liability waiver

Thank you for using this service, which is owned and operated by Drip Yoga LLC (“Drip Yoga LLC,” “we,” “us,” and “our”). Drip Yoga LLC offers yoga classes, instruction, exercises, memberships, and other programs, events and activities conducted or organized by or through Drip Yoga LLC, whether in-studio, in person, online, live, recorded or otherwise (collectively, with all related activities, the “Activities”). Not all participants in Drip Yoga LLC Activities need to be members of Drip Yoga LLC; however, participants in specific Drip Yoga LLC programs and Activities agree to the additional terms and conditions of those programs and activities and waiver of liability of which are set forth below in this Liability Waiver.

DISCLAIMERS AND LIMITATION OF LIABILITY

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR THEIR CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SERVICES. THE SERVICES AND ALL OF THEIR CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DRIP YOGA LLC, AND ANY OF ITS AFFILIATES AND SUBSIDIARIES, DIVISIONS, JOINT VENTURES, LICENSORS, AND THIRD-PARTY SERVICE OR CONTENT PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AND AGENTS (“Drip Yoga LLC AFFILIATES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE SERVICES, THEIR CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DRIP YOGA LLC AND THE DRIP YOGA LLC AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE SERVICES; (C) THAT THE CONTENT OF THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT; OR (D) THAT THE SERVICES WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SERVICES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

DRIP YOGA LLC AND THE DRIP YOGA LLC AFFILIATES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED DRIP YOGA LLC SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER-GENERATED CONTENT, AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF DRIP YOGA LLC. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, THE CONTENT, THE USER-GENERATED CONTENT, AND THE PRODUCTS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES OR THAT ARE PROMOTED OR ADVERTISED ON OR THROUGH THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, DRIP YOGA LLC, ON ITS OWN BEHALF AND ON BEHALF OF THE DRIP YOGA LLC AFFILIATES, EXCLUDES AND DISCLAIMS LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY INCLUDING BUT NOT LIMITED TO ITEMS LOST OR STOLEN AT A STUDIO OR EVENT LOCATION; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.

THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DRIP YOGA LLC AND THE DRIP YOGA LLC AFFILIATES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY YOU GUYS WILL BE UP THERE AVAILABLE AT THE SAME TIME. I WILL BE IN TRIAL. WITH YOU.

COVID-19 TERMS AND CONDITIONS

In addition to and as a part of the Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement below, you hereby agree to the following:

● You understand that the COVID-19 (novel coronavirus) pandemic is an ongoing public health situation.

● You understand that COVID-19 (including variations and mutations) is a highly communicable virus that can cause, among other conditions, severe respiratory illness, sometimes leading to death, in individuals who contract it.

● You will not attend in-studio or any other in-person Activities conducted or organized by or through Drip Yoga LLC if you are exhibiting symptoms of COVID-19 (which can include, without limitation, fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell), or if you have been exposed to a third party who has exhibited COVID-19 symptoms in the 14 days preceding your participation in the in-person Activities.

● You understand and expressly agree that your use of a Drip Yoga LLC studio or participation in any other in-person Activities conducted or organized by or through Drip Yoga LLC involves the risk that you could contract COVID-19 notwithstanding the mitigation measures in place by Drip Yoga LLC. You understand that these risks are inherent to your use of the facilities or participation in such Activities and can range from mild symptoms to major illness, including death. You further understand and voluntarily accept full responsibility on your behalf for the risk of contracting COVID-19.

RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

You understand that participation in the Activities includes, without limitation, strenuous physical and mental activities and exercises, participating in the Activities with other participants, contact with unidentified and unfamiliar persons, participating in the Activities in new and unfamiliar places and manners, exposure to risks in the areas in which the Activities are conducted, and exposure to communicable diseases (including COVID-19 risks). You fully understand that the Activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY OR MENTAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to yourself, your property, and to other third parties and their property, which may be caused by your own actions or inactions, those of others participating in the Activities, the locations, places and/or buildings at, on or in which the Activities take place, the conditions at, on and in which the Activities take place (including equipment, ventilation and surfacing for the Activities), or the negligence or misconduct of any of the “Releasees” named below; and you fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages you or any third parties incur as a result of your participation in the Activities, including property theft. You fully assume all risks associated with the Programs, including: intensive physical activity and exertion, causation or aggravation of a physical injury or medical condition, lack of warnings or inadequate warnings: lack of instructions, inadequate instructions, or my failure to follow instructions: slipping from slippery surfaces such as mats or floors; equipment failure; and the like. You understand that all classes are heated (some as hot as 105 degrees fahrenheit with 40% humidity) using HVAC forced air, infrared heat panels, and a humidifier. You fully assume all risks associated with attending heated classes with added humidity. You understand that music will be played before, during, and after class and that music could contain profanity. You represent that you understand the nature of the Activities. You further represent that you are participating in the Activities voluntarily, and that you are in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. You agree that you will discontinue participation in the Activities if you believe at any time your participation poses a threat to yourself or any third party. If you have any injury or condition that potentially affects your participation in the Activities, you will consult with your physician or other applicable provider regarding your participation, and follow all applicable provider instructions, which is your sole responsibility.

You, on behalf of yourself and anyone who obtains any rights from or through you, hereby forever and irrevocably release and discharge Drip Yoga LLC; the owners, lessors, lessees and any other individual or entity with any interest in the locations, places and/or buildings at, on or in which the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, any technology applications and platforms facilitating the Activities in any manner); any sponsors, advertisers or promoters of any of the foregoing; any of the respective parents, subsidiaries, affiliates, partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, volunteer, employee, instructor, independent contractor, representative or agent of any of the foregoing (each a “Releasee” herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to your participation in or attendance at the Activities; your attendance at the locations, places and/or buildings at, on or in which the Activities take place; or any first aid, treatment or any like service rendered in connection with the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY OR MENTAL INJURY, ILLNESS OR DEATH) caused or alleged to be caused in whole or in part by (i) any Releasee’s own negligence, gross negligence, misconduct or otherwise, including negligent rescue operations; (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with your participation in or attendance at the Activities, or your attendance at the locations, places and/or buildings at, on or in which the Activities take place; (iii) the voluntary disclosure of your medical information; (iii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of your name, image, likeness, voice and/or other personal attribute(s) or other personal information (collectively, your “Personal Attributes”), to the extent permitted by applicable law. You further covenant and agree not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.

You have read this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, understand that you have given up substantial rights by agreeing to it and have agreed to it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. You hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, or to rescind, limit or disaffirm this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.

FOR PARTICIPANTS UNDER 18 YEARS OF AGE:

If you are under 18 years of age, you represent and warrant to Drip Yoga LLC that your parent or legal guardian has reviewed this Liability Waiver and agrees as follows:

I am the parent or legal guardian of participant; I consent to, join in and approve the foregoing Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement; I will ensure that my child honors his/her obligations hereunder; and I will indemnify and hold Releasees harmless from and against any Losses arising out of or in any way related to (i) this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement or the rights granted herein, (ii) my child’s attendance at or participation in any of the Activities, or my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place, (iii) any breach of the above representations, warranties and agreements, or (iv) any attempt to rescind, limit or disaffirm the foregoing. I hereby expressly approve of my child’s attendance at or participation in any or all of the Activities, and my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

The Services give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in this Liability Waiver not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

terms of use

Thank you for using this service, which is owned and operated by Drip Yoga LLC (“Drip Yoga LLC,” “we,” “us,” and “our”). Drip Yoga LLC offers yoga classes, instruction, exercises, memberships, and other programs, events and activities conducted or organized by or through Drip Yoga LLC, whether in-studio, in person, online, live, recorded or otherwise (collectively, with all related activities, the “Activities”). Not all participants in Drip Yoga LLC Activities need to be members of Drip Yoga LLC; however, participants in specific Drip Yoga LLC programs and Activities agree to the additional terms and conditions of those programs and activities, certain of which are set forth below in these Terms of Use (the “Terms of Use”), in the Drip Yoga LLC Student Terms & Conditions, and in the Drip Yoga LLC Liability Waiver, and others are described at the location of those specific programs and activities.

These Terms of Use govern your use of dripyogastudio.com or other websites that are owned or controlled by Drip Yoga LLC and on which we post a link to these Terms of Use (“Website”). The Website, Social Media Pages, and the Activities are collectively referred to as the “Services.” These Terms of Use apply to all users of the Services and govern your use of the Services as well as the products and Activities that are offered on or through the Services. These Terms of Use incorporate the Drip Yoga LLC Student Terms & Conditions, Drip Yoga LLC Liability Waiver, Class Reservation & Cancellation Policy, and Drip Yoga LLC Membership Rules (Promotions), and include legal terms and disclaimers.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE YOU USE OR ACCESS THE SERVICES OR ANY OF THE PRODUCTS OR ENGAGE IN ACTIVITIES THAT ARE AVAILABLE ON OR THROUGH THE SERVICES AS SUCH TERMS AFFECT YOUR LEGAL RIGHTS.

These Terms of Use include an Arbitration Agreement, which will govern any dispute between you and Drip Yoga LLC. Unless you opt out as described below, this Arbitration Agreement will:

Eliminate your right to a trial by jury; and

Substantially affect your rights, including preventing you from bringing, joining, or participating in class, representative, or consolidated proceedings.

I. YOUR ACCEPTANCE OF THESE TERMS OF USE

By accessing or using the Services or any of the products available thereon and/or engaging in Activities, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Services or any of the products available thereon or participate in the Activities.

II. YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. Before using the Services, please carefully review our Privacy Policy and any applicable Privacy Notices, as more particularly described in the Privacy Policy. All personal information provided to us as a result of your use of the Services will be handled in accordance with the Drip Yoga LLC Privacy Policy. To the extent that there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

III. YOUR CONSENT TO OTHER AGREEMENTS

When you sign up to use a special feature of the Services, such as our Text Program, you may be asked to agree to special terms governing your use of the special feature (“Additional Terms”). In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” If any of the terms of the Additional Terms are different from the terms of these Terms of Use, the terms of the Additional Terms will supplement or amend these Terms of Use, but only with respect to the matters governed by the Additional Terms.

IV. THESE TERMS OF USE MAY CHANGE

Drip Yoga LLC reserves the right to modify or add to these Terms of Use at any time, effective as of the posting of the new terms or a later date as may be specified in the new terms. You agree that we may notify you of the new terms by making them available via the Services, and that your use of the Services after the effective date of the new terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the new terms. We therefore encourage you to review these Terms of Use every time you use the Services. We may also provide notice to you of any update to these Terms of Use in other ways in our discretion, such as through contact information you have provided, all in accordance with applicable laws and our Privacy Policy.

V. DISABILITY

If you are unable to review or access these Terms of Use due to a disability, please email us at hello@dripyogastudio.com or call us at 630-984-0334 to access these Terms of Use in an alternative format.

VI. ELIGIBILITY

Services are open to any person(s) sixteen (16) years of age or older. By installing, accessing or using the Services, you represent that you (a) are at least eighteen (18) years of age or the age of majority in your place of residence, or at least sixteen (16) years of age and under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use, and (b) are not located in a country that is subject to a U.S. government embargo, and/or have not been listed on any U.S. government list of prohibited or restricted parties. In addition, you agree to abide by all applicable local, state, national, and international laws, and regulations with respect to your use of the Services and agree not to interfere with the use and enjoyment of the Services by other users, and our operation or management of the Services.

VII. YOUR COMPLIANCE WITH LAWS

Use of the Services is unauthorized in any jurisdiction where all or any portion of the Services may violate any legal requirements, and you agree not to access the Services in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk.

VIII. YOUR COMPLIANCE WITH DRIP YOGA LLC RULES AND DIRECTIONS

By participating in Activities, you agree to observe all rules and directions of Drip Yoga LLC and the locations (in-studio, in person, online or otherwise) at which Activities take place (“Rules”). We reserve the right to take any action that we deem appropriate in the exercise of our discretion, including but not limited to suspension or termination of your privilege to participate in Activities for violation of Drip Yoga LLC Rules and directions.

IX. OWNERSHIP OF THE SERVICES AND ITS CONTENT

The Services, including all their software and code comprising or used to operate the Services, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, literary property, works of authorship and/or other information, documents, materials, or content available on or through the Services (“Content”) are protected under applicable intellectual property and other laws, including without limitation the laws of the United States, Canada, and any other jurisdictions from which you are able to access or use the Services or in which the Services are available. All Content and intellectual property rights in and to the Content are the property of Drip Yoga LLC or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. All rights not expressly granted are reserved.

Subject to these Terms of Use, Drip Yoga LLC grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to use the Services for personal use only in accordance with these Terms (“User License”). Any use of the Services in any other manner, including, without limitation, the resale, transfer, modification or distribution of the Services, Content and the User-Generated Content is strictly prohibited. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any right, title or interest in or to the Services, Content, or User-Generated Content, or any intellectual property (including goodwill) therein or thereto.

You agree not to reverse engineer, decompile, reverse assemble, modify, or attempt to discover any source code that we use or create to generate the Services or any software or other products or processes accessible through the Services. You further agree that, in accessing and using our Content as permitted by these Terms of Use, you will keep intact any copyright or other proprietary notices on the Services and/or Content. You also agree that you will neither (a) use any robot, spider, rover, scraper, or any other data-mining technology or automatic or manual process to monitor, cache, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or Internet browser usage); nor (b) modify, provide access to, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use the Content in any way except as specifically permitted by these Terms of Use or otherwise in writing by Drip Yoga LLC. You agree not to allow or assist any third party in violating or attempting to violate any of the above restrictions or prohibitions, whether or not for your benefit.

X. TRADEMARKS

The Drip Yoga LLC names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Drip Yoga LLC (the “Drip Yoga LLC Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited, or otherwise indicated within the Services are the property of their respective owners. You are not authorized to display or use the Drip Yoga LLC Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Services without the prior written permission of such owners. The use or misuse of the Drip Yoga LLC Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

XI. REGISTRATION AND ACCOUNT CREATION

Drip Yoga LLC may at times require that you register and/or set up an account to access or use the Services. The decision to provide the information necessary to create an account is purely voluntary, however, please be advised that if you elect not to provide the required information, you may not be able to access or use certain materials or features of the Services. When you provide information to us, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.

With respect to any registration or account-creation feature you use, you agree to: (a) create only one account; (b) provide accurate, truthful, current, and complete information when creating your account; (c) maintain and promptly update your account information; (d) help maintain the security of your account by not sharing your user name or password with others and by restricting access to your account and the device(s) from which you access your account; and (e) promptly notify Drip Yoga LLC if you discover or otherwise suspect any security breaches relating to the Services. Your username and password are for your personal use only. If you use the Services, you may not authorize others to use your registration information or account, and you are responsible for your use and disclosure of the same.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

WE HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

XII. PURCHASES

The Services may allow you to purchase certain products. Some situations may result in your order for products being canceled. These include but are not limited to: limitations on the quantities of any products available for purchase; inaccuracies or errors in product or pricing information; product restrictions mandated by local, provincial, national, or international regulations; and problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.

For the avoidance of doubt, we reserve the right, at our sole discretion, to limit quantities available of any product for sale or sold, and the right at any time to reject, correct, cancel, or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your payment method (e.g., credit card) has been charged, we will issue a credit to you (e.g., refund to your credit card you used to make the purchase) in the amount of the charge.

Although we will endeavor to provide you with the most accurate information regarding our products, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on the Services.

Subject to applicable laws, we may amend the Services, as well as the products listed through the Services, and/or the amounts that we charge for same at any time, without prior notice.

XIII. PAYMENT

Drip Yoga LLC does not accept payments in cash. Credit/Debit cards are the only form of payment accepted by Drip Yoga LLC. The prices displayed on the Services are quoted in U.S. dollars only. Fees for any products do not include any applicable sales, use, excise, value-added, or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same. Unless stated otherwise, please note that the price of any products listed on the Services do not include shipping and handling or any applicable sales, use, excise, value-added, or other taxes or duties, including, without limitation, any fees, customs, duties, levies, and other charges that may be incurred in connection with the purchase, sale, import, and/or export of any products to or from your jurisdiction, as imposed under applicable law or by a governmental agency or authority from time to time (collectively, “Taxes and Duties”). For clarity, and without limiting the foregoing, you acknowledge and agree that you are solely responsible for the payment of all Taxes and Duties in connection with your purchase of any products on or through the Services.

XIV. THIRD-PARTY SERVICES AND CONTENT

The Services may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Drip Yoga LLC shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Further, functionality on the Services may also permit interactions between the Services and a third-party website or online feature, including without limitation, applications that connect the Services or your profile on the Services with a third-party website. For example, the Services may include a button enabling you to indicate, on your social networking page, that you “like” specific content on the Services, or a feature that lets you post to your social networking page a link to specific content from the Services or the ability to share content from the Services or your User Generated Content posted at the Services with a third party, which may be publicly posted on that third party’s website. Using this functionality typically requires you to login to your account on the third-party website and you do so at your own risk.

XV. MODIFICATION AND DISCONTINUATION

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend, or discontinue, temporarily or permanently, the Services (or any portion thereof) and/or the information, materials, products, and/or services available through the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Services.

XVI. CANCELLATION POLICY

I understand and agree to Drip Yoga LLC’s late-cancel and no-show policy and understand the fees involved. I must cancel my class more than 12 hours prior to the class start time in order to unreserve my spot and return it to my account. If I cancel my class 12 hours or less prior to the class start time, this will be considered a “late-cancel.” If I do not show up to my class and do not cancel, this will be considered a “no-show.” I understand that Drip Yoga LLC will automatically charge any late-cancel or no-show fees to my credit card on file.

A) Membership Programs

i. Late-cancel is a $15 fee. No-show is a $20 fee.

B) Single Classes, Class Packs and New Client Specials.

i. Late-cancel is a $15 fee. No-show results in loss of class credit.

XVII. RIGHT TO REFUSE

The Drip Yoga LLC Management Team and Instructors reserve the right to refuse entry to our studio to customers when necessary for any reason, including but not limited to, inappropriate or offensive conduct and health concerns. Customers may be banned from participating in programs, workshops, or attending classes when their conduct in the studio (either with fellow students or with instructors) is deemed inappropriate and/or unsafe towards the other patrons. The Drip Yoga, LLC Management Team may use their discretion to determine when conduct has elevated to the level of warranting refusal of entry to our studios.

XVIII. APPEARANCE RELEASE

I, the undersigned, authorize Drip Yoga LLC, affiliates, subsidiaries, licensees, agents, representatives, officers, directors, employees, successors and assigns (“Drip Yoga”) to make use of my appearance on Drip Yoga’s website, social media channels, and app. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, I agree that Drip Yoga may film and/or photograph me, and record my voice, in connection with my appearance. I understand that Drip Yoga will be the sole owner of the results and proceeds of such filming, photographing and recording (“Materials”) with the exclusive right, throughout the world, including copyright, to use and to license others to use all or any portion of the Materials. Drip Yoga is not obligated to use the Materials. I further agree that Drip Yoga may use and license others to use the Materials, my name, voice, likeness, mannerisms, characteristics and any other biographical material concerning me for promotion, advertising, sale, re-creations of events in connection or otherwise throughout the universe, in all media, now known or hereafter devised, in perpetuity. I further represent that any factual statements made by me during my appearance are true, to the best of my knowledge, and that neither my appearance nor any statements made by me will violate or infringe upon the rights of any third party. I waive any right of inspection or approval of my appearance, including any Materials related to my appearance in the project. I acknowledge that Drip Yoga will rely on this permission, potentially at substantial cost to Drip Yoga, and I agree not to assert any claim of any nature whatsoever (including any claims for injunctive relief or money damages, all of which I hereby knowingly waive) against anyone relating to the exercise of this permission or to the use of the Materials by Drip Yoga, or with the consent of Drip Yoga. I agree to release, defend, indemnify and hold Drip Yoga harmless from any and all claims, demands, costs (including outside attorneys’ fees) and causes of action of any kind or nature whatsoever now and in the future, including without limitation defamation, bodily harm, infliction of emotional distress and invasion of privacy, arising out of or in connection with my appearance, statements or actions in or in connection with this material. I agree not to issue any press releases or other public statements, or speak to the press about the project or my involvement in the project without Drip Yoga LLC’s prior written permission.

XIX. ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER

Mandatory Binding Individual Arbitration. Except as expressly provided below, you agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity, or any other legal theory) between you and Drip Yoga LLC (whether arising out of or relating to past, present, or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).

Waiver of Class Actions. You and Drip Yoga LLC each agree that each party will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.

Waiver of Jury Trial. Each party waives its constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.

Opt-out. You may opt out of this Arbitration Agreement if you send Drip Yoga LLC a signed, written opt-out notice within thirty (30) days of your initial visit to the Services. Any opt-out notice shall be sent to Drip Yoga LLC at: hello@dripyogastudio.com.

Small Claims Not Subject to Arbitration. Should a Claim fall within the jurisdictional limit of either party’s local small claims court, either party may bring individual Claims in small claims court.

Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.

Arbitration Provider. The party initiating arbitration will initiate arbitration before JAMS, Inc. (“JAMS”) or any successor to JAMS, which is an alternative dispute resolution provider (“ADR Provider”). In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case.

Arbitration Rules. The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (available at https://www.jamsadr.com/rules-comprehensive-arbitration/)(“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.

Arbitration Location. If an in-person hearing is required, then it will take place in DuPage County, Illinois, unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time, and place of any remote hearings).

Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.

Arbitrator’s Authority and Award. The arbitrator will decide any dispute regarding the enforceability and/or scope of this Arbitration Agreement. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.

Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.

XX. MISCELLANEOUS

Firearms/Weapons

All firearms and weapons are strictly prohibited at any and all Drip Yoga LLC premises or at any off-site classes or events hosted by Drip Yoga LLC.

Communications

By providing us your telephone number, including your mobile telephone number, you authorize Drip Yoga LLC to contact you at the number you provided regarding your participation in Activities, including but not limited to cancellations, waitlist changes, and updates to your billing information. You agree we may contact you by telephone call or text message, using an automatic telephone dialing system and/or a prerecorded message. You agree that we may monitor or record any conversation or other communication with you.

No Assignment

These Terms of Use are not assignable, transferable, or sublicensable by you except with the prior written consent of a duly authorized Drip Yoga LLC employee.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Drip Yoga LLC or any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

Governing Law

These Terms of Use will be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule. For any dispute that is not subject to the Arbitration Agreement herein, the parties hereby submit to and consent to the jurisdiction of the State of Illinois and agree that such litigation shall be conducted in state or federal court in the County of DuPage, Illinois. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

Entire Agreement

These Terms of Use (together with the Drip Yoga LLC Student Terms & Conditions and Drip Yoga LLC Privacy Policy) contain the entire understanding and agreement between you and Drip Yoga LLC with respect to the Services and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Drip Yoga LLC with respect to the Services and your use of this Site.

terms + conditions

These Drip Yoga LLC Student Terms & Conditions (the “Student Terms & Conditions”) govern your participation in Activities as defined in the Drip Yoga LLC Terms of Use and include legal terms and disclaimers. All capitalized terms not otherwise defined herein shall have the same meaning as the Drip Yoga LLC Terms of Use. The Drip Yoga LLC Terms of Use are incorporated by reference into these Student Terms & Conditions.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE YOU USE OR ACCESS THE SERVICES OR ANY OF THE PRODUCTS OR ENGAGE IN ACTIVITIES THAT ARE AVAILABLE ON OR THROUGH THE SERVICES, AS THESE STUDENT TERMS & CONDITIONS AFFECT YOUR LEGAL RIGHTS.

These Student Terms & Conditions include an Arbitration Agreement, which will govern any dispute between you and Drip Yoga LLC. Unless you opt out as described below, this Arbitration Agreement will:

Eliminate your right to a trial by jury; and

Substantially affect your rights, including preventing you from bringing, joining, or participating in class, representative, or consolidated proceedings.

I. YOUR ACCEPTANCE OF THESE STUDENT TERMS & CONDITIONS

By engaging in Activities, you are agreeing to comply with and be bound by these Student Terms & Conditions. If you do not agree to these Student Terms & Conditions, you may not access, use, or participate in the Activities.

II. THESE STUDENT TERMS & CONDITIONS MAY CHANGE

Drip Yoga LLC reserves the right to modify or add to these Student Terms & Conditions at any time, effective as of the posting of the new or revised Student Terms & Conditions or a later date as may be specified in the new or revised Student Terms & Conditions. You agree that we may notify you of the new or revised Student Terms & Conditions by making them available via the Services, and that your use of the Services after the effective date of the new or revised Student Terms & Conditions (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the new or revised Student Terms & Conditions. We therefore encourage you to review these Student Terms & Conditions every time you use the Services. We may also provide notice to you of any update to these Student Terms & Conditions in other ways in our discretion, such as through contact information you have provided, all in accordance with applicable laws and our Policies.

III. YOUR COMPLIANCE WITH DRIP YOGA LLC RULES & DIRECTIONS

IV. DRIP YOGA LLC MONTHLY MEMBERSHIP PROGRAM (AUTO-RENEWING) TERMS AND CONDITIONS

The Drip Yoga LLC All Access Membership Program (the “All Access Membership”) is a program of Drip Yoga LLC. The All-Access Membership is designed to offer benefits to Drip Yoga LLC students who commit to a monthly autopay membership. The terms and conditions of the Membership Program (the “Membership Program Rules”) are as follows:

1. Membership Program Eligible Participants; Enrollment; Continuing Eligibility

Eligible participants in the All-Access Membership are individuals who enroll for a monthly autopay Drip Yoga LLC membership using a valid debit or credit card and maintain on file a valid debit or credit card for charges described below. As part of enrollment or continued membership, any other required membership documents, agreements, and waivers must also be completed and submitted, including any All-Access Membership forms. To continue to be eligible in the All-Access Membership, the participant’s membership and membership account must remain in good standing with Drip Yoga LLC at all times, including, without limitation, by not freezing or canceling as described in Section 5. below, or changing the participant’s Drip Yoga LLC membership, or allowing the participant’s Drip Yoga LLC membership to be terminated or lapse, and by continually maintaining payment by autopay for participant’s monthly membership fees. Once All Access Membership eligibility ceases, a member may not take advantage of All Access Membership benefits. Drip Yoga LLC reserves the right to change the monthly membership rate from time to time, subject to any applicable discounts or promotions. Drip Yoga LLC also reserves the right to adjust the member’s rate to the then-current monthly membership rate of the billing zip code associated with the member’s credit card on file if that rate differs from the applicable rate at the studio at which the member signed up or in the event the member relocates to a geography on a different price structure from the member’s original home studio, subject to any discounts or promotions the member was subject to at the time of inception of the membership.

2. Benefits of the Membership Program

As of the date of these Membership Program Rules, the standard benefits of the All-Access Membership are as follows:

A. Unlimited Yoga; Monthly Fee; Surcharges. Unlimited participation in open yoga classes at the Drip Yoga LLC studio, subject to class size and availability. The All-Access Membership fee is a monthly fee. All-Access Program membership fees for online membership purchases are set forth at www.dripyogastudio.com. Members’ membership fees are subject to change after enrollment. Membership fees are subject to applicable taxes, assessments and, as described below, Drip Yoga LLC surcharges. Membership is nontransferable and nonrefundable.

B. Special Offers. Special classes and offers that may be offered from time to time by Drip Yoga LLC locations for All Access Membership members.

3. Restrictions

All-Access Membership benefits are nontransferable and may only be used by the applicable member, and only so long as the individual is in good standing with Drip Yoga LLC. All-Access Membership benefits have no cash value and are not redeemable for cash or any substitute. All-Access Membership benefits cannot be combined with any other offer, coupon, or promotion, including any other promotional offers available to All-Access Membership participants through the All-Access Membership. All-Access Membership benefits cannot be applied to a prior purchase.

4. Founding Membership Program - Additional Terms and Benefits

Founding Membership Program (“Founding Membership”) is a special category of the Membership Program available only to new members of a newly opening Drip Yoga LLC studio who respond to an offer from Drip Yoga LLC to enroll in the Membership Program with a discounted monthly membership fee. Members are subject to the general Membership Program Rules, and additional terms and conditions below:

Discounted Membership Fee. The Founding Membership is a discounted monthly fee as set forth in the invitation for the applicable new studio. Membership freezes and cancellations are subject to the terms described in Membership Program benefits above. There is no activation fee. The minimum commitment is two (2) months. Prices are subject to applicable taxes, assessments and, as described above, Drip Yoga LLC surcharges. Membership is nontransferable.

Eligibility. Eligible participants in the Founding Membership are individuals who (a) have not had in the four (4) months prior to requesting enrollment in a Founding Membership at the applicable new Drip Yoga LLC studio any of the following: (i) a Drip Yoga LLC Membership Program membership of any kind, and (ii) any other form of monthly membership, and (b) enroll for a monthly autopay Drip Yoga LLC membership using a valid debit or credit card for a new, to-be-opened, Drip Yoga LLC studio at which memberships for such studio are offered by Drip Yoga LLC. As part of enrollment, all required membership documents, agreements and waivers must also be completed and submitted, including any Membership Program or Founding Membership Program forms. Enrollment for Founding Membership for a new studio begins at the time Drip Yoga LLC begins publicly distributing invitations for such new studio and ends when the deal is no longer being offered. To continue to be eligible for the Founding Member membership, the participant’s membership and membership account must remain in good standing with Drip Yoga LLC at all times, including, without limitation, by not terminating or changing the participant’s Drip Yoga LLC membership, or allowing the participant’s Drip Yoga LLC membership to be terminated, canceled or lapse, and by continually maintaining payment by autopay for participant’s monthly membership fees. Once eligibility ceases, a member will no longer have the Founding Membership or other Membership Program benefits. The monthly membership rate shall be based on then-current Founding Membership monthly rate associated with the studio at which the member signs up and subject to any applicable promotions or discounts. Drip Yoga LLC reserves the right to change the monthly membership rate from time to time, subject to any applicable discounts or promotions. Drip Yoga LLC also reserves the right to adjust the member’s rate in the event the member relocates, subject to any discounts or promotions the member was subject to at the time of inception of the membership.

5. Auto-Renewal Agreement Terms and Member Card Charge Authorization

All-Access Membership Program and Founding Membership Program, (each a “Monthly Program”) are all monthly auto-renewing memberships with a two-month minimum commitment. Drip Yoga LLC reserves the right to create additional monthly programs in the future. You understand that your Monthly Program membership will continue to renew monthly until you properly freeze or cancel your membership (as described in “Freezes and Cancellations” below). You understand that you will be expected to pay any and all fees and charges associated with your account that are outstanding when your account is frozen or canceled.

You authorize Drip Yoga LLC, and their respective third-party payment processor(s) to charge your debit or credit card on a monthly basis for the price of your Monthly Program membership, and for any other fees and charges as and when incurred by you in using your Drip Yoga LLC membership, or Drip Yoga LLC products, services, or facilities, including without limitation, all reservation and late cancel/no show fees. Changes to this authorization agreement by Drip Yoga LLC will be reflected in any changes to this Auto-Renewal Agreement Terms and Member Card Charge Authorization. We will notify you of any changes to these Auto-Renewal Terms and Member Card Charge Authorization via email to the email address associated with your account.

A. Freezes, Cancellations and Terminations

(i.) Freeze. A Monthly Program member may for up to (but not more than) one (1) month in a calendar year (which must be consecutive weeks) freeze the member’s Monthly Program membership. During the freeze month, the member will not receive any Monthly Program or other Drip Yoga LLC benefits, but will maintain the member’s Monthly Program rate. In the event the member is pregnant or deployed to active military duty, Drip Yoga LLC may permit a member to freeze a membership for longer than 1 month and may request information reasonable to verify deployment or pregnancy. To freeze your Monthly Program membership, email hello@dripyogastudio.com with “FREEZE MY ACCOUNT” in the subject line. Your unfrozen membership will be subject to the Auto-Renewal Agreement Terms and previously-provided Member Card Charge Authorization described above in “Auto-Renewal Agreement Terms and Member Card Charge Authorization.” Your Monthly Program and Drip Yoga LLC benefits will reinstate once one (1) freeze month has been used in a calendar year and you will be charged for the next month’s membership following the end of your freeze on the first day of your billing cycle. You may also unfreeze your Monthly Program membership by emailing hello@dripyogastudio.com with “UNFREEZE MY ACCOUNT” in the subject line. A freeze is based on the member’s monthly billing cycle and will take effect after the last day of the current member billing cycle month; Drip Yoga LLC does not prorate months of membership, does not provide refunds or credits for any partial month, and does not freeze accounts for partial months. If you cancel your membership during the freeze, you will forfeit Monthly Program Enrollment and benefits, and may later reapply for Drip Yoga LLC membership at then-current Drip Yoga LLC membership rates, subject to any applicable terms, conditions, limitations, and restrictions.

(ii.) Cancellation. The services under this Agreement shall begin within six (6) months after the date of the Agreement, and if the services have not begun within such time frame, you may cancel this agreement and receive a pro rata refund. You may also have a right to immediate cancellation in specific circumstances, including in the event of death or disability or other circumstances as required by law.

In all other circumstances not set forth in the prior paragraph, you have the right to cancel your membership in a Monthly Program at any time, after the two-month minimum commitment, for any reason with 30 days’ notice to us, with notice effective on the business day following the day that you notify us of cancellation. Your membership and access to Monthly Program Enrollment and benefits will terminate effective 30 days after the effective date of your notice of cancellation to us. To cancel your Monthly Program membership, email hello@dripyogastudio.com with “CANCEL MY MEMBERSHIP” in the subject line.

(iii.) Termination. Drip Yoga LLC may terminate your membership in a Monthly Program, in its sole discretion, if (1) you fail to make timely payments; (2) your method of payment is canceled, interrupted or discontinued for any reason and you do not provide an acceptable alternative; (3) you fail to follow policies posted by Drip Yoga LLC in studio or online or instructions given by a Drip Yoga LLC instructor or other employee; or (4) you engage in conduct that Drip Yoga LLC deems to be detrimental, harmful or inappropriate to yourself, a fellow student, employee of Drip Yoga LLC or Drip Yoga LLC.

(iv.) Rejoining. If you cancel your membership in a Monthly Program and wish to become a member again, you must re-enroll for a monthly membership program at the then-prevailing Drip Yoga LLC Monthly Program membership rates, subject to any applicable terms, conditions, limitations, and restrictions. If Drip Yoga LLC exercises its right to terminate your membership in a Monthly Program, Drip Yoga LLC reserves the right to refuse a request to rejoin.

B. Additional Card Charge Authorization

In addition to the member card charge authorizations for memberships elsewhere in these Student Terms & Conditions and Drip Yoga LLC Terms of Use (if applicable), you understand, whether or not you are a member, you may also be separately asked to provide a valid debit or credit card to keep on file with Drip Yoga LLC for future transactions. By providing your debit or credit card in response to such inquiry, you authorize Drip Yoga LLC, its franchisees, and their respective third-party payment processor(s) to charge your debit or credit card for any fees and charges as and when incurred by you in using Drip Yoga LLC products, services, or facilities, including without limitation all mat rental or other charges, reservation, and late cancel/no show fees. Changes to this authorization agreement by Drip Yoga LLC will be reflected in any changes to this Additional Card Charge Authorization.

C. Other Offers

Drip Yoga LLC may also offer any Monthly Program through specific and/or restricted portals or methods (for example, specific Drip Yoga LLC social media sites), and offer different, additional and/or modified benefits, terms and conditions for participants accepting through such portals or methods. Drip Yoga LLC reserves the right to condition eligibility for such offers to participants utilizing such portal/method to accept or respond to such offer. For such additional eligibility requirements and, if applicable, different, additional and/or modified benefits, consult the terms of the specific offer. The foregoing actions may be taken even though such actions may affect benefits in any Monthly Program or your participation therein.

V. PURCHASED STUDIO CLASSES TERMS AND CONDITIONS

If you are not a Drip Yoga LLC Membership Program member, you may purchase individual Drip Yoga LLC in-studio classes at www.dripyogastudio.com or from a participating Drip Yoga LLC studio. In our various materials, we may refer to a class or classes as “purchased studio class/classes,” “in-studio class/classes,” “studio class/classes,” or simply “class/classes,” and to multiple classes available for purchase and storage in your account as a “class pack.” Drip Yoga LLC may also make available studio classes on a promotional basis from time to time, on such additional or other terms and conditions applicable to the promotion. You must have a Drip Yoga LLC account to make a studio class purchase. If you do not have a membership or an account, you must create an account at www.dripyogastudio.com. Purchased classes will be reflected in your account and may be redeemed and used only at Drip Yoga LLC participating studios for eligible Drip Yoga LLC classes. Purchased classes are personal to the purchaser and are not assignable or transferable. Purchased classes are subject to restrictions, which may vary from time to time.

Purchased classes are nonrefundable unless otherwise required by applicable law, nor does Drip Yoga LLC charge fees associated with purchased classes. Any and all new student special(s) expire 30 days from the date of purchase. Single class and multiple class pack(s) expire one year from the date of purchase.

Purchased classes, whether single class or multiple class, are subject to the Drip Yoga LLC Class Reservation & Cancellation Policy (the “Class Reservation & Cancellation Policy”). Class Reservation & Cancellation Policy is incorporated by reference and available via the Services.

VI. ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER

Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.

Arbitration Location. If an in-person hearing is required, then it will take place in Chicago, Illinois, unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any remote hearings).

Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.

Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.

VII. MISCELLANEOUS

1. No Assignment. These Student Terms & Conditions are not assignable, transferable, or sublicensable by you except with the prior written consent of a duly authorized Drip Yoga LLC employee.

2. Waiver. Drip Yoga LLC’s failure at any time to require performance of any provision of these Student Terms and Conditions or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Drip Yoga LLC or any breach of any provision of these Student Terms & Conditions or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Student Terms & Conditions

3. Severability. If any provision of these Student Terms & Conditions is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Student Terms & Conditions will remain in full force and effect.

4. Governing Law. These Student Terms & Conditions will be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule. For any dispute that is not subject to the Arbitration Agreement herein, the parties hereby submit to and consent to the jurisdiction of the State of Illinois and agree that such litigation shall be conducted in state or federal court in the County of DuPage, State of Illinois. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Student Terms & Conditions is taking place or originating.

5. Entire Agreement.

These Student Terms & Conditions (together with the Drip Yoga LLC Terms of Use and Drip Yoga LLC Liability Waiver, all found at www.dripyogastudio.com) contain the entire understanding and agreement between you and Drip Yoga LLC with respect to the Services and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Drip Yoga LLC with respect to the Services and your use of this Site.

contact us

If you have any questions regarding the Terms & Conditions, Terms of Use, Liability Waiver, or the Services, please contact us using the following information:

Drip Yoga LLC Corporate Headquarters: 526 Duane Street, Glen Ellyn, Illinois

Email: hello@dripyogastudio.com

privacy notice

This Privacy Policy and Notice (we refer to it as our “Privacy Notice”) describes how Drip Yoga LLC (“Drip Yoga LLC” or “we” or “us” ) collects, uses, shares, and protects information about you when you (1) visit us at https://www.dripyogastudio.com (the “Website”); (2) communicate with us or the Website via email, text message, and other electronic messages; and (3) interact with us offline, such as on the telephone, in writing or in-person. We adopt this Privacy Notice to fulfill our commitment to you and comply with legal obligations as we process personal information, described below, in order to fulfill our service commitment to you.

This Privacy Notice does not apply to information collected or used by any third party or affiliate, including those that may link to or can be accessible via the Website. Please review their policies. Drip Yoga LLC is not responsible for the content or the privacy policies or practices of third-parties, their Websites or their apps.

Before accessing, using, or interacting with the Website you should carefully review this Privacy Notice. We may change our Privacy Notice and Terms of Service from time to time and encourage you to review them whenever you interact with us.

User Consent: By choosing to interact with Drip Yoga LLC, including through our Website, platforms, applications, products, services and events, and by communicating with us via email, telephone or in person, you consent to the collection and use of information as described in this Privacy Notice and you represent that you are at least 18 years old. If you are under the age of 18 or you do not consent to the collection, use and/or disclosure of your personal information as set forth in this Privacy Notice, please exit and do not use our Website or other services.

What Personal Information Does Drip Yoga LLC Collect?

Drip Yoga LLC collects your information, as described herein, with the assistance of a third-party, service provider, Mariana Tek, an entity we have engaged to maintain our Website and the associated offerings on our Website, including the user accounts our clients establish and to support us in other ways, including to collect and store the information furnished by our clients and users, to support the usage of the personal information for our legitimate business purposes outlined in this Privacy Notice and to securely store the information you share. You can read more about Mariana Tek’s privacy and security on the company’s website at: https://marianatek.com/privacy.

Here is what we may collect from you:

● When you create an account (a “Drip Yoga LLC Account”), we may collect your name, email, address, month and date of birth, phone numbers, username and password

● When you e-mail us, sign up for notifications, subscribe to our newsletters or mailing lists, we may or our service provider may collect your name and email

● When you make a purchase of clothing, accessories or other amenities for your Drip Yoga LLC experience, Mariana Tek may collect and store information on the items purchased, your payment method and information, billing and shipping information, name, telephone number and email

Our service provider, Mariana Tek, may also receive and store certain types of information automatically when you interact with us online or with the Website. For example, it may collect:

● Cookies (small bits of information that are stored on your hard drive or in connection with your Internet browser), web beacons (small images embedded into websites or emails that send information about your computer, tablet, phone, or other device), links, and other tracking technologies to gather Information regarding your use and interaction with the Website and certain other online activities (including sites you visit, your browser type, operating system, and interactions with our content and emails)

● Data and Mobile Analytics to collect information about your website usage, performance data, app errors, and debugging information from where the Website was downloaded

● Log File Information to learn your IP address, browser type, access times, domain names, operating system, the referring web page(s), pages visited, location, mobile carrier, device information (including IDs), search terms, and cookie information

We also use Google Analytics (https://policies.google.com/technologies/partner-sites), who may track the number of visitors to our Website and provides us information regarding your browsing activities and interests Drip Yoga LLC also learns about you through information you make publicly available, such as on a social network or social media platforms. Please note, any content or information you share with or provide to third parties regarding Drip Yoga LLC, your communications with Drip Yoga LLC, or using or related to the Website may not be private or confidential and is not the responsibility of Drip Yoga LLC.

How Does Drip Yoga LLC Use Information About Me?

Drip Yoga LLC does not directly use or process your information. However, our third-party provider may use and process information about you for one or more of our legitimate business purposes. For example, Drip Yoga LLC and/or our Service Providers may use your information to:

● Fulfill or meet the reason your information was collected or provided

● Deliver communications, information or services, and promotions

● Allow you to participate in interactive features on our Website and on your personal account with Drip Yoga LLC

● Provide support to you and other users

● Present, optimize, and maintain the security of our Website and their contents

● Register, maintain, and provide notifications to you about your Website Account

● Detect and prevent fraud or other crimes

● Respond to law enforcement requests and as required by applicable law or court order

● Personalize your Website experience and to deliver content, product and service offerings relevant to your interests, including targeted offers through our Website, third-party sites, and via email or text message (with your consent, where required by law)

Does Drip Yoga LLC Share the Information It Receives About Me?

Drip Yoga LLC does not and will not sell your personal information. We may share information about you, including personal information, with Service Providers with whom we have entered into contracts that require personal information be kept confidential and prohibit the retention, use, or disclosure of personal information for any purpose other than the services specified. Drip Yoga LLC does not share or disclose information for commercial purposes without your consent, except as described below:

● Service Providers: We employ other companies and individuals to perform functions on our behalf, including sending mail and e-mail, analyzing data (such as Google Analytics), providing marketing assessments, providing analytics information, processing payments and providing data hosting (such as Mariana Tek and as specified herein). They have access to personal information needed to perform their functions, but not for other purposes.

● Lawful Requests and Safety: We release personal information when we believe it is appropriate to comply with the law, it is necessary to protect our interests, to prevent fraud or other illegal activity, and to protect the safety of any person. Nothing in this Privacy Notice is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

We take commercially reasonable steps to ensure that our Service Providers reasonably protect your information. If Drip Yoga LLC becomes aware that a Service Provider is using or disclosing information improperly, we will take necessary steps to end or correct such improper use or disclosure.

While we attempt to protect the information in our possession, and account for the protection of information provided to our Security Providers through us, no security system is perfect and we cannot promise that information about you will remain secure in all circumstances. Please do your part to help us keep your information secure. You are responsible for maintaining the confidentiality of your password and Website Account(s), and for all activities that occur under your password or Website Account. Drip Yoga LLC specifically reserves the right to terminate your access to the Website and any contract you have with Drip Yoga LLC related to the Website in the event it learns or suspects you have disclosed your Website Account or password information to an unauthorized third party.

What Choices Do I Have?

We welcome you to contact us at dripyogastudio.com regarding how we communicate with you and the information collected about you, including the use of the data, the nature and accuracy of the data, to request an update, modification, or deletion or to opt-out of certain uses of data. Under certain circumstances, you may also request to withdraw consent previously provided. We will endeavor to accommodate your request to the extent feasible and where required by law.

Changes to Our Privacy Notice

Drip Yoga LLC may modify this Privacy Notice from time to time. The most current version of this Privacy Notice will govern our use of your information and will be located at dripyogastudio.com/terms. We will notify you of material changes to this policy by posting a notice on the Website or by emailing you at an email address associated with your Website Account, if applicable, and provide an “at a glance” overview of any changes.

Contact for More Information

Drip Yoga LLC is located at 526 Duane St. Glen Ellyn, IL 60137. Should you have any comments or questions about how we collect and use your personal information, communication can be directed to Drip Yoga LLC’s email address at hello@dripyogastudio.com.