These Terms and Conditions govern your use of our online platform for booking yoga classes, as well as booking in the Studio or taking one of our online classes. By booking a class, use the Tranquility website or subscribing to our services, you agree to these Terms and Conditions and all in-studio rules whether a first-time student or frequent patron. Please read them carefully. Tranquility wellness studio will be referred to as “Studio”.  Users of Tranquility Wellness Studios services will be referred to as “Clients or Members.” https://www.tranquilitywellnessyuma.com is the Studio’s website and will be referred to as the “Site”.

CANCELLATION INFORMATION BELOW

1. Memberships

1.1 Monthly memberships: All memberships must be held in an active status for at least two billing cycles.  There is no contract fee or sign-up fee for memberships.

1.2 Monthly membership cancellation:  Clients have a 24-hour period after the INTIAL purchase of any monthly membership to cancel for a full refund, no refund will be issued after the 24-hour amnesty period. Verbal or written Correspondence for a recurring membership cancellation must be received within 30 days of the Membership remittance date. Once a cancellation request is made Members will have the full following month to use their memberships. 

2. Cancellation and Refunds
2.1 Cancellation by You: You may cancel your booking up to 1 hour before the class starts for a full refund. Cancellations made after this period will not be refunded. Refunds are in the form of cash, credit card, or session credit to the client.
2.2 Cancellation by Us: We reserve the right to cancel or reschedule classes due to unforeseen circumstances. In such cases, you will be offered an alternative class or a full refund.
2.3 Refunds: Refunds will be processed within 2 working days and will be credited back to the original payment method.

2.4 Unlimited mat membership no-shows: Unlimited members that no-show a class that they booked either online or in person at the studio and the member did not cancel within 1 hour before the class start time will be assessed a $15 dollar fee for non-cancellation. Agreeing to these terms and conditions authorizes “The Studio” to charge the members credit card on file or invoice the client for the non-cancellation fee.  Failure to pay this fee will cause the member to be in violation of this agreement and the member will not be permitted to attend classes or events at the studio and their membership could be revoked with no prorated amount of the membership due to the client.

 

3. Booking and Payment
3.1 Booking Process: All bookings must be made through our online site, invoice upon request or in person. Availability of classes is subject to change and is on a first-come, first-served basis. The exception is “Unlimited” membership members will have the option to book workshops before all other patrons.
3.2 Payment: Payment must be made at the time of booking or deferred until in studio. All prices are listed in US dollars and include applicable taxes unless stated otherwise.
3.3 Confirmation: A booking is only confirmed once payment has been successfully processed and you receive a confirmation email from us.

 

4. Class Conduct
4.1 Punctuality: Please ensure you join the class on time. After 5 mins Late arrivals may not be admitted to the class and will not receive a refund.
4.2 Environment: You are responsible for ensuring that your environment is safe and suitable for participating in an online yoga class. We are not liable for any injuries sustained during the online class and a Tranquility Health Waiver must be filled out and signed 
4.3 Technology Requirements: You must have a stable internet connection, a functioning device, and any necessary software to access the online class. We are not responsible for any technical issues on your end.
 

5. Liability                                                                                                                                                                                     5.1 Waiver: By participating in the Studio’s aerial, mat, massages, workshops, online classes, ACU wellness and any other Studio service, you acknowledge that yoga involves physical activity and accept all risks associated with it. You release us from any liability for injuries, damages, or losses incurred during or after the class and agree to attend classes, events, and workshops without being under the influence of drugs or alcohol
5.2 Medical Disclaimer: If you have any health concerns, please consult with your doctor before participating in our classes. You are responsible for practicing within your limits and modifying exercises as needed.

6. Privacy                                                                                                                                                                                               6.1 Data Collection: We collect personal information as part of the booking process. This information is used solely for the purpose of managing your booking and providing you with our services.
6.2 Data Sharing: We do not share your personal information with third parties, except as required by law or necessary for payment processing.
6.3 Photos.  By agreeing to these terms and conditions, Tranquility Wellness Studio has authorization to take your photo and use it on anyone of our marketing platforms with prior consent from the photographed person. 
6.4 Website profile. To practice online or at the studio you must have an active profile on Wix.  By agreeing to these terms and conditions you give Tranquility Wellness Studio authorization to make a profile for administrative and marketing purposes. If you use this site or any version of Wix or booking services related to Tranquility Wellness Studio, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Tranquility Wellness Studio is not responsible for third party access to your account that results from theft or misappropriation of your account. Tranquility Wellness Studio and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 
6.5 Marketing. You will be automatically subscribed to receive marketing emails from Tranquility Wellness Studio.  You may opt to unsubscribe on your online profile or from an email sent from Tranquility Wellness Studio.                                                                                                                                                                                                                                                                                        
6.6 Website Privacy: Your use of https://www.tranquilitywellnessyuma.com is subject to Tranquility Wellness Studio's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.                                                                                                                                  6.6 Electronic Communications:  Visiting https://www.tranquilitywellnessyuma.com or sending emails to Tranquility Wellness Studio constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such

6.7 Website No Unlawful or Prohibited Use/Intellectual Property 
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.tranquilitywellnessyuma.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Tranquility Wellness Studio that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Tranquility Wellness Studio or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

6.8 No modification/exclusive content: You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Tranquility Wellness Studio content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Tranquility Wellness Studio and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tranquility Wellness Studio or our licensors except as expressly authorized by these Terms. 

6.9 Children under 13 and Minors: 
Tranquility Wellness Studio does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.tranquilitywellnessyuma.com only with permission of a parent or guardian. All minors must have a guardian sign a waiver on their behalf prior to taking part in any service or class, whether online or in person.

7. Intellectual Property
7.1 Content Ownership: All content provided online, on the website or in the studio during our classes, including videos, audio, and written materials, is the intellectual property of FRDM Heart LLC dba Tranquility Wellness Studio and may not be copied, distributed, or used for any other purpose without our express permission.
7.2  Modifications to Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time. Any changes will be posted on our website and will take effect immediately. Your continued use of our services constitutes your acceptance of the revised Terms and Conditions.
7.3 Governing Law
These Terms and Conditions are governed by the laws of Arizona. Any disputes arising from these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Arizona

8. Indemnification 
8.1 You agree to indemnify, defend and hold harmless Tranquility Wellness Studio, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tranquility Wellness Studio reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tranquility Wellness Studio in asserting any available defenses. 

8.2 Links to Third Party Sites/Third Party Services: https://www.tranquilitywellnessyuma.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Tranquility Wellness Studio and Tranquility Wellness Studio is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tranquility Wellness Studio is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tranquility Wellness Studio of the site or any association with its operators. 

8.3 International Users: The Service is controlled, operated and administered by Tranquility Wellness Studio from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Tranquility Wellness Studio Content accessed through https://www.tranquilitywellnessyuma.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

9. Arbitration 
9.1 In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 
9.2 Class Action Waiver: Any arbitration under these terms and conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and tranquility wellness studio agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. 
  
                                                                             LIABILITY DISCLAIMER 
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRANQUILITY WELLNESS STUDIO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 
  
TRANQUILITY WELLNESS STUDIO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRANQUILITY WELLNESS STUDIO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 
  
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRANQUILITY WELLNESS STUDIO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRANQUILITY WELLNESS STUDIO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 
  
                                                                 TERMINATION/ACCESS RESTRICTION 
TRANQUILITY WELLNESS STUDIO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE YOUR ACCESS TO THE SITE AND THE RELATED SERVICES OR ANY PORTION THEREOF AT ANY TIME, WITHOUT NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF ARIZONA AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN ARIZONA IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF THE SITE. USE OF THE SITE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, THIS SECTION. 
  
YOU AGREE THAT NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU AND TRANQUILITY WELLNESS STUDIO AS A RESULT OF THIS AGREEMENT OR USE OF THE SITE. TRANQUILITY WELLNESS STUDIO'S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF TRANQUILITY WELLNESS STUDIO'S RIGHT TO COMPLY WITH GOVERNMENTAL, COURT AND LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE SITE OR INFORMATION PROVIDED TO OR GATHERED BY TRANQUILITY WELLNESS STUDIO WITH RESPECT TO SUCH USE. IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE PURSUANT TO APPLICABLE LAW INCLUDING, BUT NOT LIMITED TO, THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH ABOVE, THEN THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED SUPERSEDED BY A VALID, ENFORCEABLE PROVISION THAT MOST CLOSELY MATCHES THE INTENT OF THE ORIGINAL PROVISION AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN EFFECT. 
  
UNLESS OTHERWISE SPECIFIED HEREIN, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE USER AND TRANQUILITY WELLNESS STUDIO WITH RESPECT TO THE SITE AND IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN THE USER AND TRANQUILITY WELLNESS STUDIO WITH RESPECT TO THE SITE. A PRINTED VERSION OF THIS AGREEMENT AND OF ANY NOTICE GIVEN IN ELECTRONIC FORM SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THIS AGREEMENT TO THE SAME EXTENT AND SUBJECT TO THE SAME CONDITIONS AS OTHER BUSINESS DOCUMENTS AND RECORDS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM. IT IS THE EXPRESS WISH TO THE PARTIES THAT THIS AGREEMENT AND ALL RELATED DOCUMENTS BE WRITTEN IN ENGLISH. 
  
                                                                     CHANGES TO TERMS 
TRANQUILITY WELLNESS STUDIO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CHANGE THE TERMS UNDER WHICH HTTPS://WWW.TRANQUILITYWELLNESSYUMA.COM IS OFFERED. THE MOST CURRENT VERSION OF THE TERMS WILL SUPERSEDE ALL PREVIOUS VERSIONS. TRANQUILITY WELLNESS STUDIO ENCOURAGES YOU TO PERIODICALLY REVIEW THE TERMS TO STAY INFORMED OF OUR UPDATES.