This Three Month Membership Agreement (this “Agreement”) is by and between Inlet Yoga (“Company”) and You, (the “Member”), for yoga and wellness services provided by the Company in exchange for payment of a monthly, quarterly, or annual membership fee (the “Membership Fee”).
For good and valuable consideration, the parties hereby agree as follows:
- Member agrees to allow Inlet Yoga to charge my credit card monthly for the purpose of your membership fee under the terms and conditions of my Membership Agreement. Membership dues are required up front with a valid credit or debit card only. A credit card must be left on file upon initial membership purchase for the automatic payment plan. The Membership fee will be automatically deducted from the credit card on file monthly from the date of purchase.
- Member may revoke credit card authorization by providing 5 days’ written notice via US Postal Mail or E-mail to [email protected], in advance of Member’s next pre-authorized payment date. Member agrees that revocation of this authorization does not terminate my agreement and that Member will continue to be responsible for any outstanding fee or dues in respect of my Membership Agreement.
- Member agrees to inform Inlet Yoga of any change in my credit card information (ie. expiry date) within 5 days of the next pre-authorized payment.
- Member acknowledges that there is a charge for credit cards that fail pre-authorization and that there is a fee of $25.00 for each pre-authorization failure which may result in more than one $25.00 charge to the Member’s Account. WellnessLiving the business management system Company utilizes auto tries multiple times, and fees may accumulate automatically against Member’s credit card and WellnessLiving account and will be charged accordingly when Members credit card failures have been remedied.
- Member, in addition to their payment for the monthly membership, will be charged the credit card processing fee paid to Paragon Payment Systems to manage Company’s credit card processing. The fee for the credit card transaction in any amount paid to Company is 3.5% for each time the monthly membership is charged, each month throughout the year.
- Member has been advised of and acknowledges the terms and conditions of pre-authorized credit card payments and my responsibilities with respect thereto.
- The minimum period for this Agreement is three (3) months and is considered the minimum period (the “Minimum Period”). After the Minimum Period expires, the membership will continue to automatically renew on an quarterly (every three (3) months) basis under the terms of this agreement, until the Member informs the Company of the desire to cancel the membership. Member understands that this Agreement does not include any workshops or teacher training.
- Member understands that at the end of the three (3) months Inlet Yoga will CONTINUE to bill $77.00, $87.00 or $97.00 respective to the agreement plan Member agreed to and such terms monthly unless notified of cancellation in writing 30 days prior to next billing date.
- If Member signed up with a promotional fee from a Company promotion different from 4.1. above, such fee will continue to bill respective to the agreement plan terms monthly unless notified of cancellation in writing 30 days prior next billing date.
- Legacy Membership rates for new members in the amounts of $55.00 and $59.95 per month are no longer available as of September 1, 2018.
- New Members on this agreement pay a $77.00 per month membership fee for a minimum of three (3) months.
- Members currently paying any legacy membership fees, per month and who’s accounts are active and billing is current may be grandfathered in at such rates until such time the Member cancels, defaults on their membership, or Company raises the monthly rate to adjust for market value. Should cancellation or default occur, the former Member is no longer eligible for the grandfathered rate and will be considered a New Member if they choose to sign up again and are eligible at that time for the membership fee as indicated in 4.3. of this Agreement.
- If Member terminates this Agreement for any reason before the end of the Minimum Period, the Member will pay a $160.50 as the cancellation fee. This fee will be drawn from a credit/debit card used at the time of sign-up, can be paid by check, cash or bank draft, and will be charged at the time of cancellation. Member understands that failure on its part to regularly attend yoga classes does not relieve it of the monthly obligation to pay the membership obligation in full. If a member must terminate this agreement prior to its renewal date:
- The request must be in writing or via email to Company at [email protected] (please put “Yoga Membership” as the subject heading of the email). The company does not accept phone, verbal, or voice mail cancellations. In turn, Company will send a confirmation via email after the changes have been made to your membership.
- If terminating for medical reasons, moving further than 30 miles from Inlet Yoga Studio, proper documentation is requested with your membership termination letter.
- If no credit or debit card exists in the Company software management system, Inlet Yoga will bill and invoice the Member for payment to be remitted within 30 days of invoice delivery.
- In order to terminate this Agreement after the Minimum Period a Member must notify Company at least 30 days prior to the next automatic charge against its credit card in writing, please see 3.1 above for instructions on how to request the cancellation. The company does not accept phone, verbal, or voice mail cancellations. In turn, Company will send a confirmation via email after the changes have been made to your membership.
- If the minimum period has been met, and Member terminates their membership in accordance with the above instruction will not apply.
- Once a Member has submitted an e-mail request for any changes to a membership, it is the Member’s responsibility to ensure that Company has responded back to the same e-mail account to confirm processing the request. The company is not responsible for Member’s negligence in checking their own credit card statements to ensure that membership changes, holds, or cancellations have been processed correctly.
- In the event of miscommunication, Member is responsible to produce a copy of their request and response from the Company for review. Only then, if Company did not perform what it agreed to do, Company will reimburse any funds rightfully owed to Member. If Member cannot produce a copy of e-mail correspondence with Company, the Company is not obligated to, nor will refund under any circumstances, dues charged to Member’s credit card.
- Member agrees to purchase the membership for the Membership Fee as an automatic charge to its credit card, or automatic debit to its checking account, for each month for the Minimum Period. Member agrees to allow Company to charge its credit card for the Membership Fee in accordance with this Agreement.
- Member hereby certifies that it is the holder of the credit card described above. Member understands that it will be notified if its credit card fails to authorize for any reason and that Member will be required to pay Company for any amounts of the Membership Fee which were unpaid due to the failure of its credit card to authorize for any reason. If the Member’s Credit Card fails to authorize for seven (7) business days, The Member’s Membership will be suspended until such time they have updated their Credit Card with a new one.
- Company and Member agree that any dispute or controversy relating to this Agreement shall be settled by arbitration held in Middletown, NJ, in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Company and Member shall each pay one-half of the costs and expenses of such arbitration, and each shall separately pay its respective counsel fees and expenses.
- Member understands that its membership will be deactivated if its account becomes more than 30 calendar days late and considered in default, and the Membership must still be terminated in accordance with 3.1 above or deactivated Member continues to accrue monthly fees.
- If Monthly fees are not satisfied after 90 days, deactivated Member may be referred to a collections agency for both the fees in arrears, transaction fees, termination fee if applicable and any material administrative fees.
- Membership Hold
- Eligibility for Membership Hold: Annual members (“Members”) of Inlet Yoga (“the Studio”) are eligible to temporarily suspend their membership (“Membership Hold”) under the terms and conditions set forth in this clause.
- Duration of Membership Hold: A Member may request a Membership Hold for a minimum period of one (1) month and a maximum period of two (2) months in any membership year.
- Request Procedure: To initiate a Membership Hold, a Member must submit a request to the Studio’s management at least seven (7) days prior to the desired start date of the Membership Hold. The request must be made in writing and include the reason for the hold, along with the desired start and end dates.
- Approval and Confirmation: Membership Hold requests are subject to approval by the Company. Upon approval, the Company will provide written confirmation to the Member, including the adjusted membership end date.
- Extension of Membership Term: The Member’s annual membership term will be extended by the exact duration of the Membership Hold. For example, if a Member places their membership on hold for two (2) months, the original membership expiration date will be extended by two (2) months.
- Limitations and Restrictions:
- A Membership Hold may only be requested once per membership year.
- Membership benefits, including but not limited to class access and member discounts, will be suspended during the Membership Hold period.
- Members must resume their membership on the agreed-upon end date of the Membership Hold. Failure to do so may result in the forfeiture of the Membership Hold benefit and a return to the original membership expiration date.
- Fees and Payments: No additional fee will be charged for the Membership Hold. Monthly membership dues will be suspended during the Membership Hold period and will resume automatically upon the end of the Membership Hold.
- Changes and Cancellations: Any changes to or cancellation of the Membership Hold must be communicated to the Studio in writing at least seven (7) days before the scheduled end of the Membership Hold.
- Governing Terms: This Membership Hold clause is subject to the terms and conditions of the overall membership agreement and Inlet Yoga’s policies. In the event of any conflict between this clause and the broader membership agreement or policies, the terms of the broader agreement or policies shall prevail.
- Member agrees that Member will or have already signed an Inlet Yoga “Release and Waiver of Liability” either electronically or paper signature document and agree to the terms and conditions within that document. If for any reason Member has not signed a “Release and Waiver of Liability” the copy located at the following URL https://www.inletyoga.com/release-of-liability/ prevails, and Member agrees to its terms and conditions.
- Terms and conditions may be refined periodically without notice. It is the responsibility of the member to retain a printed copy of the terms and conditions they have agreed to upon becoming a member.
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Updated July 7th 2023.