Down Under School of Yoga
Terms & Conditions

 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 online at www.downunderyoga.com. Online classes require additional payment for access. Student rates for 10 class pack and Yogi Pass require proof of Student I.D. Not valid on former purchases.

Special events, workshops, teacher training sessions, and registration series require additional payment for access. Your dues are based on a period of time and are in no way related to or adjusted based on actual usage of a Down Under School of Yoga studio. You have provided Down Under School of 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).

YogiPass Membership
You understand and agree that this Agreement is a month-to-month Agreement ("monthly membership") for a minimum of 3 months and no maximum. Except as otherwise set forth in this Agreement, this Agreement will remain in force unless you cancel it as per below. You will not receive a monthly statement. Your dues, unless prepaid, must be paid through a credit or debit card stored on MindBody online secure software on the date designated in the Agreement and will continue on or around the same day until cancellation.

YogiPass 365 Membership
You understand and agree that the term of this Agreement is for 12 (twelve) months ("prepaid membership"). The Yogi Pass 365 is Down Under’s way of thanking our most loyal practitioners and is heavily discounted. In the event of cancelation due to medical reasons with doctors note, a credit to your Down account would be applied. Refunds will not be given to the method of purchase. Except as otherwise set forth in this Agreement, this Agreement will terminate at the end of the term unless you elect to renew your membership at the then current rate.

Membership Benefits
Both YogiPass and YogiPass365 members receive 20% off Life Alive nourishment, 20% off workshops, discounted massage services, 20% Initial Consultation with an Ayurvedic Health Counselor, one free guest per month for use in a regular drop-in class, unlimited access to drop-in classes at all Down Under School of Yoga locations.

Right to Modify Dues and Fees
Down Under School of Yoga reserves the right to modify your dues at any time upon 30 days written notice. If you have a prepaid membership, Down Under School of Yoga may not modify the amount of your prepaid dues before the expiration of the current term.

FREEZE POLICY
Yogi-Pass Membership only - Does not apply to Yogi Pass 365 or Founding Memberships
The freeze policy allows a member in good standing to temporarily suspend their membership upon request to Down Under School of Yoga at least 7 days before the next billing cycle to begin the freeze under the following terms: 1) once every 12 months; 2) for a minimum of 1 month and a maximum of 3 consecutive months; 3) no pro rata months. You may only freeze your membership for 1, 2, or 3 consecutive months and it must be for the full month. Once freeze ends, member rate shall continue at the same rate immediately prior to the freeze, and your payments will automatically commence on the same pay date as previously scheduled. It is the member’s responsibility to keep track of membership freeze end date, as billing automatically resumes. The cancellation policy (below) is still in effect.

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 email info@downunderyoga.com

Wellness Appointments
Payment for wellness appointments will be processed upon booking using the agreed upon payment method. Cancellation must be made at least 24 hours prior to the appointment to receive an account credit. Account credit does not expire and can be used towards any future purchase with Down Under and/or the Boston Ayurveda School. Refunds will not be made to the card on file or method of purchase. Cancellations within 24 hours of the appointment will result in no refund to either the account or card on file and cannot be rescheduled. To cancel, login online at downunderyoga.com, call (617) 566-9642 or email wellness@downunderyoga.com at least 24 hours prior to the scheduled appointment. Appointments cancelled via voicemail and email will only be guaranteed to be cancelled once you have received email confirmation of your cancellation. All 4-pack massage purchases must be used within 6 months of purchase as recorded on your sales receipt. No exceptions. The 24-hour cancellation policy applies and there are no refunds.

Late Wellness Appointment Arrival Policy
Please arrive 5 minutes before your scheduled appointment. We regret that late arrivals will not receive an extension of scheduled time. Your appointment will be automatically canceled 30 minutes after the appointment scheduled time and you will be charged according to the cancellation policy.

YogiPass Membership
Membership cancellation requests should be sent in writing to info@downunderyoga.com Monday through Friday, at least 30 days prior to your next scheduled debit date. Membership cancellation requests received on weekends will be processed the following week. Please include your name, phone number, good times to reach you and reason for wanting to suspend or cancel. Our Membership Manager, Erran Gilchrist will follow up to process your request within a few days. Refunds will not be made to the card on file or method of purchase, a credit to your Down Under account will be applied.

Payment for wellness appointments will be processed upon booking using the agreed upon payment method. Cancellation must be made at least 24 hours prior to the appointment to receive an account credit. Account credit does not expire and can be used towards any future purchase with Down Under and/or the Boston Ayurveda School. Refunds will not be made to the card on file or method of purchase. Cancellations within 24 hours of the appointment will result in no refund to either the account or card on file.

YogiPass 365 Membership
A prepaid membership will expire automatically at the end of the term (twelve months) unless you renew your membership at the current rate before the expiration date. The Yogi Pass 365 is Down Under’s way of thanking our most loyal practitioners and is heavily discounted. In the event of cancelation due to medical reasons with doctors note, a credit to your Down Under account would be applied. Refunds will not be made to the card on file or method of purchase. Any free months will be automatically forfeited upon cancellation. Refund amount will be equal to unused prorated amount minus the equivalent of one months (30 days) fee for cancellation.

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 Down Under School of 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.

ADDITIONAL RIGHTS TO CANCELLATION

You or your estate may also cancel a membership contract for any of the following reasons:

1. if upon a doctor's order, you cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of three months;
2. in case of your death;
3. If the services to be provided under this contract are not available because the seller fails to open a planned studio or location, permanently discontinues operation of a studio or location, or substantially changes the operation of a studio or location.
4. If you move either your residence or your place of employment more than twenty-five miles from any studio operated by the seller or a substantially similar studio which will accept the seller's obligation under the contract.

Refunds
Requests for a refund of membership dues will not be honored for any time period in which your account shows a lack of utilization outside of a pre-approved Freeze. Nor will Down Under School of Yoga grant a refund for any time period in which your account shows utilization at any Down Under School of Yoga facility. Member agrees that any free months given as an incentive to enter into this Agreement or as a result of a promotion shall not be considered in computing the amount of any refund. Passes with multiple sessions such as a 10-Pass or 5-Pass are not subject to refunds or partial refunds. No refunds will be made to the form of payment. All approved refunds will be to your Down Under account. 

Termination for Cause
Down Under School of Yoga may terminate your membership if: (1) you fail to make timely payments; (2) the monthly payment or dues are interrupted or discontinued for any reason and you do not provide an acceptable alternative; (3) you fail to follow any of Down Under School of Yoga’s membership policies or rules or violate any part of this Agreement; or (4) your conduct is improper or harmful to the best interests of Down Under School of Yoga or its customers.

Effect of Termination
Upon cancellation or termination of membership, your right to use the Down Under School of Yoga facilities ends. If you owe money, Down Under School of Yoga will deduct it from any refund. If there is not enough money in the refund to cover all amounts you owe, you must pay the balance.

Rejoin
If you cancel your membership and you want to rejoin, you must buy a new membership at the then prevailing rates. For YogiPass membership, a new 3-month commitment is initiated when you rejoin and all other terms apply.

Complimentary months received at purchase have no monetary value.

LATE CLASS ATTENDANCE POLICY

Please arrive at least 5 minutes prior to the start of class so you can check in at the front desk, and no earlier than 30 minutes before class starts. We allow late arrivals up to 15 minutes AFTER the start of class. Students who arrive after the 15 minute grace period will be asked to join another class to prevent potential injury (Ahimsa: non-violence) and reduce disruption to others (Asteya: non-stealing). We are more than happy to change your reservation to another in studio or livestream class. Thank you for your understanding.

LATE WELLNESS APPOINTMENT ARRIVAL POLICY

Please arrive at least 5 minutes before your scheduled appointment. We regret that late arrivals will not receive an extension of scheduled time. Your appointment will be automatically canceled 30 minutes after the appointment scheduled time and you will be charged according to the cancellation policy.

WAITLIST POLICY

There are a certain number of classes we offer that may have a waitlist. At the start of class, if you are signed up and not in attendance by the time class starts, your spot will be given to the next person on the Waitlist. To reduce the number of disruptions in a large class, we forego our Late Attendance Policy and allow members on the Waitlist to take available spots in class. We cannot guarantee you a spot in class if there is a Waitlist in effect.

LOSS OR THEFT OF MEMBERS’ PROPERTY

Down Under School of Yoga is not responsible for lost or stolen articles. Lockers and storage spaces are offered without any representation that they will be effective in protecting valuables.

GENERAL RULES

In addition to the rules listed herein, Down Under School of Yoga may, from time to time, post at the Down Under School of Yoga’s premises, or issue orally, additional rules that the members must obey for general safety reasons and mutually respectful use of the facilities.

GUESTS

YogiPass and YogiPass 365 membership holders may bring one guest per month. Yogi Pass members must be present with their guest at the time of class to redeem free guest pass. All guests must sign in at the front desk and sign a liability waiver prior to using the facilities. All guest passes must be received in person at the front desk.

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. Down Under School of 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.

SERVICE DOG POLICY

Given deep breathing is part of yoga and meditation practice and many people who attend our intimate classroom facility are working with either pulmonary issues or respiratory complications, our studio works hard to always make reasonable accommodations for persons with disabilities. If you need a service dog in order to practice yoga, please contact the studio so our Yoga Director can work with you directly to arrange accommodations. 

DRESS CODE

Proper athletic attire is required. The studio spaces have a no shoe policy. Shoes are required in any Life Alive cafe area. Management has the right to prevent the participation in a class if proper attire is not worn.

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.

Assumption of Risk and Release: The use of the facilities at Down Under School of Yoga naturally involves the risk of injury to you or your guest, whether you or someone else cause it. As such, you understand and voluntarily accept this risk. You agree that Down Under School of Yoga will not be liable for any injury, including, without limitation, personal, bodily or mental injury, economic loss or any damage to you, your spouse or partner, guest, unborn child, or relatives resulting from the negligence of Down Under School of Yoga, anyone on the Down Under School of Yoga’s behalf or anyone using Down Under School of Yoga’s facilities.

No Release for Willful Misconduct: Down Under School of Yoga will not be released from liability for any acts of willful misconduct.

RELEASE AND WAIVER OF LIABILITY; ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

I understand that Down Under Yoga, INC 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 and Pilates 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 Down Under School of 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 Down Under School of 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.

• 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.

• 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, Down Under School of Yoga.

• As consideration for my being permitted to participate in the Yoga Activities, I (and my spouse/partner, heirs, guardians, and legal representatives) release Down Under 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 Down Under School of 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 Down Under School of 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 Down Under School of Yoga.

• Assignment-This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Down Under School of Yoga without restriction.

WAIVER OF CLAIMS OF DEFECTIVE EQUIPMENT

You understand and acknowledge that Down Under School of 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 Down Under School of 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 Down Under School of Yoga. This Agreement to arbitrate does not waive or modify any liability release agreed by the Student. Arbitration against Down Under School of 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 Down Under School of Yoga. Down Under School of 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 Down Under School of Yoga and student may change this Agreement. Employees are not authorized to make any independent agreements with any Member.

If Down Under School of Yoga does not enforce any right in the Agreement for any reason, Down Under School of 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 Down Under School of Yoga website.

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 Down Under School of 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 Down Under Yoga, INC. Down Under Yoga, INC. 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 Down Under School of 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 Down Under School of 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 Down Under Yoga, INC., or any person or entity involved with Down Under Yoga, INC., including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

TERMS & CONDITIONS FOR MEMBERSHIPS WITH SIGNED WAIVERS