TERMS OF SERVICE
YOGA BOX’S TERMS OF SERVICE
PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A BINDING LEGAL CONTRACT ENTERED INTO BY AND BETWEEN YOU (“USER”), YB MANAGEMENT GROUP, LLC (“PLATFORM PROVIDER”), AND THE SPECIFIC INDEPENDENTLY OWNED AND OPERATED ENTITY MANAGING THE PHYSICAL STUDIO YOU ATTEND (“STUDIO ENTITY”).
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING AN ASSUMPTION OF RISK FOR PERSONAL INJURY, A RELEASE OF LIABILITY FOR NEGLIGENCE, AND MANDATORY PROVISIONS REGARDING AUTOMATICALLY RENEWING SUBSCRIPTIONS.
NOTICE OF ARBITRATION AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 21 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND EITHER THE PLATFORM PROVIDER OR THE STUDIO ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
STATE-SPECIFIC CONSUMER RIGHTS: IF YOU RESIDE IN OR RECEIVE SERVICES IN CALIFORNIA, NEW YORK, ARIZONA, COLORADO, OR ILLINOIS, SPECIFIC STATUTORY CANCELLATION RIGHTS AND HEALTH STUDIO DISCLOSURES APPLY TO YOU. PLEASE REVIEW THE JURISDICTIONAL ADDENDUM AT THE END OF THIS AGREEMENT FOR YOUR MANDATORY STATE RIGHTS.
LAST UPDATED: MAY 2025
1. SCOPE OF AGREEMENT AND DEFINITION OF PARTIES
This Agreement is a legally binding contract entered into by and between you (“User” and, collectively with others accessing the Services, “Users”), YB Management Group, LLC (“Platform Provider”), and the specific independently owned and operated limited liability company that manages the physical Yoga Box studio location you attend (“Studio Entity”).
For the purposes of this Agreement, the term “Services” is collectively defined to include: (a) all digital platforms, websites (including www.yogabox.com and any associated subdomains, affiliated domains, or landing pages) (collectively, the “Sites”), mobile applications (the “Apps”), software, and content provided by the Platform Provider; and (b) all physical facilities, fitness classes, training, equipment, lobby areas, and related amenities provided, operated, or maintained by the applicable Studio Entity.
Your use of any component of the Services, whether digital or physical, constitutes your acceptance of this Agreement in its entirety.
A. Bifurcated Operations: You acknowledge and agree that the Platform Provider is strictly a provider of digital platform services and brand intellectual property. The Platform Provider does not own, operate, or maintain any physical studio locations, nor does it employ studio staff or fitness instructors.
B. Billing and Health Studio Contract: All purchases, memberships, and recurring subscriptions are executed exclusively between you and the specific Studio Entity, facilitated by its designated third-party payment processor (e.g., Mindbody). The specific legal name, physical address, and financial terms associated with your Studio Entity, as presented to you during the third-party registration and checkout process, are hereby incorporated by reference into this Agreement to form your complete health studio contract as required by applicable state law. The Platform Provider does not process payments, is not the merchant of record, and assumes no liability for billing errors, refund disputes, or subscription cancellations.
C. Limitation of Claims: The terms “we,” “us,” and “our” refer collectively to both the Platform Provider and the applicable Studio Entity, except where explicitly distinguished. ANY LEGAL CLAIMS, DISPUTES, OR LIABILITY ARISING FROM YOUR ATTENDANCE AT A PHYSICAL STUDIO, PREMISES LIABILITY, OR PERSONAL INJURY MUST BE BROUGHT SOLELY AGAINST THE SPECIFIC STUDIO ENTITY AT WHICH THE INCIDENT OCCURRED. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING SUCH CLAIMS AGAINST THE PLATFORM PROVIDER, ITS MEMBERS, MANAGERS, OR AFFILIATES.
2. UPDATES AND AMENDMENTS; ELECTRONIC SIGNATURE
Bifurcated Amendment Rights & Notice: The Platform Provider reserves the right to modify these Terms of Service, the digital rules, and the Privacy Policy. The applicable Studio Entity reserves the right to modify its local physical rules, class schedules, and physical facility offerings. Notwithstanding the foregoing, neither the Platform Provider nor the Studio Entity will make material changes to your dispute resolution rights (Section 21) or increase the recurring fees of your active subscription (Section 9) without providing you with clear, affirmative advance notice (e.g., via email or an in-app notification requiring your acknowledgment) at least thirty (30) days prior to the effective date. For non-material changes, your continued use of the Services after the updated Terms are posted constitutes your binding acceptance of the changes.
Electronic Signature & ESIGN Consent: By clicking “I Accept,” “Purchase,” “Book,” or an equivalent button during the registration or checkout process (including via the Studio Entity’s third-party processor), you explicitly consent to execute this Agreement electronically under the federal Electronic Signatures in Global and National Commerce Act (ESIGN) and applicable state Uniform Electronic Transactions Acts (UETA). You agree that your electronic signature is the legal equivalent of your manual ink signature. You warrant that you are authorized to enter into this Agreement.
Delivery and Acknowledgment of Receipt: By executing this Agreement electronically, you explicitly acknowledge that you have been provided with a complete, immediately accessible electronic copy of this Agreement (including the Jurisdictional Addendum containing your statutory health studio rights) prior to or contemporaneously with your execution. You consent to receive your formal executed copy via the email address provided during checkout, and you affirmatively acknowledge receipt of this Agreement at the time of signing. You acknowledge that no third-party certification is required to validate your electronic signature.
3. ACCOUNT REGISTRATION; MINORS’ PARTICIPATION; PLATFORM ACCESS
Registration & Data: To access the Services, you must provide accurate personal information. You acknowledge that all payment information is collected and processed exclusively by the Studio Entity’s designated third-party processor (e.g., Mindbody). The Platform Provider does not collect, store, or process your credit card or financial data. You explicitly warrant that all information provided is accurate and current. Failure to maintain accurate information may result in the suspension of your access to the Services.
Minors’ Participation & Age Falsification: Due to the strenuous nature of the Services, no individual under the age of twelve (12) is permitted to access the Services under any circumstances. Individuals between the ages of twelve (12) and fifteen (15) may only participate in non-heated classes and must be accompanied by a parent or legal guardian at all times. Individuals aged sixteen (16) or seventeen (17) may participate in heated classes. For all minors under eighteen (18), a parent or legal guardian must execute a separate, physical liability waiver and consent form in person at the Studio Entity prior to the minor’s participation. Minors under eighteen (18) may not independently create an online Account; a parent or guardian must create the Account and book classes on the minor’s behalf. Falsification Penalty: If you falsify your age to bypass the parental waiver requirements or to gain unauthorized access to restricted classes, you and your parent/guardian explicitly agree that such action constitutes affirmative fraud. To the maximum extent permitted by law, you agree that this fraud operates as a complete assumption of risk, and you agree to fully indemnify the Studio Entity and Platform Provider for any claims, damages, or liabilities arising from your unauthorized access.
Modification of Access: We reserve the right to restrict access to the digital components of the Services, or update software and platform rules, at our sole discretion. However, if a Studio Entity permanently restricts your access to the physical components of the Services (e.g., physical studio classes) without cause (e.g., absent a violation of the Prohibited Behavior policies outlined in Section 5), you will be entitled to a pro-rata refund for the unused portion of your pre-paid health studio membership, in accordance with applicable state law.
4. ACCOUNTS AND ACCOUNT SECURITY
Account Creation and Use: To access the digital components of the Services (e.g., the Sites and App(s)), you must create an account (“Account”). Account infrastructure and digital security are managed exclusively by the Platform Provider. You may only have one active Account at any given time. You may not allow any third party to use your Account, nor may you use any other User’s Account. You warrant that you will accurately maintain and update your personal information. You are solely responsible for all activity that occurs under your Account and for maintaining the strict confidentiality of your password. You agree to notify the Platform Provider immediately of any breach of security or unauthorized use of your Account.
Security and Termination: The Platform Provider reserves the right to take any actions deemed reasonably necessary to maintain the security of the digital Services and your Account, including terminating your Account, forcing a password reset, or requiring secondary authentication. You acknowledge that all financial transactions are authorized and processed exclusively by the Studio Entity’s designated third-party processor; the Platform Provider does not authorize, hold, or process transaction data. Note: Termination or suspension of your digital Account does not automatically cancel your underlying financial memberships or recurring billing agreements with the Studio Entity.
Limitation of Liability for Account Access: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM PROVIDER AND STUDIO ENTITY EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY LOSSES, DAMAGES, OR COMPROMISED DATA ARISING DIRECTLY OR INDIRECTLY FROM YOUR FAILURE TO SECURE YOUR ACCOUNT CREDENTIALS OR COMPLY WITH THIS SECTION. THIS DISCLAIMER DOES NOT WAIVE LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY THE PLATFORM PROVIDER IN MAINTAINING SYSTEM SECURITY.
5. AUTHORIZED USE OF OUR SERVICES AND PROHIBITED USES
- General Compliance: You may use the Services only for lawful purposes and in accordance with this Agreement. You agree to comply with all applicable statutes, rules, and regulations in the jurisdictions in which you receive the Services. A material breach of this Section 5 will result in the immediate suspension or termination of your access to the Services at our sole discretion. You explicitly acknowledge that termination of your access for a violation of these Prohibited Uses does not automatically cancel your underlying financial memberships or recurring billing agreements processed via the Studio Entity’s third-party processor; you remain liable for all scheduled charges until formally cancelled pursuant to Section 8.
Digital Prohibitions (Platform Provider): Regarding the digital components of the Services managed by the Platform Provider (e.g., Sites, Apps, Content), you explicitly warrant and agree that you shall not, directly or indirectly:
- Use any robot, spider, or other automated device, process, or means to access, scrape, or index the digital Services;
- Disseminate or introduce any viruses, worms, spyware, logic bombs, or other malicious code;
- Reverse engineer, disassemble, decompile, or tamper with any security components or source code;
- Build a competitive product or service using similar ideas, features, functions, or graphics;
- Reproduce, publicly display, frame, mirror, or resell any digital Content;
- Post or transmit any unauthorized commercial advertising, spam, or defamatory, discriminatory, or obscene material; or
- Upload or transmit sensitive personally identifiable information, including but not limited to Social Security numbers or protected health and medical information, to any public-facing or unencrypted portion of the digital Services. The Platform Provider explicitly disclaims all liability under state and federal privacy laws for the compromise of unrequested health or medical data voluntarily uploaded by the User.
Physical Prohibitions (Studio Entity): Regarding the physical components of the Services managed by the applicable Studio Entity, you explicitly warrant and agree that you shall not, directly or indirectly:
- Conduct any unauthorized commercial activity on the premises, including but not limited to freelance personal training, unauthorized coaching, or the sale of physical goods;
- Engage in unauthorized commercial photography, videography, or livestreaming of the physical studio, staff, or other users;
- Engage in conduct that restricts, inhibits, or endangers any other user’s enjoyment of the physical Services, or which exposes the Studio Entity to liability; or
- Impersonate any instructor, staff member, or entity, or falsely state an affiliation with the Studio Entity.
Enforcement: The Platform Provider and the applicable Studio Entity reserve the right to investigate and take appropriate legal action, including reporting to law enforcement authorities, against anyone who, in our sole discretion, violates this Section.
6. NON-HARASSMENT-POLICY AND REPORTING
Policy Statement: We are committed to maintaining a safe environment free from unwelcomed, inappropriate, or offensive conduct. Harassment of any kind by Users or staff is strictly prohibited and constitutes a material breach of this Agreement.
Reporting & Bifurcated Investigations: If you experience or witness unwelcomed conduct, you should immediately notify us at info@yogabox.com or contact the local Studio Entity manager.
- Physical Incidents: Complaints regarding incidents occurring at a physical studio or involving local studio personnel will be directed to and investigated exclusively by the management of the applicable Studio Entity, which acts as the sole employer of local staff.
- Digital Incidents: Complaints regarding digital harassment on the Services or Forums will be investigated by the Platform Provider.
Corrective Action & Confidentiality: The investigating entity reserves the absolute right to take immediate corrective action, up to and including permanent termination of access to the Services, without prior notice or formal procedural hearings. While we strive to handle reports discreetly, we cannot guarantee absolute confidentiality, as investigations or legal compliance may require disclosure of information.
Dispute Resolution: Any claims or disputes arising from the handling of a complaint under this section remain subject to the mandatory Arbitration procedures set forth in Section 21 of this Agreement, to the maximum extent permitted by applicable law.
7. TERMINATION, CANCELLATION, AND SURVIVAL
Termination By You (Cancellations and Freezes): You may request to freeze your recurring Studio Entity membership for up to two (2) months by providing written notice prior to your next scheduled payment date. You retain the absolute right to cancel your recurring membership at any time. To satisfy state automatic renewal laws (including California AB 2863 and New York GBL § 527-a), you may cancel your membership immediately, using the same medium you used to enroll. If you purchased online, you may cancel without staff interaction by utilizing the self-service cancellation mechanism located in the “My Account” section of the Sites or Apps. Alternatively, you may cancel by contacting your Studio Entity directly. Billing Processing: To ensure your cancellation or freeze request is processed by the third-party billing system prior to your next auto-draft, your request must be submitted or executed at least twenty-four (24) hours prior to your next scheduled billing date.
Termination By Us (With Cause): The Platform Provider reserves the right to terminate or suspend your digital Account for a violation of the digital rules outlined in Section 5. The Studio Entity reserves the right to terminate your physical membership and ban you from the premises for a violation of the physical Prohibited Behavior rules outlined in Section 5. If your access to the Services is terminated for cause due to your breach of this Agreement, you shall not be entitled to a refund of any pre-paid fees, class packages, or the remainder of your current billing cycle.
Termination By Us (Without Cause): We reserve the right to modify or discontinue the Services at any time. If the Studio Entity permanently ceases operations or unilaterally terminates your physical membership without cause, you will be entitled to a pro-rata refund for the unused portion of any pre-paid classes or memberships, in strict accordance with the applicable state health studio laws detailed in the Jurisdictional Addendum.
Survival: Termination of your Account or membership does not relieve you of any financial obligations incurred prior to termination. The following Sections, and any other provisions that by their nature should survive, shall survive the termination of this Agreement in perpetuity: Section 1 (Scope of Agreement), Section 10 (Intellectual Property Rights and Licenses), Section 11 (User Content, Forums, and DMCA), Section 15 (General Policies, Rules, and Assumption of Risk), Section 19 (Limitation of Liability), Section 20 (Indemnification), and Section 21 (Governing Law; Venue; Dispute Resolution and Arbitration).
8. PURCHASES, SUBSCRIPTIONS, AND REFUND POLICIES
Bifurcation of Transactions: To provide the Services, we facilitate two distinct types of transactions: E-Commerce Purchases and Studio Purchases.
- E-Commerce Purchases: Purchases of physical merchandise, apparel, or print-on-demand equipment ordered through the Sites or App(s) (“E-Commerce Products”) are transactions solely between you and the Platform Provider (or its designated e-commerce fulfillment partner).
- Studio Purchases: Purchases of memberships, class packages, drop-in fees, in-studio retail, and food/beverages (e.g., smoothies) (“Studio Products”) are transactions exclusively between you and the local Studio Entity, processed by its designated third-party merchant of record (e.g., Mindbody).
E-Commerce Purchases & Refunds (Platform Provider): E-Commerce Products are fulfilled on-demand. We do not offer returns or size exchanges. If an E-Commerce Product is defective due to supplier error, you must submit a report to merch@theyogabox.com within thirty (30) days of delivery for a reshipment or refund at the Platform Provider’s sole discretion. THE PLATFORM PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING E-COMMERCE PRODUCTS.
Studio Memberships & Auto-Renewal Policies (Studio Entity): If you purchase an automatically renewing membership, your designated payment method will be billed on a recurring basis by the Studio Entity’s payment processor until cancelled.
- Cancellation & Freezing: You may cancel or freeze your auto-renewing membership at any time. If you initiated your membership online, you may cancel or freeze it immediately via the self-service portal in your Account dashboard without interacting with staff. You may also cancel in-person at the Studio Entity.
- Class Cancellations: You must cancel a booked class at least eight (8) hours in advance via the Apps, Sites, or by calling the Studio Entity directly. Failure to cancel prior to this eight-hour window will result in the forfeiture of the class credit or a penalty fee (e.g., a $10.00 late-cancellation or no-show fee), as disclosed at checkout and in the Studio Entity policies.
- Punctuality: You must be physically present at least 5 minutes prior to the scheduled start time (15 minutes for your first class), or your spot may be reassigned. For the safety of our members, Studio doors are locked at the start of class; late entry is strictly prohibited and non-refundable.
Health Studio Statutory Rights & Refunds: Except as explicitly mandated by state law, all Studio Products, class packages, and memberships are non-refundable. HOWEVER, DEPENDING ON THE STATE IN WHICH YOUR SPECIFIC STUDIO ENTITY IS LOCATED (E.G., CALIFORNIA, NEW YORK, ARIZONA, COLORADO, ILLINOIS), YOU HAVE EXPLICIT, NON-WAIVABLE STATUTORY RIGHTS REGARDING REFUNDS, COOLING-OFF PERIODS, AND CANCELLATIONS DUE TO DEATH, DISABILITY, OR RELOCATION. THESE MANDATORY STATUTORY RIGHTS OVERRIDE ANY CONFLICTING TERMS IN THIS AGREEMENT AND ARE DETAILED IN FULL IN THE “JURISDICTIONAL ADDENDUM” AT THE END OF THIS DOCUMENT, WHICH IS INCORPORATED HEREIN BY REFERENCE.
9. FEES AND PRICE CHANGES
Allocation of Fees: You acknowledge that the Services require payment of fees. Pricing for physical memberships, class packages, and local studio amenities is determined independently by the applicable Studio Entity. Pricing for digital e-commerce merchandise or platform-specific features is determined by the Platform Provider.
Price Changes & Notice: Subject to applicable law, the Studio Entity and the Platform Provider reserve the right to modify their respective fees for future billing cycles. However, we will not increase the fees for your active, automatically renewing membership without providing you with clear and conspicuous written notice (via email or in-app notification) at least thirty (30) days prior to the effective date of the price increase.
Right to Cancel: If you do not agree to the proposed price increase, you possess the absolute right to cancel your membership via your digital Account settings or by contacting the Studio Entity directly before the new fee takes effect. Your continued use of the Services or failure to cancel your membership after receiving the advance notice constitutes your affirmative consent to the new fee structure.
Pre-Paid Contracts: Notwithstanding the foregoing, if you have entered into a pre-paid, fixed-term health studio contract, your fees are locked for the duration of that specific term and will not be subject to mid-term increases.
10. INTELLECTUAL PROPERTY RIGHTS AND LICENSES
Exclusive Ownership By Platform Provider: The content provided through our Services—whether digital (on the Sites and Apps) or physical (at the Studio Entity locations)—including without limitation, the text, software, source code, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (collectively, the “Content”), and the trademarks, service marks, trade dress, and logos contained therein (collectively, the “Marks”), are owned exclusively by or licensed exclusively to the Platform Provider. All intellectual property rights associated with the Services, and related goodwill, are the sole proprietary assets of the Platform Provider. You explicitly acknowledge that the Studio Entity is merely an independent licensee of the Platform Provider’s Marks and Content.
Reservation of Rights: The Content and Marks are protected by copyright, trademark, patent, and other proprietary rights and laws. You do not acquire any right, title, or interest in any Content or Marks by accessing or using the Services. Any rights not expressly granted herein are strictly reserved by the Platform Provider. “Yoga Box”, the “stripes” icon, and other graphics, logos, wordmarks, and designs are trademarks of the Platform Provider in the U.S. and/or other countries. You may not use, copy, or imitate the Marks, in whole or in part, including as part of domain names or social media handles, without the prior written permission of the Platform Provider.
Limited License to User: Subject to your strict compliance with this Agreement, the Platform Provider grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Content and Marks solely for your personal, non-commercial, informational purposes. You shall not reproduce, distribute, broadcast, publicly perform, modify, decompile, or otherwise exploit the Content or Marks for any commercial purpose.
Disclaimer of Warranties for Content: ALL CONTENT AND MARKS ACCESSED THROUGH THE SERVICES ARE PROVIDED STRICTLY “AS IS” AND “AS AVAILABLE.” THE PLATFORM PROVIDER EXPLICITLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE CONTENT. You agree that you will not attempt to circumvent, disable, or otherwise interfere with security-related features that prevent or restrict the use or copying of any Content.
Unsolicited Material: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services provided by you to us are non-confidential and shall become the sole, exclusive property of the Platform Provider upon submission.
11. USER CONTENT, FORUMS, AND INTELLECTUAL PROPERTY
User Content & Right of Publicity License: You are responsible for any information, text, reviews, images, videos, or other materials you post, upload, or transmit through our Services (“User Content”). By submitting User Content directly or indirectly (including tagging our social media accounts), you grant the Platform Provider and the applicable Studio Entity a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, publicly display, and create derivative works from such User Content for any commercial or non-commercial purpose. Furthermore, you explicitly grant the Platform Provider and the Studio Entity the right to use your name, image, likeness, and username in connection with such User Content, and you hereby waive any claims arising under the Right of Publicity (e.g., NY Civil Rights Law § 50 & 51, CA Civil Code § 3344) or any similar privacy statutes.
Indemnification for User Content: You warrant that your User Content does not infringe upon the intellectual property or privacy rights of any third party. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES RESULTING FROM SUCH INFRINGEMENT. YOU EXPRESSLY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE PLATFORM PROVIDER, THE STUDIO ENTITY, AND THEIR RESPECTIVE AFFILIATES FROM ANY THIRD-PARTY CLAIMS ARISING FROM YOUR USER CONTENT.
Unsolicited Ideas: Any ideas, proposals, or suggestions you submit to us are provided on a non-confidential basis. We are free to use them without any obligation, compensation, or restriction.
Forums & CDA Section 230 Safe Harbor: The Platform Provider may host message boards, reviews, or interactive features (“Forums”). Forums are public spaces. The Platform Provider acts solely as an interactive computer service provider and a passive conduit for User Content under Section 230 of the Communications Decency Act (47 U.S.C. § 230). We do not endorse User Content and explicitly disclaim all liability for any defamatory, inaccurate, or unlawful User Content posted by third parties. We reserve the absolute right, but not the obligation, to monitor, remove, or alter any User Content at our sole discretion.
Prohibited Content & CAN-SPAM Compliance: You shall not post or transmit Content that is illegal, defamatory, discriminatory, obscene, or that contains viruses, unauthorized commercial advertising, or sensitive personally identifiable information (PII). If you utilize any “share” or referral features on the Services to contact a third party, you explicitly warrant that you have obtained the prior affirmative consent of the recipient to receive such communication, and you agree to indemnify the Platform Provider for any violations of the CAN-SPAM Act or similar anti-spam legislation arising from your use of the referral tool.
DMCA Copyright Infringement Notices (Platform Provider): The Platform Provider complies with the Digital Millennium Copyright Act (“DMCA”). If you believe Content hosted on the digital Services infringes upon your copyright, you must send a written notification to the Platform Provider’s designated agent at: info@yogabox.com or by mail to 1050 University Avenue, Suite E1072, San Diego, California 92103. Your notice must include:
- A physical or electronic signature of the copyright owner or authorized agent;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material with sufficient detail to enable us to locate it (e.g., the URL);
- Your contact information (name, address, telephone number, email);
- A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
12. FEEDBACK AND UNSOLICITED IDEAS
Non-Confidential Submission: You may submit comments, suggestions, or ideas about our Services, including ways to improve the digital platform or the physical studio experience (the “Feedback”). You explicitly agree that your Feedback is provided on a strictly NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited, and without restriction.
Exclusive Assignment to Platform Provider: To the maximum extent permitted by law, you hereby assign all right, title, and interest in and to the Feedback exclusively to the Platform Provider. To the extent any such assignment is deemed invalid, you hereby grant the Platform Provider an exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, copy, modify, publish, redistribute, and create derivative works from such Feedback for any commercial or non-commercial purpose whatsoever, without compensation, attribution, or any obligation to you.
Waiver of Implied Contracts and Fiduciary Duties: You explicitly acknowledge and agree that neither the Platform Provider nor the Studio Entity assumes any fiduciary duty, implied-in-fact contract obligation, or other duty to you as a result of receiving your Feedback. The Platform Provider and the Studio Entity strictly reserve the right to use similar or related ideas previously known to them, developed independently by their respective, separate personnel, or obtained from third-party sources, without any liability to you.
13. MOBILE SERVICES, APP STORE EULAS, AND SMS MESSAGING
Mobile App Provider: The Apps and associated digital Mobile Services are developed, owned, and maintained strictly by the Platform Provider. You acknowledge that your use of the Apps operates strictly as a digital conduit to facilitate bookings and interactions with your local Studio Entity.
SMS Messaging & TCPA Consent: By providing your mobile phone number, you explicitly consent to receive transactional, operational, and promotional SMS text messages from the Platform Provider and your specific Studio Entity. You acknowledge that these messages may be sent using an automatic telephone dialing system. Consent to receive promotional texts is not a condition of purchasing any Services. Standard messaging and data rates may apply. You may opt-out of promotional messaging at any time by replying “STOP” to any received message. The Platform Provider explicitly disclaims liability for delayed or undelivered messages.
App Store Provider Terms: If you download the Apps via an Apple or Android device, you acknowledge that this Agreement is strictly between you and the Platform Provider, not with the app store provider (e.g., Apple Inc. or Google LLC) (“App Store Provider”). The Platform Provider is solely responsible for the Apps, its content, and providing any maintenance and support services. The App Store Provider has no obligation whatsoever to furnish any maintenance or support services. You must comply with all applicable third-party terms of agreement when using the Apps.
Biometric Data & Third-Party Integrations: The Apps may allow you to integrate with third-party biometric trackers (e.g., Apple Watch, Apple Health, Google Fit). The Platform Provider is not a healthcare provider and is not a covered entity under the Health Insurance Portability and Accountability Act (HIPAA). We do not guarantee the accuracy, reliability, or medical utility of any biometric data tracked or synced through the Apps. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM PROVIDER DISCLAIMS ALL LIABILITY FOR ANY DECISIONS, HEALTH OUTCOMES, OR DAMAGES RESULTING FROM YOUR RELIANCE ON BIOMETRIC DATA INTEGRATIONS.
App Store Warranties & Billing: THE PLATFORM PROVIDER DISCLAIMS ALL WARRANTIES RELATED TO THE APPS TO THE MAXIMUM EXTENT PERMITTED BY LAW. In the event of any failure of the Apps to conform to an applicable, non-disclaimable warranty, you may notify the App Store Provider. However, you explicitly acknowledge that the App Store Provider does not process, manage, or hold the funds for your recurring Studio Entity memberships or class packages. The App Store Provider cannot and will not refund health studio subscriptions or Mindbody transactions.
14. THIRD-PARTY SITES, SERVICES, AND PAYMENT PROCESSORS
Third-Party Links & Booking Platforms: Our Services may contain links to or integrate with third-party sites, applications, or platforms that are not owned or controlled by us. Specifically, you acknowledge that all financial transactions, membership bookings, and recurring subscription management are processed through independent third-party portals (e.g., Mindbody). We have no control over, assume no responsibility for, and do not endorse or verify the content, uptime, privacy policies, or practices of any third-party sites or services. We explicitly disclaim liability for any processing errors, downtime, or data breaches originating from third-party payment processors or booking platforms. We strongly advise you to read all third-party terms and conditions and privacy policies before utilizing their services.
Social Media Pages: The Platform Provider and the individual Studio Entities may maintain a presence on or link to social media websites, including but not limited to Facebook, LinkedIn, X (formerly Twitter), YouTube, TikTok, Pinterest, and Instagram (collectively, “Social Media Pages”). When you visit these Social Media Pages, you are no longer on our Sites, but rather a website operated by a third party. All comments, visuals, and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values, or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.
Assumption of Third-Party Risk: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, PAYMENT PORTALS, SERVICES, AND RESOURCES—INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES—IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
15. INTELLECTUAL PROPERTY RIGHTS
Content and Trademarks: We encourage you to share your experience. However, you may not record or stream entire class content, instructor cues, or playlists for redistribution. Commercial use of our trademarked logos or class names without prior written approval from the Platform Provider is strictly prohibited.
Prohibited Behavior & Studio Rules: To ensure a safe environment, you agree to strictly follow all instructions provided by Studio Entity staff and all posted physical signage. Prohibited behavior includes, but is not limited to: wearing unsafe or unnecessarily revealing clothing; exhibiting indecent exposure; interfering with instructors or other users; using equipment improperly; utilizing the Services under the influence of intoxicants or narcotics; or engaging in unauthorized commercial filming. The Studio Entity reserves the right, in its sole discretion, to immediately remove you from the premises and permanently ban you from the Services for exhibiting Prohibited Behavior. If you are banned for cause under this Section, you are not entitled to a refund for pre-paid classes or the current billing cycle, though the Studio Entity will cancel your future recurring billing obligations.
HEALTH AND SAFETY & ASSUMPTION OF RISK: PLEASE READ CAREFULLY: BY ENGAGING IN THE SERVICES, YOU EXPLICITLY ACKNOWLEDGE THAT THE YOGA BOX WORKOUT PROGRAM IS INTENSE, STRENUOUS, AND CONDUCTED IN EXTREME HEATED ENVIRONMENTS THAT CAN REACH UP TO 100°F (38°C). You explicitly agree and acknowledge that:
- You have voluntarily chosen to participate in this extreme physical environment and assume all primary risks associated with heat exposure, physical exertion, and proximity to other actively perspiring users.
- You have been fully informed that adverse physiological occurrences can result from these conditions, including but not limited to heatstroke, abnormal blood pressure, fainting, heart attack, or death.
- You warrant that you have no medical condition or injury that could be aggravated by the Services, and that you have obtained clearance from a licensed physician prior to participating, particularly if you are pregnant or have a cardiovascular history. Studio Entity staff are not medical professionals and cannot evaluate your physical condition.
- You acknowledge that floors and equipment may become slippery due to sweat and use. While the Studio Entity endeavors to maintain the facility, it does not guarantee or warrant the continuous adequacy, safety, or sanitized condition of equipment or surroundings during or between active use. You are solely responsible for taking the utmost care to protect your own safety.
RELEASE OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ASSUME ALL RISKS FOR YOUR HEALTH AND WELL-BEING. YOU FULLY RELEASE, DISCHARGE, AND HOLD HARMLESS THE PLATFORM PROVIDER, THE APPLICABLE STUDIO ENTITY, AND THEIR RESPECTIVE OWNERS, MANAGERS, EMPLOYEES, INSTRUCTORS, AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES RESULTING FROM PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY LOSS ARISING FROM ORDINARY NEGLIGENCE DURING YOUR PARTICIPATION IN THE SERVICES. THIS RELEASE DOES NOT WAIVE LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WHERE PROHIBITED BY LAW.
Personal Belongings & Local WiFi: You assume all risk of loss or theft for personal belongings brought onto Studio Entity premises. Furthermore, the Studio Entity may offer local WiFi access. Local WiFi is provided “AS IS.” The Studio Entity and the Platform Provider explicitly disclaim all liability for data breaches, intercepted transmissions, or malware contracted while utilizing the Studio Entity’s unencrypted public networks.
16. DESCRIPTIONS, TESTIMONIALS, MEDICAL DISCLAIMERS, AND RELIANCE
Non-Medical Nature of Services: The information presented on or through our Services, whether digital content originating from the Platform Provider or physical instruction originating from Studio Entity staff, is made available solely for general informational and physical fitness purposes. You explicitly acknowledge that neither the Platform Provider nor the Studio Entity, nor their respective staff or instructors, are licensed medical professionals, physical therapists, or registered dietitians.
Medical and Dietary Disclaimers: Any statements regarding physical health, rehabilitation, supplements, or diets must not be construed as medical advice. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY VERBAL OR WRITTEN ADVICE OR OPINIONS PROVIDED BY INSTRUCTORS, BLOGS, TESTIMONIALS, OR THIRD PARTIES. Claims regarding supplements or diets have not been evaluated by the Food and Drug Administration. You must not rely on the Services as a substitute for professional medical diagnosis or treatment. Never disregard professional medical advice or delay in seeking it because of information accessed through the Services or provided by Studio Entity personnel.
Third-Party and User Content: Our Services may contain testimonials, opinions, or event information provided by third parties or other users. We act solely as a passive conduit for this information. We do not endorse, warrant, or represent the accuracy, safety, or effectiveness of third-party content. Any reliance you place on such information is strictly at your own risk.
Service Availability and Modification: We reserve the right to continually refine and update the Services. The Platform Provider may modify, suspend, or restrict access to the digital Sites and App(s) at its sole discretion, without notice or liability for digital downtime. The Studio Entity reserves the right to modify class schedules, instructors, or physical facility layouts. HOWEVER, if the Studio Entity permanently ceases operations or substantially withdraws the physical components of the Services for which you hold an active, pre-paid membership or subscription, you shall not be liable for future recurring charges and will be entitled to a pro-rata refund for the unused portion of your contract, in strict accordance with the mandatory state health studio laws detailed in the Jurisdictional Addendum.
17. SERVICES INTERRUPTIONS AND FACILITY CLOSURES
Digital Service Interruptions (Platform Provider): The digital components of the Services (including the Sites, Apps, and booking infrastructure) may be suspended temporarily or permanently by the Platform Provider without notice to you for security purposes, maintenance, repair, system failures, or other similar circumstances. You acknowledge and agree that you are not entitled to any refund, credit, or rebate from the Platform Provider or the Studio Entity for temporary digital downtime or software outages.
Physical Studio Interruptions (Studio Entity): The Studio Entity reserves the right to temporarily close its physical facilities or alter its hours of operation for holidays, maintenance, extreme weather, or emergencies. You are not entitled to a refund for reasonable, temporary physical closures.
Permanent Physical Closure & Statutory Refunds: Notwithstanding the foregoing, if the Studio Entity permanently ceases operations at your designated physical location, or substantially alters the physical Services such that they are materially unavailable, your recurring billing obligations will be immediately terminated. Furthermore, you will be strictly entitled to a pro-rata refund for the unused portion of any pre-paid fixed-term memberships or class packages, in strict accordance with the mandatory consumer refund statutes of your jurisdiction (e.g., California Civil Code § 1812.89, New York GBL § 622), as further detailed in the Jurisdictional Addendum.
18. INTERNATIONAL USERS AND EXPORT CONTROLS
Digital Access (Platform Provider): The digital components of the Services (including the Sites and Apps) are controlled, operated, and administered strictly by the Platform Provider from its servers and offices within the United States. The Platform Provider makes no representation that the digital Services are appropriate, legally permissible, or available for use outside of the United States. If you access the digital Services from a location outside the United States, you do so on your own initiative and are solely responsible for compliance with all local laws. Data Privacy Disclaimer: The Services are explicitly directed at consumers within the United States. The Platform Provider expressly disclaims compliance with foreign data privacy frameworks, including the European Union’s General Data Protection Regulation (GDPR). By using the digital Services, you consent to the transfer and processing of your data strictly within the United States.
Physical Services (Studio Entity): The physical Services, memberships, and class offerings provided by the Studio Entities are strictly domestic and limited to their respective physical locations within the United States. Any physical attendance by foreign nationals is strictly governed by the domestic laws of the state in which the Studio Entity operates.
Export Restrictions: You acknowledge that the software and digital Content may be subject to United States export control laws and regulations. You explicitly warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, nor are you listed on any US Government list of prohibited or restricted parties.
19. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY LIMITS THE LIABILITY OF THE PLATFORM PROVIDER AND THE STUDIO ENTITY TO YOU.
Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING THE DIGITAL PLATFORMS, APPS, AND PHYSICAL STUDIO FACILITIES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PLATFORM PROVIDER AND THE STUDIO ENTITY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE DIGITAL SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, NOR DO WE WARRANT THAT THE PHYSICAL FACILITIES WILL BE FREE FROM DEFECT BEYOND OUR DUTY OF ORDINARY CARE.
Limitation of Indirect Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PLATFORM PROVIDER, THE STUDIO ENTITY, OR THEIR RESPECTIVE OWNERS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Financial Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE PLATFORM PROVIDER AND THE STUDIO ENTITY TO YOU FOR ANY DIRECT DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES SHALL BE STRICTLY LIMITED AS FOLLOWS:
- Against the Studio Entity: Liability is strictly limited to the total amount you actually paid directly to the specific Studio Entity for memberships or class packages in the twelve (12) months immediately preceding the event giving rise to the claim.
- Against the Platform Provider: Because the Platform Provider offers the digital App and Sites to you free of charge, the Platform Provider’s aggregate liability to you for digital, data, or software claims shall not exceed fifty U.S. dollars ($50.00).
Mandatory Statutory Carve-Outs: NOTWITHSTANDING THE FOREGOING LIMITATIONS IN SUBSECTIONS B AND C, NOTHING IN THIS AGREEMENT SHALL EXCLUDE, CAP, OR LIMIT LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE OR RECKLESS MISCONDUCT; (2) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (3) ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY EXCLUDED OR CAPPED UNDER THE APPLICABLE STATUTES OF YOUR JURISDICTION (E.G., MANDATORY STATUTORY DAMAGES UNDER STATE HEALTH STUDIO LAWS).
20. INDEMNIFICATION
Indemnification Obligation: To the maximum extent permitted by applicable law, you agree to explicitly defend, indemnify, and hold harmless the Platform Provider, the applicable Studio Entity, and their respective owners, managers, officers, directors, employees, agents, and independent contractors (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
- Your material breach or violation of this Agreement, including the Prohibited Behavior rules outlined in Section 5;
- Your gross negligence, willful misconduct, or violation of any law or the rights of a third party;
- Any User Content you submit, post, or transmit through the Services that infringes upon the intellectual property or privacy rights of a third party; or
- Your negligent, reckless, or intentional physical misconduct, or unauthorized interactions with other users or staff members on the Studio Entity’s premises.
Exclusions and Process: Notwithstanding the foregoing, this indemnification obligation shall not apply to any claims, losses, or damages resulting directly from the gross negligence, willful misconduct, or statutory violations of the Indemnified Parties. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree not to settle any claim subject to this indemnification provision without the prior written consent of the specific Indemnified Party involved.
21. GOVERNING LAW; VENUE; DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
Bifurcated Governing Law and Venue:
- Digital & E-Commerce Disputes: For any claims, disputes, or liabilities arising strictly from your use of the digital Services (Sites, Apps, E-Commerce), this Agreement shall be governed by the laws of the State of California. Any litigation not subject to arbitration shall be brought exclusively in the state or federal courts located in San Diego County, California.
- Physical & Premises Disputes: For any claims, disputes, or liabilities arising from your physical attendance, memberships, or injuries sustained at a Studio Entity, this Agreement shall be governed by the laws of the state in which the specific Studio Entity is physically located. Any litigation not subject to arbitration shall be brought exclusively in the state or federal courts encompassing the Studio Entity’s physical address.
Initial Dispute Resolution: Prior to initiating arbitration, you and the applicable defending party (the Platform Provider or the Studio Entity) agree to engage in a good-faith effort to resolve the dispute informally for at least thirty (30) days. You must send a written description of your claim to info@yogabox.com. This informal resolution process is a mandatory condition precedent to filing an arbitration demand.
Binding Arbitration: If the dispute remains unresolved, it shall be finally settled by binding individual arbitration administered by JAMS. The arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures (or Streamlined Rules, as applicable), excluding any rules or procedures governing or permitting class or representative actions. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve all disputes arising out of the interpretation, applicability, enforceability, or formation of this Agreement. The interpretation and enforcement of this arbitration agreement is governed exclusively by the Federal Arbitration Act (FAA).
Mass Arbitration & Batching Protocol: If twenty-five (25) or more similar demands for arbitration are filed against the Platform Provider or the Studio Entity by the same or coordinated counsel (a “Mass Filing”), the parties explicitly agree that the JAMS Mass Arbitration Procedures and Guidelines shall apply. To efficiently resolve Mass Filings, the arbitration provider shall randomly select twenty (20) demands to proceed as a “bellwether” batch. The remaining demands shall be stayed, and no arbitration fees shall be assessed for the stayed demands until they are actively batched and processed. Tolling: To ensure no claimant is prejudiced by this batching protocol, the statute of limitations and any filing fee deadlines shall be explicitly tolled (paused) for all demands maintained in the stayed queue from the date the initial demand was filed until the demand is selected for a bellwether batch or withdrawn. If the batch fails to resolve the broader dispute, the parties shall mediate the remaining claims before releasing further batches.
Class Action Waiver & McGill Carve-Out: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims. California Exception: Notwithstanding the foregoing, if a court of competent jurisdiction dictates that applicable law precludes the waiver of your right to seek “public injunctive relief” (e.g., under McGill v. Citibank in California), then the claim for public injunctive relief shall be severed from the arbitration and brought in a court of competent jurisdiction, but all other claims shall remain subject to arbitration.
30-Day Opt-Out: You have the right to opt-out of this arbitration provision by sending written notice to info@yogabox.com within thirty (30) days of your first use of the Services or purchase of a membership. Your notice must include your name, Account email, and an explicit statement opting out of arbitration. If you opt out, the venue provisions in Subsection A shall strictly apply.
22. ASSIGNMENT AND TRANSFER
Assignment by User: You may not assign, delegate, or transfer this Agreement, your Account, or your physical membership rights (or any of your rights or obligations hereunder) without the prior written consent of both the Platform Provider and the applicable Studio Entity. Any attempted assignment or transfer by you without such mutual, written compliance will be void ab initio.
Independent Assignment by Yoga Box: The Platform Provider and the Studio Entity operate independently. Therefore, the Platform Provider and the Studio Entity each reserve the unilateral right to freely assign, transfer, or delegate their respective rights and obligations under this Agreement—including the transfer of recurring billing authority to an acquiring entity—without notice to you or your consent, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of their respective assets. You acknowledge that such an assignment does not extinguish your statutory consumer rights regarding physical facility relocations or closures as detailed in the Jurisdictional Addendum.
Binding on Estate and Heirs: This Agreement shall inure to the benefit of, and be strictly binding upon, the parties and their respective legal representatives, heirs, estates, successors, and permitted assigns. SPECIFICALLY, YOU EXPRESSLY AGREE THAT THE ASSUMPTION OF RISK, LIABILITY WAIVERS, AND MANDATORY ARBITRATION PROVISIONS CONTAINED IN THIS AGREEMENT SHALL FULLY BIND YOUR SPOUSE, HEIRS, DEPENDENTS, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS IN THE EVENT OF YOUR DEATH OR DISABILITY.
23. NOTIFICATIONS
We may provide notifications to you as required by law or for marketing purposes via email to the primary email address associated with your Account, push notifications through the App, or by posting notices on the digital Services. The Platform Provider and the Studio Entity explicitly disclaim liability for any automatic filtering, spam blockers, or network provider restrictions that may prevent you from receiving such notifications.
24. OTHER POLICIES AND SUPPLEMENTAL RULES
Incorporation of Supplemental Policies: Your access to and use of the Services is also subject to the following supplemental policies, which are incorporated into this Agreement by reference:
- Digital Policies (Platform Provider): Your use of the Sites, App(s), and digital Services is governed by the Platform Provider’s Privacy Policy (https://www.yogabox.com/privacy-policy/).
- Physical Policies (Studio Entity): Your physical attendance is subject to the specific safety, equipment use, and facility rules posted on the premises or provided to you by the Studio Entity staff.
Supremacy of this Agreement: While you may be subject to supplemental rules or distinct financial terms presented during checkout (as noted in Section 25), this Agreement governs the overarching legal relationship between you, the Platform Provider, and the Studio Entity. In the event of a conflict between any supplemental safety or operational rule and this Agreement, the liability waivers, assumption of risk, and mandatory arbitration provisions of this Agreement shall strictly control. No supplemental policy shall override the statutory consumer rights detailed in the Jurisdictional Addendum.
Promotions and Sweepstakes: Any sweepstakes, contests, or promotions made available through the digital Services are governed by specific rules established by the Platform Provider that are separate from this Agreement. By participating, you become subject to those specific promotional rules, including age and geographic eligibility requirements.
Employment Disclaimer: The Platform Provider and the respective Studio Entities are separate legal entities and do not act as joint employers. The digital Services, Sites, and Apps are intended strictly for consumer use. Nothing contained in the Services, nor your acceptance of this Agreement, constitutes an employment contract, an offer of employment, or establishes an employment or independent contractor relationship between you and the Platform Provider.
25. ENTIRE AGREEMENT, SEVERABILITY, AND WAIVER
Entire Agreement & Incorporation by Reference: This Agreement, including the Jurisdictional Addendum, the Privacy Policy, and any specific financial terms, billing frequencies, or cancellation policies presented to you during the third-party checkout process (e.g., via Mindbody), constitutes the entire agreement between you, the Platform Provider, and the applicable Studio Entity concerning the Services. Exception for Physical Waivers: Notwithstanding the foregoing, this Agreement does not supersede any specific, localized physical liability waivers or assumption of risk forms executed by you in person at a Studio Entity; rather, this Agreement shall supplement and operate concurrently with such local waivers to maximize the assumption of risk and exculpation of liability.
Severability & Blue-Pencil Directives: If any section, paragraph, or provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, that specific provision shall be deemed severable. To the maximum extent permitted by law, the adjudicating body is explicitly directed to amend or “blue-pencil” the invalid provision to achieve the original intent of the parties—specifically regarding the maximum permissible assumption of risk and limitation of liability. If blue-penciling is not permitted, the invalid provision shall be severed entirely, and the remainder of the Agreement shall remain in full force and effect. The invalidation of any liability cap or waiver shall not invalidate the arbitration provisions of Section 21.
No Waiver: No waiver of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by the Platform Provider or the Studio Entity to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. All waivers must be explicit and in writing, signed by an authorized corporate officer of the applicable entity.
JURISDICTIONAL ADDENDUM: STATUTORY HEALTH STUDIO RIGHTS APPLICABILITY AND SUPREMACY
The following state-specific consumer rights apply only to Users who purchase a physical membership or class package at a Studio Entity physically located in the respective state. In the event of a conflict between this Jurisdictional Addendum and the general Terms of Service, the provisions of this Addendum shall strictly control. All statutory refunds are the sole legal and financial obligation of the specific Studio Entity. YB Management Group, LLC (the Platform Provider) does not process payments and is not liable for statutory membership refunds.
To exercise any of the cancellation rights below, you must provide written notice to your specific Studio Entity. To satisfy the “written notice” requirement electronically, you may utilize the self-service cancellation mechanism within your digital Account, or email the specific Studio Entity directly.
1. CALIFORNIA RESIDENTS
The following applies strictly to memberships purchased at a Studio Entity physically located in California, pursuant to California Civil Code §§ 1812.80 et seq.
5-Day Right to Cancel: You, the buyer, may cancel this agreement at any time prior to midnight of the fifth (5th) business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent to the physical address of your Studio Entity or delivered via the digital Account cancellation portal.
Death or Disability: If by reason of death or disability, you are unable to receive all services for which you have contracted, you and your estate shall be relieved from the obligation of making payment for services other than those received prior to death or the onset of disability. If you have prepaid any sum for services, so much of such sum as is allocable to services you have not taken shall be promptly refunded to you or your representative. “Disability” means a condition which precludes you from physically using the facilities and the condition is verified by a physician.
Relocation: If you move further than 25 miles from the Studio Entity and are unable to transfer your contract to a comparable facility, you shall be relieved from the obligation of making payment for services other than those received prior to your move, and if you have prepaid any sum for health studio services, so much of such sum as is allocable to services you have not taken shall be promptly refunded.
Facility Closure/Unavailability: If the Studio Entity eliminates or substantially reduces the scope of the facilities, such as permanently closing the location, you may cancel this contract and receive a pro-rata refund.
2. NEW YORK RESIDENTS
The following applies strictly to memberships purchased at a Studio Entity physically located in California, pursuant to California Civil Code §§ 1812.80 et seq.
CONSUMERS RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) BUSINESS DAYS FROM THIS DATE. Notice of cancellation shall be in writing subscribed by the buyer and mailed by registered or certified United States mail to the seller at the address specified in such form. Such notice shall be accompanied by the contract forms, membership cards and any other documents or evidence of membership previously delivered to the buyer. All moneys paid pursuant to such contract shall be refunded within fifteen (15) business days of receipt of such notice of cancellation. If the buyer has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the buyer shall also be returned within fifteen (15) days.
ADDITIONAL CANCELLATION RIGHTS: You may also cancel this contract for any of the following reasons:
- If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six (6) months.
- If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing.
- If you move your residence more than twenty-five (25) miles from any health club operated by seller.
- If the services cease to be offered as stated in the contract.
- All moneys paid pursuant to such contract cancelled for the reasons contained in this subdivision shall be refunded within fifteen days of receipt of such notice of cancellation; provided however that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract.
3. ILLINOIS RESIDENTS
The following applies strictly to memberships purchased at a Studio Entity physically located in Illinois, pursuant to the Illinois Physical Fitness Services Act (815 ILCS 645).
3-Day Right to Cancel : NOTICE TO CUSTOMER: You are entitled to a copy of this contract at the time you sign it. You may cancel this contract at any time before midnight of the third (3rd) operating day after receiving a copy of this contract. If you choose to cancel this contract, you must either: (1) Send a signed and dated written notice of cancellation by registered or certified mail, return receipt requested; or (2) Personally deliver a signed and dated written notice of cancellation to the Studio Entity. If you cancel this contract within the three-day period, you are entitled to a full refund of your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next operating day.
Death, Disability, and Relocation: You may cancel this contract if you die, or if a physician validates that you cannot physically use the facilities due to a significant physical disability. You may also cancel if you move your residence more than twenty-five (25) miles from the Studio Entity and no affiliated facility is available within twenty-five (25) miles of your new residence. Upon cancellation for these reasons, you are entitled to a pro-rata refund of any prepaid sums for services not yet received.
4. ARIZONA RESIDENTS
The following applies strictly to memberships purchased at a Studio Entity physically located in Arizona, pursuant to Arizona Revised Statutes §§ 44-1791 et seq.
3-Day Right to Cancel: You may cancel this agreement at any time prior to midnight of the third (3rd) operating day after you execute this agreement. To cancel, you must deliver or mail a written notice to the Studio Entity. If cancelled within this period, all monies paid will be refunded within thirty (30) days.
Death and Disability: You or your estate may cancel this contract if you die or become physically unable to use the facilities, provided the disability is verified by a physician.
Relocation (8-Mile Rule): You may cancel this contract if the Studio Entity permanently closes or relocates the physical facility more than eight (8) miles from its current location, or if you change your primary residence more than eight (8) miles from the Studio Entity. Upon cancellation, you are entitled to a pro-rata refund of all prepaid fees, less a cancellation fee not to exceed ten percent (10%) of the unearned portion of the contract.
5. COLORADO RESIDENTS
The following applies strictly to memberships purchased at a Studio Entity physically located in Colorado, pursuant to the Colorado Consumer Protection Act (C.R.S. § 6-1-101 et seq.).
3-Day Right to Cancel: You, the buyer, may cancel this contract at any time prior to midnight of the third (3rd) business day after the date of this contract. To cancel, you must notify the Studio Entity in writing. You will receive a full refund of any prepayments made under this contract within twenty-one (21) days of your cancellation notice.
Medical and Relocation Cancellations: You may cancel this contract if you become physically or medically disabled and a physician confirms your inability to use the facility. You may also cancel if you permanently relocate your residence more than twenty-five (25) miles from the Studio Entity or any affiliated facility. Upon such cancellation, you will receive a pro-rata refund of any prepaid sums allocable to services not utilized.