Terms of Use
Last updated July, 2021
Welcome to WellFests! These Terms of Use ("Terms") are a contract between you and WellFests LLC. ("WellFests" or "we") and govern your access to and use of any WellFests website, mobile application (such as for iPhone or Android) or content (the "Site") or any fitness, recreational, wellness, or other classes, experiences, activities, events, services, recordings, and/or products made available through WellFests (collectively, "Classes"). Please read these Terms carefully before accessing and/or using the Site and/or Classes.
These terms contain a binding arbitration agreement and class action waiver that require you to arbitrate all disputes you have with WellFests on an individual basis.
Terms of use.
Acceptance of Terms. By accessing and/or using the Site and/or Classes, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Classes.
Amendment of Terms. WellFests may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Classes after such posting constitutes your consent to be bound by the Terms, as amended.
Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. WellFests Privacy Policy is hereby incorporated by reference.
WellFests Platform.
Subscription Plans. To enjoy full access to the Site and services, you need to sign up for a subscription. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one month in length (a "Subscription Cycle"). Your WellFests subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated. For example, if you purchase your WellFests subscription on June 5, your subscription will automatically renew on July 5. We may update the accepted methods from time to times. Your subscription rate is based on the group program you select. If you the right to pause, change, or cancel your subscription at any point. Login or contact us to make any changes to your subscription.
LIVE Virtual Well-Being Breaks. WellFests services provide access to LIVE group classes for workday well-being breaks. Classes are 15-minutes or less and can be done directly from a desk or workstation. No prior experience is necessary to participate. Individual customers, teams, companies, and brands can purchase unlimited registrations into an Open Community Calendar for scheduled Well-Being Breaks, or create Custom Calendars. Contact us for details.
On-Demand Video Access of Virtual Well-Being Breaks. WellFests services provide access to on-demand videos of expert led workday well-being breaks. Videos are 15-minutes or less and can be done directly from a desk or workstation. No prior experience is necessary to participate. Access to these videos can be purchased as a monthly subscription, based on user count. Otherwise, access to these videos is included in your LIVE Virtual Well-Being Break subscription.
Non-Subscription Services. Workshops and services are able for purchase as single products as well as a series. Here is more information on workshops for purchase. For more information on singe Workshop, visit HERE. For more information on a workday well-being break series, visit HERE.
Fees, Billing, and Cancellation. Services purchased as subscriptions will be billed as reoccurring billing. Services purchased as single services must be fulfilled within 1 calendar year of purchase. For more details on billing and cancellation see below.
Reoccurring billing. By initiating a WellFests subscription, you authorize WellFests to charge you for your initial subscription period and a recurring monthly subscription fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. Note that even if you do not use the subscription or access the Site and/or Classes, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.
Subscription Cycle. When you purchase your WellFests subscription, your first Subscription Cycle will be billed immediately. Unless we expressly communicate otherwise, your subscription will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate).
Refunds. Generally, WellFests fees (including the monthly fee for your subscription and any other fees) are nonrefundable unless we specifically communicate otherwise at the time of purchase. However, WellFests will provide a refund to subscribers for their current prepaid subscription period only in the following circumstances: (i) if you are canceling your subscription and request a refund within 7 days of the date of your first payment for your subscription or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any class or other services or products you may have used or received prior to your cancellation and to ask for proof of such changed condition, to the extent permitted by law. WellFests does not provide refunds for any prior months or unused workshops.
Cancellation of Subscription. Unless WellFests communicates otherwise, you may terminate your subscription at any time before your subscription renews by going into your account settings on the WellFests website to cancel. Unless we communicate otherwise, and except for during a Trial, following any cancellation you will continue to have access to your subscription through the end of your current prepaid Subscription Cycle, unless you cancel and receive a refund in which case your access will be terminated immediately. If you cancel your subscription you will lose access to all well-being breaks, content, or features available through the subscription.
WAIVER AND RELEASE.
You understand that WellFests is not a place or recreation, health club, or facility and the classes they provide are operated and delivered VIRTUALLY by PARTNER facilitators. WellFests is not responsible for the quality of class provided by a third party facilitator. You are solely responsible for determining whether the class or well-being break available to you is right for you.
You understand that there are certain inherent risks and dangers in exercising and stretching and that the well-being break you may attend or participate in offer a range of activity and intensity levels. By using WellFests (including but not limited to attending, participating in, or using a class) you acknowledge and agree on behalf of yourself, your heirs, personal representatives, and/or assign that you are aware of these risks with include, but are not limited to, illness, loss and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm.
You acknowledge and agree that it is your responsibility to consult with your physician or health care professional prior to using WellFests (including but not limited to attending, participating in or using a service) and to determine if and how participating is appropriate for you. Do not use WellFests services if your physician or health care provider advises against it. If you experience dizziness, pain, or shortness of breath at any time while stretching or participating in WellFests services, you should stop immediately.
You understand and agree that WellFests site offers mindfulness and movement instructions designed for informational, educational, and entertainment purposes only. You should not rely on any information on or through WellFests Site as a substitute for professional medical advice, treatment, or diagnosis. Do not ever disregard, avoid, or delay obtaining medical or health related advice from your health-care professional. The use of any of the content and information provided on or through WellFests is at your own risk.