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Terms of Use of Service

By attending a class, registering for this website, using our products

-- including but not limited to: videos, streaming services, and instructors -- you have agreed to the Terms below.  

Important Notices -  You Accept and Agree to Abide By

- Terms

EBB & FLOW STUDIO, LLC

(DBA EBB & FLOW STUDIO)

TERMS (Terms of Service)

These Terms of Service (“Terms”) are a legal agreement between you and Ebb & Flow Studio, LLC (“Ebb & Flow Studio,” “Studio”, “us,” or “we”) regarding your use of services available at www.ebbflowstudio.com, at our in-studio location at 5330 S Racine Avenue, New Berlin WI, and the location you use any services, including any streaming, videos, or products, and any program that you are accessing or installing on your device or personal computer and the services available through that software program (together, the “Service”).

BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

If you are using the Service on behalf of your employer, your organization, another third party, individual, or a group you represent that you are authorized to accept these Terms on the third party’s behalf and accept liability for doing so and have informed consent of the party.

Service Description

The Service is fitness classes, including but not limited to yoga, pilates, barre, meditation, and or movement classes in person or via recorded or livestreamed content, a fitness social network, a fitness website, fitness videos, and/or fitness streaming with instructors or self-used and all components of the online website of www.ebbflowstudio.com, merchandise, gift cards, and any of its partner sites or services licensed through or affiliated in any way to Ebb Flow Studios, LLC. Users of the Service users may register for classes, attend classes in-person, purchase services, participate in classes from their homes, log their fitness activities or bookings, buy merchandise, engage with other users, engage with instructors, engage with other class participants, see activities of other users, engage in financial transactions, and may receive analysis and insights from the Service about their progress.  In addition, the Service may outreach for marketing purposes, to offer products and services, to promote coupons, or for any other marketing purpose via text, email and mail.  Users may also download materials, recipes, and other information including training materials and blog information from other the website ebbflowstudio.com, access comments or information from other users and teachers/instructors, some of which is provided for a fee, and those fees are accepted by you, and will be paid promptly.

Eligibility

You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age, meet the criteria above and are fully able and competent to enter, and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.

For anyone under the age of 18, please bring a parent or legal guardian for written forms and see an Ebb & Flow Studio Owner in person for special consideration.

Member Account (Account, account)

In order to use the Service, you must create a Member account or have provided information in purchasing, either directly or upon receipt of a gift, and/or scheduled a class, which is considered as a Member Account. When registering for an account or a class, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of Service.

You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to info@ebbflowstudio.com.

User Content and Use of Your Likeness in Pictures, Photos, Videos

In connection with registration an account, users may upload photos or other materials or information to the Service (“User Content”) or may participate in video streams in the normal course of attending classes at Ebb & Flow Studio locations(s). By attending the classes and participating in the Services, you consent to being recorded and allowing us to use your likeness in video, photo, and streaming products and Services.

You agree that you will not upload User Content to the Service unless you have created that content yourself, or you have permission from the copyright owner to do so. Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Service are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Service.

For any User Content that you upload to the Service, or for any Service participation in which you are a participant, including but not limited to filming and streaming for class sessions, you grant us and our subsidiaries, affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use (including your likeness), reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that Service participation, including your whole person and likeness, and User Content throughout the world in any media in connection with the Service and Ebb & Flow Studio LLC business, including without limitation for promoting the Service; and (b) the right to use the name that you submit in connection with your profile, likeness, and User Content, if we choose.  These rights survive the terminating of your Ebb & Flow Studio Account, and we may, in accordance with our Privacy Policy, retain in our videos, photos and streaming content your likeness in content.

You agree not to use the Service or otherwise post, transmit, distribute, or disseminate through the Service or any social media, advertising, or website, any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, abusive, negative to Ebb & Flow Studio LLC, it's location or its Membership, inflammatory;(ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) could reasonably have negative impacts in the course of doing business and/or or advertises products or services competitive with Us or Our partners’ or landlords products and services, including Ethic Fitness, Ethic Sports LLC, OAW Indoor Sports Complex, or our subsequent partners or landlords, as determined by us  in its sole discretion; or (vi) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose Us, its affiliates, it’s landlords or partners, or users to harm or liability of any nature. Although we have no obligation to screen, edit, or monitor any User Content, we reserve the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice.

 

License

Subject to the terms and conditions of these Terms, Ebb & Flow Studio LLC  grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service, exclusively for noncommercial personal use only.  No recordings may be made in our studio by anyone without our permission.  No photos will be taken in our studio without our express permission. No copies of any materials, videos, or class information can be shared, copied, or distributed, or re-shot or re-imaged using another device. You must comply with all applicable laws when using the Service. Except as may be expressly permitted or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or  collect any content available on the Service as part of a database or other work; (c) use any automated or manual tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service, including uploading to social platforms (example- Tik-Tok), any “personal video” that contains reference to Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit consent.

Termination

You may terminate your use of the Service at any time by terminating your account and deleting any of our software or electronic links software from your device or personal computer. Termination of your account is your sole right and remedy with respect to any dispute with Ebb & Flow Studio regarding the Service or these Terms and does not mean or imply that any unused portion of purchased Services will be refunded. Ebb & Flow Studio may suspend or terminate your access to the Service at any time, for any reason. If we suspect that you have violated any provision of these Terms, we may also seek any other available legal remedy.  Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. Upon termination, you must destroy or delete any Ebb & Flow Studio videos or software in your possession. These terms are survivable past termination of your Services and you remain solely liable for all obligations related to use of the Service. Neither Ebb & Flow Studio nor any of its licensors, suppliers, landlords, partners or publishers are liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service.

Ebb & Flow Services Membership (Member)

You and/or Recipient become a Member of Ebb & Flow Studio by signing up for a Member Account or by purchasing any Services or having those services purchased for you and receiving those Services through an email address.   Members are required to pay for Services which are identified as having a cost.  You remain a Member as long as you have an account, have an email on file in our systems, or have gift cards or Services available to you, unless Ebb & Flow cancels any features, Subscriptions, Classes, or Services, and/or becomes insolvent or disbands as a business.

Recurring Billing- Recurring Fee Packages (Subscriptions)

If available and purchased, a Recurring Fee Package or Subscription with a monthly fee will be billed at the beginning of your selection and sign up for the package.  Each month, the recurring fee will be charged for your package until you cancel your membership in that Recurring Fee Package or Subscription. We automatically bill your payment method each month. We reserve the right to change our billing timing if your payment method has not successfully been charged. 

 

Single Charge Billing- Flat Fee Packages

If available and purchased, a Flat Fee Package with a total fee will be billed at the beginning of your selection and sign up for the package.  There is no recurring fee. We automatically bill your payment method for this one-time charge. We reserve the right to change our billing timing if your payment method has not successfully been charged.

Single Charge Billing- Class Purchases

If available and purchased, a Class Purchase with a total fee will be billed at the beginning of your selection and sign up for the class.  There is no recurring fee. We automatically bill your payment method for this one-time charge. We reserve the right to change our billing timing if your payment method has not successfully been charged.

No Refunds

Payments are non-refundable and there are no credits for partially used periods on Subscriptions, Flat Fee Packages, or Class Purchases. Following a cancellation of a Subscription, however, you will continue to have access to Services identified as provided by that Subscription on our website at www.ebbflowstudio.com through the end of your current paid billing period.

Flat Fee Packages are purchased with the assumption that all classes will be used, and we do not, under any circumstances, provide a partial refund for unused classes or classes which expired before use.  Not all Flat Fee Packages have the same termination dates for use of the classes.  Please read the listed rules of your package prior to purchase. 

Class Purchases and Flat Fee Packages are non-refundable, and we are under no obligation to provide any credits or additional services if you fail to attend the purchased class or provide credit to your package if you fail to attend a session you signed up for. 

 

For all classes, it is your obligation to reschedule your class twelve hours prior to the class start time at a minimum.  This policy is subject to change at the sole discretion of Ebb & Flow Studio. 

 

Cancellations for Membership

You may cancel your paid Services at any time for any reason. To cancel your recurring subscription, please visit your membership settings at www.ebbflowstudio.com. Following a cancellation, you will lose access to Services at the end of your billing period. If you choose to sign back up as a member, your effective data will update.

 

Your Cancellations for Scheduled Session/Class

You may cancel or reschedule at www.ebbflowstudio.com. We require 12-hour notice, or you will be charged subject to this policy.

Our Cancellations for Scheduled Session/Class and Class Schedule

If we cancel an in-person class or reschedule at www.ebbflowstudio.com or our location(s). We credit back your membership account for the session.  While we make every attempt to notify you of a cancellation in advance, there may be times where a posted notice on the door is the only way to notify you.  Please keep your mobile phone up to date and a current email in your profile for Members to assist us in notifying you.  Classes may not be available on days where there are special events at our location, or every day of the week.  Classes may not be available on holidays, as determined by us.

Location Noise

You accept, by attending the class, that there may be location noise levels and additional distracting sounds present during the class.  We are in an indoor sports complex, and there are many events which can happen during the day at the same location.  While there is never an intent to disrupt the classes, there may be times that outside noise is present in the classroom. 

 

Parking

Please Park and operate your vehicles in accordance with the rules of the OAW Indoor Sports facility requirements.  Any illegally or improperly parked cars are towed.  The OAW intends to provide reserved parking for class members, however, there is no monitoring of who uses those spaces.  Ebb & Flow Studio has no liability for any facility issues with parking, vehicles, safety of the lot, or your vehicle.

Building Access, Use of Facilities, and Personal/Property Safety (Facilities)

All Facilities are for your use at your own risk and must be used in accordance with the policies of OAW Indoor Sports Complex found at www.oawindoor.com.  You must use the main entrance to enter the building.  Your safety and physical use of the entryway, hallways, locker rooms, bathrooms and any other area of the building, lot, and grounds, or its features is solely at your discretion and risk.  Neither Ebb & Flow Studio or OAW Indoor Sports Complex and Ethic Sports, it’s partners, affiliates or associates have any liability for you, or your property, while on the premises.  Use at your own risk.

 

Third-Party Content

We may email or provide you coupons, offers, and other specials from third parties (collectively “Promotions”). We are not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including, the sale in accordance with the offer). The Service may contain links to web pages and content of third parties (Third-Party Content) as a service to those interested in this information. Wedo not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.  If you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk. The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

Disclaimer of Warranties

YOUR USE OF THE SERVICE AND FACILITIES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”; AND “AS AVAILABLE” BASIS. EBB & FLOW STUDIO, LLC, ITS AFFILIATES, LICENSORS, LANDLORDS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOTWARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOUR MOBILE DEVICE, COMPUTER, OTHER HARDWARE OR SOFTWARE< YOUR PERSON AND POSSESSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EBB & FLOW STUDIO, THROUGH OR FROM THE SERVICE OR FACILITIES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

NEITHER EBB & FLOW STUDIO LLC NOR ITS AFFILIATES, LICENSORS, LANDLORDS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE OR FACILITY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS,

THE MAXIMUM TOTAL LIABILITY OF EBB & FLOW STUDIO LLC, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

Indemnity

 

You will defend, indemnify and hold Ebb & Flow Studio, its affiliates, landlords, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the Service or Facilities, your violation of these Terms, or your violation of any rights of a third party through use of the Service or Facilities.

Assignment

These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Ebb & Flow Studio without restriction. Any assignment attempted in violation of these Terms is void.

Governing Law and Venue

These Terms will be governed by and construed in accordance with the laws of the State of Wisconsin, excluding its conflict of law provisions. You agree that any judicial proceedings will be brought here, and you hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Milwaukee, Wisconsin and/or Waukesha, Wisconsin as appropriate for the action.

Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver and Severability of Terms

The failure of Ebb & Flow Studio LLC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Ebb & Flow Studio LLC.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.

Entire Agreement

These Terms are the entire agreement between you and Ebb & Flow Studio, LLC regarding your use of the Service.

Contacting Ebb  & Flow Studio, LLC

For questions, comments, complaints, or claims related to the Service, please contact us at:

Ebb & Flow Studio at 5330 S. Racine Avenue, New Berlin, WI 53146

info@ebbflowstudio.com

 

Effective Date:  October 8, 2022

Last Updated: December 26, 2022

Drafted in the State of Wisconsin

If you have any kind of Service issue, please contact us right away at info@ebbflowstudio.com.  We would much rather hear the feedback directly and correct it than have it linger.  We are a learning organization; we only get better when we learn from you.  We take your concerns seriously. We welcome your feedback, positive or negative.  Thank you for sharing and trusting us.

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