TERMS OF SERVICE
Last Updated: February 13, 2023
OVERVIEW – TERMS OF SERVICE
This agreement sets forth the terms and conditions applicable to and governing your access and use of IAM Yoga’s website and any and all websites and apps, whether mobile, tablet, smart watch, or otherwise, of IAM Yoga (collectively, the “Site”) and any of its affiliates or subsidiaries (collectively, “IAM Yoga,” “we”, “us,” or “our”) on which these Terms are posted, including all features, functionalities, services, and content made available through such websites and apps (collectively, the “Digital Properties”).
By using the Digital Properties, or any of the features, functionalities, services, or content made available through the Digital Properties, you are acknowledging that you have read, understand, and agree to these terms and conditions (“Terms of Service,” “Terms” or “Agreement”), including those additional terms and conditions and policies referenced herein or available by hyperlink, and expressly agree that they form a binding contract between you and IAM Yoga. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, or contributors of content.
Please save and read these Terms of Service carefully before accessing or using the Site. You are only authorized to use IAM Yoga Services (as defined below) if you agree to abide by all applicable laws and to these Terms of Service. By accessing or using any part of the Site, including, but not limited to, visiting, using, or contributing the Digital Properties, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you should leave the Site and discontinue use of IAM Yoga Services immediately.
Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to Site following the posting of any changes constitutes acceptance of those changes.
In order to access some features of the website, you will have to create an IAM Yoga account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. You are strictly prohibited from possessing duplicate IAM Yoga accounts where the account holder name, email address, phone number or physical address are the same. IAM Yoga reserves the right to merge such accounts without prior warning. Duplicate accounts that have been used to gain access to promotions or offers that would not have been available to the account holder had the user not been in possession of multiple accounts will get charged for the full value of services received without prior warning.
MEMBER SERVICES AND POLICIES
CANCELLATIONS: You must cancel a class at least 12 hours in advance, or you will be deducted that credit. For Unlimited Memberships, you will get charged a $15 fee for no-shows (i.e., not attending class without cancelling at least 12 hours in advance) and $15 for any late cancellations. No-shows include switching time slots within the 12-hour notice time period. You can cancel online, in our app, or by calling us. YOU STILL WILL BE CHARGED FOR NO-SHOW FEE.
(In the event of special circumstances, clients may receive 5 grace cancellations per year where no deduction or charge will be incurred for a late cancellation or no-show to use that. Give us a call or email us before the class starts. Unfortunately, We cannot go back and waive the fee now that it has been put through.
If you have any questions or comments, please feel free to contact us at [email protected].
RESERVATIONS: You must be physically present 10 minutes prior to the start of your scheduled class or your spot may be given to a waitlisted client.
WAITLIST: If a class is full we still highly recommend adding yourself to the waitlist. Last minute cancellations can open up an opportunity for you to take the class that you desire. When a cancellation is made, the first name on the waitlist gets automatically added to the class, and you receive an automatic email. Once you get added to the class from the waitlist, you become responsible for attending or cancelling.
FREEZING UNLIMITED MONTHLY MEMBERSHIP: Members with the $159 auto-renew package can freeze/pause their membership 2x per year for a minimum of 3 weeks, and a maximum of 2 months per freeze. They must submit their request in writing via email. If they call or make the request in person, please ask them to send an email.
PERSONAL BELONGINGS: You agree that IAM Yoga is in no way responsible for the safekeeping of your personal belongings in the facility. You assume all risk of loss for any of your personal belongings.
LATE ARRIVAL PHILOSOPHY
If you are not signed in at the desk within 10 minutes before class starts, and there are students hoping and waiting for a spot in class, we open the available spots in class to those who are on the waitlist, this means that you may lose your reservation. We also start our classes on time and will not accept any late entry to classes. Once the teacher closes the door – entry is not permitted.
SILENT PRACTICE ROOMS & STUDIO
Our practice rooms are silent, clutter-free spaces. Please do not bring personal belongings such as bags or cell phones into the practice room. We also ask that you keep conversations to common areas and outside of the practice room before and after class.
Please avoid coming in and out of the room once class has started unless it is an emergency. If you need to leave class prior to it ending please exit quietly and respect the space of those around you.
Entry to the practice room is not permitted more than 10 minutes prior to class. This allows our staff time to turnover the class and teachers to prepare if necessary.
You may use the Services only for lawful purposes and in accordance with these Terms.
You agree not to use the Services:
- For any unlawful purposes, or that could violate any applicable federal, provincial, local, or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us in our sole discretion, may harm us or other persons using the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services for any commercial purpose;
- Use the Services in any manner that could disable, overburden, damage, or impair the Digital Properties or any other party’s use of the Services;
- Use any robot, spider or other automated device, process, or means to access the Service for any purpose;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
- Otherwise attempt to interfere with the proper working of the Services.
IAM Yoga intends to provide an environment that is pleasant, healthy, comfortable, and free from intimidation, hostility, discrimination, or other offences. We will not tolerate harassment of any sort – verbal, physical, and visual. IAM Yoga is a place of wellness and community. Be respectful of other guests and IAM Yoga team members.
IAM Yoga disapproves of any unwelcomed, inappropriate and/or offensive conduct by its personnel or its members. If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any IAM Yoga personnel, we encourage you to clearly and promptly tell the person engaging in the conduct that is unwelcomed and offensive (if you are comfortable doing so). We also ask that you promptly notify a member of our team by contacting [email protected].
When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place, names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.
IAM Yoga will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. IAM Yoga’s responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations. IAM Yoga strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore confidentiality cannot be guaranteed.
LIMITATION OF LIABILITY
By creating an account or attending classes, events, services, activities and other programs and using the IAM Yoga studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the IAM Yoga services. You hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that IAM Yoga strongly recommends that you consult with your physician prior to commencing any classes. By agreeing to these Terms of Service, you acknowledge that you have been fully informed of the strenuous nature of these group classes and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. By agreeing to these Terms, you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages IAM Yoga, its instructors, members and employees. You hereby acknowledge that you, and any minor under your care, fully release IAM Yoga of any liability. A minor aged 15-17 may participate with a parent or legal guardian present. In consideration for being permitted to sign up for, access or attend classes, events, activities, other programs, and for using the premises, facilities and equipment (individually or collectively, the “Services”) of IAM Yoga, you hereby acknowledge and agree to, on your own behalf, and on behalf of your personal representatives, heirs, assigns, executors, administrators, and next of kin, as follows: You are aware and acknowledge that there are certain inherent risks and dangers associated with fitness, exercise equipment and general equipment used in the Services, whether caused by you or not. You are aware and acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries and understand and agree that IAM Yoga, provides the Services “as is” and disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose. Upon entering IAM Yoga, you will inspect IAM Yoga and your observation and use of the same shall constitute an acknowledgment that you find and accept such premises to be safe and reasonably suited for their intended purpose(s). If you do find any unsafe or unreasonably suited conditions with this location you will immediately cease to continue with any activity and will immediately notify an employee of IAM Yoga of the unsafe or unreasonable suited conditions. You assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the premises of IAM Yoga and agree to use care in the use of IAM Yoga to protect against accidents to and by other participants. You are aware and acknowledge that the specific risks vary from one activity to another, but range from (i) minor injuries such as scratches, bruises, sprains and breaks; (ii) major injuries such as eye injury or loss of sight, hearing injury or loss of hearing, joint or back injuries, heart attacks, and concussions; and (iii) catastrophic injuries including paralysis and death. You understand that IAM Yoga shall have no responsibility to pay for medical treatment and related costs if you are injured. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff of IAM Yoga. You are aware and acknowledge that you should consult with your physician or have a physical examination before participating or enrolling in any Services at IAM Yoga, especially if you have a history of heart disease, high blood pressure or other chronic illness, or are unaccustomed to physical exertion or have other physical limitations. If in the subjective opinion of IAM Yoga, you would be at physical risk participating in Services, you understand and agree that you may be denied access to the Services until you furnish IAM Yoga with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing the concerns of IAM Yoga and stating that the concerns of IAM Yoga are unfounded and without medical merit. You agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Services; release, indemnify, and hold harmless IAM Yoga, as well as subsidiary affiliate entities, and each of their respective officers, directors, shareholders, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from and against any and all liability, responsibility, claims, actions, suits, procedures, costs, expenses, damages, injuries, expense, demand or cause of action that you may suffer whether with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise out of or in any way be related to the use of or participation in the Services; and represent that you: (a) have no medical or physical condition that would prevent you from properly using any of IAM Yoga’s Services, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise such as that offered by IAM Yoga you are aware and acknowledge that if you have any chronic disabilities or conditions, you are at risk in using IAM Yoga’s Services, and should not be participating in any Services which could cause increased risk of injury or adverse health consequences as a result of exercise. You are aware and acknowledge IAM Yoga makes no claims as to medical results that can or may be obtained through participation in or use of Services. IAM Yoga has neither suggested nor will suggest any medical treatment to you. Only licensed medical professionals are qualified to give medical advice. You are instructed not to act on the advice given by any unlicensed employee of IAM Yoga unless such advice has been verified by participant’s licensed physician. You further understand and acknowledge that IAM Yoga does not manufacture fitness or other equipment or products available at IAM Yoga, and therefore IAM Yoga will not be held liable for defective equipment or products. Accordingly, to the fullest extent permitted by law, you do hereby forever release, waive and discharge IAM Yoga from any and all claims, demands, injuries, damages, actions or causes of action (collectively, “Claims”) related to my use of or participation in Services against IAM Yoga, or anyone acting on their behalf, and hereby agree to defend, indemnify and hold harmless IAM Yoga from and against any such Claims.
In compliance with the Limitation of Liability clause, by agreeing to these Terms, you also agree to abide by the terms set out in the Student Waiver, available on the Site. Specifically, you agree that IAM Yoga is in no way responsible for the safekeeping of your personal belongings while attending classes. You understand that classes may be physically strenuous and you voluntarily participate in them with full knowledge that there is a risk of personal injury, property loss or death. You agree that neither you, your heirs, assigns, or legal representatives will sue or make any other claims of any kind whatsoever against IAM Yoga or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise, and you hereby irrevocably and unconditionally release IAM Yoga, and its agents, representatives and members from any and all damages and claims arising from negligence or otherwise.
ACCESSING THE SERVICES AND ACCOUNT SECURITY
To access the Services, you may get asked to provide certain details or other information. It is a condition of your use of the Services that all information provided is correct, current, and complete. You agree that failure to provide complete and accurate information may result in the termination of your access to the Services.
By using the Site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and give us your consent to allow any of your minor dependents to use the Service. By using the Services, you represent that you are over 18 years of age. Membership is void where prohibited.
From time to time, we may restrict access to some or all parts of the Services, including studio classes, the Site, and Digital Properties.
The content on the IAM Yoga website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to IAM Yoga, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. IAM Yoga reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to the Company are non-confidential and shall become the sole property of IAM Yoga.
You agree not to engage in the use, copying or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use of copying of any Content or enforce limitations on use of the website or the Content therein.
“IAM Yoga” and other graphics, logos, wordmarks, and designs are trademarks of IAM Yoga. IAM Yoga’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of IAM Yoga.
The IAM Yoga Services may include certain services that may be available via your mobile phone, including by not limited to (i) the ability to book and/or purchase IAM Yoga credits and classes (as applicable) via your mobile phone, (ii) the ability to receive and reply to IAM Yoga messages, (iii) the ability to browse IAM Yoga from your mobile phone and (iv) the ability to access certain IAM Yoga features through a mobile application you have downloaded and installed on your mobile phone (collectively, the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding IAM Yoga and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.
THIRD PARTY SITES
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law.
These Terms of Service shall remain in full force and effect while you use IAM Yoga Services or are a Member. You may terminate your membership at any time, for any reason, by contacting IAM Yoga directly via email. IAM Yoga may terminate your membership at any time, without warning, at its sole discretion, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that IAM Yoga charges fees for its services, and IAM Yoga reserves the right to change the fees from time to time at our own discretion. If we terminate your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
CLASSES: All classes and credit packages are non-refundable. No exceptions.
MEMBERSHIP: All monthly membership packages are non-refundable. No exceptions. Monthly memberships can get canceled anytime by contacting us via email, phone, or in person. You may not be entitled to a refund of any unused portion of membership or other fees already paid.
RETAIL ITEMS: We will accept unused merchandise for a full refund within 7 days of purchase, issued to original form(s) of payment. After 7 days, we will issue a store credit for up to 30 days. No returns or exchanges without a receipt. For questions or support with online purchases or returns, please contact [email protected].
GIFT CARDS: All gift cards are non-refundable. No exceptions. Gift cards are not exchangeable for cash, and will not get replaced if lost or stolen.
CHANGES TO THIS AGREEMENT
These Terms may change as we continue to evolve our business, as well as the Digital Properties or any portion thereof. If we change these Terms, we will post the revised document here and such changes will be effective immediately upon that posting. Your continued use of the Digital Properties constitutes your acceptance of such changes and agreement to be bound by the modified Terms, and so we recommend that you review these Terms periodically when accessing or using the Digital Properties. We recommend that you print or otherwise save a copy of these Terms, as updated from time to time, for your reference.
ENTIRE AGREEMENT & NO WAIVER
The Terms and any other notices shared via the Digital Properties shall constitute the entire agreement between you and us concerning the Services, and supersede all prior terms, agreements, discussions and writings regarding the Services. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision. IAM Yoga reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service at any time and without notice, and it is your responsibility review these Terms of Service for any changes. Your use of the IAM Yoga website following any amendment of these Terms of Service will signify your assent to and acceptance of its revisions.
If any one or more of the provisions of these additional Terms shall be for any reason whatsoever held invalid by a court of competent jurisdiction, then such provisions shall be deemed severable from the remaining provisions and shall in no way affect the validity or enforceability of the other provisions of these additional terms for promotional cards.
You may submit comments, reviews, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited and without restriction, and IAM Yoga does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant IAM Yoga the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties. IAM yoga does not waive any rights to use similar or related feedback or ideas known to IAM Yoga, developed by IAM Yoga’s employees, or obtained from other sources.
If you have any questions about these Terms of Service, the practices of IAM Yoga or its services, or your dealings with this Site or IAM Yoga, please contact us at [email protected]