Sandvi Studio Agreement
Why You’re Reading This Document
The following Studio Agreement (the “Agreement”) will clearly communicate our expectations in having you as part of our community. If you have any questions please let us know as we want to make sure we are all on the same page moving forward.
In exchange for membership access to Sandvi Studio’s classes and studio, you agree to be bound by the following conditions.
1. Parties. This Agreement is made between Sandvi Studio, LLC operating out of the State of North Carolina (“Sandvi Studio”, “we”, “our”, and “us”) and you, the undersigned (electronically) or person who has clicked “I Agree” to this Agreement (“you” and “your”).
2. Services. We promise to provide you with access to our studio and the full use of our facilities, as well as access to our regularly scheduled classes (either online or in-person) at Sandvi Studio (the “Membership”) according to the terms outlined in Schedule “A” below.
3. Term + Termination. This Agreement will be binding upon your Membership payment and will last for the time specified online or between us (the “Term”). You can decide to renew the Term of this Agreement as many times as you would like.
3.1. Please note that if you violate any of the terms of this Agreement, Sandvi Studio may terminate this Agreement effective immediately and you will not be entitled to any refunds or any continued working relationship with Sandvi Studio.
4. Our Commitment to You. Through your Membership, Sandvi Studio is committed to providing you with the opportunity and support to discover or continue your Pilates, Barre, and Self Care journey.
5. Scheduling. Please consult Sandvi Studio or refer to our available schedule of classes for the exact scheduling and time of our classes.
6. Payment. You agree to pay the price, including the possibility of incremental payments (“Incremental Payment”), of the Membership as outlined below in Schedule “A” (the “Payment”). The Payment price outlined in Schedule “A” is subject to taxes and additional fees. Any subsequent changes to the Payment price will not affect the validity of this Agreement.
6.1. Payment is due upon completed purchase of the Membership and must be made in full prior to the start of your Membership.
7. Incremental Payments. If your method of Payment includes Incremental Payments, you authorize Sandvi Studio to maintain your account information and charge that account automatically upon the renewal of the Membership with no further action required by you.
8. Cancellation. To cancel your Membership, please note the following. If you wish to cancel your Membership, please send an email stating so to info@sandvistudio.com at least 14 days before the next Incremental Payment.
9. Refunds. Our refund policy is as follows: All sales are final. Memberships are non-refundable and non-transferable.
10. Legal Fees. You will be responsible for any and all legal fees incurred by Sandvi Studio regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment).
11. Payment Failure. In the event that your Payment fails, your Membership access will be temporarily suspended until we receive your Payment. In the event of three failed payments, you understand that Sandvi Studio may contract a collection agency to collect the money from you.
12. No Guarantees. Sandvi Studio cannot guarantee any particular success from participating in our classes or from our Membership. We promise to provide you with the opportunity, classes and support to achieve your goals, but any success and results ultimately depends on your commitment.
13. Code of Conduct. You agree to be mindful and respectful during the classes and duration of your Membership. This includes respecting other members of Sandvi Studio in their fitness journey and taking care when using the facilities and studio space.
14. Studio Closure. If our studio and facilities are forced to close due to the current COVID-19 situation, a natural disaster, or other unavoidable circumstance, the Membership freezes until the studio can reopen.
15. Force Majeure. Sandvi Studio will not be liable for any failure or delay regarding the Membership if such failure or delay is: beyond the reasonable control of Sandvi Studio, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.
16. Substitute Services. Sandvi Studio has the right to substitute services. This means that if we ever need to switch to online classes or virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in person classes.
17. Waiver. Before your Membership can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.
18. COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in any of the Membership activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health and ability to partake in the Membership activities, please consult with your doctor and we urge you not to visit our studios or facilities. We are all in this together and it is important that we follow guidelines on social distancing, hygiene practices, and act with kindness and responsibility towards each other in order to ensure everyone’s safety.
19. Media Release. We think you’re gorgeous and would love to show you off! By being a member at our studio and through your Membership, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, audio recordings of you captured in our studio or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. Please let us know If you ever want us to stop using an image of you.
20. General Indemnity. You hereby fully indemnify Sandvi Studio and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Indemnified Parties”) and save harmless the Indemnified Parties from any losses, claims, damages, actions, causes of action, costs and expenses that an Indemnified Party may sustain, incur or suffer at any time, which are based upon, arise out of or occur, directly or indirectly, by reason of any act or omission by you arising out of the performance of the Membership, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of Sandvi Studio’s negligence, provided that where Sandvi Studio has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.
21. Jurisdiction + Arbitration. This Agreement will be governed exclusively by the laws of the State of North Carolina. Any dispute or claim related to this Agreement we agree to first resolve through binding arbitration to take place in the State of North Carolina.
22. Standard Legal Things. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by me of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if signed by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
Thank you for taking the time to read this. Let’s begin!
