Terms and Conditions

Terms and Conditions – Sanctuary Studios Inc.

For a listing of our current studios, please click here https://www.meetsanctuary.com/. You can then see what classes are available in your studio of choice in our app for booking.

I. Application of These Terms And Conditions (the "Sanctuary" Agreement)

This website is operated by Sanctuary Studios Inc. which includes subsidiaries of Sanctuary Studios Inc. ("Sanctuary", "we", "us", or "our"). These terms and conditions ("Terms") govern your relationship with Sanctuary, including, but not limited to, your use of the Sanctuary Website www.meetsanctuary.com (the "Website") and the Sanctuary Mobile Application (the "App"), your purchase of Sanctuary sessions, your rights to cancel your purchase of Sanctuary sessions, your registration for sessions, your purchase of merchandise, your communication with Sanctuary, and your use of and attendance at Sanctuary studios. Sanctuary’s sessions include a diverse number of programming options inclusive of yoga, meditation and other forms of wellness related activity. We are excited to continue bringing Sanctuary to our guests and community members!

These Terms incorporate by reference our Privacy Policy.

II. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (Applicable to the Sanctuary Agreement)

A. Informal Dispute Resolution

At Sanctuary, we believe every session, guest, and community member matters. Our goal is to do our best to ensure that every experience with Sanctuary will exceed your expectations. If that doesn't happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at [email protected] or write to us at Sanctuary Studios Inc., 3134 Elliott Avenue, Suite 220, Seattle, WA 98121, Attention: Guest Experience. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.

B. Arbitration Agreement

By accepting the Terms, you and Sanctuary agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement ("Arbitration Agreement"). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association ("AAA"), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Sanctuary initiates arbitration, it shall have the choice as between these two arbitration forums.

WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

C. Class Action Waiver

You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Sanctuary or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Sanctuary. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).

If this class action waiver ("Class Action Waiver") clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

D. Definition of Dispute

Except as described below, the term "Dispute" in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and Sanctuary regarding any aspect of your relationship with Sanctuary, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.

Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.

Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.

E. How Will the Arbitration Work?

Either you or Sanctuary may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.

If you or Sanctuary initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:

● For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.

● Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.

● As set forth in the section of these Terms regarding Choice of Law, the arbitrator shall apply Washington law.

If required for the enforceability of this Arbitration Agreement under the Federal Arbitration Act, Sanctuary will pay all arbitrator's costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.

F. Where Will the Arbitration Be Held?

You can bring the arbitration in either Washington or in the state where you live if there is a JAMS or AAA in that state. In the event that Sanctuary initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case Sanctuary may initiate the arbitration in Washington State.

III. Sanctuary Agreement

A. Use of the Site by Minors

If you are under 18, you may register and use the App only with the involvement of a parent or guardian. Sanctuary does not accept the online registration of minors; please do not attempt to register on the App if you are under the age of 18. Registration of a minor is permitted for Sanctuary sessions, and must be completed in person at one of our studios with a parent or guardian. Minors who are at least 12 years of age, who have submitted a Minor Guest Waiver Form signed by a parent or guardian, may sign up for Sanctuary sessions via the app.

B. Reservations/Charges/Classes and Gift Cards

In order to make a reservation, you must first buy credits for a single session or a series of sessions. To buy an individual session or series of sessions online, you can sign up here www.meetsanctuary.com by downloading the app and registering with Sanctuary by using your e-mail and creating a password, or if you are already registered, login to the app to buy a series and make your reservation. Reach out to any Sanctuary studio to ask about advanced group booking options. Sanctuary reserves the right to hold any session.

In addition to classes and series of classes, you can also buy a gift credits. Sanctuary's gift credits are called "Sanctuary offerings". Gift credits never expire and the person that you are giving them to can use his or her gift credits to buy sessions or to buy any kind of merchandise. Once a session is purchased using gift credits, it will expire, just like any other session you buy. If you would like to buy a gift sessions, please click here www.meetsanctuary.com/giftofferings.

Gift credits and sessions are not the same thing. Unlike gift credits, sessions are for our sessions only. You cannot give sessions to another as a gift. When you buy credits, you are only entitled to use those credits to book sessions in a particular studio at a particular time. You cannot redeem your credits for cash and you cannot transfer credits to another guest or community member.

Credits and sessions do expire. The expiration dates are posted in the description of the session or series of sessions on the Website and the App and listed on your receipt. If, however, you are delayed and cannot make a session in time, just give us a call, stop by the studio, or e-mail us and we may be able to re-schedule your session.

Credits required to book a session are subject to change, however Sanctuary will honor the value of each session once booked, regardless of whether there is a price increase in the interim. We accept MasterCard, Visa, Discover, and American Express. Cash payments may only be made in a Sanctuary studio. You can reserve sessions online up to one month in advance (on a rolling basis from the day you book, 30 days out including the day of booking), but not later than 1 hour prior to session start time.

Your credit/debit card will be charged for your order when you buy your credits, not when you book your session(s). Sanctuary will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Sanctuary may incur in its efforts to collect any unpaid balances from you.

C. CONSUMERS' RIGHT TO CANCELLATION

You have the right to cancel your purchase of a Sanctuary credits. Your right to do so may vary depending on the applicable laws of each state in which Sanctuary operates studios. In general, you may cancel your purchase credits at any time before midnight of the fifth business day after the date of your purchase, excluding Sundays and holidays. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to [email protected] or Sanctuary Studios Inc., 3134 Elliott Avenue, Suite 220, Seattle, WA 98121, Attention: Sanctuary Credit Refunds.

Sanctuary will refund the purchase price of your unused credits within ten days after we receive your notice of cancellation. Guests and community members shall have the option to receive the refund either to the original method of payment or Sanctuary store credit.

D. ADDITIONAL RIGHTS TO CANCELLATION OF PURCHASE OF CREDITS

You or your representative may also cancel your purchase of credits the reasons listed below. To do so, you must give us written notice, by e-mail or certified or registered mail to [email protected] or Sanctuary Studios Inc., 3134 Elliott Avenue, Suite 220, Seattle, WA 98121, Attention: Sanctuary Credit Refunds.

You may cancel your contract in any of the following circumstances.

If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, Sanctuary will refund you the purchase price of your unused credits.

If you die, Sanctuary will refund your representative the purchase price of your unused credits.

If you move your residence more than 25 miles from a Sanctuary studio location, you may cancel your purchase and Sanctuary will refund the purchase price of your unused class or classes. Depending upon where you live, you may be charged a cancellation fee.

If Sanctuary stops offering sessions, you may cancel your purchase.

E. Cancellation Policy for Reservations

In order to cancel a reservation in a Sanctuary session and return credits to your account, you must cancel 24 hours prior to the start time of your session. Once your reservation is cancelled, the credits used to book the session will be returned to your account to be used at a future date; the credits are not refunded. If you haven't cancelled 24 hours prior, your scheduled session will be charged to your credit balance account.

You can cancel your reservation in the following ways:

1. Log into your account on the App, locate the session you wish to cancel, press "cancel".

2. Call the studio where you're booked to cancel the session for you.

In the event that you do not cancel your session 24 hours prior to the session start time, or if you do not claim your session within 5 minutes following your session start time, then Sanctuary shall have the right, without any credit or refund to you, to allow others to reserve or use your session for a fee.

FOR GUESTS AND COMMUNITY MEMBERS RUNNING LATE: We ask that you call the studio to let us know you are on the way. If you call the front desk within 5 minutes of your session start time, we will hold a reservation for up to 10 minutes after session begins. Guest and community members who are more than 10 minutes late will forfeit the programmed content within the session however will be given the option to occupy the space should they chose do to so for the remaining time of the session. Such bookings will be programmed against a default immersive backdrop and soundtrack selected by Sanctuary.

FOR GUESTS AND COMMUNITY MEMBERS LEAVING EARLY: If you are planning on leaving a group session early, we kindly request that you tell the host of the session ahead of time.

F. Geographic Use of Classes

Sanctuary offers different series of sessions so that our guests can select the options that best suit their individual needs. Before you book a session or series of sessions, it is important that you take a minute and read the written descriptions we provide you about what the session or series includes, and any limitations on where you may book your session.

G. Products Provided for Use During a Sanctuary Session

Sanctuary provides various amenities for use by our guests while utilizing our facilities, offering these items on a complimentary basis. These items include cosmetics, yoga props, hair dryers, towels, tea service, ceramic cups for use with filtered water and tea, as well as the general use of all technology in the space. Our guests are welcome to use all that we offer in studio while in our facilities, however we ask that you do not take any of these items with you when departing our facilities, as we account for each item and track the usage of these amenities. Should you choose to take any of these items with you, your account will be charged the full retail price of this item following, to the credit card on file. If you would like to buy any of these items directly from our partners, please let us know, as we would be happy to provide you with the requisite information to procure these items directly.

H. Waiver and Release

By signing up for and/or attending sessions, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the "Sessions and Facilities") of Sanctuary and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers of activities in association with the sessions and use of the Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, rhabdomyolysis, and concussions; and (3) catastrophic injuries including paralysis and death.

You have read and thoroughly understand the Sanctuary Safety Instructions that are posted on Sanctuary's Website, a hard copy of which is also available in studio, upon request. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff.

If in the subjective opinion of the Sanctuary staff, you would be at physical risk using Sanctuary’s Sessions and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Sanctuary with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Sanctuary’s concerns and stating that Sanctuary's concerns are unfounded.

Sanctuary also reserves the right to refuse bookings or re-booking of our facilities to any guest subjectively having been determined to have engaged in an activity deemed inappropriate, illegal, harmful to our facilities or otherwise offensive to our staff or other guests. Such activity will be reported by our docents to Sanctuary management for review upon occurrence. Guests will be given the opportunity to appeal any decisions to block any access to our locations by email, by sending such requests to [email protected].

In consideration of being allowed to participate in and access the Sessions and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Sessions and Facilities, whether sustained while using any form of equipment or not, (2) release, indemnify, and hold harmless Sanctuary, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Sessions or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Sanctuary's Sessions and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Sanctuary's Sessions and Facilities, and should not be participating in any Sessions.

I. Links/Third Party Websites

Sanctuary has not reviewed all the sites linked to the Website and/or App, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the Sanctuary logos, please understand that it is independent from Sanctuary, and that Sanctuary has no control over the content of that website and/or app. Going to third party or off-site websites from the Website and/or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with Sanctuary.

J. Texts and Calls

We may offer you the ability to receive texts and calls in connection with our services. If you opt-in to receive texts and calls, you agree that Sanctuary may send you reoccurring texts and calls (including prerecorded and/or by autodialer) to the phone number you provide for transactional and marketing purposes in accordance with the terms of your opt-in. You can opt-out of receiving texts or calls to your phone number at any time by (i) for texts, texting "STOP" in response to any text you receive from us or contacting us at [email protected] and specifying you want to opt-out of texts to your phone number; and (ii) for calls, requesting opt-out during any call you receive from us or contacting us as at [email protected] and specifying you want to opt-out of calls to your phone number. For texts, you can also text "HELP" at any time for more information. We may send you a text confirming any opt-out by you and any such opt-out is limited to the phone number used and will not affect subsequent or separate subscriptions. You understand that your consent is not required as a condition of purchase. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phones and/or carriers are supported. Contact your carrier for further details. Additional terms may apply as set out in the terms of your opt-in.

K. Intellectual Property Rights

The trademarks and trade dress of Sanctuary are proprietary to Sanctuary and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, Sanctuary. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.

Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Sanctuary, is strictly prohibited.

You acknowledge that Sanctuary and/or third party content providers remain the owners of all Website and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. Sanctuary may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.

L. Not Authorized to Perform Data Mining

You are not authorized without the prior written permission of Sanctuary to use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website and/or App or accessed through this Website and/or App. You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.

M. Not Authorized to Use This Website for Commercial Purposes

Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of Sanctuary's material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website and/or App in connection with the sale or resale of any Sanctuary products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, Sanctuary's material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, user's permission to use Sanctuary's material will automatically terminate and any copies made of Sanctuary's material must be immediately destroyed.

Any unauthorized use of Sanctuary's material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

N. Warranty Disclaimer and Limitation of Liability

In no event will Sanctuary be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, your purchase of Sanctuary sessions, your rights to cancel your purchase of Sanctuary sessions, your registration for sessions, your purchase of merchandise, your communication with Sanctuary, and your use of and attendance at Sanctuary's studios, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Sanctuary expressly advised of the possibility of such damage.

All information, goods, services, products and experiences are provided by Sanctuary on an "as is" basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. Sanctuary provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

O. Choice of Law

The Terms are governed by the laws of the State of Washington, without regard to Washington’s choice of law provisions, except for any disputes concerning the interpretation and enforcement of the above Arbitration Agreement, which shall be governed by the Federal Arbitration Act. Except as provided above as to those Disputes you or Sanctuary submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in Washington.

P. Acceptance of Terms

By using the Website or App, purchasing a Sanctuary credits, registering for a Sanctuary session, booking a studio, purchasing merchandise, and/or using or attending a Sanctuary session, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website or App, purchasing Sanctuary credits, registering for a Sanctuary session, booking a studio, purchasing merchandise, and/or using or attending a Sanctuary session.

Occasional changes may be made to this document to reflect changes in Sanctuary's policies. The Terms may be revised at any time by updating this posting. By using the Website or App, by buying Sanctuary credits, registering for sessions, booking studios, buying merchandise, and/or using and attending Sanctuary's studios, you agree to be bound by any such revisions. Guests and community members are encouraged to check this document periodically to stay informed of current guidelines.

Q. Contact Us

If you have any questions about these Terms you can reach us at [email protected].

Washington

The studio facilities operators are Sanctuary Studios Inc. which is located at 3134 Elliott Avenue, Suite 220, Seattle, WA 98121.

Sanctuary is an immersive wellness experience where guests can engage in yoga, meditation and other wellness related activities. Guests can use our studios, furniture and props.

BUYER'S RIGHT TO CANCEL: IF YOU WISH TO CANCEL THE SANCTUARY AGREEMENT WITHOUT PENALTY, YOU MAY CANCEL IT BY DELIVERING OR MAILING A WRITTEN NOTICE TO THE HEALTH STUDIO. THE NOTICE MUST SAY THAT YOU DO NOT WISH TO BE BOUND BY THE SANCTUARY AGREEMENT AND MUST BE DELIVERED OR MAILED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS CONTRACT. THE NOTICE MUST BE MAILED TO EITHER SANCTUARY STUDIOS INC., 3134 ELLIOTT AVENUE, SUITE 220, SEATTLE, WA 98121. IF YOU CANCEL WITHIN THE THREE DAYS, THE HEALTH STUDIO WILL RETURN TO YOU WITHIN THIRTY DAYS ALL AMOUNTS YOU HAVE PAID.

"Business day" means any day except a Sunday or a legal holiday.

Additional Rights to Cancellation of the Sanctuary Agreement:

● You (or your estate) may cancel your contract if you die or become totally disabled. Sanctuary Studios Inc. may require that the disability be confirmed by an examination of a physician agreeable to you and Sanctuary.

● You may cancel your contract if you move your permanent residence to a location more than 25 miles from a Sanctuary studio or an affiliated health studio offering the same or similar services and facilities at no additional expense to you. Sanctuary Studios Inc. may require reasonable evidence of relocation. If, at the time of signing a contract requiring payment of an initiation or membership fee, you lived more than 25 miles from a Sanctuary studio, you may cancel only if you move an additional 5 miles or more from a Sanctuary studio.

● If the contract extends more than one year, you may cancel the contract for any reason upon 30 days' written notice to the health studio.

● If the health studio facilities are permanently closed and comparable facilities owned and operated by the seller are not made available within a ten-mile radius of the closed facility. If a facility, construction, or improvement is not completed by the date represented by the contract;

● If the contract for health studio services was sold prior to the opening of the facility, you may cancel within the first five business days the facility opens for use of the buyer and the health studio begins to provide the agreed upon health studio services; and,

● To cancel, you must deliver or mail a written notice to Sanctuary Studios Inc., 3134 Elliott Avenue, Suite 220, Seattle, WA 98121. Your notice of cancellation must include the confirmation email you received at the time of purchase. You will receive a full refund within 30 days of receipt of your notice of cancellation, less the cost of any used classes.

I hereby acknowledge that I have received a copy of the studio rules.

The duration of this contract is equal to the expiration period for the credits or sessions purchased.