REGISTRATION AND CLASS RESERVATIONS
SHACKYOGAFITNESS offers classes on either an unlimited membership basis, in packages of classes, or individually (“Drop-In”). Registration may be completed online or at the SHACKYOGAFITNESS studio. Once you have registered, you may reserve a space in a SHACKYOGAFITNESS class up to two weeks in advanced (or one month in advanced if you are a membership holder) using a rolling two week window.
- Unlimited Membership - Year commitment with monthly autodraft or - Month to month Automatic recurring monthly fee that continues until canceled
- Class Packages: X Class Pack - $ , expires in one year from sale date
Your credit/debit card will be charged either at the time you purchase an unlimited monthly membership, a package of classes, or drop in. 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 SHACKYOGAFITNESS may incur in its efforts to collect any unpaid balances from you. THE SET FEE FOR UNLIMITED CLASSES WILL AUTOMATICALLY RENEW EACH MONTH UNTIL CAMP RECEIVES NOTICE OF CANCELLATION AS SET FORTH BELOW.
CANCELLATION OF CLASSES
To cancel a space reserved in a SHACKYOGAFITNESS class and return it to your account, you must cancel eight (8) hours prior to the class. Once you have cancelled, the class will be returned to your account to be used at a future date. The class is not refunded. If you do not cancel your reserved space eight (8) hours prior to the class, your scheduled class will be deducted from your class pack. If you have an unlimited membership, you will be charged ten dollars ($10.00).
CANCELLATIONS AND REFUNDS
When purchasing a class package, classes are valid for one year from date-of-purchase. Classes are transferable, but non-refundable. When purchasing class packs, and/or year in full membership all sales are final. No refunds, partial refunds, cancellations, freezes, etc. When purchasing a month to month membership, membership activates on date-of-purchase and renews on that date each month. For month-to-month memberships YOU MAY CANCEL YOUR MONTH TO MONTH UNLIMITED MEMBERSHIP BY E-MAILING HI@THEYOGASHACK.COM AT LEAST 30 DAYS PRIOR TO YOUR NEXT BILLING DATE. ALL PREVIOUS BILLING CYCLES ARE NON-REFUNDABLE.
CANCELLATION OF TERMS AND CONDITIONS
These Terms may be canceled at any time prior to the midnight of the fifth business day after the date this agreement is executed by all parties, excluding Sundays and holidays (the “Effective Date”). To cancel this agreement, mail or deliver a signed and dated notice which states that you are canceling this agreement, or words of similar effect. The notice shall be sent to: hi@theyogashack.com These Terms may also be canceled if move more than 25 miles from a YOGASHACK studio, if you become deceased, or if you suffer a disability or medication condition that precludes you from physically using the facilities and such condition is verified by a physician.
GENERAL
These Terms and Conditions (“Terms”) are a legal contract between you and Colorado&Smith, LLC (“SHACKYOGAFITNESS”) and govern the use of YOGASHACK’s studio (collectively the “studio), website (www.shackyogafitness.com) (the “Website”), and software application (the “App”). By accessing, browsing, or using SHACKYOGAFITNESS’s 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 SHACKYOGAFITNESS and contain material which is derived in whole or in part from SHACKYOGAFITNESS 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.
PERSONAL INFORMAITON
To register for SHACKYOGAFITNESS packs, classes, and memberships you must create an account. SHACKYOGAFITNESS will collect some personal information through the creation of said account, such as your address, telephone number and email address. Any personally identifying information retrieved by YOGASHACK must be voluntarily submitted by you, the user. You are responsible for ensuring all personal information is accurate and up to date.
By creating a user account and accessing SHACKYOGAFITNESS’s Website and/or App, you represent, acknowledge, and agree that you are at least 18 years of age, or if you are under 18 years of age, that you are doing so with the consent of your parent or legal guardian and that your parent or legal guardian agrees to these Terms and Conditions.
PRIVACY
Registration is not necessary to visit SHACKYOGAFITNESS’s Website. However, you must create an account to register for classes, packs, and memberships, and access portions of the Website and App that require a username and password. 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 SHACKYOGAFITNESS through the Website and/or App, you consent to receive electronic communications from SHACKYOGAFITNESS. SHACKYOGAFITNESS 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 SHACKYOGAFITNESS provides electronically satisfy all legal requirement 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, As described to you when collecting your personal information or as otherwise set forth in the CCPA.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. To exercise your rights to know or delete, please submit a request to hi@theyogashack.com.
SHACKYOGAFITNESS will never sell your information to third parties. SHACKYOGAFITNESS’s Website and App comply with the CCPA.
We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Studios, Website and/or App following the posting of changes constitutes your acceptance of such changes.
UPDATES
From time to time, SHACKYOGAFITNESS 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 SHACKYOGAFITNESS has no obligation to provide any Updates or to continue to provide or enable any particular 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.
PROPRIETARY RIGHTS/RESERVATION OF RIGHTS
Unless otherwise specified, all information and content included on the Website and/or App are the sole property of SHACKYOGAFITNESS. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without
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. SHACKYOGAFITNESS 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
LIMITATION OF LIABILITY
By signing your registration paperwork and/or attending classes, activities, and other events and using SHACKYOGAFITNESS studios you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in participating in classes offered by SHACKYOGAFITNESS. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that SHACKYOGAFITNESS 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 YOGASHACK offerings, and in recognition of YOGASHACK’s 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 CAMP, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS BY CAMP. 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 SHACKYOGAFITNESS 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 during your participation in the Activity. 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 SHACKYOGAFITNESS’s teachers and staff.
LIMITATIONS OF LIABILITY DURING CORONAVIRUS/COVID-19 PANDEMIC:
SHACKYOGAFITNESS takes Coronavirus seriously and has put in place preventative measures to help reduce the spread of COVID-19. However, SHACKYOGAFITNESS cannot guarantee that you, your family, and/or your guests will not become infected with COVID-19. It is possible that attending classes, and events SHACKYOGAFITNESS may place you in close physical contact with other members, guests, and staff and could increase the risk that you, your family members, or guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death. You understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of yourself or others.
By signing this document, enrolling online, and/or attending in person classes, and events or entering SHACKYOGAFITNESS studios, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself and your heirs, personal representatives or assigns, and any minor child you enroll: (1) to assume all of the foregoing risks related to COVID-19 and accept sole responsibility for any COVID-19 related illness, damage, loss, claim, liability, or expense (included but not limited to personal injury or death) that may occur to you or your family members in connection with participation in a SHACKYOGAFITNESS class or event (“Claims”) and (2) covenant not to sue SHACKYOGAFITNESS or its affiliates, parents, instructors, guests, and/or employees for any Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of relating thereto based on the actions, omissions, or negligence of SHACKYOGAFITNESS, it’s instructors, guests, employees, whether a COVID-19 infection occurs before, during, or after entering SHACKYOGAFITNESS or participating in SHACKYOGAFITNESS events.
TERMINATION BY YOGASHACK
These Terms and Conditions are effective until terminated by SHACKYOGAFITNESS and may be terminated by SHACKYOGAFITNESS 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.
ENTIRE AGREEMENT AND SEVERABILITY AND WAIVER
These Terms and Conditions constitute the entire agreement between you and SHACKYOGAFITNESS 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 SHACKYOGAFITNESS to assert a right or provision of the Terms and Conditions shall not constitute a waiver of said right or provision.
SHACKYOGAFITNESS 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.
GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes will be heard in Sarasota County, State of Florida.