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STUDIO AGREEMENT

Why You’re Reading This Document

The following Studio Agreement (the “Agreement”) will clearly communicate our expectations in having you as part of our community. If you have any questions please let us know as we want to make sure we are all on the same page moving forward. 

In exchange for membership access to Bikram Yoga Simsbury’s classes and studio, you agree to be bound by the following conditions.

1.     Parties. This Agreement is made between Bikram Yoga in the Valley Simsbury LLC, a Limited Liability Company operating out of the State of Connecticut (“Bikram Yoga Simsbury”, “we”, “our”, and “us”) and you, the undersigned (electronically) or person who has clicked “I Agree” to this Agreement (“you” and “your”). 

2.              Services. We promise to provide you with access to our studio and the full use of our facilities, as well as access to our regularly scheduled classes (either online or in-person) at Bikram Yoga Simsbury (the “Membership”) according to the terms outlined in Schedule “A” below. Schedule “A” outlines the current Membership offerings, which are subject to change. This Agreement applies to any active Membership.  

3.              Term + Termination. This Agreement will be binding upon your Membership payment and will last for the time specified online or between us (the “Term”). You can decide to renew the Term of this Agreement as many times as you would like. 

1.     Please note that if you violate any of the terms of this Agreement, Bikram Yoga Simsbury may terminate this Agreement effective immediately and you will not be entitled to any refunds or any continued working relationship with Bikram Yoga Simsbury. 

4.              Our Commitment to You. At Bikram Yoga Simsbury, we approach wellness differently. We provide options to calm your mind, turn down the noise, and listen to your body.  Through your Membership, Bikram Yoga Simsbury is committed to providing you with transformational fitness modalities and holistic product offerings to help you redefine and reclaim wellness.

5.              Scheduling. You Must Register Online for Class. Please consult Bikram Yoga Simsbury or refer to our available schedule of classes for the exact scheduling and time of our classes. 

6.              Late Cancel + No Shows. You must cancel your online registered class 12 hours before class begins or you will be charged a late cancelation fee of USD $27. If you do not show up for your registered class, you will be charged a USD $27 no-show fee. Any subsequent changes to the fee price will not affect the validity of this Agreement.

7.              Payment. You agree to pay the price, including the possibility of incremental payments (“Incremental Payment”), of the Membership as outlined below in Schedule “A” (the “Payment”). The Payment price outlined in Schedule “A” is subject to taxes and additional fees. Any subsequent changes to the Payment price will not affect the validity of this Agreement.

1.     Payment is due upon completed purchase of the Membership and must be made in full prior to the start of your Membership. 

8.              Incremental Payments. If your method of Payment includes Incremental Payments, you authorize Bikram Yoga Simsbury to maintain your account information and charge that account automatically upon the renewal of the Membership with no further action required by you. 

1.     Bikram Yoga Simsbury will charge your method of payment as outlined in Schedule “A” for the Incremental Payment. 

9.              Cancellation. To cancel your Membership, please note the following. Please provide 30 days notice in writing sent to studio@bikramyogasimsbury.com 

10.           Refunds. Our refund policy is as follows: All sales are final. Memberships are non-refundable and non-transferable.

11.           Legal Fees. The cost of any legal fees regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment), you will be responsible for any and all legal fees incurred by Bikram Yoga Simsbury.

12.           Payment Failure. In the event that your Payment fails, your Membership access will be temporarily suspended until we receive your Payment. In the event of three failed payments, you understand that Bikram Yoga Simsbury may contract a collection agency to collect the money from you. 

13.           No Guarantees. Bikram Yoga Simsbury cannot guarantee any particular success from participating in our classes or from our Membership. We promise to provide you with the opportunity, classes and support to achieve your goals, but any success and results ultimately depends on your commitment.  

14.           Code of Conduct. You agree to be mindful and respectful during the classes and duration of your Membership. This includes respecting other members of Bikram Yoga Simsbury in their fitness journey and taking care when using the facilities and studio space. 

15.           Studio Closure. If our studio and facilities are forced to close due to the current COVID-19 situation, a natural disaster, or other unavoidable circumstance, the Membership continues with online content.

16.           Force Majeure. Bikram Yoga Simsbury will not be liable for any failure or delay regarding the Membership if such failure or delay is: beyond the reasonable control of Bikram Yoga Simsbury, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.

17.           Substitute Services. Bikram Yoga Simsbury has the right to substitute services. This means that if we ever need to switch to online classes or virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in person classes.

18.           Waiver. Before your Membership can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.

19.           COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in any of the Membership activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health and ability to partake in the Membership activities, please consult with your doctor and we urge you not to visit our studios or facilities. We are all in this together and it is important that we follow guidelines on social distancing, hygiene practices, and act with kindness and responsibility towards each other in order to ensure everyone’s safety. 

20.           Media Release. We think you’re gorgeous and would love to show you off! By being a member at our studio and through your Membership, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, audio recordings of you captured in our studio or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. Please let us know If you ever want us to stop using an image of you.

21.           General Indemnity. You hereby fully indemnify Bikram Yoga Simsbury and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Indemnified Parties”) and save harmless the Indemnified Parties from any losses, claims, damages, actions, causes of action, costs and expenses that an Indemnified Party may sustain, incur or suffer at any time, which are based upon, arise out of or occur, directly or indirectly, by reason of any act or omission by you arising out of the performance of the Membership, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of Bikram Yoga Simsbury’s negligence, provided that where Bikram Yoga Simsbury has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.

22.           Standard Legal Things. Jurisdiction. This Agreement will be governed exclusively by the laws of the State of Connecticut. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by us of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement. 

Thank you for taking the time to read this. Let’s begin!

SCHEDULE “A” MEMBERSHIPS

The following Membership plans are our currently active Memberships. The Memberships and the cost of Membership are subject to change, at Bikram Yoga Simsbury’s discretion.

3-month Commitment Grandfather Membership

Cost $ USD 99

Details 3-month commitment - Price will not change as long as you never cancel

Renewal Monthly, automatically

New Clients Membership

Cost $ USD 99

Details Only available to new clients during the 21-day introduction program  If this Membership is cancelled it can no longer be purchased at the new client price The introduction program can only be purchased once

Renewal Monthly, automatically

3-month Autopay Membership

Cost $ USD 129

Details Membership cancellation available after 3 months  After cancellation, sign up is available at the new current autopay price 

Renewal Monthly, automatically 

Annual Membership

Cost $ USD 1250

Details 1 year access to all our classes

Renewal No renewal

10 Class Card Membership

Cost $ USD 185

Details Expires 1 year from date of purchase

Renewal No renewal 

30 Day Unlimited Membership

Cost $ USD 180

Details Expires 30 Days from date of first class with this plan

Renewal No renewal 

3 Month Unlimited Membership

Cost $ USD 450

Details Expires 3 Months from date of first class with this plan

Renewal No renewal 

6 Month Unlimited Membership

Cost $ USD 774

Details Expires 6 Months from date of first class with this plan

Renewal No renewal 

Date: January 19, 2021 

 

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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