Island Power Yoga Membership Terms and Conditions
Eligible participants in the membership (i.e, Uplifted, Community Partner, Aligned) are individuals who enroll for a monthly autopay Island Power Yoga membership using a valid debit or credit card, and maintain on file a valid debit or credit card for charges described below. 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 in the membership, the participant’s membership and membership account must remain in good standing with Island Power Yoga at all times, including, without limitation, by not terminating or changing the participant’s Island Power Yoga membership, or allowing the participant’s Island Power Yoga membership to be terminated or lapse, and by continually maintaining payment by autopay for participant’s monthly membership fees. Once membership eligibility ceases, a member may not take advantage of membership benefits. Monthly payments are for an entire month as based on a member’s monthly billing cycle. Memberships are nonrefundable, and Island Power Yoga does not provide refunds or credits for any partial month.
Auto-Renewal Agreement Terms and Member Card Charge Authorization
I understand that my Island Power Yoga Membership membership will continue to renew monthly until I properly freeze or cancel my membership (as described in “Freezes and Cancellations” below). 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 frozen or cancelled.
I authorize Island Power Yoga Yoga, LLC, its franchisees, 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 Island Power Yoga membership, or Island Power Yoga products, services or facilities, including without limitation, all reservation and late cancel/no show fees. Changes to this authorization agreement by Island Power Yoga will be reflected in any changes to this Auto-Renewal Agreement Terms and Member Card Charge Authorization.
Benefits of the Uplifted Membership
As of the date of these Uplifted Membership Rules, the standard benefits of the Uplifted Membership are as follows:
1. Unlimited Yoga; Monthly Fee; Surcharges. Unlimited participation in public yoga classes at any Island Power Yoga studio, subject to class size availability. The Uplifted Membership membership fee is a monthly fee. Uplifted Membership membership fees for online membership purchases are set forth at https://www.islandpoweryoga.com/memberships. For non-online purchases, inquire in-person at Island Power Yoga studio or by email at info@islandpoweryoga.com. Members’ membership fees are subject to change after enrollment. Membership fees are subject to Hawaii GE taxes, assessments. Membership is nontransferable and nonrefundable.
2. Retail Discount. A ten percent (10%) discount on any retail merchandise purchase at any Island Power Yoga studio, subject to any restrictions imposed by applicable distributor or manufacturers. Discount does not apply to taxes or other assessments.
3. Special Offers. Special classes and offers that may be offered from time to time by Island Power Yoga locations for Uplifted Membership members.
Founding All Access Membership Program - Additional Terms and Benefits
Founding Uplifted Membership (“Founding Uplifted Membership”) is a special category of the Uplifted Membership available only to new members of Island Power Yoga’s new studio who respond to an offer from Island Power Yoga to enroll in the Uplifted Membership with a discounted monthly membership fee off the Island Power Yoga monthly fee of the Uplifted Membership. This membership is limited availability, and will be sold to the first 25 new Uplifted Membership members of Island Power Yoga. Members are subject to the general Uplifted Membership Rules, and additional terms and conditions below:
1. Benefits. Discounted Membership Fee. The Founding Uplifted Membership is a discounted monthly fee. Membership freezes and cancellations are not available. Prices are subject to Hawaii GE tax. Membership is nontransferable
2. Eligibility. Eligible participants in the Founding Uplifted Membership are individuals who (a) enroll for a monthly autopay Island Power Yoga membership using a valid debit or credit card, and (b) are residents of the island of Maui, in which the Island Power Yoga studio is located. As part of enrollment, all required membership documents, agreements and waivers must also be completed and submitted, including any Uplifted Membership or Founding Uplifted Membership forms. To continue to be eligible for the Founding Uplifted Membership membership, the participant’s membership and membership account must remain in good standing with Island Power Yoga at all times, including, without limitation, by not terminating, freezing or changing the participant’s Island Power Yoga membership, or allowing the participant’s Island Power Yoga membership to be terminated, cancelled or lapse, and by continually maintaining payment by autopay for participant’s monthly membership fees. Once eligibility ceases, a member will no longer have the Founding Uplifted Membership Program membership or other Uplifted Membership benefits. If Founding Uplifted Membership is terminated by Island Power Yoga due to non-payment, discounted rate will not be applied if member joins as an Uplifted Member in the future.
Restrictions
All membership benefits are non-transferable and may only be used by the applicable member, and only so long as the individual is in good standing with Island Power Yoga. Membership 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, including any other promotional offers available to membership participants.
Other Offers
Island Power Yoga may also offer membership through specific and/or restricted portals or methods (for example, specific Island Power Yoga social media sites), and offer different, additional and/or modified benefits, terms and conditions for participants accepting through such portals or methods. Island Power Yoga reserves the right to condition eligibility for such offers to participants utilizing such portal/method to accept or respond to such offer. For such additional eligibility requirements and, if applicable, different, additional and/or modified benefits, consult the terms of the specific offer. The foregoing actions may be taken even though such actions may affect benefits in the membership or your participation in the membership.
Cancelation of Membership
To cancel your Island Power Yoga membership, send an email requesting the cancellation to info@islandpoweryoga.com. 30 days notice is required to cancel all future membership payments. If a member cancels the membership (whether by affirmative cancellation as described above, nonpayment or otherwise), or if a member’s membership is terminated by Island Power for any reason (including for nonpayment or non-compliance with Maui County or Island Power Yoga’s Community Safety Guidelines), the member will forfeit member benefits, and may later reapply for Island Power Yoga membership at then-current Island Power Yoga membership rates, subject to any applicable terms, conditions, limitations and restrictions. With 30 days notification, a final membership payment may be assessed based on when the cancelation request is received int he member’s billing cycle of the current month. Island Power Yoga does not provide refunds or credits for any partial months. Uplifted, Community Partner, and Aligned Membership members can freeze a membership one time per year up to 30 days (Founding members and any other membership not stated here are excluded from this benefit).
Island Power Yoga reserves the right terminate membership with party purchasing classes, memberships and in attendance. Any misconduct that is deemed inappropriate in the form of, but not limited to, language, physical conduct, appropriate fitness attire, etc is grounds for termination.
COVID Related Cancelation + Restrictions
COVID is an ongoing public health situation that is unpredictable. Island Power Yoga will follow guidance from Maui County, the State of Hawaii, and the Centers for Disease Control regarding mask-usage, class capacity and any other guidelines. Island Power Yoga reserves the right to terminate membrership if member does not agree to comply with all safety guidelines as published and posted at the time.
If the member is a Founding Uplifted Member, the discounted rate will not be honored if the person re-applies for membership in the future.
If studio is not able to operate due to Public Health closures, Membership dues will be frozen at that time. Island Power Yoga does not issue partial month refunds or credits.
A client can freeze their membership up to 14 days due to a positive COVID test
Clients are responsible to take precaution and be conscious of others, if you have knowingly been exposed or are positive with COVID do not come into the studio. Please reach out to staff to assist in your 14 days pause.
** By purchasing your membership you are agreeing to all terms stated above.
Liability Waiver and Consent
Island Power Yoga classes, instruction and other activities are available to individuals in different forms, including at Island Power Yoga studios, through Island Power Yoga online programs and channels (such as Island Power Live and Yoga on Demand), and at in-person and virtual events and activities organized by Island Power Yoga. Not all participants in Island Power Yoga activities need to be members of Island Power Yoga; however, participants in specific Island Power 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 at the location of those specific programs and activities
All participants in Island Power Yoga programs and activities agree to the Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement below.
Additionally, in connection with the opening of Island Power Yoga studios and the ongoing COVID-19 situation, participants using Island Power Yoga studios agree to the COVID-19 Terms and Conditions described below.
In consideration of, and as an inducement and condition to, Island Power Yoga, LLC and its designees, including, without limitation, its franchisees and affiliates (collectively, “Island Power Yoga”), allowing you to participate in yoga classes, instruction, exercises, and other programs, events and activities conducted or organized by or through Island Power Yoga, 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 or Island Power Yoga 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: https://www.islandpoweryoga.com Consult the then-current Student Terms for terms and conditions of membership and participation. It is your responsibility to review the current Student Terms. See “Changes” below.
Table of Contents:
Rules and Directions
Class Reservations
COVID-19 Terms and Conditions
Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement
All Access Membership Program Terms and Conditions
Purchased Studio Classes Terms and Conditions
Additional Card Charge Authorization
Governing Law
Arbitration
Limitation of Liability
Force Majeure
Precedence; Waiver; Interpretation
Changes
Island Power Remedies
Questions
1. Account; Rules and Directions
To participate in Activities, you must have the appropriate Island Power Yoga account. Island Power Yoga membership, including use of Island Power studio(s), requires a membership account; if you do not have a membership account, create an account at https://www.islandpoweryoga.com or on the MINDBODY app. If you are not a member, certain other Activities currently require creation and use of an additional account specific for the particular Activities; follow the instructions at the applicable website or app for creating an account when registering for those Activities.
By participating in Island Power Yoga Activities you agree to observe all rules and directions of Island Power Yoga and the locations (in-studio, in person, online or otherwise) at which Activities take place.
2. Class Reservations; Walk-Ins
Any use of an Island Power studio will require reservation, which may be made at www.islandpowerygoga.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) available at https://www.islandpoweryoga.com
3. 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 Island Power 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 an Island Power Yoga studio or participation in any other in-person Activities conducted or organized by or through Island Power Yoga involves the risk that I could contract COVID-19 notwithstanding the mitigation measures in place by Island Power 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.
4. 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 Island Power 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 Island Power Yoga, LLC and its designees, and their respective affiliates, licensees, permittees, 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 Island Power Yoga 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 Island Power Yoga 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 Releases 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 group sessions) may be organized by you through your Island Power 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 Island Power Yoga account(s) and any Activities conducted under your name or associated with your account.
5. Island Power Yoga Membership Program Terms and Conditions
The Island Power Yoga Membership Program (such as, but not limited to the “Uplifted All Access and Aligned Access Program”) are programs of Island Power Yoga. The Membership programs are designed to offer benefits to Island Power Yoga members who commit to a monthly autopay membership. The terms and conditions of the Membership Programs (the “All Access Program Rules”) are as follows:
Eligible Participants; Enrollment; Continuing Eligibility
Eligible participants in the All Access Program are individuals who enroll for a monthly autopay Island Power Yoga membership using a valid debit or credit card, and maintain on file a valid debit or credit card for charges described below. As part of enrollment or continued membership, any other required membership documents, agreements and waivers must also be completed and submitted, including any All Access Program forms. To continue to be eligible in the Membership Program, the participant’s membership and membership account must remain in good standing with Island Power at all times, including, without limitation, by not terminating or changing the participant’s Island Power membership, or allowing the participant’s Island Power membership to be terminated or lapse, and by continually maintaining payment by autopay for participant’s monthly membership fees. Once Membership Program eligibility ceases, a member may not take advantage of Program benefits. Monthly payments are for an entire month as based on a member’s monthly billing cycle. Memberships are nonrefundable, and Island Power Yoga does not provide refunds or credits for any partial month.
6. Auto-Renewal Agreement Terms and Member Card Charge Authorization
I understand that my Island Power Yoga Membership Program will continue to renew monthly until I properly freeze or cancel my membership (as described in “Freezes and Cancellations” in member’s contract). 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 frozen or canceled.
I authorize Island Power 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 Program, and for any other fees and charges as and when incurred by me in using my Island Power membership, or Island Power Yoga products, services or facilities, including without limitation, all reservation and late cancel/no show fees. Changes to this authorization agreement by Island Power Yoga will be reflected in any changes to this Auto-Renewal Agreement Terms and Member Card Charge Authorization.
7. Purchased Studio Classes Terms and Conditions
If you are not an Island Power Yoga All Access Program or Studio Program member, you may purchase individual Island Power Yoga in-studio classes at https://www.islandpoweryoga.com, through the MINDBODY app, or in-person from Island Power Yoga studio. 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 available for purchase and storage in your account as a “class pack.” Island Power Yoga 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 Island Power Yoga account to make a studio class purchase. If you do not have a membership account, create an account at https://www.islandpoweryoga.com. Purchased classes will be reflected in your account, and may be redeemed and used only at Island Power Yoga participating studios for eligible Island Power Yoga classes. Purchased classes are personal to the purchaser, and are not assignable or transferable. 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 (for example, Silent Disco classes and other outdoor events). Purchased classes are nonrefundable unless otherwise required by applicable law, do not expire, nor does Island Power Yoga charge fees associated with purchased classes.
8. 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 Hawaii, without reference to a state’s conflict of law principles.
9. Arbitration
Please review this Arbitration provision carefully. It provides that any dispute may be resolved by binding arbitration. Arbitration replaces the right to go to court and the right to have a jury decide a dispute. Under this provision, your rights may be substantially limited in the event of a dispute. You may opt out of this Arbitration provision by following the instructions below.
By accepting these Terms, unless you opt out by following the instructions below, you agree that either you or Island Power Yoga, at Island Power Yoga’s sole discretion, can choose to have any dispute arising out of or relating to these Student Terms, including, without limitation, Island Power Yoga’s programs, benefits, Activities, these Student Terms, transactions, your Island Power Yoga account(s) or your relationship with Island Power Yoga, resolved by confidential, binding arbitration. If arbitration is chosen by any party, neither you nor Island Power Yoga will have the right to litigate that dispute in court or to have a jury trial on that dispute. Pre-arbitration discovery will be permitted only as allowed by the arbitration rules. In addition, you will not have the right to participate as a representative or member of any class of claimants pertaining to any dispute subject to arbitration. The arbitrator's decision will generally be final and binding. Other rights that you would have in court may also not be available in arbitration. It is important that you read the entire Arbitration provision carefully before accepting the terms of this Arbitration provision.
For purposes of this Arbitration provision, “dispute” shall be construed as broadly as possible, and shall include any claim, dispute or controversy (whether in contract, regulatory, tort or otherwise, whether pre-existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to Island Power programs, benefits, Activities, these Student Terms, transactions, your Island Power Yoga account(s) or your relationship with Island Power Yoga; the actions of yourself, Island Power Yoga, or third parties; or the validity of these Student Terms or this Arbitration provision. It includes disputes brought as counterclaims, cross claims, or third-party claims. A party that has brought a dispute in a court may elect to arbitrate any other dispute that may be raised in that litigation. Disputes brought as part of a class action or other representative basis are subject to arbitration on an individual (non-class, non-representative) basis. IF YOU DO NOT OPT OUT, THEN YOU WILL HAVE WAIVED YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THIS AGREEMENT. In this Arbitration provision, the words “we,” “us,” and “our” shall include Island Power Yoga and any assignees of any of Island Power Yoga’s rights, as well as Island Power Yoga’s and its assignees’ respective affiliates, parents, subsidiaries, franchisees, vendors, suppliers, and further assigns.
Any arbitration under this Arbitration provision shall be administered by the American Arbitration Association (“AAA”) under the rules applicable to the resolution of consumer disputes in effect when the dispute is filed. The arbitrator shall have no authority to hear any disputes on a class action or representative basis. Neither you nor Island Power Yoga may consolidate or join the disputes of other persons who may have similar disputes into a single arbitration. You may obtain rules and forms by calling the AAA at 1-800-778-7879 or visiting www.adr.org. Any arbitration hearing that you attend will take place in the federal judicial district where you reside. Island Power Yoga will not elect arbitration of any dispute that is filed as an individual matter by you in a small claims or similar court, so long as the dispute is pending on an individual basis in that court.
A single, neutral arbitrator will decide any disputes. The arbitrator must be either a retired or former judge or a lawyer with no less than 10 years’ experience, selected in accordance with the AAA's rules. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act (“FAA”) and applicable statutes of limitations, will honor claims of privilege under applicable law, and will have the power to award to a party any damages or other relief provided under applicable law. Any party may choose to have a hearing and may choose to be represented by counsel. The arbitrator will issue an award in writing and, upon request, will provide a written explanation for the award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
The party initiating an arbitration must pay the AAA’s initial filing fee, although you can ask the AAA to waive the filing fee and we will consider your request that we pay the filing fee on your behalf. Island Power Yoga will pay any subsequent administration fees imposed by the AAA, and Island Power Yoga will pay the arbitrator’s fee for up to one day of hearings. All other fees will be allocated as provided by the AAA's rules and applicable law. If you prevail in arbitration, Island Power Yoga will reimburse you any fees paid to the AAA. However, even if Island Power Yoga prevails, it will not seek reimbursement from you of any fees Island Power Yoga paid to the AAA unless the arbitrator determines that your dispute was brought in bad faith. Each party shall bear its own costs of attorneys, experts, and witness fees, regardless of which party prevails in the arbitration. However, if applicable substantive law gives you the right to seek reimbursement of attorneys’ fees or other fees or costs, then that right shall also apply in the arbitration.
You have the right to opt out of this Arbitration provision, but you may only do so within thirty (30) days of your first acceptance of these Student Terms which contains this Arbitration provision. In order to opt out, you must write us at Island Power Yoga/Arbitration, c/o Island Power Yoga, LLC, 320 Ohukai Rd St. #411 Kihei, HI 96753. You must inform us of your decision to opt out, and sign the notice. This Arbitration provision shall survive termination of your participation in the Activities. This Arbitration provision is made in connection with interstate commerce, and shall be governed by the Federal Arbitration Act, 9 USC Sections 1 through 16. If any part of this Arbitration provision is determined to be void or unenforceable, then this entire Arbitration provision shall be considered null and void; however, it shall not affect the validity of the rest of these Student Terms.
10. Limitation of Liability
Island Power 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 Island Power Yoga programs, benefits, Activities, these Student Terms, transactions, your Island Power Yoga account(s) or your relationship with Island Power Yoga, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if Island Power Yoga or its authorized representatives have been advised of the possibility of such damages. In no event shall Island Power Yoga have any liability for unauthorized access to, or alteration, theft or destruction of any of a participant’s Island Power Yoga 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 Island Power Yoga’s reasonable control.
11. Force Majeure
Island Power Yoga is not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill any Island Power Yoga programs, benefits or Activities, including, without limitation, any in-person or virtual Activities, in the event Island Power 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.
12. 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 Island Power Yoga marketing, promotion, communication or descriptive materials and these Student Terms, the language in these Student Terms will control. Island Power 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. Island Power Yoga reserves the right to interpret and apply these Student Terms, and all determinations by Island Power Yoga shall be final and conclusive in each case.
13. Changes
Island Power 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 Island Power 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 https://www.islandpoweryoga.com 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 Island Power 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.
14. Island Power Yoga Remedies
Island Power 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 Island Power Yoga account(s), or terminating your participation in any or all programs, benefits and Activities, and associated Island Power Yoga Account(s).
15. Questions; Contact Us
If you have any questions regarding Island Power Yoga membership, Activities, programs, benefits, or these Student Terms, contact us at info@islandpoweryoga.com.
16. Privacy Policy
Island Power Yoga does not sell your private information to third parties.