This Agreement is between private instruction or public class participant (“Client”) and Alex Paige Yoga (“Company”) (collectively the “Parties”, or in the singular “Party”), for the purpose of Client hiring/paying Company for private yoga instruction or public class services. This Agreement shall become effective upon the date of both Parties’ signatures for private instruction (which shall be distributed to client electronically) or automatically by public class participant the moment they register for a class. Public class participant may constitute anyone who registers to attend a public yoga class, sound bath, series, or retreat.
1. RefundsIn the event that this Agreement is terminated pursuant to Section 2, no portion of any payments of any kind whatsoever shall be owed or refunded to Client.
2. Term & Termination 2.1 Termination by Client This Agreement shall last for a term of each individually scheduled private instruction or public class. Client automatically renews this Agreement with each scheduled private instruction or public class. Client understands that renewal is not guaranteed.
Client may terminate this Agreement upon giving more than 48 hours prior to scheduled private instruction or public class written notice to Company, for a full refund to be given. Client may terminate this Agreement upon giving 24-48 hours prior to scheduled private instruction or public class written notice to Company, for a partial (50%) refund to be given. Client may terminate this Agreement upon giving 24 hours or less prior to scheduled private instruction written notice to Company, but no refund will be given. Notice may be given pursuant to Section 6 or by cancellation through booking platform on “Momoyoga”. If such notice is given and there is still an outstanding balance on Client’s account, Client must pay the remaining balance to Company. Company reserves the right to collect any outstanding and unpaid balance.
2.2 Termination of Services by Company Company may terminate this Agreement at any time in the event Client breaches this Agreement, Client fails to comply with suggestions provided by the Yoga & Sound Bath Teacher without reaching an agreeable alternative solution, or Client does not remit payment.
Further, if Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, being called into work for primary job, injury, illness, death of family member, pregnancy, military orders, religious obligations, other personal emergencies, or complete breakdown of communication or relationship with Client, it will:
- Immediately give Notice to Client;
- Issue a full refund or credit for private instruction or public class based on the total paid; and
- Excuse Client of any further performance and/or payment obligations under this Agreement.
3. No GuaranteesCompany does not make any guarantees as to the results, including yoga, health, or other personal gains, of any services provided. Company agrees to provide the services listed in this Agreement or class description in a reasonable and timely manner. Client agrees to take responsibility for Client’s own results. Company will not be held liable by any injuries sustained by Client as Client is expected to listen to their body and vocalize when they’ve reached their limit.
4. Release & Reasonable ExpectationsClient has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services will produce different outcomes and results for each Client. Client understands and agrees that:
- Every Client and final result is different;
- Health and yoga coaching and/or consulting is a subjective service and Company may give different information to each Client depending on its needs and personal health;
- Company will use its personal judgment to create favorable experiences to each Client depending on their personal health and needs; and
- Dissatisfaction with Company’s independent judgment or individual teaching style is not valid reasons for termination of this Agreement or request of any monies returned.
5. Force MajeureNo Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 5-10 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 15-30 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. The Retainer and all other payments made by Client up to the date of Notice of a Force Majeure Event are non-refundable.
6. NoticeParties shall provide effective notice (“Notice”) to each other via text (primary) and email (secondary) at the date and time which the Notice is sent: Company’s Text: 256-283-7058; Company’s Email: hello@alexpaigeyoga.com. If Client signed up for a public class through the booking platform “Momoyoga”, they may give notice of cancellation through the platform.