for Classes / Sessions / Workshops, Retreats

1. General

These terms and conditions apply to all offers and services provided by Calm Studio, located at Neubaugasse 49 Top 2-3, hereinafter referred to as "Calm Studio."

By using Calm Studio's facilities or its related services, users accept these terms and conditions without reservation in all respects. Calm Studio, based on these conditions and the currently updated schedule, provides the organization and conduct of various classes and mindful movement classes.

2. Usage Rights

a) By purchasing a valid pass (single pass, 5-10 class blocks, a try-out class, or by registering for an event or workshop), customers are authorized to use Calm Studio's premises during the scheduled class times (open hours on the schedule or the workshop period). Customers are allowed to use Calm Studio's facilities for changing and socializing with other visitors up to 10 minutes before and 10 minutes after the end of classes/workshops. Customers are obliged to identify themselves upon request by Calm Studio staff; otherwise, they may be denied access.

b) Customers generally have access to all services offered by Calm Studio. However, there is no legal entitlement to receive these services. For workshops and open movement classes, there are limited participant numbers. If specific personal conditions are required for certain services, customers must meet those conditions. Failure to meet these conditions does not obligate the Calm Studio team to provide the service.

c) Participation in classes, sessions, and workshops is only possible if customers arrive at the studio promptly by the specified start time. Once a class or session has started, for organizational reasons and out of consideration for other participants, no one else will be admitted. There will be no monetary refunds if participants arrive late and are unable to participate due to the delay.

d) Customers must conduct themselves in Calm Studio's premises in a way that does not disrupt the flow of classes/workshops. The studio's equipment should be treated with care, and there should be no disturbance to other participants. Silence should be maintained during class, and any disruptions, especially caused by electronic devices, should be avoided. Customers must adhere to the rules, for the benefit of all participants, and follow the instructions of Calm Studio's staff. In cases of severe violations by a customer, such as physical violence, threats, insults, sexual harassment, theft, poor hygiene, etc., access to Calm Studio may be denied after the first violation, and this may not lead to any refund obligation. To avoid conflicts among participants and maintain a peaceful and orderly course, Calm Studio also reserves the right to refuse (further) service without providing reasons. In this case, any unused passes (e.g., 10-class blocks) should be refunded on a pro-rata basis.

3. Types of Contracts and Conditions

a) Contracts

Customers can choose a membership:

- Membership Classes – €220

Entitles participation in all regular classes (75 minutes) published for one month. This membership is non-transferable and non-refundable. If a customer is unable to attend due to illness, there will be no refund.

- Single Ticket

Class: €25

Session: €35 - €66

(Prices vary by duration and are always viewable online.)

- 5-Class / 10-Class Block Pass

Entitles participation in 5 / 10 classes. There is no credit for unused sessions. The 5/10-class pass is not transferable to other individuals. If a student does not attend the class, and the session expires, it cannot be credited. Students can change to another class by emailing [hello@the-calm-studio.com] 48 hours before the class.

Non-use of Calm Studio's services for reasons within the customer's control, which do not entitle them to terminate the contract, does not entitle the customer to a reduction or refund of their payment.

The mentioned 5-10 class pass cannot be redeemed for cash. All class passes (e.g., 10-class passes) cannot be transferred (exception: purchase of gift vouchers for other individuals).

b) Prices and Payment

All prices are displayed online in the booking system and are inclusive of 20% VAT. Payment must be made immediately when purchasing the respective pass online using the chosen payment method, at the latest before the start of the class. Cash payment is not accepted at Calm Studio.

d) Limited Number of Participants/Schedule Changes

Calm Studio mainly offers open classes, meaning that participation in the visible classes/sessions/workshops is by appointment. Calm Studio's premises have a limited capacity for participants. In the case of a high number of participants, a spot in a specific class cannot be guaranteed. Customers are encouraged to arrive promptly for each session. Participants will be considered in the order of their registration.

Short-notice cancellations for special reasons do not entitle the customer to a price reduction or termination, provided that Calm Studio's schedule is essentially maintained, allowing customers to switch to other open classes. The same applies to changes to a schedule, which are at the sole discretion of Calm Studio.

e) Cancellations for Workshops, Events & Retreats

Workshops, Events & Retreats must be paid in advance through the booking system using the chosen payment method.

Classes (75 minutes)

Contact us at least 48 hours before the class via email, and we can reschedule your spot for the upcoming event. In case of cancellation, no-show, or absence, 100% of the participation fee will be forfeited.

Sessions, Workshops & Retreats (more than 75 minutes)

Contact us at least 10 days in advance via email, and we can reschedule your spot for the upcoming event. In case of cancellation, no-show, or absence, 100% of the participation fee will be forfeited.

(2) In the case of non-attendance or partial attendance of the booked class, there will be no refund of course fees.

This statutory right of withdrawal is not affected by the existence or non-existence of this additional right of withdrawal.

4. Workshops

All workshops have a minimum number of participants. If a workshop needs to be canceled due to too few registrations or for other reasons by Calm Studio, rescheduling for the desired date will be offered.

If participants arrive late for the workshop or do not attend due to health reasons (illness), the registration fee will NOT be refunded, and NO compensation in the form of a different class/circle/workshop will be provided.

Participants can withdraw from the workshop by sending an email to [hello@the-calm-studio.com] at least 10 days before the workshop's start if they do so on time. If they do, they can be rescheduled for their desired date.

5. Memberships Classes

Payment Terms & Termination:

The first payment for your membership is made on the purchase date. Afterward, it is renewed every month.

It is possible to terminate the membership within the notice period.

Otherwise, it will be automatically renewed for one month after the current term expires.

By completing the purchase, you confirm that you are at least 18 years old.

6. Liability

Participation is at your own risk and responsibility. Calm Studio is not responsible for any health damage resulting from improper exercises and exercises conducted therein.

Customers are informed that the premises are locked during class. Calm Studio is not liable for lost personal belongings. Claims for damages of any

kind are excluded.

7. Customer's Health Condition

All customers affirm, upon purchasing a pass, that they are physically healthy, mentally stable, and capable of meeting the relevant physical and mental requirements. They also affirm that they will participate in classes, circles, or workshops only when in such a condition. The participation in movement classes under the influence of drugs, alcohol, or strong medications is not allowed.

The offered services are not considered therapy or healing programs. They do not replace medical care or the prescription of medication. The staff of Calm Studio is entitled, without any obligation to review or liability for their decision, to deny customers the practice of movement classes based on their own assessment of the customer's health.

Customers assure that they do not suffer from any contagious diseases and that there are no medical reasons that prohibit them from participating in the classes/circles/workshops. In case of doubt, they should consult a medical doctor. Chronic illnesses and other physical or mental conditions that could affect or endanger the practice of other participants in their movement should be reported to the teacher before the start of the class. In the case of pregnancy, the customer must obtain a medical clearance before participating or do so at their own risk.

8. Data Protection Provisions

8.1 General: Customer data may be used for the purpose of fulfilling the contract and for our own advertising purposes but will not be shared with third parties.

Customers agree that their data will be stored in the Calm Studio's computer system for a maximum of 10 years after their last visit to the studio. All information will be treated confidentially in accordance with applicable data protection regulations.

By participating in the event, you hereby give your consent to the following:

8.2 Use and Reproduction of Photographs and/or Videos by Calm Studio: Photographs and/or videos created on the day of booking may be used for any purpose by Calm Studio, without compensation to the customer. All digital image and/or video files are the property of Calm Studio, which reserves the right to use these images and/or videos for offline and online publications and promotional purposes.

8.3 Email Addresses for Marketing Emails: Email addresses may be used for marketing emails. (The customer can unsubscribe from marketing emails and newsletters directly in the newsletter.)

8.4 The customer, by booking, waives all claims and releases from liability, including but not limited to liability for negligence or fault of the involved parties, in case of personal inability, personal injuries, death, property damage, theft, or any actions that may occur in the future, including arrival and departure to an event. This waiver applies to the respective teachers and the internal Calm Studio team.

9. Jurisdiction, Applicable Law

Austrian substantive law applies, excluding any reference norms. For all disputes between Calm Studio and customers, the competent court is agreed upon as the exclusive place of jurisdiction.

Effective as of January 2023 © Calm Studio

CALM STUDIO PHOTOSTUDIO ・ BOOKING TERMS

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MAKING A BOOKING + PAYMENTS

• You can secure your booking with Calm Studio through our online booking forms.

• To confirm your booking, we require a valid credit card or PayPal.

• Payment for your booking must be completed in full at the time of reservation or prior to your preferred date. We accept payments through credit cards or Paypal.

• To ensure the smooth execution of your booking, please ensure that all fees are settled on time.

• Additional fees, such as overtime charges or equipment/prop rental fees, will be charged to the credit card you provide.

• For any booking-related inquiries, please reach out to us through our contact form on our website or email us at hello@the-calm-studio.com.

• For hourly bookings or event space reservations, kindly contact us at hello@the-calm-studio.com

ADDITIONAL FEES

Here are some additional fees that may apply and are not included in your initial booking:

• Assistance

• Catering

• Photography

• Overtime or out-of-hours fees

Pricing for studio space and equipment can be found in our booking form.

EARLY ENTRY

All bookings commence at the selected time. If you require extra setup time, please inform our team in advance. Your booking starts at the time you specify when making the reservation.

OVERTIME FEES

All bookings conclude at the time originally scheduled. We provide a 15-minute grace period for setup adjustments. Your booking ends at the time confirmed in your reservation.

Overtime fees commence 15 minutes after your booking's scheduled end time and are billed aliquote per hour. Please be considerate, as there may be subsequent bookings following yours. Ensuring a smooth transition is appreciated.

LATE EXIT FEES

• Please note that all additional studio hire fees are charged at a minimum of one hour.

REPAINT FEE € 150+UST

A repaint fee of € 150 may be applied if the studio is left in an unsatisfactory condition.

This includes:

• Stains from makeup, self-tan, body oils, or glitters

• Large black stains caused by rubber soles or equipment/props

• Scratches or marks that damage the studio floors

CLEANING FEE

The studio should be returned in the same condition as you received it. If additional cleaning, rearranging, or rubbish removal is needed to restore the studio to its original state, an cleaning fee may be applied.

CANCELLATIONS & DATE CHANGES

Cancellation Fees:

• Cancellations within 21 days of your booking start time: 100% of your confirmed fees.

• All other cancellations outside of 21 days of your booking: we will help you the reschedule the booking by sickness or extraordinary reasons. If we can rebook the studio, we may waive cancellation fees, subject to our discretion. In such cases, an administrative fee of €100+UST may apply.

• Cancellation for a booking with a discount is not possible.

Date Changes:

Date change requests are subject to a €100+UST administrative fee.

Date changes are contingent on availability and may result in additional fees if moved to a weekend or a public holiday.

DATE HOLDS

While we do our best to accommodate date hold requests, we cannot guarantee the availability of your preferred date if it has not been booked and confirmed. Date holds are evaluated on a case-by-case basis and will be released after 36 hours.

EQUIPMENT HIRE

All of our equipment is available for studio use. We regularly test our equipment to ensure its safe and proper operation.

Please notify our team of any damages that may occur while the equipment is in your possession.

◗ Important Booking Information

Please take note of the following information regarding your booking:

/ Date Holds: Date holds are considered on a case-by-case basis. If your desired date is currently on hold, it will be released after 36 hours.

/ Booking Inclusions: Please refer to the appointment type in the booking form below to review the specific inclusions associated with your booking.

/ Add on Hire: You will find the available Add ons listed in the booking form. If there is something you need that is not included in our list, please let us know via email.

/ Third Party Advertising rights: Usage rights of the content are not included for third parties. If you have a cooperation partner, you can easily add third-party advertising usage rights through the add-ons option. If you have a question here, we are happy to help you, please let us know via email.

/ We love to support you and your work, tag us on social media (calm______studio), so we can share your work.

◗ Please send us the following information after booking via email.

/ Your full name

/ Your UID Number if you have one

/ The total number of attendees

/ Your email, postal address, phone number to contact you

/ An emergency contact number

/ The contact information for the person responsible for paying the bill

You will receive a confirmation email after payment is made.

Your booking starts at the chosen time and ends at the specified end time. Overtime fees apply after 15 minutes from the end of your booking.

HOUSE RULES

At Calm Studio, we strive to make your visit as comfortable as possible. We request your cooperation with the following house rules:

• Return the studio and equipment in the same condition as received. Excessive cleaning will incur a €100 +UST cleaning fee.

• Keep music at a reasonable volume.

• Parking — Next door we have a Parking Garage, which you have. to pay there. Please inform any extra crew arriving separately.

• No smoking in front of the studio or near our neighbors' doors.

• No smoking or open flames inside Calm Studio.

• Avoid loud phone conversations in the house.

• Do not remove any equipment, props, furniture, or fixtures from Calm Studio.

• Dispose of excess rubbish in the bins outside.

• If you rearrange the studio, return all furniture and studio items to their original positions.

• Please arrange pet access in advance, as pets are generally not allowed in the studio to ensure a risk-free environment.

• In case of an emergency, contact our team immediately.

TERMS AND CONDITIONS

The following terms and conditions (Terms) govern the studio and equipment hire services provided by Calm Studio. These Terms, together with any specified terms in a Quote, and other documents incorporated by these Terms, constitute the contract between You and Calm Studio when you hire a Studio or Equipment, or both, from Calm Studio.

DEFINITIONS

In these Terms, the following definitions apply:

• "Studio" means you hire the Calm Studio.

• "Equipment" includes the equipment specified in a Add on Form.

• "Quote" represents any estimate we provide that outlines the fees applicable to your booking request.

• "Hire Rates" are our standard rates for studio and equipment hire, available on our website.

• "Calm Studio," "We," "Our," or "Us" refers to Calm Studio.

• "You" or "Your" designates the individual or entity agreeing to hire a Studio or Equipment, or both, from Us.

• "Party" signifies the assistants, employees, agents, guests, or contractors of a party.

• "Your Property" encompasses any property that you, Your Party, or guests bring onto the Premises, including any Equipment.

• "Hire Contract" is the final confirmation we send you, attaching and incorporating any agreed Estimate.

• "House Rules" consists of our house rules for the studio, available for your reference in the Studio.

• "Hire Period" extends from the time you occupy the Studio until the end of the period specified in the applicable Hire Contract.

HIRE ELIGIBILITY AND PROOF OF IDENTIFICATION

(a) If you are an individual or a sole trader, you must:

• Confirm that you are at least 18 years of age.

• Provide us with a current UID (if applicable), your postal address, contact number, and email.

(b) If you are booking for another entity, you must provide a current UID, registered address, contact number, and email for that entity.

(c) You are required to provide proof of identity in the form of a driver's license. We may use this information to perform background checks at our discretion.

(d) You may be required to provide us with a valid, current credit card before hiring the Studio or our Equipment. You agree that Calm Studio may use these details to process a security hold on your Hire Period. Calm Studio reserves the right to charge your credit card and/or invoice you to recover any amount owed per these Terms.

MAKING A BOOKING

(a) These Terms govern all hires of Studios and Equipment from Calm Studio.

(b) Each hire request is considered a separate request and is only confirmed when Calm Studio provides written confirmation.

(c) Calm Studio may, at its sole discretion, choose not to rent the space or equipment to you or Your Party.

(d) Calm Studio and Calm Studio equipment are subject to availability.

(e) Calm Studio will hold your hire request for 24 hours. Full payment must be made to secure your hire request.

(f) Requests for studio adjustments, should be made at least three days before your hire date.

(g) All change requests should be submitted via email to hello@the-calm-studio.com.

(h) All payments must be made in full before your booking to confirm your requested date.

PAYMENT AND FEES

(a) The fees specified in the Hire Contract sent to you by Calm Studio are payable. Fees can be paid through PayPal or credit card. Credit card payments are processed by STRIPE.

(b) In addition to your fees, Calm Studio reserves the right to charge a deposit for studio and equipment hire that is refundable upon the completion of your hire period.

(c) In addition to your fees, Calm Studio reserves the right to charge for:

/ Excessive rubbish or props are left on the premises.

/ Additional cleaning is required to restore the premises to its original state.

/ Extra cleaning is needed to remove makeup, self-tanners, or other body cosmetics.

/ Excessive use of complimentary items such as soaps, moisturizers, sanitary items, or cosmetic items.

/ Damage to the premises and equipment beyond general wear and tear.

/ Damage to internal or external walls and fixtures.

/ Use of equipment or props not listed in your Hire Contract.

(d) Additional fees may be incurred if you request earlier or later access to the studio, set adjustments, catering, in-house services, or any other services not listed in the Hire Contract.

(e) Calm Studio requires full payment to confirm your requested hire period. Non-payment will result in your selected date being released.

(f) If the booking is made, payment must be made within 24 hours of your booking request.

(g) Without limiting any other clause in these Terms, if you do not pay any invoice by the due date, we reserve the right to charge a reasonable administrative fee for our processing and pursuit of late payments.

(h) All payments must be made in full before your booking to confirm your required date.

AUTHORIZED PARTY

(a) You must not make bookings on behalf of another Party unless you are attending the Premises for the duration of the Hire Period.

(b) You must advise Calm Studio if you have any outside Parties attending the Premises for the duration of the Hire period, including but not limited to caterers, hair and makeup crew, stylists, or prop or set designers.

CANCELLATION POLICY OR CHANGE OF DATE

(a) Should you wish to cancel a confirmed booking, the following cancellation fees may apply:
For all cancellations requests of your booking, Calm Studio will help you to reschedule your booking.

(b) If you cancel a confirmed booking, we may agree (in our sole discretion) to waive the Cancellation Fees. This may happen if Calm Studio can rebook the Studio. In such a case, we may charge an administrative fee of €100+UST.

(c) Should you wish to change the date of a confirmed booking, the following fees may apply:

administrative fee €100+Ust

Date changes are subject to availability and may incur additional fees if moved to a Weekend or public holiday.

TERMINATION BY CALM STUDIO

(a) We may terminate any hire agreement immediately without incurring any liability to you when:

You are in material breach of any of these Terms, or

We are unable to provide the Studio or Equipment to you due to occurrences or conditions that are not within our reasonable control, including but not limited to fire, acts of terrorism, natural disasters, floods, government action or order, inclement weather, or strikes.

HIRE OBLIGATIONS

(a) Equipment, including props, must not be removed from the Premises.

(b) With the exception of any of Calm Studio's equipment, you must ensure that any equipment you or Your Party bring to the premises is safe to use. You must ensure that you or Your Party are suitably qualified to operate this equipment.

(c) You must ensure that you or Your Party are suitably qualified to operate Calm Studio equipment & your equipment.

(d) You agree that if you or any of Your Party are not familiar with the operation of the equipment listed in your Hire Contract, you will hire a Studio assistant to assist you in operating the equipment.

(e) You are required to make your own judgment regarding the working condition of the Equipment, the Studio, and the Premises for your Hire Period.

(f) When hiring Calm Studio, you warrant that you and Your Party have read and agree to comply with the Premises House Rules. If at any time we believe you or Your Party are acting against these House Rules, we reserve the right to require you to cease any activity that may be deemed unsafe or against the House Rules.

(g) The following activity is prohibited without prior written consent:

• Lighting fires or open flames.

• Creating pools of water.

• Conducting medical or cosmetic procedures that alter the body or require high levels of sanitization.

• Suspending a person or objects from the ceiling.

• Splashing or throwing glow sticks, glow paint, regular paint, or chemicals that require professional cleaning.

(h) The Studio and equipment must be returned to their original state. Failure to do so may incur a cleaning and maintenance fee of €350+UST.

(i) You must use all Equipment per the manufacturer's instructions.

(j) You are not allowed to modify any of the Equipment which you booked.

(k) All equipment must be plugged into Calm Studio-approved power points and power boards. Failure to do this may result in, but is not limited to, fire, electrical burn, power surges, or injury. If you use a non-approved power board or powerpoint, you are entirely liable for all injury, damage, losses, and costs of repair that may arise.

(j) You agree to do a stocktake of all Equipment upon arrival at the Studio.

CLEANING AND DAMAGE

(a) Studio hire includes a standard clean, up to one hour, carried out by our team. Any excessive cleaning beyond this may incur a cleaning and maintenance fee minimum €100 +UST.

SUPPLY OF SERVICES

(a) We will provide the Studio or Equipment to you during the Hire Period in a workmanlike manner.

(b) We may, at our sole discretion, engage third-party suppliers to provide Equipment. If any Equipment is engaged by a third party, its your responsibility to take care of it.

(c) Any term or condition expressed in a Quote is only applicable to that Quote and should not be read into any other agreement or Quotes.

(d) Calm Studio provides the Studio and Equipment in the condition they are in at the time of your Hire Period, subject to reasonable wear and tear.

LIMITATION OF LIABILITY AND INDEMNITY

(a) Subject to clause (c), all statutory conditions and warranties, including warranties as to merchantable quality or fitness for a particular purpose, are excluded. Our liability to you for breach of any such conditions or warranties is limited at our option, to any one or more of the following:

In the case of goods: the replacement or repair of the goods or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or acquiring equivalent goods; and

In the case of services: the supplying of the services again, or the payment of the cost of having the services supplied again.

(b) Subject to clause (c), we will not be liable for any indirect or consequential losses or expenses suffered by you or Your Party, howsoever caused, including but not limited to loss of turnover, profits, business, or goodwill or any liability to any other Party.

(c) Nothing in these Terms is to be interpreted as excluding, restricting, or modifying or having the effect of excluding, restricting, or modifying the application of any State legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted, or modified.

(d) You indemnify Calm Studio and keep us indemnified, including our employees, directors, and representatives, against all losses, costs, damage, claims, and expenses which arise directly or indirectly out of any negligence by you or Your Party, any breach by you or Your Party of any term of these Terms, or any failure by you or Your Party to comply with your obligations under these Terms. This includes any costs or fees we incur in pursuing you for any monies owed or damages, losses, or expenses suffered as a result of any actions by you or Your Party.

(e) You are responsible for insuring your Property and Equipment against all risks.

DISPUTE RESOLUTION

(a) Should you have any issues or disputes with Calm Studio regarding a hire agreement, you may raise your concerns in writing. We will investigate and respond in accordance with these Terms.

(b) Should the issue remain unresolved, you may engage an independent mediator to assist in resolving the matter.

(c) Neither party may commence legal proceedings until such time as the issue is not resolved in good faith.

INSURANCE

Calm Studio does not provide insurance for your equipment or property. We recommend that you purchase appropriate insurance to cover your needs.

CONFIDENTIALITY AND PRIVACY

(a) You agree not to disclose any confidential information about the operation of Calm Studio.

(b) Calm Studio may collect personal information. This information will not be disclosed to any third party other than as required by law or as set out in these Terms.

NOTICES

All notices or other communications must be in writing and sent by mail to the address or email address specified hello@the-calm-studio.com

FORCE MAJEURE

If any failure, delay, or omission by Calm Studio in the performance of our obligations occurs due to any of the occurrences or conditions not within our reasonable control, including but not limited to fire, acts of terrorism, natural disasters, floods, government action or order, inclement weather, or strikes, Calm Studio is not in breach of these Terms and shall not be liable for any breach of these Terms or any resulting loss or damage.

WAIVER

The failure by Calm Studio to exercise or enforce any right or provision under these Terms will not be considered a waiver of such right or provision. Any waiver of any right or provision under these Terms will only be effective if it is in writing and signed by a duly authorized representative of Calm Studio.

MODIFICATION OF TERMS

Calm Studio reserves the right to revise these Terms at any time. Any changes will become effective immediately upon posting the revised Terms on the website. By continuing to use the services, you agree to be bound by the revised Terms.

EFFECT OF TERMS

By requesting a booking with Calm Studio, you are acknowledging that you have read, understood, and agree to be bound by these Terms and Conditions. It is recommended to save a copy for reference.

・ Last updated on Sunday, Dec 17, 2023.