Your (“User”) use of Vibe’s studio or facility, for information, instruction, training,

classes or other purposes (collectively, the “Services”), shall operate as your consent to comply

with and be bound by Vibe’s Studio Policies, as may be modified, amended, supplemented

and/or replaced, from time to time, as decided by Vibe in its sole discretion and without any

requirement of prior notice to User.

1. Respect. User is expected and required to show respect toward and for Vibe’s studio or

facility, its equipment, its instructors, its employees, and all participants involved in providing or

participating in the Services at all times. Kindness, patience, and respect toward Vibe’s

instructors, its employees, and all participants involved in provided or participating in the

Services are essential. Aggressive or disruptive behavior is unacceptable and will not be

tolerated.

2. Studio Etiquette. Respect for the well-being of others and their property should be a

primary concern of each and every User of the Services. In connection therewith, cell phones are

not permitted in classes. Late arrival or early departure from classes are subject to Vibe’s

policies and/or permission from the applicable instructor. Please do not move weights while

other class participants are still practicing. Please do not talk or converse with others during

class unless instructed otherwise. Conversations outside of classes should be conducted at low

volumes and in a respectful manner so as to help promote an overall calming atmosphere.

3. Personal Space. Vibe sets class capacities for each class. User should be mindful of their

mat and equipment while setting up for and participating in classes by keeping personal items

confined to their own personal and reasonable space and avoiding encroaching on neighboring

mats and spaces associated with the same. For sculpt classes, User should place User’s mat

between the dots on the floor, unless otherwise instructed. For flow and restore classes, User

should align the center of User’s mat with the dot on the floor, unless otherwise instructed.

4. Personal Hygiene. Each User is expected, for the comfort and well-being of all

participants, to practice good and healthful personal hygiene, used clean mats and clothing, and

avoid strong or offensive odors (i.e., body odor, perfumes, essential oils, etc.) that could disturb

Others.

5. Equipment Usage. Each User shall adhere to Vibe’s guidelines for proper use of all

equipment. Only carry one set of weights at a time. Clean weights after each use. Return weights (one set at a time) back to their original designated location. User is responsible for insuring appropriate weights when using weights. Be mindful of others before starting an exercise. Once a class has started participants are not allowed to move about the room with weights in hand. If a different weight size is needed, please ask the instructor for assistance. Do not put equipment away while others are still participating in the class.

If you (“User”) do not attend a class for which you have reserved, for User’s with

unlimited class plans, you will be charged a no-show fee in the amount of Fifteen Dollars

($15.00) (“No-Show/Late Fee”) per no-show or, for User’s with set class plans, you will lose a

class from your plan (“Class Forfeiture”), unless you cancel your class reservation at least two

(2) hours in advance of the scheduled start time for the applicable class. Vibe reserves the right

to make exceptions to this policy, as may be determined in Vibe’s sole discretion, which may

include, as applicable, Vibe’s waiver of the No-Show/Late Fee or waiver of the Class Forfeiture,

in certain instances (for example, if User becomes ill/injured or becomes aware of an

illness/injury less than two (2) hours prior to the scheduled start time for a reserved class and

attempts to notify Vibe of such in advance).

With respect to late entry into sculpt classes, Vibe will not permit late entry into any

sculpt class. As such, once the instructor of any sculpt class begins that sculpt class, in the

interest of safety, further entry into that sculpt class is prohibited. If a User is late for a sculpt

class, that late User will be subject to the No-show/Late Fee or Class Forfeiture, as applicable.

With respect to late entry into flow and restore classes, Vibe will provide a five (5)

minute grace period, as determined by the clock on Vibe’s computer system, for a User to enter a flow and restore class late within said grace period. Vibe’s general policy prohibits entry into

any flow and restore class after expiration of the grace period, unless the instructor of any such

flow and restore class provides a further exception for entry after expiration of the grace period.

If a User is late for a flow and restore class beyond the grace period and not otherwise permitted entry into said flow and restore class beyond the grace period, that late User will be subject to the

No-show/Late Fee or Class Forfeiture, as applicable.

Notwithstanding the foregoing, when Vibe is short-staffed, Vibe reserves the right and

may lock entry into the Vibe studio concurrently with the start of a class. When studio entry is

locked, no further admission into any class will be permitted.

User’s on a wait list for any classes will also be subject to the above-referenced

cancellation, no-show, and late policy in the event that a User on the wait list has their wait listed

spot moved to an active class roster spot per Vibe’s normal and customary wait list protocol.

All auto-renewing practice plan requests for cancellations, suspensions, downgrades, and

upgrades must be submitted at least thirty (30) days in advance of their effective date via email

(info@vibeyogastudio.com) or addressed by communicating directly with Vibe personnel. Vibe

requests that any such requests be made at least thirty (30) days in advance. Changes will then

become effective upon the expiration of your (“User”) then-current practice plannext billing

cycle in connection with your (“User”) account. Vibe does not provide refunds (prorated or

otherwise) in connection with practice plan cancellations, suspensions, downgrades, or upgrades.

Any request for a downgrade is subject to the User first completing any minimum requirement

required with respect to the then current plan for which the downgrade is being requested in

connection with by User. Any request for a suspension of User’s practice plan is subject to

suspension in one (1) month increments, up to a maximum of four (4) months per suspension,

limited to one (1) such suspension request per calendar year. Vibe reserves the right to base the

effective start date of any such suspension in concert with the billing date attached to the subject

User’s account. Auto-renewing practice plans may not be cancelled while in suspended status.

Vibe does not allow cancellations, extensions, and/or transfers of suspended practice plans. Vibe

will not permit a User to make any changes to any practice plan or to purchase new practice

plans if User has past due charges payable to Vibe. Vibe may, in its sole discretion, provide for

exceptions to its cancellations, suspensions, downgrades, and upgrades policies if the User

requests such due to extenuating circumstances (i.e., pregnancy, military leave, unanticipated

relocation, injury, medical emergency, etc.).

Vibe is committed to providing a healthy and safe environment for all participants (each a

“User”). Vibe recommends that each User chose classes and equipment (the “Services”) that are

appropriate with respect to said User’s age, ability, and experience. It is the responsibility of

each User to continually evaluate and be responsible for their own safety, well-being, and health.

No User should come to a class and/or the Vibe studio when they are ill or sick. Vibe reserves

the right to prohibit sick or ill User’s from participating in any class and/or from otherwise

visiting or patronizing the Vibe studio.

DescriptionThis Disclaimer Policy (“Disclaimer Policy”) of Vibe, is made in conjunction with

Vibe’s Term and Conditions of Service, its Privacy Policy, along with other terms, conditions,

and policies contained on Vibe’s website (www.vibeyogastudio.com) (the “Site”) which are

for the purpose of establishing your (“Site User”) expectations and providing information

regarding Vibe’s terms, conditions, and policies.

1. Generally. Vibe does not guarantee, represent or warrant that your use of Vibe’s

website (www.vibeyogastudio.com) (the “Site”) or utilization of any Vibe studio or facility,

for information, instruction, training, classes or other purposes (“Services”) will be

uninterrupted, timely, secure or error-free. Vibe does not represent or warrant that User will

obtain any specific results in connection with utilization of the Site and/or the Services. User

expressly agrees that User’s use of, or inability to use, the Site and/or the Services is at User’s

sole risk. The Site and the Services are provided 'as is' and 'as available,' without any

representations, warranties or conditions of any kind, either express or implied, including all

implied warranties or conditions of merchantability, merchantable quality, fitness for a

particular purpose, durability, title, and non-infringement.

2. Limitation of Loss. In no case shall Vibe, its directors, members, officers, employees,

affiliates, agents, contractors, or instructors, be liable for any injury, loss, claim, or any direct,

indirect, incidental, punitive, special, or consequential damages of any kind, including, without

limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar

damages, whether based in contract, tort (including negligence), strict liability or otherwise,

arising from User’s use of the Site or Services, or for any other claim related in any way to

User’s use of the Site or Service, including, but not limited to, any errors or omissions in any

content, or any loss or damage of any kind incurred as a result of the use of the Site or Services

or any content (or product) posted, transmitted, or otherwise made available via the Site or

Services.

3. Not Professional Advice. Nothing shared on this Site by Vibe is or is meant as

professional advice. This is simply a compilation of content and services that Vibe is providing

for informational and promotional purposes only. Vibe’s Services are not a replacement or

substitute for professional advice or diagnosis. User’s access of this Site does not establish any

type of client-professional relationship.

4. Accuracy. Although Vibe intends that all content posted on this Site be as accurate as

possible, Vibe makes no guaranty regarding its accuracy.

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Vibe reserves the right, in its sole and unlimited discretion, to modify class times, cancel

classes, substitute instructors, and make other such changes and modifications, all as determined

by Vibe, from time to time. Pre-registration is recommended for all classes. Class pre-

registration requires that you (“User”) provide Vibe with an authorized and valid credit card

which credit card information will be saved by Vibe for subsequent charges, as applicable. User

can also make payments for classes or other purposes (“Services”) through Vibe’s website

(www.vibeyogastudio.com), the Mindbody app, the Vibe Yoga app, or in person at the Vibe

studio. User hereby acknowledges that User will use and provide only credit cards for which

User has the authority to use when paying for the Services provided by Vibe.

These terms and conditions of service (the “Terms and Conditions”) and the other

material which appear on this website (www.vibeyogastudio.com) (the “Site”) constitute a

binding agreement between you (the “Site User”) and Vibe Yoga, LLC (“Vibe”). By accessing

and/or using this Site and/or any Vibe studio or facility, for information, instruction, training,

classes or other purposes (collectively, the “Services”), Site User is agreeing to comply with and

be bound by these Terms and Conditions, as may be modified, amended, supplemented and/or

replaced, from time to time, as decided by Vibe in its sole discretion and without any

requirement of prior notice to Site User. Neither Vibe, nor its owners, managers, agents,

contractors, and/or employees assume any responsibility or liability for any consequence

resulting directly or indirectly from any action or inaction of Site User in connection with the

information contained or linked on this Site.

1. Use of Site and/or Services. By accessing and/or using this Site and/or the Services, Site

User agrees and represents as follows: (A) Site User will be bound by the Terms and

Conditions; (B) Site User is of legal age in Site User’s jurisdiction of residence to legally

enter and be bound by a legal contract; and (C) Site User represents possession of

authority to be bound by these Terms and Conditions, and, if applicable, on behalf of any

company, organization or other legal entity on whose behalf Site User is using the Site

and/or Services. 

2. License for Use. Subject to these Terms and Conditions, Vibe grants Site User a limited

license to use this Site and/or the Services solely for Site User’s personal, non-

commercial purposes. If Vibe provides materials on this Site for Site User download,

then permission is granted for such download for personal, non-commercial use. The

license granted herein to Site User shall automatically terminate if Site User violates any

of these Terms and Conditions. Upon any termination of this License, Site User agrees to

destroy any downloaded materials in Site User’s possession. Vibe, its suppliers and

service providers reserve all rights not granted by way of these Terms and Conditions.

3. License Restrictions. Site User may not modify or copy this Site, materials on the Site,

and may not use the Services for commercial purposes or public display or share, transfer

or mirror this Site, materials on the Site, or the Services for use by any other person

except for Site User. Site User may not copy, reproduce, translate, decompile, reverse

engineer, derive source code from, disassemble, modify, create derivate works from or

remove any proprietary notices from this Site, or the materials on the Site, or any part

Thereof.

4. Copyright. Site User acknowledges that all rights, title and interest in and to this Site,

materials on the Site, and the Services, that were created by Vibe, are owned by Vibe and

protected by copyright and/or other intellectual property laws, as applicable.

5. Third-Party Links. Should this Site, from time to time, contain any links to third-party

websites (including advertisements) then Site User acknowledges and understands that all

such linked sites, materials, pages and information are not under the control of Vibe and

that Vibe is not responsible for the content (or accuracy thereof) contained or provided in

any such linked website nor any loss or damage that Site User may incur or sustain as a

result of Site User’s use of any such third-party links and/or website. Vibe provides any

such third-party links only as a convenience to Site User and does not review, approve,

monitor, endorse, warrant or make any representations with respect to such third-party

links and/or websites, their content, products or services. The use of any such third-party

links and/or websites shall be at the sole discretion and sole risk of Site User.

6. Vibe Fees and Purchase Terms. Site User agrees to pay all fees and charges associated

with any Services purchased by Site User in accordance with Vibe’s then current fees,

charges and billing terms. In addition, Site User acknowledges and agrees as follows:

A. Taxes. Site User agrees to pay all applicable taxes in connection with Services

Purchased.

B. Payment Information and Authorization. Site User agrees to provide Vibe with

valid payment information in connection with Site User’s purchase of Services.

By providing Vibe with Site User’s payment information for any applicable

Services, Site User agrees that Vibe is authorized to immediately invoice Site

User for all fees and charges due and payable to Vibe in connection therewith,

that Vibe is authorized to share any payment information and instructions

required to complete the payment transactions with its third-party payment service

providers, and that no additional notice or consent is required for the foregoing

Authorizations.

C. Auto-Renewing Practice Plan Guidelines and Policies. If Site User’s order is

subject to any minimum period and/or automatic renewal, Site User will be

notified of such during the order process. The minimum period, automatic

renewal and/or cancellation terms provided during the order process are hereby

incorporated into this Agreement as are the conditions and terms of Vibe’s Auto-

Renewing Practice Plan Guidelines and Policies.

D. Change to User Payment Information. Site User agrees to immediately notify

Vibe of any change in Site User’s payment information.

E. Change in Pricing and Billing Methods. Vibe reserves the right at any time to

change its prices and billing methods in connection with the Services.

F. Suspension of Services. If payment cannot be charged to Site User’s payment

card or if Site User’s payment is returned for any reason, Vibe reserves the right

to either suspend or terminate Site User’s access to the Services not paid for by

User.

G. No Refunds. Vibe shall not be obligated to make any refunds for any Services

sold on or through the Site. Site User understands and accepts that all Site sales

are final.

7. Termination by Vibe. At Vibe’s sole discretion, Vibe may modify or discontinue the

Terms and Conditions, the Services or modify, suspend or terminate Site User’s access to

this Site or the Services, for any reason with or without notice or liability to Site User.

8. Liability Release. Site User understands that use of or participation in the Services may

present an inherent risk of bodily injury, disability, paralysis, and/or death to Site User

(and if Site User is pregnant, to Site User’s unborn child) common to or associated with

participation in such athletic endeavors. By using or participating in the Services, Site

User represents, agrees, and acknowledges, as follows:

A. Medical Clearance. That Site User has been medically cleared to participate in

the Services or has independently decided to participate in the Services and that

Site User accepts all such inherent risk associated with use of or participation in

the Services.

B. Release. In recognition and acceptance of the aforementioned inherent risk, Site

User hereby waives and releases Vibe and its managers, members, employees,

contractors (including teachers/instructors), lessees (collectively “Instructors”)

from any and all responsibility and liability relating to any bodily injury,

disability, paralysis, and/or death that Site User may sustain (and if Site User is

pregnant, that Site User’s unborn child may sustain) as a result of Site User’s use

of or participation in the Services advertised, offered, hosted, or sponsored by

Vibe.

C. Instructors. Site User understands and recognizes that Vibe is not responsible or

liable for the actions or statements of any Instructors.

D. Image Consent and Release. Site User understands and recognizes that Site

User’s image may be captured, recorded, broadcast, streamed and/or otherwise

utilized by Vibe before, during and/or after Site User’s use of or participation in

the Services. Site User hereby consents to all such photography and video and

grants to Vibe an unlimited right to reproduce, use, exhibit, display, broadcast,

stream and/or distribute such photography and video in any manner or media

now existing or hereafter developed, in perpetuity, including but not limited to,

marketing, advertising, publicity, live-streaming, video-on-demand or any other

such purpose.

E. Heirs and Representatives. Site User understands and recognizes that this is a

binding liability release and agreement related thereto and shall also be binding

upon Site User’s heirs, assigns and personal representatives (and if Site User is

pregnant, it shall be binging upon Site User’s unborn child and said unborn

child’s representatives).

9. Limitation of Liability. In no event shall Vibe, Vibe’s Instructors, and/or any affiliates of

Vibe (collectively, the “Vibe Parties”) be responsible or liable for any damages (whether

special, indirect, incidental, speculative, punitive, personal, consequential or otherwise)

arising out of or associated with Site User’s use of, participation in, or inability to use or

participate in the Services and/or other materials described, provided or linked on this

Site. Any liability of the Vibe Parties whatsoever, from any cause of action, including

but not limited to actions based on contract, tort, negligence, strict liability, product

liability or other cause, shall in no event exceed the amount paid by Site User for the

Services during the twelve (12) month period preceding the imposition of any such

liability.

10. Indemnification. As a condition to Site User’s use of this Site, Site User agrees to

indemnify and hold the Vibe Parties harmless from and against any and all liabilities,

damages, expenses (including attorney and/or legal fees and expenses) arising out of or

associated with Site User’s use of the Site and/or participation in the Services.

11. Miscellaneous Terms and Provisions. These Terms and Conditions shall be subject to the

following miscellaneous terms and provisions:

A. Entire Agreement. These Terms and Conditions of this, including any notices,

policies and/or guidelines linked to these Terms and Conditions, represent the

entire understanding and agreement by and between Vibe and Site User in

connection therewith. These Terms and Conditions, as amended from time to

time, supersede and replace any prior oral or written understandings or

agreements between Vibe and Site User.

B. User Content and Settings. Vibe assumes no responsibility for the timeliness,

deletion, mis-delivery or failure to store any content, communications or

personalization settings of Site User.

C. Severability. Each provision of these Terms and Conditions are severable and if

one or more provisions are declared invalid by a Court of competent jurisdiction,

the remaining provisions of these Terms and Conditions not declared invalid will

remain in full force and effect.

D. Force Majeure. Non-performance by Vibe hereunder shall be excused to the

extent that such performance is rendered impossible by strike, fire, flood,

governmental acts, failure of suppliers, an act of God, pandemic or any other

reason where failure to perform is beyond the control and not caused by Vibe.

E. Assignment. These Terms and Conditions, and Site User’s rights and obligations

hereunder, may not be assigned, subcontracted, delegated or otherwise transferred

by Site User without Vibe’s prior written consent, and any attempted assignment,

subcontract, delegation, or transfer in violation of the foregoing will be null and

Void.

F. Governing Law. Any claim relating to this Site or the Services shall be governed

by the laws of the State of Indiana without regard to any applicable conflict of law

Provisions.

G. Waiver. Any failure or delay by Vibe in exercising any right or remedy allowed

hereunder will not constitute a waiver of such right or remedy. Likewise, the

waiver by Vibe of any one default by the Site User will not waive subsequent

defaults of the same or different kind by Site User.

Vibe Yoga, LLC (“Vibe”) recognizes that your (“Site User”) privacy is important. This

privacy policy (“Privacy Policy”) applies to information contained, used, disclosed or collected

on this website (www.vibeyogastudio.com) (the “Site”). By accessing and/or using this Site

and/or any Vibe studio or facility, for information, instruction, training, classes or other purposes

(collectively, the “Services”), Site User is agreeing to comply with and be bound by the terms

and conditions of this Privacy Policy, as may be modified, amended, supplemented and/or

replaced, from time to time, as decided by Vibe in its sole discretion and without any

requirement of prior notice to Site User. Neither Vibe, nor its owners, managers, agents,

contractors, and/or employees assume any responsibility or liability for any consequence

resulting directly or indirectly from any action or inaction in connection with information

contained, used, disclosed or collected on this Site. Terms and conditions of Vibe’s Privacy

Policy are as follows:

1. Collection of Personal Information and Consent. Vibe may collect and retain certain

personal information based on, among other things, Site User-provided information, Site

User browsing, Site User purchases, Site User class history, by the use of cookies, and

other such customary and normal manners. Site User’s personal information may be used

by Vibe to provide Site User with promotional notices, informational material and/or

offering and delivering information in connection with the Services. By submitting such

information, accessing this Site and/or paying for Services, Site User agrees and consents

to such collection, retainage, and use of Site User’s personal information. Vibe will

delete any such personal information regarding Site User upon written request from Site User.

2. Third-Party Websites. This Site may contain links to third-party websites which website

may not be controlled or operated by Vibe. This privacy policy does not apply to any

such third-party websites and Vibe is not responsible for the content of such third-party

websites or the respective privacy policies of such third-party websites.

3. Disclosure of Personal Information. Vibe will not sell or license any personal

information collected about or from Site User in connection with Site User’s submission of

information, use or accessing this Site and/or paying for Services.

4. Security. Although Vibe will engage in reasonable steps to protect Site User’s personal

information from loss, misuse, unauthorized access, alteration and/or disclosure, Site

User recognizes and understands that Vibe cannot guaranty that such personal information will

be completely secure or error-free due to the nature of the internet, the nature of internet

users, and/or the nature of internet transmissions.

5. Modification of Privacy Policy. Vibe may modify or update this privacy policy at any

time which modification or update shall be valid and effective upon its posting to this Site.