Terms & Conditions

Website owner, the offering, and binding of Terms

This website is owned and operated by Earth Breath Yoga. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors massage therapy, breathwork, yoga, wellness, and alternative healing services as well as content relating to those services. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

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Who can use your website; what are the requirements to create an account

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. If you are under the age of 18 you must have written permission from your parent or guardian to receive services. Appropriate paperwork must be filed per our company policy. If you are under the age of 14 years must have a parent present during any services you receive. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

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Key commercial Terms offered to customers

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products or services displayed at any time, and to correct pricing errors that may inadvertently occur. Products or services may also be subject to sales tax or other charges.

“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged based on your terms of payment to your payment method.

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Nature of Services

By using our website or buying or receiving any services or gift certificates, you agree that: massage therapy is non-sexual in nature, the massage therapist has the right to terminate the session at any time, it is your responsibility to inform the therapist if you are uncomfortable or need the pressure adjusted, massage therapist and Earth Breath Yoga  will not be liable for any pain you experience during or after your session, you have informed the therapist of all known allergies, medical conditions, and injuries, and given a full medical history including contraindications, you have a doctors note to receive massage therapy if it is medically necessary for you to have one, you have provided us with accurate information, the massage therapist is unable to treat or diagnose, you agree to inform the therapist and Earth Breath Yoga of any changes to your medical condition; the therapist and Earth Breath Yoga shall not be held liable should you forget to do so, by using this website and booking and receiving services, you hereby waive and release the therapist(s) and Earth Breath Yoga from any and all liability past, present, and future, relating to any services provided by Earth Breath Yoga and its employees and representatives. 

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Cancellation and No-Show Policy

If you need to cancel an appointment, you may do so online or by emailing us directly at hello@earthbreathyoga.com, or calling us at 970-420-8422. If we are unavailable, please leave us a detailed message. You must cancel your appointment or reservation 24 hours in advance for massage and breathwork, and 4 hours in advance for yoga. If you give less than 24 hours' notice, we reserve the right to charge your card on file the full amount of the service cost. If your card is not on file with us as this was your first appointment, then you will be required to pay the amount in full before booking another service. If you no-show three times in a calendar year, we reserve the right to refuse you as a client. 

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Return and refund policy

For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following services are not eligible for return or refund: drop-in yoga class, all yoga class packages, all massage packages, all massage memberships, gift certificates, single massage sessions. All sales on services are final.

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Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

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Warranties & responsibility for services and products

When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

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Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Earth Breath Yoga. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

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Indemnification

You agree to indemnify and hold Earth Breath Yoga harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

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Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Earth Breath Yoga or any of its employees or representatives, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the services or products.

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To the maximum extent permitted by applicable law, Earth Breath Yoga assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our services or products; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

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Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the services we provide.

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Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time at hello@earthbreathyoga.com. You may also opt-out through the unsubscribe button in our emails, or text back STOP to stop receiving promotional content via text. 

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Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of The United States / Oregon, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Beaverton, Oregon. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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Customer support details & contact info

Contact us with questions any time at hello@earthbreathyoga.com, or through our Contact page.

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Provisions recommended for websites with user communities

Earth Breath Yoga offers its users the ability to be a part of a user community. All users that join our community have a public profile that is publicly visible to site visitors. Your public activity (such as posts or comments) will be visible to other visitors of the website. You can always opt out and exit the community, and upon doing so, your user profile will not be publicly visible. Naturally, in such event, you will not be able to use the community features (e.g. liking, commenting or writing posts).18

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