Terms & Conditions

Last Updated: February, 2021

Yoga Room Hawaii classes, instruction and other activities are available to individuals in different forms, including at Yoga Room Hawaii studios, through Yoga Room Hawaii online programs and channels, and at in-person and virtual events and activities organized by Yoga Room Hawaii. Not all participants in Yoga Room Hawaii activities need to be members of Yoga Room Hawaii; however, participants in specific Yoga Room Hawaii 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 Yoga Room Hawaii programs and activities agree to the Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement below.

Additionally, in connection with the reopening of Yoga Room Hawaii studios and the ongoing COVID-19 situation, participants using Yoga Room Hawaii studios agree to the COVID-19 Terms and Conditions described below.

In consideration of, and as an inducement and condition to, NEMP, LLC. and its designees, including, without limitation, its franchisees and affiliates (collectively, “YRH”), allowing you to participate in yoga classes, instruction, exercises, and other programs, events and activities conducted or organized by or through YRH, 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 YRH 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.

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.

I. Account; Rules and Directions

To participate in Activities, you must have the appropriate YRH account. YRH membership, including use of YRH studios, requires a membership account; if you do not have a membership account, create an account at www.yogaroomhawaii.com. Certain other Activities (such as Yoga Room Hawaii Live and Yoga on Demand) 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 YRH Activities you agree to observe all rules and directions of YRH and the locations (in-studio, in person, online or otherwise) at which Activities take place.

II. Class Reservations; Drop-ins

Any use of a YRH studio will require an advance reservation, which may be made at www.yogaroomhawaii.com or on the Mind Body Online app. Studio reservations are subject to the terms and conditions of a reservation (including cancellation, credit and refund policies) available at www.yogaroomhawaii.com.

At this time there is no drop-in use of the YRH studios. As drop-in use becomes available, we will provide information regarding such use.

III. 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 YRH studios have recently reopened following an extended period of closure ordered by government authorities in response to the ongoing COVID-19 (novel coronavirus) pandemic.

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 YRH if I am exhibiting symptoms of COVID-19 (which can include 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 a YRH or participation in any other in-person Activities conducted or organized by or through YRH involves the risk that I could contract COVID-19 notwithstanding the mitigation measures in place by YRH. 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.

IV. 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 understand I may be photographed, video taped, and/ or live streamed at Yoga Room Hawaii. By execution of this Agreement, Member agrees to allow Member’s photo, video or likeness to be used for any legitimate purpose by Yoga Room Hawaii, and their respective producers, sponsors, organizers, and/ or assigns, at their discretion. Member acknowledges that by signing this Agreement, Member gives up all claims of ownership, income, editorial content, and use of such media.

I, on behalf of myself and anyone who obtains any rights from or through me, hereby forever and irrevocably release and discharge YRH; 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 YRH 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 YRH 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.

If Participant is Under 18 Years of Age:

If you are under 18 years of age, you represent and warrant to YRH 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 Releasees 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 YRH 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 YRH account(s) and any Activities conducted under your name or associated with your account.

V. All Access Membership Program Terms and Condition

The All Access Membership Program (the “All Access Program”) is a program of YRH. The All Access Program was previously known as the Infinity Member or OM member. The All Access Program is designed to offer benefits to YRH members who commit to a monthly autopay membership. In connection with changing the name of the program, YRH is expanding the program to offer digital content benefits to All Access Program members as described below. The terms and conditions of the All Access Program (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 YRH membership using a valid debit or credit card. 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 All Access Program, the participant’s membership and membership account must remain in good standing with YRH at all times, including, without limitation, by not terminating or changing the participant’s YRH membership, or allowing the participant’s YRH membership to be terminated or lapse, and by maintaining payment by autopay for participant’s monthly membership fees. Once All Access Program eligibility ceases, a member may not take advantage of All Access Program benefits. Monthly payments are for a four week basis as based on a member’s monthly billing cycle. YRH does not provide refunds or credits for any partial month.

Auto-Renewal Agreement Terms and Member Consent

I understand that my All Access Program membership will continue to renew monthly until I properly freeze or cancel my membership (as described in “Freezes and Cancellations” below), and I authorize YRH or its third-party payment processor to charge my credit card on a monthly basis for the price of my All Access Program membership. 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.

Benefits of the All Access Program

As of the date of these All Access Program Rules, the standard benefits of the All Access Program are as follows:

1. Discounted Monthly Fee. The All Access Program membership fee for eligible members is a discounted monthly fee (discount and fee as provided in the member’s enrollment materials, and is based on the member’s home market). There is no activation fee and no minimum commitment. Prices are subject to applicable taxes, assessments and, as described below, YRH surcharges. Membership is non transferable.

Pricing Schedule: Monthly Membership Rate - $169; Student/Senior - $129

2. Freezes and Cancellations. To cancel or freeze your All Access Program membership, email info@yogaroomhawaii.com. If a member cancels the member’s membership (whether by affirmative cancellation as described above, nonpayment or otherwise), or if a member’s membership is terminated by YRH for any reason (including for nonpayment), the member will forfeit All Access Program enrollment and benefits, and may later reapply for YRH membership at then-current YRH membership rates, subject to any applicable terms, conditions, limitations and restrictions. Cancellations are based on a member’s monthly billing cycle and will take effect the day after the last day of the current member billing cycle month; YRH does not prorate months of membership, and does not provide refunds or credits for any partial months.

3. Unlimited Yoga; Surcharges. Unlimited participation in open yoga classes at any YRH studio, subject to class size availability. Note that at certain times, YRH may only allow 1 class a day or limit the amount of classes per week to member. YRH may have per visit surcharges associated with visiting member studio use which are in addition to a member’s normal monthly payment. Please ask YRH studio about the studio’s surcharge policies, if any.

4. Digital Programs. Unlimited participation in open Yoga Room Live (subject to class size availability) and Yoga on Demand classes.

5. Retail Discount. A five percent (10%) discount on any retail merchandise purchase at any YRH studio, subject to any restrictions imposed by applicable manufacturers. Discount does not apply to taxes or other assessments.

6. Special Offers. Special classes and offers that may be offered from time to time by YRH locations for All Access Program members.

VI. Class Package Terms and Conditions

VII. YRH Live Terms and Conditions

IX. Governing Law

X. Arbitration

XI. Limitation of Liability

YRH 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 YRH programs, benefits, Activities, these Student Terms, transactions, your YRH account(s) or your relationship with YRH, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if YRH or its authorized representatives have been advised of the possibility of such damages. In no event shall YRH have any liability for unauthorized access to, or alteration, theft or destruction of any of a participant’s YRH 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 YRH’s reasonable control.

XII. Force Majeure

XIII. 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 YRH marketing, promotion, communication or descriptive materials and these Student Terms, the language in these Student Terms