Terms of Service

Effective as of September 9, 2014

Sat Nam! Welcome to the Kundalini Yoga Miami Website! These are the Kundalini Yoga Miami (“KYM”) Center/Studio Terms of Service (“Terms of Service”). These Terms of Service are Additional Terms as set forth in the kymiami.com Terms of Conditions for Use, and form a legal agreement between you (together with any business, entity or organization you may be representing, “Member,” “Client”, “Student” or “you”) and Kundalini Yoga Miami, LLC. (“KYM”), the owner of the KYM Center/Studio website (collectively, the “parties”). They govern your access to and use of the KYM services, including all resources, tools, products and services (collectively, the “Services” or “KYM Center and Studio”).

1. Acceptance and Acknowledgments

The Services that are being offered to you are conditioned upon your acceptance of: the Terms of Service, the kymiami.com Terms and Conditions of Use (“Terms of Use”) as well as any other guidelines, rules or operating policies that KYM may establish and post from time to time, whether online or in the studio, all of which are which are hereby incorporated by reference. By clicking the ‘I accept these terms and conditions’ button when purchasing the membership for the KYM, signing up for classes, or by visiting any of KYM’s websites, you accept these Terms of Services. If you do not agree to these Terms of Services, you may not subscribe to, use, access or take part in any of KYM’s Services.

In order to purchase a membership, sign up for classes, or use any of the Services provided by KYM, you will be required to complete a registration form. You agree to provide true, accurate, complete and up-to-date information about yourself as requested in the KYM registration form. You acknowledge that you are solely responsible for maintaining the security of your KYM account (your Account”), including your passwords and files.

You acknowledge that, from time to time, it may be necessary for KYM to update or revise certain provisions of these Terms of Service, or any of its policies online or in the Center or Studio. KYM reserves the right to change the terms, conditions, and notices under which it offers the Services at any time and without notice, and reserves the right to (temporarily or permanently) discontinue, revise, modify or update any or all other aspects of the Services in its sole and absolute discretion. KYM will not be liable to you or any third party for any such modification, suspension or discontinuation of the Services and any such modifications will be deemed effective immediately upon posting of the modified terms. It is your responsibility for regularly reviewing any terms, conditions, and notices, and any new terms posted by KYM.

If you do not agree to these Terms of Service, or any changes made to these Terms of Service by KYM, your exclusive remedy is to cancel your KYM Account. Except as otherwise expressly provided herein, any new features, tools, products, services, offerings, enhance or upgrade, downgrade, or change the current Services in anyway, will be subject to these Terms of Service.

2. Description of Services

The KYM Center and Studio is a place where several different services will be offered promoting a more healthy, happy, and conscious lifestyle. Some of these services include, but not limited to: Daily Morning Sadhana, Yoga, and Meditation Classes; Conscious Living Educational Programming; Private Yoga & Meditation Instruction; Corporate Consulting, Presentations, & Programs; Teacher Trainings; Holistic Health Therapies; Nutrition Counseling & Health Coaching; Vibrant Spiritual Community and Special Events; Online Store; Garden Sanctuary; and Destinations Retreats. Before joining the Service and participating in any of the exercise or wellness programs described in the Service, we strongly recommend that you consult with a physician or other healthcare provider. Any community sections of the site, including, but not limited to Message Boards, Chat Rooms, Profile Pages and Blogs are open to everyone who is a member of KYM. Before posting any content in the community sections of the site, please review the Prohibited Conduct section of our Terms and Conditions of Use which you must follow for all content posted in any KYM related sites.

3. Classes, Services, Member- General Policies
  1. All class purchases are non-refundable and non-transferable. Passes and memberships may not be shared.
  2. Every effort is made to hold class on time. The schedule is subject to change without prior notice. Please check online schedule for up-to-date schedule.
  3. KYM is not responsible for the safekeeping of your personal belongings.
  4. KYM reserves the right to refuse entry.
  5. All purchases of services and products are final.
  6. In attending classes at KYM, you agree that neither you, your heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against KYM or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
  7. Fees are subject to change without prior notification.
  8. It is the responsibility of the student to notify teachers of any previous injury, illness, or conditions that may impact their practice.
  9. KYM may run promotional introductory offers from time to time (directly or indirectly through an Agent). These offers are exclusively for New Clients/Members who are not already registered with KYM and are not for repeat use.
4. Class Cancelations & Booking Etiquette
  1. Class cancellations must be made 2 hours before the beginning of reserved class. This will give us sufficient time to notify our waiting list. If you do not attend or cancel within 2 hours of start time, you will be fully charged for the class.
  2. Cancellations must be made through our online reservation system or mobile app. Cancellations will not be accepted via e-mail or phone.
  3. Workshops can be fully refunded if canceled 24 hours before the start time. After this time, you will be fully charged for the workshop. Please cancel if you are unable to attend to make your space available to others.
  4. Members and unlimited pass holders will have their booking privileges suspended if they do not attend or fail to cancel twice in a two week period. Members will not be able to book a class on the same day.
  5. If you book online you must sign in at reception at least 10 minutes before the class start time. Failure to do this may be treated as a ‘no show’ and your space may be given to someone else.
5. Membership Plans- Policies
  1. The first month’s membership dues are required up front with a valid credit or debit card only and will not be refunded under any circumstances. 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 each month from the date of purchase.
  2. Members may freeze their membership for one (1) month out of every year. In such case the one month will not count toward the Membership period but a Member will not be able to attend classes during that month without payment. This option will only be given when requested with 15 days prior notice by e-mail directed to info@kymiami.com.
  3. Based upon the Membership option selected, Members may be required to sign up for a minimum period (the “Minimum Period”). After the Minimum Period expires, the membership will continue to automatically renew on a month to month basis until the Member informs KYM of the desire to cancel the membership. Member understands that this Agreement does not include any workshops, teacher training, retreats, products, coaching, or wellness services.
  4. If Member terminates this Agreement for any reason before the end of the Minimum Period with respect to either of the Annual Memberships, the Member will pay a penalty fee equal to month’s of the Membership fee. This fee will be drawn from credit/debit card used at the time of sign up. 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.
  5. In order to terminate this Agreement after the Minimum Period a Member must notify KYM at least 30 days prior to the next automatic charge against its credit card in writing or via email to KYM at info@kymiami.com (please put “Yoga Membership” as subject heading of email). KYM does not accept phone, verbal, or voice mail cancellations. In turn, KYM will send a confirmation via email after the changes have been made to your membership. Member may cancel its membership at any time after the expiration of the Minimum Period without penalty.
  6. Once a Member has submitted an e-mail request for any changes to a membership, it is the Member’s responsibility to ensure that KYM has responded back on the same e-mail account to confirm processing the request. KYM 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.
  7. In the event of miscommunication, Member is responsible to produce a copy of their request and response from KYM for review. Only then, if KYM did not perform what it agreed to do, KYM will reimburse any funds rightfully owed to Member. In the event that Member cannot produce a copy of e-mail correspondence with KYM, then KYM is not obligated to, nor will refund under any circumstances, dues charged against Member’s credit card.
  8. Member agrees to purchase the membership for the amount of 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 KYM to charge its credit card for the amount of the Membership Fee in accordance with this Agreement.
  9. 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 KYM for any amounts of the Membership Fee which were unpaid due to the failure of its credit card to authorize for any reason.
  10. KYM and Member agree that any dispute or controversy relating to this Agreement shall be settled by arbitration held 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. KYM 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.
  11. Member understands that its membership will be deactivated if its account becomes more than 30 calendar days late.
  12. KYM reserves the right to change or modify the Fees or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. KYM will strive to provide you with reasonable notice prior to making any fee changes or modifications. KYM reserves the right to withdraw, suspend, or refuse to renew the membership or any class pass of a Member, Client whose conduct is, or may deemed to be in KYM’s reasonable opinion, damaging to the character of KYM or amounts to a breach of the Terms and Conditions, Terms and Services, or any other policy of KYM.
  13. All fees will be payable in U.S. dollars.
  14. All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay except for taxes based on KYM’ net income. You are responsible for obtaining and providing to KYM any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.
  15. You are responsible and liable for any fees, including attorney and collection fees, that KYM may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to KYM. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement (send notice to kundaliniyogamimi@gmail.com). If you do not so notify us, you waive any right to dispute such problems or discrepancies.
6. Health and Medical Concerns.

Before taking part in any Service offered by KYM, and participating in the exercise or wellness program described in the Service, we strongly recommend that you consult with a physician or other healthcare provider. KYM is not a licensed medical care provider and has no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. KYM is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death.

The KYM staff are not medically trained and are therefore not qualified to assess whether the Client or any guest is in good physical condition and/or that the Client can engage in any exercise without detriment to the Client’s health, safety, comfort or physical condition. You should never disregard medical advice or delay seeking it because of a statement you have read on any of KYM’s Websites, Blogs, spoken about at the KYM Center, or stated by any of KYM’s representatives. KYM is not engaged in rendering personal medical advice or treatment, and all Services are for educational purposes only. The information provided should not be used in lieu of advice given by qualified medical professionals such as your doctor. It is important that this information is only used in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, or have any other medical condition, it is imperative that you seek the advice of your doctor prior to participating in any Service, program, class, event, retreat, workshop, or anything else offered by KYM. You must always consult your doctor before beginning an exercise program. If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.

7. Limitation of Liability
  1. KYM cannot be held responsible for any service or equipment not being available for whatever reason. KYM reserves the right to make alterations to the types of facilities provided, without notice and in its absolute discretion and KYM shall not be liable for any loss occasioned by such alterations except in so far as loss is by law incapable of exclusion.
  2. It is the Client’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any program that they follow or class that they attend. Clients accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any program or class.
  3. KYM accepts no liability for loss or damage to property or injury or illness of Clients or their guests to them on the Studio premises or outside the Studio except in so far as such loss, damage, or injury is by law incapable of exclusion.
8. Termination

You may cancel your Account and terminate these Terms of Service at any time, with or without cause, by notifying us by email at info@kymiami.com. Please allow us sufficient time to process termination requests.