Terms of Service & Waiver
Effective Date: January 2023
THIS AGREEMENT APPLIES TO ANYONE WHO PURCHASES ANY TYPE OF PACKAGE OR MEMBERSHIP FROM WEST SIDE YOGA. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE AT ANY TIME, WITHOUT PRIOR WRITTEN NOTICE TO YOU. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO WEST SIDE YOGA’S WEBSITE FROM TIME TO TIME.
Definitions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all agreements:
"Company," "Us," "We," and "Our" refers to West Side Yoga.
"Content" is the information displayed at the Website including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Website.
"Goods" means all goods that We supply and make available to You as detailed in the Invoice.
"Party" refer to either You, or Us, or any other party to this Agreement. "Parties" refer to both You and Us.
"Services" refer to any work We perform for You.
"Supply" means to provide the Goods or Services as per the Invoice.
"You" and "Your" refer to the visitor, user, client, customer or person accessing the Website and thus accepting this Agreement.
Waiver of Liability:
I, (“Participant”) voluntarily agree to participate in a fitness program (“Program”) provided to me by West Side Yoga at 186 Carpenter Street, Providence, Rhode Island and/or off-site. The Program may include, but may not be limited to, resistance training and aerobic or cardiovascular exercise. In consideration of West Side Yoga’s agreement to instruct and train me, Participant does here now and forever release and discharge and hereby hold harmless West Side Yoga and its respective agents, members, managers, contractors, employees, successors and assignees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in this or any Program by West Side Yoga including any injuries resulting there from.
THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF: (1) EQUIPMENT BELONGING TO WEST SIDE YOGA OR TO PARTICIPANT THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT; (3) AND/OR NEGLIGENT INSTRUCTION OR SUPERVISION.
Participant has been informed of, understands and is aware that any Program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. Participant also has been informed of, understands and is aware that any exercise and/or fitness activities involve a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death, and that Participant is voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. Participant hereby expressly acknowledges, assumes and accepts any and all risks of injury, regardless of severity, or death.
Participant has been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. If Participant has chosen not to obtain a physician’s consent prior to beginning this Program with West Side Yoga, Participant hereby agrees that Participant is doing so solely at his/her own risk. In any event, Participant acknowledges and agrees that he/she understands and assumes the risks associated with any and all fitness related activities and/or exercises in which he/she participates.
Participant hereby consents to the use and publication by West Side Yoga of photographs and/or videography which may be taken while participating in the Program and to use and publish Participant’s name, free of charge, for all purposes and in all formats, in connection with any and all promotions, including but not limited to promotional photos and videos, Internet use, social media, slide presentations, advertising or brochure inclusion, and hereby release West Side Yoga, in perpetuity, from any and all present or future claims for compensation or other damages as a result of such use, or from any liability due to any cropping or editing, that may occur, in the taking, processing, editing or publication of such photographs.
PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS THOROUGHLY READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTANDS THAT IT IS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, PARTICIPANT IS WAIVING ANY CLAIM AGAINST WEST SIDE YOGA OR ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, OR CONTRACTORS.
This form is an important legal document. It is critical that Participant has read and understands this document completely. If Participant does not understand any part of this document, it is his/her ultimate responsibility to ask for clarification prior to signing it.
Intellectual Property Rights:
We claim copyright and all other intellectual property rights to all the material on the Website, including, but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings and text. Our intellectual property is protected under copyright, trademark and other intellectual property laws. As part of this Agreement, You agree to not reproduce, distribute, sell, publish or broadcast any of the material found on this Website without Our prior written consent.
Cancellation Policies:
Class credits and memberships are non-refundable, non-extendable, and non-transferable to other persons. They are subject to time limits. Always check your expiration date before and after your purchase.
We have a 6-hour class cancellation policy. You must cancel at least 6-hours prior to your class.
Late cancellation penalty:
For limited class credit holders (drop ins, class packs), late cancellation will result in the loss of the class credit.
For unlimited class holders (memberships) and introductory offer holders, late cancellation will result in a $10 fee.
No-show penalty:
For limited class credit holders (drop ins, class packs), no shows will result in the loss of the class credit.
For unlimited class holders (memberships, intro offers) and introductory offer holders, late cancellation will result in a $10 fee.
We are not responsible for no-shows due to late arrival, and the penalty will still apply. Please arrive for class early or on time.
Membership Policies:
Auto-renew memberships run on the same day of each month.
Membership termination requires at least a 30-day notice prior to the next billing cycle. For instance, if you will be billed on March 1, termination notice must be given by February 1. Termination requests must be submitted in writing via e-mail at info@westsideyogapvd.com
Membership is a 6-month contract and Student Membership is a 3-month contract. During the first 6 months or 3 months of membership, the membership may not be terminated. After the 6-month commitment or 3-month commitment, membership will continue on a monthly basis until specifically cancelled by the membership-holder.
Disclaimer: Schedules, teachers, prices of class credits and credit packages, memberships and/or products are subject to change without notice. Please always check our website for our most current offer and schedule.
Policy on Minors (under 18) in Classes:
Ages 16-17: We allow minors ages 16-17 with permission (signed waiver) from parent or guardian.
Age 16 and under: We do not allow children under the age of 16 in our adult classes.
Contact Us:
If You do not understand any of the foregoing terms and conditions or if You have any questions or comments, please contact Us through West Side Yoga at info@westsideyogapvd.com
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.