Terms & Conditions
Please read our Terms and Conditions (“the Terms”) carefully before booking classes or services. By booking a class or signing up for a membership, at the end of this document you are confirming that you have read the Terms and agree to be bound by them. These Terms together with the items listed below, constitute a contract of membership between you (the client) and us (Flow at Foundy). Please ensure that you read and understand before attending any class at the studio.
INTRODUCTION
All classes, activities and workshops are supplied by MAKE Investments LLC d/b/a Flow at Foundy (4 Foundy St. Ste 10, Asheville, NC 28801) subject to the following Terms. In these Terms “we”/”us”/”our” means Flow at Foundy. And “you”/”your”/”yours” means you, the direct client.
TERMS & CONDITIONS ARE AS FOLLOWS:
BOOKING CLASSES: The cost of each regularly scheduled class is covered when purchasing a 1, 3, 5, or 10 class package. If you are a Flow at Foundy 6-visit monthly or unlimited monthly member, all regularly scheduled classes included in your chosen membership type will have no cost attributed to them. Additional classes, workshops, and events hosted/taught outside of our regularly scheduled classes may be paid for at the time of booking either on our website or in the studio before the class's start time. Some classes, workshops and events will require payment immediately at the time of booking and will indicate such during the booking process.
PAYMENT FOR DROP-IN: If you wish to pay for classes/workshops /courses/promotions via the pay-as-you-go/drop-in option: Payments can be made online with a credit card or debit card. Payments can be made in person at Flow at Foundy by credit card, or debit card. Drop-in/single-class-passes must be used within a (6) six month period of the purchase date and, after this period, any unused credits will expire.
PAYMENT FOR CLASS PACKAGES: You can purchase a 3, 5, or 10 class package, online or in person at Flow at Foundy. 3 class pack must be used within 2 weeks of purchase date. 5 and 10 class packs must be used within a 12-month period of the activation date and, after this period, any unused credits will expire. Passes cannot be suspended or extended.
SHARING CLASS PACKAGES: You may share a 5 or 10 class package with family members or a significant other. In this situation, the individual wishing to share their classes informs the staff member at the desk. In this case, all accounts sharing will be linked so the system pulls from the same package anytime a shared person checks in. You may also request to “auto-renew” your class package so that an active package is always available for your family to book. Memberships and 3-class packs are intended only for a single user and may not be shared or auto renewed.
CANCELLING YOUR BOOKING, LATE CANCELLATIONS: You may cancel your booking without charge and with no penalty up to (4) four hours until the start time of classes starting at 8am or later, and up to (10) ten hours until the start time of classes starting before 8am. Cancel your booking by logging into your online account and following the steps to early cancel. Canceling a class booking must be done via your online account. Leaving voicemails, emails or texts does not guarantee a change to your reservation before the 4 or 10-hour time frame needed. Failure to cancel class within the time frames specified above will result in an automatic $10 fee to the credit card on file.
LATE ARRIVALS: While we do our best to accommodate all students, late arrivals are not guaranteed participation in the class, whether pre-registered or not. Plan to arrive 15-minutes before class starts.
NO SHOWS: A no show is a pre-registered student that did not attend class and did not early cancel for the class. No shows result in a loss of class credit. For unlimited members, a $12 no-show fee will be charged to the card on file.
IF WE CANCEL A CLASS OR EVENT: In the event that we cancel a class or event that you have already booked, we will contact you by email or telephone to let you know. At the time of cancellation, we will offer you the choice between: 1. crediting your Flow at Foundy account with the price of the cancelled class; or 2. being transferred to a class at an alternative date and time.
CHANGE OF PRICES: We reserve the right to review and change the price of our classes and memberships at our sole and absolute discretion. Your monthly Membership Fees will remain the same as your Membership start date throughout your contracted period and as long as you stay active. If your membership lapses, the Membership Fee may increase to the updated, most current rate.
PAYMENT: Classes and packages may be paid for via cash, check, credit or debit card. Payment for 6-visit and unlimited monthly auto-pay memberships must be made by debit or credit card that is placed on file for billing. If you sign up for a monthly auto-pay membership, you must pay your first month's payment upfront by debit or credit card. Your membership fees will then be payable each month of your contract period and will become due on the same date each month which may vary depending upon the date you signed up.
MEMBERSHIP CONTRACT PERIOD: By signing up for the either the 6-visit or unlimited monthly membership, you are committed and responsible for payment of your membership on a month-to-month basis. Memberships cannot be transferred or shared. There is no contract or membership cancellation fee required. To cancel monthly auto-pay memberships, your account must be active and inn good standing. In the case you wish to cancel your membership, you will need to provide the studio a minimum (7) days written notice (hello@flowatfoundy.com). An example is that if you wish to cancel by June 15th, you would need to provide written notice no later than June 8th. Prorated refunds will not be honored. All sales are final, there are no refunds for month-to-month memberships. Limit 1 per person. Flow at Foundy is in no way, under any circumstances, responsible or obligated to pay for member’s insufficient fund penalties, returned checks, and/or over the limit fees. A $30 fee will be charged for all insufficient funds and returned checks.
MEMBERSHIP FEE LOCK: As a benefit of being a consistent member, your monthly Membership Fees will remain the same as your Membership start date throughout your contracted period and as long as you stay active. If your membership lapses, the Membership Fee may increase to the updated, current rate being offered.
NON-PAYMENT OF FEES: If your account becomes overdue, we reserve the right to refuse you entry into our studio/classes/courses/workshops until the overdue sums are paid in full. Should you default on payments to us, we reserve the right to notify the default to a credit reference agency or other third party to obtain payment from you.
STUDENT, TEACHERS, MILITARY AND FIRST RESPONDERS: Discounted 5 and 10-class packs are offered to full-time college students, teachers, military and first responders. Discounted 5 and 10-class packs can only be purchased in studio at the desk with a photo ID.
WELFARE OF STUDENTS AND STAFF: Flow at Foundy is committed to the safety and welfare of yoga students and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Flow at Foundy has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of membership and/or cancellation of class passes without refund of any student engaging in unacceptable behavior. Yoga students who do not observe Flow at Foundy policies or who abuse equipment in any fashion will be asked to leave. Flow at Foundy reserves the right to terminate memberships or class passes of anyone who refuses to observe any of Flow at Foundy rules.
RETAIL PURCHASES: Retail purchases made at the studio can be exchanged or refunded within 30 days from the purchase date if unused, unopened, in original packaging and with retail tags. Retail “Sale” items that are discounted are considered final sales and may not be returned.
FORCE MAJUEURE: We shall not be liable to you or deemed to be in breach of these terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms, if the delay was due to any cause beyond reasonable control, including, but not limited to, Acts of God, explosion, flood, storm, fire, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T, viruses, difficulties in obtaining raw materials, labor, fuel, parts or machinery, power failure or breakdown in machinery.
WAIVER: No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.
SEVERABILITY: If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
ENTIRE AGREEMENT: These Terms constitute the entire agreement between the parties and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between parties.
GOVERNING LAW AND JURISDICTION: These Terms shall be governed by and construed in accordance with Florida law and the parties hereby agree to submit the exclusive jurisdiction of the Florida.
CHANGES: Flow at Foundy reserves the right to add, change or remove rules and conditions of participation in classes or membership.
VIDEOGRAPHY NOTICE
A video surveillance system has been installed for the purposes of security for the premises.
Flow at Foundy also uses videography for classes labeled “live stream” or “replay yoga.” Live stream and replay classes feature the instructor’s audio only with full visibility of the instructor and students in the studio.
DATA PROTECTION NOTICE
We, Flow at Foundy, will use your personal details and information to provide you with use of our services and facilities, to administer and maintain our membership records, to process your application and payments, to verify your identity and to carry out market research. We may keep your information for a reasonable period for these purposes. We may share your information with our service providers in order to provide you with Flow at Foundy services, and with other third parties to comply with our legal or regulatory obligations, for the prevention of fraud or other crimes, and in the case of medical emergencies. If your personal details change, if you change your mind about how you wish to be contacted, or if you have any queries about how we use your information, please let us know by contacting hello@flowatfoundy.com. You hereby consent to the use of your information, including sensitive personal data relating to your health and fitness, for the reasons and in the manner set out above.
POLICY ACCEPTANCE: By using Flow at Foundy services, attending any classes, trainings or workshops and/or purchasing products, you agree to the Terms and Conditions as stated above.
HOW YOU SHOULD CONTACT US: Any written notice should be e-mailed to the studio: hello@flowatfoundy.com.