Waiver and Release
Member hereby warrants, represents and agrees that he/she has no physical disability, impairment, or ailment preventing him/her from engaging in any exercise activity, or that will detrimental to his/her health, safety, comfort or physical condition, or that of others. Member is advised to consult a physician regarding his/her ability to participate in physical activities and/or use of Anahata yoga equipments and facilities and the physical activities undertaken at Anahata Yoga equipments and facilities imposes physical demands upon him/ her.
Member hereby agrees to waive all claims or rights he/she might otherwise have against the center including the right to sue the center, its employees or agents, for any injuries or claims aforesaid.
Member has carefully read this waiver and release and fully understands this is a release of any and all future claims against the center for any injury or risk of injury resulting from activities while attending center facilities.
Member further agrees to release center from any liability for any loss or theft of personal property.
If this agreement is a monthly term membership, Member authorizes Anahata Yoga to make automatic deductions withdrawals for this/her monthly subscriptions until termination of this/her membership as specified herein. The amount of automatic deduction authorization must allow Anahata Yoga to charge the monthly fee in full or partial amount to cover dues and make periodic increase and/or collect late charges and other costs as specified herein. Autopay may be charged on the fifteenth or the last business day of the month at the sole discretion of Anahata Yoga. Member’s first month’s dues will be pro-rate and added to Member’s first autopay based on the number of days between one month after the date of joining Anahata Yoga and the date of Member’s first autopay.
The respective right of obligations of membership are set forth herein and in the Membership Rules and Guidelines. By signing this Agreement, the member acknowledges his/her understanding and acceptance of the rights and obligations. Such Rules and Guidelines are posted and/or otherwise available at all Anahata Yoga locations. Anahata Yoga reserves the right to amend it Rules and Guidelines from time to time and where appropriate. Member shall ask a Membership Consultant for clarification of any question or concerns prior to signing this Agreement
I have read and agreed to be bound by the Terms and Conditions Of Membership herein and below.
Terms And Conditions Of Membership
Description of Membership
Monthly/Class Package: Member shall pay the fees either by cash/credit card and may not be suspended prior to termination of the term/stipulated classes. Member is not entitled to any refund due to any reason.
Pre-Paid: This membership is for the term mentioned in the purchase receipt.
All monies paid are non-refundable.
Member / Guardian / Co-signer’s Acknowledgement:
Member/Guardian/Co-signer acknowledges that he/she has reviewed and read the terms and conditions set forth herein and accepts this Agreement as a legally binding contract, and all the rights and obligations set forth herein will be in force from the date of signing this Agreement and he/she has the legal age and capacity and is willfully entering into this Agreement.
The package sessions shall expire at the end of the period stated in the Membership details. Any sessions not used by the expiry date may not be used or redeemed.
No refund of any payment made shall be given to any member under any circumstances.
Termination by the center:
Anahata Yoga may terminate this agreement without notice and with immediate effect if his/her conduct is such that in reasonable opinion of Anahata Yoga it may be injurious to the character or interest of Anahata Yoga or to other users of Anahata Yoga or if he/she is in breach of the terms and conditions as from time to time are in force. All decisions of Anahata Yoga under this clause are ﬁnal and binding.
Anahata Yoga shall be entitled to terminate this agreement if he/she fails to pay monthly fees for 1 months or more by giving 1 month’s written notice to you. Such termination shall not affect the right of Anahata Yoga to recover the unpaid fees and interests and related costs and all expenses.
Anahata Yoga shall be entitled to recover from you all costs and expenses incurred in connection with the recovery of unpaid fees and interests and other losses or damages caused by you on an indemnity basis.
Anahata Yoga may terminate this agreement without notice and without cause and with immediate effect, and Anahata Yoga shall refund him/her the remaining membership fee on a pro-rata basis within 30 days.
Termination by the member:
If by reason of death or permanent disability, the member is prevented from using a signiﬁcant portion of the center facilities for which he/she has enrolled, he/ she shall be relieved from the obligation of making payment for services other than those received prior to the onset of the disability or time of death. If services not yet received were prepaid, the pro-rated amount will be refunded within thirty (30) days. A copy of the death certiﬁcate must be submitted to the center within seven (7) days.
The deﬁnition of permanent disability is a condition of non-temporary nature, which would preclude member from physically using a signiﬁcant portion of the facilities for the remainder of the term of the membership is documented in writing by a certiﬁed physician.
Any request for termination/cancellation by the member, must be in writing and be submitted to the center of enrollment. This is the only manner by which termination/cancellation of this membership will be granted, subject to the terms and conditions set forth above.
Non-transferability of membership:
Membership cannot be transferred, sold or assigned to any one.
Member also cannot loan or sell or assign his membership card to any one else.
Private classes, workshops and special events may not be transfered or assigned to any one else.
Suspension of Membership:
Membership can be suspended only in case of pregnancy or injuries which render he/she unable to engage in or any comparable exercise which has to supported by a proof from a certiﬁed physician to be submitted. All suspensions will incur an admin fee of HK$200 per month which need to be paid upfront.
Member’s absence or failure to attend the classes or avail the services for any reason will not relieve him from the obligation to pay the monthly dues.
If the member fails to pay monthly dues on the due auto pay date, center reserves the right to charge a late payment of HK$ 100 for each delayed payment. Center may take appropriate actions to recover any outstanding payments and member shall indemnify center for any costs incurred for such legal actions.
Member will be in default if he/she breaches any of these terms and conditions herein, or if he/she fails to pay any Monthly Dues within 30days after the scheduled autopay dat. If Member is in default, membership privileges may be suspended and the remaining balance due under this Agreement may become immediately due and payable at the Club option. Acceptance of any payment after default will not release member from any obligation under this Agreement to continue payment.
Member shall not be relieved of obligation to make any payments of the enrollment fee herein agreed to, and no fruitions or allowance from any of the said payments shall be made, by reason of the absence or withdrawal of Member from the Club, or by reason of Member’s failure to attend or use the Club facilities.
If Member fails to pay monthly dues on the autopay date, the Club reserves the right to impose a charge of late payment equivalent to the amount of HK$80 for each late payment. The Club may take appropriate actions to recover any outstanding payments and member shall indemnify the Club for any costs and disbursements incurred by or associated with such legal and recovery action.
Member agrees to keep and obey all the rules and regulations now in force or in the future prescribed by the center for the use of center facilities and its equipment including lockers, Attire and personal hygiene. Center reserves the right to revoke or suspend this membership. If members are in breach of the rules and regulations. Payment obligations of the member continue in the event of the membership being suspended due to member’s negligence of following the center’s rules and regulations.
Member must register at the reception desk and provide membership card and other identiﬁable if requested by the center. Class participation is limited by registration and the quantity and layout of the mats. Booking for friends is not permitted.
In the event a member is unable to attend his/her class, he/she is required to give at least 4 hours prior notice of the cancellation. The center reserves the right to charge a no-show fee of HK$200.00 in case the member does not give notice of cancellation for any class he/she has made prior booking. HK$200 in case the member doesn not give notice of cancellation for any class he/ she has made prior booking. If he/she has 2 or more cumulative late cancellations and/or no shows over a 30 day period, his/her booking privileges including online, telephone or walk-in booking will be suspended for 14 days. After 14 days, the booking privileges will be resumed.
Absolutely no bags are allowed in the studio as lockers are available to store the Member’s belongings which must be cleared when the member is leaving the center. Belongings left in the lockers overnight will be removed and non-identiﬁable items found as such will be kept for thirty (30) days and then given to charity.
Members can take two towels from the changing area towel counter for each visit to the Center.
Prohibited activities – The following includes but not limited to the prohibited activities within the center:
Use of steroids, illegal drugs or other behavior altering substances
Smoking or consumption of alcohol in the center premises at any time
Open top or otherwise spill able drink containers in the yoga studio
Food in the yoga studio and changing rooms
Solicitation for proﬁt, political purposes or any other reasons in any form in the center premises
Personal training of a member by another member for compensation
Photography, videotaping, ﬁlming or audio recording without prior written permission of the center
Damage to the center’s property shall be paid by the member who willfully or neglectfully causes such damage. Member is also responsible for damage caused by dependant children or guests accompanying him/her.
Member shall be subject to the control and guidance of the center’s staff and follow the Instructions of the staff while in the center. Member agrees to conduct himself/herself in a quiet and well-mannered fashion when in or about the center facilities to avoid causing disturbance to other members and guests. Under no circumstances can the member use foul, loud, slanderous language at anyone or harass, molest, badger or solicit other members or guests to avoid embarrassment to other members and guests. Those who violate this rule could cause injury to others and spoil the center’s reputation.
Member may bring his/her friends (at least 16 years) to the center by prior appointment only, as long as they follow center’s guest procedure
Center’s guest procedure requires all the guests to check in at the reception desk and sign a liability release form. Every guest must participate in the guest orientation on how to use the center’s facilities. All guests must agree to be bound by center’s rules and regulations.
Guests must hold a HKID and must be first time visitor to center.
This Agreement is governed by the laws of the Special Administrative Region of Hong Kong Entire Agreement: This Agreement constitutes the entire and exclusive agreement between the parties. Any promises, representations, understanding and/or agreements pertaining directly or indirectly to this Agreement, which is not contained herein, are hereby waived. If any particular provision of this Agreement is invalid, the same shall not affect the other provisions hereof.
Disclaimer of Liability
During each class, the member will have at his/her disposal a day locker to store his/her items. The day locker are larger lockers are must be cleared when the member has finished his/her class. Shoe/mat lockers are also available to members and these may be rented on a permanent basis. Please see reception or a consultant foe details. All lockers must be locked with a padlock supplied by the member and for greater safety Anahata Yoga suggests using a KEY padlock and NOT a combination lock. Items left inside the day locker overnight are subject to forced removal. Non-identifiable items found in such lockers will be kept for 30 days and then given to charity. Anahata Yoga is not liable for any items lost or stolen from the day and/or shoe/mat lockers.
The use of the facilities at Anahata Yoga naturally involves the risk of injury to a member him/herself or other members or guest, whether caused by the member or someone else. The member understands and voluntarily accepts the risk. The member warrants and represents that he/she has consulted with his/her licensed General Practitioner prior to beginning any exercise program. The member agrees that Anahata Yoga will not be liable for any injury including, without limitation, personal, bodily, or mental injury, economic loss, or any damage to the member, or his/her relatives resulting from the acts of anyone using the facilities or acts of Anahata Yoga employees or agents. The member agrees to bear all responsibilities for all liabilities or damages arising from any injury, including, without limitation, bodily or mental injury, economic loss, or any damage to another member caused by a deliberate or negligent action of the member him/herself. If any claim is made by anyone based on any injury, loss or damage described here, which involves the member or his/her guest, the member agrees to (i) defend Anahata Yoga against such claims and pay Anahata Yoga for all expense, including legal fees relating to the claim and (ii) indemnify Anahata Yoga for all liabilities to the member and his/her spouse, unborn child, relatives or anyone else resulting from such claims.
Anahata Yoga is not responsible for keeping any items lost or stolen on its premises for any reason whatsoever. Member is responsible for safekeeping their personal belongings on the premises and agrees to release the Club from any liability for any loss or theft of personal property.