WAIVER OF LIABILITY
WAIVER OF LIABILITY
Assumption of Risk, Waiver of Liability, Indemnification & Disclosure
I, the undersigned, am participating in yoga classes or services (hereinafter “yoga”) offered by Yonder Yoga Holdings, LLC and its premises, affiliates, facilities, owners, instructors, volunteers, independent contractors, and any other general staff (collectively, hereinafter “Yonder”) entirely at my own volition and assume all risks associated with that choice. I recognize that yoga requires physical exertion which may be strenuous and may cause or aggravate physical injury, and I am fully aware of and willingly assume the risk and hazards potentially involved. I understand that it is my sole responsibility to consult with a physician prior to and regarding my participation in yoga. I represent and warrant that I am physically fit, and I have no medical condition that would prevent my full participation in Yonder or its services. At all times while on the Yonder premises or during yoga, I agree to comply with all Yonder policies, rules, and procedures, whether visibly posted, written, verbal, or otherwise.
Further, I acknowledge the contagious and harmful nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending Yonder, and that such exposure or infection may result in personal injury, illness, permanent disability, or death. I understand that the risk of exposure or infection of COVID-19 while at Yonder may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Yonder and its customers, and hereby agree to assume full responsibility for any risk, injuries, illness, specifically COVID-19, or damages, known or unknown, which I might personally incur as a result of participation in yoga or by my physical presence at Yonder.
I hereby knowingly, voluntarily, and expressively waive, renounce, and disclaim any claim or cause of action I have or may have against Yonder, including but not limited to its owners, officers, directors, partners, volunteers, independent contractors, employees and staff (collectively, “Releasees”) for any and all illnesses, injuries, damages, or death that I, or my family, spouse, estate, heirs, executors, administrators, and assigns may sustain as a result of my participation in yoga or my presence at Yonder.
For myself, my heirs, successors, assigns, and legal representatives, I forever release, waive, discharge, and covenant not to sue Yonder and/or releasees for any injury or death caused by their negligence or other acts occurring before, during, or after yoga.
I covenant that I will not hold responsible or sue Yonder or Releasees for any and all illnesses, injuries, damages, or death that I, or my family, spouse, estate, heirs, executors, administrators, and assigns may sustain as a result of my participation in yoga or my presence at Yonder.
I hereby expressly represent that I have not been diagnosed with COVID-19 and that I exhibit none of the generally associated symptoms attributed to COVID-19 by the World Health Organization and Center for Disease Control, and warrant that I am, to the best of my knowledge, in good health. I further represent that to the best of my knowledge I have not been in contact with or exposed to any persons known to have COVID-19. Additionally, for the safety of others and as a matter of prevention, if such a time arises whereby I learn that I
have or may have been in contact with someone who has been diagnosed with COVID-19, or I personally become diagnosed with COVID-19, I agree to promptly and directly notify Yonder, in writing, within 24 hours.
I have read the above release and Waiver of Liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above and acknowledge that Yonder would not agree to permit me to participate in yoga nor any Yonder services or programs if I elect not to agree to these terms. This waiver shall remain in effect until otherwise noted.
All sales are final. I understand and agree that any and all consideration paid for yoga or other services is non- refundable; such refunds, if any, are made at the sole discretion of Yonder.
TERMS & CONDITIONS
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Yonder Yoga’s website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Yonder Yoga and/or it’s licensors own the intellectual property rights for all material on Yonder Yoga. All intellectual property rights are reserved. You may view and/or print pages from https://yonderyoga.com for your own personal use subject to restrictions set in these terms and conditions.
The following organizations may link to our Web site without prior written approval:
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will: limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
MEMBERSHIP TERMS & CONDITIONS
This MEMBERSHIP AGREEMENT sets forth the Terms and Conditions under which the undersigned individual(s) shall be granted the privileges of membership at Yonder West Midtown, LLC (Hereinafter, “Yonder Yoga”). The individual member(s) acknowledges and agrees that he/she has read and understands this Membership Agreement and will be bound by the terms and conditions set forth below.
• Unlimited yoga classes
• Discounts on Yonder Yoga studio workshops and teacher trainings
• 15% discount on retail (exclusions apply)
• Convenient monthly auto-pay from credit/debit card
• Lifetime locked-in discounted membership rate
Member shall, upon payment of the Membership Dues set forth below, have unlimited access to yoga classes offered by Yonder Yoga located at 2260 Marietta Boulevard NW, Suite 106, Atlanta, GA 30318 and 3872 Roswell Road NE Suite C4 Atlanta, GA 30342 (hereinafter “the studio”).
Upon execution of this Membership Agreement, Member shall pay to Yonder Yoga the Membership Dues pursuant to Member’s chosen membership plan (all outlined below). For auto-renew memberships, any card that has expired or is declined upon auto-renew payment will place the Member’s account on an inactive hold until the payment card is updated.
Members have the option to suspend their membership for a cumulative time of sixty (60) days in one calendar year a maximum of three (3) times for a fee of $10 per suspension period. Suspensions can be placed on a Member’s membership for any personal reason including injury, illness, etc. If Member returns to Yonder Yoga and reinstates his/her suspended membership, the $10 suspension fee will be added back to his/her account. If the Member’s saved credit/debit card declines an on-going suspension charge, the Member’s membership will be canceled after thirty (30) days. Should the Member return to Yonder Yoga and wish to reinstate his/her membership, he/she will be subject to new, market-updated membership pricing as determined by Yonder Yoga.
This Membership Contract is non-refundable. Non-Transferable and Non-Assignable. This Membership Contract may not be transferred or assigned to other students or applied toward other purchases at Yonder Yoga.
• Founding Memberships are available to Yonder Yoga’s first 100 members at a discounted rate of $90 per month.
• Membership starts on the first day Member takes a class with the purchased membership at Yonder Yoga (hereinafter “membership start date”).
• Membership will automatically be renewed at the rate displayed on the buy page.
• 3-month minimum commitment: For the discounted auto-renew membership, Members are contracted to pay for a minimum of 3 months membership. After the 3-month minimum commitment, Members may request to cancel his/her membership in writing 15 days prior to the next billing date by sending an email to email@example.com.
• Should a Member choose to cancel his/her membership before the end of the minimum 3-month commitment, he/she will be obligated to pay any remaining monies owed for the first 3 months.
• Membership starts on the first day Member takes a class with the purchased membership at Yonder Yoga (hereinafter “membership start date”), and the annual price fee is charged on the day the membership is purchased.
• Membership will automatically be renewed at the same rate each year at 365-day intervals from the membership start date.
• Members may request to cancel his/her membership in writing at least 15 days prior to the next billing date by sending an email to firstname.lastname@example.org.
• Should a Member choose to cancel his/her membership before the end of the year-long membership term, he/she will forfeit money paid for the remaining duration of his/her membership.
Member acknowledges and agrees that the practice of yoga includes inherent risks and that his/her membership at the Studio is contingent upon Member’s execution of an Acknowledgement and Assumption of Risks and Release of Liability Agreement, the terms and conditions of which are incorporated into this Membership Agreement as if restated herein in its entirety.
This Agreement may only be modified by the mutual written agreement of both parties hereto. No oral statement shall in any manner modify or otherwise affect the terms and conditions set forth herein.
The parties agree that this Agreement constitutes the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes all previous communications, proposals, representations and agreements whether oral or written relating to the subject matter hereof.
Pursuant to the Fair Business Practices Act, O.C.G.A. § 10-1-393.2, all Georgia health spa/gym contracts must contain the following language:
The Member has seven business days to cancel this contract. To cancel, mail, hand deliver, or email a letter or electronic message to the following address: Yonder Yoga 2260 Marietta Boulevard Suite 106 Atlanta, GA 30318. For electronic service please email email@example.com. Do not sign this contract if there are any blank spaces above. In the event optional services are offered, be sure that any options the Member has not selected are lined through or that it is otherwise indicated that he/she has not selected these options. It is recommended that the Member send his/her cancellation notice by registered or certified mail, return receipt requested, in order to prove that he/she did cancel. If he/she does hand-deliver his/her cancellation, he/she should be sure to get a signed statement from an official of the studio, acknowledging his/her cancellation. To be effective, his/her cancellation must be postmarked by midnight, or hand delivered by midnight, or emailed by midnight on the seventh business day after purchase of his/her contract, and must include all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to the Member.
Member may cancel this agreement within 30 days from the time he/she knew or should have known of any substantial change in the services or programs available at the time he/she joined. Substantial changes include, but are not limited to, changing from being coed to being exclusively for one sex or vice versa. Substantial changes do not include class schedule changes or teacher changes. To cancel, Member must send written or electronic notice of his/her cancellation to the physical or email address provided in this contract for sending a notice of cancellation.
If the Member becomes totally and permanently disabled during his/her membership term, he/she may cancel this contract.
If the Member has a history of heart disease, he/she should consult a physician before joining Yonder Yoga.
If the Member should become deceased during the membership term or any renewal term, his/her estate may cancel the contract.
Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event Yonder Yoga ceases operation and fails to offer an alternate location, substantially similar, within ten miles.
State law requires that we inform the Member that should he/she choose to pay for any part of this agreement in advance, he/she must be aware he/she is paying for future services and may be risking loss of his/her money in the event this studio ceases to conduct business. The Studio does not post a bond, and no other protections may be provided to him/her should he/she choose to pay in advance.