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PAST EVENTS

We acknowledge that Modern ŌM is located on the ancestral lands of the Tequesta people. We honor elders past and present & those who have stewarded this land throughout the generations.

WORK WITH US

Previous & Current Clients:

TERMS AND CONDITIONS

Welcome, and thank you for your participation in the services (collectively, our “Services”) offered by Modern OM, LLC, a Delaware Benefit Company, (“Modern ŌM,” “we,” “our,” and/or “us”). These Terms and Conditions are a legally binding contract between you and Modern ŌM regarding your use of the Services.PLEASE READ THE FOLLOWING TERMS CAREFULLY.BY PURCHASING A TICKET OR CLICKING “SIGN UP,” OR OTHERWISE ACCESSING OUR SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MODERN ŌM PRIVACY POLICY (TOGETHER, THESE “TERMS”).Arbitration Notice
Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND OPEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 17.)MODERN ŌM SERVICES OVERVIEW Modern ŌM provides live in-person and online, meditation, yoga, movement, breathwork, social, and other events.Event Cancellations, Refunds, and Credits
All events are held “Rain or Shine”. In the case that the date and/or time of an event is changed by us, we will honor your ticket at the rescheduled event. Tickets for Events are non-refundable except strictly by these conditions:1. If the event is canceled by us and we do not reschedule the event you will receive a refund of the ticket price you paid to the payment method you used.
2. If, for any reason, you will not attend an event for which you have purchased a ticket, you can receive a credit toward a future ticket if you inform us 24+ hours prior to the event.
3. If you do not give us at least 24 hours notice and/or simply do not attend, no credit will be issued.This policy applies to single day and multi-day events.Membership Access, Cancellation and Credit
All Memberships are managed via the platform Rex and can be modified or canceled directly by the member.1. There are 2 tiers of paid membership (Social, ŌMie) and 1 free tier (Friend).
2. If you wish to cancel your membership within the first 3 days of a billing cycle, email hello@clubmodernom.com and we will cancel your membership and offer you a credit for the value of your monthly fee.
3. There are no cash refunds for membership fees.Assumption of Risk, Waiver and Release
By signing up for and/or attending classes, events, activities, programs (collectively “Program(s)”) during any Modern ŌM Event, Breathwork, Workshop, Master Class, Meditation, or Social Gathering, whether as a participant or observer, and using the premises, facilities and equipment of Modern LLC and/or the event venue owner, you acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns the following:1. The Events may require physical exertion, which may be strenuous and may cause physical injury, and you are fully aware of the risks and hazards involved in participating in any Event and assume full responsibility for any and all injuries or damages, which are sustained or aggravated by you in relation to the Event;
2. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated;
3. You will progress at your own pace. If you experience any pain or discomfort, overexertion or fatigue, you will respect your body’s limitations and you will take a break before continuing with the Event;
4. You have no medical or physical condition that would prevent you from full participation in the Event and/or using any of the facilities or equipment that may be provided as part of an Event;
5. You do not have any physical or mental condition that would put you in any physical or medical danger and have not been instructed by a physician to not participate in the Event you have joined;
6. If you have any chronic disabilities or conditions, you are at risk to participate in any Event and should not be participating in any Event;
7. You knowingly and voluntarily release, indemnify, hold harmless and covenant not to sue Modern ŌM LLC (and their respective teachers facilitating any Event), their respective parent corporations and any affiliate entities, their respective officers, directors, employees, agents, or volunteers for any damages or bodily injury arising out of or in any way related to your participation in the Event;
8. You have been urged to avoid bringing valuables to the Event Venue and that neither Modern ŌM LLC nor the venue shall be liable for the loss of, or damage to your personal property;
9. You agree to abide by any etiquette guidelines provided by Modern ŌM LLC and any teachers facilitating any Event and understand that you may be removed from an Event for acting in an inappropriate or unsafe manner.You have read this Assumption of Risk, Waiver and Release and fully understand its terms, and further acknowledge that you are giving up substantial rights, including your right to sue Modern ŌM LLC.Notice of Filming and Photography
When you enter a Modern ŌM LLC Event or Program, you enter an area where photography, audio, and video recording may occur. By entering the Event premises, you consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by Modern ŌM LLC and its affiliates and representatives. Images, photos and/or videos may be used to promote similar Modern ŌM LLC Events in the future, highlight the event and exhibit the capabilities of Modern ŌM, and/or promote other Modern ŌM products.You release Modern ŌM LLC, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or or sound recordings.By entering the Event premises, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by Modern ŌM LLC or the person or entity designated to do so by Modern ŌM.You have been fully informed of your consent, waiver of liability, and release before entering the Event.

MODERN ŌM PRIVACY POLICY

Modern OM, LLC, a Delaware Benefit Company, (“Modern ŌM,” “we,” “our,” and/or “us”) values the privacy of individuals who use our websites (including www.clubmodernom.com, club.modernom.co) or services that link to this Privacy Policy (collectively, our “Services”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share Personal Information from users of our Services (“Users”). By using our Services, you understand that we will collect, use, and disclose your personal information as described in this Privacy Policy. Beyond the Privacy Policy, your use of our Services is also subject to our Terms of Service.I. Information We CollectWe may collect a variety of information from or about you from various sources, as described below. In this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable individual.1. Information You Provide to Us.Registration and Profile Information. If you sign up for an account, register to use our Services, or sign up for notifications or updates, we ask you for your [phone number and email address].Communications with Us. If you contact us directly, we may receive additional Personal Information about you. For example, when you contact us for customer support, we may receive your name, email address, the contents of a message or attachments that you may send to us, and other Personal Information you choose to provide. If you subscribe to our newsletter, we will collect certain Personal Information from you, such as your [email address]. When we send you emails, we may [track whether you open them to learn how to deliver a better customer experience and improve our Services].Payment Information. If you make a purchase through our Services to book an online class, your payment-related information, such as your credit card information, billing information, and any other financial information necessary to complete your purchase (“Payment Information”) is processed by our third-party payment processor, and we do not collect, store, or process your Payment Information. For more information, please see the “Payment Processing” section below.- Information We Collect When You Use Our Services.Information from Cookies and Similar Technologies. We and our third-party partners collect information using cookies, pixel tags, or similar technologies. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. We may use both session cookies (which are deleted from your device after you leave the website) and persistent cookies (which remain on your device for longer or until you delete it manually). A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Services.C. Information We Receive from Third Parties.Information from Third-Party Services. If you choose to link our Services to a third-party account, we may receive Personal Information about you, including your profile information and your photo. If you wish to limit the Personal Information available to us, you should visit the privacy settings of your third-party accounts to learn about your options. If we combine or associate information from other sources with Personal Information that we collect through the Services, we will treat the combined information as Personal Information in accordance with this Privacy Policy.Payment Processing. When you make a purchase through our Services, your payment is processed by a third-party payment processor such as [Stripe] (“Payment Processor”). This Payment Processor may collect Personal Information from you, including your [name, email address, billing address] and Payment Information in connection with your purchase. The use of your Personal Information by our Payment Processor is governed by its terms and conditions and privacy policy, and Personal Information we receive about you from our Payment Processor is governed by this Privacy Policy.II. How We Use the Information We CollectWe use the Personal Information we collect for the following purposes:- Communicating with you. We may use your email address or other Personal Information we collect on the Services as necessary to contact you for administrative purposes such as to provide services and information that you request, respond to comments and questions, and otherwise provide customer support. If you share your phone number with us, we may use it to send you text messages, including account notifications, if you choose to receive such messages.
- Providing the Services and personalizing your experience. We may use your Personal Information to provide and maintain the Services, including to allow you to book online classes and sessions, facilitate transactions and payments. When doing so, we may use your Personal Information to personalize your experience on our Services such as by providing tailored content and recommendations.
- Marketing. We may use your email address and other Personal Information to send marketing communications related to our Services. Generally, you have the ability to opt out of receiving any promotional communications as described below under “Your Rights and Choices.” Where required under applicable law, we will only send you promotional emails with your opt-in consent.
- Advertising. We may use your usage information and other Personal Information to develop and provide you with promotional and advertising materials that may be relevant, valuable, or otherwise of interest to you.
- Other Purposes. For other purposes for which we provide specific notice at the time the Personal Information is collected.## Use of CookiesWhere required by applicable law, we obtain your consent to use cookies. You can find more information about your rights and choices, and how to block the use of certain cookies in the section Your Rights and Choices below.## Our Use of European Personal InformationIf you are located in the European Economic Area, we only process your Personal Information when we have a valid “legal basis”, including when:- Consent. You have consented to the use of your Personal Information, for example to send you marketing communications or to use cookies and similar technologies.
- Contractual necessity. We need your Personal Information to provide you with the Services, for example to respond to your inquiries.
- Compliance with a legal obligation. We have a legal obligation to use your Personal Information, for example to comply with tax and accounting obligations.
- Legitimate interests. We or a third party have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information for product development and internal analytics purposes, and otherwise to improve the safety, security, and performance of our Services. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.III. How We Share the Information We CollectExcept as described in this Policy, we will not disclose your Personal Information that we collect on the Services to third parties without your consent. We may disclose your Personal Information to third parties if you consent to us doing so, as well as in the following circumstances:- Affiliates. We may share any Personal Information we receive with our affiliates for any of the purposes described in this Privacy Policy.
- Vendors and Service Providers. We may share any Personal Information we receive with vendors and service providers retained in connection with the provision of our Services.
- User Content. You can see, schedule, and attend online classes through our Services. Some of your profile information may be viewable by other users.
- Analytics Partners. We use analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources.- As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your Personal Information may occur if you post any objectionable content on or through the Services.
- Merger, Sale, or Other Asset Transfers. We may transfer your Personal Information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.
- Consent. We may also disclose your Personal Information with your permission.IV. Your Rights and ChoicesMarketing Communications. You can unsubscribe from our promotional emails via the link provided in the emails. Even if you opt-out of receiving promotional messages from us, you will continue to receive administrative messages from us.