endanger your health during your participation in Mixx Yoga classes/workshops. In consideration of your participation in private/semi-private/group Mixx Yoga classes/workshops, you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of your participation. In further consideration your participation in in private/semi-private/group Mixx Yoga classes/workshops, you knowingly, voluntarily and expressly waive any claim you may have against Mixx Yoga and all Mixx Yoga partners, instructors, employees, and independent contractors for injury or damages that you may sustain as a result of your participation. You are fully aware that Mixx Yoga is a unique program and understand that Mixx Yoga differs from traditional styles of yoga under the management of Yoga Alliance. You understand that the decision to participate in Mixx Yoga was fully and completely voluntary. You, your heirs or legal representatives permanently release, waive, discharge and covenant not to sue for any injury or death caused by the negligence or other acts of Mixx Yoga and all Mixx Yoga partners, instructors, employees, agents, and independent contractors. If you are pregnant, or become pregnant, are post-natal, or suffer from any other medical conditions, you are participating in Mixx Yoga private/semi-private/group classes/workshops with your doctor’s full approval. You realize that you are participating at your own risk. You grant permission to Mixx Yoga to use and publish, without payment, pictures and/or video/audio of you taken before, during, or after Mixx Yoga classes/workshops for any purpose whatsoever including but not limited to advertising, publicity, Mixx Yoga website, posting on social media including but not limited to FaceBook, Twitter, Instagram, and for any other internet purposes. The pictures/videos/audios may appear in color or black and white, may be distorted, blurred, or altered. I waive any right to inspect or approve the pictures/videos/audios in their finished version(s) or any written copy that may be used in connection with them. You release, hold harmless, and waive any claims against Mixx Yoga related to the pictures/videos/audios or the exercise of the rights granted herein, including claims for compensation, claims of defamation or any claims regarding rights of privacy or publicity. This release shall also be applicable to Mixx Yoga partners, employees, agents, instructors, and independent contractors, including without limitation, the photographer and any advertising agency who may be involved in creating and disseminating the pictures/videos/audios, and any newspaper, magazine, or other publication in which they appear. You also understand that publication of the pictures/videos/audios is within the sole discretion of Mixx Yoga, and that they may not be used at all. You understand that the pictures/videos/audios used by Mixx Yoga for the reasons stated above, are considered the property of Mixx Yoga and may not be sold or reused without the express consent of Mixx Yoga.

Auto-Renwal Plans
There is no initiation fee in these plans. There are also no long-term contracts. You may request to cancel this plan at any time without any fees but you must do so in person, at the studio. If you are receiving a discounted rate for any reason (i.e. a coupon, grandfathered membership rate, reduced temporary rate, etc.), once you cancel, you will no longer be eligible for the discounted offer. If you do decide to re-enroll in the auto-renewal plan after cancelation, your rate will be set at the auto-renewal rates that the studio is offering at the time of your re-enrollment.

Holds. Discounted plan do not qualify for holds. No other discounts or special offers can be used in conjunction with discounted offers. Regular auto-renewal accounts (i.e. non-discounted accounts) qualify for holds for a minimum duration of 1 month and a maximum of 2 months. Holds can be placed once per year. If you request a hold beyond the maximum number or limit of permitted holds, a small fee of $10 per additional hold will be applied.

Additional Fees. On all auto-renewal plans, if a card is declined (as a result of being expired, or lost, or insufficient funds, etc.), an additional $10 fee will be charged to the account once the card’s status has been resolved. Late cancelations (less than 60minutes before the start time of the class) will also be charged an additional $5.

Billing. We’ll automatically bill you from the date you begin your service and on each periodic renewal month until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

No Refunds. You may cancel auto-renewal accounts at any time but you won’t be issued a refund unless it’s legally required.

Class Packages
You may purchase class packages online or at the studio at the listed prices.

Billing. We’ll bill you once for your package at the time of purchase. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.

Additional Fees. Late cancelations (less than 60minutes before the start time of the class) will be charged an additional $5.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

No Refunds. Once purchased, you won’t be issued a refund unless it’s legally required.

Specialty Packages and/or Workshops
You may purchase specialty packages online or at the studio at the listed prices and as they become available for special occasions or booked through third party marketing campaigns.

Billing. We’ll bill you for your package at the time of purchase according to the package terms (i.e. one-time package versus auto-renewal accounts). You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.

Additional Fees. Late cancelations (less than 60minutes before the start time of the class) will be charged an additional $5. If the specialty package is an auto-renewal package, if a card is declined (as a result of being expired, or lost, or insufficient funds, etc.), an additional $10 fee will be charged to the account once the card’s status has been resolved.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

No Refunds. Once purchased, you won’t be issued a refund unless it’s legally required.

Private and Semi-Private Classes
You may purchase private classes online or at the studio at the listed prices.

Billing. We’ll charge your account after each session. Private classes rates are always determined hourly. Every additional minute beyond the 60 minute rate will be charged in a prorated fashion. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.

Additional Fees. Late cancelations (less than 60minutes before the start time of the class) will be charged $25. Additionally, if a card is declined (as a result of being expired, or lost, or insufficient funds, etc.), an additional $10 fee will be charged to the account once the card’s status has been resolved.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

No Refunds. Once purchased, you won’t be issued a refund unless it’s legally required.

Termination
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services.

Services “AS IS”
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, MIXX YOGA AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR MIXX YOGA’S OR ITS AFFILIATES’ FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE, IN NO EVENT WILL MIXX YOGA, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR:

(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR

(B) ANY LOSS OF USE, BUSINESS OR PROFITS, REGARDLESS OF LEGAL THEORY.

THIS WILL BE REGARDLESS OF WHETHER OR NOT MIXX YOGA OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

ADDITIONALLY, MIXX YOGA, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO MIXX YOGA FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.

Resolving Disputes
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Mixx Yoga, you agree to try to resolve the dispute informally by contacting us at admin@maryland.cochranfirmcriminaldefense.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Mixx Yoga may bring a formal proceeding.

Judicial forum for disputes. You and Mixx Yoga agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Orange County, California, subject to the mandatory arbitration provisions below. Both you and Mixx Yoga consent to venue and personal jurisdiction in such courts.

NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations aren’t allowed.

Controlling Law
These Terms will be governed by California law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.

Entire Agreement
These Terms constitute the entire agreement between you and Mixx Yoga with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.

Waiver, Severability & Assignment

Mixx Yoga’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Mixx Yoga may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.