TERMS OF USE
These terms and conditions shall apply to your use of Swell Studio’s website (the “Site”) and our mobile application (the “App”), and the use of our services (the “Services”). Please read these terms and conditions carefully before using this Site, the App, or the Services. Please also consult our Privacy Policy. By using this Site, the App or the Services, you agree to these Terms of Use and the terms of our Privacy Policy which is incorporated herein by this reference.
The Site, the App, and the Services displayed on it are provided by Swell Studio VB, Inc., and its subsidiaries, affiliates, licensees and/or franchisees.
CLASS PACK CREDITS
To book a class, your account must include at least one credit. Each credit entitles you to attend one class. You can purchase credits via the Site or the App. You can purchase multiple credits at discounted rates. Pricing details are available on the Site or the App. Prices are subject to change without notice at our discretion. Classes may not always be available. Payments for credits are non-refundable unless otherwise stated in these conditions.
MEMBERSHIPS
All membership fees are due upon the purchase of the membership or credit. The first monthly fee is due on the date of purchase and then due on the same day of each subsequent month for the term of the contract purchased. All fees must be paid automatically by electronic funds transfer from a checking account, debit card, or credit card. By providing your payment information, you are consenting to us automatically withdrawing your fees as they become due each month. Your monthly fee shall be based on your specific membership. We reserve the right to modify membership fees at any time during the term of this agreement.
CANCELLATION POLICY FOR RESERVATIONS
In order to cancel a reservation to a class and return the credit to your account, you must cancel up to two (2) hours before the class is due to start. Once your reservation is canceled, the class credit will be returned to your account to be used at a future date; the cash value of the credit shall not be refunded. If you fail to cancel at least two (2) hours before the start of class, your class credit will not be returned. If you have a membership, and do not cancel at least 2 hours before your scheduled class you will receive a fee. If you cancel within two (2) hours of class, you will receive a $15 late cancellation fee. If you fail to cancel your booked class before the start of class, you will receive a $20 no-show fee.
You may cancel your reservation by logging into your account on the Site or the App, and clicking on the button next to the class you wish to cancel.
Please note, that if you fail to arrive on-time for the start of your class, your spot may be given away.
Waitlist: Joining the waitlist, will result in one credit being deducted from your account. If a space becomes available, you will be automatically added to the class and you will be notified by e-mail that you have been added.
It is your sole responsibility to monitor your place on the waitlist. If you join a waitlist but no longer wish to attend the class, you should cancel immediately. If you join the waitlist and a place does not become available by the start of the class, or the class is canceled, you will receive one credit back.
If you are running late: Please call the studio at least 5 minutes prior to the time the class is scheduled to begin to let us know. We will hold a spot until the class begins, though we cannot guarantee you will be given the equipment you signed up for in the particular class.
If you are leaving early: If you plan to leave early, please inform the instructor at the beginning of the class.
MERCHANDISE RETURNS
You may return unused, unworn, and undamaged merchandise for a full refund within seven (7) days of purchase.
LOST ARTICLES
We assume no responsibility for lost or stolen articles. Lost and found articles will be disposed of if unclaimed for thirty (30) days.
CODE OF CONDUCT
We are committed to the health, safety, and welfare of all members, guests, and staff. We will not tolerate threatening, obscene, illegal, or harassing behavior of any kind. In the case of any such behavior, we reserve the right to terminate your membership and exclude you from the premises.
DAMAGES
You shall be responsible for any damage to our property or equipment caused by your willful or negligent conduct.
SITE/APP CONTENT
Unless otherwise stated, the design, text, content, and other elements on the Site and the App are the property of Swell Studio, Inc.
ADDITIONAL TERMS AND CONDITIONS
Certain portions of the Site or the App may be run by third parties and subject to additional terms and conditions set by those third parties.
SUBMISSIONS
Any information you choose to submit may be used by us, free of charge, for the purpose for which the information was submitted, and for our legitimate business purposes.
DISCLAIMER OF WARRANTIES AND LIABILITIES
We express no representations or warranties regarding the content or availability of the Site, or the App, or any website linked thereto. We do not warrant the accuracy, completeness, or currency of information contained therein or that the content shall be free from viruses or harmful content.
We disclaim any liability for losses or expenses of whatever nature including direct, indirect, special or punitive damages related to your use of the Site or the App, including the loss of data, lost income or profit, or property damage.
Prior to partaking in any Services offered by Swell Studios, Inc. you agree to execute and deliver to us a Waiver of Liability Form.
INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless, Swell Studio, Inc., its affiliates and franchisees, as well as their shareholders, directors, officers, managers, members, employees and agents, from and against all liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) incurred or alleged by any third party arising out of or related to your use of the Site or the App, and any content you submit, upload to, or transmit through the Site or the App, or your breach or alleged breach of these Terms of Use.
LEGAL COMPLIANCE
You agree to comply with all applicable local, state, and federal laws and regulations regarding your use of the Site or the App. You agree to provide true, accurate, current and complete information about yourself. You agree not to upload or attempt to upload any harmful material to the Site or the App including viruses, trojan horses, or worms.
GENERAL PROVISIONS
These Terms of Use operate to the fullest extent permissible by law. If any provision is deemed unlawful, void or unenforceable, that provision shall be stricken and the remainder shall remain in full force and effect. No waiver of these Terms of Use shall be effective unless in writing signed by an authorized representative of Swell Studio, Inc. Any failure or delay in enforcing any right or remedy under these Terms of Use shall not prejudice their future enforcement.
MODIFICATION OR TERMINATION
We reserve the right to terminate, modify, or amend these Terms of Use without notice at any time. Always review these Terms of Use prior to using the Site or the App.
GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
These Terms of Use shall be governed by the laws of the Commonwealth of Virginia. You agree to waive your right to a trial by jury with regard to any dispute relating to these Terms of Use.
In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Use, that cannot be resolved informally: the parties agree to submit the matter for binding arbitration pursuant to the then current rules of the American Arbitration Association. All parties agree that arbitration shall be the sole and exclusive method for resolving disputes. All parties agree that the arbitration shall be held in Virginia Beach, Virginia and the prevailing party shall be entitled to recover their reasonable fees (including attorney’s fees) and costs incurred in preparing for and participating in the arbitration proceeding.
CONTACT US
If you have any questions about these terms you can reach us at info@swellstudiovb.com.