Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.yoga-spark.com (“the Site”) operated by YogaSpark (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.yoga-spark.com.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of YogaSpark Services. You are only authorized to use the YogaSpark Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the YogaSpark website and discontinue use of YogaSpark Services immediately. If you wish to become a client of YogaSpark, you must read these Terms of Service and indicate your acceptance during the registration process.

ACCOUNTS

In order to access some features of the website, you will have to create a YogaSpark account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

CLIENT SERVICES AND POLICIES

CANCELLATIONS: In-studio classes must be cancelled and waitlist cancellations must occur at least 12 hours in advance of the start of class. If you put yourself on the waitlist, look out for emails up to 12 hours in advance and check your schedule under your account to see if you’ve gotten in. If you were moved into the class, we assume you will be coming unless you notify us that you can’t make it (at least 12 hours in advance). All clients may be subjected to a penalty charge for either a late cancel or an absence should they not cancel their reservation within the allotted 12-hour window.

RESERVATIONS: You must be physically present at the start of your scheduled class or your spot may be given to a waitlisted client.

PERSONAL BELONGINGS: You agree that YogaSpark is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.

FREE CLASSES: If you are attending a free class, please note that the cancellation policy and no show fees still apply.

REFUNDS: All classes and membership packages are non-refundable and non-transferable. If and only if you have a medical issue, series and memberships can be paused for whatever amount of time you need to recover, with a physician's note. Please email [email protected] to request. Please note there will be no refunds of any series/membership related to the COVID-19 pandemic / shutdown, medical or any other issues, but we are happy to offer unlimited digital access at your request.

NO UNPAID REGISTRATION: All classes must be prepaid.

SCHEDULE SUBJECT TO CHANGE: Class times can change based on a number of factors; please always check the latest schedule before coming to class.

FORMS OF PAYMENT: We do not accept cash. We accept Visa, MasterCard and American Express.

LIMITATION OF LIABILITY

By attending class at or by YogaSpark, you represent and warrant that you are in good physical health and do not suffer from any medical condition which would limit my participation in the classes offered at or by YogaSpark.  You understand that it is your responsibility to consult with a physician prior to and regarding my participation in any of the yoga classes, programs or workshops offered by YogaSpark.  You understand the risks associated with the activities offered by YogaSpark and you agree to assume all such risks, including, but not limited to, intensive physical activity and exertion, dehydration, causation or aggravation of a physical injury or medical condition, lack of warnings or inadequate warnings, lack of instructions or, inadequate instructions, slipping from slippery surfaces such as mats or floors, equipment failure and the like.  You are fully aware of and accept the risks and hazards involved, and agree to assume full responsibility for any injuries or damages, known or unknown, which you may incur or aggravate as a result of my participation in the programs offered by YogaSpark. You understand that if you have any health issues or physical limitations that may limit, or be aggravated by, exercise (for example, heart condition, high blood pressure, back, neck, shoulder or knee problems), it is your responsibility to notify the studio.

You hereby WAIVE any claims, demands, and causes of action of any kind resulting from or related to my participation in the programs offered at or by YogaSpark, which you may have or ever have in the future against YogaSpark, its members, managers, officers, employees, agents and instructors, and the heirs, executors, administrators, successors and assigns of each of them, and RELEASE all said persons from any and all such claims, demands, and causes of action which you may have or ever have in the future arising from or relating to such programs.  In taking part in the yoga classes, workshops, or other activities offered by YogaSpark, you understand and acknowledge that you are fully responsible for any and all risks, injuries, or damages, known or unknown, which may occur as a result of my participation in such activities.  You also authorize YogaSpark to use your likeness in any marketing materials including but not limited to digital content on social media or any YogaSpark websites.

CORONAVIRUS/COVID-19 PANDEMIC LIABILITY LIMITATION:

YogaSpark takes the Coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, YogaSpark cannot guarantee that you, your family, or your guests will not become infected with COVID-19. It is possible that attending classes, private sessions or events at or hosted by YogaSpark may place you in close physical contact with other clients and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 at or in connection with YogaSpark studios and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand the risk of becoming exposed to or infected by COVID-19 at or in connection with YogaSpark may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, YogaSpark employees, independent contractors, and clients.

By taking class at or by YogaSpark, enrolling online, and/or attending in person classes, outdoor classes not held at YogaSpark studios, private sessions, events or simply entering YogaSpark studios, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members in connection with attendance at YogaSpark or as a result of participation in YogaSpark programs (“Claims”); (b) covenant not to sue YogaSpark, its Instructors, independent contractors, clients, and employees, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of YogaSpark, its Instructors, independent contractors, clients, and employees, whether a COVID-19 infection occurs before, during, or after attending YogaSpark studio facilities or participating in any YogaSpark program, (c) to follow all rules and protocols that YogaSpark puts in place and asks of its clients with respect to COVID-19, (d) prior to taking classes of any kind at or in connection with YogaSpark studios, you have not: knowingly been in contact in the previous 14 days with anyone who has tested positive exhibit no symptoms of COVID-19; tested positive for COVID-19 through a diagnostic test in the previous 14 days; experienced any symptoms of COVID-19 in the previous 14 days; and traveled within a state with significant community spread of COVID-19 for longer than 24 hours in the previous 14 days.

YogaSpark reserves the right to refuse access to any Participant if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of YogaSpark facilities or classes.

CONTENT

The content on the YogaSpark website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to YogaSpark, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. YogaSpark reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of YogaSpark.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

“YogaSpark” is a trademark of Radiant Yoga LLC DBA YogaSpark in the U.S. YogaSpark’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of YogaSpark.

MOBILE SERVICES

YogaSpark’s Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase YogaSpark via your mobile phone, (ii) the ability to receive and reply to YogaSpark messages, (iii) the ability to browse YogaSpark from your mobile phone and (iv) the ability to access certain YogaSpark features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). Your carrier’s normal messaging, data and other rates and fees apply on top of any fees that YogaSpark may charge for these services. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding YogaSpark and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

TERMINATION

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

THIRD PARTY SITES

Our Site may contain links to third-party sites that are not owned or controlled by YogaSpark.

YogaSpark has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

GOVERNING LAW

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New York, USA, without giving effect to any principles of conflicts of law.

CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

ELIGIBILITY

Using YogaSpark services is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using YogaSpark Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian. Only those age 14 or over may attend classes at a YogaSpark studio.

TERM

These Terms of Service shall remain in full force and effect while you use the YogaSpark Services. You may terminate your account at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local studio directly via phone or email. YogaSpark may terminate your account at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.

FEES

You acknowledge that YogaSpark charges fees for its services, and YogaSpark reserves the right to change its fees from time to time in its discretion. If YogaSpark terminates your account because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

PASSWORD

When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify YogaSpark immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

INTELLECTUAL PROPERTY

The trademarks and trade dress of YogaSpark are proprietary to YogaSpark and may not be used by you for any reasons other than as expressly permitted. All moves, content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; are property of, or duly licensed to, YogaSpark. Any other use of materials including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of YogaSpark, is strictly prohibited.

You acknowledge that YogaSpark and/or third party content providers remain the owners of all content and materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. YogaSpark may discontinue your right to access to the content and materials, or any portion thereof, at any time.

ENTIRE AGREEMENT; NO WAIVER

These Terms of Service, together with our Privacy Policy, and any other legal notices published by YogaSpark on the website, shall constitute the entire agreement between you and YogaSpark concerning our website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and YogaSpark’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YogaSpark reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the YogaSpark website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

ARBITRATION

YOU AND YOGASPARK AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

CONTACTING US

If you have any questions about these Terms of Service, the practices of YogaSpark or its services, or your dealings with this site, please contact us at: [email protected]

These Terms of Service have been updated and effective as of October 6, 2020.