Nicole Ulrick / ThirdEye Yoga Liability Waiver Agreement

(1) CLIENT PAYMENTS AND TERMS

(1.1) Rules, Regulations and Schedules. Client agrees to abide by the rules, regulations and schedules of Nicole Ulrick / ThirdEye Yoga, which may be posted at the facility, presented at the session location or issued orally, and which may be amended from time to time at Nicole Ulrick’s / ThirdEye Yoga’s sole discretion. Before each session, client must pay the appropriate initial charges. At the sole discretion of Nicole Ulrick / ThirdEye Yoga, a Client may be denied access to any classes, sessions, offerings or facilities at any time if in the judgment of Nicole Ulrick / ThirdEye Yoga (a) Client consistently fails to observe the Rules and Regulations (b) has otherwise behaved in a manner contrary to the best interests of Nicole Ulrick / ThirdEye Yoga or any of Nicole Ulrick’s / ThirdEye Yoga’s Clients, (c) Client has instituted any type of legal action against Nicole Ulrick / ThirdEye Yoga, including but not limited to civil actions, arbitrations and/or mediations, and/or (d) Nicole Ulrick / ThirdEye Yoga has instituted any type of legal action including but not limited to civil actions, arbitrations and/or mediations against Client.

Client understands that classes may be strenuous and are willing to participate with full knowledge that there is risk of personal injury. Client will faithfully follow all instructions and will modify and/or rest as needed.

(1.2) Client’s Obligation. Client shall not be relieved of the obligation to make payments agreed to and no deduction from any payments shall be made because of Client’s failure to use Nicole Ulrick’s / ThirdEye Yoga’s facilities.

(1.3) Services and Fees. Your client fees include but are not limited to the specific session(s) or package(s) that are agreed upon between the Client and Nicole Ulrick / ThirdEye Yoga. Other optional services requiring additional fees include, but are not limited to, bodywork, massage, personal training, reiki sessions, meditation, consultation and pranayama sessions.

(1.4) Cancellation Policy. PLEASE NOTE: Should you forfeit or cancel your first session within less than 24 hours notice, your credit card will be billed for the full amount of your purchase. FOR FIRST TIME CLIENTS ONLY if you contact us no less than 24 hours in advance, your initial session can be rescheduled within the same week of the original appointment depending on availability. After your first session, there is a 48 HOUR CANCELLATION policy that is requested in that if you must cancel in less than 48 hours, payment is still honored and/or any gift voucher subject to forfeiture. NO EXCEPTIONS MADE. There is a 2 month expiration on any 5 session package. That’s 5 sessions in 2 months. You can do it.. your commitment starts now! (If you have a special circumstance and require an extension, please let us know and we will gladly try to accommodate). No transfers, No refunds, No going back. In order to give each person our full service, we only take a certain number of clients. This means that when we commit to working with you, we often say no to others. Session start time has a fifteen (15) minute grace period should the client arrive tardy, after which Nicole Ulrick / ThirdEye Yoga reserves the right to deem the session cancelled and hold the client fully responsible for the cancellation policy and fees. Please respect our policies as guidelines that allow ThirdEye Yoga to be of service to you in the best manner possible. By replying to the initial session confirmation email or by showing up to your first session, it is understood that the client has read and agrees to all terms, conditions and policeis at https://thirdeyeyogastudio.com/terms as well as https://thirdeyeyogastudio.com/liability. All phone and/or email communication regarding scheduling, cancellations and payment policies will be handled by Natalie at natalie@thirdeyeyogastudio.com or 718.865.8568.

(1.5) Payment Policy
In order to help us schedule and secure your sessions, we ask that your payment is received in advance (if you are a first time client, this policy goes into effect after your initial session with us). You may submit payment the week prior or online via paypal. You will receive an email confirmation for your payment and appointment. Please let us know if you have any questions about this policy so you feel confident that we are making the process as convenient as possible. The Client may submit or verbally authorize payment consent for any prepayment or outstanding balance of client fees by an automatic payment plan.

(1.6) Unpaid Balances. All delinquent balances owed by Client must be paid within 5 days of original due date. Payment can be submitted at the Client’s next session or by mailing payment to the following address:
ThirdEye Yoga
c/o Nicole Ulrick
433 7th Ave., #6
Brooklyn, N.Y. 11215
Any outstanding balance after 5 days from original due date are subject to a monthly service charge of $25 per month. These fees may be adjusted. Any unpaid balances for client fees past thirty (30) days may result in additional fees. Nicole Ulrick / ThirdEye Yoga reserves the right to charge past due balances, plus applicable charges, to the Client’s account.

 

(2) CLIENT RISK. Client and Client’s guests shall hold Nicole Ulrick / ThirdEye Yoga and all associated affiliates, agents, employees, staff, independent contractors, volunteers, other clients, property owners, property management and residents harmless from any loss, theft, cost, claim, injury, damage or liability (“Damages”) incurred as a result of the use of Nicole Ulrick’s / ThirdEye Yoga’s facility and any other client activities.
Client and Client’s guests shall hold Nicole Ulrick / ThirdEye Yoga and all associated affiliates, agents, employees, staff, independent contractors, volunteers, other clients, property owners, property management and residents harmless from any loss, theft, cost, claim, injury, damage or liability (“Damages”) incurred during sessions held at the client’s premises, business or residence, or during sessions held at any alternative location.

(2.1) Client’s Health Warranty. Client has confirmed that he/she 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 could cause increased risk of injury or adverse health consequences as a result of exercise. Client assumes full responsibility for his or her use of Nicole Ulrick’s / ThirdEye Yoga’s facility and shall indemnify Nicole Ulrick / ThirdEye Yoga and all associated affiliates, agents, employees, staff, independent contractors, volunteers, other clients, property owners, property management and residents against any and all Damages arising out of Client’s use of the facility except as otherwise set forth in these Terms and Conditions. Physical examinations by Client’s physician are recommended for clients before commencing any exercise program, and especially for Clients who are at risk, including but not limited to elderly or pregnant Clients, or Clients unaccustomed to physical exertion, or who have physical limitations, a history of high blood pressure, heart problems or other chronic illnesses, or clients who have a history of heart disease.

(2.2) Warning. Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damaged liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use, or exchange of anabolic steroids.

(2.3) Medical Disclaimer. Client has been informed and acknowledges that Nicole Ulrick / ThirdEye Yoga has made no claims as to medical results that can or may be obtained through use of any of Nicole Ulrick’s / ThirdEye Yoga’s facility or activity. Nicole Ulrick / ThirdEye Yoga has neither suggested nor will suggest any medical treatment to Clients. Only licensed medical professionals are qualified to give medical advice. Client is instructed not to act on the advice given by Nicole Ulrick or any ThirdEye Yoga affiliates, agents, employees, staff, independent contractors, volunteers, other clients, property owners, property management and residents unless such advice has been verified by Client’s licensed professional physician. Client represents that there is no medical or physical conditions that would preclude the use of Nicole Ulrick’s / ThirdEye Yoga’s facilities and each Client further represents that he or she has not been instructed by any physician not to use Nicole Ulrick’s / ThirdEye Yoga’s facility or any similar facility.

(2.4) Equipment, Facility and Personal Property Damage. Client will be held fully responsible for (and is strongly encouraged to inquire about) the proper use of any and all equipment made available by Nicole Ulrick / ThirdEye Yoga. If the Client’s use of the facility or any and all equipment made available by Nicole Ulrick / ThirdEye Yoga results in damage to the facility, equipment or personal belongings of Nicole Ulrick / ThirdEye Yoga affiliates, agents, employees, staff, independent contractors, volunteers, other clients, property owners, property management and/or residents, the Client will be held fully responsible for all expenses involved in the repair or replacement costs.

(2.5) Activity Risk. Any strenuous athletic or physical activity involves certain risks. Client and Client’s guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the facilities and release, hold Nicole Ulrick / ThirdEye Yoga harmless, discharge and absolve Nicole Ulrick / ThirdEye Yoga, its affiliates, agents, employees, staff, independent contractors, volunteers, other clients, property owners and/or residents from any and all Damages or responsibility.

(2.6) Loss of Property. Client and Client’s guests are urged not to bring valuables onto the premises of Nicole Ulrick’s / ThirdEye Yoga’s facility. Nicole Ulrick / ThirdEye Yoga shall not be liable for the disappearance, loss, theft, or damage to personal property, including money, negotiable securities, or jewelry of Client or Client’s guests.

(2.7) Session Archive. Your sessions may be recorded in order for your instructor to capture all useful information. Please let us know if you’d like to opt out.

 

(3) GENERAL PROVISIONS

(3.1) Client and Guest Rules. Client and Client’s guests shall abide by Nicole Ulrick’s / ThirdEye Yoga’s rules and regulations and any amendments and/or modifications thereto which may be made from time to time by Nicole Ulrick / ThirdEye Yoga at Nicole Ulrick’s / ThirdEye Yoga’s sole discretion.

(3.2) Pets and Bicycles. Pets (not including seeing-eye dogs) and bicycles are not permitted in or around Nicole Ulrick’s / ThirdEye Yoga’s facility.

(3.3) Dress Code. Proper athletic attire is required. Nicole Ulrick / ThirdEye Yoga reserves the right to make the final determination in its sole discretion with regard to appropriate attire.

(3.4) Independent Contractors. From time to time, Nicole Ulrick / ThirdEye Yoga may make the services of independent contractors available to Client and or Client’s guests. Nicole Ulrick / ThirdEye Yoga does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available to Client or Client’s guests for any period of time.

(3.5) Smoking. Smoking is prohibited at all times in all Nicole Ulrick / ThirdEye Yoga facilities.

(3.6) Change In Facilities and Operating Hours. As a result of repair, maintenance or special occasions, Nicole Ulrick / ThirdEye Yoga may be required to restrict the use or temporarily close Nicole Ulrick’s / ThirdEye Yoga’s facility or halt a scheduled activity from time to time. There will be no reduction, suspension, abatement, or apportionment of client fees or other charges during such time when the above-mentioned occurs. Nicole Ulrick’s / ThirdEye Yoga’s hours of operation may be modified from time to time without prior notice to Client. Nicole Ulrick / ThirdEye Yoga reserves the right to change the facility location, to eliminate, add or modify any services, programs, offerings, equipment or staff at Nicole Ulrick’s / ThirdEye Yoga’s sole discretion.

(3.7) Special Events. Nicole Ulrick / ThirdEye Yoga may from time to time reserve the use of its facilities for special events, competitions and private functions.

(3.8) Closing of Nicole Ulrick’s / ThirdEye Yoga’s Facility. It is anticipated that a part of a facility or the entire facility will be temporarily unavailable from time to time while repairs, renovations or special events take place. Nicole Ulrick / ThirdEye Yoga will make every effort to minimize any disruption to clients during these periods and, if possible, to schedule any work during off-hours. Nicole Ulrick / ThirdEye Yoga may be closed or unavailable for holidays or special occasions. Nicole Ulrick / ThirdEye Yoga may also offer clients the option of holding classes and events at alternative locations.

(3.9) Interruption of Service. In case of a long term interruption of service (e.g. fire), Nicole Ulrick / ThirdEye Yoga reserves the right to freeze client prepaid balances until normal business hours have resumed. In the event that an act of God (hurricane, earthquake, national emergency etc.), causes more than a temporary closing of Nicole Ulrick’s / ThirdEye Yoga’s facility, Client’s obligations under this Agreement and these Terms and Conditions will be suspended until such time as use of the facility can be resumed. Obligation for contractual dues will otherwise not be affected unless the Nicole Ulrick / ThirdEye Yoga facility cannot reopen within one year of the interruption of service.

(3.10) Non-Discrimination. Nicole Ulrick / ThirdEye Yoga represents that it will not discriminate against any person because of sex, race, creed, age, color, national origin, sexual orientation, or ancestry when considering clients. The minimum age for any/all of Nicole Ulrick’s / ThirdEye Yoga’s clients is eighteen (18), unless parental permission and Nicole Ulrick’s / ThirdEye Yoga’s consent is given and approved by Nicole Ulrick / ThirdEye Yoga at Nicole Ulrick’s / ThirdEye Yoga’s sole discretion.

(3.11) Children’s Use. All children under eighteen (18) years of age must be accompanied by such child’s parent at all times within Nicole Ulrick’s / ThirdEye Yoga’s facility. Nicole Ulrick / ThirdEye Yoga reserves the right to discontinue granting access to any child who is unsupervised, or whose behavior is offensive or disruptive.

(3.12) Group Exercise Class Policies. Each class is limited to a set number of participants. Nicole Ulrick / ThirdEye Yoga require advanced reservations for all group classes. Reservations may be released within sixty (60) minutes prior to the scheduled group class time, after which the client may be subject to the cancellation policy and fees as stated in section (1.4) within these terms and conditions. Clients should not enter a class late or leave a class early without the instructor’s consent. No one will be admitted ten (10) minutes after the scheduled class time, at which point the client may be subject to the cancellation policy as stated in section (1.4) within these terms and conditions. If Client is just starting a group fitness program or has an injury, prenatal or problem that may prevent full participation, please discuss this with the group fitness/yoga instructor at least five (5) minutes before class. Proper clothing (and footwear when necessary) must be worn in all classes. Nicole Ulrick / ThirdEye Yoga reserves the right to change the group fitness schedule at any time including the addition or the deletion of classes, as well as changes in instructors, class times, style and length of classes. Nicole Ulrick / ThirdEye Yoga reserves the right to change any and all policies when necessary. Client’s attending a class shall, in addition to the Terms and Conditions, follow any rules promulgated by such class’ instructors.

(3.13) Changing the Rules and Regulations. Nicole Ulrick / ThirdEye Yoga may at its sole discretion change these Terms and Conditions at any time.

 

(4) Entire Agreement. The Agreement, these Terms and Conditions, and all rules and regulations of Nicole Ulrick / ThirdEye Yoga, as revised from time to time, constitute the entire and exclusive agreement between Nicole Ulrick / ThirdEye Yoga and Client, and supersedes all prior promises, representations, understandings and/or agreements relating to these Terms and Conditions. These Terms and Conditions may be modified only by Nicole Ulrick who is solely authorized to modify the Agreement (and in other related documents). Nicole Ulrick / ThirdEye Yoga can void this Agreement if it is not completed by Nicole Ulrick in accordance with the current pricing and payment programs, or if there has been any misrepresentation by Client. No alterations or amendments to the Agreement and/or these Terms and Conditions shall be valid unless written consent is submitted by Nicole Ulrick.

If you have any questions regarding this Agreement and the Terms and Conditions please contact Nicole Ulrick / ThirdEye Yoga.

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Please review the Physical Activity and Medical Questionnaire below and communicate any relevant information to Nicole Ulrick / ThirdEye Yoga in an email or verbally at your first session

Physical Activity and Medical Questionnaire:
1. Has a doctor ever said you have a heart condition and recommended only medically supervised activity?
2. Do you have chest pain brought on by physical activity?
3. Do you tend to lose consciousness or fall over as a result of dizziness?
4. Has a doctor ever recommended medication for blood pressure or heart disease?
5. Do you have a bone or joint problem that could be aggravated by the proposed physical activity?
6. Are you aware through your own experience or a doctor’s advice of any other physical reason against your exercising without medical supervision?
7. Are you over the age of 65 and not accustomed to vigorous exercise?
If you answered YES to any of the questions above, please answer the following:
8. Have you consulted your physician regarding increasing your physical activity and/or performing a physical fitness assessment?
9. If you answered NO to question #8, will you consult your physician prior to increasing your physical activity and/or performing a fitness assessment?
Please let Nicole Ulrick / ThirdEye Yoga know if any of these conditions below are relevant, past or current.
Heart Condition
Diabetes
Asthma – uncontrolled
Short of breath
Arthritis – Bursitis Rheumatism
Hernia
Recent Surgery
Sacroiliac Problem
Angina
High Blood Pressure
Knee Problems
Back Problems – Cervical, Thoracic, Lumbar

If “YES” to any of the above, please inform Nicole Ulrick / ThirdEye Yoga before beginning your session.

The client understands that a physician’s note may be requested. If a note is requested, the client should NOT proceed with any sessions until the note is received by Nicole Ulrick / ThirdEye Yoga.

POLICIES AND TERMS
Please view our policies and terms at thirdeyeyoga terms

Please respect our policies as guidelines that allow ThirdEye Yoga to be of service to you in the best manner possible. By replying to the initial session confirmation email or by showing up to your first session, all parties fully understand, accept and agree to all of the included terms and conditions of this Agreement.