terms of Service

1. Acceptance of Terms

Welcome to the website of Cameron Wellness, LLC d/b/a The Room (“we,” “us,” or “our”). These Terms of Service (these “Terms”) are the only terms that govern your access to and use of our website located at https://www.theroomnewport.studio/, our online booking platform, mobile application, and any related digital services (collectively, the “Platform”). Notwithstanding anything herein to the contrary, if a separate written agreement signed by both parties is in existence covering the subject matter hereof, the terms and conditions of said agreement shall prevail to the extent they are inconsistent with these Terms. For purposes of these Terms, “you”, “your”, and “User” refer to any individual who visits our website, uses our booking platform or app, creates an account, purchases or books a class, membership, package, or retail item, communicates with us by any means, enters our studio premises, attends or observes a class or event, or otherwise interacts with us or our Online Services, regardless whether you are a paying member.

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform. These Terms and the accompanying Privacy Policy (collectively, this “Agreement”) comprise the entire agreement between the parties with respect to your use of the Platform and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. Your continued use of the Platform following any modifications to these Terms constitutes your acceptance of those changes.

2. Description of Platform and Services

The Platform provides information about The Room and facilitates the following online services:

  • Class schedules, descriptions, and instructor information

  • Online class booking and reservation management

  • Account creation and management

  • Membership enrollment, management, and auto-renewal processing

  • Purchase of class packages, drop-in credits, gift cards, and retail products

  • Virtual and on-demand class access (when available)

  • Studio news, blog content, wellness resources, and event information

  • Communication preferences and notification management

The Platform is designed to complement our in-studio services. Your physical participation in classes, use of studio facilities, and in-person interactions are governed by separate agreements, including our Membership Agreement, Liability Waiver, and Media Release, which you must execute prior to participation.

2A. Age and Eligibility

You must be at least eighteen (18) years old to use the Platform or enter into these Terms on your own behalf. If you are between sixteen (16) and seventeen (17) years old, you may use the Platform for group class bookings only with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. A parent or legal guardian may also use the Platform to book private or semi-private sessions on behalf of a participant of any age; in such case, the parent or legal guardian agrees to be bound by these Terms and is fully responsible for the minor’s use of the Platform. By using the Platform, you represent and warrant that you meet the applicable age requirement. Users under sixteen (16) years of age are not permitted to independently use the Platform or create an account without parental involvement.

3. User Accounts

3.1 Account Creation

To access certain features of the Platform, you may be required to create an account. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

4. Intellectual Property

4.1 Our Content

All content on the Platform, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, class names, program names, branding elements, software, and the overall design and layout of the Platform (collectively, “Studio Content”), is the property of Cameron Wellness, LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use. This license does not include the right to:

  • Copy, reproduce, distribute, or publicly display any Studio Content

  • Modify, create derivative works from, or reverse engineer any part of the Platform

  • Use any Studio Content for commercial purposes without our prior written consent

  • Download, scrape, or systematically collect data from the Platform

  • Use our trademarks, logos, or branding without express written authorization

4.3 User Content

If you submit any content through the Platform (such as reviews, comments, or feedback), you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such content in connection with our business operations and marketing.

5. User Conduct

You agree not to use the Platform to:

  • Violate any applicable local, state, national, or international law or regulation

  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity

  • Interfere with or disrupt the Platform or servers or networks connected to the Platform

  • Attempt to gain unauthorized access to any portion of the Platform or any systems or networks

  • Transmit any viruses, malware, or other harmful code

  • Collect or harvest personal information of other users without their consent

  • Use the Platform for any unauthorized commercial purpose or to compete with The Room

  • Post or transmit any content that is unlawful, defamatory, obscene, or otherwise objectionable

  • Book classes with the intent to not attend or to disrupt scheduling for other members

  • Share, transfer, or sell your account access or membership benefits to others

6. Bookings and Purchases

6.1 Class Bookings

Class bookings made through the Platform are subject to availability and our applicable cancellation and late-cancel policies. We reserve the right to modify class schedules, substitute instructors, cancel classes, or limit enrollment at any time. Specific booking policies, including cancellation windows and associated fees, are set forth in your Membership Agreement or displayed on the Platform at the time of booking.

6.2 Memberships and Packages

Purchases of memberships, class packages, drop-in credits, gift cards, and retail products through the Platform are subject to the terms and conditions displayed at the time of purchase. Membership terms, including auto-renewal provisions, pricing, cancellation procedures, and refund policies, are governed by the separate Membership Agreement.

6.3 Pricing

All prices displayed on the Platform are in U.S. dollars and are subject to change without prior notice. We make reasonable efforts to ensure pricing accuracy but are not responsible for typographical errors. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price.

6.4 Payment Processing

All payments are processed through our third-party payment processor. By making a purchase, you agree to the payment processor’s terms of service. We do not store your complete credit card information on our servers.

7. Disclaimers

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PLATFORM, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

  • Without limiting the foregoing, we do not warrant that:

  • The Platform will be available, uninterrupted, timely, secure, or error-free

  • The information, content, or materials on the Platform are accurate, reliable, or complete

  • Any defects in the Platform will be corrected

  • Class schedules, instructor assignments, or pricing displayed on the Platform will be accurate at all times

The Platform provides general information about our studio and class offerings. Nothing on the Platform constitutes medical advice, fitness advice, or a substitute for professional medical consultation. You should consult with a qualified healthcare provider before beginning any exercise program.

8. Limitation of Liability

IN NO EVENT SHALL CAMERON WELLNESS, LLC, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

The limitation of liability set forth above shall not apply to liability resulting from our gross negligence or willful misconduct. Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

9. Third-Party Links and Services

The Platform may contain links to third-party websites, applications, or services that are not owned or controlled by us, including but not limited to social media platforms, payment processors, and scheduling tools. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. Your interactions with third-party services are governed by those third parties’ own terms and policies. We encourage you to review the terms and privacy policies of any third-party services you access through our Platform.

10. Indemnification

You agree to indemnify, defend, and hold harmless Cameron Wellness, LLC, its owners, officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

  • Your use of or access to the Platform

  • Your violation of these Terms

  • Your violation of any third-party right, including any intellectual property, privacy, or proprietary right

  • Any content you submit or transmit through the Platform

  • Any fraudulent or unauthorized use of your account

11. Governing Law

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of California.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at cameron@theroomnewport.studio and attempt to resolve the dispute informally for at least thirty (30) days.

12.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved exclusively through final and binding arbitration administered by JAMS in Orange County, California, before a single arbitrator, in accordance with JAMS’ Streamlined Arbitration Rules and Procedures. The arbitrator shall have exclusive authority to resolve all disputes and shall have the authority to grant any remedy that would otherwise be available in court.

12.3 Class Action Waiver

YOU AND CAMERON WELLNESS, LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

12.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Additionally, claims within the jurisdiction of small claims court may be filed in Orange County, California.

13. Severability

If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

14. Waiver

No waiver by us of any of the provisions of these Terms is effective unless explicitly set forth in writing. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

15. Assignment

You shall not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. We may freely assign or transfer these Terms, in whole or in part, without restriction and without your consent.

16. No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

17. Survival

Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms, including but not limited to the following provisions: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution and Arbitration, Waiver, No Third-Party Beneficiaries, and Survival.

18. Compliance with Law

You shall comply with all applicable laws, regulations, and ordinances in connection with your use of the Platform. You shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that you need to carry out your obligations under these Terms.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cameron Wellness, LLC with respect to your use of the Platform, and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and us regarding the Platform.

These Terms govern your use of the Platform only. Your in-studio participation in classes, use of studio facilities, and related activities are governed by separate agreements, including the Membership Agreement, Liability Waiver and Release, and Media Release, which you must review and execute independently.

20. Modifications to These Terms

We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes, we will update the “Last Updated” date at the top of these Terms and may notify you via email or through the Platform. Your continued use of the Platform after any such modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of the Platform. These Terms may only be further amended or modified in a writing stating specifically that it amends these Terms.

21. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

THE ROOM
Attn: Privacy Inquiries
436 32nd St.,
Newport Beach, CA 92663

Email: cameron@theroomnewport.studio
Phone: (949)-200-3058
Website: https://www.theroomnewport.studio/