TERMS OF SERVICE

PRACTICE ROOM TERMS OF SERVICE AND WAIVER AGREEMENT

 

By agreeing to the below terms and conditions of the Practice Room LLC (“Practice Room”) Terms of Service and Waiver Agreement (the “Agreement”), and in consideration for permission to participate in Practice Room classes and events located at 650 Broadway, 4th Floor, New York, NY 10012 (the “Studio”), you confirm your understanding of, and agreement to the following terms and conditions:

1. I understand that yoga and fitness classes include physical movements as well as opportunities for relaxation, stress reduction and relief of muscular tension. I also understand that risk of injury, even serious disability or death, is part of participation in yoga and fitness classes, and such risk cannot be eliminated. I understand that participation in Practice Room classes at the Studio may involve the practice of “hot yoga” (in temperatures of approximately 103 degrees Fahrenheit or 40 degrees Celsius). I understand that by my use of the Studio, there is risk of serious physical injury to me, and I assume full responsibility for any and all such risk. If I experience any pain or discomfort, I will listen to my body, adjust the posture, ask for help from the instructor and/or stop participating in the class.

2. I understand that yoga and fitness classes are not a substitute for medical attention, examination, diagnosis or treatment. Yoga and fitness classes are not recommended and are not safe under certain medical conditions. I acknowledge and affirm that I am responsible for consulting with a physician and deciding whether to participate in yoga and fitness classes at the Studio. Based on my physician’s advice, and my own assessment of my health, I represent that I do not suffer from any physical or mental conditions or any other difficulties that would make it inadvisable for me to participate in yoga and fitness classes.

3. I am solely responsible for (i) having regular physical examinations to ensure that there is no change in my health that would make it inadvisable for me to use the Studio in the future; (ii) discontinuing my use of the Studio whenever my physician so suggests, or whenever it would be prudent to discontinue in light of my physical or mental condition; (iii) ensuring that any equipment at the Studio (the “Equipment”) is in good condition before I use it; (iv) ensuring that I use the Equipment properly; and (v) ensuring that I only use the Equipment for the intended purpose. Knowing all of these things, I assume all of the risks associated with the use of the Studio and the Equipment.

4. I shall comply with any rules or regulations that owners or managers of any of the Studio may establish for use of any of the Studio. I shall also comply with any amendments or other modifications of those rules or regulations.

5. I am responsible for any damage I may directly or indirectly cause to any of the Studio. In addition, I will inform the Studio manager if I notice any damage to the Studio or any of the Equipment.

6. I represent and warrant that I am physically fit and I have no medical condition(s) that would prevent my full participation in group or private yoga and fitness classes, workshops and retreats offered by Practice Room, and that I have not, within the past 14-days, experienced any symptoms that could be associated with Coronavirus (COVID-19) or, to my knowledge, been close to anyone who was either known or suspected to have had symptoms that could be associated with COVID-19 during the same time period.

7. I will update the Practice Room as to any changes in my medical condition or contact with others with known or suspected exposure to COVID-19.

8. I will not enter any of the Studio or participate in any yoga and fitness classes, workshops, or retreats offered by the Practice Room if I experience symptoms, or, to my knowledge, come in contact with anyone who was either known or suspected to have had symptoms within the past 14-days, associated with COVID-19 or any other sign of illness, including, without limitation, fever, chills, cough, shortness of breath, or sore throat, or if I have a suspected, or diagnosed or confirmed case of COVID-19.

9. I will take all appropriate actions required by the Practice Room, including but not limited to, (i) wearing a mask at all times while on the premises at any of the Studio or when participating in any yoga classes, workshops, and retreats offered by the Practice Room unless otherwise instructed; (ii) taking my own temperature before entering the Studio or consenting to have my temperature checked if necessary prior to participating in any yoga classes, workshops, or retreats offered by the Practice Room; and (iii) adhering to all personal hygiene guidelines and social distancing guidelines prescribed by the  Practice Room and applicable public health guidelines, including staying at least six (6) feet away from all employees or participants.

10. I understand that third parties may occasionally place advertisements in the Studio for Yoga classes, workshops and retreats taking place outside the Studio (“Third Party Events”). I acknowledge that the Practice Room is not responsible for the administration of such Third Party Events.

11. ASSUMPTION OF RISK: I have read and understood the above warning concerning the use of the Studios and COVID-19. I hereby choose to accept the risk of injury or serious bodily harm while using the Practice Room services and the Equipment. I also choose to accept the risk of contracting COVID-19 while using the Practice Room services and the Equipment. These services are of such value to me that I accept the risk of injury or serious bodily harm, and the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize the Practice Room services, Equipment and premises in person rather than arranging for an alternative method of enjoying the same services virtually (e.g. videoconference).

12. WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against the Practice Room or their owners, members, managers, agents, successors, assigns, employees, or other representatives in connection with any injuries, or any exposure, infection, and/or spread of COVID-19 related to utilizing the Practice Room services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen, in each case, to the fullest extent permitted by law. I understand that this Agreement is, and is intended to be, an absolute bar on any such claim, suit or other action and that it may be pleaded as such.

13. AGREEMENT TO ARBITRATE: This Agreement and the Membership Agreement shall be governed by the laws of the State of New York, and that any claim or dispute that arises under this Agreement or the Membership Agreement, or relating to my use of the Practice Room services, shall be resolved by binding arbitration by the American Arbitration Association in New York, New York.

14. WAIVER OF JURY TRIAL: To the fullest extent permitted by applicable law, I hereby irrevocably and expressly waive all right to a trial by jury in any action, proceeding, or cause of action directly or indirectly based upon or arising out of or relating to this Agreement and the Membership Agreement.

15. I understand that any of the Practice Room may revoke my right to use any of the Studio at any time.

16. I understand that the Practice Room may, from time to time, revise the terms of this Agreement, with commercially reasonable efforts to notify me of such revisions by email at the email address provided.

17. I acknowledge that participation in yoga, Pilates, and other physical activities at Practice Room involves inherent risks, including but not limited to physical exertion, injury, or aggravation of existing conditions.
18. I voluntarily assume all such risks and agree that I am solely responsible for my health, well-being, and physical condition.
19. To the fullest extent permitted by law, I hereby agree to release, indemnify, and hold harmless Practice Room LLC, its owners, employees, contractors, and instructors from any and all claims, demands, causes of action, damages, or liabilities arising out of or in connection with my participation in any class, event, or activity, whether in-studio or virtual.

 

Terms and conditions of the Practice Room Auto-Renew Membership (“Membership Agreement”):

MEMBERSHIP AGREEMENT

I hereby grant Practice Room LLC (“Practice Room”) express permission to charge my credit card a monthly fee in exchange for unlimited access to Practice Room classes. I understand that participation in Practice Room classes is subject to my observance of Practice Room’s standard policies and procedures, as may be further amended from time to time.

I hereby agree and understand that during the initial three (3) months of my Membership (the “Initial Membership Period”), cancellation incurs a one hundred dollar ($100) cancellation fee (“Cancellation Fee”).  Following the Initial Membership Period, I may cancel my Membership Agreement without incurring any a Cancellation Fee or additional fees or penalties by providing Practice Room with written notification of my cancellation request at least fourteen (14) days in advance of my next pre-authorization payment date by sending an email to info@practiceroomnyc.com, and that any requests for cancellation made with fewer than fourteen (14) calendar days will be cancelled following my next pre-authorization payment date. 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 Practice Room of any change in my credit card information (i.e., expiration date, new account number, etc.) at least five (5) days in advance of my next pre-authorized payment date by emailing info@practiceroomnyc.com.

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 understand and agree that following my Initial Membership Period, Practice Room reserves the right to raise the price of my next pre-authorized payment amount in its sole discretion, provided that I am given 30 days’ written notice prior to such price increase sent to my email address or phone number on file. 

I hereby understand that I may request a one-time suspension of this Membership Agreement (“Suspension”) should I wish to place my membership on temporary hold, without cancellation, during a time when I am unable to attend Practice Room classes, to be granted in the sole discretion of Practice Room. 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 by email to info@practiceroomnyc.com, 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 Practice Room classes pursuant to this Membership Agreement (however, I may separately purchase classes during a suspension period if so desired). I hereby agree and understand that following the initial Suspension, any subsequent additional requested Suspensions may or may not be granted in the sole discretion of Practice Room, and each such additional suspension request granted shall incur a $50 fee.

I hereby understand and agree that any cancellations of a class reservation made within 12 or fewer hours of such class start time will incur a $20 late cancellation penalty.  I further understand and agree that any reserved class for which I am not present will incur a $30 no-show charge.

I understand and agree that I must arrive to any reserved classes at least 5 minutes prior to the listed class start time, after which time Practice Room may in its sole discretion deny me entry to any such class and that I will incur a $30 no-show fee, irrespective of whether I subsequently arrive following such time.  For the avoidance of doubt, I agree and understand that I will forfeit any reserved class spot beginning 5 minutes from the reserved class time.   

I hereby understand and agree that this Membership Agreement does not give me priority over any other Practice Room class participants and that class capacity is limited.