POE Fair Haven does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided to POE Fair Haven. Personal information might be obtained from online transactions such as class package and membership purchases and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website or App. Any personal identification information retrieved by POE Fair Haven must be voluntarily submitted by the user. 

POE Fair Haven may use the information provided to contact you with important information, required notices, and marketing promotions. 

Security Statement

POE Fair Haven makes every effort to ensure that all of the transactions that occur on the Website and App are secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website and App. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

What is a Secure Connection? 

When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection. Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for ‘secure’ and indicates a secure connection to the POE Fair Haven website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others. Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser. 

Cookies 

A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites – the website that creates a cookie is the only one a browser will permit to access it. 

Like many other websites and applications, the Website and App use cookies to obtain certain types of information. For example, POE Fair Haven might use cookies to control access to certain features such as your password and account, to customize content areas, or to analyze site activity and user behavior. POE Fair Haven reserves the right to use cookies in the future in conjunction with new content or expanded functionality. 

If you are concerned about the use of cookies, you can explore your web browser’s options to notify you whenever a cookie is set, or to disallow cookies altogether. You should be aware that prohibiting the use of cookies will significantly restrict access to certain types of content or features. 

How Information is Used 

The following are examples of how POE Fair Haven might use the personal information collected through the Website and/or App: 

* If you purchase a POE Fair Haven membership, package, or sign up for a POE class the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order. 

* If you indicate that you are interested in receiving POE Fair Haven related news and information, you may receive emails to the email address you provided as part of the registration process. 

For the non-personally identifiable information collected throughout the Website or App: 

* Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website, the mobile application, and the overall POE Fair Haven experience. 

You can help POE Fair Haven maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. POE Fair Haven will never share telephone numbers, email addresses, or any personal data with third parties. 

POE Fair Haven reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion. 

Privacy of Minors 

If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. POE Fair Haven does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 18. Registration of a minor (ages 12-17) must be completed in person at one of our studios with a parent or guardian.

If POE Fair Haven discovers that personal information has been submitted by a minor without a signed participant/registration waiver, POE Fair Haven reserves the right to delete such information. 

POE Fair Haven does not seek or share personal information from minors throughout the Website or App. 

Reservations/Charges 

In order to make a reservation, you must first own a membership, single class or a package (multiple classes). To buy an individual class or package online, you may register for an account online by using your email and creating a password, or if you are already registered, enter your login information to purchase a class, package, or membership and make your reservation. 

You should be aware that classes and packages expire, and future prices are subject to change. We accept MasterCard, Visa, and American Express. Cash payments may only be made in the POE Fair Haven studio. 

Your credit/debit card will be charged for your order when you submit your reservation. POE Fair Haven will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that POE Fair Haven may incur in its efforts to collect any unpaid balances from you. 

Cancellation Policy 

In order to cancel a class reserved in a POE Fair Haven studio and return it to your account, you must unreserve 1 hour prior to the class. Once your class is cancelled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven't cancelled your class and it is not cancelled with the 12 hour time frame, you will be charged a LATE CANCEL FEE of $25.

You can cancel your reservation in the following ways: 

1) Log into your account and, next to the class you wish to cancel, press "CANCEL”. 

2) Call or email (info@poefh.com) the studio to cancel the class for you.

FOR CLIENTS RUNNING LATE: We ask that you call or email the studio to let us know you are on the way. The front desk will hold a reservation for up to 5 minutes after class begins though we cannot guarantee you will be given the spot you signed up for. 

FOR CLIENTS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the instructor ahead of time. 

Links/Third Party Websites 

POE Fair Haven has not reviewed all the sites linked to the Website and/or App, and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website and/or app may contain the POE Fair Haven logo, please understand that it is independent from POE Fair Haven, and that POE Fair Haven has no control over the content of that website and/or app. 

Going to third party or off-site websites from the Website and/or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with POE Fair Haven. 

Intellectual Property Rights 

The trademarks and trade dress of POE Fair Haven are proprietary to POE Fair Haven and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, POE Fair Haven. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use. 

Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of POE Fair Haven, is strictly prohibited. 

You acknowledge that POE Fair Haven and/or third party content providers remain the owners of all Website and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. POE Fair Haven may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time. 

NOT AUTHORIZED TO PERFORM DATA MINING 

You are not authorized without the prior written permission of POE Fair Haven to use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website and/or App or accessed through this Website and/or App. You also may not engage in the mass downloading of files from this Website and/or App; use the computer processing power of this Website and/or App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website. 

NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES 

Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of POE Fair Haven’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website and/or App in connection with the sale or resale of any POE Fair Haven products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website and/or App. Furthermore, POE Fair Haven’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, User’s permission to use POE Fair Haven’s material will automatically terminate and any copies made of POE Fair Haven’s material must be immediately destroyed. Any unauthorized use of POE Fair Haven’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes. 

Warranty Disclaimer and Limitation of Liability 

In no event will POE Fair Haven be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third- party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if POE expressly advised of the possibility of such damage. 

All information is provided by POE Fair Haven on an “as is” basis only. POE Fair Haven provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement. 

Choice of Law 

The Website, App, and your use hereof, is governed by the laws of the State of New Jersey, without regard to New Jersey’s choice of law provisions. Any claim arising out of your use of this Website or App must be brought in New Jersey. 

Policy Changes 

Occasional changes may be made to this document as new services and content are added to the Website or App to reflect changes in POE Fair Haven’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically to stay informed of current privacy guidelines. 

Acceptance of Terms 

By using the Website or App, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website or App. Your continued use of the Website or App following the posting of changes to these terms will indicate your acceptance of those changes. 

Waiver

Indemnification, Waiver and Release of Liability

You hereby hold harmless, waive, release, and discharge Fair Haven Yoga LLC and all of its respective shareholders, principals, directors, officers, members, managers, instructors, and employees (collectively and hereinafter defined as “POE Fair Haven”) from and against all liability, losses, costs, expenses, causes of action, claims, judgments, liens, litigation, penalties, orders, violations, damages, including reasonable attorney’s fees, costs and expenses arising out of personal property damage or loss, personal bodily injury, and/or wrongful death, caused by negligence or otherwise (except to the extent caused by the willful misconduct or gross negligence of POE Fair Haven), sustained during any services or events (hereinafter collectively defined as “Services”) offered by POE Fair Haven or while present on the premises located at 772 River Rd, Fair Haven, NJ 07704 (the “Premises” or “POE Fair Haven Premises”) (hereinafter defined as “Indemnification, Waiver and Release”). Services shall be understood and acknowledged to include all group and personal fitness classes offered by POE Fair Haven, including, but not limited to, Firebeat, Megabeat, Yoga, Dance, and any events hosted by POE Fair Haven. You acknowledge and agree that this Indemnification, Waiver and Release applies to all Services offered by POE Fair Haven. You acknowledge that POE Fair Haven is not responsible for the safekeeping of personal property. You acknowledge the mental and physical risks while participating in group fitness classes and private sessions. You acknowledge that injury is a “common and inherent part” of exercising. You acknowledge that the studio during the Firebeat class in particular can reach temperatures of up to 120 degrees Fahrenheit. Your acknowledgments cause you to accept the understanding that your participation in all POE Fair Haven classes is of your own will and at your own risk. You agree that neither you, nor your heirs, administrators, agents or legal representatives will take legal action by suing or initiating any claims against POE Fair Haven for any personal injury, property damage/loss, or wrongful death whether or not caused by negligence or otherwise, except to the extent caused by the willful misconduct or gross negligence of POE Fair Haven.

Special Limitations of Liability During the Coronavirus/COVID 19 Pandemic

POE Fair Haven takes the coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, POE Fair Haven cannot guarantee that you, your family, or your guests will not become infected with COVID-19. It is possible that attending classes, events and activities at POE Fair Haven may place you in close physical contact with other members, attendees and staff and could increase the risk that you, your family members and/or guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members and/or guests may be exposed to or infected by COVID-19 at POE Fair Haven and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand the risk of becoming exposed to or infected by COVID-19 at POE Fair Haven may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, POE Fair Haven (as defined above), its attendees and clients.

By signing this document, enrolling online, and/or attending in person classes, events, activities, and other programs offered by POE Fair Haven and/or entering the POE Fair Haven Premises you voluntarily agree, on behalf of yourself, your heirs, your agents, personal representatives and/or assigns, and any minor child you may enroll: (a) to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, loss, claim, liability, or expense, and death, and any attorneys’ fees and costs relating thereto) that may occur to you or your family members in connection with attendance at the POE Fair Haven Premises or as a result of participation in POE Fair Haven Services or events (“Claims”); and (b) covenant not to sue, POE Fair Haven, its attendees, and/or its clients for the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of POE Fair Haven, its attendees, and/or clients, whether a COVID-19 infection occurs before, during, or after attending Services or events offered by POE Fair Haven or visiting the POE Fair Haven Premises.

Photo Consent

You hereby grant and authorize POE Fair Haven the right to take, edit, alter, copy, exhibit, publish, distribute, and make use of any and all pictures or video taken of you to be used in and/or for legal promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, websites, social networking platforms and other print and digital communications, without payment or any other consideration (“Photo Authorization”). This Photo Authorization extends to all languages, media, formats, and markets now known or hereafter devised. This Photo Authorization shall continue indefinitely, unless you otherwise revoke said Photo Authorization in writing.

Acknowledgments

You have read and fully understand this Indemnification, Waiver, Release of Liability, and Photo Consent Form (the “Form”). You understand that You have given up substantial rights by signing it, understand that this Form cannot be modified orally, and You are fully aware of this Form’s legal consequences as a full release of liability for Injury, loss of property and/or property damage, and wrongful death. You acknowledge and agree to be bound by the terms of this Form freely and voluntarily without any inducement, assurance, or guarantee being made to You by POE Fair Haven and/ or any person or entity on its behalf. You intend that Your signature operate as a complete and unconditional release of all liability to the greatest extent allowed by the laws of the State of New Jersey.

You acknowledge that POE Fair Haven has advised you of the procedures they are taking to keep the Premises safe, clean and virus-free. If You do become sick, You agree to waive and release POE Fair Haven from all liability. You understand, acknowledge, and will adhere to the regulations set forth by POE Fair Haven, and understand that said regulations are to ensure the safety of your health.

Governing Law

This Form shall be governed by the laws of the State of New Jersey. The Superior Court of the State of New Jersey shall have jurisdiction over any dispute which arises under this Form, and You submit and hereby consent to such court’s exercise of jurisdiction. In any successful action by POE Fair Haven to enforce the terms of this Form, POE Fair Haven shall be entitled to recover its reasonable attorney’s fees and expenses incurred in such action.

E-sign Consent. Certain laws and regulations may require POE Fair Haven to provide You with written notices and disclosures on paper. With Your consent, this information may be provided to You electronically. Your consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that POE Fair Haven, may provide You. Your consent to receive the Documents electronically shall continue until expressly withdrawn in writing by You. To access, view and receive the Documents electronically, You agree and acknowledges that You must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Your electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if You desire to print any electronic Documents. You acknowledge that You may also need a certain brand or device that can support applications intended for Your electronic mobile devices, tablets and smartphones. By accepting the terms of this Form, You hereby agree to the terms and conditions of this paragraph and consent to the same. You also confirm that You have the software and hardware described above, that You have the means necessary to access, view and receive the Documents electronically.