Oscillation Yoga Terms & Conditions
Oscillation Yoga operates studios to provide yoga, and other forms of activities to promote exercise, good health and wellness. Please visit our website for current listing of all classes, descriptions and times which may change from time to time
Complimentary services (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.
CONTRACT DURATION The contract period is calculated from the contract purchase date for a minimum of 1 to 12 months in membership and duration term in class card .
MEMBERSHIPS AND PAYMENTS
Your membership access applies only to regularly scheduled in-studio classes. Schedules for in-studio classes are available online at www.oscillationyoga.com. Special events, workshops, and teacher training sessions require additional payment for access. Your dues are based on a period of time and are in no way related to or adjusted based on actual usage of a Oscillation Yoga studio. You have provided Oscillation Yoga your credit card or bank account information for the purpose of paying for Membership fees, dues and taxes as applicable by law. Payment for additional goods and services, which may include taxes and bank gateway as applicable by law (including verbal authorization for any of the following), which may include fees if applicable for towel/mat rentals, locker rentals, food, beverages, workshops, special events, retail apparel, Oscillation Yoga subscription and other similar items, shall be paid by cash or credit in additional transaction(s).
You agrees to pay Oscillation Yoga monthly debits of the agreed membership fee term, via automatic credit card or automatic direct debits, for the contracted period. The client agrees
• To purchase a 1 month -12 months 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 you are the holder of the credit card, or an authorized signer on the credit card or debit account nominated for payment.
TRANSACTION CHARGES The direct debit will be administered through our provider Pay Pal or other third party payment gateway the following extra transaction fees are in addition to each payment of the contractual amount
Pre-Sale Founding Memberships:
Except as otherwise set forth in this Agreement, this Agreement will remain in force unless you cancel it as per below. You will receive a monthly statement. Your dues, unless prepaid, must be paid through an Electronic Funds Transfer Authorization (“EFT”) program on the date designated in the Agreement and will continue on or around the same day until cancellation.
Monthly: YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT IS A MONTH-TO-MONTH AGREEMENT (“MONTHLY MEMBERSHIP”). Except as otherwise set forth in this Agreement, this Agreement will remain in force unless you cancel it as per below. You will not receive a monthly statement. Your dues, unless prepaid, must be paid through an Electronic Funds Transfer Authorization (“EFT”) program on the date designated in the Agreement and will continue on or around the same day until cancellation.
Prepaid: You understand and agree that the term of this Agreement is for a specific number of months (“prepaid membership”), Except as otherwise set forth in this Agreement, this Agreement will terminate at the end of the term unless you elect to renew your membership at the Renewal rate prior to the expiration date Renewal rate is the price of the prepaid membership plus an increase of 10% or the then current rate (whichever is less).
Failure to Pay on Time: You agree to pay a MYR20 fee for any returned check or debit problems, such as insufficient funds, closed accounts, frozen or declined credit or similar circumstances. Any unpaid balance for membership fees, goods or services past 30 days may result in automatic suspension of membership privileges. Buyer is obligated to pay any collection and/or legal costs incurred by Oscillation Yoga for collection. Oscillation Yoga reserves the right to charge balances and overdue balances to the current account under the EFT.
Right to Modify Dues and Fees: YogaWorks reserves the right to modify your dues at any time upon 30 days written notice. If you have a prepaid membership, Oscillation Yoga may not modify the amount of your prepaid dues before the expiration of the current term.
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. Member have to complete their current month fees to be ungraded at the next month.
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
TRANSFERS OF MEMBERSHIP; Memberships can be transferred 1 time only by the admin and Oscillation Yoga approval with MYR100 payment for transfer
The freeze policy allows a member in good standing to temporarily suspend his or her membership upon request to Oscillation Yoga in email at least 18 days before the next billing cycle to begin the freeze under the following terms: 1) once every 12 months; 2) for a minimum of 1 month and a maximum of 3 consecutive months; 3) no pro rata months; and 4) for a fee of MYR50 per month 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. 4) If you are medically unable to attend to your yoga sessions, you can request a medical freeze for up to six (6) months and (nine (9) months for pregnancy applicable for freeze or transfer to prenatal yoga in Oscillation Yoga). You must provide a doctor's letter at the time you request a medical freeze.
5) 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.
All freeze requests must be made in advance. No retroactive freezes are permitted.
Members who have temporarily suspended their membership under this policy shall not have access to use any of the Oscillation Yoga’ facilities. Once freeze ends, member rate shall continue at the same rate immediately prior to the freeze, although date for monthly dues will change to new date based on the number of days the membership was suspended.
To cancel, please send a signed and dated letter addressed to Studio Manager to the location where you purchased a membership or a Oscillation Yoga studio where you practice. Addresses of all studios are located at www.oscillationyoga.com.
Monthly Membership: You may cancel a monthly membership at any time base on reason below (relocation, disability, death, etc) by sending a signed and dated written notice of your desire to cancel at least 20 days prior to your next scheduled debit date. If you submit written notice in less than 10 days prior to your next scheduled debit date, you may have one more month’s dues payable before the cancellation takes effect.
Prepaid Membership: A prepaid membership “Class Card “ will expire automatically at the end of the term unless you renew your membership at the preferred rate before the expiration date. You may cancel based on below following a prepaid membership at any time upon 20-days written notice to YogaWorks by submitting written notice to the Studio Manager of your desire to cancel. Oscillation Yoga will refund the unused portion of any pre-paid dues on a pro-rata basis, based on the number of days remaining in the paid membership Agreement. Any free months will be automatically forfeited upon cancellation.
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 MYR200.
Refunds: Requests for a refund of dues will not be honored for any time period in which your account shows a lack of utilization outside of a pre-approved Freeze. Nor will Oscillation Yoga grant a refund for any time period in which your account shows utilization at any OY facility. Member agrees that any free months given as an incentive to enter into this Agreement or as a result of a promotion shall not be considered in computing the amount of any refund.
Termination for Cause: Oscillation Yoga may terminate your membership if: (1) you fail to make timely payments; (2) the monthly EFT payment or dues are interrupted or discontinued for any reason and you do not provide an acceptable alternative; (3) you fail to follow any of YogaWorks’ membership policies or rules or violate any part of this Agreement; or (4) your conduct is improper or harmful to the best interests of YogaWorks or its customers. Termination is effective on the date YogaWorks mails a notice to your last known address or hand delivers a notice to you. You are liable for all financial obligations incurred.
Termination without Cause: Oscillation Yoga may terminate your membership without cause or for any reason not stated above. Termination is effective on the date YogaWorks mails a notice to your last known address or hand delivers a notice to you. You are liable for all financial obligations incurred. Future unused and paid dues will be refunded pro-rata.
Effect of Termination: Upon cancellation or termination of membership, your right to use the Oscillation Yoga facilities ends. If you owe money, Oscillation Yoga will deduct it from any refund. If there is not enough money in the refund to cover all amounts you owe, you must pay the balance.
Rejoin: If you cancel your membership and you want to rejoin, you must buy a new membership at the then prevailing rates.
LOSS OR THEFT OF MEMBERSí PROPERTY
Oscillation Yoga is not responsible for lost or stolen articles. Members are encouraged to keep valuables with you at all times when using the facilities. Lockers and storage spaces (including area for mat storage) are offered without any representation that they will be effective in protecting valuables.
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.
In addition to the rules listed herein, Oscillation Yoga may, from time to time, post at the Oscillation Yoga’ premises, or issue orally, additional rules that the members must obey for general safety reasons and mutually respectful use of the facilities.
PRESENTATION OF MEMBERSHIP CARD/ID
At the time of issuance, you may be required to have your picture taken and kept on file for security reasons. To use a studio, you must present your membership card or receipt for check-in at the front desk. You may not allow any other person access to Oscillation Yoga through the use of your package (except when you are allowed to bring guests). Doing so may result in suspension or cancellation, with any outstanding balance on the term committed immediately due and payable
Members may be allowed to bring guests under certain conditions however, all guests must sign in at the front desk with photo identification and sign a liability waiver prior to using the facilities.
Proper athletic attire is required. No street clothes or shoes permitted in the yoga practice area. Management has the right to prevent the participation in a class if proper attire is not worn.
HEALTH WARRANTY, ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY
Health Warranty: Buyer represents that the member covered under this Agreement is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which would cause increased risk of injury or adverse health consequences as a result of engaging in active or passive exercise.
ASSUMPTION OF RISK AND RELEASE
The use of the facilities, yoga session or trainings at Oscillation Yoga naturally involves the risk of injury to you or your guest, whether you or someone else cause it. As such, you understand and voluntarily accept this risk. You agree that Oscillation Yoga , teachers or partners involved will not be liable for any injury, including, without limitation, personal, bodily or mental injury, economic loss or any damage to you, your spouse or partner, guest, unborn child, or relatives resulting from the negligence of Oscillation Yoga, anyone on the Oscillation Yoga’ behalf or anyone using the Oscillation Yoga’s facilities.
PERSONAL TRAINING, CLASS CARDS, ONE TIME ONE MONTH MEMBERSHIP, COOPERATE & GYM ; All sales of personal training, class cards and 1 month session, cooperate & yoga sessions 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.
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.
DISCOUNTS. Oscillation may offer discounts on Sessions to Members who purchase a group of yoga sessions , loyal student who been with us for a long duration of time or based on the website. 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 than in effect for individual Sessions.
No Release for Willful Misconduct: Oscillation Yoga will not be released from liability for any acts of willful misconduct.
RELEASE AND WAIVER OF LIABILITY; ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
I understand that Oscillation Yoga , Oscillation Group, is here to serve me by sharing knowledge of yoga, wellness and health and any related activities to promote exercise and good health (“Yoga Activities”). In connection with my participation in the Yoga Activities, I understand, acknowledge and agree as follows:
Participation in the Yoga Activities is completely voluntary and it is solely my decision to participate in such activities.
The practice of yoga and Pilates involves physical movement and exercise which may from time to time be strenuous, and that such practice carries some risk of injury. I am qualified, in good health and in proper physical condition to participate in the Yoga Activities. I understand that I must judge my own capabilities with respect to practicing yoga at Oscillation Yoga and will only participate in the appropriate level of classes that are within my limits and capabilities. I acknowledge that it is my sole responsibility to confirm that there is no medical or other reason preventing me from participating in the Yoga Activities. If I am pregnant, I shall only participate in the Yoga Activities after I have discussed the potential risks with my obstetrician. I shall follow my obstetrician’s advice and instructions about whether and to what extent I can participate in the Yoga Activities. I agree that I (and my spouse/partner, heirs, and guardians) will hold Oscillation Yoga harmless for any possible injury to myself, my spouse/partner, heirs, guardians and/or my child/fetus.
If I believe any conditions are unsafe, I will immediately discontinue participation in the Yoga Activities with doctor letter and report.
It is my responsibility to inform the teacher immediately if an injury occurs in connection with the Yoga Activities.
From time to time during Yoga Activities, instructors may physically adjust a student’s form. If I do not want such physical adjustments, I will inform the instructor at the beginning of each session that I attend. I also acknowledge that if I do wish to receive such physical adjustments, it is my responsibility to inform the teacher when I believe an adjustment has gone as far as I desire at that time.
That participation in Yoga Activities involves risks of serious bodily injury and possibly death, which may be caused by my own actions or inactions or those of others participating in the Yoga Activities. I am voluntarily participating in the Yoga Activities with full knowledge of the dangers involved and hereby agree to accept full responsibility for any/all injury or death, including without limitation, personal, bodily or mental injury, economic loss or any damage that I suffer resulting from the acts of anyone at, or acting on behalf of, Oscillation Yoga.
As consideration for my being permitted to participate in the Yoga Activities, I (and my spouse/partner, heirs, guardians, and legal representatives) release YogaWorks, its parent companies, subsidiaries, affiliates and assigns and each of their predecessor and successor organizations and each of their current and former principals, instructors, partners, officers, directors, employees, insurers, agents and representatives and the owners/lessors of the premises wherein the Yoga Activities take place (“Releasees”) from any and all liability and claims for damages arising out of, relating to and/or by reason of my voluntary decision to participate in the Yoga Activities including the use of any equipment or the facilities. I further agree that, I (and my spouse/partner, heirs, guardians and legal representatives) will not make a claim against, sue, or attach the property of Oscillation Yoga or Releasees for injury or damage resulting from the negligence, misconduct or other acts or omissions, howsoever caused, by any employee, agent, or contractor of Oscillation Yoga as a result of my participation in the Yoga Activities. If I, or anyone acting on my behalf, make a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any loss, liability, damage or costs which may incur as a result of such claim.
In connection with my participation in the Yoga Activities, I agree to abide by any reasonable rules and policies of Oscillation Yoga.
Oscillation Yoga reserves the right to deny an individual’s participation in the Yoga Activities based upon legitimate reasons such as an individual’s failure to follow any specified
Assignment-This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Oscillation Yoga without restriction.
I take full responsibility for the 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 Yoga of the studio location the member is utilizing, its affiliates, agents , partners and employees against any and all liability arising out of use of the facilities and services.
WAIVER OF CLAIMS OF DEFECTIVE EQUIPMENT
You understand and acknowledge that Oscillation Yoga does not manufacture any of the fitness or other equipment at its facilities, but purchases or leases equipment from third parties. As such, you understand and acknowledge that Oscillation Yoga is providing solely recreational services and may not be held liable for defective products.
WAIVER OF CLAIMS FOR THIRD PARTY SUPPLIERS
Oscillation Yoga makes arrangements with accommodation providers, activity providers, and other independent parties (“Third Party Suppliers”) to provide you with your program. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of services that form part of the program. Although Oscillation Yoga takes all reasonable care in selecting Third Party Suppliers, Oscillation Yoga is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. Student acknowledges that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and YogaWorks does not warrant that any Third Party Supplier is in compliance with the laws of the Client’s country of residence, or any other jurisdiction.
Oscillation Yoga IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN OSCILLATION YOGA AND ITS EMPLOYEES.
LIABILITY WAIVER, PHOTO RELEASE, AND ETHICS AGREEMENT
Waiver of Liability and Photography Release I am participating in yoga/fitness classes, programs, workshops, and events offered by Oscillation Yoga during which I will receive information and suggestions about yoga, health, and fitness I recognize that the activities l participate in at Oscillation Yoga require physical exertion which may be and may cause aggravated physical injury, and I am fully aware of and willingly assume the risk and hazards involved. I understand that is my sole responsibility to consult with a physician prior to my participation in a of the classes, programs, workshops, and events at Oscillation Yoga .
I represent and warrant that I am physically fit and have no medical condition which would prevent my full participation in these activities. In consideration of being permitted to participate in any of the classes, programs workshops, and events at Oscillation Yoga, I agree to assume full responsibility for any risk, injuries, or damages, known or unknown, which l might incur as a result of participation in the activity. I agree to inform my instructors of any physical limitations, discomfort and or injuries before or during class and I take full responsibility for my own actions and my own limitations. In further consideration of being permitted to participate in any of the classes, programs, workshops, and events at Oscillation Yoga. I knowingly, voluntarily and expressly waive, renounce and disclaim any claim I have or may have against Oscillation Yoga , its instructors, contractors, directors, partners, owners, and employees for loss, theft or damage of any personal property from the Oscillation Yoga premises, for injuries or damages that may sustain within the Oscillation Yoga facility, and/or for injuries or damages that I may sustain as a result of participating in the classes, programs, workshops, and events at Oscillation Yoga. I release, waive, discharge, and covenant not to sue Oscillation Yoga for any lost, injury or death caused by their negligence or other acts that are not intended to harm me.
I grant to Oscillation Yoga, its representatives and employees the right to take photographs and videos of me and my property in connection with the above-identified purposes Oscillation Yoga, its authorize assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that Oscillation Yoga may use such photographs and videos of me with or without my name and for any lawful purpose, including but not limited to such purposes as publicity, illustration, advertising, and Web content. Any payment for signing this release and waive the right to receive hereby any payment for Oscillation Yoga use of any of the material described above for any of the purposes authorized by this release . If in anyway i don't wish to appear in public, i may inform the in written to Oscillation Yoga.
I understand that the materials provided to me within this program are the intellectual property of Oscillation Yoga. I will not use, transfer, or reproduce any materials without the express written consent of Oscillation Yoga. I understand that the formats and techniques instructed at the Oscillation Yoga are the express property of Oscillation Yoga. I will not use, reproduce, or cause to be reproduced any classes, programs, workshops, brands, or other intellectual property for commercial use without the express written consent of Oscillation Yoga.
I will not solicit business from Oscillation Yoga clients during my enrollment in the Oscillation Yoga or for a period of 12 months after my exit or completion of the program. I will not participate in the direct or indirect solicitation or acquisition of Oscillation Yoga clients nor the direct competitive business of Oscillation Yoga for my own benefit or for the benefit of another business, both current and future without the express written consent of Oscillation Yoga to avoid conflict of interest. I will not advertise, communicate, or offer any workshops, teaching venues, or programs to Oscillation Yoga clients without the express written consent of Oscillation Yoga respect the business of Oscillation Yoga and the yoga community of Oscillation Yoga. I hereby understand that video recording towards the training and event are not allowed without the consent of Oscillation Yoga , except for the appointed video person from Oscillation Yoga.
At Oscillation Yoga, we do our best to make sure you have a great experience every time. Whenever someone purchases a Oscillation Yoga class pack, we feel indebted to that individual by way of excellent service. We do acknowledge that from time to time, our expectations don’t align. Should this happen, we hope you will give us the opportunity to try to address any challenge you may be facing at YM with prove. To do that, please e-mail us at firstname.lastname@example.org Attention: Oscillation Group. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek.
Any controversy or claim arising out of or relating to this Agreement, brochures, or any other literature concerning the program, or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be subject to the following conditions: 1) the dispute will be governed by Malaysia law; 2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in California under the supervision of a mutually agreed upon mediator; 3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in Malaysia using one arbitrator pursuant to the then existing rules ; 4) the maximum amount of recovery to which a participant will be entitled under any and all circumstances will be the published tuition cost of the program with Oscillation Yoga. This Agreement to arbitrate does not waive or modify any liability release agreed by the Student. Arbitration against Oscillation Yoga must be commenced within one year following the date of vacation completion. Neither the Company nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to punitive damages.
This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Buyer and YogaWorks. YogaWorks has made no express or implied warranties or representations other than those expressly set forth in this Agreement to induce Buyer to enter into this Agreement.
Manual, handwritten, or oral changes to this Agreement are not valid. Only a written document entitled “Amendment to Membership Agreement” signed by both an authorized representative of Oscillation Yoga and student may change this Agreement. Employees are not authorized to make any independent agreements with any Member.
If Oscillation Yoga does not enforce any right in the Agreement for any reason, Oscillation Yoga does not waive its right to enforce it later. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original Agreement.
If any provision of this Agreement is held unenforceable, it is the parties’ intention that said unenforceability not affect other provisions of this Agreement.
RULES, REGULATIONS, AND SCHEDULES; I agrees to abide by all the membership rules, regulations and schedules of Oscillation, which may be posted at the studio , and which may be amended from time to time, at Oscillation's sole discretion.