ZURA BLOOMS, LLC WAIVER AND TERMS AND Conditions
WAIVER
RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT MEDIA RELEASE
To the fullest extent permitted by law, I hereby acknowledge and agree to the following:
In consideration of participating in health, fitness or yoga studio activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Zura Blooms, LLC and its owners, directors, officers, advisors, employees, instructors, childcare workers, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as "Releasees"), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
1. I acknowledge that health, fitness and yoga studio activities involve known and unanticipated risks, which could result in physical or emotional injury, allergic/anaphylactic reaction, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to: musculoskeletal injuries, broken bones, and/or overuse injuries, injuries caused by equipment that breaks or otherwise fails; death as a result of overheating or brain damage caused by overheating; medical conditions resulting from physical activity; and damaged, clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
2. I expressly accept and assume all the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation. I acknowledge and understand that I am responsible for monitoring my own condition at all times. I agree that if I am pregnant, I have consulted a doctor and have the doctors’ consent before participating in this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
4. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of - all risks that may be created, directly or indirectly, by any such condition.
5. In the event that I file a lawsuit, I agree to do so solely in the state where Releasees' facility is located, and I further agree that the substantive law of that state shall apply.
6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall
remain in full force and effect. By signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
MEDIA RELEASE
I grant Zura Blooms, LLC, and its agents and employees the irrevocable and unrestricted right to reproduce photographs and video images taken of members of my family or me for publication, promotion, illustration, advertising, or trade, in any manner or any medium. I, at this moment, release Zura Blooms, LLC, and its legal representatives for all claims and liability relating to said images or video. Furthermore, I grant permission to use my statements that were given as a testimony of my experience, with or without my name, for advertising and publicity without restriction. Finally, I waive my right to any compensation. I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain.
TERMS AND CONDITIONS
CLASS MEMBERSHIPS AND SERIES PACKAGES
Membership Unlimited Class Packages (Annual or Monthly Auto-Renew)
These packages cannot be shared or transferred. Membership is for the account holder only. Package initiates upon purchase. Packages can be canceled by giving 30 days written notice to info@zurablooms.com. The Annual Unlimited Class Package expires after 12 months. The Monthly Auto-Renew package will convert to published price after the 12 month contract expires and will renew monthly thereafter. Packages can be frozen up for up two months twice per calendar year, Freeze requests must be no less than a 2 weeks period. We will work with you!
New Student Introductory Package – One Month Unlimited Yoga
This package cannot be shared or transferred. Membership is for the account holder only. Package initiates with the first class you take. This package expires after 30 days. Immediately upon expiration you will receive 10% of your next class package or membership purchase. This package cannot be frozen.
New Student 3 Class Intro
This package cannot be shared or transferred. Classes a/k/a credits must be used within 30 days. Upon use of your 3 classes/credits, if you purchase a new class package or membership, you will receive 10% off your next class purchase or membership.
Class Series
All class series packages can be shared or transferred. Subject to cancellation/no-show policies described below.
5 Class package expires in 60 days
10 Class package expires in 120 days
25 Class package expires in 1 year
Single Class/ Credit
Intro packages cannot be purchased after you have taken your first class.
RESERVATIONS AND BOOKINGS
Reservations are mandatory and exclusively set once you book. Cancellations must be updated by you in our scheduling system. You have 2 hours to cancel your reservation (Please note: we have limited space and fees will be applied to your account if cancellation does not occur within 2 hours of the beginning of the class). Failure to cancel within this timeframe results in forfeiture of class/credit as well as any payment of the class. *At this time we are not charging fees or deducting classes/credits but we reserve the right to do so in the future. We ask that you cancel as early as possible y our plans change so that the mat space reopens.
You can book up to 14 days in advance.
Zura will not issue refunds for changes to classes.
If Zura has to cancel a class or a workshop for any reason a full refund will be offered. For class packages, the class will not be deducted.
CANCELLATION POLICY
To cancel your reservation, you must do so within 2-hours of the reservation time. We must do this because waitlisted people need adequate time to be notified of being added to class.
Once the 2-hour window passes you are committed to the class and may be charged for it whether you show or not. * We are not charging cancellation fees or deducting classes/credits currently but reserve the right to do so in the future. We ask that you cancel as early as possible if your plans change so that the mat space reopens.
WAITLIST
If you put yourself on a waitlist, you will be automatically added to the class as people cancel their bookings. If you waitlist yourself you must be committed to taking the booking if you are added to the class. If you are not, then please remove yourself from the waitlist.
If you do not make it in on a waitlist you will not be “charged” for the class.
If you arrive at the studio while still waitlisted for the class, hoping for a space to open up, we have a 5-minute late rule. Once we reach 5 minutes after the start of class you will be given an open space if there is a no show.
NO-SHOW POLICY
Class Series Packages: If you do not show up for a class reservation the class will be deducted from your account.
Member Packages: A $15 no-show charge may be charged to your account.
*We are not charging cancellation fees or deducting classes/credits currently but reserve the right to do so in the future. We ask that you cancel as early as possible if your plans change so that the mat space reopens.
FREEZE POLICY
Annual and auto-renew membership packages can be frozen up to two months per calendar year. Freeze requests must be no less than a 2 week period. No more than 2 requests per year. With a doctor’s note, this package can be frozen for a period beyond two months. We will work with you!
REFUND AND CREDIT POLICY
All purchases are final.
All expiration dates are final At the time of expiration, all unused classes that exist in a class package lose any and all monetary value
AGE REQUIREMENT
Must be 16 years or older to practice at our studio. Ages 16-17 require parental consent and a signed Waiver. Children are welcome in our Family Yoga classes.
GIFT CARDS
Gift cards can be purchased either for a set amount or a specific package.
Gift cards can be redeemed for classes, workshops, account credit, and/or retail purchases. Class Package Gift Cards can only be redeemed for that specific credit package.
Gift cards can be purchasedand sent electronically through our online store or in-studio.
Gift cards are non-refundable and not redeemable for cash.
DISCOUNT GROUPS
Student/Military/Senior/First Responders 10% Discount. One Discount Code per purchase. Proof of eligibility needs to be presented in studio.
RETAIL POLICIES
Items that have been worn may not be exchanged or returned.
Items presented for Return or Exchange must be in the same condition as purchased with the original receipt and packaging/tagging
Exchanges may be accepted within 7 days of purchase
Retail Policies may be changed at any time by Zura staff.
PAYMENT METHODS
Personal or Business Checks are NOT ACCEPTED.
Visa, MasterCard, American Express, Discover, and debit cards are all welcome as payment methods
We do also accept Cash however prefer that all transactions be made through our website.
All unpaid balances and/or unpaid classes with Zura will be reconciled automatically for the full price of the unpaid debt with the credit card on your account if your account is 7 or more days late.
MISCONDUCT
We have a ZERO tolerance policy regarding harassment or misconduct of any kind. If this policy is violated we will ask the offender to leave the studio with the option of asking local authorities to remove the offender. Zura reserves the right to prosecute to the full extent of the law.
Zura and its staff withhold the right to deny access to any person/client that has demonstrated any behavior deemed inappropriate in any way.
Inappropriate behavior may be defined as but not limited to, harassment (sexual or otherwise), in-subordinate, threatening, biased, abusive, potentially harmful, bullying, or unkind to their fellow yogis.
Yogis asked to leave due to any type of harassment or misconduct will not be refunded completely or partially for money paid upfront for their packages or products.
Yogis threatening our staff or business with inappropriate actions will be asked to leave permanently, and refunds will only be provided in accordance with service and product refund policies above.
All clients are expected to follow the policies of Zura Blooms LLC.
COVID- 19 Policy
Zura’s goal is to create a safe and healthy environment for all who choose to walk through our doors. An environment where we can all come together again and feel comfortable. We strictly follow CDC recommendations and New Jersey State guidelines and reserve the right to make revisions as necessary to the rules and policies below.
I acknowledge the contagious nature of the COVID-19 virus and acknowledge that Zura Blooms LLC adheres to CDC recommendations and New Jersey State mandated guidelines. I acknowledge that Zura Blooms LLC has put in place preventative measures to reduce the spread of the COVID-19 virus to the best of their abilities.
I further acknowledge that no guarantee exists regarding whether or not I may contract COVID-19. I understand that the risk of becoming exposed to and/or infected by the COVID-19 virus may result from the actions, omissions, or negligence of myself and others, including but not limited to paid staff, volunteers, and others
In the event a participant tests positive for COVID-19 within 48 hours of the activity, I hereby waive confidentiality and authorize Zura Blooms LLC to disclose the participation list to the local public health authorities for the purpose of contact tracing.
I attest that:
I agree to temperature check upon entrance to Zura if offered.
I understand that masks are strongly suggested to be worn upon entrance and in common areas outside of the studio practice room(s) by all employees, members, students, karma staff, and others.
I understand that in the yoga practice room(s), on the honor system, masks must be worn by unvaccinated students at all times.
I agree, represent and warrant that I shall not visit or utilize the services and programs if I experience symptoms of COVID-19 or I have a suspected or diagnosed/confirmed case of COVID-19.
I agree to notify Zura staff if I am diagnosed with COVID-19 within 48 hours of my attendance, vaccinated or not, and not return until 10 days after my symptoms first appeared and I have been symptom-free for 24 hours.
I agree if I exhibit symptoms of COVID-19 while in attendance, I will be asked to leave the studio until after my symptoms have resolved.
I understand that Zura Blooms LLC cannot guarantee that one of our members, students, teachers, staff, volunteers will not become ill with COVID-19. I assume the risk and liability associated with Covid-19 infection.