TERMS & CONDITIONS
(Updated as of June 12, 2020)
Hot Yoga Waikiki classes, instruction and other activities are available to individuals in different forms, including at the Hot Yoga Waikiki studio, through Hot Yoga Waikiki online programs and channels, and at in-person and virtual events and activities organized by Hot Yoga Waikiki. Not all participants in Hot Yoga Waikiki activities need to be members of Hot Yoga Waikiki; however, participants in specific Hot Yoga Waikiki 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 Hot Yoga Waikiki programs and activities agree to the Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement below.
Additionally, in connection with the reopening of Hot Yoga Waikiki studio and the ongoing COVID-19 situation, participants using the Hot Yoga Waikiki studio agrees to the COVID-19 Terms and Conditions described below.
In consideration of, and as an inducement and condition to, Dream It Plan It Do It Corporation, dba Hot Yoga Waikiki and its designees, including, without limitation, and affiliates (collectively, “Hot Yoga Waikiki”), allow you to participate in yoga classes, instruction, exercises, and other programs, events and activities conducted or organized by or through Hot Yoga Waikiki, whether in-studio, in person, online, livestream, 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 Hot Yoga Waikiki 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.hotyogawaikiki.com/terms-and-conditions
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
Advance Studio Reservations Required
COVID-19 Terms and Conditions
Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Unlimited Membership Terms and Conditions
Class Package Terms and Conditions
Hot Yoga Waikiki LiveStream Terms and Conditions
Limitation of Liability
Precedence; Waiver; Interpretation
Information We Collect and How We Use It
Hot Yoga Waikiki Remedies
I. Account; Rules and Directions
To participate in Activities, you must have the appropriate Hot Yoga Waikiki account. Hot Yoga Waikiki membership, including use the Hot Yoga Waikiki, requires a membership account; if you do not have a membership account, create an account at https://www.hotyogawaikiki.com/signup
By participating in Hot Yoga Waikiki Activities you agree to observe all rules and directions of Hot Yoga Waikiki.
II. Class Reservations; Drop-Ins
Any use of the Hot Yoga Waikiki studio will require an advance reservation, which may be made at https://www.hotyogawaikiki.com/schedule Studio reservations are subject to the terms and conditions of a reservation (including cancellation, credit and refund policies) available at https://www.hotyogawaikiki.com/studio-reservations
As of now, walk-in students must pay for and reserve their class at https://www.hotyogawaikiki.com/schedule before coming to the studio.
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 Hot Yoga Waikiki resumed classes 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 Hot Yoga Waikiki 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 Hot Yoga Waikiki’s studio or participation in any other in-person Activities conducted or organized by or through Hot Yoga Waikiki involves the risk that I could contract COVID-19 notwithstanding the mitigation measures in place by Hot Yoga Waikiki. 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, on behalf of myself and anyone who obtains any rights from or through me, hereby forever and irrevocably release and discharge Hot Yoga Waikiki; 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 Hot Yoga Waikiki, and its designees, and their respective affiliates, licensees, permitees, 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 Hot Yoga Waikiki 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 Hot Yoga Waikiki 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 Hot Yoga Waikiki 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 Hot Yoga Waikiki account(s) and any Activities conducted under your name or associated with your account.
V. Unlimited Memberships & Auto-Pay Memberships Terms and Conditions
The Unlimited Membership Program of Hot Yoga Waikiki are designed to offer benefits to Hot Yoga Waikiki members who commit to a monthly autopay membership. In connection with this program, Hot Yoga Waikiki is expanding the program to offer digital content benefits to Unlimited Membership Program members as described below. The terms and conditions of the Unlimited Membership Program are as follows:
Eligible Participants; Enrollment; Continuing Eligibility
Eligible participants in the Unlimited Membership Program are individuals who enroll for a monthly autopay with Hot Yoga Waikiki 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 Unlimited Membership Program forms. To continue to be eligible in the Unlimited Membership Program, the participant’s membership and membership account must remain in good standing with Hot Yoga Waikiki at all times, including, without limitation, by not terminating or changing the participant’s Hot Yoga Waikiki membership, or allowing the participant’s Hot Yoga Waikiki membership to be terminated or lapse, and by maintaining payment by autopay for participant’s monthly membership fees. Once Unlimited Membership Program eligibility ceases, a member may not take advantage of Unlimited Membership Program benefits. Monthly payments are for an entire month as based on a member’s monthly billing cycle. Hot Yoga Waikiki does not provide refunds or credits for any partial month.
Auto-Renewal Agreement Terms and Member Consent
I understand that my Unlimited Membership 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 Hot Yoga Waikiki or its third-party payment processor to charge my credit card on a monthly basis for the price of my Unlimited Membership 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 Unlimited Membership Program
As of the date of these Unlimited Membership Program Rules, the standard benefits of the Unlimited Membership Program are as follows:
1. Discounted Monthly Fee. The Unlimited Membership 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, Hot Yoga Waikiki surcharges. Membership is nontransferable.
2. Freezes and Cancellations. A member may for up to (but not more than) one (1) months in a calendar year the member’s Unlimited Membership Program membership. In such event, the member will not be obligated to pay the Hot Yoga Waikiki Unlimited Membership Program membership fee for such month, and during the freeze month, the member will not receive any Unlimited Membership Program or Hot Yoga Waikiki benefits (including, without limitation access to Yoga On Demand and Hot Yoga Waikiki LiveStream), but will maintain the member’s Unlimited Membership Program or other discounted Hot Yoga Waikiki membership member rate, as applicable. To freeze your Unlimited Membership Program membership, email your freeze request to firstname.lastname@example.org. To unfreeze your Unlimited Membership Program membership, email your recommencement request to email@example.com or simply restart the monthly autopay using a valid debit or credit card. Your unfrozen membership will be subject to the Auto-Renewal Agreement Terms and previously provided Member Consent described above in “Auto-Renewal Agreement Terms and Member Consent.” The member’s Unlimited Membership Program and Hot Yoga Waikiki benefits will reinstate once the freeze is over. To cancel your x Unlimited Membership Program membership, email firstname.lastname@example.org. If a member does not comply with the freeze, or 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 Hot Yoga Waikiki for any reason (including for nonpayment), the member will forfeit Unlimited Membership Program enrollment and benefits, and may later reapply for Hot Yoga Waikiki membership at then-current Hot Yoga Waikiki membership rates, subject to any applicable terms, conditions, limitations and restrictions. Freezes and 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; Hot Yoga Waikiki 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 activities at Hot Yoga Waikiki, subject to class size availability.
4. Digital Programs. Unlimited participation in open Hot Yoga Waikiki LiveStream (subject to class size availability) and Yoga on Demand classes.
5. Retail Discount. A five percent (5%) discount on any retail merchandise purchase at Hot Yoga Waikiki 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 Hot Yoga Waikiki for Unlimited Membership Program.
Unlimited Membership Program benefits are nontransferable and may only be used by the applicable member, and only so long as the individual is in good standing with Hot Yoga Waikiki. Unlimited Membership Program benefits have no cash value and are not redeemable for cash or any substitute. Unlimited Membership Program benefits cannot be combined with any other offer, coupon or promotion, including any other promotional offers available to Unlimited Membership Program participants through the Unlimited Membership Program. Unlimited Membership Program benefits cannot be applied to a prior purchase.
Hot Yoga Waikiki may also offer the Unlimited Membership Program membership through specific and/or restricted portals or methods (for example, specific Hot Yoga Waikiki social media sites), and offer different, additional and/or modified benefits, terms and conditions for participants accepting through such portals or methods. Hot Yoga Waikiki 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 Unlimited Membership
Program or your participation in the Unlimited Membership Program.
VI. CLASS PACKAGE TERMS AND CONDITIONS
Hot Yoga Waikiki class packages may be redeemed and used only at Hot Yoga Waikiki for eligible Hot Yoga Waikiki activities. Class packages become active upon the first visit date to a participating studio after purchase. Class packages are personal to the purchaser and are not assignable or transferrable. Class packages are subject to restrictions, which may vary from time to time, including, without limitation, restrictions on use based on the studio at which a class package is purchased and/or redeemed. Class packages do not expire, nor does Hot Yoga Waikiki charge fees associated with class packages.
VII. HOT YOGA WAIKIKI LIVESTREAM TERMS AND CONDITIONS
Hot Yoga Waikiki LiveStream is a program of Hot Yoga Waikiki. Hot Yoga Waikiki LiveStream offers Hot Yoga Waikiki members and nonmembers the opportunity to purchase and/or participate in livestream online Hot Yoga Waikiki classes. The terms and conditions of the Hot Yoga Waikiki LiveStream program (the “Hot Yoga Waikiki LiveStream Terms”) are as follows:
Create a Hot Yoga Waikiki Account
To register for Hot Yoga Waikiki LiveStream, and register for and purchase Hot Yoga Waikiki LiveStream classes, go to https://www.HotYogaWaikiki.com/SignUp to create a Hot Yoga Waikiki account. To create a Hot Yoga Waikiki account, provide all required information and consents, including a valid email address, and complete a participant liability release and any other forms required by Hot Yoga Waikiki. You must be at least 18 years old to create a Hot Yoga Waikiki account and participate in Hot Yoga Waikiki LiveStream.
Class Purchases and Registration
Purchases may be of a single scheduled Hot Yoga Waikiki LiveStream class (a “drop in” class purchase) or a 5-class package (which is a discounted purchase of five Hot Yoga Waikiki LiveStream classes). To register and pay for Hot Yoga Waikiki LiveStream classes and packages, follow the links and instructions at the Hot Yoga Waikiki Website. Required payments must be made at the Hot Yoga Waikiki Website using a Hot Yoga Waikiki account at the time of purchase with a valid debit or credit card; Hot Yoga Waikiki gift cards cannot be used to pay for Hot Yoga Waikiki LiveStream classes. Purchases are subject to applicable taxes and assessments. All purchases are nonrefundable unless otherwise required by applicable law. Hot Yoga Waikiki LiveStream class credits are not transferrable, have no cash value, and do not expire. Hot Yoga Waikiki Live classes are separate from any other programs, classes, memberships and other offerings of Hot Yoga Waikiki, including Yoga on Demand; provided, however, Unlimited Membership Program members in good standing will have unlimited access to Hot Yoga Waikiki LiveStream to register for individual Hot Yoga Waikiki LiveStream classes, subject to class size availability. Follow the instructions at the Hot Yoga Waikiki Website to register for free Hot Yoga Waikiki LiveStream classes if you qualify.
Approximately 20 minutes prior to the scheduled start of a Hot Yoga Waikiki LiveStream class for which a valid registration has been made, a participant will receive a text with a class access code and password. All Hot Yoga Waikiki LiveStream classes must be purchased and registered in advance, and are subject to class size availability. All registrations are with respect to specific scheduled Hot Yoga Waikiki LiveStream classes. Class registration, and class access codes and passwords, are nontransferable. Internet compatible media player with available Hot Yoga Waikiki LiveStream applications as specified by Hot Yoga Waikiki are required. Subject to normal Internet and application access and usage charges imposed by third parties.
A Hot Yoga Waikiki LiveStream class for which a valid registration has been made may be changed by a participant only if a participant cancels the class registration on the Hot Yoga Waikiki Website using the participant’s Hot Yoga Waikiki account prior to Hot Yoga Waikiki emailing the class access code and password to participant. If a purchased class is timely cancelled by a participant, the participant will receive a Hot Yoga Waikiki LiveStream class credit in the participant’s Hot Yoga Waikiki account (a drop in credit or a return of a credit to a five class package, as applicable) which may be used to register for another available Hot Yoga Waikiki LiveStream class. If notice of class cancellation is not timely sent, no Hot Yoga Waikiki LiveStream class credit will be given. Hot Yoga Waikiki LiveStream class credits have no cash value. Hot Yoga Waikiki LiveStream credits are not awarded to Hot Yoga Waikiki members with free access.
Classes are live and not recorded, and Hot Yoga Waikiki reserves the right to cancel and reschedule classes for personnel, technical or other issues.
Upon termination of Hot Yoga Waikiki LiveStream by Hot Yoga Waikiki, if a participant has an unexpired Hot Yoga Waikiki LiveStream class credit in the participant’s Hot Yoga Waikiki account as of the effective date of termination of the program, Hot Yoga Waikiki reserves the right (but does not have the obligation) to convert any or all such credits to Hot Yoga Waikiki in-studio yoga drop in class credits and/or class package class credits, at its discretion. Any such credits will not be transferrable and have no cash value.
Third Party Providers
Hot Yoga Waikiki does not warrant uninterrupted or error-free operation Hot Yoga Waikiki LiveStream classes or any related service. Hot Yoga Waikiki is not responsible for technical failures of any kind, including but not limited to, the malfunctioning of any computer online systems or applications, media or computer equipment, website, server provider, network, hardware or software; or the unavailability or inaccessibility of any website, application or service. Hot Yoga Waikiki MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OF ARISING FROM COURSE OF PERFORMANCE OR DEALING, USAGE OR TRADE.
Each Hot Yoga Waikiki LiveStream class and other information is owned by Hot Yoga Waikiki and subject to all copyright, trademark and other intellectual property laws, rules and regulations. Any reproduction, distribution, or public performance of all or part of any class or other information is expressly prohibited unless Hot Yoga Waikiki has explicitly granted its prior written consent. All rights to the Hot Yoga Waikiki LiveStream classes and other information are reserved by Hot Yoga Waikiki.
VIII. 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.
Please review this Arbitration provision carefully. It provides that any dispute may be resolved by binding arbitration.
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