Please read our Terms and Conditions (“the Terms”) carefully before booking classes or services. By booking a class or signing up for a membership, at the end of this document you are confirming that you have read the Terms and agree to be bound by them. These Terms together with the items listed below, constitute a contract of membership between you (the client) and us (Joy Bird Yoga). Please ensure that you read and understand before attending any class at the studio.
Before you attend any classes, or private yoga sessions at Joy Bird Yoga, you must complete and sign a Release and Liability Waiver, which you may do in person at the Joy Bird Yoga studio or by creating an online account with us and electronically agreeing to the Release and Liability Waiver. Any yoga student under 18 years of age must have a parent/guardian’s signature on the Release and Liability Waiver. NOTE: Classes, unless noted as child and/or teen specific, are designed for yoga students 16 years of age and older. Yoga students under 16 years of age may attend adult classes only when a parent or guardian is in attendance for the same class, provided, however, that Joy Bird Yoga will be the sole determiner if a child under the age of 16 may participate in a class (which determination will take into account physical and emotional maturity, physical ability to safely perform exercises and ability to follow instructions as well as other like factors). Yoga student passes/memberships may be available at a discounted price. Unattended children (under the age of 16) may not sit in the reception area while the parent or guardian takes a class.
TERMS & CONDITIONS ARE AS FOLLOWS:
BOOKING CLASSES: The cost of each regularly scheduled class is covered when purchasing a 1, 5, 10, or 25 class packages. If you are a Joy Bird Yoga monthly/annual member, all regularly scheduled classes included in your chosen membership type will have no cost attributed to them. Additional classes, workshops, and events hosted/taught outside of our regularly scheduled classes may be paid for at the time of booking either on our website or in the studio before the class's start time. Some classes, workshops and events will require payment immediately at the time of booking and will indicate such during the booking process. All single classes, class passes, and monthly unlimited membership purchases are final and cannot be refunded, class packages can be transferred to a family member/person in same household, monthly/annual cannot be transferred or exchanged for cash or credit.
PAYMENT FOR DROP-IN: If you wish to pay for classes/workshops /courses/promotions via the pay-as-you-go/drop-in option: Payments can be made online with a credit card or debit card. Payments can be made in person at Joy Bird Yoga by credit card, debit card, or cash. Drop-in/single-class-passes must be used within 12 days of the purchase date and, after this period, any unused credits will expire.
PAYMENT FOR CLASS PASSES: You can purchase a 1, 5, or 25 class packages, online or in person at Joy Bird Yoga. 5 class passes must be used within a 2-month period of the activation date, and, after this period, any unused credits will expire. 10 class passes must be used within a 3-month period of the activation date, and, after this period, any unused credits will expire. 25 class passes must be used within a 5-month period, and, after this period, any unused credits will expire. Passes cannot be suspended or extended but they can be transferred to someone else and still must be used by the expiration date.
SHARING CLASS PACKAGES: You may share a 5, 10 or 25 class packages with family members or a significant other. In this situation, the individual wishing to share their classes informs the staff member at the desk. In this case, all accounts sharing will be linked so the system pulls from the same package anytime a shared person checks in. You may also request to “auto-renew” your class package so that an active package is always available for your family to book. Memberships are intended only for a single user and may not be shared or auto renewed. Your purchase of a monthly unlimited membership plan establishes a contract between you and Joy Bird Yoga. By purchasing one of the auto-pay unlimited monthly plans, you are agreeing to the following terms:
Membership plans are paid in advance from the date service began.
Monthly membership dues are paid by automatic ACH payment (debit/credit card account draft).
By providing your debit/credit card account you allow Joy Bird Yoga to automatically withdraw membership dues in full.
CANCELLING YOUR BOOKING, LATE CANCELLATIONS: You may cancel your booking without charge and with no penalty up to (5) five hours until the start time of the class. Cancel your booking by logging into your online account and following the account, the same way the reservation was booked. Leaving voicemails, emails or texts does not guarantee a change to your reservation before the 5-hour time frame needed.
LATE ARRIVALS: While we do our best to accommodate all students, late arrivals are not guaranteed participation in the class, whether pre-registered or not.
NO SHOWS: A no show is a pre-registered student that did not attend class and did not early cancel for the class. No shows result in a loss of class credit. Membership monthly/annual will be charged a $10.00 fee. Canceling a class booking must be done via your online account.
You may cancel a monthly unlimited plan by providing at least 30 days’ notice in person or in writing. Please remember partial months are not permitted.
You may cancel an annual unlimited plan ; if you are paying monthly for the annual plan you are required to pay $150.00 at time of cancelling with a 30 day notice in person or in writing, if you paid in full Joy Bird Yoga will be refunded no more than 30% of your prorated amount left on your membership ( from the day you became active as a member).
Should the studio become unavailable for more than 15 consecutive days (not including Sundays) for any reason including acts of nature, then you may elect to cancel your membership effective the following 1st of the month.
Unlimited Membership Plans cannot be shared. However, members are encouraged to bring unlimited friends and family FREE of charge for their first visit to Joy Bird Yoga.
Reservations for yoga are strongly encouraged as classes may be full upon arrival and entry will not be permitted. Reservations also allow the studio to contact you in the event that class is cancelled. If you are not able to keep your reservation, please cancel your class within 5 hours before class time to release your spot.
Please arrive 10 minutes prior to class start time to sign in and set up. If you arrive late for class, please be mindful of others as you come in.
Studio mats are provided. Please wipe down mats prior to putting away with the provided mat cleaner.
Yoga students may use the facilities only during scheduled classes and sessions.
IF WE CANCEL A CLASS OR EVENT: In the event that we cancel a class or event that you have already booked, we will contact you by email or telephone to let you know. At the time of cancellation, we will offer you the choice between: 1. crediting your Joy Bird Yoga account with the price of the cancelled class; or 2. being transferred to a class at an alternative date and time. Joy Bird Yoga may close its studio for seminars, certifications, maintenance, selected holidays and other hours as determined by Joy Bird Yoga.
CHANGE OF PRICES: We reserve the right to review and change the price of our classes and memberships at our sole and absolute discretion. Your monthly Membership Fees will remain the same as your Membership start date throughout your contracted period and as long as you stay active. If your membership lapses, the Membership Fee may increase to the updated, most current rate.
Joy Bird Yoga is committed to the health, safety, and welfare of each of its yoga students and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Joy Bird Yoga has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership and/or cancelation of class pass without refund of any member engaging in unacceptable behavior.
Yoga students who do not observe Joy Bird Yoga rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate membership or class passes of anyone who refuses to observe any of Joy Bird Yoga rules or regulations. Joy Bird Yoga reserves the right to add, conditions of membership, opening and closing hours, and all services, classes, programs, workshops, and sessions offered by Joy Bird Yoga. PAYMENT: Classes and packages may be paid for via cash, check, credit or debit card. Payment for unlimited monthly auto-pay memberships must be made by debit or credit card that is placed on file for billing. If you sign up for an unlimited monthly auto-pay membership, you must pay your first month's payment upfront by debit or credit card. Your membership fees will then be payable each month of your contract period and will become due on the same date each month which may vary depending upon the date you signed up.
MEMBERSHIP CONTRACT PERIOD: By signing up for the one-year unlimited membership, you are committed and responsible for payment of your membership for a minimum of (12) twelve months. If you pre-pay for your membership, then your membership will expire at the end of the twelve months and in order to remain active at your same membership rate you will need to renew within 30 (thirty) days of your membership expiration. If your membership was on a monthly autopay, your membership automatically rolls into a month-to month membership after the twelve months is up. In that case if you wish to cancel your membership, you will need to provide the studio a minimum (30) days written notice (firstname.lastname@example.org) to cancel. An example is that if you wish to cancel by June 15th, you would need to provide written notice no later than May 15th. Joy Bird Yoga is in no way, under any circumstances, responsible or obligated to pay for member’s insufficient fund penalties, returned checks, and/or over the limit fees. A $30 fee will be charged for all insufficient funds and returned checks.
MEMBERSHIP FEE LOCK: As a benefit of being a consistent member, your monthly Membership Fees will remain the same as your Membership start date throughout your contracted period and as long as you stay active. If your membership lapses, the Membership Fee may increase to the updated, current rate being offered.
NON-PAYMENT OF FEES: If your account becomes overdue, we reserve the right to refuse you entry into our studio/classes/courses/workshops until the overdue sums are paid in full. Should you default on payments to us, we reserve the right to notify the default to a credit reference agency or other third party to obtain payment from you.
STUDENT, MILITARY AND SENIOR CLASSES: Discounted Drop-in classes are offered to Full-time college students, Military and Seniors 55 years and older. Discounted drop- ins can only be purchased in studio at the desk with a photo ID. Multiple drop-ins can be purchased at the desk for the convenience of booking classes online later.
WELFARE OF STUDENTS AND STAFF: Joy Bird Yoga is committed to the safety and welfare of yoga students and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Joy Bird Yoga has the right to judge behavior and respond accordingly. This right includes but is not limited to termination of membership and/or cancellation of class passes without refund of any student engaging in unacceptable behavior. Yoga students who do not observe Joy Bird Yoga policies or who abuse equipment in any fashion will be asked to leave. Joy Bird Yoga reserves the right to terminate memberships or class passes of anyone who refuses to observe any of Joy Bird Yoga rules. Not all rules are listed in these terms, see Code of Conduct, Equal Rights Policy, Anti-Harassment Policy and Grievance Policy.
RETAIL PURCHASES: Retail purchases made at the studio can be exchanged or refunded within 30 days from the purchase date if unused, unopened, in original packaging and with retail tags. Retail “Sale” items that are discounted are considered final sales and may not be returned.
FORCE MAJUEURE: We shall not be liable to you or deemed to be in breach of these terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms, if the delay was due to any cause beyond reasonable control, including, but not limited to, Acts of God, explosion, flood, storm, fire, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T, viruses, difficulties in obtaining raw materials, labor, fuel, parts or machinery, power failure or breakdown in machinery.
WAIVER: No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.
SEVERABILITY: If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful, or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
ENTIRE AGREEMENT: These Terms constitute the entire agreement between the parties and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between parties.
GOVERNING LAW AND JURISDICTION: These Terms shall be governed by and construed in accordance with Arizona law and the parties hereby agree to submit the exclusive jurisdiction of the Arizona.
CHANGES: Joy Bird Yoga reserves the right to add, change or remove rules and conditions of participation in classes or membership.
DATA PROTECTION NOTICE
We, Joy Bird Yoga, will use your personal details and information to provide you with use of our services and facilities, to administer and maintain our membership records, to process your application and payments, to verify your identity and to carry out market research. We may keep your information for a reasonable period for these purposes. We may share your information with our service providers in order to provide you with Joy Bird Yoga services, and with other third parties to comply with our legal or regulatory obligations, for the prevention of fraud or other crimes, and in the case of medical emergencies. If your personal details change, if you change your mind about how you wish to be contacted, or if you have any queries about how we use your information, please let us know by email@example.com. You hereby consent to the use of your information, including sensitive personal data relating to your health and fitness, for the reasons and in the manner set out above.
Specials and Gift Certificates
Any specials or discounts may not be combined. The lesser of the two discounts will be applied.
A “New Student” is anyone who has never attended a class at Joy Bird Yoga before.
Joy Bird Yoga is not responsible for lost gift certificates or coupons.
All gift certificates and coupons must be brought into (and surrendered upon redemption) Joy Bird Yoga for redemption. Gift certificates cannot be redeemed or exchanged for cash or account credit.
All gift certificate sales are final.
POLICY ACCEPTANCE: By using Joy Bird Yoga services, attending any classes, trainings, or workshops and/or purchasing products, you agree to the Terms and Conditions as stated above.
The above policies and terms and conditions of membership along with the Release and Liability Waiver contain the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter hereof. The provisions of this may be waived, altered, amended, or repealed, in whole or in part, only upon prior written consent of all parties. Member has read, and fully agrees to the policies, terms and conditions set forth above and understands and agrees that by signing below, member has given up considerable future legal rights. Member certifies, represents, and warrants that (a) he/she has signed below freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her, and (b) he/she is 18 years of age or older and mentally competent to enter into this agreement. If any portion of this agreement is deemed illegal, void, or unenforceable, then the remaining agreement shall remain in effect.
HOW YOU SHOULD CONTACT US: Any written notice should be e-mailed to the studio: firstname.lastname@example.org.