1. SCOPE OF AGREEMENT

Please read these Terms of Service (the “Terms” or the “Terms of Service”) carefully before using https://samadhi-wellness.com  or other websites (together, “the Site”) operated by Samadhi Center LLC  (“Samadhi Center” “Samadhi” “us”, “we”, or “our” “studio”), our mobile applications (“Apps”), services provided at our studios, and any other services that we provide that  link to these Terms (the Site, Apps, and other services, collectively, the “Services”).

This Terms of Service document is an agreement between you and Samadhi Center and sets forth the legally binding terms and conditions for your use of the Services.  The Terms incorporate by reference our Privacy Policy, available at https://samadhi-wellness.com/privacy-policy (the Terms of Service and Privacy Policy are collectively referred to as the “Agreement”).

By accessing or using the Services in any manner, including, but not limited to, visiting, or browsing the Site, downloading the App(s), or contributing content or other materials to the Site or on or via the App(s), you agree to be bound by the Terms. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms.  Please read the Terms carefully and save it.  If you do not agree with it, you should leave the Site or App and discontinue use of the Services immediately.

2. GENERAL

  • All purchases of services (classes, workshops, events) are non-refundable.
  • Purchases of products are only refundable in new and unused condition up to 10 days after the purchase.
  • Prices for our products are subject to change without notice.
  • We reserve the right to discontinue any product at any time. 
  • We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
  • Please try to vacate the room within 10 minutes at the end of your class as we have to prepare for the next class. 
  • The minimum age for most of our yoga classes is 16 years of age. If you are under between 16 and18 years of age, a legal guardian must sign your waiver as consent on your behalf. If you are under 16 years of age, please ask us about what yoga classes might be an option for you.
  • All students must have a unique online account associated with a unique email address. Friends and family members may not share the same email address.
  • No discounts will be given on class packages, intro offers, or unlimited packages except at the discretion of the management.
  • Every effort will be made to hold classes on schedule but sometimes class times will change or may be cancelled due to circumstances out with our control. Please check the online schedule for the most up-to-date schedule. Samadhi Centre LLC is not liable to refund, transfer or offer compensation of any kind for classes that are late, changed or cancelled for any reason.
  • Please arrive at least ten minutes before class.
  • Please check in at reception before each class.
  • Towels are required during class. – Students are recommended to stay hydrated during classes and put away all equipment at the end of class.
  • Payment must be made upon booking. No students will be permitted to sign-up for a class, workshop, or event without payment unless it is a free or donation-based class.
  • Samadhi Centre is not responsible for the safekeeping of your personal belongings. All items taken to the center by a client are taken at the client’s own risk.
  • The doors will be closed 10 minutes into every class. For safety reasons, entry is not permitted after this time and leaving class early is strongly discouraged.
  • You agree that you have been examined by a qualified medical practitioner within the past six months and have been found by such practitioner to be in good physical health and physically able to perform all yoga classes including heated yoga (room temperature can reach 37°C degrees Celsius & above) & sauna room (room temperature can reach up to 100°C degrees Celsius and above)  &  cold bath (water temperature can go down till 4°C degrees Celsius or less). Samadhi Centre LLC is not liable for any injury or illness suffered by the client as a result of taking any class and using the heated yoga, sauna room, and cold bath.
  • It is the responsibility of the student to notify your instructors of any previous injury, illness, or conditions that may impact their practice.
  • Your participation in any class is done with full knowledge that there is a risk of personal injury or accident, and you accept such risk.
  • You will follow all instructions given to you by Samadhi Centre LLC your instructors and you acknowledge that any failure to do so will be at your own risk and may cause injury.
  • In attending classes at Samadhi Centre LLC, you agree that neither you, your heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Samadhi Centre LLC or its members for any personal injury, property damage/loss, or wrongful death, except as a result of gross or willful negligence, subject to the terms of applicable laws.
  • Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property.
  • Samadhi Centre LLC reserves the right to refuse entry.
  • Prices may increase from time to time.
  • Terms, conditions, and fees are subject to change without prior notification.
  • By booking into a class, you automatically agree to the above terms & conditions.

3. CHANGES TO THIS AGREEMENT

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website or Apps. It is your responsibility to check our website or Apps periodically for changes. Your continued use of or access to our website or Apps or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

If you do not agree to any of these Terms or any changes to these Terms, please do not use, access, or continue to access the Services, or discontinue any use of the Services immediately.

4. ACCESSING THE SERVICES AND ACCOUNT SECURITY

To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.

By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence, and you have given us your consent to allow any of your minor dependents to use the Service.  By using the Services, you represent that you are over 16 years of age, and, if between the ages of 16 and 18, your parent or guardian has consented to the Terms of Service and your use of the Services.

From time to time, we may restrict access to some or all parts of the Services, including studio classes, the Site, and App(s).

In order to access some Services available on the Site and App(s), you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.

5. 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, state, 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, may harm us or other persons using the Services or expose them to liability.

Additionally, you agree not to:

  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • Initiate or participate in any sexual activity at studio.
  • Submit false or misleading information.
  • Use the Services for any commercial purpose.
  • Use the Services in any manner that could disable, overburden, damage, or impair the Site or mobile app or any other party’s use of the Services.
  • Use any robot, spider or other automated device, process, or means to access the Service for any purpose.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • 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 Service.
  • Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
  • To collect or track the personal information of others.
  • To spam, phish, pharm, pretext, spider, crawl, or scrape.
  • Obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited us.

6. STUDIO POLICIES, RULES, AND REGULATIONS 

CANCELLATIONS:  In accordance with the Agreement you must cancel any class at least 12 hours in advance of the classs or you will be deducted that class.  This includes changing or swapping classes. You may cancel a class through our online system or by calling the studio directly.

RESERVATIONS: You must be physically present 5 minutes prior to the start of your scheduled class or your spot may be given to a waitlisted client.

MEMBERSHIP PACKAGES: Members who purchase any membership package are subjected to a penalty charge for either a late cancellation or an absence should they not cancel their reservation prior to the allotted 12-hour window.

INTRODUCTORY OFFER:- First-time students are eligible for an introductory offer (discount). Only one introductory offer is allowed per person. All promotions are non-transferable and non-refundable. Customers who are caught trying to purchase the introductory offer more than once will have their accounts suspended and will be charged any additional class fees for any classes they have already taken as part of the introductory offer.

WORKSHOP: – Workshop and event cancellations must be made at least 24 hours prior to the start of the reserved workshop or event. If you do not attend or cancel within 24 hours of the stated start time, you will be charged in full for the workshop and will not be able to use the credit for a future workshop. Workshops, events, and training sessions are non-refundable. Credits will not be provided for enrollments canceled by student.

PERSONAL BELONGINGS:- You acknowledge that while you are present in the Studio, Samadhi Center is under no obligation to ensure the security of your personal items. For any of your personal belongings, you accept full responsibility for losses.

7. RETAIL- PRODUCT INFORMATION

Availability – All products shown on the website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available. In some cases, merchandise displayed on the website may not be available in stores and Samadhi makes no representations or warranties that any of the products or services displayed on the website will be available at any time or location.

Colors and Packaging – The images of the products on our website are for illustrative purposes only. We have made every effort to display as accurately as possible the colors of our products that appear on the website.

Products may vary slightly from the images displayed. The packaging of the products may vary from that shown in images on the website.

8. PURCHASE OF PRODUCTS

 Our sales process is conducted by way of the following steps:

  • Place your Order: after carefully reviewing the product specifications, you submit an order for products by providing the relevant details, including name, address, email, phone number, and payment method on the order summary page. You should also review the relevant price, shipping costs, Terms of Service, and accept your obligation to pay the total price by clicking the ‘complete order’ button. To place an order with Samadhi, you must possess a valid credit or debit card issued by a bank acceptable to us, except where you place your order using a valid gift card issued by us.
  • Order Acknowledgement: Samadhi will acknowledge receipt of your order by sending an email to the email address provided by you when placing your order. This is not an order confirmation or order acceptance from Samadhi.
  • Order Acceptance: Samadhi will accept your order by sending an email to the email address provided by you when placing the order. The email will contain all information relating to your purchase, as well as a copy of the Terms of Service and of the form that may be used if you wish to exercise your right of cancellation within 48 hours.
  • Shipping Confirmation: we will send you a shipping confirmation email as soon as your Product is shipped from our warehouse.
  • Terms of Payment: All prices are reflected in AED (United Arab Emirates Dirhams) and include VAT where applicable. You will be informed in advance of shipping costs or fees, if any, through the Website. You can only pay for your order using one of the debit or credit cards. Payment for the Products and all applicable delivery charges must be made in advance. If products are not available for any reason after we have received your order, we will let you know. We will not charge you for these products and will refund any amounts already paid (if any) by way of a credit to your credit card/ debit card account.
  • Security checks: As part of our policy to protect against fraudulent use of credit/debit cards, we might conduct security checks on all orders received. These checks can take various forms and may involve contacting you by telephone before we process your order. We may share details of your order with third party for the sole purpose of detecting and preventing fraudulent use of your payment cards.
  • We offer Products for sale for personal use only.
  • We reserve the right not to accept orders placed by persons other than consumers. We only supply Products for domestic and private use.
  • You agree not to use the product for any commercial, business, or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We intend to rely upon these Terms of Service.
  • REFUND POLICY: As applicable, classes and membership packages are non-refundable. No exceptions.

We do not offer refunds on purchases for our services, beyond your statutory rights. We strongly recommend that you are modest in your initial membership purchases, and to make sure that you like us, can reach the venue, and like what we do before making extravagant purchases.

Unused Products will be accepted for a full refund within 10 days of purchase. No refund will be provided without a receipt.

For questions or support with online purchases or returns,please contact info@samadhi-wellness.com

  1. MISCELLANEOUS:
  2. Please bring your own mat, towel, and water bottle.  If you do not have a mat, we have a limited number of yoga mats available to borrow but cannot guarantee that one will be available. Water can be purchased, or you can fill your own water bottle for free from our filtered cooler.
  3. No shoes are allowed in the yoga studio space.
  4. No cell phones are allowed in the yoga studio space.
  5. Please review Studio Policies, Rules, And Regulations in advance.
  6. NON-RECORDING OF LIVE STUDIO/ONLINE CLASSES AGREEMENT:

You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any live Samadhi’s classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized personal of Samadhi. Samadhi’s  instructors are not authorized to provide consent. This includes even a temporary recording/transmission live Samadhi’s online class via online platforms such as Snap Chat, Zoom, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in a Samadhi’s online or studio class before and/or after a class with the consent of each participant who is identified in your content.

Any violation of this non-recording agreement is grounds for exclusion from participation in any Samadhi Centers activities.  You further agree to indemnify, defend, and hold harmless Samadhi Center, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this non-recording agreement.

  1. YOGA CLASSES GUIDELINES:

There are physical conditions and health problems that it is not advised to attend yoga as it may be unsafe. If you have any of the conditions listed below, we advise you consult a doctor/physician before booking into a yoga class at Samadhi. Additionally, please let your yoga instructor know of any recent injuries, surgeries, or ailments so that the instructor can help you with modifications to avoid injury.

•           Pregnancy

•           Sciatica

•           Knee condition/injury/pain

•           Hernia/Ulcer

•           Hypertension

•           Frozen shoulder

•           Back condition/injury/pain

•           Surgery

•           Inflammation

•           Wrist condition/injury/pain

•           Ankle condition/injury/pain

•           Hip condition/injury/pain

•           Broken bones

•           Joint condition/injury/pain

•           Tendon condition/injury/pain

•           Ligament condition/injury/pain

Additionally, if you have any of the following physical conditions or health problems, we ask that you do not book into yoga as it is putting you, your instructor, or your other students at risk. If you do have any of the following conditions and arrive for a yoga class, we reserve the right to ask you to leave without receiving your service and reserve the right to refuse a refund.

•           Contagious diseases

•           A new or worsening cough

•           A fever of at least 38°C

•           Shortness of breath

•           Sore throat

•           Sneezing and runny nose

•           Temporary loss of smell

•           Under the influence of alcohol, drugs, or illicit/illegal substances

  1. SAUNA BATH GUIDELINES:

There are physical conditions and health problems that it is not advised to receive an infrared sauna therapy treatment as it may be unsafe. If you have any of the conditions listed below or other condition that may be susceptible to heat and / or infrared, we advise you to consult a doctor/physician before booking in your infrared sauna therapy treatment or services. If you do have any of the following conditions and it is unsafe for you to have the infrared sauna therapy treatment, we reserve the right to ask you to leave without receiving your service and reserve the right to refuse a refund.

  • High blood pressure
  • Low blood pressure
  • Pregnant
  • Kidney disease
  • Liver disease
  • Open Wounds or Skin Ulcers
  • Claustrophobia
  • Heart Conditions
  • Mobility Issues
  • Circulatory System Problems
  • Diabetes Type 1
  • Diabetes Type 2
  • Multiple Sclerosis
  • Haemophilia
  • Contagious Disease/Fever/Cold/Flu Symptoms
  • Skin Insensitivity to Temperature
  • Skin Hypersensitivity to Temperature
  • Joint Injury in last 48 Hours
  • Injury causing Inflammation in last 48 Hours
  • Burns
  • Medications
  • Pregnancy

If you are under the influence of alcohol, drugs, or illicit/illegal substances or currently have a contagious disease/fever/cold/flu symptoms, we ask that you do not book your infrared sauna treatment or use the facilities at the Center. If you do book in while under the influence, we reserve the right to ask you to leave without receiving your service and reserve the right to refuse a refund. If you do receive the treatment and cause additional cleaning/maintenance to the infrared sauna, you will be charged an additional AED 500 cleaning and equipment maintenance fee.

Do not use the sauna immediately following strenuous exercise. Please wait at least 30 minutes to allow the body to cool down completely.

When receiving an infrared sauna therapy treatment, you do run the risk of becoming overheated, dehydrated, or dizzy if you are in it for too long and not properly hydrated. Always stay hydrated while using the sauna to replenish lost fluids from the body due to perspiration.

It is your responsibility to listen to your body. If you feel yourself becoming overheated, you can step out of the sauna at any time.

Please shower before using the sauna. Once you enter the infrared sauna, place a towel on the bench and floor to sweat off the wood and floor tile, and keep an extra towel handy to wipe any extra sweat from your body. Please avoid touching the surface of the heaters behind the wood frames as they will be hot and may cause burns. After you have finished in the sauna, you can shower to refresh.

Please try to vacate the room within 10 minutes at the end of your treatment, as we have to prepare for the next client. A timer will be set for you to keep you aware of when to exit the room.

The minimum age for an infrared sauna treatment is 16 years of age. If you are under 18 years of age, a legal guardian must sign your waiver as consent on your behalf.

  1. ICE BATH GUIDELINES:

There are physical conditions and health problems that it is not advised to receive an ice bath therapy treatment as it may be unsafe. If you have any of the conditions listed below, we advise you to consult a doctor/physician before booking in your ice bath therapy treatment or services. If you do have any of the following conditions and it is unsafe for you to have the ice bath therapy treatment, we reserve the right to ask you to leave without receiving your service and reserve the right to refuse a refund.

  • High blood pressure
  • Low blood pressure
  • Epilepsy/Seizure disorder
  • Currently experiencing Diarrhoea/Incontinence
  • Open wounds or skin ulcers
  • Heart conditions 
  • Sensitivity to Chlorine, Bromine, Sulfate or Magnesium 
  • Mobility issues
  • Circulatory system problems
  • Diabetes Type 1
  • Diabetes Type 2
  • Skin insensitivity to temperature 
  • Skin hypersensitivity to temperature 

When receiving an ice bath therapy treatment, you do run the risk of hypothermia if you submerge in the bath for too long. It is your responsibility to listen to your body and not submerge for longer than 15 minutes.

If any of the following apply to you, we ask that you do not book your ice bath therapy treatment until the appropriate length of time has passed. If you do have any of the following, we reserve the right to ask you to leave without receiving your service and reserve the right to refuse a refund. If you do receive the treatment and cause additional cleaning/maintenance to the ice bath, you will be charged an additional  AED 750/- cleaning and equipment maintenance fee.

  • Under the influence of alcohol, drugs, or illicit/illegal substances
  • Contagious disease/Fever/Cold/Flu symptoms
  • Had your hair coloured in the last 2 weeks
  • Had a keratin treatment to your hair in the last 4 weeks
  • Had a spray tan in the last 2 weeks
  • Currently have henna colouring in your hair

The minimum age for an ice bath treatment is 16 years of age. If you are under 18 years of age, a legal guardian must sign your waiver as consent on your behalf.

Please shower and rinse off the full body before using the ice bath.

You are welcome to go between a hot shower and the ice bath as many times as you would like throughout the duration of your appointment. Please be aware that the floor may be slippery when wet.

Please try to vacate the room within 10 minutes at the end of your treatment, as we have to prepare for the next client. A timer will be set for you to keep you aware of when to exit the room.

  1. POOL SAFETY RULES & GUIDELINES
  • Following the below pool safety rules & guidelines helps to maintain a safe and enjoyable environment for all members and students.
  • Please shower before entering the pool
  • No lifeguard on duty. All persons using pool do so at their own risk.
  • No glass or alcoholic beverages
  • No food allowed.
  • No pets allowed.
  • Proper swim attire required.
  • No running, jumping or rough play permitted.
  • No toys, balls or floats in pool
  • Noodles and life jackets are allowed.
  • Smoking on pool grounds is not allowed.
  • Children under 16 not allowed, running or rough play should be prohibited in and around the pool area to prevent accidents.
  • Music devices must be used with headphones.
  • Emergency phone is located at reception.
  • No children under the age of 16 are allowed in the pool area or near the pool area.
  • Only members and students are allowed in the pool area.

Some of the Services may be available via your mobile phone, including but not limited to (i) the ability to book Samadhi classes or purchases via your mobile phone, (ii) the ability to receive and reply to Samadhi’s  messages, (iii) the ability to browse Samadhi’s from your mobile phone and (in) the ability to access certain Samadhi’s features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”).  We do not charge for the 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, it any, may be applicable to your use of such Mobile Services.

  1. EVENT OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform or delay in the performance of, any of our obligations under any contract that is caused by events outside our reasonable control (“Event Outside Our Control”). An Event Outside Our Control includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a)        strikes, lock-outs, or other industrial action;

(b)        civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c)        fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;

(d)        impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e)        impossibility of the use of public or private telecommunications networks;

(f)         the acts, decrees, legislation, regulations or restrictions of any government; and

(g)        pandemic or epidemic.

Our performance under any contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event being Outside Our Control. If any such event continues for more than six (6) months, Samadhi will have the option to terminate the agreement by serving notice to that effect.

  1. TERMINATION

We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any membership that you have purchased, at any time, for any reason, by following the instructions on the “My Account” page or by contacting Samadhi Center directly via phone or email. We may terminate your account or membership at any time, without warning, if you breach the Terms of Service. If we terminate your account or membership because you have breached the Terms of Service, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or class packages.

19. THIRD-PARTY SITES

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

20. ASSIGNMENT

You may not assign or transfer your membership, your bookings or any rights arising under this Agreement without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns

21. FEES

You acknowledge that Samadhi Center charges fees for its services, and subject to the applicable law, Samadhi Center reserves the right to change its fees from time to time in its discretion.

22. NON-HARASSMENT POLICY 

Any unwelcome, improper, and/or offensive behavior on the part of Samadhi staff or members is not acceptable and will not be tolerated. We encourage you to express your concerns to the person engaging in the offensive conduct as soon as you notice it. If you feel you have been the target of unwelcome, inappropriate, or offensive behavior by any Samadhi personnel or member, whether it occurred during a Samadhi Class, in a Samadhi studio, or in any other situation related to Samadhi please make our staff aware of the position as soon as possible (if you are comfortable doing so). Furthermore, please promptly contact us at info@samadhi-wellness.com.

We strongly advise you to provide as much specific information in writing as possible regarding each alleged incident, including the following: date, time, place (specify studio location or time/type of virtual class), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.

Samadhi will make every effort to properly investigate any reported incidents and provide due process to all parties. However, Samadhi responsive actions cannot be predicted in advance because they will vary depending on the nature of the allegations. To the greatest extent possible, Samadhi strives to maintain confidentiality throughout the investigative process. However, our obligation to investigate and take appropriate corrective action may necessitate the disclosure of certain information, so confidentiality cannot be guaranteed.

Samadhi may terminate or cancel the membership of any member if they are found to be in breach of any of the policies contained in the Terms of Service.

Any disputes or complaints not resolved via this complaint process will be subject to the legal procedures as outlined below.

23. INTELLECTUAL PROPERTY RIGHTS

The content on the Site and mobile apps, 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 Samadhi, 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.  We reserve 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 Company are non-confidential and shall become the sole property of Samadhi.

You agree to not 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 or copying of any Content or enforce limitations on use of the website or the content therein.

“Samadhi,” and the “samadhi” icon Icon

Description automatically generated  and other graphics, logos, wordmarks, and designs are trademarks of Samadhi in the UAE and/or other countries for which applications are pending.  Samadhi 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 Samadhi.

24. FEEDBACK, USER COMMENTS AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

26. ENTIRE AGREEMENT & NO WAIVER

The Terms of Service, together with our Privacy Policy (collectively, the “Agreement”), and any other legal notices published on the Services, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services.  If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.

No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.

27. SERVICES INTERRUPTIONS

Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, 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.

28. GOVERNING LAW

This Agreement (and any further polices, rules and regulations, or guidelines incorporated by reference), terms of services and any separate agreement shall be governed and construed in accordance with the laws of Dubai, UAE, without giving effect to any principles of conflicts of law.

29. ARBITRATION

You and Samadhi agree that, except as may otherwise be provided in regard to specific services on the site in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out, of these terms of service, the website and/or the service (including your visit to or use of the site and/or the service) shall be arbitration under the rules of the Dubai International Arbitration Centre  (the “Rules”). The language of the Arbitration shall be English and the seat of Arbitration shall be Dubai. The number of Arbitrators shall be one (1) appointed in accordance with the Rules., The Parties agree that where either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive, precautionary or other appropriate relief may be sought in addition to arbitration.

30. INDEMNIFICATION

You agree to release, indemnify, and defend Samadhi Center LLC and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “Samadhi Center LLC ”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

31. LIMITATION OF LIABILITY

By Agreeing to this Agreement, enrolling online, and/or attending classes, events, activities, and other programs of Samadhi Center LLC (“samadhi”), By using the Services, you hereby acknowledge and agree on behalf of yourself, your heirs, personal representatives and/or assigns (collectively, “You” and/or “Yourself”), that (A) there are certain inherent risks and dangers in the strenuous nature of the Samadhi’s yoga & heated yoga classes; (B) You have voluntarily chosen to participate in the yoga & heated yoga classes; (C) You understand that Samadhi strongly recommends that you consult with a licensed physician prior to commencing any classes; (D) You have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences Including, but not limited to:  abnormal blood pressure, fainting, heart attack or death; and (E) You assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages the Samadhi Center LLC, its instructors, members and employees for any injury, harm or loss you may suffer, Including death, as a result of participation in Samadhi’s yoga classes, heated yoga classes , sauna bath (sauna room), Ice bath or  any activities in the Samadhi Center LLC premises.

If you are enrolling a minor (an individual who is not the age of majority in their jurisdiction of residence), the above release applies equally to said minor.  No one under 16 years of age may participate. A minor 16-18 years of age may participate only with a parent or legal guardian.

We are providing the services, including the site and mobile apps, on an “as is” and “as available” basis, without warranty of any kind, express or implied. without limiting the foregoing, Samadhi Center LLC expressly disclaim any and all warranties and conditions of merchantability, title, accuracy, completeness, uninterrupted or error-free service, fitness for a particular purpose, quite enjoyment, non-infringement, and any warranties arising out of course of dealing or trade usage.

We make no promises with respect to, and expressly disclaim all liability for: (1) products, services, information, programming, and/or anything else provided by a third party that is accessible to you through the services; or (2) the quality or conduct of any third party you encounter in connection with your use of the services.

You agree that to the maximum extent permitted by law, Samadhi Center LLC will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that, to the maximum extent permitted by law, Samadhi Center LLC will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if foreseeable) arising out of or in any way connected with your use of, or inability to use, the services.

Some jurisdictions do not allow limitations on implied warranties or exclusions of liability for certain types of damages. as a result, the above limitations and exclusions may not apply to you in whole or in part.

32. PANDEMIC LIMITATION OF LIABILITY

Samadhi takes the COVID-19 and any other pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, Samadhi cannot guarantee that you, your family, or your guests will not become infected with COVID-19 or other infectious diseases. It is possible that attending classes, events and activities at Samadhi may place you in close physical contact with other members, attendees and staff and could increase the risk that you, your family members, and/or your guests contact COVID-19 or other diseases. You acknowledge the contagious nature of COVID-19 and other contagious diseases and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 or other disease at Samadhi Studio and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 or other disease at Samadhi may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, Samadhi employees, members, and attendees.

By agreeing to these Terms, enrolling online, and/or attending classes, events, activities, and other programs of Samadhi, whether in a Samadhi facility or using Samadhi equipment, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks related to COVID-19 and other diseases, and accept sole responsibility for any COVID-19-related injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members in connection with attendance at Samadhi (“Claims”); and (b) covenant not to sue, Samadhi, its instructors, clients, and employees, from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of  Samadhi, its instructors, members, and employees, whether a COVID-19 infection occurs before, during, or after attending Samadhi studio facilities or participating in any Samadhi Yoga Classes.

33. SEVERABILITY AND WAIVER

A failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.

34. NOTIFICATIONS

We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. Samadhi is not responsible for any automatic filtering that you or your network provider may apply to such notifications.

35. INTERPRETATION

In construing or interpreting the Terms of Service, headings are for convenience only, and not to be considered. 

36. CONTACTING US

If you have any questions about the Terms of Service in relation to the Services, the Site, or App(s), please contact us at: info@samadhi-wellness.com