MYE STUDIO TERMS AND CONDITIONS

Last updated on January 15, 2025

Welcome to www.myestudio.ca (the “Site”). This Site is owned and operated by MYE Studio Ltd. (“MYE Studio,” “we,” “us,” or “our”) and provides services related to yoga, Pilates, Barre, dance, and other fitness modalities. By accessing or using the Site and Services (including any membership portal), you (“you” or “User”) agree to comply with and be bound by the following Terms and Conditions (“Terms”), as well as our Privacy Policy. If you do not agree with any part of these Terms and Conditions, please discontinue use of our Site and Services. These Terms are legally binding on you.

USE OF OUR SITE AND SERVICES

By using our Site or by clicking to accept these Terms of Use (“Terms”), you accept and agree to be bound by and comply with these Terms as well as our Privacy Policy. By purchasing or accessing any of our Services, you further warrant to us that you are at least 13 years of age. If you are not at least 13 years of age, you are not allowed to use our Site.

While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered or change the prices of Services without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Services.

If you wish to have any of your personal information and/or access to our Site removed, you may email us at info@myestudio.com and we will make reasonable efforts to do so. More information about how we collect, process and store your personal information can be found in our Privacy Policy.

CLASS POLICIES

Participation in Services
Your participation in our Services is subject to:

• Class schedules and availability.
• Compliance with MYE Studio’s code of conduct and signing of our form of Waiver and Release of Liability Agreement.
• Your responsibility to discuss with your personal health care professional any health conditions prior to starting any classes or workshops.
• Your responsibility to disclose health conditions to instructors prior to participation.
• Your acknowledgement that instructors are not health care professionals and may or may not be able to offer variations/modifications in accordance with any disclosed health conditions and that your health/well-being remains your responsibility.

Public Health Compliance 

By attending in-person classes or events, you agree to comply with any public health protocols in place, including but not limited to:

• Wearing masks (if required).
• Reporting recent symptoms or exposure to communicable illness (if required by the governing health authority).
• Refraining from attending classes or workshops if you are exhibiting symptoms of a communicable illness. We reserve the right to refuse entry to anyone not adhering to these protocols.

SALE OF GOODS AND SERVICES

Fees
Fees are as listed on our Site. We reserve the right to change our Fees at any time and without notice.

Refunds
All sales are final and we do not provide refunds. Descriptions of goods and Services are as accurate as possible, but we do not guarantee error-free representation.

Chargebacks
You agree to provide us fourteen (14) days’ notice to rectify any issues directly with us before submitting and attempting a chargeback with your financial institution or any third-party payment processor we use to process payment on our Site. We reserve the right to present proof of your access and these Terms to any third party investigating the dispute. We reserve the right to present proof of your access to the Services and your acceptance of these Terms to any third party investigating the dispute.

Payment Authorization
If any payment is recurring or made via a payment plan, you authorize our continued access to your financial information stored in any third-party payment processor we may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout.

Subscriptions
Subscription plans automatically renew unless cancelled by you on your account prior to the renewal date. No refunds or transfers are permitted for unused subscriptions. If you cancel your subscription on less than 24 hours notice, your subscription may renew for one additional month, and will be cancelled thereafter.

Shipping and Delivery
Physical goods can be picked up in-studio or delivered (where applicable). You are responsible for providing accurate delivery details and may be responsible for shipping charges. We are not liable for incorrect delivery due to inaccurate information provided by you.

INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS 

Ownership of Intellectual Property Rights
All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) on our Site, Services or posted on social media is owned by us, unless attributed otherwise. All content on the Site and in any Services is proprietary to us and you may not modify, whether in whole or in part, and of our Intellectual Property as this is a violation of federal law. You are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any way including re-posting or republishing any of our Intellectual Property to any third-party website or social media platform for any purpose whatsoever.

Violations and Indemnity
We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.

SECURITY

General
You understand that unfortunately, the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.

Security
If at any time you are required to create a username and password to access any Services, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to info@myestudio.ca.

Use of Third-Party Applications
In order to run our Site and provide our Services, we use a number of third-party applications, such as for processing payment, delivering electronic newsletters and for your booking of our Services. For more information as to how your personal information is collected, stored and processed, please refer to our Privacy Policy. You understand it is your responsibility to review the terms of use for any such third-party applications. If you do not agree with the terms of use for any third-party application used by our Site, please discontinue use of our Site and Services immediately.

Confidentiality
You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty. 

ASSUMPTION OF RISK AND DISCLAIMERS

Assumption of Risk
Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and purchase of any services, or items found or attained through this Site is at your own risk. While we host our site on a reputable platform and take commercially reasonable efforts to maintain and host the Site, we make no representations, warranties or guarantees as to your individual safety when using our Site. You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, Services or any other pages, platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.

Warranties Disclaimer
We make no warranties as to our Site, the Services or any related materials. You agree that our Site, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.

No Guarantees; Testimonial Disclaimer
While we may reference certain results, outcomes or situations on this Site or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or as part of the Services. The testimonials, statements and/or opinions presented on our Site are the results of the individuals who provided them. Results and/or experiences of each individual may vary. The testimonials used on our Site may not represent and does not guarantee the same or similar result or experience of others who use our Site and/or Services. All testimonials provided on our Site were voluntarily provided without payment or in exchange for any compensation, including free Services, unless expressly indicated otherwise.

General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, or for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable. All information and content on our website is intended as general information only and to be used and implemented at your own risk.

Technology Disclaimer
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components.

LIMITATION OF LIABILITY AND INDEMNITY

Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL COMPANY NOR, WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AFFILIATES OR SUCCESSORS (“COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION ON THE WEBSITE EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE, WHATSOEVER, SHALL BE LIMITED TO ANY ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS AND/OR SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

Release, Indemnity and Waiver
To the maximum extent permitted by applicable law, you agree to defend, indemnify release and hold harmless the Released Parties from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of our Site, including but not limited to any user submissions, third-party sites, any use of our Site’s content or materials, services and products other than as expressly set out in these Terms.

Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access to our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.

GENERAL Full Agreement
You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the Site and Services.

Governing Law, Jurisdiction; Legal Fees
These Terms as well as our Privacy Policy are governed by and interpreted in accordance with the laws of the Province of British Columbia and the federal laws of Canada where applicable as well as the Business 

Protections and Consumer Protection Act of B.C. (the “Act”). In the case of any conflict of these Terms with any mandatory provisions under the Act, the Act shall prevail. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Kelowna, BC. Subject to applicable law, the substantially prevailing party in any dispute litigation regarding any Disputes(s) will be entitled to recover reasonable legal fees and costs, including expert costs.

Severability
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

Waiver
The failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be expressly set out in writing.

All Rights Reserved
We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. [If you want to be notified about changes to these Terms and our Privacy Policy, please email us at and we will add you to our notification list.] If you continue to use the Site after we make changes, you agree to the changes. All rights not expressly set out and granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by us.

Contact
If you have any questions about these Terms and Conditions of Use, please send an email to info@myestudio.ca .