Élan Client Agreement
Client Terms
and Conditions
Please read these Client Terms and Conditions carefully, as they contain important information regarding your legal rights, remedies, and obligations. As a Client, by booking yoga sessions and/or other services (collectively, the Services) with Élan Elite, Inc. (Élan), you are deemed to have read and agreed to the following:
SERVICES & FEES
1. The Services offered by Élan include, but are not limited to, those set forth on the Élan website at www.elanelite.com, which is hosted in the United States. The Élan website allows users to receive information about Élan. You may book, cancel, and pay for Services through the Élan website via Mindbody. In addition, services may be booked in person at the Élan studio. If payment is made by check, a $50 fee will be assessed for any bounced check. Notwithstanding the forgoing, private yoga sessions, personal training sessions, and all other individualized Services must be booked/cancelled by contacting Jennifer O'oonnor at the Élan studio.
2. You may pay for single sessions (yoga or personal training) or may purchase a package of sessions in increments of 5, 10, 20 or 30. You may pay for other Élan Services including, without limitation, post-rehab sessions, massages, parties, workshops, camps, and special events, if, when and as offered on the Élan website. Please refer to Mindbody via the the Élan website for the expiration date of any packages or other Services.
3. You understand that the purchase of Services from Élan does not suggest or imply membership.
4. All purchases of Services from Élan are final, non-transferable, non-returnable and may not be shared, except with a direct family member.
5. Gift cards may be purchased and redeemed for Services. Gift cards can be sent electronically from the Élan website via Mindbody or from in-studio. All gift cards are electronic. Élan does not provide physical gift cards. Gift cards are non-transferable, non-returnable and not redeemable for cash.
6. Corporate discounts may be provided for Services at the discretion of Élan. Please enquire at the Élan studio.
7. The purchase of Services by minors (under 18 years) must be done by a parent or legal guardian. In such case you both agree to the Client Terms and Conditions. In the event that Élan learns any personal information has been submitted to the Élan website by a minor, it will delete the information as quickly and as reasonably possible. Élan does not seek or share personal information from minors.
8. The Élan schedule of Services is subject to change without prior notice. Please check the Élan website for the most up-to-date information.
9. Fees for Services are subject to change without prior notification. Please check the Élan website for the most up-to-date information. In addition to any fees, note that local charges (taxes) will be added when appropriate at your expense.
10. If for any reason in he opinion of Élan you may be at physical risk, you will be denied access to Élan Services until you furnish an opinion letter from your medical doctor, at our sole cost and expense, specifically addressing Élan's concerns, and stating that Élan's concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to participate in the Services. Élan reserves the right to refuse Services at
its discretion.
CANCELLATION POLICY
1. Cancellation of any Services must be made 24 hours in advance of the Services. This will allow Élan sufficient time to notify our waiting list. If you do not attend or cancel within 24 hours in advance of the Services, you will be fully charged. Notwithstanding the forgoing, Services including parties, workshops, camps, or other special events will only be refunded if canceled one week in advance, minus the amount of any required deposit. After this time, you will be fully charged.
2. Cancellations must be made through the Élan website online reservation system via Mindbody or by app. Cancellations will not be accepted via e-mail, phone or in person.
3. Please cancel timely if you are unable to participate in Services so that Élan may make your space available to others.
4. You are allowed two wait list reservations per day. Students who wait list for three or more sessions in a day will be removed from all wait lists.
5. If Élan cancels any Services the studio will endeavor to send you an email in advance. No refunds will be allowed, however, you may book the same Service on another day. Élan will not be responsible for failure to deliver any Service on account of events over which it has no reasonable control.
CLIENT CONDUCT
1. You must sign an Élan Client Agreement agreeing to these Client Terms and Conditions, which include an Assumption of Risk, Waiver, Release, Client Representations, Indemnification and Consent to Medical Care, prior to participating in any Services. If you intend to participate in any personal training sessions, if you are pregnant or have any known injury or health condition please note that you are also required to complete an Élan Health Form prior to participation in any Services.
2. You must sign in to participate in any Services.
3. You must comply with the applicable dress code (no shoes, proper attire).
4. You must bring appropriate gear to participate in the Services (mat and towel). Note that Élan is not responsible for the safekeeping of your personal belongings. Props may be provided by Élan if available upon your request and used at your own risk.
5. You must notify Élan, prior to every Service, of any previous injury, illness, or conditions that may impact the Service.
6. You must show consideration for other clients and instructors.
7. You must not use abusive or bad language.
8. You must not bring, use or be under the influence of illegal drugs.
9. You must not behave in a disruptive manner.
10. You may not enter into any contract or other arrangement directly with any instructor, as instructors are contractually obliged to decline all such offers and any breach of such obligations may lead to legal action and/or the termination of their status as an instructor.
ASSUMPTION OF RISK, WAIVER, RELEASE, CLIENT REPRESENTATIONS, INDEMNIFICATION & CONSENT TO MEDICAL CARE
1. By booking Services with Élan, you agree that there are certain inherent risks and dangers in the Services provided by Élan and in using any equipment in association with the Services. In consideration of being allowed to participate in and access the Services, in addition to the payment of any fee, you for yourself and for your heirs, next of kin, executors, administrators and assigns, hereby (1) agree to assume full risk and responsibility for any and all injuries or damages which are sustained or aggravated by you in relation to the Services, (2) waive, release and forever discharge Élan, its officers, agents, directors, members, employees, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property or wrongful death, whether caused by negligence or otherwise, resulting from your participation in the Services or use of the Élan website, and (3) represent you have no medical or physical condition which would prevent you from participating in Élan Services and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so. IN NO EVENT SHALL Élan, its officers, agents, directors, members, employees, representatives, and all others, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER IN CONNECTION WITH ANY Services RENDERED HEREUNDER or BY use of the Élan website.
2. You agree to indemnify (reimburse for any loss) and hold harmless Élan, its officers, agents, directors, members, employees, representatives, and all others, from any loss or liability (including any reasonable legal fees) defending any claim made by you or anyone making a claim on your behalf, IN CONNECTION WITH ANY Services RENDERED HEREUNDER or BY use of the Élan website, even if the claim is alleged to or did result from the carelessness or negligence of Élan or anyone else.
3. You acknowledge there is no obligation for Élan to provide you with medical care. If medical care is rendered, you consent to that care if you are unable to give your consent for any reason at the time the care is rendered. You also acknowledge that Services are not a substitute for medical attention, examination, diagnosis or treatment.
GENERAL
1. Élan is committed to protecting your privacy. It collects personally identifiable information, such as names, postal addresses, email addresses, credit card information and the like when it is voluntarily submitted by you. It is important for you to protect against unauthorized access to your password and to your computer. If you use the Élan website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. Your personally identifiable information is kept secure. Only authorized employees, agents, and contractors who have agreed to keep information secure and confidential have access to this information. All emails and newsletters from the Élan website allow you to opt out of future marketing mailings. Élan uses industry-standard efforts to safeguard the confidentiality of your personal information. Élan reserves the right to refuse, terminate accounts, remove or edit content, or cancel Services in its sole discretion. When you visit the Élan website or send emails to us, you are communicating to us electronically, and therefore consent to receive communications from us electronically. Élan will communicate with you by email or by posting notices on the Élan website. You agree that all agreements, notices, disclosures, and other communications that Élan provides to you electronically satisfy any legal requirement that such communications be in writing.
2. Élan and the respective logo and other graphics, logos, designs, page headers, button icons, and scripts are service marks, trademarks, trade dress and/or other intellectual property of Élan and may not be used by you. You have the right to view, electronically copy, and print in hard copy portions of the Élan website for the sole purpose of booking Services or other personal use. Any other use of the materials on the Élan website without the prior written permission of Élan is strictly prohibited.
3. These Client Terms & Conditions, the Client Agreement, and all other documents agreed to or provided by you are governed by the laws of the State of New York.
4. Élan may revise the Client Terms & Conditions, and therefore the Client Agreement. By using the Élan website, you agree to be bound by any such revisions and should therefore periodically visit the Élan website to determine the then current Client Terms and Conditions to which you are bound.
5. You grant permission to Élan (and any transferee or licensee) to utilize any photographs, motion pictures, videotapes, recordings and other references or records of the Services which may depict, record or refer to you for any purpose, including commercial use. This license is worldwide and for an unlimited duration. You understand and agree that you will not be compensated or receive additional consideration for consenting to the use of your likeness and that you will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use your likeness.
6. No warranties or representations have been made to you about the Services which are not stated herein.
7. If any provision of these Client Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
8. You acknowledge that you have fully read, understand and agree to these Client Terms and Conditions.