MEMBERSHIP AND PAYMENT
This agreement is between MATSKO HOLDING COMPANY LLC DBA "YOGA BLISS" and KENILWORTH PLAZA LLC (landlord).
By electronically signing or otherwise electronically accepting and agreeing to this Membership Agreement (this “Agreement”) you acknowledge and agree to the terms and conditions set forth in this Agreement, including the terms and conditions specific to the membership type you are purchasing. Your membership access applies only to regularly scheduled in-studio yoga and meditation classes and begins on the date you electronically sign or otherwise accept and agree to this Agreement. Special events, workshops and teacher training sessions require additional payments and/or agreements. Your membership dues are based on a period of time and are in no way related to or adjusted based on actual usage at Yoga Bliss. You have provided your credit card information for the purpose of paying membership fees, dues and taxes as applicable by law. Payment for additional goods, services and related taxes, which may include fees for towel/mat rentals, food, beverages, workshops, special events and retail, shall be paid by cash or credit card in additional transactions.
Monthly: If you have selected a “Monthly” membership option, you understand and agree that this Agreement provides for a month-to-month membership with recurring monthly dues and fees, provided that if the membership product or promotion you purchase provides for a minimum number of months, you will be charged monthly dues for no less than the stated number of months. Except as otherwise set forth in this Agreement, this Agreement will remain in force unless you cancel it as set forth herein. You will not receive a monthly statement for your monthly payment amount (the “Monthly Amount”). Your Monthly Amount, unless prepaid, must be paid via a credit card or debit card (your “Payment Method”) on or around the effective date of this Agreement and will continue to be charged to your specified Payment Method on or around the same day of each month until this Agreement is cancelled.
Introductory Offers: All introductory offers, including discounted first months, are valid for first-time Yoga Bliss members only. A discounted introductory membership will not be available to a member again, including for membership lapses, cancellations and subsequent renewals or other reasons.
Failure to Pay on Time: You agree to pay a $20 fee for any insufficient funds, closed accounts, frozen or declined credit cards or similar circumstances. Any unpaid balance for membership fees, goods or services that is more than 30 days past due may result in automatic suspension of membership privileges. You agree to pay any collection and/or legal costs incurred by Yoga Bliss for collection of any amounts due. You hereby authorize Yoga Bliss to charge any undisputed balances and overdue amounts to your then current Payment Method.
Right to Modify Dues and Fees: Yoga Bliss reserves the right to modify your dues and/or fees (e.g. suspension, late fees, or otherwise) at any time upon 30 days prior written notice. If you have a prepaid membership, Yoga Bliss may not modify the amount of your prepaid dues before the expiration of the current prepaid membership term.
MEMBERSHIP SUSPENSION POLICY
If you are a member in good standing, Yoga Bliss permits you to temporarily suspend your membership upon written request made to prior to the effective date of such temporary suspension for a fee of $20 per month. Membership suspensions are permitted subject to the following restrictions: (1) your membership may be suspended for up to 3 months in any 12-month period; and (2) your membership may only be suspended for full months not partial months. Once the suspension ends, your membership will resume at the same rate in effect immediately prior to the suspension, although the date for monthly dues will change to a new date based on the dates of the membership suspension.
To cancel this Agreement for any reason including disability, death or moving more than 25 miles from the Yoga Bliss studio, you must send a signed and dated notice of termination addressed to the Studio Manager of the location where you purchased the membership, or you may email a copy of such letter to email@example.com. Address is 7384 Highland Rd. Baton Rouge, LA 70808
Monthly Membership: You may cancel a monthly membership (after initial 3 month minimum commitment) for any reason with a written 30 day notice. You will be charged one more month at the regular rate or $100 to cancel at the time of request.
Prepaid Membership: A prepaid membership will expire automatically at the end of the prepaid membership term unless you renew your membership at the then applicable renewal rate before the expiration date. You may not cancel a prepaid membership but it can be sold or transferred to another client.
Refunds: Requests for a refund of dues will not be honored due to your non-use.
Termination for Cause: Yoga Bliss may terminate your membership, in its sole discretion, if: (1) you fail to make timely payments; (2) your Payment Method is cancelled, interrupted or discontinued for any reason and you do not provide an acceptable alternative; (3) you fail to follow any of Yoga Bliss membership policies or rules or violate any part of this Agreement; or (4) your conduct is improper or harmful to the best interests of Yoga Bliss or its customers as determined by Yoga Bliss in its sole discretion.
Termination Without Cause: Yoga Bliss may terminate your membership without cause or for any reason not stated above.
Rejoin: If you cancel your membership and you want to rejoin, you must buy a new membership at the then prevailing rates.
LOSS OR THEFT OF PROPERTY
Yoga Bliss is not responsible for lost or stolen property.
In addition to the rules set forth herein, Yoga Bliss may, from time-to-time, post or issue orally or in writing, additional rules that the members must obey for general safety reasons and mutually respectful use of the facility.
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.
Proper athletic attire is required. No street clothes or shoes are permitted in the studio classrooms unless expressly approved in advance by a Yoga Bliss employee. Yoga Bliss has the right to prevent the participation in a class if proper attire is not worn.
HEALTH WARRANTY, ASSUMPTION OF RISK, WAIVER OF LIABILITY AND RELEASE
By electronically signing or otherwise electronically accepting and agreeing to this Agreement, you expressly acknowledge that the use of the facilities of Yoga Bliss may involve strength, flexibility, aerobic, cardio and/or other exercises, including the use of equipment, as well as soft tissue manipulation or manual adjustments (which may include the instructor, assistant, trainee, or mentee guiding your body to a pose or specific movement), all of which can be potentially hazardous activities that naturally involve the risk of injury to you, whether you or someone else cause it, and you understand and voluntarily accept this risk. In addition, you represent that you are (and at all times moving forward when taking classes or receiving instruction by or through Yoga Bliss) in good health and have no disability, impairment, injury, disease or ailment that would prevent you from safely engaging in active or passive exercise or soft tissue manipulation or which would cause increased risk of injury or adverse health consequences as a result of engaging in active or passive exercise, and you further acknowledge and understand that it is your duty to notify your Yoga Bliss teacher in advance of each and every class of any changes in your good health standing). You acknowledge and agree that Yoga Bliss and its employees and agents do not diagnose or prescribe treatment for any illnesses or injuries. No service provided by Yoga Bliss is a substitute for medical treatment or care. Please inform your teacher in advance of each class if you prefer not to receive manual adjustments. Failure to do so will be deemed implied consent to receive manual adjustments in a class.
You hereby acknowledge and agree that Yoga Bliss 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 Yoga Bliss, anyone providing services on Yoga Bliss behalf or anyone else using Yoga Bliss facilities and you release Yoga Bliss from any liability related to any such injury. All sessions, classes, use of studio facilities (or entry/exit of such facilities), use of studio-provided equipment or apparatus (whether during a class or otherwise), or use of any other service shall be at your sole risk. You understand that the decision to use any equipment or apparatus, or the selection of programs, methods and types of equipment, shall be solely your responsibility, and at no time may you use any equipment without supervision by a Yoga Bliss teacher, and Yoga Bliss shall not be liable to you for any claims, demands, damages or causes of actions due to injury to you or your property arising out of or in connection with your use of the services or facilities of Yoga Bliss, or any occurrence in or around a facility, regardless of whether the injury or damages were caused by the negligence of Yoga Bliss, its employees or its agents. This waiver of liability and release specifically applies to claims of negligent instruction, maintenance, and/or supervision that may arise as a result of injuries sustained before, during, or after classes or individual training sessions. Although Yoga Bliss instructors may provide guidance during a class or individual session, it is your sole responsibility to discontinue participation in any activity you feel is beyond your capability to safely perform and Yoga Bliss will not be responsible for any injuries or damages arising from your engagement in any activities at any Yoga Bliss studio regardless of whether they were caused by the negligence of Yoga Bliss, its employees or its agents, trainees, assistants, or mentees. You acknowledge and agree that this waiver of liability and release applies to any and all incidents occurring on any Yoga Bliss owned, operated or controlled premises, including slip or trip and fall incidents, regardless of the cause. You further acknowledge and agree that Yoga Bliss is not liable and does not assume responsibility for any claims, losses, damages, costs or expenses arising out of any inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from any act or omission of Yoga Bliss or any other party. The scope of this waiver of liability and release specifically includes any and all injuries sustained in or about the premises of any Yoga Bliss facility and during any event or program organized or operated by Yoga Bliss away from its facilities, including, without limitation, parks, beaches, community centers and schools.
You expressly acknowledge and agree that by electronically signing or otherwise electronically accepting and agreeing to this Agreement you are relinquishing all rights you may have to sue Yoga Bliss for injuries arising out of the use of any Yoga Bliss facilities or its services.
This waiver of liability and release is intended to be interpreted as broadly as allowed under the law of the state of Louisiana.
You expressly acknowledge and understand that you will be automatically opted in to communications from Yoga Bliss with regard to the services provided, branding, marketing, or anything else and that it is your duty to opt out through the procedures outlined in such communications. You further expressly acknowledge and understand that your photo likeness may be used, without limitation, in connection with publicity, copyright, advertising, marketing, web content, social media or other uses and that permission is expressly granted for such uses, among others, and that no remuneration will be provided for such use.
By electronically signing or otherwise electronically accepting and agreeing to this Agreement on your own behalf or as the parent or legal guardian of a minor, you are certifying that you are at least 18 years old and that you have carefully reviewed, fully understand and agree to all provisions of this Agreement. You further understand and agree that you are responsible for all payments described herein.
Acknowledged and Agreed: