TERMS AND CONDITIONS

Please read our Terms and Conditions (“the Terms”) carefully before booking classes. By booking a class or signing up for a membership, you are confirming that you have read the Terms and agree to be bound by them. These Terms together with the items listed below, constitute a contract of membership between you (the client) and us (Blue Owl Yoga).

INTRODUCTION

All classes, activities and workshops are supplied by Blue Owl Yoga, LLC.(604 Greenleaf Way, Ball Ground, GA 30107) subject to the following express Terms. In these Terms “we”/”us”/”our” means Blue Owl Yoga. And “you”/”your”/”yours” means you, the direct client.

CANCELLATION

Due to Limited Space in our studio, we want to ensure all students have the opportunity to join class; all cancellations must be done four hours prior to class. After the four hours prior to class you will no longer be able to cancel class on the Schedualocity app and will need to reach out to us directly.

If you miss a class without cancelling you will be considered a No Show. Please see the No Show policy below for terms. IMPORTANT: You must enable ALL texts & email communications in your profile so that you get your reminders and notifications.

NO SHOW

‘No Show’ (Failure to turn up for a class at all without prior cancellation) will incur the following:

Drop in students: If you have pre-paid for your class you will lose the class you have paid for.

Class package students: If you do not show up for a booked class you will lose the class you have paid for.

We do understand that emergencies happen, so please let us know via e-mail, text or calling at your earliest convenience if an emergency arises.

WAITLIST

When classes have reached their online booking capacity you can add yourself to the waitlist.

If you are on the waitlist you will automatically be allocated a space in the class once a spot becomes available

Our booking system will email you a notification. Make sure you are signed up and opted in for Texts and Email notifications on the Schedualocity app to ensure you receive an alert to inform you of your waitlist status.

You will not be charged the No- Show fee if you are added from a waitlist into the class & you do not cancel.

YOGA IS A PHYSICAL PRACTICE - Health and safety disclaimer

We strive to create a safe and innovative environment by using physical exercise as our backdrop for lifelong training and health. The following apply to the Classes:

There are significant elements of risk, serious injury or even death in any sport, activity, or training associated with exercise services. Injuries will vary in their severity depending on the circumstances and could possibly result in serious disabling injuries. Participants in our classes should be aware of such risks and commit to make every effort to educate themselves and train in such a way as to limit risk of injury to themselves and others. You are responsible for bringing all prescribed medication, appropriate clothing and footwear, and/or any equipment deemed necessary for protecting yourself against injury.

Always seek the advice of your physician or other qualified health professional before starting or changing any exercise program or making a lifestyle change. This is particularly important if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. Do not delay seeking a diagnosis or any medical advice or treatments based on information contained on this Website or in any of the Material.

It is the responsibility of the student to notify teachers of any previous injury, illness, or conditions that may impact their practice.

Classes at Blue Owl Yoga, LLC. may be physically strenuous and you voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death.

You will follow all instructions given to you by Blue Owl Yoga, LLC. teachers and you acknowledge that any failure to do so will be at your own risk and may cause injury.

In attending classes at Blue Owl Yoga, you agree that neither you, your heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Blue Owl Yoga, LLC. or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

LEGAL DISCLAIMER

I, understand that I am participating in a group yoga class offered by Blue Owl Yoga, LLC. and Julie Neighbors. I recognize said activity requires physical exertion which may be strenuous and may cause physical injury. I am fully aware of the risks and hazards involved. I understand it is my responsibility to consult with a physician prior to my participation in said activity. I represent and warrant that I am physically fit and have no medical condition which would prevent my full participation in said activity. I knowingly, voluntarily and willing expressly waive any claim I may have against Blue Owl Yoga, LLC. and Julie Neighbors for injury or damages that I may sustain as a result of participating in said activity. I, my heirs or legal representative(s) forever release, waive, discharge and covenant not to take any legal action against Blue Owl Yoga, LLC. and Julie Neighbors or its agents, employees, owners, instructors, dwelling owner/landlord, property management company, etc. for any injury or death caused by my own negligence or any other act(s). I am fully aware and understand my own personal limitations (either physical and/or mental) and will not exceed my limit.

FORCE MAJUEURE We shall not be liable to you or deemed to be in breach of these terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms, if the delay was due to any cause beyond reasonable control, including, but not limited to, Acts of God, explosion, flood, storm, fire, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T, viruses, difficulties in obtaining raw materials, labor, fuel, parts or machinery, power failure or breakdown in machinery.

WAIVER No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.

SEVERABILITY If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.

ENTIRE AGREEMENT These Terms constitute the entire agreement between the parties and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between parties.

GOVERNING LAW AND JURISDICTION These Terms shall be governed by and construed in accordance with United States of America law and the parties hereby agree to submit the exclusive jurisdiction of the United States of America.

REQUIRED COVID-19 WAIVER

By signing below, you are agreeing to follow our social distancing and safety protocols.

Although strict measures are being taken by Blue Owl Yoga, LLC., to prevent the spread of COVID-19 (such as social distancing, staggered classes, and deep sanitization, etc.), the undersigned acknowledges that attending classes at Blue Owl Yoga, LLC., could result in COVID-19 infection. Accordingly, in addition to all waivers and limits on liability already agreed to by the parties and because of the COVID-19 Pandemic, the undersigned, HEREBY WAIVES AND RELEASES, indemnifies, holds harmless and forever discharges Blue Owl Yoga, LLC., and its members, agents, employees, officers, directors, contractors, affiliates, successors and assigns, of and from any and all claims, demands, debts, prosecutions, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to participation in any of the events or activities conducted by, on the premises of, or for the benefit of, Blue Owl Yoga, LLC., provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct, further, it is acknowledged that operation during the pandemic does not fall into these categories.

I also understand that the activities that I will participate in may be considered inherently dangerous and may cause serious or grievous injuries, including bodily injury, COVID-19 infection, loss of/damage to personal property and/or death. On behalf of myself, my heirs, assigns and next of kin, I waive all related claims for damages, injuries and death sustained to me or my property that I may have against Blue Owl Yoga, LLC.

AGREEMENT OF TERMS

By this Waiver, I assume any risk, and take full responsibility and waive any claims of personal injury, COVID-19 infection, death or damage to personal property associated with Blue Owl Yoga, LLC., including but not limited to receiving yoga training at the facility, using the facility and its equipment in any manner, form or fashion, and practicing and/or engaging in yoga activities or other related activities on and off the premises.

I have read, understand and fully agree to the terms and conditions of this Agreement. I understand and confirm that by signing the Agreement I have given up considerable future legal rights. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. I am 18 year of age or older and mentally competent to enter into this waiver.