TERMS & CONDITIONS
All customers of any of the Evolve Pole & Dance Studio locations in California, and visitors of www.evolvedancestudio.com are subject to the terms below.
Please read them carefully, as they include important information regarding your rights, remedies and commitments when using Evolve’s services and website.
Our Terms and Conditions includes a variety of limitations and prohibitions, and dispute resolution clauses that govern how disputes will be resolved. If you do not agree to be bound by these terms and conditions, you should stop using our website immediately, and also insure the front desk is notified of your specific objections to any of the contents herein. If you do not notify Sweat Yoga of any objections to any of the terms in this document, it is agreed you have found the contents contained herein to be acceptable.
THE TERMS AND CONDITIONS ARE ORGANIZED AS FOLLOWS (CLICK TO VIEW SECTION):
- WEBSITE CLASSES
- YOUR ACCOUNT
- REFUNDS AND CANCELLATIONS
- SALES AND PAYMENT TERMS
- ELECTRONIC COMMUNICATIONS
- INTELLECTUAL PROPERTY RIGHTS
- WARRANTIES & DISCLAIMER
- HEALTH & SAFETY DISCLAIMER
- CHANGES IN POLICY
- ACQUISITION OF BUSINESS
- CONTACT US
This agreement applies between you, the user of this website and Evolve Pole & Dance Studios of California, the owner of this website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of this website. No part of this website is intended to constitute a contractual offer capable of acceptance. Your order for Evolve’s products or services shall constitute a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled. As long as you comply with these terms and conditions and any modifications hereto as permitted below, we grant you a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Website.
This service is operated by Evolve Pole & Dance Studio, (hereinafter referred to as “we, us or our”). We are a company registered in CALIFORNIA and provide Fitness CLASSES for our customers at the studios located in the Los Angeles area.
Use of our Website Services
1) You agree to use the Services for lawful purposes only and in a way that does not infringe the rights of/or restrict or inhibit any person’s use and enjoyment of our Services and in compliance at all times with these terms and conditions and with all prevailing laws and regulations.
2) In accessing the Services, you agree that you will only access its contents for your own personal and non-commercial use and not for any commercial or other purposes, including the advertising or selling of any goods or services. You also agree not to adapt, alter or create a derivative work from any content on our Services except for your own personal, non-commercial use. You will need our prior written permission if you want to use any content on our Services for any other reason.
4) You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any Materials, documents or information through any means not purposely made available through the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any of the systems or networks comprising or connected to the Website. You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all of your data and/or equipment, and to restrict access to your computer to avoid disclosure of such items.
5) If you are under 18 you will need to obtain your parent’s or guardian’s permission before using the Services and must not reveal any personal information about yourself or anyone else (e.g. your telephone number, home address, email address) to us or to any other users of the Services.
6) You may view, download and print pages or other content from the Website provided that: (a) you do not republish Material from the Website (including republication on another website), or reproduce or store Material from the Website in any public or private electronic retrieval system; (b) you do not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Website or Material for a commercial purpose, without our express written consent.
7) The creators, owners and distributors of the Website are not responsible for any injuries you may experience as a result of your use of the Website, Products, Material or Services. By remaining on the Website and/or accessing and / or using any material, you are accepting that you have read, understood and agreed to follow these basic instructions. You agree to participate at your own risk.
1) We strive to create a safe and innovative environment by using physical exercise as our backdrop for lifelong training and health. The following apply to the Classes:
a. If you are more than 5 minutes late for a Class, you will not be able to enter the class if the class is 75% or more full. We will treat such lateness under said circumstances as a late cancellation and the class credit will be forfeited.
b. WAITLIST: in the event a class is sold out, we will open the class to students on the waitlist 5 minutes prior to class starting. If your spot is given to a waiting student due to your late arrival, we will credit the class back to your account.
c. There are significant elements of risk, serious injury or even death in any sport, activity, or training associated with exercise services. Injuries will vary in their severity depending on the circumstances and could possibly result in serious disabling injuries. Participants in our classes should be aware of such risks and commit to make every effort to educate themselves and train in such a way as to limit risk of injury to themselves and others. You are responsible for bringing all prescribed medication, appropriate clothing and footwear, and/or any equipment deemed necessary for protecting yourself against injury.
d. Always obey instructions from our staff in relation to participating in our classes. Breach of these rules means you may be asked to be removed from our classes.
e. If a class you particularly want is not available please sign up for the waiting list. Instructors and classes are subject to change.
1) Before you make any purchases or subscribe to any programs on the Website, you must first establish a customer account (hereinafter referred to as “Account”), through our booking and scheduling Platform.
2) You shall be responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify us immediately of any unauthorized use of your Account or password, or any other breach of security. You may not use anyone else’s password or Account at any time.
3) You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the
4) You also agree that we may, in our sole discretion and without prior notice to you, terminate your access to the Website/Account for any reason, including without limitation: (a) attempts to gain unauthorized access to the Website or assistance to others’ in attempting to do so, (b) overcoming software security features limiting use of or protecting any Material, (c) discontinuance or material modification of the Site or any service offered on or through the Site, (d) violations of these terms and conditions, (e) failure to pay for subscriptions or purchases, (f) suspected or actual copyright infringement, (g) unexpected operational difficulties, or (h) requests by law enforcement or other government agencies.
5) You agree that we shall not be liable to you or to any third party for termination of your access to the Website/Account.
Refunds and cancellations of classes and products
1) Packages for our Classes are sold in such combinations as we may introduce from time to time. Any assignment, transfer or disposal of classes and packages are at our sole discretion and may only be permitted in exceptional circumstances. Class fees are non refundable. All Class Packages will expire 6 months from the date of purchase.
2) Class fees may be increased by us at any time. We shall give you at least 14 days notice prior to any such increases.
3) When you are purchasing a single class or package, you are paying for a Class and not an instructor. Instructors are subject to change without notice.
4) Cancellation policy:
a) Pre-reserved classes must be cancelled 12 hours or more prior to the class start time.
b) For customers who purchased a 5, 10, 20 Class Package – If you are a No-Show or you cancel your reservation within the 12 hours prior to class start time, one class will be deducted from your purchased Class Package.
c) For customers who have an Unlimited membership – If you are a No-Show or you cancel your reservation within the 12 hours prior to class start time, you will be charged a $20 late cancellation/missed class fee.
d) The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase. An administration fee shall be applicable for such refunds.
e) All Products provided by us may be returned within 3 days for exchange only or a credit to be used at the studio at some future time. Returns are valid only for Products that have not been opened, used or damaged. Products which are defective or damaged upon arrival may be returned immediately for exchange or refund.
f) We shall have the right to refuse or cancel any orders placed for Products and/or Services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
g) We reserve the right, at any time, to change the prices and billing methods for any Products or Services which shall be made effective immediately upon posting on the Website or by e-mail delivery to you. Information displayed on the Website or at our Studio as to pricing and availability is subject to change without notice.
h) You expressly agree to waive any such opportunity to contest a charge credit we have denied if our denial is consistent with our published policies, with your credit card company.
Sales and payment terms
1) To purchase any Products or Services on our Website, you must (a) be at least eighteen (18) years of age and (b) be a natural person (no corporations, partnerships or other legal entities).
2) Prior to the purchase of any Products or Services on our Website, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, (v) any activation numbers or codes needed to charge your card and (vi) your billing address to which the card is associated. By submitting the aforesaid information to us or a third party used by us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. Unless otherwise set forth all sales of products and services are final and all charges from those sales are non-refundable.
3) You agree to pay all fees and charges incurred in connection with your purchases of our Products or Services (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify us of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes.
You consent to receive electronic communications from us when you communicate with us electronically, via email or otherwise or when you set up an Account with us. You agree that all communications (including, but not limited to all notices, agreements and disclosures) that we provide to you electronically shall satisfy any legal requirement that such communication be in writing.
Intellectual property rights
1) All Materials are protected by copyright, trademarks, database rights and other intellectual property rights and are owned by or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right to use the Materials other than as permitted in these terms and conditions.
2) Except as specifically permitted on our Services, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of our Services without our prior written permission (and the prior written consent of the owner of the relevant intellectual property rights as and if applicable).
3) Unless otherwise stated, we own the intellectual property rights in the Website and Material. All our intellectual property rights are reserved.
4) You may use the Website for personal and lawful use and in accordance with these terms and conditions.
5) We accept no obligation to monitor the use of the Website. However, we reserve the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or material, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. We shall also in our absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site as we may change the site from time to time.
6) We value intellectual property and respect the intellectual property rights of others. We shall remove material on the Website that infringe the copyrights of others or that in our good belief infringes such copyrights.
Reliance on information on our website
Information published via the Website is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed. We do not warrant that any Materials are accurate or free from error and we disclaim all liability and responsibility arising from any reliance placed on any content on the Website by you or by anyone who may be informed of any of the contents of the Website.
Warranties and disclaimer
Our Services are provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other terms of any kind, express or implied, in connection with our Services and your use of our Services (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility,
1) You agree to indemnify, defend and hold us harmless against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the Website, Products, Services or Materials; (ii) any violation by you of these terms and conditions or your violation of any law, regulation or third-party right.
2) You agree that your representations and warranties, and your obligation to indemnify us, shall survive beyond any term that these terms and conditions affected.
Health and safety disclaimer
1) Always seek the advice of your physician or other qualified health professional before starting or changing any exercise program or making a lifestyle change. This is particularly important if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. Do not delay seeking a diagnosis or any medical advice or treatments based on information contained on this Website or in any of the Material.
2) Our Website is not intended to provide medical advice or make medical diagnoses. The Services may not be tailored to match your health or fitness level. If you are concerned about whether any exercises identified on the Website or in any of the Material are right for you, do not do them unless and until you have cleared it with your physician. Stop exercising and consult your physician if you feel light-headed or if you experience any discomfort. Only you can monitor your condition during your class. You are responsible for practicing within your limits and seeking attention and advice as appropriate.
2) While we take reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. in no event shall we be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party’s unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether we are given actual or constructive notice that damages were possible.
If any of these terms and conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and condition are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
Jurisdiction (applicable law)
1) The terms and conditions are governed by and construed in accordance with the laws of the State of California. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts in California. 2) In the event that any portion of these terms and conditions are deemed unenforceable, unlawful or void by a court of competent jurisdiction, in any jurisdiction for any reason because of the scope, duration or area of its applicability or for other reasons, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction.
From time to time, the policies set forth in these terms and conditions may change. We will post changes to these terms and conditions at the Website, and any changes will become effective immediately upon being posted unless we tell you otherwise. Please review these terms and conditions often so that you will remain abreast of our current policies. Your use of this Website including any purchases you may make from the Website subsequent to any amendment of these terms and conditions will signify your acceptance of, and assent to, its revised terms and that such revised terms shall be applicable.
Acquisition of business
In the event that we are involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that the Website, all data collected on this Website, and all of our rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction.
If you have any questions concerning the Website or policies in these terms and conditions, please contact us at [email protected].