Terms of Service
Terms and conditions of the Modo Yoga NYC Auto-Renew Membership (“Membership Agreement”):
·I hereby grant Modo Yoga NYC LLC (“MYNYC”) express permission to charge my credit card a monthly fee of $175 (Freedom) or $125 (Standard) in exchange for unlimited access to MYNYC classes. I understand that participation in MYNYC classes is subject to my observance of MYNYC’s standard policies.
·I hereby agree and understand that this Membership Agreement requires an initial commitment of four monthly payments. If I choose to cancel my membership prior to making four monthly payments, I will be charged an early cancellation fee of $200.
·I hereby agree and understand that once I have made four monthly payments pursuant to this Membership Agreement, I may cancel my Membership Agreement without incurring any additional fees or penalties by providing MYNYC with written notification of my cancellation request at least 1 month in advance of my next pre-authorization payment date by filling out the “Cancel Account” form at https://modoyoga.com/nyc/my-account/. I will remain responsible for any outstanding dues or fees owed in connection with my Membership Agreement notwithstanding such cancellation.
·I hereby agree to inform MYNYC of any change in my credit card information (i.e. expiration date, new account number, etc) at least 5 days in advance of my next pre-authorized payment date by emailing firstname.lastname@example.org.
·I hereby confirm that I am the authorized cardholder of the provided credit card account and that the provided credit card account is in good standing.
·I hereby understand that I may request a suspension (“Suspension”) of this Membership Agreement should I wish to place my membership on temporary hold, without cancellation, during a time when I am unable to attend MYNYC classes. To qualify for a Suspension, the requested hold period must be a minimum of 14 days and a maximum of 90 days, and the request must (1) be requested online at https://modoyoga.com/nyc/my-account/, and (2) must specify the date on which I wish the Suspension to begin (“Suspension Start Date”) and the date on which I wish the Suspension to end (“Suspension End Date”).
·I hereby understand that for a minimum of 14 days after the Suspension Start Date, I will not be charged under the Membership Agreement, and I will not be permitted to attend MYNYC classes pursuant to this Membership Agreement (however I may purchase classes separately during a Suspension period if so desired). I hereby agree and understand that I will incur a $25 fee for each Suspension request (after the 1 free request available every 6 months). There is no limit to the number of Suspension I may request under this Membership Agreement.
·I hereby understand that this Membership Agreement does not give me priority over any other MYNYC class participants and that class capacity is limited.
·I hereby understand that NYNYC holds monthly Karma classes. These are donation classes with a minimum suggested donation of $10, where ALL proceeds go to a chosen charity. My Membership Agreement does not act as a substitution for a donation, however, I may choose to donate ANY amount that I wish.
AWARENESS OF RISKS
·I acknowledge that the instruction offered by Modo Yoga NYC* is limited to that of instruction in basic yoga and fitness training.
·I acknowledge that there are risks associated with participation in the activities and programs offered or sponsored by Modo Yoga NYC. I have informed myself and understand the risks associated with my participation in these activities and programs and (where applicable) my use of the facilities, including the risk of personal injury, and I freely accept these risks.
·I understand that I am free to withdraw from or reduce my participation in the activities and programs offered or sponsored by Modo Yoga NYC at any time.
·I am not aware of any medical condition that would affect my ability to participate in the activities and programs offered or sponsored by Modo Yoga NYC. If I have any concerns about my medical condition. I will consult with my physician before participating in the activities and programs offered or sponsored by Modo Yoga NYC.
RELEASE AND WAIVER.
·In consideration of participating in health or fitness club activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Modo Yoga NYC LLC and its owners, directors, officers employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
·I acknowledge that health or fitness club activities involve known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, musculoskeletal injuries, broken bones, and/or overuse injuries, injuries caused by equipment that breaks or otherwise fails; death as a result of drowning or brain damage caused by near drowning; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
·I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
·I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
·I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
·In the event that I file a lawsuit, I agree to do so solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.
·I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
·I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
* Modo Yoga NYC means Modo Yoga NYC, LLC., its officers, directors, shareholders, employees, contractors and instructors.