Yogaworks Terms & Conditions

Effective 4/1/2016

YogaWorks operates studios to provide yoga, Pilates and other forms of activities to promote exercise and good health. Please visit our website for current listing of all classes, descriptions and times which may change from time to time.

MEMBERSHIPS AND PAYMENTS

Your membership access applies only to regularly scheduled in-studio classes. Schedules for in-studio classes are available online at www.yogaworks.com. Special events, workshops, and teacher training sessions require additional payment for access. Your dues are based on a period of time and are in no way related to or adjusted based on actual usage of a YogaWorks studio. You have provided YogaWorks your credit card or bank account information for the purpose of paying for Membership fees, dues and taxes as applicable by law. Payment for additional goods and services, which may include taxes as applicable by law (including verbal authorization for any of the following), which may include fees for towel/mat rentals, locker rentals, food, beverages, workshops, special events, retail apparel, MyYogaWorks video subscription and other similar items, shall be paid by cash or credit in additional transaction(s).

Pre-Sale Founding Memberships: You understand and agree that the special pricing is for a two-month minimum Agreement (“Founding Membership”). Except as otherwise set forth in this Agreement, this Agreement will remain in force unless you cancel it as per below. You will not receive a monthly statement. Your dues, unless prepaid, must be paid through an Electronic Funds Transfer Authorization (“EFT”) program on the date designated in the Agreement and will continue on or around the same day until cancellation.

Monthly: YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT IS A MONTH-TO-MONTH AGREEMENT (“MONTHLY MEMBERSHIP”). Except as otherwise set forth in this Agreement, this Agreement will remain in force unless you cancel it as per below. You will not receive a monthly statement. Your dues, unless prepaid, must be paid through an Electronic Funds Transfer Authorization (“EFT”) program on the date designated in the Agreement and will continue on or around the same day until cancellation.

Prepaid: You understand and agree that the term of this Agreement is for a specific number of months (“prepaid membership”), unless you cancel it by giving 30-day prior written notice to YogaWorks for a pro-rata refund of the prepaid membership dues. Except as otherwise set forth in this Agreement, this Agreement will terminate at the end of the term unless you elect to renew your membership at the Renewal rate prior to the expiration date Renewal rate is the price of the prepaid membership plus an increase of 10% or the then current rate (whichever is less).

Failure to Pay on Time: You agree to pay a $20 fee for any returned check or debit problems, such as insufficient funds, closed accounts, frozen or declined credit or similar circumstances. Any unpaid balance for membership fees, goods or services past 30 days may result in automatic suspension of membership privileges. Buyer is obligated to pay any collection and/or legal costs incurred by YogaWorks for collection. YogaWorks reserves the right to charge balances and overdue balances to the current account under the EFT.

Right to Modify Dues and Fees: YogaWorks reserves the right to modify your dues at any time upon 30 days written notice. If you have a prepaid membership, YogaWorks may not modify the amount of your prepaid dues before the expiration of the current term.

FREEZE POLICY

The freeze policy allows a member in good standing to temporarily suspend his or her membership upon request to YogaWorks at least 10 days before the next billing cycle to begin the freeze under the following terms: 1) once every 12 months; 2) for a minimum of 1 month and a maximum of 3 consecutive months; 3) no pro rata months; and 4) for a fee of $15.00 per month. Members who have temporarily suspended their membership under this policy shall not have access to use any of the YogaWorks’ facilities. Once freeze ends, member rate shall continue at the same rate immediately prior to the freeze, although date for monthly dues will change to new date based on the number of days the membership was suspended.

CANCELLATION POLICY

To cancel, please send a signed and dated letter addressed to Studio Manager to the location where you purchased a membership or a YogaWorks studio where you practice. Addresses of all studios are located at www.yogaworks.com.

Pre-Sale Founding Membership: You may cancel a Founding Membership at any time after your first two months by sending written notice of your desire to cancel at least 10 days prior to your next scheduled debit date. If you submit written notice in less than 10 days prior to your next scheduled debit date, you will have one more month’s dues payable before the cancellation can take effect.

Monthly Membership: You may cancel a monthly membership at any time for any reason (relocation, disability, death, etc) by sending a signed and dated written notice of your desire to cancel at least 10 days prior to your next scheduled debit date. If you submit written notice in less than 10 days prior to your next scheduled debit date, you may have one more month’s dues payable before the cancellation takes effect.

Prepaid Membership: A prepaid membership will expire automatically at the end of the term unless you renew your membership at the preferred rate before the expiration date. You may cancel a prepaid membership at any time upon 10-day written notice to YogaWorks by submitting written notice to the Studio Manager of your desire to cancel. YogaWorks will refund the unused portion of any pre-paid dues on a pro-rata basis, based on the number of days remaining in the paid membership Agreement. Any free months will be automatically forfeited upon cancellation.

Five days right to cancel
By law, you may cancel this Agreement at any time prior to midnight of the fifth business day after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice to the YogaWorks Studio you joined or where you practice, stating that you wish to cancel this Agreement or words of similar effect. We will make all commercially reasonable efforts to return all monies paid pursuant to the Agreement within ten (10) business days of receipt of such notice of cancellation. In addition to the rights listed above, during the pre-sale period of a studio in development, you shall be entitled to a complete refund of any monies paid until such date that is five (5) days following the opening of regular classes of that new studio location. In the event of a studio closure, you may have additional protections afforded by local law beyond those provided to you under state law.

Refunds: Requests for a refund of dues will not be honored for any time period in which your account shows a lack of utilization outside of a pre-approved Freeze. Nor will YogaWorks grant a refund for any time period in which your account shows utilization at any YW facility. Member agrees that any free months given as an incentive to enter into this Agreement or as a result of a promotion shall not be considered in computing the amount of any refund.

Termination for Cause: YogaWorks may terminate your membership if: (1) you fail to make timely payments; (2) the monthly EFT payment or dues are interrupted or discontinued for any reason and you do not provide an acceptable alternative; (3) you fail to follow any of YogaWorks’ membership policies or rules or violate any part of this Agreement; or (4) your conduct is improper or harmful to the best interests of YogaWorks or its customers. Termination is effective on the date YogaWorks mails a notice to your last known address or hand delivers a notice to you. You are liable for all financial obligations incurred.

Termination without Cause: YogaWorks may terminate your membership without cause or for any reason not stated above. Termination is effective on the date YogaWorks mails a notice to your last known address or hand delivers a notice to you. You are liable for all financial obligations incurred. Future unused and paid dues will be refunded pro-rata.

Effect of Termination: Upon cancellation or termination of membership, your right to use the YogaWorks’ facilities ends. If you owe money, YogaWorks will deduct it from any refund. If there is not enough money in the refund to cover all amounts you owe, you must pay the balance.

Rejoin: If you cancel your membership and you want to rejoin, you must buy a new membership at the then prevailing rates.

Complimentary months received at purchase have no monetary value.

LOSS OR THEFT OF MEMBERSí PROPERTY

YogaWorks is not responsible for lost or stolen articles. Members are encouraged to keep valuables with you at all times when using the facilities. Lockers and storage spaces (including area for mat storage) are offered without any representation that they will be effective in protecting valuables.

GENERAL RULES

In addition to the rules listed herein, YogaWorks may, from time to time, post at the YogaWorks’ premises, or issue orally, additional rules that the members must obey for general safety reasons and mutually respectful use of the facilities.

PRESENTATION OF MEMBERSHIP CARD/ID

At the time of issuance, you may be required to have your picture taken and kept on file for security reasons. To use a studio, you must present your membership card for check-in at the front desk. If your membership card is forgotten or misplaced, the picture on file will verify your identity or a valid form of identification may be required as membership and studio usage is not transferable. You may not allow any other person access to YogaWorks through the use of your card (except when you are allowed to bring guests). Doing so may result in suspension or cancellation, with any outstanding balance immediately due and payable.

GUESTS

Members may be allowed to bring guests under certain conditions however, all guests must sign in at the front desk with photo identification and sign a liability waiver prior to using the facilities.

CHILDREN’S USE

Children 12+ years of age may participate in the generally available
yoga/fitness classes when accompanied by his/her parent at all times with a liability waiver signed by a parent or legal guardian. Normal fees apply. YogaWorks reserves the right to discontinue usage for any person whose behavior is offensive to any other person or to a child who is unsupervised.

DRESS CODE

Proper athletic attire is required. No street clothes or shoes permitted in the fitness area. Management has the right to prevent the participation in a class if proper attire is not worn.

HEALTH WARRANTY, ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY

Health Warranty: Buyer represents that the member covered under this Agreement is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which would cause increased risk of injury or adverse health consequences as a result of engaging in active or passive exercise.

ASSUMPTION OF RISK AND RELEASE

The use of the facilities at YogaWorks naturally involves the risk of injury to you or your guest, whether you or someone else cause it. As such, you understand and voluntarily accept this risk. You agree that YogaWorks will not be liable for any injury, including, without limitation, personal, bodily or mental injury, economic loss or any damage to you, your spouse or partner, guest, unborn child, or relatives resulting from the negligence of YogaWorks, anyone on the YogaWorks’ behalf or anyone using the YogaWorks’ facilities.

 

No Release for Willful Misconduct: YogaWorks will not be released from liability for any acts of willful misconduct.

RELEASE AND WAIVER OF LIABILITY; ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

I understand that YogaWorks, Inc. is here to serve me by sharing knowledge of yoga, Pilates and health and any related activities to promote exercise and good health (“Yoga Activities”). In connection with my participation in the Yoga Activities, I understand, acknowledge and agree as follows:

  • Participation in the Yoga Activities is completely voluntary and it is solely my decision to participate in such activities.

  • The practice of yoga and Pilates involves physical movement and exercise which may from time to time be strenuous, and that such practice carries some risk of injury. I am qualified, in good health and in proper physical condition to participate in the Yoga Activities. I understand that I must judge my own capabilities with respect to practicing yoga and Pilates at YogaWorks and will only participate in the appropriate level of classes that are within my limits and capabilities. I acknowledge that it is my sole responsibility to confirm that there is no medical or other reason preventing me from participating in the Yoga Activities. If I am pregnant, I shall only participate in the Yoga Activities after I have discussed the potential risks with my obstetrician. I shall follow my obstetrician’s advice and instructions about whether and to what extent I can participate in the Yoga Activities. I agree that I (and my spouse/partner, heirs, and guardians) will hold YogaWorks harmless for any possible injury to myself, my spouse/partner, heirs, guardians and/or my child/fetus.
  • If I believe any conditions are unsafe, I will immediately discontinue participation in the Yoga Activities.
  • It is my responsibility to inform the instructor immediately if an injury occurs in connection with the Yoga Activities.
  • From time to time during Yoga Activities, instructors may physically adjust a student’s form. If I do not want such physical adjustments, I will inform the instructor at the beginning of each session that I attend. I also acknowledge that if I do wish to receive such physical adjustments, it is my responsibility to inform the instructor when I believe an adjustment has gone as far as I desire at that time.
  • That participation in Yoga Activities involves risks of serious bodily injury and possibly death, which may be caused by my own actions or inactions or those of others participating in the Yoga Activities. I am voluntarily participating in the Yoga Activities with full knowledge of the dangers involved and hereby agree to accept full responsibility for any/all injury or death, including without limitation, personal, bodily or mental injury, economic loss or any damage that I suffer resulting from the acts of anyone at, or acting on behalf of, YogaWorks.
  • As consideration for my being permitted to participate in the Yoga Activities, I (and my spouse/partner, heirs, guardians, and legal representatives) release YogaWorks, its parent companies, subsidiaries, affiliates and assigns and each of their predecessor and successor organizations and each of their current and former principals, instructors, partners, officers, directors, employees, insurers, agents and representatives and the owners/lessors of the premises wherein the Yoga Activities take place (“Releasees”) from any and all liability and claims for damages arising out of, relating to and/or by reason of my voluntary decision to participate in the Yoga Activities including the use of any equipment or the facilities. I further agree that, I (and my spouse/partner, heirs, guardians and legal representatives) will not make a claim against, sue, or attach the property of YogaWorks or Releasees for injury or damage resulting from the negligence, misconduct or other acts or omissions, howsoever caused, by any employee, agent, or contractor of YogaWorks as a result of my participation in the Yoga Activities. If I, or anyone acting on my behalf, make a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any loss, liability, damage or costs which may incur as a result of such claim.
  • In connection with my participation in the Yoga Activities, I agree to abide by any reasonable rules and policies of YogaWorks.
  • YogaWorks reserves the right to deny an individual’s participation in the Yoga Activities based upon legitimate reasons such as an individual’s failure to follow any specified
  • Assignment-This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by YogaWorks without restriction.

WAIVER OF CLAIMS OF DEFECTIVE EQUIPMENT

You understand and acknowledge that YogaWorks does not manufacture any of the fitness or other equipment at its facilities, but purchases or leases equipment from third parties. As such, you understand and acknowledge that YogaWorks is providing solely recreational services and may not be held liable for defective products.

WAIVER OF CLAIMS FOR THIRD PARTY SUPPLIERS

YogaWorks makes arrangements with accommodation providers, activity providers, and other independent parties (“Third Party Suppliers”) to provide you with your program. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of services that form part of the program. Although YogaWorks takes all reasonable care in selecting Third Party Suppliers, YogaWorks is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. Student acknowledges that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and YogaWorks does not warrant that any Third Party Supplier is in compliance with the laws of the Client’s country of residence, or any other jurisdiction.

 

YOGAWORKS IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN YOGAWORKS AND ITS EMPLOYEES.

DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to this Agreement, brochures, or any other literature concerning the program, or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be subject to the following conditions: 1) the dispute will be governed by California law; 2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in California under the supervision of a mutually agreed upon mediator; 3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in California using one arbitrator pursuant to the then existing rules of the American Arbitration Association; 4) the maximum amount of recovery to which a participant will be entitled under any and all circumstances will be the published tuition cost of the program with YogaWorks. This Agreement to arbitrate does not waive or modify any liability release agreed by the Student. Arbitration against YogaWorks must be commenced within one year following the date of vacation completion. Neither the Company nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to punitive damages.

This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Buyer and YogaWorks. YogaWorks has made no express or implied warranties or representations other than those expressly set forth in this Agreement to induce Buyer to enter into this Agreement.

Manual, handwritten, or oral changes to this Agreement are not valid. Only a written document entitled “Amendment to Membership Agreement” signed by both an authorized representative of YogaWorks and student may change this Agreement. Employees are not authorized to make any independent agreements with any Member.

If YogaWorks does not enforce any right in the Agreement for any reason, YogaWorks does not waive its right to enforce it later. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original Agreement.

If any provision of this Agreement is held unenforceable, it is the parties’ intention that said unenforceability not affect other provisions of this Agreement.

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