MEMBERSHIPS AND PAYMENTS
Your membership access applies only to regularly scheduled in-studio and livestream online classes. Schedules for in-studio and online classes are available here.
Special events, workshops, teacher training sessions, and registration series require additional payment for access.
You have provided Cape Ann Power Yoga your credit card or bank account 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), which may include fees for towel rentals, workshops, special events, registrations series, and other similar items, shall be paid by cash or credit in additional transaction(s).
See our complete Autorenew Membership terms and conditions here.
See our complete Unlimited and Class Package terms and conditions here.
CANCELLATION POLICIES
Classes: If you pre-register for a class you must cancel prior to the start of class or your class will be late-canceled, forfeiting the cost of the class.
Workshops: Students who cancel 24 hours in advance will receive a refund in the form of account credit. Day-of cancellations will not be refunded.
To cancel, please text 978-968-7688 and email capeannpoweryoga@gmail.com
Right to cancel: By law, you may cancel a membership agreement at any time prior to midnight of the third business day after the date of this Agreement, excluding Sundays and holidays. To cancel a membership agreement, mail or deliver a signed and dated notice to the Cape Ann Power Yoga location you joined or where you practice, stating that you wish to cancel this Agreement or words of similar effect. We will make all commercially reasonable efforts to return all monies paid pursuant to the Agreement within ten (10) business days of receipt of such notice of cancellation.
LOSS OR THEFT OF MEMBERS’ PROPERTY
Cape Ann Power Yoga is not responsible for lost or stolen articles. Although our lobby is locked during class, we cannot be responsible for any valuable or personally important items.
GENERAL RULES
In addition to the rules listed herein, Cape Ann Power Yoga may, from time to time, post at the Cape Ann Power Yoga’s premises, or issue orally, additional rules that the members must obey for general safety reasons and mutually respectful use of the facilities.
CHILDREN'S USE
Children 10+ years of age may participate in the generally available yoga/fitness classes when accompanied by his/her parent at all times with a liability waiver signed by a parent or legal guardian. Children 14 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. Cape Ann Power Yoga reserves the right to discontinue usage for any person whose behavior is offensive to any other person or to a child who is unsupervised.
DRESS CODE
Proper, full cover athletic attire is required. Please consider all angles and conditions when choosing your clothes. No shoes permitted in the lobby or studio area. Management has the right to prevent the participation in a class if proper attire is not worn.
ASSISTS
•From time to time during Yoga Activities, instructors may physically adjust a student’s form. If I do not want such physical adjustments, I will inform the instructor at the beginning of each session that I attend. I also acknowledge that if I do wish to receive such physical adjustments, it is my responsibility to inform the instructor when I believe an adjustment has gone as far as I desire at that time.
HEALTH WARRANTY, ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY
Health Warranty: Buyer represents that the member covered under this Agreement is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which would cause increased risk of injury or adverse health consequences as a result of engaging in active or passive exercise.
I understand that upon entering any public building, there are risks, and I will not hold Cape Ann Power Yoga liable for any harm or injury obtained to me in or around the perimeters by any type of scenario within or outside the class I am attending.
I understand that Cape Ann Power Yoga is a public facilities in which airborne, droplets or contact viruses may be present. I agree that I will not hold Cape Ann Power Yoga liable for any illness which may be contracted - including the contraction of COVID-19 - by visiting its public facility, being in proximity with others, engaging in indoor or outdoor classes and for any allergic reactions to the cleaners used within the studio.
HEALTH DISCLAIMER FOR DIGITAL, ONLINE, STREAMING, VIDEO, AND AUDIO CONTENT
Physical exercise and movement, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a Cape Ann Power Yoga instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical or movement exercise regimen, routine, program or using any suggested equipment, shown in any of the video or audio content provided by Cape Ann Power Yoga Cape Ann Power Yoga is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Cape Ann Power Yoga video, audio, or live-streamed classes. Nothing contained in the content should be construed as any form of such medical advice or diagnosis.
By using the video, audio, or streaming services, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from Cape Ann Power Yoga, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Cape Ann Power Yoga, or any person or entity involved with Cape Ann Power Yoga, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
RELEASE AND WAIVER OF LIABILITY; ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
I understand that Cape Ann Power Yoga Yoga is here to serve me by sharing knowledge of yoga, Pilates and health and any related activities to promote wellness (“Yoga Activities”). In connection with my participation in the Yoga Activities, I understand, acknowledge and agree as follows:
• Participation in the Yoga Activities is completely voluntary and it is solely my decision to participate in such activities.
• The practice of yoga involves physical movement and exercise which may from time to time be strenuous, and that such practice carries some risk of injury. I am qualified, in good health and in proper physical condition to participate in the Yoga Activities. I understand that I must judge my own capabilities with respect to practicing yoga and Pilates at Cape Ann Power Yoga and will only participate in the appropriate level of classes that are within my limits and capabilities. I acknowledge that it is my sole responsibility to confirm that there is no medical or other reason preventing me from participating in the Yoga Activities. If I am pregnant, I shall only participate in the Yoga Activities after I have discussed the potential risks with my obstetrician. I shall follow my obstetrician’s advice and instructions about whether and to what extent I can participate in the Yoga Activities. I agree that I (and my spouse/partner, heirs, and guardians) will hold Cape Ann Power Yoga harmless for any possible injury to myself, my spouse/partner, heirs, guardians and/or my child/fetus.
• If I believe any conditions are unsafe, I will immediately discontinue participation in the Yoga Activities.
• It is my responsibility to inform the instructor immediately if an injury occurs in connection with the Yoga Activities.
• That participation in Yoga Activities involves risks of serious bodily injury and possibly death, which may be caused by my own actions or inactions or those of others participating in the Yoga Activities. I am voluntarily participating in the Yoga Activities with full knowledge of the dangers involved and hereby agree to accept full responsibility for any/all injury or death, including without limitation, personal, bodily or mental injury, economic loss or any damage that I suffer resulting from the acts of anyone at, or acting on behalf of, Cape Ann Power Yoga.
• As consideration for my being permitted to participate in the Yoga Activities, I (and my spouse/partner, heirs, guardians, and legal representatives) release Cape Ann Power Yoga Yoga, LLC, its parent companies, subsidiaries, affiliates and assigns and each of their predecessor and successor organizations and each of their current and former principals, instructors, partners, officers, directors, employees, insurers, agents and representatives and the owners/lessors of the premises wherein the Yoga Activities take place (“Releases”) from any and all liability and claims for damages arising out of, relating to and/or by reason of my voluntary decision to participate in the Yoga Activities including the use of any equipment or the facilities. I further agree that, I (and my spouse/partner, heirs, guardians and legal representatives) will not make a claim against, sue, or attach the property of Cape Ann Power Yoga or Releases for injury or damage resulting from the negligence, misconduct or other acts or omissions, howsoever caused, by any employee, agent, or contractor of Cape Ann Power Yoga as a result of my participation in the Yoga Activities. If I, or anyone acting on my behalf, make a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any loss, liability, damage or costs which may incur as a result of such claim.
• In connection with my participation in the Yoga Activities, I agree to abide by any reasonable rules and policies of Cape Ann Power Yoga.
• Assignment-This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cape Ann Power Yoga without restriction.
WAIVER OF CLAIMS OF DEFECTIVE EQUIPMENT
You understand and acknowledge that Cape Ann Power Yoga does not manufacture any of the fitness or other equipment at its facilities, but purchases or leases equipment from third parties. As such, you understand and acknowledge that Cape Ann Power Yoga is providing solely recreational services and may not be held liable for defective products.
DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to this Agreement, brochures, or any other literature concerning the program, or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be subject to the following conditions: 1) the dispute will be governed by Massachusetts law; 2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in Massachusetts under the supervision of a mutually agreed upon mediator; 3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in Massachusetts using one arbitrator pursuant to the then existing rules of the American Arbitration Association; 4) the maximum amount of recovery to which a participant will be entitled under any and all circumstances will be the published tuition cost of the program with Cape Ann Power Yoga. This Agreement to arbitrate does not waive or modify any liability release agreed by the Student. Arbitration against Cape Ann Power Yoga must be commenced within one year following the date of vacation completion. Neither the Company nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to punitive damages.
This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Buyer and Cape Ann Power Yoga. Cape Ann Power Yoga has made no express or implied warranties or representations other than those expressly set forth in this Agreement to induce Buyer to enter into this Agreement.
Manual, handwritten, or oral changes to this Agreement are not valid. Only a written document entitled “Amendment to Membership Agreement” signed by both an authorized representative of Cape Ann Power Yoga and student may change this Agreement. Employees are not authorized to make any independent agreements with any Member.
If Cape Ann Power Yoga does not enforce any right in the Agreement for any reason, Cape Ann Power Yoga does not waive its right to enforce it later. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original Agreement.
If any provision of this Agreement is held unenforceable, it is the parties’ intention that said unenforceability not affect other provisions of this Agreement.
By clicking the acceptance of these terms and conditions, you are certifying that you are at least 18 years old and that you have reviewed and agree to the Terms and Conditions of this Agreement. You further understand that you are responsible for payments described herein and elsewhere on the Cape Ann Power Yoga website.