MEMBERSHIP CONTRACT AGREEMENT
TERMS AND CONDITIONS
1.1 CONTRACT DURATION The contract period is calculated from the contract purchase date for a minimum of 6 or 12 months.
RECURRING & ANNUAL MEMBERSHIPS : Members are allowed to carry forward the sessions. Members have to complete their sessions before 6 months or 12 months of the membership contract terms.
1.2 AGREEMENT TO PAY RECURRING FEES The client agrees to pay Oscillation Yoga monthly debits of the agreed membership fee, via automatic credit card or automatic direct debits, for the contracted period. The client agrees
• To purchase a 1 year / 6 month direct debit of the agreed amount, as an automatic charge to their nominated credit card, or automatic debit to their nominated bank account each month.
• To certify that they are the holder of the credit card, or an authorized signer on the credit card or debit account nominated for payment.
• If for any reason their direct debit or credit card fails to process on the due date, that the member will pay the late fee of MYR 20
1.3 TRANSACTION CHARGES The direct debit will be administered through our provider Pay Pal ; the following extra transaction fees are in addition to each payment of the contractual amount.
1.4 SUSPENSIONS Clients can suspend their memberships without cost up to two times each year for periods of 7 days to a maximum of 3 months. Suspension requests must be submitted in writing with 18 days notice in advance of the intended suspension period.
1.5 AUTOMATIC RENEWAL Following the minimum period there is an automatic renewal unless cancelled by the client with 45 days written notice in advance of the next billing date. Membership will run on a month to month or annual basis thereafter. All terms and conditions agreed to in the initial membership continue with automatic renewal of membership.
1.6 CANCELLATION - YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE DATE OF THIS AGREEMENT ON PURCHASE DATE .Notice of cancellation shall be provided in writing by Buyer and mailed by registered or certified Malaysia mail to the Seller at: Oscillation Yoga. Such notice shall be accompanied by the contract forms, membership cards and any other documents of evidence of membership previously delivered to the Buyer. All monies paid pursuant to such contract shall be refunded within twenty (20) business days of receipt of such notice of cancellation. If the Buyer has executed any credit or loan agreement to pay for all or part of yoga studio services, any such negotiable instrument executed by the Member or Buyer shall also be returned within twenty (20) business days.
1.7 ADDITIONAL CANCELLATION RIGHTS; You may also cancel this Agreement by providing (45) days' written notice in person at the yoga studio or by certified or registered mail for any of the following reasons:
A) If upon a doctor's order, you cannot physically receive the services because of significant physical disability for a period in excess of six months;
B) If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing;
C) If, within the first twelve months of your membership, your employment is involuntarily terminated without cause (must provide a letter from former employer confirming termination of employment and reason for termination);
Provided that any Member canceling under this Section shall be required to pay an early termination processing fee of MYR100.
All monies, except initiation fee, paid pursuant to such contract cancelled for the reasons in this paragraph shall be refunded provided however, that the Seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided, that the Seller may demand the reasonable cost of goods and services which the Buyer consumed or wishes to retain after cancellation of the contract. In no instance shall Seller demand more than the full contract price from the Buyer. If the Buyer has executed any credit or loan agreement to pay for all or part of the health yoga studio services, such negotiable instrument executed by the Buyer shall also be returned within twenty (20) days. Member/Buyer shall be responsible for retaining (and presenting, if necessary) all records relating to any cancellation of this Agreement.
1.8 MEMBERS COMPLIMENTARY SESSIONS : Member agrees that if Member received any free months as an inducement to enter into this Agreement as a result of referring new members or for any other reason (sometimes referred to as 'promotional months'),such free/promotional months shall not be considered in computing the amount of any refund to which Member shall be entitled.
1.9 MEMBERSHIP FREEZE POLICY; Members may temporarily suspend their membership in accordance with the following terms:
A) You may freeze your membership once per contractual year for a minimum of one (1) month and a maximum of three (3) consecutive months in one-month increments. You will be charged Oscillation's then current monthly freeze fee. If you freeze your membership during the first 12 months of your membership, you will be charged regular monthly dues until you meet the one year or six months obligation, after which you will be charged Oscillation's then current monthly freeze fee for the period of the freeze.If you have been a member for 6 to 12 months or longer on the day the freeze is effective, you will be charged the then current freeze fee up front and billing will be held for the approved duration of your freeze. Freeze fees for the period of the freeze you elect are non-refundable, even if you later reduce the number of months of suspension of your membership.
B) Your freeze request must be done in person at the studio, online at http://www.oscillationyoga.com or by certified mail to Oscillation at least five (5) days before the intended freeze start date.
C) If you are medically unable to attend to your yoga sessions, you can request a medical freeze for up to six (6) months (nine (9) months for pregnancy freeze). You must provide a doctor's letter at the time you request a medical freeze.
D) You may not freeze your membership for any reason unless your account is in good standing. Members joining as part of a corporate program shall not be permitted to freeze their memberships.
E) All freeze requests must be made in advance. No retroactive freezes are permitted.
2.0 GUESTS; Member's guests are permitted in the studio, but only pursuant to such rules, regulations, fees, and schedules for such guest as may then be in effect. Oscillation Yoga reserves the right to limit the number of times any one guest can use the yoga studio and reserves the right, in its discretion, to prevent any guest from Oscillation Yoga Studio. All guests must sign in at the front desk and present photo identification prior to coming to studio.
2.1 UPGRADING MEMBERSHIPS: A Member may upgrade his or her membership with the prior consent of management; provided Member/Buyer will be responsible for paying an upgrade fee and for the ongoing payment of any additional monthly fees associated with such upgrade.
2.2 BUYER'S OBLIGATIONS; Buyer shall not be relieved of Buyer's obligations to make payments agreed to, and no deduction from any payments shall be made because of Member's failure to use or complete its sessions. Member dues are for the period of time and are no way related to actual session and usage of the studio
2.3 TRANSFERS OF MEMBERSHIP; Memberships can be transferred 1 time only by the admin and Oscillation Yoga approval
2.4 VALUABLES AND PERSONAL PROPERTY; Members are urged to avoid bringing valuables onto studio premises. Oscillation shall not be liable for the loss of,or theft of, or damage to, the personal property of Member or guests, including items left in lockers, with the coat check or elsewhere in the studio.
2.5 GROUP FITNESS RULES; Allow enough time to sign in before each class. Do not enter a class late or leave early unless you give the instructor or teacher prior notice. If you are just starting your yoga practice or have a pre-existing injury or problems that prevent full participation, please discuss the situation with the yoga teacher or instructor before class.
2.6 DRESS CODE; Proper athletic attire and footwear are required. No street clothes or dress shoes permitted in fitness area. Management has the right to prevent the use of any equipment if the proper attire is not worn.
2.7 NON-OSCILLATION TEACHERS; Use of non-OSCILLATION TEACHERS in the Studio is prohibited. Members may not personal train other members.
2.8 COMPLIMENTARY ITEMS: Complimentary items (including, but not limited to workshop sessions, personal training sessions, yoga sessions, complimentary gift cards or other promotional items) may be distributed at the discretion of Oscillation and have no cash value. Only members with an active account in good standing may redeem complimentary items in accordance with their terms and complimentary items become null and void upon termination or expiration of membership for any reason.
2.9 RULES, REGULATIONS, AND SCHEDULES; Member agrees to abide by all the membership rules, regulations and schedules of Oscillation, which may be posted at the studio or issued orally, and which may be amended from time to time, at Oscillation's sole discretion.
3.0 PRICING; After the first 6 - 12 months of membership, Oscillation reserves the right to increase the monthly or annual fee and will provide 30 days' notice to the Member regarding any such change in pricing; provided that pricing for Members who joined as part of a corporate program are subject to the pricing agreement between Seller and Member's employer or corporate sponsor.
3.1 CORPORATE MEMBERS; If Member is part of a corporate program between Oscillation and a third party, then if there is a conflict or inconsistency between this Agreement and the terms and conditions of the letter of agreement between Oscillation and such third party, the terms and conditions of the corporate program will govern and control.
3.2 WAIVER OF LIABILITY; Member assumes full responsibility for his or her use of the facility and releases Oscillation from any and all claims, including those caused in whole or in part, by the negligence of Oscillation and shall indemnify Oscillation, the owner of the studio location the Member is utilizing, its affiliates, agents and employees against any and all liability arising out of use of the facilities and services.
3.3 PERSONAL TRAINING, CLASS CARDS, ONE TIME ONE MONTH MEMBERSHIP, COOPERATE & GYM ; All sales of personal training, class cards and 1 month session, cooperate & gym without recurring payment are final and non-refundable. Personal training, class card and 1 month session without recurring fee has expiry date from the date of purchase, unless indicated otherwise on monthly basis.
A) 24 HOUR CANCELLATION POLICY. Members may cancel or change the time of the session at least 24 hours prior to the Session. Member will be charged for the full cost of the Session on any late cancellations or no-show appointments.
B) PAYMENTS. Payment for Sessions is required to be made by the Member on or before the date of the Session. If payment is not otherwise made by the Member, charges for late cancellations or no show appointments for Sessions will be charged to the Member's credit card or other account which is on file with Oscillation pursuant to the Authorization Section on page 1 of this Agreement. In addition, charges for Sessions which are used by a Member but not otherwise paid for will be charged to the Member's credit card or other account which is on file with Oscillation on the day on which the Session is used.
C) DISCOUNTS. Oscillation may offer discounts on Sessions to Members who purchase a group of Sessions. These discounts only apply to the number of Sessions so purchased as a group. Any further or additional Sessions will be charged at the regular rate then in effect for individual Sessions.
D) AUTOMATIC APPLICATION. No action is required to be taken by a Member in connection with these regulations.
3.4 REVOCATION OF MEMBERSHIP; Oscillation reserves the right to revoke and cancel this membership at any time for any reason, in which case Buyer/Member will, no later than twenty (20) days after such cancellation, receive a refund of all monies paid pursuant to this Agreement (except initiation fee), provided that Seller may retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that Seller may demand the reasonable cost of goods and services which the Buyer/Member has consumed or wishes to retain after cancellation.
3.5 UNPAID BALANCES; Members will not be permitted to use any studio until all fees and charges are current. Buyer and/or Member is obligated to pay any collection and/or legal costs incurred by Oscillation for collection of any fees and/or charges. Annual dues must be paid by 12:00midnight on the anniversary date or studio yoga sessions privileges will be suspended and a new Initiation Fee will be required. Oscillation reserves the right to charge balances and overdue balances to their current account under the Electronic Funds Transfer Authorization. Further, as provided in Membership Terms & Condition Contract , Oscillation reserves the right to charge the credit card or other account identified under the Authorizations Section on Membership Terms & Condition of this Agreement for the unpaid balance of any goods or services purchased and not paid for in another manner.If any check or credit card charge payable to Oscillation is not honored, Management will assess a MYR9.90 charge for each check and credit card rejected and collect the current and past-due balance in any subsequent month.To the extent that Buyer and Member are not the same person, Member shall be obligated to make all payments that Buyer fails or has failed to make (including past and future payments for use of the yoga session in the studio).