Membership Terms and Conditions

These Terms and Conditions govern Zen Loft Wellness Center, Inc.’s (“ZL,” “us,” “we,” or “our”) Zen Loft Wellness Center Membership Program (the “Program”). By enrolling in the Program, you (“Member,” “you” or “your”) agree to be bound by and accept these Terms and Conditions and our Privacy Policy located at: http://www.zenloftwellnesscenter.com/privacy. IF YOU ARE UNDER THE AGE OF 18 YOU MAY NOT ENROLL IN OUR PROGRAM.

Please review these Terms and Conditions and our Privacy Policy carefully. They should be reviewed often because ZL reserves the right to change them from time to time and without notice. YOUR RENEWAL OF MEMBERSHIP (INCLUDING ANNUAL AND MONTHLY RENEWALS) IN OUR PROGRAM AFTER SUCH CHANGES HAVE BEEN MADE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. ZL RESERVES THE RIGHT TO CHANGE ANY MEMBERSHIP TERMS CONTAINED HEREIN WHENEVER YOUR MEMBERSHIP IS RENEWED, INCLUDING ANNUAL AND MONTHLY RENEWALS.

 1. MEMBERSHIP FEES; TERM; RENEWAL; CANCELLATION AND BILLING

(a) ZL is currently offering a monthly membership (the “Membership Term”).

(b) Membership fees are due and payable on a monthly basis, on the first of each month, at the rates of $80 Bronze, $110 Silver, $140 Gold, and/or $170 Platinum per month.

(c) ZL RESERVES THE RIGHT TO INCREASE THE MEMBERSHIP FEES, INCLUDING WITH RESPECT TO ANY RENEWAL, AT ANY TIME IN ITS SOLE DISCRETION WITHOUT PRIOR NOTICE TO YOU. IF YOU PAY FOR A FULL YEAR IN ADVANCE, THE INCREASE WILL NOT APPLY TO YOU UNTIL YOUR ANNUAL RENEWAL DATE; IF, HOWEVER, YOU PAY MONTHLY, THE INCREASE WILL APPLY TO YOUR NEXT FOLLOWING MONTHLY MEMBERSHIP FEE INSTALLMENT.

(d) ALL MEMBERSHIP FEES ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY STATED HEREIN.

(e) The initial Membership Term begins on the date you enroll in the Program and ends on the last day of the last month of the initial Membership Term. Thereafter, unless prohibited by applicable laws, your membership will automatically renew on a month to month basis upon expiration of the current Membership Term unless you provide written notice of your intent not to renew to ZL at least thirty (30) days prior to the expiration of the current term.

(f) ZL may cancel your membership to the Program and/or your membership benefits at any time or for any reason in ZL’s sole discretion, including without limitation, should ZL believe or find that your continued membership is objectionable, or in violation of these Terms and Conditions or any applicable law. In the event of any such termination by ZL, other than for your violation of these Terms and Conditions or any applicable law, you will be refunded a pro rata portion of the membership fee for the remaining unused portion of the current Membership Term.

(g) The membership fee can be paid online by credit card at the time of enrollment or in person at our offices. Thereafter, your membership shall automatically renew on a month to month basis, and you authorize us to automatically charge your credit card prior to or during any renewal period with respect to each such renewal month, unless you cancel your membership upon thirty (30) days prior notice by contacting ZL’s membership department at: 630-465-5638 or at [email protected] ZL reserves the right to cancel your membership without notice if, for any reason, the charge is declined, or the credit card we have on file for you is declined or cannot be charged for whatever reason.

(h) All membership fees are subject to all applicable state and federal sales, use and similar taxes, for which you shall be responsible and which ZL can automatically charge to your credit card including with respect to any renewals.

2. MEMBERSHIP BENEFITS

Enrolling in the Program entitles you to certain benefits as follows during a Membership Term:

(a) A 10%, for bronze and silver, or 20%, for gold and platinum, discount on standard prices for massage services sold by Sunshine Bodywork, Inc. or Restore Massage & Bodywork, Inc.

(b) A 25% discount will be applied to the drop-in rate of classes ($15 instead of $20).

(c) A massage from Sunshine Massage & Body Work. The type of massage is dependent upon your membership level:
Bronze members receive a 30-minute chair massage at Zen Loft;
Silver, Gold, and Platinum members receive a 60-minute Swedish massage at Zen Loft.


(d) 4 multi-class pass which is good for any of the classes offered at ZL. Aerial Yoga is two passes per class. A class schedule can be found at our website at http://zenloftwellnesscenter.com

(e) Gold and Platinum members also receive one or two, respectfully, workshop passes which are good for entry into any of our monthly workshops, such as the Partner Massage, Meditation, Reiki, and Education workshops.

(f) Priority booking of event spaces at ZL’s Wellness Center for booking personal & private events such as baby showers, wedding showers, holiday parties, jewelry parties, and wellness brunches with guest speakers. Please note that meeting space for private client meetings, which is subject to availability, and must be booked one (1) week prior to each meeting being scheduled.

3. CONDITIONS

(a) Your membership must be active and valid in order to receive any of the membership benefits described in Section 2.

(b) Any discounts or offers that you may be eligible for as described in Section 2 cannot be used in conjunction with any other discounts, promotions, coupons, offers or during certain holiday periods unless otherwise specifically stated. Discounts and offers are subject to restrictions and limitations, which may be imposed by ZL in its sole discretion at any time and without notice to you. . Such discounts or offers are not eligible on gift certificates or on certain merchandise designated by ZL as ineligible for any discount or offers.

(c) Any discounts or offers that you may be eligible for as described in Section 2 must be redeemed or utilized in full each calendar month while you are an active Member of the Program. Member discounts or offers will not roll over to the next calendar month.

(d) The occurrence of any events, workshops, and/or classes that you may be eligible for as described in Section 2 are subject to availability, change or cancellation at any time in ZL’s sole discretion without notice to you, including cancellation if less than 3 people are signed up for any one of them, and limits on the number of people that can attend.

(e) Membership discounts and offers are for your individual use only. They are not transferable and cannot be used by a non-member of the Program, including any family or friends.

(f) You are expected to submit and maintain complete, accurate and current information regarding your membership. Such information includes, but is not limited to, your name, address, email address, and phone number. You may change or edit your information at any time by contacting ZL’s membership department at: 630-465-5638 or at [email protected]


 4. RELEASE

To the fullest extent not prohibited by law, you hereby fully release ZL and its officers, directors, employees, affiliates, licensors and third party providers from any and all rights, claims, losses, demands, actions and causes of action of any kind which you have or may have arising out of or in any way related to the Program or your use, enrollment and participation in the Program, the associated benefits, the use or misuse of your membership discounts or offers or access to or alteration of the information you provide ZL in connection with the Program. You further agree that your representatives, heirs and assigns are and shall also bound by this release for all times, and for all claims that could be asserted at any time for any reason in relation to the foregoing.

 5. DISCLAIMERS; LIMITATION OF LIABILITY

USE, ENROLLMENT AND PARTICIPATION IN THE PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR OWN RISK. THE PROGRAM AND ITS ASSOCIATED BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS AND THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE PROGRAM AND ITS ASSOCIATED BENEFITS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THE AVAILABILITY OF OR THE RESULTS TO BE OBTAINED FROM THE PROGRAM. ZL DOES NOT GUARANTEE OR WARRANT THAT THE PROGRAM OR ITS ASSOCIATED BENEFITS WILL BE UNINTERRUPTED, WITHOUT DELAY, ERROR-FREE, OMISSION-FREE, OR SECURE OR MEET A MEMBER’S NEEDS OR EXPECTATIONS.
ZL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS AND THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY WITH RESPECT TO ANY MEMBER’S USE, ENROLLMENT AND/OR PARTICIPATION IN THE PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS. IN NO EVENT SHALL ZL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS AND THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, THE COST OF COVER OR ANY SUBSTITUTE GOODS OR SERVICES, OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS, REPUTATION OR GOODWILL, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM OR ITS ASSOCIATED BENEFITS, THE USE OR MISUSE OF YOUR MEMBERSHIP OFFERS OR DISCOUNTS OR ACCESS TO OR ALTERATION OF THE INFORMATION YOU PROVIDE TO ZL IN CONNECTION WITH THE PROGRAM OR ITS ASSOCIATED BENEFITS. IN THE EVENT THAT ZL AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS AND THIRD PARTY PROVIDERS ARE DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO THE PROGRAM OR ITS ASSOCIATED BENEFITS, IN NO EVENT SHALL ZL AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS AND THIRD PARTY PROVIDERS’ AGGREGATE LIABILITY TO ANY MEMBER EXCEED THE TOTAL MEMBERSHIP FEES PAID BY MEMBER TO ZL DURING THE YEAR PRIOR TO SUCH CLAIM BEING MADE.

THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT NOT PROHIBITED BY LAW AND TOGETHER WITH SECTIONS 5, 7 AND 8 SHALL SURVIVE THE CANCELLATION AND TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM.

6. GOVERNING LAW AND VENUE

All disputes and claims arising out of or relating to the Program, the associated benefits, these Terms and Conditions and ZL’s Privacy Policy, including, without limitation, tort claims, shall be governed by applicable federal laws and the laws of the State of Illinois, U.S.A., without giving effect to its conflict of laws provisions. You and ZL agree to waive any and all rights to a jury trial. You agree that the sole jurisdiction and venue for resolving all claims and disputes is in the federal and state courts of Kane County in the State of Illinois, U.S.A, and you waive any defenses, or rights to claim inconvenient forum or lack of personal jurisdiction or immunity. To the fullest extent not prohibited by law, you agree that all class actions with respect to the Program, its associated benefits, these Terms and Conditions or ZL’s Privacy Policy are prohibited and you waive any and all rights to bring or participate in a class action with respect thereto. Only individual actions may be brought for any disputes or claims arising out of or relating to the Program, its associated benefits, these Terms and Conditions or ZL’s Privacy Policy.

7. GENERAL

These Terms and Conditions and ZL’s Privacy Policy constitute the entire agreement between you and ZL regarding the Program and the associated benefits. If any provision of these Terms and Conditions and/or ZL’s Privacy Policy is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. ZL’s failure to enforce any right or provision shall not be deemed a waiver of such right or provision. Headings are for convenience only and should not be given any interpretative effect.

8. EFFECTIVE DATE
These Terms and Conditions are effective as of Jan 1, 2017.