Terms & Conditions

Originally posted September 2014 (Updated June 2019)

Welcome! You have an incredibly fulfilling journey ahead of you and the #MixxFam is happy to be a part of it. We will strive 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, various yoga postures (asanas), plyometrics, cardio exercises, and high-intensity interval training. Mixx Yoga classes are designed to activate every part of the body – the muscles and joints, the spine and the entire musculoskeletal system – through stretching and toning exercises. Classes also affect the internal organs, glands, and nerves. By using our Services, you agree to be bound by these Terms. If you are using our Services for an organization or company, you agree to these Terms on behalf of that organization or company.

Your Responsibilities
You are responsible for your conduct and you must comply with our Terms. Please keep your account information up-to-date and confidential – be sure to safeguard your password(s) at all times. Our Services are generally not intended for children under the age of 18. By using our Services, you are representing to us that you are 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. Children between the ages of 10 and 18 may access our Services only with the supervision of a parent or legal guardian. Parents/Legal Guardians must agree to these Terms, including the liability release terms, on behalf of any minor prior to participation in our Services.

First Class
We offer all new clients a first class free of charge. This may be used for any of our regularly scheduled classes; not redeemable for special events, workshops, etc. In order to redeem, you must create an account, online or in our studio. This deal never expires and may be purchased online.

Single Session Drop-ins
You may attend any class on a one-off basis, without purchasing a membership. Single Session Drop-ins will be charged at the current rate listed on our website and/or in our studio.
Holds. Holds do not apply to Singe Session Drop-ins.
Billing. We will charge the card you provide to us on the date of purchase. May be purchased online or in studio.
Expiration. Expires six (6) months after purchase date.
Changes. We may change the fees in effect at any time but will give you notice of these changes via email message sent to the email address on your account.
No Refunds or Exchanges. Once purchased, you will not be issued a refund unless required by law.

Auto-Renewal Contracts
By signing up for one of these plans you are agreeing to allow Mixx Yoga to charge your credit card monthly, beginning on the date of purchase. There are no initiation fees for these plans. There are also no long-term contracts. Exceptions may apply if using a discount/promo/offer requiring a commitment of a specific number of months. You may cancel this plan at any time without any fees but you must do so at least seven (7) days before the contract auto-renews. If you are receiving a discounted rate for any reason (e.g. a coupon, grandfathered membership rate, temporarily reduced 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 cancellation, your rate will be set at the auto-renewal rate(s) that the studio is offering at the time of your re-enrollment.
Holds. Regular auto-renewal contracts (i.e. non-discounted accounts) may qualify for holds for a minimum duration of one (1) month and a maximum of two (2) months. Holds can be placed once per year and must be submitted in writing (via email to admin@mixxyoga.com) at least seven (7) days before contract auto-renews. Any hold(s) requested beyond the maximum limit of permitted holds will be subject to a fee of $10 per additional hold. Any discounted membership placed on hold will not be eligible for the discount once hold is lifted. Regular membership rate(s) will apply.
Additional Fees. For discounted auto-renewal contracts, if a card is declined for 10 days (as a result of expiration, loss, insufficient funds, etc.), the account will be terminated and client will no longer qualify for the discounted rate upon re-enrollment. For non-discounted auto-renewal accounts, if a card is declined for 10 days (as a result of expiration, loss, insufficient funds, etc.), an additional $10 fee will be charged to the account once the card’s status has been resolved.
Billing. We will charge the card you provide to us on the date of purchase and on the corresponding day of each subsequent renewal month until cancellation. Renewals are billed on the date of purchase and your “membership month” will begin on the same day. All memberships may be purchased online or in studio. You are responsible for all applicable taxes and we will charge tax when required by law.
Changes. We may change the fees in effect at any time but will give you advance notice of at least 24 hours of these changes via email message sent to the email address on your account.
No Refunds or Exchanges. Once your account has been charged for a month, you will not be issued a refund unless required by law.

Specialty Packages, Memberships and/or Workshops
You may enroll in special packages, memberships, or workshops online or at the studio at the listed prices, as they become available for special occasions or booked through third party marketing campaigns.
Holds. Holds may be available depending on the type of product purchased. Consult this page or studio staff for eligibility.
Additional Fees. Late cancellations (less than 60-minutes before the start time of the class) may result in an additional $5, to be charged at the discretion of Mixx Yoga. For any auto-renewing contracts, packages or other purchases, see section entitled Auto Renewal Plans for additional applicable terms. For any private or semi-private classes, events, etc., see section entitled Private and Semi-Private Classes for additional applicable terms.
Billing. We will bill you at the time of purchase according to the contract terms (i.e. one-time package, auto-renewal contract, one-time workshop, workshop series, etc.). Products/Services may be purchased online and/or in-studio, subject to Mixx Yoga’s discretion. You are responsible for all applicable taxes and we will charge tax when required by law.
Changes. We may change the fees in effect at any time but will give you advance notice of at least 24 hours of these changes via email message sent to the email address on your account.
No Refunds or Exchanges. Once purchased, you will not be issued a refund unless required by law.

Private and Semi-Private Classes
Private classes may be scheduled and purchased by phone, email, or at the studio.
Holds. Holds do not apply to Private/Semi-Private Classes.
Additional Fees. Cancellations made less than 60 minutes before the start time of the class will be charged in full, and cancellations made less than 12 hours before the start time of the class will be charged 50% of the session fee. Additionally, if a card is declined (as a result of being expired, or lost, or insufficient funds, etc.), a $10 fee will be charged to the account once the card’s status has been resolved.
Billing. We will charge your account after each session unless bulk sessions are purchased. Private class rates are always determined hourly or semi-hourly. If you arrive late, the instructor reserves the right to teach for only the remainder of time left within the allotted session time. If offered, you may choose to extend your session time for an additional fee. You are responsible for all applicable taxes and we will charge tax when required by law.
Expiration. All private sessions, whether purchased singly or in a bundle, will expire six (6) months after purchase date.
Changes. We may change the fees in effect at any time but will give you advance notice of at least 24 hours of these changes via email message sent to the email address you have used to register your account.
No Refunds or Exchanges. Once purchased, you will not be issued a refund unless required by law.

Termination
You are 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 are not complying with these Terms, or are using the Services in a manner that would result in legal liability or disruption to our business operations, including hindering the use of our Services by others. You will not be refunded for any unused memberships, packages, etc.

Services “AS IS”
We strive to provide great Services, but there are certain things that we cannot 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 locales do not 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.

Dispute Resolution
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 attempt dispute resolution informally by contacting us at admin@mixxyoga.com. We will 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 move forward with 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 are not 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.

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 may receive information and instruction about any or all of the following: 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.