TERMS AND CONDITIONS

Effective Date: August 25, 2023 

This Terms and Conditions of Use Agreement (the “Agreement”) is between You, the user, and Vida Sana Studio, LLC (“Vida Sana”). 

1 - DESCRIPTION OF SERVICES: The Vida Sana digital brand is comprised of an online movement studio, a website, social media platforms, mobile applications, and other distribution platforms (the “Sites”) operated by Vida Sana. 

These Terms and Conditions are applicable to all users of Vida Sana through its website www.VidaSanaStudio.comand its related domains, sub-domains, and mobile and desktop applications (individually and collectively the “Services”). These Terms govern your use of the Vida Sana Sites, Services, including all functionalities, features, streaming services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by Vida Sana. 

Vida Sana reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Services. 

2 - ACCEPTANCE OF TERMS:  The Sites are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such terms, conditions, and notices. 

Vida Sana has the right, at its sole discretion, to modify, add, or remove any terms or conditions without notice or liability to you. Any changes shall be effective immediately; you may see the most recent changes and version of this agreement as noted by the date at the top. You agree to review these changes from time to time, and agree that any subsequent use by you of the Sites and Services following the changes shall constitute your acceptance of such change 

 The Services are made available for your personal, non-commercial use only.  

3 – USE OF THE PRODUCTS AND SERVICES: Vida Sana is a Pilates-centered brand that offers in-person workouts, and online education (individually and collectively, the “Programs”), that can be accessed in-person and via your user account (“Account”) through the third-party platform WellnessLiving.  

REGISTRATION INFORMATION: The Sites are not directed at children under eighteen years of age. By providing information about yourself to Vida Sana You are representing that You are eighteen years of age or older OR have a parent/guardian’s approval and supervision if You are 13-18 years old, and that You, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.  

You also agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on our Sites; and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. 

If You provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vida Sana reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. 

Notwithstanding the foregoing, You hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in anyway associated with Your Participation, including those described in the Release of Liability, Agreement to Participate, and Assumption of Risk. You agree that by participating in a Program, You do so entirely at your own risk. 

USE OF THE SERVICE; ASSUMPTION OF LIABILITY: You understand that physical exercise associated with the Services can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily assume any and all risks, known or unknown, associated with your use of the Service (collectively “Your Participation”). You acknowledge that Your Participation may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (defined below).

 Notwithstanding the foregoing, You hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in anyway associated with Your Participation, including those described in the Liability Waiver, Agreement to Participate and Assumption of Risk. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk.

 LIMITED LICENSE FOR USE OF THE SERVICES: Vida Sana grants you a limited, non-exclusive license to access and use the Sites and Services for your own personal and non-commercial purposes. This includes rights to view content on Company’s website and applications 

4 – PAYMENTS: If You elect to access any component of the Sites and/or Services for which there is a fee, You agree to pay all fees and charges associated with such Service, via your account, on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged to your credit card on file, as further described below. Each user agrees to maintain valid credit card information as part of your account information when applicable. 

TYPES OF PURCHASES: The Services may allow you to access digital content such as the Vida Sana. Subject to your payment of any applicable fees, Vida Sana grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to access and engage with such content. 

By making a purchase, You expressly agree that Vida Sana is authorized to charge your selected purchase on the payment method you designate. You can update change this information at any time in your account. Receipts are sent once the charge is successful to the registered email account.  

5 – DELIVERY OF DIGITAL PRODUCTS AND SERVICES: After making a purchase through Vida Sana, You will be able to access products and services from your account and/or via the email confirmation.  

6 – USER INFORMATION; PASSWORD AND SECURITY: You are solely responsible for the information you input or upload to the Sites and Services and represent and warrant that you have the right and authorization to register for the Sites and Services. Vida Sana reserves the right in its sole discretion to decide whether the information you input, or upload is appropriate and complies with the terms of this Agreement, other Vida Sana policies, and applicable laws and regulations.

If you register for the Sites and Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up-to-date. 

Your Privacy Rights are set forth in our Privacy Policy located HERE. 

PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, You may need a username and password. You agree to keep this information confidential and not share it with anyone else. If Vida Sana has reasonable grounds to suspect that You have shared your username and password with anyone else, or forwarded copyrighted materials such as video recordings, to any other person, Vida Sana has the right to suspend or terminate Your account and refuse all current or future use of the website, without refund. Further, excessive usage of the Sites will be assumed by Vida Sana to be fraudulent use, and your account will be immediately canceled without a refund. 

7 – RELEASE: You expressly agree to release and discharge Vida Sana and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties”) from all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.  

8 – HOSTING PLATFORM: The Sites are hosted on various servers and platforms, including but not limited to WellnessLiving which is responsible for all login/account information and payment transactions. In the event of technical issues with your account, Vida Sana refers You to WellnessLiving support. Vida Sana does not have access to your account details. If you would like more information regarding WellnessLiving’s Privacy Policies and Terms of use, and how they how they collect and store information, we encourage You to visit their respective websites.  

9 – LINKS TO THIRD PARTY WEBSITES: The Sites may contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of Vida Sana, and Vida Sana is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Vida Sana is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vida Sana of the site or any association with its operators. 

10 – USER CONDUCT: As a condition of your use of the Sites, you warrant to Vida Sana that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Services may be used only for lawful purposes relating to streaming and related materials. Vida Sana specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Vida Sana. 

NO UNLAWFUL OR PROHIBITED USE: You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from Vida Sana. Similarly, You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner. 

11 – INTELLECTUAL PROPERTY: The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) are the sole and exclusive property of Vida Sana and is protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries. 

COPYRIGHTED CONSENT: The Sites contain copyrighted material owned by Vida Sana and protected under United States copyright laws, including the Copyright Act of 1976. Any reproduction or unauthorized use shall constitute infringement. Duplicating, recording, modifying, republishing, uploading, posting, distributing, or otherwise sharing materials or information obtained through the Sites is considered stealing and Vida Sana may prosecute such misconduct to the fullest extent permitted by law.  

TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by Vida Sana or a use right has been granted to Vida Sana. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or as a result of your use of the Sites or Services. Without the prior permission of Vida Sana, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.

 12 – MATERIALS PROVIDED TO VIDA SANA OR POSTED ON THE SITES: Vida Sana does not claim ownership of the materials You provide to Vida Sana (including feedback, comments, and suggestions) or post, upload, input or submit to the Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission You are granting Vida Sana permission to use your Submission in connection with the operation of their business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 No compensation will be paid with respect to the use of your Submission, as provided herein. Vida Sana is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Vida Sana. 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 

13 – LIABILITY OF DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VIDA SANA MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.  

VIDA SANA MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIDA SANA DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF VIDA SANA FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIDA SANA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VIDA SANA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. 

14 – TERMINATION AND ACCESS RESTRICTION: Vida Sana reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice. 

15 – PRIVACY POLICY: Vida Sana respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference

16 – GENERAL: To the maximum extent permitted by law, this agreement is governed by the Laws of the State of California, United States, and you hereby consent to the exclusive jurisdiction and venue of courts in Humboldt County, California, United States. In all disputes arising out of or relating to the use of the Sites. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of California, County of Humboldt, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of California, in the County of Humboldt. 

Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vida Sana as a result of this agreement or use of the Sites. Vida Sana performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vida Sana right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Vida Sana with respect to such use. 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

Unless otherwise specified herein, this agreement constitutes the entire agreement between You and Vida Sana with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vida Sana with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. 

17 – CONTACT: If you have any questions or concerns about this policy or any Services, products, or features, please don’t hesitate to contact us at: Hello@VidaSanaStudio.com