Terms of Use

Free Spirit Yoga Ninja Play LLC (“Free Spirit”) Terms of Use

Updated October 20, 2025

Please read these Terms of Use carefully. This is a legal document that explains your rights and obligations related to your use of Free Spirit’s Activities, as that term is defined below.

THESE TERMS OF USE CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS OF USE, YOU AND FREE SPIRIT AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION. THIS MEANS YOU AND WE ARE GIVING UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, AND TO HAVE DISPUTES BETWEEN US RESOLVED BY A JUDGE OR JURY. 

Thank you for using this service, which is owned and operated by [Free Spirit] (“Free Spirit,” “we,” “us,” and “our”). Free Spirit offers adult yoga classes, yoga workshops, yoga trainings, yoga retreats, and yoga events, kids yoga classes, kids ninja classes, open play, kids camps, birthday parties, private events, and seasonal events conducted or organized by or through Free Spirit, whether in-studio, in person, online, live, recorded or otherwise (collectively, with all related activities, the “Activities”). Participants in Free Spirit Activities agree to the terms and conditions of those Activities, certain of which are set forth below in these Terms of Use (these “Terms of Use”), or at the locations of specific Activities, or at such other links or locations as specified by us.

These Terms of Use also govern your use of www.freespirityoganinjaplay.com and other websites that are owned or controlled by Free Spirit and on which we post a link to these Terms of Use (“Website”), the Free Spirit mobile application, available on iOS and Android platforms (“App”), and our text messaging program (“Text Program”), and participation in the Activities. The Website, the App, the Text Program, 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 by us, including those offered on or through the Services. 

You must be an adult in the jurisdiction where you live to accept these Terms of Use. If you are under 18 years old, your parent or legal guardian must accept it. By accepting these Terms of Use, you represent that you are an adult executing this agreement for yourself and/or for your minor child(ren) whom you are allowing to participate in the Activities. All references to “participant,” “you,” “your,” and similar references means both the participant and, if the participant is a minor under 18 years old, the participant’s parent or legal guardian.

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Your Acceptance of These Terms of Use

By accessing or using the Services or any of the products available thereon (including by downloading and installing the App) and/or engaging in any 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, and in the case of the App, you should uninstall the App immediately.

Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our https://freespirityoganinjaplay.com/privacy-policy-1. 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 our Free Spirit Privacy Policy. To the extent that there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use shall control.

Your Consent to Other Agreements

When you sign up to use a special feature of the Services, 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.

These Terms of Use May Change

Free Spirit 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 https://freespirityoganinjaplay.com/privacy-policy-1. 

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.

Your Compliance with Free Spirit Rules and Directions

By participating in Activities, you agree to observe all rules and directions of Free Spirit 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 Free Spirit Rules and directions.

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 Free Spirit 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, Free Spirit grants to you a personal, non-exclusive, non-transferable, non-sublicensable, 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 Free Spirit. 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.

Trademarks

The Free Spirit 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 Free Spirit (the “Free Spirit 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 Free Spirit 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 Free Spirit 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.

Registration and Account Creation

Free Spirit 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 (except that if you are the parent or legal guardian of a minor ages 16-18 years old, you may create an account for yourself and an account for your child); (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 Free Spirit 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.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

Your Feedback

Any Content you submit on or through the Services that is specifically about how we can improve the Services and the products and services we make available through the Services (“Feedback”) will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display, or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

To the extent that the ownership of the Feedback does not by operation of law vest in Free Spirit, you agree to irrevocably and unconditionally assign, transfer, and convey to Free Spirit, free and clear of any security interests, encumbrances, adverse claims or demands, your entire right, title, and interest throughout the universe in and to the Feedback, including any and all rights that may exist, now or in the future, under the law of copyright, trademark, patent, industrial design, trade secret, or other intellectual property laws of any jurisdiction. Whenever requested to do so, you agree to assist us and our designees to secure our rights in the Feedback and related intellectual property rights in all countries. Your obligation to provide such assistance and execution will continue in perpetuity. You agree to further absolutely, irrevocably, and unconditionally waive in favor of Free Spirit any and all moral rights (or other similar rights) that you and your successors or assigns may enjoy, now or in the future, throughout the world, in relation to the Feedback.

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.

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR THEIR CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SERVICES. THE SERVICES AND ALL OF THEIR CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FREE SPIRIT, AND ANY OF ITS AFFILIATES AND SUBSIDIARIES, DIVISIONS, JOINT VENTURES, LICENSORS, AND THIRD-PARTY SERVICE OR CONTENT PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AND AGENTS (“FREE SPIRIT AFFILIATES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE SERVICES, THEIR CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FREE SPIRIT AND THE FREE SPIRIT AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE SERVICES; (C) THAT THE CONTENT OF THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT; OR (D) THAT THE SERVICES WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SERVICES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

FREE SPIRIT AND THE FREE SPIRIT AFFILIATES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED FREE SPIRIT SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER-GENERATED CONTENT, AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF FREE SPIRIT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, THE CONTENT, THE USER-GENERATED CONTENT, AND THE PRODUCTS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES OR THAT ARE PROMOTED OR ADVERTISED ON OR THROUGH THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FREE SPIRIT, ON ITS OWN BEHALF AND ON BEHALF OF THE FREE SPIRIT AFFILIATES, EXCLUDES AND DISCLAIMS LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY INCLUDING BUT NOT LIMITED TO ITEMS LOST OR STOLEN AT A STUDIO OR EVENT LOCATION; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.

THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FREE SPIRIT AND THE FREE SPIRIT AFFILIATES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF FREE SPIRIT AND THE FREE SPIRIT AFFILIATES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

You understand that participation in the Activities includes, without limitation, strenuous physical and mental activities and exercises, participating in the Activities with other participants, contact with unidentified and unfamiliar persons, participating in the Activities in new and unfamiliar places and manners, exposure to risks in the areas in which the Activities are conducted, and exposure to communicable diseases. You fully understand that the Activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY OR MENTAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to yourself, your property, and to other third parties and their property, which may be caused by your own actions or inactions, those of others participating in the Activities, the locations, places and/or buildings at, on or in which the Activities take place, the conditions at, on and in which the Activities take place (including equipment, ventilation and surfacing for the Activities), or the negligence or misconduct of any of the “Releasees” named below; and you fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages you or any third parties incur as a result of your participation in the Activities, including property theft. You represent that you understand the nature of the Activities. You further represent that you are participating in the Activities voluntarily, and that you are in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. You agree that you will discontinue participation in the Activities if you believe at any time your participation poses a threat to yourself or any third party. If you have any injury or condition that potentially affects your participation in the Activities, you will consult with your physician or other applicable provider regarding your participation, and follow all applicable provider instructions, which is your sole responsibility.

You, on behalf of yourself and anyone who obtains any rights from or through you, hereby forever and irrevocably release and discharge Free Spirit; the owners, lessors, lessees and any other individual or entity with any interest in the locations, places and/or buildings at, on or in which the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, any technology applications and platforms facilitating the Activities in any manner); any sponsors, advertisers or promoters of any of the foregoing; any of the respective parents, subsidiaries, affiliates, partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, volunteer, employee, representative or agent of any of the foregoing (each a “Releasee” herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to your participation in or attendance at the Activities; your attendance at the locations, places and/or buildings at, on or in which the Activities take place; or any first aid, treatment or any like service rendered in connection with the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY OR MENTAL INJURY, ILLNESS OR DEATH) caused or alleged to be caused in whole or in part by (i) any Releasee’s own negligence, gross negligence, misconduct or otherwise, including negligent rescue operations; (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with your participation in or attendance at the Activities, or your attendance at the locations, places and/or buildings at, on or in which the Activities take place; (iii) the voluntary disclosure of your medical information; or(iv) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of your name, image, likeness, voice and/or other personal attribute(s) or other personal information (collectively, your “Personal Attributes”), to the extent permitted by applicable law. You further covenant and agree not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.

You have read this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, understand that you have given up substantial rights by agreeing to it, and have agreed to it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. You hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, or to rescind, limit or disaffirm this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.

FOR PARTICIPANTS UNDER 18 YEARS OF AGE:

If a participant is under 18 years of age, the person agreeing to these Terms of Use further agrees as follows:

I am the parent or legal guardian of participant. I agree to these Terms of Use (and all other terms, conditions and policies of Free Spirit referenced herein), and the above Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, on behalf of myself and on behalf of my child; my child is bound by the foregoing, and I will ensure that my child honors his/her obligations hereunder and thereunder. All payments made to Free Spirit on behalf of my child are being made by me, not by my child. I have spoken to my child about the Activities, my child understands and appreciates the risks of participating in the Activities, and my child has voluntarily decided to participate in the Activities. I will indemnify and hold Releasees harmless from and against any Losses arising out of or in any way related to (i) the foregoing, (ii) my child’s attendance at or participation in any of the Activities, or my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place, (iii) any breach of the foregoing, including any representations, warranties and agreements, or (iv) any attempt to rescind, limit or disaffirm any of the foregoing. I hereby expressly approve of my child’s attendance at or participation in any or all of the Activities, and my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place. I acknowledge and agree that I am waiving certain rights on behalf of my child that my child otherwise may have. I acknowledge and agree that but for the foregoing, my child would not be permitted to participate in the Activities.

Indemnity

You agree to indemnify and hold Free Spirit and the Free Spirit Affiliates, and their respective officers, agents, partners, and employees, harmless from any loss, damage, costs, liability, claim, demand, proceeding, expense (including reasonable attorneys’ fees), or action brought, made, or threatened by any third party against Free Spirit and the Free Spirit Affiliates due to, in connection with, or arising out of (i) your use, misuse, or access to the Services; (ii) your breach or violation of these Terms of Use, including without limitation, any breach of your obligations, representations, and warranties set forth above; (iii) your infringement or other violation of any third-party right, including without limitation, intellectual property, property, or privacy right; (iv) any claim that any of your User-Generated Content or other materials caused damage to Free Spirit, a Free Spirit Affiliate, or any third party, including without limitation, if any material that you post using the Services causes us to be liable to another; (v) any transaction you conduct on or through the Services or as a result of the contact facilitated by the Services; or (vi) any activity using your email address and password by you or any other person accessing the Services, the Content, the User-Generated Content, or any other information or materials using your account, email address, or other contact information. We reserve the right to assume the exclusive defense of any such claim, and you agree to provide us with such reasonable cooperation and information as we may request. You will not in any event settle any claim without the prior written consent of Free Spirit.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.

All notices that this agreement requires to be provided to Free Spirit should be sent to: 320 SW Powerhouse Drive, Ste 150, Bend, OR 97702. Phone: 541-241-3919. Email: www.freespirityoganinjaplay.com

Any disputes arising out of or relating to these Terms of Use or your use of the Services shall be resolved through binding individual arbitration rather than in court, except for small claims court matters and injunctive relief. You and Free Spirit agree to waive the right to trial by jury and to participate in class actions.

Before filing any arbitration, the party initiating the dispute must provide written notice to the other party describing the dispute and proposed resolution. You must send notice to Free Spirit at [INSERT ADDRESS]. We will send notice to your registered email address. The parties will attempt to resolve the dispute informally for 30 days after notice is received.

Arbitration will be conducted by JAMS, Inc. under the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the dispute arises. The arbitration will be conducted by a single arbitrator and will be binding on both parties. The Federal Arbitration Act governs this arbitration agreement.

Each party will pay their own attorneys’ fees and costs. For consumer disputes, you will pay the filing fee required for consumer arbitrations. If we initiate arbitration against you, we will pay all filing fees.

YOU AND FREE SPIRIT AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN YOU AND FREE SPIRIT INDIVIDUALLY. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR OTHER REPRESENTATIVE PROCEEDINGS.

If any part of this arbitration agreement is found to be invalid or unenforceable, the remainder will remain in effect. However, if the class action waiver is found invalid, this entire arbitration agreement will be void and disputes will be resolved in court.

MISCELLANEOUS

Communications

By providing us your telephone number, including your mobile telephone number, you authorize Free Spirit 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 sublicensable by you except with the prior written consent of a duly authorized Free Spirit 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 Free Spirit 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.

Entire Agreement

These Terms of Use (together with the https://freespirityoganinjaplay.com/privacy-policy-1) contain the entire understanding and agreement between you and Free Spirit with respect to the Services and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Free Spirit with respect to the Services and your use of this Site.

Contact Us

If you have any questions about these Terms of Use or the Services, please contact us using the following information:

Free Spirit Corporate Headquarters, 320 SW Powerhouse Drive, Ste 150, Bend, OR 97702. Phone: 541-241-3919. Email: www.freespirityoganinjaplay.com