THE 405 YOGA VIRTUAL MEMBERSHIP AGREEMENT
VIRTUAL Unlimited - Annual Membership
I hereby express my intent to join 405 YOGA to (among other things) engage in yoga, stretch, and reach for happiness according to this Autopay Membership bargain:
Monthly Membership Due: $197.00
Membership Term: Minimum contract 365 days; (auto renew annually)
Number of Regularly Scheduled Classes included each Month: Unlimited Virtual Classes
BENEFITS OF THE 405 YOGA VIRTUAL MEMBERSHIP:
Includes access to on-demand video library
Includes access to online classes
Discounted Rate for Classes
Unlimited access to regularly scheduled virtual classes
Freedom to pause due to injury or illness (up to 30 days a year), for free
AUTOPAY MEMBERSHIP AGREEMENT
This Agreement for The 405 YOGA Membership is active on the date of purchase. Member hereby authorizes 405 Yoga to charge Member’s credit card on a monthly basis for the purpose of paying dues for services, late fees, services fees, and additional authorized charges, on these conditions:
The items shall be drawn on or about the date listed on your payment plan. The transactions on your bank statement will constitute receipts for payment.
If the regular payments set forth on the payment plan should vary in amount (except pre-authorized additional charges), you are entitled to receive notice ten (10) days prior to said payment.
The privilege of making payments under this agreement may be revoked by 405 Yoga if any items are not paid upon presentation.
If this preauthorized payment arrangement is revoked for any reason, this does not release you from your obligation (payment plan). 405 Yoga reserves the right to change the billing company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and Member agrees to authorize the newly-designated billing company to continue charging Member’s account.
A service fee in the amount of $35 will be assessed and drafted for any check, draft, credit card or order returned for insufficient funds or any other reason. A late fee of $35 will be assessed and drafted should any monthly payments become passed due. 405 YOGA is not responsible for any fees assessed by your bank or credit card provider for lack of funds, overcharges, or any other fees.
Member agrees to notify 405 Yoga promptly if Member’s credit card is lost, stolen, or expired by emailing firstname.lastname@example.org before next scheduled payment. After a second declined charge, 405 Yoga can terminate this Agreement. Member will reimburse fees incurred by 405 Yoga for declined transactions or charge-back claims contrary to the terms of this Agreement.
Should Member default on any payment obligation as called for in this agreement, 405 Yoga will have the right to declare the entire remaining balance due and payable, together with allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorneys’ fees. A default occurs when any payment due under this agreement is more than thirty (30) days late.
At the end of the initial term, the Membership will automatically renew for the same term at the current rate. Renewal terms may be canceled with 30-day written notice emailed to email@example.com. Email must be received within 30 days of next billing date to avoid charges.
MAKING CLASS RESERVATIONS:
To secure a spot in your favorite classes, we encourage you to reserve your spot ahead of time. To make a reservation, please visit 405 YOGA's account or website (405yoga.com).
ARRIVAL TIME FOR CLASS/ LATE ENTRY:
We encourage you to arrive at least 10-15 minutes before your scheduled class to give yourself unrushed time to check-in and get settled before class starts. We cannot always accept late arrivals after class has started, and don’t allow entry 5 minutes after a class begins. If a student does not arrive before the start time of the scheduled class, they are not guaranteed a spot. If the class is waitlisted, students on the waitlist may be given the spot of another student who had pre-registered for the class if that student does not arrive by class start time.
CLASS RESERVATION CANCELLATIONS:
For the sake of our fellow 405 YOGA guests, we ask that you please cancel any class reservations that you can't keep at least 6 hours before class start time. This will ensure that other 405 YOGA guests can use the spot that you weren’t able to use.
The most convenient way to cancel a reservation is to cancel online or through the Mindbody app. Just login to 405 YOGA's MBO, click “My Schedule”, then click “Cancel” for any reserved classes you can’t make.
Cancel By Phone: If you’re in a pinch, running late, or can’t cancel online, you can call to let us know at (405) 778-8905.
MEMBERSHIP FREEZE POLICY
Members may freeze their Membership up to 3 times per year for up to 30 days total. For Members experiencing health conditions that forbid yoga practice, 405 Yoga will allow such Members to freeze Membership for the duration of the condition with the presentation of a corroborating note from a medical doctor. Members deployed to active military duty may freeze Membership for the time deployed. Please email your request and supporting documents to firstname.lastname@example.org.
MEMBER’S RIGHT TO CANCEL
If you wish to immediately cancel this contract or membership agreement, you may cancel by making or delivering written notice to 405 Yoga, 1004 N. Hudson Ave. Ste. 101, Oklahoma City, OK 73102: The notice must say that you do not wish to be bound by the contract or membership agreement and must be delivered or mailed before midnight of the third business day after you sign this membership agreement. The notice must be delivered or mailed to: 405 Yoga, 1004 N. Hudson Ave. Ste. 101, Oklahoma City, OK 73102. You may also cancel this contract or membership agreement if 405 Yoga moves or goes out of business and fails to provide alternative facilities within eight (8) miles of the location designated in this agreement. You may cancel if you become disabled and prove such disability by a doctor's certificate. Your estate may cancel in the event of your death. If you cancel, 405 Yoga may retain or collect a portion of the contract or membership agreement price equal to the proportionate value of the services or use of facilities you have already received. All monies to be refunded upon cancellation of this membership agreement shall be paid within thirty (30) days of receipt of the notice of cancellation. If the Member has executed any credit or lien agreement with 405 Yoga to pay for all or part of 405 Yoga services, any such agreement executed by the buyer shall also be returned within sixty (60) days after such cancellation. No refunds are given on unused memberships.
405 Yoga reserves the right to cancel or suspend Membership privileges at any time, for any reason. If such cancellation or suspension is due to a violation of Studio policies, violation of terms, or damages rendered by Member or Member’s guest, Member is subject to full responsibility of the terms of this Agreement along with a $50 fee and any charges for repairs to damages made. If you wish to cancel this agreement before the end of the scheduled term for any other reason, the Member shall notify 405 Yoga of cancellation in writing, by certified mail, return receipt requested, or personal delivery, to 405 Yoga, 1004 N. Hudson Ave. Ste. 101, Oklahoma City, OK 73102 and pay a cancellation fee of $250 for breaking contract.
SUMMARY OF MEMBERSHIP POLICIES
Member, by executing this Agreement, does hereby join 405 Yoga with a Membership entitling the Member to attend regularly-scheduled classes listed online and at the studio. The monthly charges for such Membership do NOT cover specially-scheduled classes (private classes, workshops, seminars, retreats, special events or teacher trainings) which require extra fees.
Member agrees at all times to abide by all 405Yoga policies, follow the directions of the staff regarding safety and security issues, and treat the staff and other Members with courtesy.
If Member violates this Agreement and the terms contained herein, or any of the rules and regulations for use of the facility, 405 Yoga may suspend the Member’s right to use the facility until such time as the Member provides 405 Yoga with reasonable assurance of future compliance.
Member agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. Member shall not act as a trainer for any other Members or guests and any acts which constitute such business activities are strictly forbidden. If Member engages in such commercial or business activities, Member’s membership shall be subject to immediate cancellation and the contract’s balance declared due and payable in full immediately.
Member agrees that Member shall not use loud or profane language upon the 405 Yoga premises, nor shall Member molest, badger, assault or harass other 405 Yoga Members, guests or employees. If Member engages in such behavior, Member’s membership shall be subject to cancellation and the contract’s balance declared due and payable in full immediately.
Member understands Member may be photographed or video recorded at 405 Yoga. By execution of this Agreement, Member agrees to allow Member’s photo, video or likeness to be used for any legitimate purpose by 405 Yoga, and their respective producers, sponsors, organizers and/or assigns, at their discretion. Member acknowledges that by signing this Agreement, Member gives up all claims of ownership, income, editorial content, and use of such media.
Member understands that any one location of 405 Yoga may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes.
Should a legal dispute arise, the parties agree 405 Yoga shall be entitled to recover all costs and expenses resulting therefrom, including a reasonable amount for attorneys’ fees.
The parties hereby agree that the whole Agreement between Member and 405 Yoga relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express or implied.
Member authorizes 405 Yoga and their authorized designees to contact them by email, telephone, or mail. Subject to applicable law, Member agrees that 405 Yoga or its designees may contact Member at any mailing address, phone number or e-mail address set forth on the face of this Agreement, or any other address subsequently provided to, or obtained by, any such party.
405 Yoga retains the right to modify these policies without warning. Reasonable rules and regulations may be posted at 405 Yoga from time to time and all Members shall be subject to strict compliance therewith.
Client training services provided in this facility may be provided either by employees of 405 Yoga or by independent contractors operating their own business who are retained by 405 Yoga. Regardless, all payments for personal training services are to be made to 405 Yoga, who will pay the trainers as services are provided.
I understand the risk of injury from 405 Yoga activities and using any 405 Yoga equipment may be significant, including the potential for injury or death. I knowingly and freely assume all such risks, both unknown and known.
I acknowledge that I may engage in both privately supervised, group supervised or unsupervised activity and I assume all risks of using equipment, movement or exercise routines or props with or without staff present. In addition I acknowledge that the business may include outdoor activities, which may present risks such as slippery surfaces, uneven surfaces, loose rocks/gravel, unseen landscaping issues or more.
I hereby release, indemnify and hold harmless 405 Yoga and its instructors and contractors, Expressways Rental Properties, CowTinker, and the owners of this business or any other business that may be associated with this company, with respect to any and all injury, disability, death, loss or damage to person or property that may arise out of connection with this business or any use of it’s products, services or classes.
I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that this business is relying on this release in agreeing to enter into this agreement.
I have read the release of liability and assumptions of risk agreement and fully understand its terms and that I have given up substantial rights by signing It and I sign it freely and voluntarily without inducement.
I hereby confirm that I am aware and agree to all additional terms and conditions included in this document.