SERVICES AND PAYMENTS | MEMBERSHIPS

You understand and agree that this Agreement is a month-to-month membership. Except as otherwise set forth in this Agreement, this Agreement will remain in force unless you cancel it as per below. You will not receive a monthly statement. Monthly membership dues are paid in advance monthly by a credit or debit card stored on Mindbody online secure software on the date designated in the Agreement and will continue on or around the same day until cancellation.

Your monthly membership access applies only to regularly scheduled in-studio and livestream online classes. Schedules for in-studio and online classes are available online at www.portlandyogacollective.com. Special events, workshops, teacher trainings and registration series require additional payment for access. Your dues are based on a monthly membership and not related to or adjusted based on actual usage of Portland Yoga Collective studio. You have provided Portland Yoga Collective your credit card information for the purpose of paying for membership fees, dues and taxes as applicable by law. Payment for additional goods and services, which may include taxes as applicable by law (including verbal authorization for any of the following), fees for workshops, special events, and other similar items, shall be paid by cash or credit as additional transaction(s).

Membership Benefits: Monthly memberships include unlimited in-studio and livestream classes, free parking in front of the studio, 10% off workshops, 10% off merchandise and discounts to local businesses.

Right to Modify Dues and Fees: Portland Yoga Collective reserves the right to modify your dues at any time upon 30 days written notice. Such modification shall apply to the next billing cycle following said 30 day notice. 

Cancellation Policy: You may cancel a monthly membership for any reason by emailing a written notice of your desire to cancel at least 7 days prior to your next scheduled debit date to jess@portlandyogacollective.com.

SERVICES AND PAYMENTS | CLASSES

Single classes and multi-class packs (“Classes”) may be paid by a credit or debit card or Apple Pay stored on Mindbody online secure software, cash or check. “Classes” applies only to regularly scheduled in-studio and livestream online classes. Schedules for in-studio and online classes are available at www.portlandyogacollective.com. Special events, workshops, teacher trainings and retreats require additional payment for access. You have provided Portland Yoga Collective your credit card for the purpose of paying for Classes and taxes as applicable by law. Payment for additional goods and services, which may include taxes as applicable by law (including verbal authorization for any of the following), fees for workshops, special events, trainings, retreats and other similar items, shall be paid as additional transaction(s).

CANCELLATION POLICIES & REFUNDS

Classes: You must cancel at least 2 hours prior to the start of class to receive a refund or have the class put back on your class pack. Monthly members who no show or cancel less than 2-hours prior to class start time will be charged a $5.00 cancellation fee.

Workshops: You must cancel 72 hours prior to the start of the workshop to receive a refund to the original form of payment or an account credit. Cancellations within 72 hours of the workshop will not be refunded. If Portland Yoga Collective cancels a workshop, a full refund will be issued to the original form of payment.

Monthly Memberships: You may cancel a monthly membership for any reason by emailing a written notice of your desire to cancel at least 7 days prior to your next scheduled debit date. Requests for a refund of membership dues will not be honored for any time period in which your account shows a lack of utilization outside of a pre-approved freeze. Additionally, no refund will be granted for any time period in which your account shows utilization at any Portland Yoga Collective facility. Note that pro rata refunds will not be administered.

Private Lessons: You must give 48 hours notice to reschedule or cancel private lessons. Cancellations less than 48 hours before the appointment will not be refunded.

ADDITIONAL POLICIES

Termination for Cause: Portland Yoga Collective may terminate your membership if: (1) you fail to make timely payments; (2) the monthly payment or dues are interrupted or discontinued for any reason and you do not provide an acceptable alternative; (3) you fail to follow any of Portland Yoga Collective’s membership policies or rules or violate any part of this Agreement; or (4) your conduct is improper or harmful to the best interests of Portland Yoga Collective or its customers.

Effect of Termination: Upon cancellation or termination of membership, your right to use the Portland Yoga Collective facilities ends. In the event there is any remaining balance owed on your account upon termination, Portland Yoga Collective shall deduct it from any refund owed. If there is not enough funds in your account to cover all amounts owed, you will be responsible for any remaining balance.

Rejoin: If you cancel your membership and rejoin at a future date, you must buy a new membership at the then prevailing rates. 

LOSS OR THEFT OF MEMBERS’ PROPERTY

Portland Yoga Collective is not responsible for lost or stolen articles. Storage areas are offered without any representation that they will be effective in protecting valuables.

CHILDREN'S USE

Children 3+ years of age may participate in the generally available yoga/fitness classes when accompanied by their parent or legal guardian at all times with a signed liability waiver. Children 16 years of age or older may come unaccompanied by his/her parent upon reception of a liability waiver signed by a parent or legal guardian. Normal fees apply. Portland Yoga Collective reserves the right to discontinue usage for any person whose behavior is offensive to any other person or to a child who is unsupervised.

PHOTO/VIDEO RELEASE

You hereby grant Portland Yoga Collective, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Portland Yoga Collective and to use and publish these photos or videos in print and/or electronically. You agree that Portland Yoga Collective may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising, social media and other web content. 

COPY OF WAIVER AND RELEASE OF LIABILITY

Prior to participating in any yoga/fitness classes, you will be required to read and sign Portland Yoga Collective’s Waiver and General Release of Liability. 

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The individual named below (referred to as "I" or "me") desires to participate in yoga and movement classes (the "Activity") provided by Portland Yoga Collective, or its agents, a Maine limited liability company with offices located at 98 Cross Street N, Suite C, Portland, Maine (the "Company"). In consideration of being permitted by the Company to participate in the Activity and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release").

I UNDERSTAND THAT THE ACTIVITY OFFERED BY THE COMPANY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY.  NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE. IN THE EVENT THAT I EXPERIENCE ANY PAIN OR DISCOMFORT, I WILL DISCONTINUE THE ACTIVITY IMMEDIATELY. IF I AM NOT IN GOOD PHYSICAL HEALTH, I WILL EXCLUDE MYSELF FROM THE ACTIVITY ENTIRELY. 

I understand that the Activity is not a substitute for medical attention, examination, diagnosis, or treatment. Physical activity is not recommended and is not safe under certain medical conditions. I affirm that a licensed physician has verified my good health and physical condition to participate in such Activity, if required. If I am pregnant, become pregnant, am post-natal or post-surgical, or have any medical conditions or physical limitations, I further affirm that I have my physician’s approval to participate. I understand that I alone am responsible for my participation, which is entirely at my own risk.

I hereby, for myself and on behalf of my family or agents, knowingly and voluntarily expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, managers, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”) on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise.  I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.  

I authorize, without my approval, the rendering of any medical treatment that may become necessary due to my participation in the Activity. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. 

In the event that any damage to equipment or facilities occurs as a result of my, my family, or agent’s willful actions, negligence or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of negligence or recklessness. 

I agree to defend, indemnify and hold harmless the Company and any Releasees against any and all losses, damages, liabilities, deficiencies, claims, suits actions, judgments, settlements interest, awards, penalties, fines, costs, or expenses of any kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers arising out or resulting from any claim related to my participation in the Activity. 

If any portion of this Release shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this Release shall remain in full force and effect and the offending provision or provisions severed here from.

I have carefully read and fully understand and agree to the above terms of this Release. By signing this waiver, I acknowledge that yoga can be a physically intense activity, I am in good health and am able to participate. I acknowledge that it is my responsibility to understand and act in the best interest of my own limitations that may impact my practice. I am signing this agreement voluntarily and recognize that my signature serves as complete and unconditional release of all liability to the greatest extent allowed by law and that it cannot be changed orally.