DRIFT LiabilityWaiver and Terms of Service

Release of Liability

1. I recognize that activities related to yoga classes, workshops, retreats and/or trips involve physical activities which may be strenuous and may cause injury. I understand that I must judge my own capabilities with respect to any activity. By my participation in any activity or yoga practice taught at or by DRIFT Yoga + Juice Bar of which I will receive instruction on yoga and health in any location, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, that I may incur.

2. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in any activity. I represent and warrant that I am physically and mentally fit and have no medical condition which would prevent my full participation in any activity. I acknowledge that it is my responsibility to inform the instructor of any injury or other condition that might affect my ability to participate in any activities, and to inform the instructor immediately if an injury occurs.

3. Although I acknowledge there is no obligation for any person to provide medical care during, prior to or after any activity related to DRIFT Yoga + Juice Bar, I hereby give permission for staff to provide first aid, administer prescribed or OTC (over the counter) medication as prescribed or directed by participant, and/or aid in seeking emergency medical treatment as needed. IN THE EVENT MEDICAL TREATMENT IS PROVIDED TO ME, I HEREBY WAIVE ANY CLAIM AGAINST DRIFT Yoga + Juice Bar, THEIR MEMBERS, EMPLOYEES AND/OR AGENTS FOR ANY INJURY, DAMAGES OR DEATH CAUSED BY THE NEGLIGENT PROVISION OF SUCH MEDICAL CARE.

4. I, MY HEIRS OR REPRESENTATIVES RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE OR ASSERT CLAIM AGAINST DRIFT Yoga + Juice Bar, THEIR MEMBERS, EMPLOYEES AND/OR AGENTS FOR ANY INJURY, DAMAGES OR DEATH CAUSED BY THEIR NEGLIGENCE. I KNOWINGLY, VOLUNTARILY AND EXPRESSLY WAIVE ANY CLAIM I MAY HAVE AGAINST DRIFT Yoga + Juice Bar, THEIR MEMBERS, EMPLOYEES AND/OR AGENTS FOR ANY INJURY, DAMAGES OR DEATH AS A RESULT OF PARTICIPATING IN DRIFT Yoga + Juice Bar ACTIVITIES OF ANY KIND.

5. I have carefully read this waiver and release, I understand that I have the opportunity to negotiate its terms with the owners and staff of DRIFT Yoga + Juice Bar. By signing this form, I voluntarily agree to the above terms, releasing DRIFT Yoga + Juice Bar from its own negligent acts.

Notes:
DRIFT Yoga + Juice Bar reserves the right to refuse service at any time. DRIFT Yoga + Juice Bar is not responsible for lost, stolen or damaged items.

Terms of Use

Thank you for using this service, which is owned and operated by Drift by Vivian LLC, dba DRIFT Yoga + Juice Bar (“DRIFT Yoga + Juice Bar,” “we,” “us,” and “our”). DRIFT Yoga + Juice Bar offers yoga classes, instruction, exercises, memberships, and other programs, events and activities conducted or organized by or through DRIFT Yoga + Juice Bar, whether in-studio, in person, online, live, recorded or otherwise (collectively, with all related activities, the “Activities”). Not all participants in DRIFT Yoga + Juice Bar Activities need to be members of DRIFT Yoga + Juice Bar; however, participants in specific DRIFT Yoga + Juice Bar programs and Activities agree to the additional terms and conditions of those programs and activities, certain of which are set forth below in these Terms of Use (the “Terms of Use”), in the DRIFT Yoga + Juice Bar Student Terms & Conditions, and in the DRIFT Yoga + Juice Bar Liability Waiver, and others are described at the location of those specific programs and activities.

These Terms of Use govern your use of driftyogajuicebar.com or other websites that are owned or controlled by DRIFT Yoga + Juice Bar and on which we post a link to these Terms of Use (“Website”). The Website, Social Media Pages, and the Activities are collectively referred to as the “Services.” These Terms of Use apply to all users of the Services and govern your use of the Services as well as the products and Activities that are offered on or through the Services. These Terms of Use incorporate the DRIFT Yoga + Juice Bar Student Terms & Conditions, DRIFT Yoga + Juice Bar Liability Waiver, Class Reservation & Cancellation Policy, and DRIFT Yoga + Juice Bar Membership Rules (Promotions), and include legal terms and disclaimers.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE YOU USE OR ACCESS THE SERVICES OR ANY OF THE PRODUCTS OR ENGAGE IN ACTIVITIES THAT ARE AVAILABLE ON OR THROUGH THE SERVICES AS SUCH TERMS AFFECT YOUR LEGAL RIGHTS.

These Terms of Use include an Arbitration Agreement, which will govern any dispute between you and DRIFT Yoga + Juice Bar. Unless you opt out as described below, this Arbitration Agreement will: Eliminate your right to a trial by jury and substantially affect your rights, including preventing you from bringing, joining, or participating in class, representative, or consolidated proceedings.

I. YOUR ACCEPTANCE OF THESE TERMS OF USE

By accessing or using the Services or any of the products available thereon and/or engaging in Activities, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Services or any of the products available thereon or participate in the Activities.

II. YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. Before using the Services, please carefully review our Privacy Policy and any applicable Privacy Notices, as more particularly described in the Privacy Policy. All personal information provided to us as a result of your use of the Services will be handled in accordance with the DRIFT Yoga + Juice Bar Privacy Policy. To the extent that there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

III. YOUR CONSENT TO OTHER AGREEMENTS

When you sign up to use a special feature of the Services, such as our Text Program, you may be asked to agree to special terms governing your use of the special feature (“Additional Terms”). In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” If any of the terms of the Additional Terms are different from the terms of these Terms of Use, the terms of the Additional Terms will supplement or amend these Terms of Use, but only with respect to the matters governed by the Additional Terms.

IV. THESE TERMS OF USE MAY CHANGE

DRIFT Yoga + Juice Bar reserves the right to modify or add to these Terms of Use at any time, effective as of the posting of the new terms or a later date as may be specified in the new terms. You agree that we may notify you of the new terms by making them available via the Services, and that your use of the Services after the effective date of the new terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the new terms. We therefore encourage you to review these Terms of Use every time you use the Services. We may also provide notice to you of any update to these Terms of Use in other ways in our discretion, such as through contact information you have provided, all in accordance with applicable laws and our Privacy Policy.

V. DISABILITY

If you are unable to review or access these Terms of Use due to a disability, please email us at flowwithus@driftyogajuicebar.com or call us (206) 618 3928 at to access these Terms of Use in an alternative format.

VI. ELIGIBILITY

Services are open to any person(s) eighteen (18) years of age or older. By installing, accessing or using the Services, you represent that you (a) are at least eighteen (18) years of age or the age of majority in your place of residence and (b) are not located in a country that is subject to a U.S. government embargo, and/or have not been listed on any U.S. government list of prohibited or restricted parties. In addition, you agree to abide by all applicable local, state, national, and international laws, and regulations with respect to your use of the Services and agree not to interfere with the use and enjoyment of the Services by other users, and our operation or management of the Services.

VII. YOUR COMPLIANCE WITH LAWS

Use of the Services is unauthorized in any jurisdiction where all or any portion of the Services may violate any legal requirements, and you agree not to access the Services in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk.

VIII. YOUR COMPLIANCE WITH DRIFT YOGA + JUICE BAR RULES AND DIRECTIONS

By participating in Activities, you agree to observe all rules and directions of DRIFT Yoga + Juice Bar and the locations (in-studio, in person, online or otherwise) at which Activities take place (“Rules”). We reserve the right to take any action that we deem appropriate in the exercise of our discretion, including but not limited to suspension or termination of your privilege to participate in Activities for violation of DRIFT Yoga + Juice Bar Rules and directions.

IX. OWNERSHIP OF THE SERVICES AND ITS CONTENT

The Services, including all their software and code comprising or used to operate the Services, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, literary property, works of authorship and/or other information, documents, materials, or content available on or through the Services (“Content”) are protected under applicable intellectual property and other laws, including without limitation the laws of the United States, Canada, and any other jurisdictions from which you are able to access or use the Services or in which the Services are available. All Content and intellectual property rights in and to the Content are the property of DRIFT Yoga + Juice Bar or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. All rights not expressly granted are reserved.

Subject to these Terms of Use, DRIFT Yoga + Juice Bar grants to you a personal, non-exclusive, non-transferable, nonsub-licensable, limited, and revocable license to use the Services for personal use only in accordance with these Terms (“User License”). Any use of the Services in any other manner, including, without limitation, the resale, transfer, modification or distribution of the Services, Content and the User-Generated Content is strictly prohibited. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any right, title or interest in or to the Services, Content, or User-Generated Content, or any intellectual property (including goodwill) therein or thereto.

You agree not to reverse engineer, decompile, reverse assemble, modify, or attempt to discover any source code that we use or create to generate the Services or any software or other products or processes accessible through the Services. You further agree that, in accessing and using our Content as permitted by these Terms of Use, you will keep intact any copyright or other proprietary notices on the Services and/or Content. You also agree that you will neither (a) use any robot, spider, rover, scraper, or any other data-mining technology or automatic or manual process to monitor, cache, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or Internet browser usage); nor (b) modify, provide access to, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use the Content in any way except as specifically permitted by these Terms of Use or otherwise in writing by DRIFT Yoga + Juice Bar. You agree not to allow or assist any third party in violating or attempting to violate any of the above restrictions or prohibitions, whether or not for your benefit.

X. TRADEMARKS

The DRIFT Yoga + Juice Bar names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of DRIFT Yoga + Juice Bar (the “DRIFT Yoga + Juice Bar Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited, or otherwise indicated within the Services are the property of their respective owners. You are not authorized to display or use the DRIFT Yoga + Juice Bar Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Services without the prior written permission of such owners. The use or misuse of the DRIFT Yoga + Juice Bar Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

XI. REGISTRATION AND ACCOUNT CREATION

DRIFT Yoga + Juice Bar may at times require that you register and/or set up an account to access or use the Services. The decision to provide the information necessary to create an account is purely voluntary, however, please be advised that if you elect not to provide the required information, you may not be able to access or use certain materials or features of the Services. When you provide information to us, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.

With respect to any registration or account-creation feature you use, you agree to: (a) create only one account; (b) provide accurate, truthful, current, and complete information when creating your account; (c) maintain and promptly update your account information; (d) help maintain the security of your account by not sharing your user name or password with others and by restricting access to your account and the device(s) from which you access your account; and (e) promptly notify DRIFT Yoga + Juice Bar if you discover or otherwise suspect any security breaches relating to the Services. Your username and password are for your personal use only. If you use the Services, you may not authorize others to use your registration information or account, and you are responsible for your use and disclosure of the same.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

WE HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

XII. PURCHASES

The Services may allow you to purchase certain products. Some situations may result in your order for products being canceled. These include but are not limited to: limitations on the quantities of any products available for purchase; inaccuracies or errors in product or pricing information; product restrictions mandated by local, provincial, national, or international regulations; and problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.

For the avoidance of doubt, we reserve the right, at our sole discretion, to limit quantities available of any product for sale or sold, and the right at any time to reject, correct, cancel, or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your payment method (e.g., credit card) has been charged, we will issue a credit to you (e.g., refund to your credit card you used to make the purchase) in the amount of the charge.

Although we will endeavor to provide you with the most accurate information regarding our products, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on the Services.

Subject to applicable laws, we may amend the Services, as well as the products listed through the Services, and/or the amounts that we charge for same at any time, without prior notice.

XIII. PAYMENT

DRIFT Yoga + Juice Bar does not accept payments in cash. Credit/Debit cards are the only form of payment accepted by DRIFT Yoga + Juice Bar. The prices displayed on the Services are quoted in U.S. dollars only. Fees for any products do not include any applicable sales, use, excise, value-added, or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same. Unless stated otherwise, please note that the price of any products listed on the Services do not include shipping and handling or any applicable sales, use, excise, value-added, or other taxes or duties, including, without limitation, any fees, customs, duties, levies, and other charges that may be incurred in connection with the purchase, sale, import, and/or export of any products to or from your jurisdiction, as imposed under applicable law or by a governmental agency or authority from time to time (collectively, “Taxes and Duties”). For clarity, and without limiting the foregoing, you acknowledge and agree that you are solely responsible for the payment of all Taxes and Duties in connection with your purchase of any products on or through the Services.

XIV. THIRD-PARTY SERVICES AND CONTENT

The Services may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. DRIFT Yoga + Juice Bar shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Further, functionality on the Services may also permit interactions between the Services and a third-party website or online feature, including without limitation, applications that connect the Services or your profile on the Services with a third-party website. For example, the Services may include a button enabling you to indicate, on your social networking page, that you “like” specific content on the Services, or a feature that lets you post to your social networking page a link to specific content from the Services or the ability to share content from the Services or your User Generated Content posted at the Services with a third party, which may be publicly posted on that third party’s website. Using this functionality typically requires you to login to your account on the third-party website and you do so at your own risk.

XV. MODIFICATION AND DISCONTINUATION

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend, or discontinue, temporarily or permanently, the Services (or any portion thereof) and/or the information, materials, products, and/or services available through the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Services.

XVI. CANCELLATION POLICY

I understand and agree to DRIFT Yoga + Juice Bar’s late-cancel and no-show policy and understand the fees involved. I must cancel my class more than 2 hours prior to the class start time in order to unreserve my spot and return it to my account. If I cancel my class 2 hours or less prior to the class start time, this will be considered a “late-cancel.” If I do not show up to my class and do not cancel, this will be considered a “no-show.” I understand that DRIFT Yoga + Juice Bar will automatically charge any late-cancel or no-show fees to my credit card on file.

A) Membership Programs

i. Late-cancel is a $10 fee. No-show is a $10 fee.

B) Single Classes, Class Packs and New Client Specials.

i. Late-cancel is a $15 fee. No-show results in loss of class credit.

XVII. RIGHT TO REFUSE

The DRIFT Yoga + Juice Bar Management Team and Instructors reserve the right to refuse entry to our studio to customers when necessary for any reason, including but not limited to, inappropriate or offensive conduct and health concerns. Customers may be banned from participating in programs, workshops, or attending classes when their conduct in the studio (either with fellow students or with instructors) is deemed inappropriate and/or unsafe towards the other patrons. The DRIFT Yoga + Juice Bar Management Team may use their discretion to determine when conduct has elevated to the level of warranting refusal of entry to our studios.

XVIII. APPEARANCE RELEASE

I, the undersigned, authorize DRIFT Yoga + Juice Bar, affiliates, subsidiaries, licensees, agents, representatives, officers, directors, employees, successors and assigns (“DRIFT Yoga + Juice Bar”) to make use of my appearance on DRIFT Yoga + Juice Bar’s website, social media channels, and app. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, I agree that DRIFT Yoga + Juice Bar may film and/or photograph me, and record my voice, in connection with my appearance. I understand that DRIFT Yoga + Juice Bar will be the sole owner of the results and proceeds of such filming, photographing and recording (“Materials”) with the exclusive right, throughout the world, including copyright, to use and to license others to use all or any portion of the Materials. DRIFT Yoga + Juice Bar is not obligated to use the Materials. I further agree that DRIFT Yoga + Juice Bar may use and license others to use the Materials, my name, voice, likeness, mannerisms, characteristics and any other biographical material concerning me for promotion, advertising, sale, re-creations of events in connection or otherwise throughout the universe, in all media, now known or hereafter devised, in perpetuity. I further represent that any factual statements made by me during my appearance are true, to the best of my knowledge, and that neither my appearance nor any statements made by me will violate or infringe upon the rights of any third party. I waive any right of inspection or approval of my appearance, including any Materials related to my appearance in the project. I acknowledge that DRIFT Yoga + Juice Bar will rely on this permission, potentially at substantial cost to DRIFT Yoga + Juice Bar, and I agree not to assert any claim of any nature whatsoever (including any claims for injunctive relief or money damages, all of which I hereby knowingly waive) against anyone relating to the exercise of this permission or to the use of the Materials by DRIFT Yoga + Juice Bar, or with the consent of DRIFT Yoga + Juice Bar. I agree to release, defend, indemnify and hold DRIFT Yoga + Juice Bar harmless from any and all claims, demands, costs (including outside attorneys’ fees) and causes of action of any kind or nature whatsoever now and in the future, including without limitation defamation, bodily harm, infliction of emotional distress and invasion of privacy, arising out of or in connection with my appearance, statements or actions in or in connection with this material. I agree not to issue any press releases or other public statements, or speak to the press about the project or my involvement in the project without DRIFT Yoga + Juice Bar’s prior written permission.

XIX. ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER

Mandatory Binding Individual Arbitration. Except as expressly provided below, you agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity, or any other legal theory) between you and DRIFT Yoga + Juice Bar (whether arising out of or relating to past, present, or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).

Waiver of Class Actions. You and DRIFT Yoga + Juice Bar each agree that each party will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.

Waiver of Jury Trial. Each party waives its constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.

Opt-out. You may opt out of this Arbitration Agreement if you send DRIFT Yoga + Juice Bar a signed, written opt-out notice within thirty (30) days of your initial visit to the Services. Any opt-out notice shall be sent to DRIFT Yoga + Juice Bar at: flowwithus@driftyogajuicebar.com.

Small Claims Not Subject to Arbitration. Should a Claim fall within the jurisdictional limit of either party’s local small claims court, either party may bring individual Claims in small claims court.

Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.

Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.

Arbitrator’s Authority and Award. The arbitrator will decide any dispute regarding the enforceability and/or scope of this Arbitration Agreement. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.

Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.

XX. MISCELLANEOUS

Firearms/Weapons

All firearms and weapons are strictly prohibited at any and all DRIFT Yoga + Juice Bar premises or at any off-site classes or events hosted by DRIFT Yoga + Juice Bar.

Communications

By providing us your telephone number, including your mobile telephone number, you authorize DRIFT Yoga + Juice Bar to contact you at the number you provided regarding your participation in Activities, including but not limited to cancellations, waitlist changes, and updates to your billing information. You agree we may contact you by telephone call or text message, using an automatic telephone dialing system and/or a prerecorded message. You agree that we may monitor or record any conversation or other communication with you.

No Assignment

These Terms of Use are not assignable, transferable, or sub-licensable by you except with the prior written consent of a duly authorized DRIFT Yoga + Juice Bar employee.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by DRIFT Yoga + Juice Bar or any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

Governing Law

These Terms of Use will be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. For any dispute that is not subject to the Arbitration Agreement herein, the parties hereby submit to and consent to the jurisdiction of the State of Washington and agree that such litigation shall be conducted in state or federal court in King County, Washington. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

Entire Agreement

These Terms of Use (together with the DRIFT Yoga + Juice Bar’s Terms & Conditions and DRIFT Yoga + Juice Bar Privacy Policy) contain the entire understanding and agreement between you and DRIFT Yoga + Juice Bar with respect to the Services and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and DRIFT Yoga + Juice Bar with respect to the Services and your use of this Site.

Terms and Conditions

These DRIFT Yoga + Juice Bar Terms & Conditions (the “Terms & Conditions”) govern your participation in Activities as defined in the DRIFT Yoga + Juice Bar Terms of Use and include legal terms and disclaimers. All capitalized terms not otherwise defined herein shall have the same meaning as the DRIFT Yoga + Juice Bar Terms of Use. The DRIFT Yoga + Juice Bar Terms of Use are incorporated by reference into these Terms & Conditions.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE YOU USE OR ACCESS THE SERVICES OR ANY OF THE PRODUCTS OR ENGAGE IN ACTIVITIES THAT ARE AVAILABLE ON OR THROUGH THE SERVICES, AS THESE TERMS & CONDITIONS AFFECT YOUR LEGAL RIGHTS.

These Terms & Conditions include an Arbitration Agreement, which will govern any dispute between you and DRIFT Yoga + Juice Bar. Unless you opt out as described below, this Arbitration Agreement will: Eliminate your right to a trial by jury and substantially affect your rights, including preventing you from bringing, joining, or participating in class, representative, or consolidated proceedings.

I. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS

By engaging in Activities, you are agreeing to comply with and be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you may not access, use, or participate in the Activities.

II. THESE TERMS & CONDITIONS MAY CHANGE

DRIFT Yoga + Juice Bar reserves the right to modify or add to these Terms & Conditions at any time, effective as of the posting of the new or revised Terms & Conditions or a later date as may be specified in the new or revised Terms & Conditions. You agree that we may notify you of the new or revised Terms & Conditions by making them available via the Services, and that your use of the Services after the effective date of the new or revised Terms & Conditions (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the new or revised Terms & Conditions. We therefore encourage you to review these Terms & Conditions every time you use the Services. We may also provide notice to you of any update to these Terms & Conditions in other ways in our discretion, such as through contact information you have provided, all in accordance with applicable laws and our Policies.

III. YOUR COMPLIANCE WITH RULES & DIRECTIONS

By participating in Activities, you agree to observe all rules and directions of DRIFT Yoga + Juice Bar and the locations (in-studio, in person, online or otherwise) at which Activities take place (“Rules”). We reserve the right to take any action that we deem appropriate in the exercise of our discretion, including but not limited to suspension or termination of your privilege to participate in Activities, for violation of DRIFT Yoga + Juice Bar Rules and directions.

IV. MONTHLY MEMBERSHIP PROGRAM (AUTO-RENEWING) TERMS AND CONDITIONS

The DRIFT Yoga + Juice Bar Unlimited Membership Program (the “Unlimited Membership”) is a program of DRIFT Yoga + Juice Bar. The Unlimited Membership is designed to offer benefits to DRIFT Yoga + Juice Bar students who commit to a monthly autopay membership. The terms and conditions of the Membership Program (the “Membership Program Rules”) are as follows:

1. Membership Program Eligible Participants; Enrollment; Continuing Eligibility

Eligible participants in the Unlimited Membership are individuals who enroll for a monthly autopay DRIFT Yoga + Juice Bar membership using a valid debit or credit card and maintain on file a valid debit or credit card for charges described below. As part of enrollment or continued membership, any other required membership documents, agreements, and waivers must also be completed and submitted, including any Unlimited Membership forms. To continue to be eligible in the Unlimited Membership, the participant’s membership and membership account must remain in good standing with DRIFT Yoga + Juice Bar at all times, including, without limitation, by not freezing or canceling as described in Section 5. below, or changing the participant’s DRIFT Yoga + Juice Bar membership, or allowing the participant’s DRIFT Yoga + Juice Bar membership to be terminated or lapse, and by continually maintaining payment by autopay for participant’s monthly membership fees. Once Unlimited Membership eligibility ceases, a member may not take advantage of Unlimited Membership benefits. DRIFT Yoga + Juice Bar reserves the right to change the monthly membership rate from time to time, subject to any applicable discounts or promotions.

2. Benefits of the Membership Program

As of the date of these Membership Program Rules, the standard benefits of the Unlimited Membership are as follows:

A. Unlimited Yoga; Monthly Fee; Surcharges. Unlimited participation in open yoga classes at the DRIFT Yoga + Juice Bar studio, subject to class size and availability. The Unlimited Membership fee is a monthly fee. Unlimited Program membership fees for online membership purchases are set forth at www.driftyogajuicebar.com. Members’ membership fees are subject to change after enrollment. Membership fees are subject to applicable taxes, assessments and, as described below, DRIFT Yoga + Juice Bar surcharges. Membership is nontransferable and nonrefundable.

B. Special Offers. Special classes and offers that may be offered from time to time by DRIFT Yoga + Juice Bar for Unlimited Membership members.

3. Restrictions

Unlimited Membership benefits are nontransferable and may only be used by the applicable member, and only so long as the individual is in good standing with DRIFT Yoga + Juice Bar. Unlimited Membership benefits have no cash value and are not redeemable for cash or any substitute. Unlimited Membership benefits cannot be combined with any other offer, coupon, or promotion, including any other promotional offers available to Unlimited Membership participants through the Unlimited Membership. Unlimited Membership benefits cannot be applied to a prior purchase.

4. Auto-Renewal Agreement Terms and Member Card Charge Authorization

Unlimited Membership Program, (“Monthly Program”) is a monthly auto-renewing membership with a three-month minimum commitment. DRIFT Yoga + Juice Bar reserves the right to create additional monthly programs in the future. You understand that your Monthly Program membership will continue to renew monthly until you properly freeze or cancel your membership (as described in “Freezes and Cancellations” below). You understand that you will be expected to pay any and all fees and charges associated with your account that are outstanding when your account is frozen or canceled.

You authorize DRIFT Yoga + Juice Bar, and their respective third-party payment processor(s) to charge your debit or credit card on a monthly basis for the price of your Monthly Program membership, and for any other fees and charges as and when incurred by you in using your DRIFT Yoga + Juice Bar membership, or DRIFT Yoga + Juice Bar products, services, or facilities, including without limitation, all reservation and late cancel/no show fees. Changes to this authorization agreement by DRIFT Yoga + Juice Bar will be reflected in any changes to this Auto-Renewal Agreement Terms and Member Card Charge Authorization. We will notify you of any changes to these Auto-Renewal Terms and Member Card Charge Authorization via email to the email address associated with your account.

A. Freezes, Cancellations and Terminations

(i.) Freeze. A Monthly Program member may for up to (but not more than) one (1) month in a calendar year (which must be consecutive weeks) freeze the member’s Monthly Program membership. During the freeze month, the member will not receive any Monthly Program or other DRIFT Yoga + Juice Bar benefits, but will maintain the member’s Monthly Program rate. In the event the member is pregnant or deployed to active military duty, DRIFT Yoga + Juice Bar may permit a member to freeze a membership for longer than 1 month and may request information reasonable to verify deployment or pregnancy. To freeze your Monthly Program membership, email flowwithus@driftyogajuicebar.com with “FREEZE MY ACCOUNT” in the subject line. Your unfrozen membership will be subject to the Auto-Renewal Agreement Terms and previously-provided Member Card Charge Authorization described above in “Auto-Renewal Agreement Terms and Member Card Charge Authorization.” Your Monthly Program and DRIFT Yoga + Juice Bar benefits will reinstate once one (1) freeze month has been used in a calendar year and you will be charged for the next month’s membership following the end of your freeze on the first day of your billing cycle. You may also unfreeze your Monthly Program membership by emailing flowwithus@driftyogajuicebar.com with “UNFREEZE MY ACCOUNT” in the subject line. A freeze is based on the member’s monthly billing cycle and will take effect after the last day of the current member billing cycle month; DRIFT Yoga + Juice Bar does not prorate months of membership, does not provide refunds or credits for any partial month, and does not freeze accounts for partial months. If you cancel your membership during the freeze, you will forfeit Monthly Program Enrollment and benefits, and may later reapply for DRIFT Yoga + Juice Bar membership at then-current DRIFT Yoga + Juice Bar membership rates, subject to any applicable terms, conditions, limitations, and restrictions.

(ii.) Cancellation. The services under this Agreement shall begin within six (6) months after the date of the Agreement, and if the services have not begun within such time frame, you may cancel this agreement and receive a pro rata refund. You may also have a right to immediate cancellation in specific circumstances, including in the event of death or disability or other circumstances as required by law.

In all other circumstances not set forth in the prior paragraph, you have the right to cancel your membership in a Monthly Program at any time, after the three-month minimum commitment, for any reason with 30 days’ notice to us, with notice effective on the business day following the day that you notify us of cancellation. Your membership and access to Monthly Program Enrollment and benefits will terminate effective 30 days after the effective date of your notice of cancellation to us. To cancel your Monthly Program membership, email flowwithus@driftyogajuicebar.com with “CANCEL MY MEMBERSHIP” in the subject line.

(iii.) Termination. DRIFT Yoga + Juice Bar may terminate your membership in a Monthly Program, in its sole discretion, if (1) you fail to make timely payments; (2) your method of payment is canceled, interrupted or discontinued for any reason and you do not provide an acceptable alternative; (3) you fail to follow policies posted by DRIFT Yoga + Juice Bar in studio or online or instructions given by a DRIFT Yoga + Juice Bar instructor or other employee; or (4) you engage in conduct that DRIFT Yoga + Juice Bar deems to be detrimental, harmful or inappropriate to yourself, a fellow student, employee of DRIFT Yoga + Juice Bar or DRIFT Yoga + Juice Bar .

(iv.) Rejoining. If you cancel your membership in a Monthly Program and wish to become a member again, you must re-enroll for a monthly membership program at the then-prevailing DRIFT Yoga + Juice Bar Monthly Program membership rates, subject to any applicable terms, conditions, limitations, and restrictions. If DRIFT Yoga + Juice Bar exercises its right to terminate your membership in a Monthly Program, DRIFT Yoga + Juice Bar reserves the right to refuse a request to rejoin.

B. Additional Card Charge Authorization

In addition to the member card charge authorizations for memberships elsewhere in these Terms & Conditions and DRIFT Yoga + Juice Bar Terms of Use (if applicable), you understand, whether or not you are a member, you may also be separately asked to provide a valid debit or credit card to keep on file with DRIFT Yoga + Juice Bar for future transactions. By providing your debit or credit card in response to such inquiry, you authorize DRIFT Yoga + Juice Bar, and its respective third-party payment processor(s) to charge your debit or credit card for any fees and charges as and when incurred by you in using DRIFT Yoga + Juice Bar products, services, or facilities, including without limitation all mat rental or other charges, reservation, and late cancel/no show fees. Changes to this authorization agreement by DRIFT Yoga + Juice Bar will be reflected in any changes to this Additional Card Charge Authorization.

C. Other Offers

DRIFT Yoga + Juice Bar may also offer any Monthly Program through specific and/or restricted portals or methods (for example, specific DRIFT Yoga + Juice Bar social media sites), and offer different, additional and/or modified benefits, terms and conditions for participants accepting through such portals or methods. DRIFT Yoga + Juice Bar reserves the right to condition eligibility for such offers to participants utilizing such portal/method to accept or respond to such offer. For such additional eligibility requirements and, if applicable, different, additional and/or modified benefits, consult the terms of the specific offer. The foregoing actions may be taken even though such actions may affect benefits in any Monthly Program or your participation therein.

V. PURCHASED STUDIO CLASSES TERMS AND CONDITIONS

If you are not a DRIFT Yoga + Juice Bar Membership Program member, you may purchase individual DRIFT Yoga + Juice Bar in-studio classes at www.driftyogajuicebar.com or from a participating DRIFT Yoga + Juice Bar studio. In our various materials, we may refer to a class or classes as “purchased studio class/classes,” “in-studio class/classes,” “studio class/classes,” or simply “class/classes,” and to multiple classes available for purchase and storage in your account as a “class pack.” DRIFT Yoga + Juice Bar may also make available studio classes on a promotional basis from time to time, on such additional or other terms and conditions applicable to the promotion. You must have a DRIFT Yoga + Juice Bar account to make a studio class purchase. If you do not have a membership or an account, you must create an account at www.driftyogajuicebar.com. Purchased classes will be reflected in your account and may be redeemed and used only at DRIFT Yoga + Juice Bar for eligible DRIFT Yoga + Juice Bar classes. Purchased classes are personal to the purchaser and are not assignable or transferable. Purchased classes are subject to restrictions, which may vary from time to time.

Purchased classes are nonrefundable unless otherwise required by applicable law, nor does DRIFT Yoga + Juice Bar charge fees associated with purchased classes. Any and all new student special(s) expire 30 days from the date of purchase. Single class and multiple class pack(s) expire one year from the date of purchase.

Purchased classes, whether single class or multiple class, are subject to the DRIFT Yoga + Juice Bar Class Reservation & Cancellation Policy (the “Class Reservation & Cancellation Policy”). Class Reservation & Cancellation Policy is incorporated by reference and available via the Services.

VI. ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER

Opt-out. You may opt out of this Arbitration Agreement if you send DRIFT Yoga + Juice Bar a signed, written opt-out notice within thirty (30) days of your initial visit to the Services. Any opt-out notice shall be sent via email to DRIFT Yoga + Juice Bar at: flowwithus@driftyogajuicebar.com.

Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.

Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.

Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.

VII. MISCELLANEOUS

1. No Assignment. These Terms & Conditions are not assignable, transferable, or sublicensable by you except with the prior written consent of a duly authorized DRIFT Yoga + Juice Bar employee.

2. Waiver. DRIFT Yoga + Juice Bar’s failure at any time to require performance of any provision of these Terms and Conditions or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by DRIFT Yoga + Juice Bar or any breach of any provision of these Terms & Conditions or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms & Conditions

3. Severability. If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms & Conditions will remain in full force and effect.

4. Governing Law. These Terms & Conditions will be governed by and construed in accordance with the laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. For any dispute that is not subject to the Arbitration Agreement herein, the parties hereby submit to and consent to the jurisdiction of the State of Washington and agree that such litigation shall be conducted in state or federal court in King County, Washington. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms & Conditions is taking place or originating.

5. Entire Agreement.

These Terms & Conditions (together with the DRIFT Yoga + Juice Bar Terms of Use and DRIFT Yoga + Juice Bar Liability Waiver) contain the entire understanding and agreement between you and DRIFT Yoga + Juice Bar with respect to the Services and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and DRIFT Yoga + Juice Bar with respect to the Services and your use of this Site.

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