STUDIO MEMBERSHIP POLICIES

 
 

The Portland Yoga Project, LLC, provides on-demand and in—studio yoga & barre classes.

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 The Portland Yoga Project’s studios. Special events, workshops and teacher training sessions require additional payments and/or agreements for access. Your membership dues are based on a period of time and are in no way related to or adjusted based on actual usage of The Portland Yoga Project’s studio. You have provided The Portland Yoga Project 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, workshops, special events, retail apparel, and other similar items, shall be paid by cash or credit card in additional transactions. The Portland Yoga Project may, but is not required to, charge such additional amounts to a credit card that you direct The Portland Yoga Project to maintain within the The Portland Yoga Project point of sale system for purposes of facilitating additional transactions upon your written or verbal authorization to do so.

COMMITMENT

  • Three month commitment

  • Membership is a monthly auto-draft from your debit or credit card

  • Membership continues after the three month commitment until you cancel

TERMS

  • Membership can be canceled after the third month with a 14-day notice. If the billing date falls within the 14-day notice you will be charged for that month’s payment

  • To cancel you must fill out the form below

  • Members can freeze/pause their membership for a minimum of 30 days and a maximum of 90 days with a 14-day notice. If the billing date falls within the 14-day notice you will be charged for that month’s payment.

  • to freeze/pause your membership you must fill out the form below.

  • WHILE YOUR MEMBERSHIP IS ON FREEZE/PAUSE YOUR CARD WILL BE CHARGED A $15 MAINTENANCE FEE/MONTH ON YOUR BILLING DATE

If you would like to suspend or cancel your membership, please contact us here or click the button below.

MEMBERSHIP BENEFITS

  • 2 free guest passes every month. These passes must be used on new students of PYP only.

  • Discount on select workshops

  • Discount on select merchandise

  • Free mat storage

PYP On-Line Memberships

By signing up for any of our PYP On-Line Membership you are agreeing to a re-occurring auto-deduct payment from the provided credit card. Cancellations can be done at any time by you the consumer, via your Memberspace account. All PYP On-Line Memberships are non-refundable. Please do not share your personal log-in information with anyone else. Each membership is designed to be used by the owner of the log-in information.

Right to Modify Dues and Fees

The Portland Yoga Project reserves the right to modify your dues at any time upon 30 days prior written notice. If you have a prepaid membership, The Portland Yoga Project may not modify the amount of your prepaid dues before the expiration of the current term.

Refunds

Requests for a refund of dues will not be honored due to your non-use other than a pre-approved membership suspension. 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.

Workshop Policy

Full payment is required to reserve a space in workshops. The Portland Yoga Project is not responsible for any and all costs incurred for travel arrangements or accommodations related to any events. Please note that there will be no refunds granted for workshops purchased.

Termination for Cause: The Portland Yoga Project 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 The Portland Yoga Projects’ membership policies or rules or violate any part of this Agreement; or (4) your conduct is improper or harmful to the best interests of The Portland Yoga Project or its customers as determined by The Portland Yoga Project in its sole discretion.

Termination without Cause: The Portland Yoga Project may terminate your membership without cause or for any reason not stated above.

Effective Date of Termination: In the event that The Portland Yoga Project elects to terminate your membership as set forth herein, such termination will be effective on the date The Portland Yoga Project 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 all The Portland Yoga Project facilities ends. If you owe any amounts to The Portland Yoga Project, The Portland Yoga Project 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 The Portland Yoga Project 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.



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 Portland Yoga Project 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 The Portland Yoga Project 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 The Portland Yoga Project, anyone providing services on The Portland Yoga Project. Although The Portland Yoga Project 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 The Portland Yoga Project will not be responsible for any injuries or damages arising from your engagement in any activities during classes, whether they were caused by the negligence of The Portland Yoga Project, its employees or its agents.

You expressly acknowledge and agree that by electronicallysigning or otherwise electronically accepting and agreeing to this Agreement you are relinquishing all rights you may have to sue The Portland Yoga Project for injuries arising out of the use of any The Portland Yoga Project 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 where your primary The Portland Yoga Project facility is located.

DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to this Agreement, your use of The Portland Yoga Project facilities or services, brochures or any other literature concerning The Portland Yoga Project services or facilities 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 Maine 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 Maine 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 Maine 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 The Portland Yoga Project 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 The Portland Yoga Project must be commenced within one year following the date of the incident giving rise to the claim. Neither The Portland Yoga Project 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 The Portland Yoga Project with respect thereto. The Portland Yoga Project 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 The Portland Yoga Project and you may change the terms of this Agreement. The Portland Yoga Project employees are not authorized to make any independent agreements with any member.

If The Portland Yoga Project does not enforce any right in the Agreement for any reason, The Portland Yoga Project 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.