aUM Yoga & Polarity Student Terms and Conditions
aUM Yoga + Polarity classes, instruction and other activities are available to individuals in different forms, including at aUM Yoga + Polarity studios, through aUM Yoga Yoga online programs and channels (such as aUM Yoga Live, YouTube, and Yoga on Demand), and at in-person and virtual events and activities organized by aUM Yoga. Not all participants in aUM Yoga or Polarity activities need to be members of aUM Yoga; however, participants in specific aUM Yoga programs and activities agree to the additional terms and conditions of those programs and activities, certain of which are set forth below in these Student Terms and Conditions, and others are described in the class description and/or at the location of those specific programs and activities.
All participants in aUM Yoga + Polarity programs and activities agree to the Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement below. Additionally, in connection with the reopening of aUM Yoga studios and the ongoing COVID-19 situation, participants using aUM Yoga studios agree to the COVID-19 Terms and Conditions described below.
In consideration of, and as an inducement and condition to, aUM Yoga, LLC and its designees, including, without limitation, its affiliates, allowing you to participate in yoga classes, pole classes, instruction, exercises, and other programs, events and activities conducted or organized by or through aUM Yoga and/or Polarity, whether in-studio, in person, online, live, recorded or otherwise (collectively, with all related activities, the “Activities”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree to these Student Terms and Conditions (these “Student Terms”). Your participation in any Activities by aUM Yoga and/or Polarity programs indicates your acceptance of and agreement to all of these Student Terms as in effect from time to time, including, without limitation the Arbitration Provision below, and any changes or updates to or replacements of these Student Terms.
We may change, update, terminate and replace these Student Terms, programs, benefits and Activities from time to time, in whole or in part, at any time, and without notice or compensation, even though such actions may affect the programs, benefits and Activities or your participation in such programs, benefits and Activities. We may provide information regarding such matters by electronic means, including posting these materials online at: www.aumyogaannarbor.com/studenttermsandconditions. Consult the then-current Student Terms for terms and conditions of membership and participation. It is your responsibility to review the the current Student Terms. See “Changes” below.
All participants in aUM Yoga + Polarity programs and activities agree to the Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement below. Additionally, in connection with the reopening of aUM Yoga studios and the ongoing COVID-19 situation, participants using aUM Yoga studios agree to the COVID-19 Terms and Conditions described below.
In consideration of, and as an inducement and condition to, aUM Yoga, LLC and its designees, including, without limitation, its affiliates, allowing you to participate in yoga classes, pole classes, instruction, exercises, and other programs, events and activities conducted or organized by or through aUM Yoga and/or Polarity, whether in-studio, in person, online, live, recorded or otherwise (collectively, with all related activities, the “Activities”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree to these Student Terms and Conditions (these “Student Terms”). Your participation in any Activities by aUM Yoga and/or Polarity programs indicates your acceptance of and agreement to all of these Student Terms as in effect from time to time, including, without limitation the Arbitration Provision below, and any changes or updates to or replacements of these Student Terms.
We may change, update, terminate and replace these Student Terms, programs, benefits and Activities from time to time, in whole or in part, at any time, and without notice or compensation, even though such actions may affect the programs, benefits and Activities or your participation in such programs, benefits and Activities. We may provide information regarding such matters by electronic means, including posting these materials online at: www.aumyogaannarbor.com/studenttermsandconditions. Consult the then-current Student Terms for terms and conditions of membership and participation. It is your responsibility to review the the current Student Terms. See “Changes” below.
- I. Account; Rules and Directions
- To participate in Activities, you must have the appropriate aUM Yoga and/or Polarity Mindbody account. If you do not have a membership account, create an account at www.aumyogaannarbor.com or www.polarityannarbor.com. By participating in aUM Yoga and/or Polarity Activities you agree to observe all rules and directions of aUM Yoga and/or Polarity and the locations (in-studio, in person, online or otherwise) at which any Activities take place.
- Our schedule is subject to change at our discretion. We reserve the right to cancel any studio or virtual class, workshop, or event for reasons including, but not limited to: inclement weather, instructor illness, or low registration. We reserve the right to substitute or change instructors assigned to classes. If class is cancelled due to inclement weather or other extenuating circumstances, class cancellations will be posted on our website, Facebook, and Instagram. Please check our schedule regularly, class times may change, and we may be closed for holiday weekends and/or private events.
- II. Class Reservations; Walk-Ins
- Any use of aUM Yoga and/or Polarity studio will require an advance reservation, which may be made at www.aumyogaannarbor.com, www.polarityannarbor.com, or on the MINDBODY app. Studio reservations are subject to the terms and conditions of a reservation (including reservation, cancellation, credit, and refund conditions and policies). To make a reservation you must have an available paid class in your account.
- At this time there is no walk-in use of the aUM Yoga and/or Polarity studios. As walk-in use become available, we will provide information regarding such use by such methods as we determine.
- III. COVID-19 Terms and Conditions
- In addition to and as a part of the Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement below: I understand that the COVID-19 (novel coronavirus) pandemic is an ongoing public health situation. I understand that COVID-19 (including variations and mutations) is a highly communicable virus that can cause, among other conditions, severe respiratory illness, sometimes leading to death, in individuals who contract it. I will not attend in-studio or any other in-person Activities conducted or organized by or through aUM Yoga if I am exhibiting symptoms of COVID-19 (which can include, without limitation, fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell), or if I have been exposed to a third party who has exhibited COVID-19 symptoms in the 14 days preceding my participation in the Activities. I understand and expressly agree that my use of aUM Yoga and/or Polarity studio or participation in any other in-person Activities conducted or organized by or through aUM Yoga involves the risk that I could contract COVID-19 notwithstanding the mitigation measures in place by aUM Yoga. I understand that these risks are inherent to my use of the facilities or participation in such Activities and can range from mild symptoms to major illness, including death. I further understand and voluntarily accept full responsibility on my behalf for the risk of contracting COVID-19.
- IV. Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement
- I fully understand that participation in the Activities includes, without limitation, strenuous physical and mental activities and exercises, participating in the Activities with other participants, contact with unidentified and unfamiliar persons, participating in the Activities in new and unfamiliar places and manners, exposure to risks in the areas in which the Activities are conducted, and exposure to communicable diseases (including COVID-19 risks, as further detailed above in COVID-19 Terms and Conditions). I fully understand that the Activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY OR MENTAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to myself, my property, and to other third parties and their property, which may be caused by my own actions or inactions, those of others participating in the Activities, the locations, places and/or buildings at, on or in which the Activities take place, the conditions at, on and in which the Activities take place (including equipment, ventilation and surfacing for the Activities), or the negligence or misconduct of any of the “Releasees” named below; and I fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages I or any third parties incur as a result of my participation in the Activities, including property theft. I represent that I understand the nature of the Activities. I further represent that I am participating in the Activities voluntarily, and that I am in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. I will discontinue my participation in the Activities if I believe at any time my participation poses a threat to myself or any third party. If I have any injury or condition that potentially affects my participation in the Activities, I will consult with my physician or other applicable provider regarding my participation, and follow all applicable provider instructions, which is my sole responsibility.
- I, on behalf of myself and anyone who obtains any rights from or through me, hereby forever and irrevocably release and discharge aUM Yoga; the owners, lessors, lessees and any other individual or entity with any interest in the locations, places and/or buildings at, on or in which the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, any technology applications and platforms facilitating the Activities in any manner); any sponsors, advertisers or promoters of any of the foregoing; any of the respective parents, subsidiaries, affiliates, partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, volunteer, employee, representative or agent of any of the foregoing (each a “Releasee” herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to my participation in or attendance at the Activities; my attendance at the locations, places and/or buildings at, on or in which the Activities take place; or any first aid, treatment or any like service rendered in connection with the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY OR MENTAL INJURY, ILLNESS OR DEATH) caused or alleged to be CAUSED IN WHOLE OR IN PART BY (i) THE NEGLIGENCE OR MISCONDUCT of any Releasee or otherwise, including negligent rescue operations; (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with my participation in or attendance at the Activities, or my attendance at the locations, places and/or buildings at, on or in which the Activities take place; (iii) the voluntary disclosure of my medical information; (iii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of my name, image, likeness, voice and/or other personal attribute(s) or other personal information (collectively, my “Personal Attributes”). I further covenant and agree not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement. I agree that as further consideration for being permitted to participate in any of the Activities, I hereby grant aUM Yoga, LLC and its designees, and their respective affiliates, licensees, permitees, successors and assigns, and each of them, an unrestricted, absolute, universal, perpetual, irrevocable, non-royalty bearing, and transferable right and license (but not any obligation) to use, copy, transmit, distribute, display, modify, perform, present, transform, create works and derivative works, and otherwise promote or utilize my Personal Attributes filmed, captured, photographed or otherwise recorded or memorialized in any manner in connection with any of the Activities, in any medium or format whether now or hereafter existing (including, without limitation, print, direct mail, online, mobile or wireless communications, radio or television broadcast, telecast or photograph), for any purpose whatsoever (including, without limitation, in connection with the creation, advertising, sale and/or promotion of any products and/or services), and without any payment, consideration or notice to or consent by me or any third party. I hereby forever and irrevocably waive any rights I may have in or to any of the foregoing, and I understand and agree that aUM Yoga, LLC and its designees are the exclusive owners (to the extent the materials are created by or at the direction of each such party) of any and all right, title and interest, including copyright, in and to any materials of any kind or nature containing or developed from use of my Personal Attributes.
- I have read this this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, understand that I have given up substantial rights by agreeing to it and have agreed to it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. I hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, or to rescind, limit or disaffirm this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.
- If Participant is Under 18 Years of Age: If you are under 18 years of age, you represent and warrant to aUM Yoga and/or Polarity that your parent or legal guardian has reviewed these Student Terms and agrees as follows: I am the parent or legal guardian of participant; I consent to, join in and approve the foregoing Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement; I will ensure that my child honors his/her obligations hereunder; and I will indemnify and hold Releasees harmless from and against any Losses arising out of or in any way related to (i) this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement or the rights granted herein, (ii) my child’s attendance at or participation in any of the Activities, or my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place, (iii) any breach of the above representations, warranties and agreements, or (iv) any attempt to rescind, limit or disaffirm the foregoing. I hereby expressly approve of my child’s attendance at or participation in any or all of the Activities, and my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place.
- Activities Organized Through Your Account: Certain Activities (e.g., virtual or studio private group sessions) may be organized through your aUM Yoga account in which other individuals participate. If you are the parent or legal guardian of those individuals, you make the representations, warranties and agreements as to those individuals (including the releases, waivers and indemnifications) as to your child’s participation as set forth above in “If Participant is Under 18 Years of Age.” For all other individuals, you are responsible and liable for such individual’s participation in the Activities under these Student Terms as if such participant was you. You are responsible for your aUM Yoga account(s) and any Activities conducted under your name or associated with your account.
- V. Purchased Studio Classes Terms and Conditions
- In our various materials, we may refer to a class or classes as “purchased studio class/classes,” “in-studio class/classes,” “studio class/classes,” or simply “class/classes,” and to multiple classes and/or unlimited classes available for purchase and storage in your account as a “class pack.” aUM Yoga and/or Polarity may also make available studio classes on a promotional basis from time to time, on such additional or other terms and conditions applicable to the promotion. You must have an aUM Yoga account to make a studio class purchase. Purchased classes will be reflected in your account, and may be redeemed and used only at aUM Yoga and/or Polarity for eligible classes.
- Purchased classes are personal to the purchaser, have no cash value, and are not assignable or transferrable. Purchased Classes are subject to restrictions, which may vary from time to time, including, without limitation, restrictions on use based on the location/studio at which a class is purchased and/or redeemed.
- Purchased classes are nonrefundable and expiration dates are strictly enforced.
- VI. aUM Yoga Live Terms and Conditions
- aUM Yoga Live is a program of aUM Yoga. aUM Yoga Live offers members and nonmembers the opportunity to purchase and/or participate in live online yoga and fitness classes. The terms and conditions of the aUM Yoga Live program (the “aUM Yoga Live Terms”) are as follows:
- Create an aUM Yoga Live Account: To register for aUM Yoga Live classes, go to https://www.aumyogaannarbor.com/virtualschedule.html. To create an aUM Yoga Live account, provide all required information and consents, including a valid email address, complete a participant liability release and any other forms, terms and conditions, required by aUM Yoga, and complete or acknowledge any additional forms, terms and conditions. All purchases are nonrefundable unless otherwise required by applicable law. aUM Yoga Live class credits are not transferrable, have no cash value, and expiration dates are strictly enforced. aUM Yoga Live classes are separate from any other programs, classes, memberships and other offerings of aUM Yoga, including Yoga on Demand.
- Class Access: Approximately ten (10) minutes prior to the scheduled start of a aUM Yoga Live class for which a valid registration has been made, a participant will receive an email with a zoom access code and password. aUM Yoga reserves the right to send such notices at other time(s). All aUM Yoga Live classes must be purchased and registered in advance, and are subject to class size availability. All registrations are with respect to specific scheduled aUM Yoga Live classes. Class registration, and class access codes and passwords, are nontransferable.
- Class Changes: An aUM Yoga Live class for which a valid registration has been made may be changed by a participant only if a participant cancels the class registration on aUM Yoga’s Website using the participant’s account more than twenty (20) minutes before the scheduled start time for such class (cancellations within twenty (20) minutes of the scheduled start time for a class will not be recognized). If notice of class cancellation is not timely, no aUM Yoga Live class credit will be given. aUM Yoga Live class credits have no cash value. Classes are live and the instructor is recorded. aUM Yoga reserves the right to cancel and reschedule classes for personnel, technical or other issues.
- Termination: Upon termination of aUM Yoga Live by aUM Yoga, if a participant has an unexpired aUM Yoga Live class credit in the participant’s aUM Yoga Live account as of the effective date of termination of the program, aUM Yoga reserves the right (but does not have the obligation) to convert any or all such credits to aUM Yoga in-studio yoga class credits, at its discretion. Any such credits will not be refundable and/or transferrable and have no cash value.
- Third Party Providers: aUM Yoga Live classes are currently delivered by Zoom Video Communications, Inc. (“Zoom”), which is a third party provider of the Zoom application. aUM Yoga is not responsible or liable for any aspect of the Zoom application, or the operation or use thereof. See www.zoom.us for information regarding Zoom and the Zoom application. aUM Yoga is not a party to any user agreement or terms and conditions between a participant and Zoom, including, without limitation, any privacy policy or terms of use, all of which are accepted by a participant. Zoom is solely responsible for all matters regarding the Zoom application, including, without limitation, application functionality, terms of service, and any claims that you may have related to the Zoom application or the operation or use thereof. aUM Yoga reserves the right to change technology platforms from time to time without notice, and the foregoing shall apply to such substitute technology provider and platform substituting such provider’s name.
- Notices: aUM Yoga does not warrant uninterrupted or error-free operation of the aUM Yoga Live classes or any related service. aUM Yoga is not responsible for technical failures of any kind, including but not limited to, the malfunctioning of any computer online systems or applications, media or computer equipment, website, server provider, network, hardware or software; or the unavailability or inaccessibility of any website, application or service. aUM Yoga MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OF NONINFRINGEMENT, ARISING FROM COURSE OF PERFORMANCE OR DEALING, USAGE OR TRADE.
- Each aUM Yoga Live class and other information is owned by aUM Yoga and subject to all copyright, trademark and other intellectual property laws, rules and regulations. Any reproduction, distribution, or public performance of all or part of any class or other information is expressly prohibited unless aUM Yoga has explicitly granted its prior written consent. All rights to the aUM Yoga Live classes and other information are reserved by aUM Yoga.
- VII. Yoga on Demand Terms and Conditions
- Yoga On Demand is a program of aUM Yoga. Yoga On Demand offers aUM Yoga and Polarity members and nonmembers the opportunity to participate in prerecorded, on demand, online video aUM Yoga classes. The terms and conditions of the Yoga On Demand program (the “Yoga On Demand Terms”) are as follows:
- Create a Yoga On Demand Account: An aUM Yoga on demand account can be created here: https://vimeo.com/aumyogaa2/vod_pages.
- Subscription Purchases: Separate purchases may be of rentals, individual purchases, and/or monthly subscriptions to the Yoga on Demand online, on demand video library. Purchases and associated payments must be made at https://vimeo.com/aumyogaa2/vod_pages using a valid debit or credit card; aUM Yoga gift cards cannot be used to pay for Yoga On Demand subscriptions. Purchases are subject to applicable taxes and assessments. All purchases are nonrefundable unless otherwise required by applicable law. Yoga On Demand accounts and subscriptions are not transferrable and have no cash value. Yoga On Demand classes are separate from any other programs, classes, memberships and other offerings of aUM Yoga, including aUM Yoga Live.
- Class Access: Classes are available at https://vimeo.com/aumyogaa2/vod_pages (the “Yoga on Demand Website”). Sign into your Yoga on Demand account at , and choose and access your desired available class content. Internet compatible media player with available Yoga On Demand applications as specified by aUM Yoga or its third party service provider are required. Subject to normal Internet and application access and usage charges imposed by third parties. aUM Yoga reserves the right to add, remove and modify available classes and content for any reason and at any time.
- Third Party Providers: Yoga On Demand classes are currently delivered by Vimeo OTT Solutions, Inc. (“Vimeo”), which is a third party provider of the Vimeo online platform that allows Yoga on Demand users to view aUM Yoga’s video programs. aUM Yoga is not responsible or liable for any aspect of the Vimeo applications, or the operation or use thereof. Vimeo also collects and processes payments for Yoga on Demand subscriptions. aUM Yoga is not a party to any user agreement or terms and conditions between a participant and Vimeo, including, without limitation, any privacy policy, terms of use, or payment and payment processing agreements, all of which are accepted by a participant. Vimeo is solely responsible for all matters regarding the Vimeo application, including, without limitation, application functionality, terms of service, and any claims that you may have related to the Vimeo application or the operation or use thereof. Vimeo is also solely responsible for all matters regarding subscription payments and processing, including, any claims that you may have related thereto. aUM Yoga reserves the right to change technology platforms from time to time without notice, and the foregoing shall apply to such substitute technology provider and platform substituting such provider’s name.
- Notices: Use of the Yoga On Demand Website is subject to Vimeo’s terms, conditions and policies, including Vimeo’s privacy policy. Use of the Yoga On Demand Website may also be subject to such additional policies, terms and conditions as required from time to time by aUM Yoga.
- aUM Yoga does not warrant uninterrupted or error-free operation of the Yoga On Demand website or application or Yoga On Demand classes or any related service. aUM Yoga is not responsible for technical failures of any kind, including but not limited to, the malfunctioning of any computer online systems or applications, media or computer equipment, website, server provider, network, hardware or software; or the unavailability or inaccessibility of any website, application or service. aUM Yoga MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OF NONINFRINGEMENT, ARISING FROM COURSE OF PERFORMANCE OR DEALING, USAGE OR TRADE.
- Each Yoga On Demand class and other information is owned by aUM Yoga and subject to all copyright, trademark and other intellectual property laws, rules and regulations. Any reproduction, distribution, or public performance of all or part of any class or other information is expressly prohibited unless aUM Yoga has explicitly granted its prior written consent. All rights to the Yoga On Demand classes and other information are reserved by aUM Yoga.
- VIII. Memberships
- aUM Yoga + Polarity offer different Membership Agreements. The “Bronze”, “Gold”, and “Platinum” Membership agreements are all programs of aUM Yoga. These Memberships have a monthly fee. These Memberships are available for purchase here: https://www.polarityannarbor.com/pricing.html. Each Membership Agreement has a minimum monthly commitment. Membership is nontransferable and nonrefundable. The terms and conditions of the Memberships are as follows:
- Eligible Participants; Enrollment; Continuing Eligibility: Eligible participants in these Membership programs are individuals who enroll for a monthly autopay AUM Yoga membership using a valid debit or credit card. As part of enrollment or continued membership, any other required membership documents, agreements and waivers must also be completed and submitted, including any Membership forms. To continue to be eligible, the participant’s membership and membership account must remain in good standing with aUM Yoga at all times, including, without limitation, by not terminating or changing the participant’s AUM Yoga membership, or allowing the participant’s aUM Yoga membership to be terminated or lapse, and by maintaining payment by autopay for participant’s monthly membership fees. Once Membership eligibility ceases, a member may not take advantage of the Membership benefits. Monthly payments are for an entire month as based on a member’s monthly billing cycle. Memberships are nonrefundable, and aUM Yoga does not provide refunds or credits for any partial month. Memberships are non-cancellable within their outlined terms.
- Auto-Renewal Agreement Terms and Member Card Charge Authorization: I understand that my Membership will continue to auto renew within the contract terms. I understand that I will be expected to pay any and all fees and charges associated with my account that are outstanding when my account is cancelled. I authorize AUM Yoga Yoga, LLC, and their respective third-party payment processor(s) to charge my debit or credit card on a monthly basis for the price of my Membership, and for any other fees and charges as and when incurred by me in using my AUM Yoga Membership, or AUM Yoga products, services or facilities, including without limitation all reservation and late cancel/no show fees. Changes to this authorization agreement by AUM Yoga will be reflected in any changes to this Auto-Renewal Agreement Terms and Member Card Charge Authorization.
- Restrictions: Membership benefits are nontransferable and may only be used by the applicable member, and only so long as the individual is in good standing with aUM Yoga. All At Home Program benefits have no cash value, and are not redeemable for cash or any substitute. Membership benefits cannot be combined with any other offer, coupon or promotion.
- IX. Additional Card Charge Authorization
- In addition to the member card charge authorizations for memberships elsewhere in these Student Terms (if applicable), I understand, whether or not I am a member, I may also be separately asked to provide a valid debit or credit card to keep on file with aUM Yoga for future transactions. By providing my debit or credit card in response to such inquiry, I authorize aUM Yoga, LLC, its franchisees, and their respective third-party payment processor(s) to charge my debit or credit card for any fees and charges as and when incurred by me in using aUM Yoga products, services or facilities, including without limitation all reservation and late cancel/no show fees. Changes to this authorization agreement by aUM Yoga will be reflected in any changes to this Additional Card Charge Authorization.
- X. Governing Law
- These Student Terms and any disputes arising under or related to them will be governed by United States federal law and the laws of the State of Michigan, without reference to a state’s conflict of law principles.
- XI. Limitation of Liability
- aUM Yoga shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with the aUM Yoga programs, benefits, Activities, these Student Terms, transactions, your aUM Yoga and/or Polarity account(s) or your relationship with aUM Yoga, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if aUM Yoga or its authorized representatives have been advised of the possibility of such damages. In no event shall aUM Yoga have any liability for unauthorized access to, or alteration, theft or destruction of any of a participant’s aUM Yoga’s account(s) through accident, misuse, or fraudulent means or devices by participant or any third party, or as a result of any delay or mistake resulting from any circumstances beyond aUM Yoga’s reasonable control.
- XIII. Force Majeure
- aUM Yoga is not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill any aUM Yoga and or Polarity programs, benefits or Activities, including, without limitation, any in-person or virtual Activities, in the event AUM Yoga, its vendors or their respective operations are affected by any acts of god, any action, regulation, order, or request by any governmental or quasi-governmental entity, equipment failure, actual threatened terrorist acts, weather, natural phenomenon, war (declared or undeclared), fire, embargo, labor dispute or strike, labor or material shortage, transportation, interruption of any kind, civil disturbance, insurrection, riot, epidemic, pandemic, public health or safety issues or matters, or any laws, rules, regulations or orders or other action adopted or taken by any national, federal, state, provincial, or local government authority, or any other cause, whether or not specifically mentioned above.
- XIV. Precedence; Waiver; Interpretation
- If and to the extent that there is any conflict among or between any website, apps, website or app materials, FAQs, or other aUM Yoga marketing, promotion, communication or descriptive materials and these Student Terms, the language in these Student Terms will control. aUM Yoga’s failure to or decision not to enforce any provision in these Student Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. aUM Yoga reserves the right to interpret and apply these Student Terms, and all determinations by aUM Yoga shall be final and conclusive in each case.
- XV. Changes.
- aUM Yoga may change, update, terminate and replace these Student Terms; change, add, or terminate any programs, benefits and Activities, or participating locations or methods of participation; change, add or terminate any programs, benefits or Activities, or any feature of the programs, benefits and Activities; change any service providers; or change any requirements for initial or continuing eligibility; in whole or in part, at any time, and without notice or compensation, even though such actions may affect the programs, benefits and Activities or your participation in the programs, benefits or Activities.
- You agree that aUM Yoga may provide notices, disclosures, and changes or updates to or replacements of these Student Terms, and other information relating to the programs, benefits and Activities by electronic means, including posting these materials online at www.aumyogaannarbor.com/studenttermsandconditions. Consult the then-current Student Terms for terms and conditions of membership and participation. It is your responsibility to review the current Student Terms.
- Your participation in any Activities or aUM Yoga programs indicates your acceptance of and agreement to all of these Student Terms as in effect from time to time, and any changes or updates to or replacements of these Student Terms.
- XVI. aUM Yoga Remedies.
- aUM Yoga reserves the right to seek all remedies available at law and in equity for violations of any of these Student Terms, including suspending or blocking your access to your aUM Yoga account(s), or terminating your participation in any or all programs, benefits and Activities, and associated aUM Yoga Account(s).
- XVII. Questions; Contact Us.
- If you have any questions regarding aUM Yoga membership, Activities, programs, benefits, or these Student Terms, contact us at [email protected]