Terms of Service

May 7, 2024


Overview

This agreement sets forth the terms and conditions applicable to and governing your access and use of Mindful Growth Yoga and Meditation (Mindful Growth)’s services. Please save and read these Terms of Service carefully before accessing or using our equipment. You are only authorized to use Mindful Growth’s services (as defined below) if you agree to abide by all applicable laws and to these Terms of Service. By accessing or using any part of the equipment, including, but not limited to, visiting, using, or contributing to classes, services, website, or property you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you should leave the website or property and discontinue use of Mindful Growth’s services immediately.

Accounts

In order to access some features of the website, you will have to create a Mindful Growth account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. You are strictly prohibited from possessing duplicate Mindful Growth accounts where the account holder name, email address, phone number or physical address are the same. Mindful Growth reserves the right to merge such accounts without prior warning. Duplicate accounts that have been used to gain access to promotions or offers that would not have been available to the account holder had the user not been in possession of multiple accounts will get charged for the full value of services received without prior warning.


Member Services and Policies


Cancellations

You must cancel a class at least 12 hours in advance, or you will be deducted that credit. You will get charged full-price for no-shows (i.e., not attending class without canceling at least 12 hours in advance) and $5 for any late cancellations. No-shows include switching time slots within the 12-hour notice time period. You can cancel online, or by emailing kyle@mindfulgrowth.ca. YOU STILL WILL BE CHARGED FOR NO-SHOW FEE.

In the event of special circumstances, clients may receive grace cancellations at Mindful Growth’s discretion where no deduction or charge will be incurred for a late cancellation or no-show. Email us before the class starts. Unfortunately, we cannot go back and waive the fee now that it has been put through.

Cancellations for the September 7, 2024 Full-Day Wellness and Creativity Retreat will not be refunded.


Reservations

You must be physically present 10 minutes prior to the start of your scheduled class or your spot may be given to a waitlisted client.


Waitlist

If a class is full we still highly recommend adding yourself to the waitlist. Last minute cancellations can open up an opportunity for you to take the class that you desire. When a cancellation is made, the first name on the waitlist gets automatically added to the class, and you receive an automatic email. Once you get added to the class from the waitlist, you become responsible for attending or canceling.


Personal Belongings

As per the waiver of liability, you agree that Mindful Growth is in no way responsible for the safekeeping of your personal belongings in the facility. You assume all risk of loss for any of your personal belongings.


Late Arrivals

If you are not signed in with us within 10 minutes before class starts, and there are students hoping and waiting for a spot in class, we open the available spots in class to those who are on the waitlist. This means that you may lose your reservation. We also start our classes on time and will not accept any late entry to classes. Once the teacher starts the class – entry is not permitted.

Silent Practice Rooms and Outdoor Studio

Our practice rooms are silent, clutter-free spaces. Please do not bring personal belongings such as bags or cell phones into the practice room. We also ask that you keep conversations to common areas and outside of the practice area before and after class.

Please avoid coming in and out of the room or outdoor practice space once class has started unless it is an emergency. If you need to leave class prior to it ending please exit quietly and respect the space of those around you.

Entry to the practice room or outdoor practice space is not permitted more than 15 minutes prior to class. This allows our staff time to turnover the class and teachers to prepare if necessary.


Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms.

You agree not to use the Services:

  • For any unlawful purposes, or that could violate any applicable federal, provincial, local, or international law or regulation;

  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us in our sole discretion, may harm us or other persons using the Services or expose them to liability.

Additionally, you agree not to:

  • Use the Services for any commercial purpose;

  • Use the Services in any manner that could disable, overburden, damage, or impair the Digital Properties or any other party’s use of the Services;

  • Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;

  • Otherwise attempt to interfere with the proper working of the Services.

Behaviour

Mindful Growth intends to provide an environment that is pleasant, healthy, comfortable, and free from intimidation, hostility, discrimination, or other offences. We will not tolerate harassment of any sort – verbal, physical, and visual. Mindful Growth is a place of wellness and community. Be respectful of other guests and Mindful Growth team members.


Non-Harassment Policy

Mindful Growth disapproves of any unwelcome, inappropriate and/or offensive conduct by its personnel or its members. If you believe you have been subject to unwelcome, inappropriate, and/or offensive conduct by any Mindful Growth personnel, we encourage you to clearly and promptly tell the person engaging in the conduct that is unwelcome and offensive (if you are comfortable doing so). We also ask that you promptly notify a member of our team by contacting kyle@mindfulgrowth.ca.

Mindful Growth will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. Mindful Growth’s responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations. Mindful Growth strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore confidentiality cannot be guaranteed.


Copyright

The content on the Mindful Growth website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Mindful Growth, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Mindful Growth reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services provided by you to the Company are non-confidential and shall become the sole property of Mindful Growth.

You agree not to engage in the use, copying or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use of copying of any Content or enforce limitations on use of the website or the Content therein.

“Mindful Growth” and other graphics, logos, wordmarks, and designs are trademarks of Mindful Growth. Mindful Growth’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mindful Growth.


Mobile Services

The Mindful Growth Services may include certain services that may be available via your mobile phone, including by not limited to (i) the ability to book and/or purchase Mindful Growth credits and classes (as applicable) via your mobile phone, (ii) the ability to receive and reply to Mindful Growth messages, (iii) the ability to browse Mindful Growth from your mobile phone and (iv) the ability to access certain Mindful Growth features through a mobile application you have downloaded and installed on your mobile phone (collectively, the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Mindful Growth and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.


Service Interruptions

Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, inclement weather, force majeure, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.


Termination

We may terminate your access to the Site or Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


Governing Law

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law.


Term

These Terms of Service shall remain in full force and effect while you use Mindful Growth Services or are a Member. You may terminate your membership at any time, for any reason, by contacting Mindful Growth directly via email. Mindful Growth may terminate your membership at any time, without warning, at its sole discretion, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.


Fees

You acknowledge that Mindful Growth charges fees for its services, and Mindful Growth reserves the right to change the fees from time to time at our own discretion. If we terminate your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.


Refund Policy

Classes

All classes and credit packages are non-refundable. No exceptions.


Expiry

Four class passes expire 120 days from the date of purchase. Ten class passes expire 180 days from the date of purchase.


Retail Items

We will accept unused merchandise for a full refund within seven days of purchase, issued to the original form(s) of payment. After seven days, we will issue a store credit for up to 30 days. No returns or exchanges without a receipt. For questions or support with online purchases or returns, please contact kyle@mindfulgrowth.ca.


Gift Certificates

All gift certificates are non-refundable. No exceptions. Gift certificates are not exchangeable for cash, and will not get replaced if lost or stolen.


Changes to This Agreement

These Terms may change as we continue to evolve our business, as well as the Digital Properties or any portion thereof. If we change these Terms, we will post the revised document here and such changes will be effective immediately upon that posting. Your continued use of the Digital Properties constitutes your acceptance of such changes and agreement to be bound by the modified Terms, and so we recommend that you review these Terms periodically when accessing or using the Digital Properties. We recommend that you print or otherwise save a copy of these Terms, as updated from time to time, for your reference.

Photography and Digital Images

You agree that by attending Mindful Growth’s property to access services you will be video recorded on security cameras (CCTV) for the safety and security of the property. Promotional photographs and videos may be taken during services. By attending classes you consent to having your photograph taken and distributed by Mindful Growth. If you have any concerns with the use of your image contact kyle@mindfulgrowh.ca.


Pool Rules

By using the equipment, including the pool and hot tub, you agree to maintain a peaceful and calm environment. You agree to abide by the following rules:

  1. No shouting, screaming, or boisterous behaviour.

  2. No running around the pool or on the grounds.​

  3. No diving.

  4. Shower prior to using pool or hot tub.

  5. No use of the pool or hot tub with any open wounds or sores.

  6. No use of the pool or hot tub if you have an illness or disease that is communicable by water currently or within the past two weeks.

  7. No glassware in the pool, hot tub, or on the grounds.

  8. No food in the pool or hot tub.

  9. No urination or spitting in the pool, hot tub, or on the grounds.

  10. No alcohol or drugs.

  11. No smoking.

  12. No littering.

  13. There is no lifeguard; you agree to use the pool and hot tub at your own risk.

  14. You must bring and use your own towel, swim suit, or equipment needed to comfortably use the pool and hot tub.

We are serious about these rules.


Feedback

You may submit comments, reviews, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited and without restriction, and Mindful Growth does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant Mindful Growth the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties. Mindful Growth does not waive any rights to use similar or related feedback or ideas known to Mindful Growth, developed by Mindful Growth’s employees, or obtained from other sources.


Contacting Us

If you have any questions about these Terms of Service, the practices of Mindful Growth or its services, or your dealings with this Site or Mindful Growth, please contact us at kyle@mindfulgrowth.ca.