Yoga Strong & Barrefly Membership Agreement
This Membership Agreement is between Yoga Strong and Barrefly LLC and you, the Buyer. It is agreed by Yoga Strong and Barrefly LLC and the Buyer that the Buyer is purchasing, for the benefit of the Buyer, a fitness program membership from Yoga Strong and Barrefly LLC according to the terms of this entire Membership Agreement.
PERKS: As long as your account is in good standing, you the buyer will receive the following ‘perks’ with your membership:
1. One guest pass per month. These will be recorded on your account and you MUST notify the desk if you are using your guest pass. Guess passes DO NOT roll over to the following month.
2. 15% off of all boutique items and workshops.
3. Free mat rentals in the event that you forget your own.
4. If you are on a single studio membership you are allowed ONE class per day. If you are on the combined studios membership you are allowed one class per day in EACH studio.
MONTHLY AUTO-PAYMENTS: All Yoga Strong and Barrefly LLC agreements not paid in full require scheduled autopay transactions via our credit card processor. It is the Buyer’s duty to keep a current credit or debit card on account. Your account information can be managed via your online Mindbody member account. Our credit card processor will automatically attempt to re-run failed transactions after 24 hours. If you are on the 1 year unlimited contract, you are agreeing to pay 12 payments.
CANCELLATION: You, the Buyer, must commit to paying for 3 months of payment if on the month to month contract. After those 3 payments, the membership becomes month to month and you may cancel at any time. When and if you choose to cancel, you MUST notify us 30 days prior to your next payment date. You may choose to cancel a.) before your 3 month commitment is up or b.) before your yearly contract is up if you move 20 or more miles away from the studio (must send proof), serious illness, or death. Certain circumstances may be agreed upon by Yoga Strong LLC.
To cancel, mail, email or hand deliver a letter to the following address:
5896 Fulton Dr. NW Canton, OH 44718
Email - email@example.com
To be effective, your cancellation must be emailed, postmarked or hand delivered 30 days prior to your next payment date.
Buyer agrees to the following:
1] I understand that my membership will be canceled one month from my next auto-payment date after the cancellation request was submitted. (i.e. if you submit your cancellation request on June 25 and your next auto-pay date is July 1, your one month notice will take effect on July 1 (as long as your July 1 payment is successful) and your membership will be terminated on July 31st.)
2] I understand that I will be charged/debited one final monthly payment for the use of the facility during my one month cancellation period.
3] I understand this payment will be processed upon receipt of termination request. Upon completion of the one month cancellation period, my membership shall then be considered terminated. Should I choose to rejoin Yoga Strong and Barrefly LLC after the termination of my membership, I will have to pay at the then current rate.
SUSPENSION: In the event that you must suspend your membership it will be decided upon with Yoga Strong LLC and the buyer the amount of time to be suspended. You may only suspend for up to six months and the amount of time decided upon will be ADDED onto the end of your contract. Contracts may only be suspended in the event of a serious illness or injury. Other circumstances may be approved by Yoga Strong LLC. Yoga Strong LLC may ask for a doctor’s note if applicable.
REFUNDS: No refunds shall be made for services purchased, except as specifically provided in the Agreement.
BUYER’S DEFAULT: Buyer shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, Yoga Strong and Barrefly LLC shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If Yoga Strong and Barrefly LLC delays or refrains from exercising any rights under this Agreement, Yoga Strong and Barrefly LLC does not waive, nor will Yoga Strong and Barrefly LLC lose these rights. If Yoga Strong and Barrefly LLC accepts late or partial payments from the buyer, Yoga Strong and Barrefly LLC does not waive the right to receive full and timely payments and other charges due under this Agreement.
YOUR HEALTH AND PHYSICAL CONDITION: I confirm to Yoga Strong and Barrefly LLC that I am physically sound and have medical approval to proceed with a normal routine of exercise and that all exercise shall be undertaken by me at my own sole risk. I confirm that I am in good health and have no physical conditions that may be aggravated by my involvement in cardiovascular exercise, weight lifting, weight training, nor do I have physical limitations that would preclude said involvement. I acknowledge Yoga Strong and Barrefly LLC’s recommendation to consult a physician before joining a studio or starting an exercise routine.
IMAGES: I authorize Yoga Strong and Barrefly LLC to take pictures and movies of me and use them on their website and other promotional and educational materials.
ENFORCEABILITY: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. However, Buyer specifically agrees all the terms and conditions are to be enforced and Buyer specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.
ATTORNEY FEES: In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.
IMPORTANT NOTE: Buyer, by agreeing to engage in Yoga Strong and Barrefly LLC Personal Coaching / Fitness offerings and related activities, agrees to release Yoga Strong and Barrefly LLC from liability due to participation.
ACCEPTANCE: By signing this Agreement, Buyer acknowledges that Buyer has read, understood and agrees with all terms and conditions of this agreement and acknowledges the Yoga Strong and Barrefly LLC's recommendation to have this release agreement reviewed by their attorney before signing. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Buyer and Yoga Strong and Barrefly LLC. Yoga Strong and Barrefly LLC has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Buyer to enter into this Agreement. Any conflict between the original Agreement and any copy of the original Agreement, shall be controlled by the original Agreement.
NOTICE: State law requires that we inform you that should you, the buyer, choose to pay for any part of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this gym ceases to conduct business. Health spas do not post a bond, and no other protections may be provided to you should you choose to pay in advance.
Yoga Strong and Barrefly Representative: