This is an auto-renew contract at a rate of $149.00 per month.
Please read the electronic contract agreement below.
This contract is between PUSH O/A Yoga Belly Inc and “Member” (name listed on registration below)
Contract Renewal Date: Monthly
Contract Duration and Automatic Renewal: Contract is in force for 1 month from the today’s date, with automatic renewal for subsequent months, unless cancelled by either or Yoga Belly Inc, with notification of 14 days in advance of the next billing date upon completing the Cancellation Request online. See Cancellation Policy below.
Agreement to Pay Recurring Fees: “Member” agrees to pay Yoga Belly Inc monthly recurring fees as follows: 1 Month – Membership for $149.00 via Client authorized automatic credit card only. Please read full terms and conditions below. (a) I agree to purchase the 1 Month – Membership for $149.00, as an automatic charge to my credit card each month for a contract period of 12 months. (b) I hereby certify that I am the holder of the credit card. (c) I understand that I will be notified if my credit card payment fails to authorize for any reason, and that a $10 late fee will apply if I do not provide a valid credit card information within 10 calendar days of the original rejection date. (d) I understand that my service will be deactivated if my account becomes more than 14 calendar days late.
TERMS AND CONDITIONS
- About this Agreement: (the “Agreement”). The Member is referred to as “you” or “the Member” and Yoga Belly Inc is referred to as “us”, “the Studio” “we” “PUSH” or “Yoga Belly”. 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 PUSH (9 Wootten Way, Markham). 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 facilities.
- Your Responsibilities: By signing this 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 Belly Inc to present transactions for payment against your account. In consideration of Yoga Belly Inc acting as directed, you agree that Yoga Belly’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 Belly Inc will not reduce, discount, credit or cancel your obligation because you do not use the Studio.
- Term and Renewal: Your membership commences on the day of purchase and will auto-renew as a contract of successive monthly membership and such date may be updated as agreed to between you and Yoga Belly Inc (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 by completing the Cancellation Request online, stating you do not want to renew or extend the Agreement. Phone and verbal cancellations are not accepted. If immediate cancellation is required, a fee of $50+HST will apply to cancel within the 2-weeks cancellation period. Please retain this email receipt 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 Belly Inc for the monthly auto-renew payment. Your credit card information is secure and stored in an encrypted system by Acuity Scheduling Online. To cancel, please complete cancellation form online, refer to cancellation policy in paragraph 6 (Cancellation of this Agreement) above.
- Changes in Fees: Yoga Belly 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 Belly’s sole discretion. Yoga Belly 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 Belly 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 Holds: Members who have completed a minimum 2 months on their month-to-month membership are eligible for a complimentary hold. Members who have completed less than 2 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 calendar year. Minimum Notice for Membership Holds: 72 hours advance notice must be provided in person or email to firstname.lastname@example.org. Holds will not be considered processed until you receive a hold confirmation number from us. 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.
- Studio policies, Membership Termination or Suspension by Yoga Belly: You understand that Yoga Belly 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 Belly’s policies, procedures, rules, and regulations, whether set forth on paper, verbally, in club signage, or online at www.yogabelly.ca. Yoga Belly may change, modify or otherwise alter any fees, rates and policies at any time without notice. I understand that Yoga Belly 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 Belly 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 installments, 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, personal trainers etc.) may be available at the Studio. These services are not offered by Yoga Belly 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 Belly 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 Belly by completing a cancellation form online. 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 Belly. 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 via email and/or by request to Yoga Belly. 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 Belly and I.
By registering below and checking the box below, I understand the terms and conditions and agree to be bound by them.