Terms & Conditions
COVID-19 SPECIAL TERMS AND CONDITIONS
Covid-19 Special terms and conditions supersede and/or replace any pre-existing terms and conditions until further notice. In the case where terms and conditions have not been defined by new Covid-19 Special terms and conditions then the most recent version of Fire Shaper’s terms and conditions remain in effect.
RESERVATIONS & BOOKINGS
- Once you make a booking you are committed to attending that class. If you do not want to attend you must cancel your booking. See cancellations below for terms.
- You can only book up to 6 days in advance. Each day a new day opens up as the 6 day window continues.
- If you are using our onLine system we highly recommend that you enable ALL texts & email communications in your profile so that you get your reminders and notifications.
- If you put yourself on a waitlist you will be automatically added to class as people cancel their bookings. If you waitlist yourself you must be committed to take the booking if you are added to the class. If you are not then please remove yourself from the waitlist.
- IMPORTANT: You must enable ALL texts & email communications in your profile so that you get your reminders and notifications. If you miss the notification and are added you will still be charged as if you attended.
- If you do not make it in on a waitlist you will not be charged for the class.
- If you are an “unlimited” member and your are added from your waitlists to more than one class on the same day you must cancel one of those bookings because Unlimited package holders may only practice a maximum of 1x/day. Failure to remove yourself from a second class on the same day will result in you being charged $22 for the second class. Note, that our system will not automatically remove you from the second class and it is up to you to manage your bookings.
- To cancel your reservation you must do so within 12 hours of the reservation time. We must do this because waitlisted people need adequate time to be notified of being added into class.
- Once the 12 hour window passes you are committed to the class and will be charged for it whether you show or not.
NO SHOW POLICY
- Class Packs: If you do not show up for a class reservation the class will be deducted from your account.
- Unlimited Members: If you do not show up for a class reservation you will be charged $18 for the missed reservation. This fee will need to be paid upon your next visit.
- All purchases are final
- All expiration dates are final
- There are no package suspensions or extensions for any reason unless initiated by Fire Shaper
COVID-19 FACILITIES AND AMENITIES
During the Covid-19 crisis there are many changes that have been made which deviate from our normal operations.
- Do not come to the studio if you feel sick or un-well at all
- If you are practicing class and you are asked to leave or you leave because you are not feeling well then you will still be charged for attending the class.
- Shower facilities are not available at this time
- Social distancing is in effect and patrons must maintain the posted social distance at all practical times
- You must wash your hands prior to entering our yoga space
- Follow the studios posted Covid-19 recommendations
- There will be no mat or towel rentals available until all Covid-19 restrictions are lifted
- You are required to wear a mask upon entering the studio and leaving the studio. You are required to wear a mask as directed when practicing unless by wearing a mask it interferes with your health and well-being due to restricted air flow.
- There are no mat or towel rentals. You must bring your own. You will not be allowed to practice without a mat or LARGE towel. If you are asked to leave because you did not bring the proper equipment to practice then you will still be responsible for paying for the spot that you allocated to yourself.
COVID-19 PACKAGE ALTERATIONS
- All Packages have gradings depending on the price point of original package purchase.
- Grade A: These are packages purchased at full RRP price
- Grade B: These are packages purchased at a discount of 25% or less RRP
- Grade C: These are packages purchased at a discount of 26-50% RRP
- Grade D: These are packages purchased at a discount of 50% or greater RRP
- All Package grades may incur scheduling restrictions and may not be available for use in certain classes during certain days and times.
- Fire Shaper may make additional scheduling restrictions as necessary without advanced notice for all package grades.
- All Package grades will receive a “Covid-19 extension” to reflect the number of days our studio was closed during the pandemic.
- Grade D packages will have received a “Covid-19 extension” which is for the number of days that our studio was temporarily closed. These packages will reactivate exactly on the date our studio re-opens (post Covid-19) and without exception.
- Pre-Covid19 Class packages may be returned to the client in the form of Fire Shaper account credit for use by the client to use to purchase additional classes or retail items.
- Rollovers and Rollover policy: Pre-Covid19 Packages may not be rolled over into new packages until further notice.
- Personal or Business Checks are NOT ACCEPTED in our studios
- Visa – MasterCard – are all welcome as payment methods
- We do also accept Cash
- All unpaid balances and/or unpaid classes with Fire Shaper will be reconciled automatically for the full price of the unpaid debt with the credit card on your account if your account is 7 or more days in debit with Fire Shaper.
- Please remove shoes, slippers, or sandals upon entering the studio or check-in area.
- Behind our Reception desk is for staff only
- Refrain from talking in the Yoga Room – Students are meditating and preparing for their class. The Yoga room is a place of silence
- When speaking on a Cell Phone please go outside of the building rather than our Reception area.
- Silenced Cell phones in the yoga room are for Doctors-on-call, Mothers, and emergencies ONLY
- Must be 16 years or older to practice at our studios. Age 16 require parental consent, 17 and older may practice as they wish.
- You must use LARGE Towels on your mat
- If you sweat excessively, and use only a single towel, please bring extra towels or rent them in advance of your class.
- If you are a person that sweats a lot then please be courteous enough to do the following: Bring or Rent extra Towels & Please, wipe your mat down before you pick it up off the flooring.
- Be conservative with the amount of tissues and paper towels that you use. Try using the hanging towel instead. Save a Tree – Recycle – ReUse – Reduce
- Be mindful if you need to leave the room during class and if you must leave please do so in between postures.
- Plan to stay for the entire length of the class. If, on occasion, you absolutely must leave early, please let the teacher know before class begins.
- The Back row is for new students.
- Front row is for more experienced practitioners only.
- All merchandise and/or rentals must be paid for at time of purchase. Money can be placed on your hot yoga account so you can carry a balance for purchases of water, towels, etc. Minimum Credit Card purchase amount is $15
- Practicing with us means that you will make every effort and adhere to our teachers’ instructions and to follow our studio policies.
- Fire Shaper does not allow men or women to participate in our classes wearing undergarments as their main clothing or attire.
- Men are not allowed to participate wearing speedos.
- Men must wear proper undergarments that will maintain respectful control and concealment of their private area especially when wearing loose fitting shorts, running shorts, or any other garment not specifically designed for a hot yoga practice.
- Participants should be aware of the transparent nature of various materials when they get wet and adjust their use accordingly.
- Women may not practice in string bikinis or other garments that do not respectfully control or conceal their breasts and private areas.
- Family sharing is only between family members of direct relationship (Mother, Father, Daughter, Son)
- Package holders must show proof of the direct family relationship
- Family sharing is for a maximum of 2 Adults (this is the package holder + one other adult) & up to 2 Children (must be 16yrs old or more)
- Family sharing option is only for packages that indicate “Family Sharing” such as the 50 Class Card
- Family sharing options are not automated and may only be actioned on request.
- The Package holder may only request to add and remove sharing relationships once per family member
“Rollover Classes” are classes that have expired on a previous Class package and have been rolled into a new class package
- “Rollover Classes” may be “rolled” into a new class package of equal or greater value at the discretion of Fire Shaper
- “Rollover Classes” may only be added to a package that is of equal or great value to the regular retail price of the package in which the “Rollover Classes” have orginated from.
- Active packages that contain “Rollover Classes” may not be suspended or frozen for any reason
- Valid dates on packages that contain “Rollover Classes” are strongly upheld
- At the time of Expiration, the unused classes contained in a class package lose 100% of their value and are no longer considered valid unused classes
- “Rollover Classes” have no monetary value at all and exist solely at the discretion of Fire Shaper
- After a period of 365 days (1 year) all unused “Rollover Classes”, that exist in any expired or non- expired class package, are no longer available for rolling over into a new package and may be terminated by Fire Shaper
- “Rollover Classes” may not be shared, transferred or sold
- “Rollover Class” policy may change anytime at the discretion of Fire Shaper.
- “Rollover Classes” may not be Shared, Transferred, Extended, Frozen or Sold
- “Rollover Class” policy is strictly upheld and there are NO special circumstances for extending, freezing, sharing, transferring or re-selling.
- “Rollover Classes” are not added automatically and you must notify us via email in order to apply any rollover classes (click to email your studio location)
- Unused classes will only be rolled over at the request of the student and will not be automatically rolled over by Fire Shaper
- Once a package is purchased and used no classes previous to that package can be available as “Rollover Classes”.
- The rolling over of unused classes is not a standard service and may only be exercised as an option by request from the package holder provided all other conditions are met
- If you choose to use “Rollover Classes” those classes will not be used first in your new package. They will only be used once the newly purchased classes have been used up.
- All classes in a package (including Rollover Classes) are subject to that current packages expiration date and will expire at that time.
GIFT CARDS AND GIFT CERTIFICATES
- Gift Cards & Certificates will not be replaced if lost, stolen, or used without your (the purchaser or recipients) permission.
- Gift Cards & Certificates cannot be redeemed for cash or returned for a cash refund.
- Discounts and special offers do not apply to the purchase of Gift Cards & Certificates.
- Gift Card & Certificate policy may be changed at anytime, and are at the sole discretion of Fire Shaper.
- Gift Cards & Certificates are valid for a period of 5 years at which time any existing credit will be deleted from the system and are non-refundable.
- Fire Shaper is not responsible for lost or stolen Gift Cards or Gift Certificates
- Gift Cards & Certificates must be physically presented in its original form (except emailed gift certificates) in order to be used
- Gift Cards & Certificates that have be pre-applied to a clients account may not be transferred unless unused and requested for transfer by the original recipient
SERVICE AND PACKAGE POLICIES
- All packages have expiration dates and will be strongly upheld
- Only the Yearly Unlimited (Grade A) may be frozen one time with a Doctors’ note (All other Graded packages may not be frozen or suspended for any reason)
- Maximum 30 day suspension
- Maximum 1 suspension per year unlimited
- Special discount packages may not have the option for suspension or freezes. Please check the terms of the package located in your online purchase receipt detail
- Suspensions must be requested PRIOR to the time required and may not be applied to any time that has already lapsed
- A completed suspension form (available from your studio manager) must be submitted along with a Doctors note
- Suspended time can only be applied within 7 days of the submission of your suspension form
- Only the Year Unlimited may be available for this one time suspension opportunity
- Service and Package policies may be changed at anytime, and are at the sole discretion of Fire Shaper
- Service and Package Policies allow for practice 1x per day by an unlimited package holder unless otherwise allowed by management.
- Fire Shaper reserves the right to impose further practice limitations due to legislated or government imposed restrictions on the business of the studio.
- Services and Packages may not be Shared, Sold or Transferred unless otherwise indicated
- At the time of expiration, all unused classes that exist in a class package lose any and all monetary value
- Refunds – Refer to Refund policy on services below
- All package sales are final
- “Free” or “Bonus” Classes that may or may not be sold as part of a promotion or sale have no transactional cash value.
- “Free” or “Bonus” Classes that may or may not be part of a group of classes will always be the last classes to used used on that package or group of classes.
- “Free” or “Bonus” Classes that may or may not be part of a group of classes will not be considered part of any pro-rated calculation or amount and will not be counted toward any package or offering deemed available for a refund.
- Pro-rating class packages for any type of refund. Pro-rates will always be calculated based on the full regular retail price of a single class (ex: 10 classes are purchased at $170. Only 6 out of 10 classes have been used. 4 Classes remain un-used. The customer requests a pro-rated refund for the unused classes. 6 classes are calculated at the $22 Single class rate which is the current advertised rate at the time of this example. $22 X 6 = $132.00 This is the amount calculated as owed by the customer. Total eligible amount for a refund is $170 – $132 = $38.00) For unlimited based packages pro-rates are calculated based on the full regular retail price of a single month of yoga (ex: 3 months are purchased at $300. Only 2 out of 3 months have been used. One Month remains un-used. The customer requests a pro-rated refund for the unused month. One Month calculated at the $180 Single Month rate which is the current advertised rate at the time of this example. $180 X 2 = $360.00 This is the amount calculated as owed by the customer. Total eligible amount for a refund is $180 – $360= (-) 180 which leaves no refund due)
- Package upgrades are available at the discretion of Fire Shaper
- All unlimited packages are time based packages and the class count (class count default is 10000, 9999 or the similar) in the package has no monetary value and is not available for rolling over, extending, transferring, sharing, selling, or refunding
- Any unpaid classes that exist on your account for a period of 7 days or more will be automatically charged to your bank or credit card on file for the full price of the unpaid classes.
- Items that have been worn may not be exchanged or returned unless according to the refund policy for products below
- Items presented for Return or Exchange must be in same condition as purchased with the original receipt and packaging/tagging
- Exchanges may be accepted within 7 days of purchase
- Items accepted as “returned” may be returned for Fire Shaper account credit
- Retail Policies may be changed at anytime by Fire Shaper
- Online store items and Online purchases are subject to the Retail Policies of Fire Shaper
- Online store purchases made through any of our Partner Stores are subject to the Partner Store Policies
- Fire Shaper Partner Stores are listed on the Fire Shaper Online Retail Store Pages
- Fire Shaper is not responsible for any purchases made through the Fire Shaper Partner Stores
AUTO RENEW POLICIES
- ALL AUTO RENEW PACKAGES ARE SELF-MANAGED BY YOU (THE CLIENT) THROUGH YOUR LOG IN AND SECURE ACCOUNT PROFILE – FIRE SHAPER IS NOT RESPONSIBLE FOR DELETING OR TERMINATING ANY OF YOUR CONTRACTS – YOU MUST READ YOUR TERMS AND CONDITIONS CAREFULLY – NO EXCEPTIONS TO THIS POLICY – FIRE SHAPER OFFERS YOU THE GREATEST FLEXIBILITY IN MANAGING YOUR AUTO RENEW, IN EXCHANGE, ALL TERMINATING IS YOUR RESPONSIBILITY. IF YOU HAVE A MINIMUM GAURANTEED COMMITMENT ATTACHED TO YOUR PARTICULAR AUTO RENEW PACKAGE AND YOU TERMINATE PRIOR TO YOUR MINIMUM CONTRACTED TIME FRAME FIRE SHAPER WILL CHARGE YOUR ACCOUNT AND SEEK PAYMENT FOR ALL OUTSTANDING BALANCES – NO EXCEPTIONS
- All Auto Renew holders agree to the terms and conditions listed in their contract upon purchase and/or upon use of the package
- Terminating your Auto Renew is simple: CLICK TO MANAGE YOUR AUTO RENEW HERE All Auto Renew Packages may only be terminated by the client by logging onto their account.
- Terminating your Auto Renew package online will terminate its use IMMEDIATELY. Be sure to plan your termination accordingly.
- Terminated Auto Renew accounts may not be re-instated. Once the account holder has terminated their account the process is final.
- – All Auto Renew holders are required to review and accept their electronic contract and agreement. Please log onto your account to review your document/contract if you have not done so already.
SUSPENSIONS OF AUTO RENEW PACKAGES
- All Auto Renew Package holders require submission of a Suspension Application 7 days prior to any proposed Suspension Time period. Subject to Fees.
- Any suspension submission is not activated until acknowledged by YOUR STUDIO LOCATIONS MANAGER – CLICK TO GOTO YOUR STUDIO be sure you receive email confirmation of the suspension
- If a payment is processed prior to suspension the payment will remain in your Fire Shaper Account and the suspension will provide you with the proper usage of all suspended days. Your payment WILL NOT be refunded unless in accordance with the services refund policy above.
- Suspending or Freezing an Auto Renew is not a guaranteed service and is by the discretion of Fire Shaper only. You may also incur a Fee to suspend.
- To obtain a Suspension Application please email us with your name and studio affiliation
- Minimum age to participate in any Hot class is 16 years old
- 16 year olds must be accompanied by a parent or guardian and the parent or guardian must sign off on their waiver form as well as either participate with them or wait for them in our reception area
- Age 17 and above may participate on their own and sign on their own behalf
- Parents may not leave their children in our reception area, outside the studio, or in their car while they practice yoga. Any actions deemed abusive or irresponsible in nature will be reported to the proper authorities immediately.
- Warm or Low Heat classes may have age limits of 12 and over. Please consult with your local studio location in which you plan to attend
- KINDLE classes will have defined age requirements and ranges, Please consult with your local studio location in which you plan to attend
- All Children age 16 and under are required to be accompanied by a legal parent or guardian for the duration of the childs class experience unless the child is participating in a KINDLE class.
- We have a ZERO tolerance policy regarding Harassment or Mis-Conduct of any kind. We will ask the offender to leave the studio with the option of asking local authorities to remove the offender. Fire Shaper reserves the right to prosecute to the full extent of the law.
- Fire Shaper and the staff of Fire Shaper with-hold the right to deny access to any person/client that has demonstrated any behavior deemed in-appropriate in anyway.
- In-appropriate behavior may be defined as but, not limited to, harassment (sexual or otherwise), in-subordinate, threatening, biased, abusive, potentially harmful, bullying or un-kind to their fellow humans.
- Clients asked to leave due to any type of harassment or misconduct will not be refunded completely or partially for money paid upfront for their packages or products.
- Clients threatening our staff or business with inappropriate actions or “if you don’t do this then I will do that” language will be asked to leave permanently and refunds will only be provided in in accordance with service and product refund policies above.
- All clients are expected to follow the policies of Fire Shaper.
WAIVER OF LIABILITY AND ASSUMPTION OF RISK
(1) I have been examined by a licensed physician within the past six months and have been found by such physician to be in good physical health and fully able to perform all Yoga, Fitness and Pilates exercises which I am to learn and perform during my enrollment with “Fire Shaper”
(2) I will faithfully follow all instructions given me by “Fire Shaper” and your instructors as to when, where, and how to perform and not to perform Yoga, Fitness & Pilates exercises, it being understood that any deviation by me from such instructions shall be at my own risk.
(3) I will not hold “Fire Shaper”, your partners, instructors, or employees responsible for any injuries suffered by me caused whole or in part by my failure to faithfully follow the instructions of “Fire Shaper” or your instructors or by any physical impairment of mine not fully disclosed to you in writing. All attestations shall survive even if one or more are deemed un-enforceable regardless of time or client status.
(4) I understand and acknowledge that I am to receive instruction in Yoga, Fitness & Pilates theory and exercises only, and I will not hold “Fire Shaper”, your partners, instructors, or employees to any higher standard of care than that applicable to school of Yoga, Fitness & Pilates theory and exercises.
(5) The tuition or fees paid herewith and such registration fees paid hereafter are non-refundable, such refunds if any, as are made shall be entirely within the discretion of the “Fire Shaper”. I will abide by your studio policies posted herein
(6) I will not perform any actions that may put my health conditions at risk, if I do so, it will be by my own willful doing whether along with or against “Fire Shaper” instructions and/or recommendations.
Upon registering for any class or event at Fire Shaper, I agree that Fire Shaper or it’s director, partners, or owners are in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that classes at Fire Shaper may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Fire Shaper or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise. I acknowledge that I have been examined by a licensed and registered physician and have been found to be in able physical and mental condition to participate in the class offerings of Fire Shaper knowing that the classes are offered in temperatures that are increased in heat and humidity. I acknowledge that I will not hold Fire Shaper, the franchise, the owners, the employees, or their contractors responsible for my actions, injuries or losses. I acknowledge that participation in the classes, workshops and events are for educational purposes only and not intended to cure or prevent disease.
Release and Waiver of Liability and Indemnity Agreement
(Read Carefully Before Booking Your Class or Event with Fire Shaper)
In consideration of being permitted to participate in any way in the Fire Shaper Program indicated below and/or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the general public is prohibited), the parent(s) and/or legal guardian(s) of the minor participant named below agree:
1. The parent(s) and/or legal guardian(s) will instruct the minor participant that prior to participating in the below Fire Shaper class, activity or event, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate. I understand and agreed that, if at any time, I feel anything to be UNSAFE, I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
2. I/WE fully understand and acknowledge that:
(a) There are risks and dangers associated with participation in classes, events and activities which could result in bodily injury partial and/or total disability, paralysis and death.
(b) The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
(c) These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below.
(d) There may be other risks not known to us or are not reasonably foreseeable at his time.
3. I/WE accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.
4. I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Fire Shaper branded facility used by the participant , including its owners, managers, promoters, lessees of premises used to conduct the class, workshop, training, event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the Fire Shaper branded facility or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as “Releasee”…FROM ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.
5. I/WE HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
7. On behalf of the participant and individually, the undersigned partner(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite this release, the participant makes a claim against any of the Releasees, the parent(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his behalf, and hold them harmless.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
“Fire Shaper” defined as: Any Fire Shaper Branded Facility; YOGA DOWN UNDER LLC, PURE PRANA LLC, HOT YOGA NJ LLC, HOT YOGA NY LLC, FIRE SHAPER PTY LTD, THE TRUSTEE FOR THE SURIE TRUST, AND any other holdings in which JOHN S. SURIE AND NATALIE A. SURIE EXIST AS MEMBERS, OFFICERS, OWNERS, PARTNERS, OR OTHER INVOLVED ROLES.