Terms & Conditions

IMPORTANT NOTICE FOR NEW JERSEY RESIDENTS

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A WAIVER OF JURY TRIAL THAT SUBSTANTIALLY AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTION 12 CAREFULLY.

1. Introduction and Identity of  Provider​

1.1 Parties. These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "Member," or "you") and Ekam Yoga, a limited liability entity located in Berkeley Heights, New Jersey ("Ekam," "we," "us," or "our").

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1.2 Brand Clarification and Non-Affiliation. Please be advised that Ekam Yoga (Berkeley Heights, NJ) is an independently owned and operated entity. We are not affiliated, associated, or connected with "Ekam Yoga" of Bozeman, Montana, or "Ekam Yoga & Pilates" of Newport Beach, California. Any memberships, gift cards, or class packs purchased from those entities are not valid at our studio or on our Site.

1.3 Scope of Agreement. These Terms govern your access to and use of the website located at www.ekam.yoga (the "Site"), our mobile applications, online booking platforms, and the yoga instruction and wellness services provided therein, whether delivered in-person at our studio or via digital livestream (collectively, the "Services").

1.4 Acceptance. By accessing the Site, creating an account, booking a class, or participating in any Service, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SITE AND SERVICES.

2. Platform Dependencies and Third-Party Terms

2.1 Third-Party Platforms. You acknowledge that our Services are delivered using third-party technology platforms, including but not limited to:

• Wix.com: For website hosting and content management.

• Wix Bookings / Mindbody: For class scheduling and account management.

• Zoom / Video Conferencing Tools: For the delivery of online livestream classes.

• Payment Processors: Such as Stripe or Wix Payments.

2.2 Flow-Down of Terms. Your use of the Services is also subject to the Terms of Service and Privacy Policies of these third-party providers. You agree to comply with the Acceptable Use Policies of these platforms. Specifically, when participating in classes via Zoom, you agree to adhere to Zoom’s Community Standards, prohibiting conduct that is harassing, threatening, or obscene. Ekam Yoga disclaims all liability for any technical failures, data breaches, or service interruptions originating from these third-party platforms.

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3. Eligibility and Accounts

3.1 Age Requirement. The Services are intended for individuals at least 18 years of age. If you are under 18, you may only use the Services with the direct involvement, supervision, and written consent of a parent or legal guardian.

3.2 Account Security. To access booking features, you must register an account. You agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Medical Disclaimer and Physical Safety

4.1 Not Medical Advice. The content provided by Ekam Yoga is for educational and informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. We are not a medical facility, and our instructors are not healthcare providers.

4.2 Physician Consultation. You expressly acknowledge that yoga involves physical exertion that may be strenuous and could cause physical injury. You represent that you have consulted with a physician prior to commencing our Services and have been cleared for physical activity.

4.3 Assumption of Risk (In-Studio). You acknowledge that participation in yoga classes exposes you to inherent risks, including but not limited to muscle strains, joint injuries, falls, and cardiovascular stress. You voluntarily assume full responsibility for all risks, injuries, or damages, known or unknown, which might occur as a result of your participation.

4.4 Remote Practice Disclaimer (Home Liability). When participating in online/livestream sessions, you acknowledge that Ekam Yoga cannot control your environment. You agree that:

• You are responsible for your space: You must ensure your practice area is safe, level, well-lit, and free of obstacles (e.g., furniture, rugs, pets).

• No Tactile Supervision: Instructors cannot physically adjust you or see your full body at all times. You agree to practice strictly within your personal limits and to stop immediately if you feel pain or dizziness.

• Release: Ekam Yoga is not liable for any injury or property damage arising from hazards in your remote practice location.

5. Waiver and Release of Liability 

To the maximum extent permitted by New Jersey law:

5.1 Release. You, on behalf of yourself, your heirs, and legal representatives, hereby forever release, waive, discharge, and covenant not to sue Ekam Yoga, its owners, directors, officers, employees, contractors, and agents (the "Released Parties") from any and all claims, demands, liabilities, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by you while participating in our Services, whether caused by the negligence of the Released Parties or otherwise.

5.2 Savings Clause (NJ Compliance). New Jersey Residents: This release applies to ordinary negligence. However, consistent with the NJ Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), this waiver does not extend to claims arising from the Released Parties' gross negligence, recklessness, willful misconduct, or statutory violations that cannot be waived by law (such as rights under the Health Club Services Act, where applicable).

6. New Jersey Health Club Services Act Rights

To the extent that your purchase of a membership or series of classes constitutes a "health club services contract" under N.J.S.A. 56:8-39 et seq., you are entitled to the following statutory cancellation rights:

6.1 Three-Day Right of Rescission. NOTICE TO BUYER: YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD OPERATING DAY AFTER RECEIVING A COPY OF THIS CONTRACT. If you choose to cancel, you must notify Ekam Yoga in writing via registered or certified mail or personal delivery to our Berkeley Heights address. If you cancel within this period, you are entitled to a full refund of any money paid.

6.2 Cancellation Upon Death or Disability. If you become disabled due to a permanent physical injury or medical condition that precludes you from using our Services, or in the event of death, you or your estate may cancel this contract. Ekam Yoga reserves the right to require reasonable verification by a physician.

6.3 Cancellation Upon Relocation. If you change your permanent residence to a location more than 25 miles from the Ekam Yoga studio, and we cannot transfer your membership to a comparable facility, you may cancel this contract. Proof of new residence (e.g., lease, utility bill) is required.

6.4 Prohibition on Long-Term Contracts. Ekam Yoga does not offer, and this Agreement shall not be construed as, a contract for a term longer than three (3) years.

(Note: Specific business cancellation policies, such as "Late Cancel Fees" or "No-Show Penalties" for individual class bookings, are operational rules managed through our Booking Platform and are incorporated with each order invoice for reference. Please review the booking invoices for the specific time windows applicable to your reservation.)

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7. User Conduct and Studio Etiquette

7.1 Code of Conduct. We are dedicated to maintaining a safe, respectful, and inclusive environment. You agree not to:

• Harass, threaten, or intimidate staff or other students.

• Engage in disruptive behavior during in-person or online classes.

• Use the Services for any commercial solicitation.

7.2 Online Etiquette & Recording.

• Mute Policy: Keep your microphone muted when not speaking to the instructor to avoid audio feedback.

• Privacy of Others: You agree not to photograph, screen-capture, or record the video feed of other participants.

• Instructor Recording: You acknowledge that online sessions may be recorded by the instructor for the "On-Demand Library." If you do not wish to be recorded, you must disable your camera. By leaving your camera on, you grant Ekam Yoga a royalty-free license to use your likeness as captured in the class recording.

8. Intellectual Property Rights 

8.1 Ownership. All content included on the Site and delivered through the Services, including text, graphics, logos, video recordings of classes, choreography, and audio (collectively, "Content"), is the property of Ekam Yoga or its licensors and is protected by United States and international copyright laws.

8.2 Prohibition on Capture. Strictly Prohibited: You may not record, screen-capture, download, reproduce, distribute, or publicly display any livestream class or video content provided by Ekam Yoga without express written permission. Violation of this provision constitutes a material breach of these Terms and copyright infringement.

9. Payment and Refunds

9.1 Authorization. By providing a payment method, you authorize Ekam Yoga (and our third-party payment processors) to charge the full amount of your purchase, including any applicable New Jersey Sales Tax.

9.2 Refund Policy. Except as provided in Section 6 (Statutory Rights) or as required by applicable law:

• Single Classes & Packages: Are generally non-refundable and non-transferable.

• Merchandise: Returns are subject to our specific Return Policy posted at the studio.

• Workshops: May have specific cancellation windows detailed at the point of sale.

10. Indemnification

You agree to indemnify, defend, and hold harmless Ekam Yoga and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your violation of these Terms.

• Your violation of any third-party right, including copyright, property, or privacy rights.

• Your conduct during a class (online or in-person) that causes injury to another participant.

11. Limitation of Liability (TCCWNA NOTICE)

11.1 General Limitation. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EKAM YOGA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

11.2 TCCWNA Compliance. New Jersey's TCCWNA prohibits the inclusion of provisions in consumer contracts that violate clearly established legal rights. Nothing in these Terms is intended to limit Ekam Yoga's liability for its own gross negligence, recklessness, or intentional misconduct, or to void any rights you have under the New Jersey Products Liability Act or Consumer Fraud Act. If any provision is found to violate the TCCWNA, it shall be severed to the extent necessary to ensure the remaining provisions remain valid.

12. Dispute Resolution and Binding Arbitration (ATALESE WAIVER)

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS YOUR RIGHTS TO GO TO COURT.

12.1 Agreement to Arbitrate. In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship with Ekam Yoga (collectively, "Disputes"), you and Ekam Yoga agree to resolve such Disputes exclusively through binding arbitration, rather than in a court of general jurisdiction.

12.2 EXPLICIT WAIVER OF JUDGE AND JURY TRIAL. UNDERSTAND WHAT THIS MEANS: BY AGREEING TO ARBITRATION, YOU AND EKAM YOGA ARE EACH EXPRESSLY WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR A JURY. You understand that arbitration is usually more informal than a lawsuit in court, and that discovery and rights of appeal in arbitration are generally more limited than in a court proceeding.

12.3 Class Action Waiver. YOU AND EKAM YOGA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12.4 Arbitration Rules and Location. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in Union County, New Jersey, or another mutually agreed location reasonably convenient to both parties.

13. Miscellaneous

13.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.

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13.2 Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13.3 Entire Agreement. These Terms, together with the Privacy Policy and any specific booking policies presented at the point of sale, constitute the entire agreement between you and Ekam Yoga regarding the Services.

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14. Contact Information

14.1 Ekam Yoga LLC : team@ekam.yoga | +1-646-744-7344