Terms of service

Last Updated: November 13, 2023

1. OVERVIEW

Before you get started with your first Zen Om Studio service, please read these Terms of Service (“Terms”) carefully. These Terms are intended to apply broadly and, whether we consider you a Member or a Guest (as these terms are defined below), they will govern your (a) access to the Zen Om Studio website (www.zenomstudio.com) (“Site”) (b) entry to a Zen Om Studio location; or (c) your purchase of a product or service sold or provided by us (each, a “Service” and, collectively, the “Services”). By accepting the benefits of our Services, you hereby agree to these Terms. If you do not agree to these Terms, then you may not access the Site, or use our Services. Your acceptance of these Terms shall include any additional terms, conditions, hyperlinks or policies referenced herein.

2. PARTIES TO THIS AGREEMENT

These Terms, together with the information contained in your Membership Agreement, membership receipt (if you are a Member), Privacy Policy, and Liability Waiver (if you are a Member or a Guest), constitute your “Agreement” with Zen Om Studio being identified herein as the “Zen Om Studio” “we” “us” or “our”). Your Agreement is with Zen Om Studio.

3. CHANGES & CORRECTIONS

You can always review the most recent version of these Terms on the Site. We reserve the right to update, change, or replace any part of these Terms by posting updates to the Site or sending you email notice of any such change. It is your responsibility to check the Site periodically for any changes to the Terms. Your continued access to the Site or use of Services following the posting of any such change constitutes your acceptance of the changes. There may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to Services, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

4. SERVICES

We strive to offer you a variety of modern and holistic treatments to help boost immunity and support physical and mental recovery. A list of Services will be posted at each Zen Om Studio location. Services may vary by individual location. Services may include infrared sauna, compression, LED light therapy, cryotherapy, localized cryotherapy, pet local cryotherapy, and PEMF therapy. We reserve the right to change or discontinue Services at any time or adjust the price for Services. Services, once used, are non-refundable. Services may be sold a la carte, as a prepaid package, or through a membership plan. Certain Services may be subject to additional terms and conditions. Unless otherwise permitted, Services can be redeemed only at the Zen Om Studio location where they are purchased.

5. MINORS

We do not offer or provide Services to anyone under the age of 16. Individuals under the age of 16 will not be permitted in the Zen Om Studio location without the direct and constant supervision of a parent or legal guardian. If you are an individual aged 16 or 17, then you may be eligible to receive Services provided your parent or legal guardian co-signs your Agreement (and consents to these Terms), takes primary responsibility for all billing matters related to your account, and remains physically present in the Zen Om Studio location at all times while you are receiving Services. You must be 18 years or older to be eligible for vitamin (IV) therapy, if we choose to add this to our service list.

6. MEMBERS & GUESTS

We make Services available to both Members and Guests. We consider you a “Member” if you purchase Services through a membership plan. We consider you a “Guest” if you purchase Services outside of a membership plan, which could include being a walk-in or purchasing Services on an a-la-carte or prepaid package basis. Whether you are a Member or Guest, these Terms will apply to your receipt of Services. Members, however, will be subject to the additional terms and conditions for Memberships described below.

7. APPOINTMENT BOOKINGS

Although we accept walk-ins for Services on a first-come-first-serve basis, you are strongly encouraged to book an appointment for Services. It is your responsibility to book appointments for Services through the channels provided, which include in-person (at the Zen Om Studio location), by phone, or through the Site. Once you have booked your appointment for Services, you will be considered “locked in” to the appointment. If you must cancel or reschedule your booked appointment, you must do so as soon as possible. If you cancel your booked appointment within six (6) hours of the scheduled start time, you will incur a “late cancel” fee of $30. As a courtesy to other Members and Guests, we will not extend the time for any Service session where you show up late, after the scheduled start time for your booked appointment. If you fail to show for your booked appointment, you will incur a “no-show” fee equal to the full retail value for a single Service session. You agree that the late cancel and no-show fees are reasonable, and you authorize us to charge you, where applicable, to the payment method on file. If you have a membership or purchased Services under a prepaid package and you are subject to paying a late cancel or no-show fee, you will not lose a credit in addition to paying the late cancel or no-show fee. As a courtesy to other Members and Guests, we will begin and end all booked appointments at their normally scheduled times. We will not extend the time if you show up late for a booked appointment. To maximize your benefits, we recommend that you arrive early to get checked in and prepare for receiving Services.

8. STUDIO RULES

Each Zen Om Studio location may post separate “Studio Rules.” These Studio Rules will apply in addition to these Terms and will also be considered part of your Agreement. Studio Rules are subject to change, in our sole discretion. Services offered, hours of operation, rules for proper attire, and other rules related to your receipt of Services or access to the Zen Om Studio location are subject to change.

9. GIFT CARDS

Purchasing a gift card is not the same thing as purchasing a membership or a prepaid package for Services. Gift cards are subject to their own terms and conditions, as may be posted on the gift card itself. Your use of Services purchased through a gift card will still be subject to these Terms.

10. PETS

Please note that our studio currently only provides localized cryotherapy for pet dogs and will require the owner to be present during the session.

This service is currently by appointment only to ensure we provide the utmost comfort for your dog, you and our other clients.

The Zen Om Team does not diagnose disease nor practice veterinary medicine. Pet Localized Cryotherapy is a general wellness treatment.

11. LOSS OF PROPERTY

We are not responsible for the disappearance, loss, theft or damage to personal property you bring to a Zen Om Studio location or the surrounding premises (which includes parking garages). You are encouraged to leave any valuables at home.

12. RETAIL

All retail food and beverage products are final sale and not subject to a refund or exchange. Merchandise may be returned or exchanged within seven (7) days of purchase so long as the item is unworn, unused, not damaged and presented in its original condition. All returns for merchandise must be completed at the Zen Om Studio where their item was purchased.

13. PREPAID SERVICES

Members and Guests can purchase Services in prepaid packs. Packs for Services are unique to you and cannot be transferred to someone else without our express permission. Prepaid packs, once purchased, are non-refundable. Packs for Services can only be redeemed at the Zen Om Studio location where they are purchased. Packs for Services will automatically expire 12 months from their date of purchase. Pack credits not redeemed within this 12-month period will be considered forfeited and waived; no refund will be issued for unused services.

14. MEMBERSHIPS

Any membership plan for Services will be subject to the following terms and conditions:

  • By signing up for a membership plan, you acknowledge that your membership will continue to automatically renew each month until you properly cancel or we terminate your Agreement.
  • You will be charged membership dues on a recurring basis. This means we will continue to bill you in the same amount each month and that in exchange for each successful payment, we will allocate to your account the same number of credits each month which you can redeem for Services. The amount of your monthly membership dues, and the number of allocated credits, will be listed in your membership plan.
  • We make canceling memberships very easy. You have a right to cancel your membership at any time provided you give us a 30-day advance written notice. You have the ability to cancel your membership through a variety of channels, including in-person, by mail, or online (through the Site).
  • Once you have provided your notice of cancellation, you will continue to have the right to redeem any unused services associated with your account through the end of your final billing cycle (generally within 30 days from the date you submitted your cancellation notice).
  • Any services that remain unused at the expiration of your final billing cycle will be considered forfeited and lost. We do not issue refunds for unused services.
  • A membership freeze may be granted in our sole discretion. To be eligible for a membership freeze, your account must be active and in good standing. If we permit a membership freeze, then billing on your account will be temporarily stopped until such time as the membership freeze is lifted, at which time billing in your account will resume as normal. We reserve the right to lift a membership freeze at any time.
  • All membership plans will be subject to a three-day right of rescission. This means that if, for any reason during the three-day period after you have purchased your membership, you decide you do not want the membership and would rather cancel for a refund, you can provide us with notice and we will cancel your membership without penalty. Please note that any refund issued will be reduced by the value of any Services received during the three-day rescission period.
  • Your membership is unique to you and cannot be transferred to someone else without our permission.
  • Unless otherwise noted, services associated with a membership plan can only be redeemed at the Zen Om Studio location where the membership was sold.
  • We reserve the right to increase the price for memberships annually. We will use reasonable efforts to provide you written notice of a membership price increase at least 30 days prior to any price increase taking effect.
  • We may occasionally need to close various pieces of equipment for repair or maintenance. While equipment is closed for repair or maintenance, you will not be entitled to a service or refund during this time.
  • YOUR CONSENT TO AUTOMATIC RENEWAL: IF YOU ARE A MEMBER, THEN YOU ACKNOWLEDGE, CONSENT, AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW EACH MONTH UNTIL YOU PROPERLY CANCEL THE MEMBERSHIP OR WE TERMINATE YOUR AGREEMENT. AUTOMATIC RENEWAL MEANS WE WILL CONTINUE TO CHARGE YOU FOR THE MEMBERSHIP UNTIL YOU CANCEL THE MEMBERSHIP OR WE TERMINATE YOUR AGREEMENT. IN ORDER TO PROPERLY CANCEL YOUR MEMBERSHIP, YOU MUST PROVIDE US WITH A 30-DAY WRITTEN NOTICE.

15. YOUR ACCOUNT

You will be responsible for all activity under your account. Please keep your log-in credentials and passwords secure, and do not share them with a third party. It will be your responsibility to keep the billing profile associated with your account accurate and up-to-date. You must keep a valid method of payment on file at all times. Currently, accepted methods of payment include debit or credit cards (including VISA, MasterCard, and American Express). Unless otherwise noted, all prices for Services will be listed in U.S. dollars. We only accept payment for Services in U.S. dollars. Please note that to book an appointment for Services, you will need to provide us with a valid credit card.

16. PAYMENT AUTHORIZATION

By receiving Services, you expressly authorize the Zen Om Studio listed in your Agreement (which, for purposes of this payment authorization, shall also include the Zen Om Studio’s authorized third-party payment service providers) to seek payment of all fees, charges or other amounts due under the Agreement on or after each payment due date by charging the payment method on file. You acknowledge that a charge may not immediately be posted to your card. If you have provided us with multiple payment cards, and in the event that payment from one card fails, you authorize us to attempt to collect the payment by initiating one or more payment attempts to any additional payment cards that you have provided. If any payment subject to this authorization is returned unpaid and a valid card is not provided within ten (10) days after the regularly scheduled date for payment, we may exercise any and all rights available to us, whether under these Terms or under applicable law, which may include, but are not limited to, suspending your membership, denying Services, terminating your Agreement and/or assessing a late fee. You understand that your financial institution may charge you a fee in addition to any service charge you may owe us if any payment authorized above is dishonored or returned unpaid, and you agree that we will have no liability regarding such fees. You may revoke this payment authorization in person, by calling us, by sending us an email, or by mailing a letter with enough notice to give us a reasonable opportunity (typically three business days) to act on your request. If you revoke this payment authorization, you will still be responsible for paying any amounts that you may owe under the Agreement. If you default on any payment obligation, we shall have the right to declare the entire remaining balance due and payable immediately, and shall have a right to seek, in addition to the amounts you owe under the Agreement, our reasonable attorneys’ fees and costs associated with any collection on your account.

17. RIGHT TO DENY SERVICES

We reserve the right to deny Services, to terminate your membership, or to restrict (or to completely bar) access to any Zen Om Studio location for any reason not expressly prohibited by law.

18. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites or mobile applications (collectively, “Third Party Websites”) as well as photographs, articles, text, graphics, designs, music, video, information, applications, software, and other content or items belonging to or originating from such third parties (“Third Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site, or any Third-Party Content posted on, available through, or installed from the Site. Links on our Site to such Third-Party Websites or Third-Party Content does not imply any endorsement, ownership, control, authorization or sponsorship by us of such Third-Party Websites and Third-Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any website or mobile application to which you navigate from the Site. Any purchase you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever with respect to such purchases which are exclusively between you and the applicable third party. By using our Site, you expressly release us from any and all liability arising from Third Party Websites and Third-Party Content.

19. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE (AND ANY CONTENT OR INFORMATION CONTAINED ON IT), OR ANY SERVICES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE (AND ANY CONTENT OR INFORMATION CONTAINED ON IT), OR ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE INDEPENDENTLY OWNED AND OPERATED ZEN OM HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, THE APP (AND ANY CONTENT OR INFORMATION CONTAINED ON ANY OF THEM), OR ANY SERVICES EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT. THE INDEPENDENTLY OWNED AND OPERATED ZEN OM DOES NOT WARRANT THAT THE SITE (AND ANY CONTENT OR INFORMATION CONTAINED ON IT), OR ANY SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE (AND ANY CONTENT OR INFORMATION CONTAINED ON IT) WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE INDEPENDENTLY OWNED AND OPERATED ZEN OM STUDIO OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND, THEREFORE, IN SUCH INSTANCES, THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE.

20. LIMITATION OF LIABILITY

IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FOR YOUR USE OF THE SITE (AND ANY CONTENT OR INFORMATION CONTAINED ON IT) OR ANY SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO CEASE USE OF THE SITE OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) your use of the Site; (b) your breach of the Agreement, including, without limitation, these Terms; (c) your violation of the rights of a third party, including, without limitation, intellectual property rights; (d) your violation of any applicable law, rule or regulation; (e) any overt harmful act toward any other Member or Guest, or user of the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

22. DISPUTES

If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact Zen Om Studio directly with any dispute, either in person or at the Zen Om Studio’s email address.

23. COURT

The sole and exclusive venue and jurisdiction for any dispute with ZOS resides in the Superior Court in Hudson County, New Jersey unless otherwise agreed to in writing by ZOS.I expressly consent to the exercise of personal venue and jurisdiction in such court in connection with any dispute with ZOS arising from ZOS Services.

24. ELECTRONIC COMMUNICATIONS & SIGNATURES

By receiving Services, you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Site. You hereby waive any right or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by any means other than electronic means.

25. GOVERNING LAW & VENUE

The Agreement shall be interpreted under the laws of the state of New Jersey, without reference to the choice of law principles of any jurisdiction.

26. GENERAL PROVISIONS

The Agreement, including these Terms and any applicable Studio Rules, constitutes the entire agreement and understanding between you and us, as supplemented by your Membership Agreement, membership receipt (if you are a member), Privacy Policy, and Liability Waiver (if you are a member or a Guest). Our failure to exercise or enforce any right or provision of the Agreement (including, without limitation, these Terms) shall not operate as a waiver of such right or provision. The Agreement (including, without limitation, these Terms) shall operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time without your permission. We shall not be responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of the Agreement (including, without limitation, these Terms) is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Agreement and does not affect the validity or enforceability of any remaining provisions. Where context requires, the singular shall include the plural, the masculine gender shall include the feminine and neuter gender, and “and” shall also include “or.” There is no joint venture, partnership, employment, or agency relationship created between you and us as the result of your use of the Site or any of the Services. You agree that the Agreement (including, without limitation, these Terms, will not be construed against us by virtue of having drafted it.