Terms of Service – Abundance yoga

Terms of Service

These terms of service relate to any services provided by Abundance Yoga, LLC (“Abundance”) to its guests (those guests, “Guests” any individual guest, “Guest”). These terms outline the relationship and obligations between Abundance and Guest for any classes or workshops attended (the “Classes”, any individual class or workshop, a “Class”).

Abundance reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms of Service, at any time. You are responsible for periodically reviewing the Terms of Service for changes. By continuing to use Abundance, you accept any changes at the time they are implemented.

BY SIGNING A WAIVER, REQUESTING SERVICES, PAYING FOR CLASSES, OR OTHERWISE ENGAGING Abundance, Guest EXPRESSLY AGREES TO BE BOUND BY ALL OF THEse TERMS OF service. IF Guest DOES NOT AGREE TO ALL OF THE TERMS OF service, Guest SHOULD NOT ENGAGE Abundance.

Abundance strives to provide the Class in a quality manner to ensure our Guests have a pleasant experience. As such, all Guests are required to abide by the policies of Abundance and agree to the terms as described in these terms of service.

Duties of Abundance. Abundance will ensure the studio and all facilities used by Guest are clean and sanitary for use and provide Guest with the proper equipment and information to fully experience the benefits of the Classes.
Studio Policies and Waivers. These terms of service incorporate by reference any studio policies posted or delivered to Guest by Abundance and waivers signed by Guest at each Class. Guest agrees to abide by all studio policies.
Arrive Early. Guest is asked to arrive at least 10 minutes prior to any Class to allow ample time to check in and prepare for the Class. Arriving late will limit the time for any scheduled Class.
Class Reservations. All Classes will start and end on time so that the next Guest is not delayed.
1. Late Arrivals. If any Guest is late to a scheduled Class, Abundance will make every effort to accommodate Guest, but this is not always possible. Guest’s participation in a Class may be abbreviated to avoid delays for other Guests and will be charged at full value.
2. Rescheduling Late Arrivals. Any Class missed by 15 minutes or more may be rescheduled for a future Class. Any such rescheduling must take place within 24 hours of the missed Class or the full fee for the Class may be charged to Guest
3. Rescheduling Classes. Guest may reschedule or cancel a reserved Class up to three times according to the policies of Abundance and as described in these terms of service.
4. Full Charge After Third Rescheduling. If Guest fails to appear for a Class that has been rescheduled three times, Guest will be charged for the full Class.
5. Subject to Availability. Rescheduling a Class is subject to availability.
Late Cancellations. Abundance reserves the right to charge the full Service value if cancellation is not made more than three hours in advance of the scheduled Class.
1. Last Minute Rescheduling. Last minute changes to appointments will be honored only if the Class is not full and other Guests are not inconvenienced.
2. Last Minute Cancellations. Last minute cancellations (3 hours prior to your Class) may be charged 100% of the Class value and are not refundable or available for credit.
Failure to Use. If a Guest fails to use any Class booked within three months of the payment for such Class, Guest will be charged the full Class value as if Guest had received the Class. The above notwithstanding, if a package is purchased, such fee will be charged three months after the expiration of the package purchased.
1. Stay of Account Packages for Health Issues. If Guest, for any reason as described in writing by a physician, is no longer able to participate in Classes, all Classes or packages purchased by Guest will be held until such time as Guest is able to participate in the Classes.
Refunds. All Class sales, retail sales, and gift certificate sales are final. No refunds are available for any Classes performed or purchased. If Guest has paid for a specific Class, but Guest’s needs to change, Guest may, in the sole discretion of Abundance, receive a credit to be used for other Classes.
Warranty or Studio Error. If something goes wrong during any Class and the issue is the fault of Abundance or a malfunction of equipment used to provide such Class, Abundance may, in its sole discretion, offer Guest a free Class or credit toward another Class.
Age Requirements. Guest must be at least 18 years of age to participate in any Classes without the approval or accompaniment of an adult. If Guest is under 18 years of age and a parent or guardian agrees to these terms and signs a waiver for the minor, the minor may participate in the Classes.
Special Conditions. Guest agrees to notify Abundance of any special needs or circumstances that may cause any modification or alteration of the Classes for the well-being of Guest. In such circumstances, Abundance may require a note from a physician prior to permitting Guest to participate in the Classes.
Quiet Environment. As a courtesy to other Guests, Guest agrees to maintain a quiet level of conversation in the studio. Cell phones and other devices must be silenced prior to entering the studio.
Prices Subject to Change. Although Abundance makes every effort to keep its website and Class menu updated, prices and Classes are subject to change at any time. Abundance reserves the right to refuse Service at any time, to anyone, for any reason.
1. Packages. Abundance offers packages and discounts for first time Guests or for repeat Guests who would like to enjoy discounted Classes. Such packages are nonrefundable and subject to any terms of the packages as well as the scheduling policies outlined above and any other policies posted by Abundance.
  1. Expiration of Packages. All packages purchased have an expiration depending on the number of Classes purchased. Each package will expire as described at the time of purchase. Abundance is not required to remind Guests to use packages prior to expiration.
  2. Using Packages Before Expiration. If a Class is booked prior to expiration of the package, then such package will be considered to have been used, even if the Class is for a date after the expiration of the package. Such pre-bookings are subject to the cancellation requirements stated above.
2. Gift Certificates. Gift Certificates are available for specified Classes, packages, or dollar amounts.
  1. Nonrefundable. Gift certificates are nonrefundable and may only be used as credit for purchase of Classes or retail items offered by Abundance.
  2. Use of Gift Certificates. Gift Certificates are not redeemable if lost or stolen.
  3. Scheduling Services with Gift Certificates. Gift certificates will be used in the same manner as payment for Classes and the scheduling and cancellation policies stated in these terms will also apply to any amount spent with a gift certificate.
Discounts. Any discounts offered by Abundance will be subject to certain restrictions as stated at the time a discount is offered and are subject to change at any time and may be revoked by Abundance prior to your acceptance of such discount. Discounts available to first time Guests may not be used again if Guest schedules a Class with a discount, and fails to appear for such Class.
Payment. Guest agrees to pay Abundance any service fee or Additional Charges for services rendered within 15 days of Class. If payment is not made at the time required, any unpaid balance is subject to interest charges of 21% per annum or the highest interest rate allowed by law, whichever is less.
Service Fees and Other Charges. When the Classes are scheduled, but before any Class has been attended, Guest must pay for the Classes. If Guest requests additional Abundance Classes or fees are incurred by Guest, such additional costs will be charged as “Additional Charges”. Guest agrees to pay such Additional Charges and agrees that any additional Services resulting in Additional Charges will be subject to these terms of service. Charges that may be applied for the Services can include, but are not limited to:
1. Additional Cleaning. There will be an Additional Charge for any additional cleaning fees required as a result of your use of the facilities.
2. Damage to Equipment. If the any equipment is damaged as a result of your use of the Services or facilities through no fault of Abundance, there may be an Additional Charge.
3. Damage to Property. If any property of Abundance is damaged as a result of your use of the facilities, there may be an Additional Charge.
4. Hazardous Waste Disposal. If hazardous waste must be removed from the studio as a result of Guest’s use of the Service, there will be an Additional Charge for hazardous waste disposal.
5. Sales Tax. Guest shall, in addition to the other amounts payable under these terms of service, pay all sales and other taxes, federal, state, or otherwise, however designated which are levied or imposed by reason of the Services provided under these terms of service.
Credit Card Authorization. Guest authorizes Abundance to process and charge Guest’s credit or debit card account for any and all amounts due in these terms of service. This authorization includes any Additional Charges incurred. Guest acknowledges receipt of the goods and services indicated in these terms of service and agrees to perform the obligations set forth in their Cardholder Agreement with the issuer of the credit card. Credit card transactions must be approved before they are accepted as payment.
Costs of Collection. Guest agrees to pay all collection costs, including legal fees, incurred by Abundance in pursuit of collecting payment. Once collected, payments will be applied first to costs incurred for collecting, next to accrued interest and finally to the principal owed. Interest begins accruing from the due date. Guest agrees that any claim for price adjustment shall not be reason, cause, or defense for failure to make full payment of the amount owed in these terms of service.
Visitors. Abundance is unable to accommodate visitors accompanying Guests into a Class including those complying with the age restriction policy. All individuals who are not participating in a Class must remain in the waiting lounge.
Breach. Failure of Guest to follow any policies, make any payment when due, or comply with these terms of service shall be considered a breach (each such instance, an “Event of Breach”).
1. Remedy for Breach. If an Event of Breach occurs, Abundance may exercise the following remedies without being in breach of these terms of service or waiving any other rights or remedies available under these terms of service and applicable law:
2. Cease Services. At any time after an Event of Breach, Abundance may cease allowing Guest to participate in Classes until such Event of Breach is cured to the satisfaction of Abundance.
3. Refusal of Service. At the option of Abundance, Classes may be refused indefinitely to Guest on an Event of Breach.
4. Charge Fees against Guest Account. If Guest has paid for any packages or other Classes that have not yet been received by Guest, Abundance may charge any Additional Charges against such Services and refuse service to Guest until the account is paid in full. In no event will this option be construed to limit Abundance ability to collect the full value of any Additional Charges, fees for Classes, interest, or other fees as described in these terms of service.
5. Forfeit of any Fees. If Services are refused indefinitely, any fees paid to Abundance for Classes will be forfeit and will not be refunded.
6. Security. If Guest cures any Event of Breach and Abundance does not exercise any of the rights listed above, Abundance may, at its discretion, require security acceptable to Abundance to continue offering Classes to Guest after an Event of Breach.
Notices. Abundance may notify Guests of changes or additional policies or other items by communicating with Guest via phone, email, mail, or by posting in the studio. Guest is considered to have received any notice delivered by Abundance if such notice is delivered to the most current information Guest has provided to Abundance or posted in the studio.
Email Correspondence. Guests agree for Abundance to send email information. In some instances, Abundance may automate such emailed information and deliver through an email service. Guest agrees to maintain an up-to-date email address. If Guest opts out of receiving communications from Abundance, Guest may not receive important information vital to the Services.
Pronouns. All pronouns and any variations shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the person or entity may require.
No Warranties. Abundance makes no warranties, express or implied, regarding any Services and how Guest may react or experience such Services. Guest agrees to indemnify and hold Abundance harmless against any and all claims, costs, and expenses, including attorney’s fees. These claims may include, but are not limited to:
1. Property Damage. Any claims of property loss or damage.
2. Any other claims. Guest releases Abundance from any claims arising from the Services.
Severability. Each provision of these terms of service shall be considered severable, and if for any reason any provision or provisions herein are determined to be invalid, unenforceable, or illegal under any existing or future law, such invalidity, unenforceability, or illegality shall not impair the operation of or affect those portions of these terms of service which are valid, enforceable, and legal.
Failure to Enforce Rights. Failure by Abundance to enforce any rights in these terms of service shall not be construed as a waiver of those rights or an amendment to these terms of service.
Dispute Resolution. To the fullest extent permitted by law, all disputes, except for those pertaining to collections, arising out of or relating to these terms of service shall be submitted to mediation and, if necessary, legally binding arbitration, under the rules of the American Arbitration Association. Such mediation and, if necessary, arbitration shall be held in Birmingham, Alabama. Arbitration shall be governed by the American Arbitration Association. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. This provision is intended to be as broad as possible under the law: it shall apply to all claims and causes of action, including all statutory and constitutional claims, contract claims and tort claims. The parties agree that their relationship affects and involves interstate commerce.
Construction. These terms of service shall be interpreted and construed according to the laws of the state of Alabama and jurisdiction for any dispute arising out of these terms of service shall be in the state and federal courts located in Jefferson County, Alabama. The titles of the sections in this agreement have been inserted as a matter of convenience for reference only and shall not control or affect the meaning or construction of any of the terms and provisions of these terms of service.
Entire Agreement. This agreement sets forth all the understandings and agreements of whatever kind and nature existing between the parties concerning this agreement. Any other arrangements concerning different matters between the parties must be set forth in a separate instrument