MEMBERSHIP AND PAYMENT
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 set forth in this Agreement. Your membership access applies only to regularly scheduled in-studio classes at Sonic Yoga. Special events, workshops and teacher training sessions require additional payments and/or agreements for access. Due to restrictions of the space and private usage, your membership allows you to enter into the building to take your intended class no more than 30 minutes before scheduled class time. Upon completion of your class we would ask that you exit the building no more than 30 minutes after the completion of scheduled class. Your membership dues are based on a period of time and are in no way related to or adjusted based on actual usage of Sonic Yoga. You have provided Sonic Yoga your credit card or bank account 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, locker rentals, food, beverages, workshops, special events, retail apparel, a Sonic Yoga Online subscription and other similar items, shall be paid by cash or credit card in additional transactions. Sonic Yoga may, but is not required to, charge such additional amounts to a credit card that you direct Sonic Yoga to maintain within the Sonic Yoga point of sale system for purposes of facilitating additional transactions upon your written or verbal authorization to do so.
Monthly: If the “Monthly” option is selected above, you understand and agree that this Agreement provides for a month-to-month membership with recurring monthly dues and fees (“monthly membership”). 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 EFT Amount. Your EFT Amount, unless prepaid, must be paid through an Electronic Funds Transfer Authorization (“EFT”) program on the date designated in 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.
Prepaid: If the “Prepaid” option is selected above, 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-days prior written notice to Sonic Yoga in which case you will be issued 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 of the prepaid membership.
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 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 Sonic Yoga for collection of any amounts due. You hereby authorize Sonic Yoga to charge any undisputed balances and overdue amounts to your then current EFT account.
Right to Modify Dues and Fees: Sonic Yoga reserves the right to modify your dues at any time upon 30 days prior written notice. If you have a prepaid membership, Sonic Yoga may not modify the amount of your prepaid dues before the expiration of the current term.
MEMBERSHIP SUSPENSION POLICY
If you are a member in good standing, Sonic Yoga permits you to temporarily suspend your membership upon request to Sonic Yoga at least 15 days before the next billing cycle for a fee of $15 per month. Membership suspensions are permitted subject to the following restrictions: (1) your membership may not be suspended more than once in any 12-month period; (2) your membership may be suspended for a minimum of 1 month and a maximum of 3 consecutive months; and (3) your membership may only be suspended for full months not partial months. If you have temporarily suspended your membership under this policy, you will not have access to use the Sonic Yoga facility during the membership suspension period. 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 new date based on the dates of the membership suspension.
CANCELLATION POLICY
To cancel this Agreement for any reason including disability, death or moving more than 25 miles from Sonic Yoga, you must fill out a designated cancellation form and submit it to the Studio Manager at Sonic Yoga.
Monthly Membership: You may cancel a monthly membership at any time for any reason (e.g., disability, death or relocation) by sending a signed and dated written notice of your desire to cancel at least 15 days prior to your next scheduled EFT Amount debit date. If you submit written notice less than 15 days prior to your next scheduled debit date, you may be required to pay monthly dues for the membership month related to that debit before the cancellation takes effect.
Prepaid Membership: A prepaid membership will expire automatically at the end of the prepaid membership term unless you renew your membership at the applicable renewal rate before the expiration date. You may cancel a prepaid membership at any time upon 30-days prior written notice. Sonic Yoga will refund the unused portion of any prepaid dues on a pro-rata basis, based on the number of days remaining in the prepaid membership term. Any free months will be automatically forfeited upon cancellation.
Initial Cancellation Right: You may cancel this Agreement at any time prior to midnight of the 5th business day after the date of this Agreement. If the total owed amount under this Agreement is between $1,500 and $2,000, you may cancel this Agreement at any time prior to the 20th business day after the date of this Agreement. To cancel this Agreement, mail or deliver a signed and dated notice which states that you are canceling this Agreement, or words of similar effect, to the Studio Manager of Sonic Yoga studio.
Sonic Yoga will make all commercially reasonable efforts to return all monies paid pursuant to the Agreement within 10 business days of receipt of such notice of cancellation. 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 due to your non-use other than a pre-approved membership suspension nor will Sonic Yoga grant a refund for any time period in which your account shows utilization at the Sonic Yoga facility. Complimentary months received at purchase have no monetary value. Accordingly, you agree that any complimentary 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: Sonic Yoga may terminate your membership, in its sole discretion, if: (1) you fail to make timely payments; (2) the monthly EFT payment is interrupted or discontinued for any reason and you do not provide an acceptable alternative; (3) you fail to follow any of Sonic Yoga’ membership policies or rules or violate any part of this Agreement; or (4) your conduct is improper or harmful to the best interests of Sonic Yoga or its customers as determined by Sonic Yoga in its sole discretion.
Termination without Cause: Sonic Yoga may terminate your membership without cause or for any reason not stated above.
Effective Date of Termination: In the event that Sonic Yoga elects to terminate your membership as set forth herein, such termination will be effective on the date Sonic Yoga mails a notice of such termination to your last known address, emails a notice of such termination to you at your last known email address or hand delivers a notice of such termination to you. You are liable for all financial obligations incurred prior to the date of the termination.
Effect of Termination: Upon cancellation or termination of membership, your right to use the Sonic Yoga facility ends. If you owe any amounts to Sonic Yoga, Sonic Yoga will deduct such amounts from any refund owed. If there is not enough money in the refund to cover all amounts you owe, you must pay the balance or Sonic Yoga shall be permitted to charge your then current EFT account for such amount.
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
Sonic Yoga is not responsible for lost or stolen property. You are encouraged to keep valuables with you at all times when using any Sonic Yoga. Storage spaces (including areas for mat storage) are offered without any representation that they will be effective in protecting valuables.
GENERAL RULES
In addition to the rules set forth herein, Sonic Yoga may, from time-to- time, post at the Sonic Yoga facility, or issue orally or in writing, additional rules that the members must obey for general safety reasons and mutually respectful use of the facility.
USAGE OF MEMBERSHIP
You may not allow any other person access to Sonic Yoga through the use of your membership (except when you are expressly permitted 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 proper identification sign-in and a liability waiver signed prior to using the Sonic Yoga facility.
CHILDREN'S USE
Children 12 years of age and older may participate in the generally available yoga/fitness classes when accompanied by a parent or legal guardian at all times provided a liability waiver has been signed by a parent or legal guardian unless otherwise expressly permitted by Sonic Yoga. Normal fees apply. Sonic Yoga reserves the right to discontinue usage for a child who is unsupervised.
PHOTOGRAPH AND VIDEO RELEASE FORM
Sonic Yoga from time to time will take pictures and videos at the studio for use with promotional and instructional use. I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or videotape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used within an Unrestricted geographic area.
Photographic, audio or video recordings may be used for the
following purposes:
Promotional purposes both in-house as well as via the internet
Educational purposes
Any and all promotional purposes.
By signing this release I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet.
There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.
DRESS CODE
Proper athletic attire is required. No street clothes or shoes are permitted in the fitness area unless expressly approved in advance by a Sonic Yoga employee. Sonic Yoga has the right to prevent the participation in a class if proper attire is not worn.
PROHIBITED ACTIVITIES
Alcohol, drugs (including steroids), and smoking are prohibited within the Sonic Yoga facility. You agree not to use the Sonic Yoga facility or engage in any Sonic Yoga-related activity under the influence of drugs, alcohol or medication that may impair your ability to participate in the applicable activity or operate any equipment. No weapons of any kind are allowed. No photography, videotaping, filming or audio recording is permitted within the Sonic Yoga facility without the express written consent of Sonic Yoga’s management. Sonic Yoga reserves the right, in its sole discretion, to limit the consumption of food or beverages, or to the use of outside equipment within the Sonic Yoga facility.
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 facility of Sonic Yoga may involve strength, flexibility, aerobic, cardio and/or other exercises, including the use of equipment, all of which can be potentially hazardous activities that naturally involve the risk of injury to you, whether you or someone else cause it. You hereby agree that you understand and voluntarily accept this risk. In addition, you represent that you are 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 which would cause increased risk of injury or adverse health consequences as a result of engaging in active or passive exercise.
You hereby acknowledge and agree that Sonic Yoga 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 Sonic Yoga, anyone providing services on Sonic Yoga behalf or anyone else using the Sonic Yoga facility and you release Sonic Yoga from any liability related to any such injury. All sessions, classes, use of Sonic Yoga studio facility, use of Sonic Yoga’ studio-provided equipment (whether during a class or otherwise), use of any apparatus located within a Sonic Yoga facility or use of any other Sonic Yoga 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 Sonic Yoga 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 facility of Sonic Yoga regardless of whether the injury or damages were caused by the negligence of Sonic Yoga, its employees or its agents. This waiver of liability and release specifically applies to claims of negligent instruction and/or supervision that may arise as a result of injuries sustained during classes or individual training sessions. Although Sonic Yoga 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 Sonic Yoga will not be responsible for any injuries or damages arising from your engagement in any activities at any Sonic Yoga studio regardless of whether they were caused by the negligence of Sonic Yoga, its employees or its agents. You acknowledge and agree that this waiver of liability and release applies to any and all incidents occurring on any Sonic Yoga owned, operated or controlled premises, including slip or trip and fall incidents, regardless of the cause. You further acknowledge and agree that Sonic Yoga 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 Sonic Yoga or any other party. The scope of this waiver of liability and release specifically includes any and all injuries sustained on the premises of any Sonic Yoga facility and during any event or program organized or operated by Sonic Yoga away from its facility, 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 Sonic Yoga for injuries arising out of the use of the Sonic Yoga facility or its services.
This waiver of liability and release is intended to be interpreted as broadly as allowed under the law of the state where the Sonic Yoga facility is located.
WAIVER OF CLAIMS RELATED TO DEFECTIVE EQUIPMENT
You understand and acknowledge that Sonic Yoga does not manufacture any of the fitness or other equipment at its facility, but purchases or leases equipment from third parties. As such, you acknowledge and agree that Sonic Yoga is solely providing recreational services and may not be held liable for defective products.
WAIVER OF CLAIMS FOR THIRD PARTY SUPPLIERS
From time-to- time, Sonic Yoga makes arrangements with accommodation providers, activity providers and other independent parties (“Third Party Suppliers”) to provide you with certain programming. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of services that form part of such programing. Although Sonic Yoga takes all reasonable care in selecting Third Party Suppliers, Sonic Yoga is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and, therefore, cannot be responsible for their acts or omissions. Such services provided are subject to the conditions imposed by the Third Party 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 Third Party Suppliers. You acknowledge that Third Party Suppliers are individually responsible to operate in compliance with the applicable laws of the countries in which they operate and Sonic Yoga does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to this Agreement, your use of the Sonic Yoga facility or services, brochures or any other literature concerning Sonic Yoga services or facility 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 New York State 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 New York City 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 New York City using one arbitrator pursuant to the then existing rules of the American Arbitration Association; (4) the maximum amount of recovery to which you may be entitled under any and all circumstances will be the amount you have paid to Sonic Yoga in the 12 months prior to the date of the claim. This agreement to arbitrate does not waive or modify any liability release agreed to by you. Arbitration against Sonic Yoga must be commenced within one year following the date of the incident giving rise to the claim. Neither Sonic Yoga nor any of its affiliates, employees or agents 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 with respect to the subject matter hereof and supersedes any prior agreement or understanding between you and Sonic Yoga with respect thereto. Sonic Yoga has made no express or implied warranties or representations other than those expressly set forth in this Agreement to induce you 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 Sonic Yoga and you may change the terms of this Agreement. Sonic Yoga employees are not authorized to make any independent agreements with any member.
If Sonic Yoga does not enforce any right in the Agreement for any reason, Sonic Yoga 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 such unenforceability shall not affect other provisions of this Agreement.
This Agreement may be executed in one or more original or electronic counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument.
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.