General Terms & Privacy Policy

EMPWR MVMNT | 6730 E McDowell Rd #137 Scottsdale AZ US 85257 | 2948 E Bell Rd #110 Phoenix AZ US 85032

Please Read These Terms & Conditions (“Terms”, “Terms & Conditions”) Carefully, As They Include Important Information Regarding Your Rights, Remedies, And Commitments Before Using The Empwrmvmnt.Com Or Empwrmvmnt.Punchpass.Com Website, Mobile Application (Together, Or Individually, The “Service”), Or Participate In Yoga Class Services Operated By EMPWR MVMNT, LLC (“Us”, “We”, Or “Our”).Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, you should stop using our website immediately, and ensure the front desk is notified of your specific objections to any of the contents herein. If you do not notify us of any objections to any of the terms in this document, you accept and agree to the contents contained herein.

We are a company registered in Arizona and provide Yoga Classes for our customers in the surrounding Phoenix area.

1. General Use Provisions

All materials provided on the website including information, text, graphics, documents, logos, trademarks, sounds, images, multimedia content, audiovisual content and/or any other materials you may see or read with the Service and all related software code (collectively, the “Materials”) are provided either by EMPWR MVMNT or by its respective third party licensors or agents (“Third Party Providers”) and are the property or copyrighted work of EMPWR MVMNT and/or its respective Third Party Providers. All Rights Reserved.

This agreement applies between you, the user of the website, and EMPWR MVMNT, LLC, the owner of the website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of our website. No part of the Service is intended to constitute a contractual offer capable of acceptance. Your order for EMPWR MVMNT yoga products or services shall constitute a contractual offer and our acceptance of that offer is deemed to occur upon our providing you confirmation or receipt that your order has been fulfilled. Only if you comply with these terms and conditions and any modifications hereto as permitted below, we grant you a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use our website.

Use of our Website Services:
1.1 You agree to use the website for lawful purposes only and in a way that does not infringe the rights of, restrict or inhibit any person’s use and enjoyment of our website and in compliance at all times with these terms and conditions and with all prevailing laws and regulations.
1.2 In accessing the website, you agree that you will only access its contents for your own personal and non-commercial use and not for any commercial or other purposes, including the advertising or selling of any goods or services. You also agree not to adapt, alter, or create a derivative work from any content on our Services except for your own personal, non-commercial use. You will need our prior written consent prior to any use of our content.
1.3 You will not use automated means, including spiders, robots, crawlers, data mining tools, or similar data gathering methods to download data from the website or otherwise access. You further agree to comply with all applicable laws, rules and regulations governing your use of the website and access of the Materials.
1.4 The creators, owners and distributors of the Service are not responsible for any injuries you may experience because of your use of the Website, Products, Material or Services. By remaining on the Website and/or accessing and/or use of any material, you are accepting that you have read, understood, and agreed to follow these basic instructions. You agree to participate at your own risk.

2. Health Warranty and Liability Terms

2.1 We strive to create a safe and innovative environment by using physical exercise as our backdrop for lifelong training and health.
2.2 While we will make every effort to keep content on the Site current, we do not guarantee it is the most up to date information available. For up-to-the-minute information on class changes, contact information and any other information regarding EMPWR MVMNT, its operations, programs, and offers, please contact EMPWR MVMNT.
2.3 You acknowledge that participation in physical exercise and yoga instructional classes naturally involves the risk of injury. You further acknowledge that specific risks include injuries resulting from overexertion, physical adjustment, improper or negligent use of recommended equipment (e.g., blocks, props and/or straps), failure to follow trainer instructions, or injuries resulting from participation in an inappropriate level of physical exercise. As such, you understand and voluntarily accept these risks and agree that you are solely responsible for selecting classes and activities that are appropriate for your skill and ability level.
2.4 You acknowledge that yoga includes physical movements as well as an opportunity for relaxation, stress reduction, and relief of muscular tension. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be eliminated. You further acknowledge that you experience any pain or discomfort, you will listen to your body, discontinue the activity, and ask for support from the instructor.
2.5 You acknowledge and agree to assume full responsibility for any and all damages, which may incur through participation. Yoga is not a substitute for medical attention, examination, diagnosis, or treatment. Yoga is not recommended and is not safe under certain medical conditions. By reading and agreeing to these terms, you affirm that a licensed physician has verified you in good health and physical condition to participate in such a fitness program.
2.6 If you are pregnant, become pregnant or are post-natal or post-surgical, you acknowledge and agree that you have received your physician’s approval to participate. You further acknowledge and agree that to practice yoga and participation in classes is at your own risk.
2.7 Instructors and classes are subject to change. If a class or Workshop you particularly want is sold out, please sign up for the waiting list. Waitlist students will be provided an opportunity to secure an open spot if/when one occurs.
2.8 Our yoga room is HEATED – Your attendance in such classes signifies you understand this and further represents you have no medical conditions that would put you at risk by entering such an environment and practicing strenuous yoga.
2.9 You acknowledge and agree that you are signing this agreement voluntarily and recognize that your signature serves as complete and unconditional release of all liability to the greatest extent allowed by law in the State of Arizona.

3. Third Party Sites and Links:

3.1 The Website may contain links to web sites controlled or services that are not owned or controlled by EMPWR MVMNT, LLC. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web site(s) or service(s). We do not warrant the offerings of any of these entities/individuals or their websites.
3.2 You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

4. Accounts

4.1 Before you make any purchases or subscribe to any programs on the Website, you must first establish a customer account (hereinafter referred to as “Account”), through our booking and scheduling platform, Punchpass.
4.2 When you create an Account with us, you guarantee that you are above the age of 18, and that you are providing us with accurate, current, and complete information about yourself and your billing information as prompted by the registration process.
4.3 You shall be responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify us immediately of any unauthorized use of your Account or password, or any other breach of security. You may not use anyone else’s password or Account at any time.
4.4 We reserve the right to refuse service, terminate accounts, remove, or edit content in our sole discretion.

5. Communications
By creating an Account for our service, you agree and consent to:
5.1 Receive electronic communications from us when you communicate with us electronically, via email or otherwise or when you set up an Account with us. You agree that all communications (including, but not limited to all notices, agreements, and disclosures) that we provide to you electronically shall satisfy any legal requirement that such communication be in writing.
5.2 Subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

6. Refunds and Cancellations of Classes, Workshops, or other Services

6.1 When you are purchasing a single class “drop in”, class pack, or Membership, you are paying for a Class and not an instructor. Instructors are subject to change without notice.
6.2 Class Packs for our Classes are sold in such combinations as we may introduce from time to time. We do not allow the transfer of sessions to any other person or permit them to be used by anyone else without prior written consent. Any assignment, transfer, or disposal of drop in passes or class packs are at our sole discretion and may only be permitted in exceptional circumstances.
6.3 Classes, Workshops, and all other Service fees are non-refundable.
6.4 All individual drop-in and multi-class packs will expire at the end of each corresponding 30 day period.
6.5 Classes, Workshops, and other Service fees may be increased by us at any time.

Cancellation policy:
6.6 Pre-reserved classes must be cancelled 1-hour or more prior to the class start time.
6.7 For customers who purchased a Drop In or multi-class pack – If you are a No-Show or you cancel your reservation within 1-hour prior to class start time, one class will be deducted from your account.
6.8 We reserve the right, at any time, to change the prices and billing methods for any Products or Services which shall be made effective immediately upon posting on the Website or by e-mail delivery to you. Information displayed on the Website or at our studio as to pricing and availability is subject to change without notice.
6.9 The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase. An administration fee shall be applicable for such refunds.
6.10 You expressly agree to waive any such opportunity to contest a credit card charge we have denied if our denial is consistent with our published policies, with your credit card company.

7. Sales and Payment Terms

7.1 Prior to the purchase of any Products or Services on our Website, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, (v) any activation numbers or codes needed to charge your card and (vi) your billing address to which the card is associated. By submitting the aforesaid information to us or a third party used by us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. Unless otherwise set forth, all sales of products and services are final and all charges from those sales are non-refundable.
7.2 You agree to pay all fees and charges incurred in connection with your purchases of our Products or Services (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify us of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes.

8. Intellectual Property Rights

8.1 The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of EMPWR MVMNT, LLC, and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Unless otherwise stated, we own the intellectual property rights on the Website and Material. All our intellectual property rights are reserved and may not be used in connection with any product or service without the prior written consent of EMPWR MVMNT, LLC.
8.2 We value intellectual property and respect the intellectual property rights of others. We shall remove material on the Website that infringe the copyrights of others or that in our good belief infringes such copyrights.

9. Warranties and Disclaimer

9.1 Information published via our website is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed.
9.2 We do not warrant that any Materials are accurate or free from error and we disclaim all liability and responsibility arising from any reliance placed on any content on our Service by you or by anyone who may be informed of any of the contents of our Service.
9.3 Your use of our Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

10. Indemnification

10.1 You agree to indemnify, defend, and hold us harmless against all claims, demands, losses, liabilities, damages, costs, and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the Website, Products, Services or Materials; (ii) any violation by you of these terms and conditions or your violation of any law, regulation or third-party right.
10.2 You agree that your representations and warranties, and your obligation to indemnify us, shall survive beyond any term that these terms and conditions effect.

11. Privacy Policy

11.1 We take your privacy very seriously. Any personal information supplied by you as part of any registration process and/or other interaction with our Services will be collected, stored and used in accordance with our privacy policy.
11.2 By using our Service, you consent to such collection and processing, and you promise that all data provided by you is accurate.
11.3 While we take reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. in no event shall we be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special, or otherwise) arising out of, or in any way connected with, a third party’s unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether we are given actual or constructive notice that damages were possible.

12. SMS Messaging Terms & Conditions

12.1 When you opt-in to the service, we will send you a message to confirm your signup.
12.2 By opting into SMS messages, you agree to receive recurring automated marketing and informational text messages from EMPWR MVMNT for EMPWR MVMNT. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.
12.3 SMS message frequency varies, and additional mobile messages may be sent periodically based on your interaction with EMPWR MVMNT. EMPWR MVMNT reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. EMPWR MVMNT also reserves the right to change the short code or phone number where messages are sent.
12.4 Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.
12.5 Your consent to receive marketing SMS messages is not a condition of purchase.
12.6 Carriers are not liable for delayed or undelivered messages.
12.7 You can cancel any time by texting “STOP”. After you send the SMS message “STOP”, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from EMPWR MVMNT again, just sign up as you did the first time and EMPWR MVMNT will start sending messages to you again.
12.8 Text “HELP” at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at rachel@empwrmvmnt.com.
12.9 You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at rachel@empwrmvmnt.com. The duty to inform us based on the above events is a condition of using this service to receive messages.
12.10 If you have any questions about your data or our privacy practices, please visit Section 11. Privacy Policy.
12.11 We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.

13. General Terms

13.1 The website may include inaccuracies or typographical errors.
13.2 The section headings are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.
13.3 As used in this Agreement, the word “including” means “including but not limited to.”
13.4 No joint venture, partnership, employment, or agency relationship exists between you and EMPWR MVMNT, LLC as result of this Agreement or with use of the Service.
13.5 No alteration, amendment, or modification of any of the provisions of this Agreement shall be binding unless made in writing with express reference to this Agreement and signed by a duly authorized representative of each party.
13.6 The failure of EMPWR MVMNT, LLC to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EMPWR MVMNT, LLC in writing.
13.7 If any of the provisions of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and remaining provisions will remain in full force and effect.
13.8 EMPWR MVMNT, LLC shall not be liable for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including acts or omissions of government or military authority, acts of God, shortages of materials, transportation delays, earthquakes, fires, floods, labor disturbances, riots, or war. This Agreement will be governed by Arizona law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree that the Service shall be deemed solely based in Arizona.
13.9 This Agreement represents the entire understanding relating to the use of the Service and prevails over any prior or contemporaneous, conflicting, or additional communications, including statements on the site.
13.10 EMPWR MVMNT, LLC has the right to assign or transfer this Agreement to a third party which acquires substantially all the assets or equity of EMPWR MVMNT, LLC connected with the Service. You may not assign or otherwise transfer in whole or in part or in any manner any rights, obligations, or any interest in or under this Agreement without EMPWR MVMNT’s prior written consent and any attempted assignment will be void.
13.11 YOU AND EMPWR MVMNT, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, IT BEING THE EXPRESS INTENT OF THE PARTIES TO LIMIT THE TIME PERIOD DURING WHICH A PARTY MAY BRING A CLAIM. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

14. Contact Us

If you have any questions concerning the Service, Website or policies in these terms and conditions, please contact us at rachel@empwrmvmnt.com.