The Portland Yoga Project, LLC, provides yoga, barre, bodywork and other activities to promote fitness, wellness, and education. The Portland Yoga Project’s studio hours vary day to day, but the studio is generally open between 6:00 a.m. and 7:00 p.m. on weekdays and closes earlier on the weekends.
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.
If the “Monthly” option is selected, you understand and agree that this Agreement provides for a month-to-month membership with recurring monthly dues and fees (“monthly unlimited classes auto renew”). 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. There is a three month minimum commitment for the month-to-month membership.
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.
MEMBERSHIP SUSPENSION POLICY
If you are a member in good standing, The Portland Yoga Project permits you to temporarily suspend your membership upon request to The Portland Yoga Project at least 14 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 be suspended for a minimum of 1 month and a maximum of 3 consecutive months; and (2) 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 any of the The Portland Yoga Projects’ facilities 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.
To cancel this Agreement for any reason including disability, death or moving more than 25 miles from a The Portland Yoga Project studio, you must provide written notice of cancellation at least 14 days prior to your next scheduled payment.
You may cancel a monthly membership at any time for any reason after the initial three month commitment (e.g., disability, death or relocation) by sending written notice of your desire to cancel at least 14 days prior to your next scheduled EFT Amount debit date. If you submit written notice less than 14 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.
Drop-In & Class Pass Purchases
If you purchased a single class drop-in, please note the class expires after 14 days. If you purchased a class package, please note the 5-class package expires 2 months from activation and the 10-class package expires 4 months from activation. If you purchased a student 5 or 10 class package please bring your student ID for your first visit.
If you purchased a 30-for-30 new member special it cannot be combined with any other specials. Intro Special may only be purchased one time per person.
If you purchased a monthly membership certain restrictions may apply. Portland Yoga Project merchandise or services and cannot be redeemed for cash. 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.
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 or Intro Special 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.
LOSS OR THEFT OF PROPERTY
The Portland Yoga Project is not responsible for lost or stolen property. Storage spaces (including areas for mat storage) are offered without any representation that they will be effective in protecting valuables.
In addition to the rules set forth herein, The Portland Yoga Project may, from time-to- time, post at The Portland Yoga Projects’ facilities, or issue orally or in writing, additional rules that the members must obey for general safety reasons and mutually respectful use of the facilities.
CLASS CANCELLATION POLICY
When signing up for a class, please note that you have a 4-hour window of time prior to the start of class to cancel without penalty. Any cancellation within the 4-hour window will result in a charge as if you attended the class.
Monthly members who sign up for class but do not attend or late cancel will be charged $5 for each class missed or late-cancelled. All class pass members who late cancel will lose that class. All intro specials who late cancel will lose a day on the end of their 30 day period.
Monthly Unlimited Members may be allowed to bring guests under certain conditions, however, all guests must sign a liability waiver prior to using The Portland Yoga Projects’ facilities.
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 The Portland Yoga Project. Normal fees apply. The Portland Yoga Project reserves the right to discontinue usage for a child who is unsupervised.
Proper athletic attire is required. No street clothes or shoes are permitted in the fitness area unless expressly approved in advance by a The Portland Yoga Project employee. The Portland Yoga Project has the right to prevent the participation in a class if proper attire is not worn.
Alcohol, drugs (including steroids), and smoking are prohibited within The Portland Yoga Projects’ facilities. You agree not to use any of The Portland Yoga Projects’ facility or engage in any The Portland Yoga Project-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 Portland Yoga Projects’ facilities without the express written consent of The Portland Yoga Projects’ management. The Portland Yoga Project reserves the right, in its sole discretion, to limit the consumption of food or beverages, or to the use of outside equipment within The Portland Yoga Projects’ facilities.
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 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 behalf or anyone else using The Portland Yoga Projects’ facilities and you release The Portland Yoga Project from any liability related to any such injury. All sessions, classes, use of The Portland Yoga Projects’ studio facilities, use of The Portland Yoga Projects’ studio-provided equipment (whether during a class or otherwise), use of any apparatus located within The Portland Yoga Project facility or use of any other The Portland Yoga Project 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 The Portland Yoga Project 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 The Portland Yoga Project regardless of whether the injury or damages were caused by the negligence of The Portland Yoga Project, 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 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 at any The Portland Yoga Projects’ studio regardless of whether they were caused by the negligence of The Portland Yoga Project, 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 The Portland Yoga Project owned, operated or controlled premises, including slip or trip and fall incidents, regardless of the cause. You further acknowledge and agree that The Portland Yoga Project 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 The Portland Yoga Project 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 The Portland Yoga Project facility and during any event or program organized or operated by The Portland Yoga Project 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 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.
WAIVER OF CLAIMS RELATED TO DEFECTIVE EQUIPMENT
You understand and acknowledge that The Portland Yoga Project does not manufacture any of the fitness or other equipment at its facilities, but purchases or leases equipment from third parties. As such, you acknowledge and agree that The Portland Yoga Project 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, The Portland Yoga Project 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 The Portland Yoga Project takes all reasonable care in selecting Third Party Suppliers, The Portland Yoga Project 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 The Portland Yoga Project does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
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.