TERMS AND CONDITIONS
IMPORTANT NOTICE – ARBITRATION AND CLASS ACTION WAIVER
THESE TERMS AND CONDITIONS INCLUDE A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU AND SWEAT WELLNESS GROUP LLC AGREE TO RESOLVE ALL DISPUTES EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
1. Acceptance of Terms
These Terms and Conditions ("Terms") are a binding agreement between you ("you," "your," or "Member") and Sweat Wellness Group LLC (DBA Sweat 408 Studio) (the "Studio," "we," "us," or "our"). These Terms govern your access to and participation in all Studio services, including use of our website www.sweat408studio.com, participation in group fitness, yoga, Pilates, and wellness sessions (including infrared heat and red light services) offered by the Studio whether in-person or online (collectively, the "Activities"), and your use of the Mariana Tek booking platform (the "App").
By clicking "I Agree," "Accept," "Book Now," "Purchase," or any similar button, or by otherwise accessing or using the Studio Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and the Studio's Privacy Policy, which is incorporated by reference.
If you do not agree to these Terms, you must not access or use the Studio Services.
2. Changes to Terms
The Studio may revise or update these Terms at any time in its sole discretion. All changes are effective immediately upon posting and apply to all subsequent access and use of the Studio Services.
Any changes to the dispute resolution or arbitration provisions will not apply to disputes for which the parties have actual notice before the effective date of the revised Terms. Your continued use of the Studio Services following the posting of revised Terms constitutes your acceptance of those changes.
3. Eligibility
The Studio Services are not directed to anyone under the age of sixteen (16). By accessing or using the Studio Services, you represent and warrant that you are:
• At least eighteen (18) years of age or the age of majority in your place of residence; or
• Sixteen (16) or seventeen (17) years of age, accessing the Studio Services under the supervision and with the consent of a parent or legal guardian who has reviewed and agrees to be bound by these Terms on your behalf.
If you do not meet these requirements, you must not access or use the Studio Services.
4. Booking Platform – Mariana Tek
Certain features of the Studio Services — including scheduling, booking, account registration, payment processing, and related administrative functions — are provided through the Mariana Tek platform operated by Mariana Tek. You must use the Mariana Tek app or website to register, book sessions, manage your account, make payments, and receive communications from the Studio.
Your use of the Mariana Tek platform is subject to Mariana Tek's own terms and privacy policy. By using any portion of the Studio Services that relies on Mariana Tek, you acknowledge and agree that:
You are creating or maintaining an account on a platform operated and controlled by Mariana Tek.
The Studio does not control and is not responsible for the operation, security, functionality, or content of the Mariana Tek platform.
The Studio is not liable for any interruptions, technical issues, or data handling practices arising from your use of Mariana Tek.
Any personal or transactional information you provide through Mariana Tek in connection with the Studio Services will also be handled in accordance with the Studio's Privacy Policy.
5. Account Registration
To participate in the Studio's classes and services, you must register for an account through the Mariana Tek platform. By creating an account, you agree to provide accurate, current, and complete information and to promptly update such information to maintain its accuracy.
You are responsible for:
Keeping your login credentials confidential and not sharing them with any other person.
All activity that occurs under your account.
Ensuring that all persons who access the Studio Services through your account are aware of and comply with these Terms.
The Studio reserves the right to disable or terminate any account if it determines, in its discretion, that you have violated these Terms or engaged in unauthorized activity.
6. Pricing and Payments
All prices for classes, memberships, sessions, and other Studio Services are set by the Studio and are available on the Website and the App. Prices are subject to change at any time at the Studio's discretion.
Payments are processed securely through the Mariana Tek platform or other authorized payment processors. By purchasing any Studio Services, you authorize the Studio and its third-party payment processors to charge the payment method you provide for all applicable fees, including recurring charges for memberships.
The Studio is not responsible for any delay or failure in processing payments resulting from incomplete or inaccurate information provided by you.
7. Cancellations and Refunds
Class Cancellations
You may cancel a reserved class up to 12 hours before the start time with no penalty. Cancellations made within 12 hours of class start will result in the loss of class credit or a $20 late cancellation fee for unlimited members. No-shows will result in a $25 fee or forfeiture of class credit.
Waitlists: If you join a waitlist and are moved into class within the cancellation window, the late-cancel and no-show policies may still apply unless you cancel immediately through the App or Website.
Wellness Services (Red Light & Infrared Heat)
For red light and infrared heat sessions, cancellations or reschedules must be made at least 24 hours in advance. Cancellations within 24 hours or missed appointments will result in forfeiture of the session credit.
Studio-Initiated Cancellations
In the event the Studio must cancel a class, session, or event due to instructor illness, low enrollment, or unforeseen circumstances, affected members will receive a full credit or refund at the Studio's discretion.
How to Cancel
All cancellations must be made through the Mariana Tek app, the Studio website, or by emailing hello@sweat408studio.com with your full name, booking details, and the subject line "Cancellation Request." Cancellations via text, phone message, or social media will not be accepted.
Refunds
When applicable, refunds are processed within 10 business days to your original payment method. The Studio does not issue refunds for unused memberships, classes, or sessions outside of the terms listed above.
8. Suspension and Termination
The Studio reserves the right, at its sole discretion, to suspend or terminate your access to any or all Studio Services at any time, with or without notice, for conduct that violates these Terms, any applicable law, or is otherwise harmful to the Studio, its instructors, members, or third parties.
You may terminate your account at any time by contacting the Studio. Upon termination, you remain responsible for all outstanding payments and fees incurred before the effective date of termination.
9. Photo and Media Release
By participating in any Studio Services, you grant Sweat Wellness Group LLC (DBA Sweat 408 Studio) the right to photograph, record, or otherwise capture your likeness, voice, image, or performance during classes, sessions, or Studio events (collectively, "Media"). You acknowledge and agree that the Studio may use such Media for lawful purposes, including marketing, advertising, or promotional materials, in any format now known or later developed, without further authorization or compensation.
If you prefer not to be photographed or recorded, you must notify the Studio in writing before participating in any Studio Services. For members under eighteen (18), the Studio requires prior written consent from a parent or legal guardian before capturing or using any Media.
The Studio retains full ownership and control of all Media it captures.
10. Intellectual Property Rights
All content, materials, and features available through the Studio Services — including text, graphics, images, video, audio, logos, software, and the overall design — are owned by Sweat Wellness Group LLC, its licensors, or other authorized content providers and are protected by applicable intellectual property laws.
You may use the Studio Services solely for your personal, noncommercial use. You must not reproduce, distribute, modify, publicly display, republish, or transmit any materials made available through the Studio Services without the Studio's express written consent.
To request permission for any use beyond what is expressly authorized in these Terms, contact the Studio at hello@sweat408studio.com.
11. Compliance with Studio Rules
By participating in any Studio Services, you agree to observe and comply with all rules, policies, safety requirements, and directions established by Sweat Wellness Group LLC (DBA Sweat 408 Studio) and any facility or platform where Studio Services are provided (collectively, the "Studio Rules").
Late Arrival: For safety and class flow, members arriving more than five (5) minutes after the scheduled class start time may be denied entry and may forfeit the class credit.
Conduct and Right to Refuse Service: The Studio may refuse service, remove participants, or suspend or terminate memberships for behavior that is unsafe, disruptive, abusive, discriminatory, harassing, or otherwise violates Studio Rules or these Terms.
Grip Socks and Attire: For safety and hygiene, the Studio may require grip socks or specific attire for certain classes. If required, this will be communicated in the class description or at the Studio.
Studio Rules may be updated from time to time, and you agree to review and comply with all current rules. The Studio reserves the right to suspend or terminate access for any violation of Studio Rules or these Terms.
12. Prohibited Uses
You may use the Studio Services only for lawful purposes and in accordance with these Terms. You agree not to:
Violate any applicable federal, state, local, or international law or regulation.
Exploit or harm minors in any way, including by exposing them to inappropriate content.
Impersonate the Studio, a Studio employee, another member, or any other person or entity.
Introduce viruses, malware, or other harmful code into the Studio Services or related systems.
Attempt to gain unauthorized access to any part of the Studio Services, servers, or databases.
Collect or attempt to collect personal information from other members or employees without authorization.
Record, photograph, or capture images or audio of any class, member, or instructor without prior written consent.
Use any automated process, robot, spider, or scraper to monitor or collect data from the Studio Services.
13. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE STUDIO AND ITS AFFILIATES, INSTRUCTORS, EMPLOYEES, AND SERVICE PROVIDERS PROVIDE THE STUDIO SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
14. Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SWEAT WELLNESS GROUP LLC AND ITS AFFILIATES, INSTRUCTORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY EXCEED THE LESSER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO THE STUDIO FOR THE APPLICABLE SERVICE OR ACTIVITY IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
This limitation applies to all damages of any kind, including direct, indirect, incidental, consequential, special, or punitive damages. This limitation does not apply to liability resulting from the Studio's gross negligence or willful misconduct, or to death or bodily injury directly caused by the Studio's negligence.
No Medical Advice; Wellness Services: The Studio provides fitness and general wellness services only. Nothing provided by the Studio constitutes medical advice, diagnosis, or treatment. Red light and infrared heat services are intended for general wellness and relaxation purposes only and are not medical treatments. The Studio does not diagnose, treat, cure, or prevent any disease. You are responsible for consulting a qualified healthcare professional before participating.
15. Indemnification
You agree to defend, indemnify, and hold harmless Sweat Wellness Group LLC (DBA Sweat 408 Studio), its affiliates, licensors, service providers, officers, directors, employees, contractors, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Studio Services.
16. Release, Waiver of Liability, and Assumption of Risk
By registering for, accessing, or participating in any of the Studio's group fitness, yoga, Pilates, infrared heat, red light, or other wellness sessions (collectively, the "Activities"), you acknowledge and agree to the following:
Participation in the Activities involves inherent risks, including but not limited to personal injury, illness, strain, abnormal blood pressure, heart attack, property damage, or death. These risks may result from your own actions or omissions, the actions of others, the condition of the facilities or equipment, or the negligence of the Studio or its instructors, employees, or agents.
Personal Property: The Studio is not responsible for any personal property that is lost, stolen, or damaged while on the premises or during participation in the Activities. Please keep valuables with you or leave them at home.
Infrared heat services carry additional risks including but not limited to dehydration, dizziness, overheating, and cardiovascular stress. Red light services may carry risks including but not limited to photosensitivity reactions. You represent that you have consulted with a physician prior to participating in any such wellness services.
By participating in the Activities, you voluntarily and knowingly assume all risks, known and unknown, inherent or otherwise, arising out of or related to your participation.
To the fullest extent permitted by law, you release, waive, discharge, and hold harmless Sweat Wellness Group LLC (DBA Sweat 408 Studio), its owners, affiliates, instructors, employees, contractors, agents, successors, and assigns from any and all claims, demands, causes of action, damages, or liabilities, whether known or unknown, arising out of or related to your participation in the Activities.
California Civil Code §1542 Waiver
You expressly waive the provisions of California Civil Code §1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Medical Authorization
You represent that you are physically fit to participate safely in the Activities and have no medical condition that would prevent your participation. You are solely responsible for consulting your physician prior to engaging in any Activities. In the event of injury or medical emergency during participation, you authorize the Studio to obtain or provide emergency medical treatment as deemed necessary and agree to be financially responsible for any associated costs.
17. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the Federal Arbitration Act and the laws of the State of California, without regard to conflict of law principles. To the extent any dispute is determined not to be subject to arbitration, the parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California.
18. Dispute Resolution and Arbitration
Good-Faith Resolution
In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the parties shall first attempt in good faith to resolve the matter informally. Either party may initiate this process by providing written notice describing the dispute in reasonable detail. The parties shall meet and confer within thirty (30) days of receipt of such notice. If the dispute is not resolved within that period, either party may proceed to arbitration.
Agreement to Arbitrate
Except as expressly provided in this Agreement, any unresolved dispute shall be finally and exclusively resolved by binding arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted by a single neutral arbitrator in Santa Clara County, California, unless the parties agree otherwise in writing.
Individual Arbitration; No Class Proceedings
Each party agrees that all disputes shall be resolved on an individual basis. Neither party shall bring, participate in, or maintain any class, collective, consolidated, private attorney general, or representative action or proceeding against the other, whether in arbitration or in court.
CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT ALL DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO HAVE A DISPUTE HEARD AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
19. Waiver and Severability
No waiver by the Studio of any term or condition in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
20. Entire Agreement
These Terms and Conditions, together with the Studio's Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and Sweat Wellness Group LLC (DBA Sweat 408 Studio) regarding the Studio Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.
21. Contact Information
This website and studio are operated by:
Sweat Wellness Group LLC
DBA Sweat 408 Studio
2034 Lincoln Ave, San Jose, CA 95125
hello@sweat408studio.com
www.sweat408studio.com
All feedback, comments, requests for technical support, and general inquiries regarding the Studio Services should be sent to hello@sweat408studio.com.