Privacy policy / Terms and conditions
This Yoga Studio Service Agreement (this “Agreement”) is entered into between Yihe Bodymotion Studio Inc. (the “Studio”), a company incorporated under the laws of the Province of British Columbia, on the one hand, and the Client, on the other hand. The Studio and the Client may each individually be referred to herein as a “party,” and collectively to as the “parties.” The effective date of this Agreement (the “Effective Date”) will be the date that this Agreement is entered into between the parties.
MEMBERSHIP TERMS AND CONDITIONS
Subject to the terms and conditions of this Agreement, the Client agrees to engage the Studio to provide certain yoga-related services, and make the Studio’s facilities available to, the Client (collectively, the “Services”), and the Studio agrees to provide the Services to the Client.
Types of Services and Plans. The Studio currently offers the following types of Services:
Monthly Plans. The Monthly Plan (the “Monthly Plan”) entitles the Client to attend any group class held by the Studio, and to use the Studio’s facilities, while the Monthly Plan is in effect. The Monthly Plan will begin on the Effective Date and will automatically renew for subsequent month-to-month periods on each one-month anniversary of the start of the Monthly Plan until and unless the Client provides the Studio with no less than 10 calendar days’ written notice of his or her intention not to renew the Monthly Plan before the immediately subsequent one-month anniversary of the Monthly Plan.
Annual Plans. The Annual Plan (the “Annual Plan”) entitles the Client to attend any group class held by the Studio, and to use the Studio’s facilities, while the Annual Plan is in Effect. The Annual Plan will begin on the Effective Date and will automatically renew for subsequent one-year periods on each one-year anniversary of the start of the Annual Plan until and unless the Client provides the Studio with no less than 10 calendar days’ written notice of his or her intention not to renew the Annual Plan before the immediately subsequent one-year anniversary of the Annual Plan.
Packages. The Package Plan (the “Package Plan”) entitles the Client to attend any group class held by the Studio, and to use the Studio’s facilities during those group classes, for the number of times described under the Package Plan.
Private Instructors. Private Classes entitles the Client to one-on-one or small group sessions with a yoga instructor subject to the following terms and conditions:
The Client may designate the instructor he or she wishes to receive private classes from, provided that (A) the designated instructor continues to be employed by the Studio, and (B) the Client and designated instructor are able to meet at a mutually available time.
If the Client has set a time with the Studio in respect of a private class and wishes to cancel the private class, then the Client shall provide the Studio with no less than 48 hours of notice of his or her inability to attend the private class. Otherwise, the Client will be deemed to have attended the private class.
If an instructor is suddenly not available to teach a private class (e.g., due to an emergency), then the Studio shall provide the Client with notice of the instructor’s inability to teach the private class as soon as reasonably possible.
The Client shall complete the private classes within one year of the Effective Date. Otherwise, the Client will be deemed to have completed all the private classes.
Payment for each of the above-referenced plans will be due prior to the Client’s attendance of any classes.
WAIVER AND RELEASE
Assumption of Risk. The Client acknowledges that participating in yoga classes held by the Studio and otherwise using the Studio’s facilities (collectively, the “Activities”) involves physical activities that may carry certain inherent risks and potential for physical injury. The Client is voluntarily participating in the Activities with the knowledge of the dangers involved and accepts full responsibility for any and all injuries or damages that may result from the Client’s participation in the Activities.
Health and Fitness. The Client confirms that he or she is in good physical health and condition and does not suffer from any medical condition which would limit his or her participation in the activities offered by the Studio. The Client agrees and acknowledges that it is his or her responsibility to consult with a physician or other health professional prior to and regarding his or her participation in the Activities.
Release and Waiver. In consideration of being permitted to participate in the Activities, the Client hereby releases, waives, and discharges the Studio, its owners, directors, instructors, employees, and/or agents from any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with the Client’s participation in the Activities, including those allegedly attributed to the negligent acts or omissions of the above-referenced parties, to the fullest extent permitted under applicable laws.
Indemnification. The Client agrees to indemnify and hold harmless the Studio, its owners, directors, instructors, employees, and agents from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including legal fees, arising out of or related to the Client’s participation in the Activities.
Photo/Video Release. The Client consents to the use of any photographs, videos, and/or other recordings taken during the Activities for promotional and marketing purposes by the Studio. The Client waives any right to compensation for such use.
PRIVACY
Personal Information. The Client acknowledges that the Studio may, either through its website (the “Website”), and/or otherwise, collect certain personal information relating to the Client, including, without limitation, the Client’s legal name, address, e-mail address, IP address, phone number, credit card and/or other payment information, and/or health-related information (collectively, the “Personal Information”).
Use of Personal Information. The Client agrees that the Studio may use the Personal Information for its legitimate business use, including, without limitation:
to send the Client promotional materials, newsletters, and/or updates relating to the Services;
to manage and book the Client’s classes;
to process payments relating to the Services on behalf of the Client; and/or
to improve the Services, the Website, and customer experience.
Third-Party Service Providers. The Studio may share the Personal Information with third-party service providers assisting the Studio, inter alia, operate its website, process payments, and/or manage its communications. These third parties are contractually obligated to protect the Personal Information and use it solely for the purposes for which it was provided.
Legal Requirements. The Studio may disclose the Personal Information if required by law.
Data Security. The Studio shall implement reasonable measures to protect the Personal Information from unauthorized access, disclosure, alteration, or destruction. However, the Client acknowledges that he or she is aware that no security measures are completely foolproof, and the Client hereby waives legal recourse against the Studio if the Personal Information is somehow accessed by unauthorized third parties notwithstanding the Studio’s reasonable measures to protect the Personal Information.
Cookies and Tracking Technologies. The Studio may use cookies and/or other tracking technologies in respect of the Website to enhance the Client’s experience, analyze website usage, and deliver personalized content. The Client may control cookies through its own browser settings.
Third-Party Links. The Website may contain links to third-party websites. The Client acknowledges that the Studio is not responsible for the privacy practices or content of these external websites.
Changes to Privacy Policy. The Studio may update its privacy policies from time to time to reflect changes in its practices or legal requirements. The Studio shall notify the Client of any material changes by posting the updated policy on the Website or by sending an e-mail to the address the Client has provided the Studio.
MISCELLANEOUS
Entire Agreement. This Agreement, together with any schedules or exhibits hereto or thereto, represents the entire agreement between the parties and supersedes any and all prior written or oral agreements with respect to the subject matter of this Agreement. No supplement, modification, or amendment to this Agreement will be binding unless it is in writing and executed by the parties.
Governing Law and Forum. This Agreement is governed by the laws of the Province of British Columbia, without regard to its conflict-of-law provisions. If any claim or dispute relating to or arising out of this Agreement cannot be resolved by the parties, then the parties shall submit the dispute to a court of competent jurisdiction located in the Province of British Columbia.
Waiver. No waiver of any term of this Agreement constitutes a waiver of any other provision, whether similar or dissimilar. No waiver of any term constitutes a continuing waiver of that term. No waiver is binding unless signed in writing by the waiving party.
Severability. If any term of this Agreement is for any reason void, voidable, or unenforceable, the remaining portions of the Agreement remain fully valid and enforceable to the fullest extend under applicable laws.
Binding Effect; Assignment. This Agreement binds and inures to the benefit of the parties and their successors and assigns but no party may assign the party’s rights under this Agreement or delegate the party’s obligations under this Agreement to any third parties unless the other parties agree to such an assignment or delegation in writing. Any assignment or delegation that does not conform to this subsection will be null and void.
Construction. The parties acknowledge that they have discussed the terms of this Agreement with each other and have consulted, or had the opportunity to consult, with their respective legal advisors with respect to the terms of this Agreement. Thus, the normal rules of construction of ambiguous terms of an agreement against its drafter will not apply during the resolution of any disputes arising out of this Agreement. The parties have drafted this Agreement together.