GENERAL

These Terms and Conditions are a legal contract between you and SHACK yoga + fitness (“SHACK yoga+fitness”) and govern the use of the SHACK yoga+fitness studios (collectively the “Studio, Studios, or Facilities”), Website, www.shackyogafitness.com (the “Website”), and software application (the “App”). By accessing, browsing, or using SHACK yoga+fitness 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 SHACK yoga+fitness and contain material which is derived in whole or in part from SHACK yoga+fitness 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 agree to provide accurate information and update it as necessary. SHACK yoga+fitness reserves the right to suspend or terminate accounts with false or misleading information.

SHACK yoga+fitness will collect some personal information through the creation of said account, such as your address, telephone number and email address. Any personally identifying information received by SHACK yoga+fitness 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 SHACK yoga+fitness through the Website and/or App, you consent to receive electronic communications from SHACK yoga+fitness. SHACK yoga+fitness 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 SHACK yoga+fitness 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 the Florida Information Protection Act (FIPA). 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. SHACK yoga+fitness 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 hi@theyogashack.com at least 14 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. Initial membership commitment and included benefits vary, see description & agreement at purchase. Memberships activate on the day of purchase.

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.

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.

Credit Use: Class credits are non-refundable. Some packages allow credits to be used for another individual’s booking; however, restrictions may apply. 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 SHACK yoga+fitness may incur in its efforts to collect any unpaid balances from you. THE SET FEE FOR RECURRING MEMBERSHIPS WILL AUTOMATICALLY RENEW EACH MONTH UNTIL SHACK RECEIVES NOTICE OF CANCELLATION AS STATED HEREIN. YOU MAY CANCEL YOUR MONTH TO MONTH MEMBERSHIP BY E-MAILING HI@THEYOGASHACK.COM AT LEAST 14 DAYS PRIOR TO YOUR NEXT BILLING DATE. ALL PREVIOUS BILLING CYCLES ARE NON-REFUNDABLE.

MEMBERSHIP TERMINATIONS & MODIFICATIONS

SHACK yoga+fitness 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 are subject to an annual rate increase which will be communicated prior to the increase offering the opportunity to change or cancel the membership.

ACCESSING STUDIOS, ATTENDING CLASSES, & CANCELLATIONS

Studio Access: Clients must check in before attending any class. SHACK yoga+fitness 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 two weeks in advance (or one month in advance if you are a membership holder) using a rolling two week window.

Cancellations: Clients must cancel reservations at least eight (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, limited membership clients: Loss of the class credit.
Unlimited membership holders: A $10 late cancel fee, or a $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 SHACK yoga+fitness. 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. SHACK yoga+fitness 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, SHACK yoga+fitness 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 SHACK yoga+fitness 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.

ASSUMPTION OF RISK & LIABILITY LIMITATION & WAIVER

By registering or creating an account, and/or attendance/participation in classes, activities, and other events, or using SHACK yoga+fitness 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 SHACK yoga+fitness, 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 SHACK yoga+fitness 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 SHACK yoga+fitness offerings, and in recognition of SHACK yoga+fitness 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 SHACK YOGA+FITNESS, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS BY SHACK YOGA+FITNESS. 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 SHACK YOGA+FITNESS 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 SHACK yoga+fitness staff.

PHOTOGRAPHY & USE OF LIKENESS WAIVER

By attending SHACK yoga+fitness classes or events, you grant permission for SHACK yoga+fitness 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 SHACK yoga+fitness 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 SHACK yoga+fitness to assert a right or provision of the Terms and Conditions shall not constitute a waiver of said right or provision.

SHACK yoga+fitness 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 SHACK yoga+fitness and may be terminated by SHACK yoga+fitness 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

SHACK yoga+fitness 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 Sarasota County, Florida. You waive any right to a jury trial or class action lawsuit. Florida law governs these terms.

CONTACT INFORMATION

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