Monthly Membership Terms and Conditions
MEMBERSHIP AGREEMENT- EFFECTIVE SEPTEMBER 1st, 2018
- About this Agreement: (the “Agreement”). The Member is referred to as “you” or “the Member” and Yoga Tree is referred to as “us”, “we” or “Yoga Tree”. This Agreement is legally enforceable. There are terms and conditions on the reverse. Please read everything carefully. This contract is subject to the Consumer Protection Act (Ontario)(the “Act”). Any waiver or limitation of your rights in this Agreement applies only to the extent permitted by the Act.
- Our Responsibilities: Under this Agreement, you have the right during the term to use the facilities and services which you purchased during our posted hours of operation at the Yoga Tree studio at the address above, and any affiliated Yoga Tree studio which you are entitled to access under your permitted reciprocity rights (the “Studio”). The facilities and services which you have purchased are access to the Studio including but not limited to use of a) regularly scheduled group yoga classes and b) washroom/change room facilities.
- Your Responsibilities: Under this new Agreement you agree: a) to pay us all sums, fees, charges and taxes (13% HST) as specified in this Agreement (the “Fees”) when due, irrespective of the amount of use you make of the Studio; b) to all of the terms and conditions which are set out in this Agreement, c) to follow our rules, policies and regulations (“Rules”) which may be posted at the Studio or otherwise communicated to you from time to time; and d) to immediately notify us in writing of address (including e-mail address) changes and of any other personal information changes.
- Pre-Authorized Payment Agreement: You agree to pay the Fees every month on the Auto-Renew Date (as defined below) and authorize Yoga Tree to present transactions for payment against your account. In consideration of Yoga Tree acting as directed, you agree that Yoga Tree’s treatment of your credit card information and our rights to it shall be the same as if it were personally signed by you. The pre-authorized payment shall be drawn on your account to cover all Fees including membership fees and HST as required by Ontario Ministry of Revenue and Canada Revenue Agency. Yoga Tree will not reduce, discount, credit or cancel your obligation because you do not use the Studio.
- Term and Renewal: Your membership commences on the date of the agreement and will auto-renew as a contract of successive monthly membership and such date may be updated as agreed to between you and Yoga Tree (the “Auto-Renew Date”).
- Cancellation of this Agreement: The Agreement will not be renewed or extended if, at least 2 weeks before the Auto-Renew Date, you notify us in person by completing and submitting to Yoga Tree a cancellation form in-person at the Studio, that you do not want to renew or extend the Agreement. If immediate cancellation is required, a fee of $50+HST will apply to cancel within the 2-weeks cancellation period. Phone and verbal cancellations are not accepted. Please retain your receipts for your records.
- Dishonoured Credit Card Charge: Returned payments and any late charges will be automatically charged to your credit card account at a fee of $10 per dishonoured charge. Please present your credit card to Yoga Tree for the monthly auto-renew payment. Your credit card information is secure and stored in an encrypted system by Mindbody Online. To cancel, please complete cancellation form in person at the studio, refer to cancellation policy in paragraph 6 (Cancellation of this Agreement) above.
- Membership Holds: Members who have completed a minimum 4 months on their month-to-month membership are eligible for a complimentary hold. Members who have completed less than 4 months of month-to-month membership may put their membership on hold for a fee of $10/hold. Holds must be a minimum of 7 days in length. More than one hold is permitted provided that the combined total of all holds does not exceed 60 days per the calendar year. Minimum Notice for Membership Holds: 72 hours advance notice must be provided in person or email to email@example.com. Holds will not be considered processed until you receive a hold confirmation number from Yoga Tree. Holds cannot be backdated. Medical Holds: With a note from your attending physician, we can freeze your membership for a maximum of 12 months. No service fee or monthly dues apply for medical holds on your auto-renew memberships. Visit our studio in person to complete proper documentation to request for a medical hold.
- Changes in Fees: Yoga Tree reserves the right to determine the amount and terms of payment for monthly fees and any other fees, including service, late or hold fees (set forth in studio policies), all of which dues and fees may be increased in Yoga Tree’s sole discretion. Yoga Tree may provide you with 30 days notice for any price increase. If you wish to terminate this Agreement as a result of the price increase, you must notify Yoga Tree as required under paragraph 6 (Cancellation of this Agreement), such cancellation must be received at least 2 weeks before the Auto-Renew Date. All government taxes includes (HST) are in addition to and will be automatically added to all payments.
- Membership Cards and Access: We will issue you a membership card (the “Card”). You need it to enter the Studio. The Card belongs to Yoga Tree and is for your personal use only. If anyone else uses it we may cancel your membership immediately with no refund. Lost, stolen, or destroyed Cards will be replaced for a fee payable by the Member of $5.
- Studio policies, Membership Termination or Suspension by Yoga Tree: You understand that Yoga Tree retains complete control over all matters affecting or relating to its members and fees, including but not limited to membership fees, access, prices, services, products, classes, workshops, events, amenities or benefits, all of which are subject to change at any time without notice. You will comply with Yoga Tree’s policies, procedures, rules, and regulations, whether set forth on paper, verbally, in club signage or online at yogatree.ca. Yoga Tree may change, modify or otherwise alter any fees, rates and policies at any time without notice. I understand that Yoga Tree may in its sole discretion terminate or suspend my membership or any aspect thereof, for any reason, including but not limited to any conduct by me, that violates any studio policies or that Yoga Tree determines to be improper, inappropriate, or contrary to its best interests.
- Reservation of Rights: We reserve the right to cancel any membership without cause, in which event you will be entitled to a refund only of unused prepaid instalments, if any. We reserve the right at any time to change our hours of operation, and to change the cost of, add, modify and/or eliminate any program or class of service.
- Independent Contractors: The services of independent contractors (such as registered massage therapist, physiotherapists, etc.) may be available at the Studio. These services are not offered by Yoga Tree nor do they form part of this Agreement. You must make a separate agreement with an independent contractor if you wish to purchase his/her services.
- Your Rights under the Consumer Protection Act, 2002. You may cancel this agreement at any time during the cooling period, which ends ten (10) days after the date of purchase. You do not need to give Yoga Tree a reason for cancelling during this 10-day period. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this agreement, you must give notice of cancellation to Yoga Tree in person by completing a cancellation form, at the address set out in the agreement. If no address is set out in the agreement, use any address Yoga Tree has that is on record with the Government of Ontario or the Government of Canada or is known by you. Please retain a copy of the cancellation form for your records. This 10-day cooling period only applies to auto-renew contracts for yoga-related services with a value of over $50 per month. This does not apply to merchandise, gift cards or other packages available for purchase at Yoga Tree. If the auto-renew contract has been activated and the member has already taken classes, they are no longer entitled to a full refund. A partial refund will be offered (or an amount equal to the remaining portion of the fee collected) within the cooling period (10 days from purchase date) as stated on Consumer Protection Act, 2002. The refund will be processed and returned to you within 15 days if they choose to cancel.
- Governing Law: This Agreement is governed by the laws of Ontario and the laws of Canada applicable therein.
I, the Member, have carefully read the terms and conditions of this Agreement. I understand I may access a copy of this Agreement under my account on the Yoga Tree site and/or by request to Yoga Tree. I confirm that no verbal representations or warranties have been made to me which have not been confirmed in writing in this agreement and that this written Agreement accurately sets out the entire agreement between Yoga Tree and I. I understand the terms and conditions and agree to be bound by them.