Terms of Service and Liability Waiver
Updated: December 1, 2020
I. Services
a) Cancellation Policy
i) All sales are final.
ii) No refunds, transfers, exchanges, credits, or exceptions.
b) Prices subject to change.
II. Liability & Release Form
ENGAGING IN YOGA OR ANY PHYSICAL EXERCISE CAN LEAD TO PHYSICAL INJURY. WHEN YOU PURCHASE A MEMBERSHIP OR A SINGLE CLASS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ARE WILLING TO ACCEPT ALL PHYSICAL RISKS ASSOCIATED WITH ENGAGING IN YOGA EDUCATION.
BEFORE ENGAGING IN SUCH CONDUCT, PLEASE CONFIRM WITH YOUR DOCTOR THAT YOU ARE FIT TO ENGAGE IN PHYSICAL EXERCISE. IF YOU HAVE ANY QUESTIONS REGARDING THE POTENTIAL PHYSICAL RISKS WITH ANY EXERCISE OR INSTRUCTION, PLEASE ALSO CONSULT WITH YOUR MEDICAL PROFESSIONALS. LASTLY, PLEASE NOTIFY ME IMMEDIATELY WITH ANY CHANGES OR UPDATES TO YOUR PHYSICAL CONDITION.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. MAKE SURE YOU UNDERSTAND THIS WAIVER.
BY SIGNING UP FOR CLASSES/MEMBERSHIP/EVENTS, YOU UNDERSTAND YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
1) Parties. We will refer to the host as “I”, “me” or “my” and we’ll refer to you as “you” or “your.”
2) The Activities. You will be participating in different types of classes with me that will involve the following types of activities and more (collectively, the “Activities”):
a) Conditioning, poses, breathing, workout, and the use of props such as bolster, blocks, straps, blankets, towels, massage balls, foam rollers, or other equipment used in my classes.
b) The constant movement throughout all of the Activities is that they involve stretching, working out, and performing poses.
c) The Activities may include receiving adjustments me or other instructors subbing for me.
3) Inherent Risks. You understand that participating in the Activities has inherent risks, some of which are more obvious than others. Injuries include, but are not limited to, muscle tears, muscle strains and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, dizziness, nausea, exhaustion, dehydration, and fainting.
a) The content on this site is not intended to prevent, diagnose, or heal medical issues.
b) The risks listed above in Section 3 can result in serious harm and injuries that could change your quality of life and, in rare and extreme circumstances, may even result in permanent disability or death. You will progress at your own pace and will listen to your body. If at any point you feel overexertion, pain, or fatigue, you must assume the responsibility of respecting your body and take a rest.
4) Affirmation of Health. Before participating in any of the Activities, you agree that you have sought medical advice regarding your ability to safely participate in this session. If you have not sought such advice, you must be certain that your medical and fitness levels are sufficient to participate safely in the Activities. At any point, if you do not feel well, you agree to pause your practice and communicate any problems to me and any other instructors.
5) Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with me. Your signature below and your participation in the Activities with me illustrate your voluntary participation and assumption of the risks of doing so.
6) Release, Waiver, and Indemnity.
a) You hereby release the host, its members, executors, employees, contractors, volunteers, representatives, successors, and family members, (the “released parties”), from any claims of loss or damage to your person, or your property, of any nature, however caused including as a result of my negligence, willful misconduct, omissions and/or any action or inaction by me. You agree that these provisions above apply to you, and anyone else who may be able to bring a legal action on your behalf, both now and in the future. If I incur attorney fees in order to enforce this Waiver against you, you agree to reimburse me for the fees.
b) By participating in a session, class, or workshop (live or recorded), you are agreeing to the following:
i) I understand that I have enrolled in a program of strenuous physical activity including, but not limited to, props and equipment used during classes.
ii) I hereby absolve Michele Klink from any responsibility for injuries I might sustain while practicing Yoga or any actions learned with or by Michele Klink.
iii) I hereby release for myself, my heirs and assigns, Michele Klink, from any claims, demands and causes of actions arising from my participation in an exercise program.
7) General Legal Provisions
a) Jurisdiction. This Waiver will be governed exclusively by the laws of the State of California.
b) Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in this Waiver will remain in full force and effect.
c) Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements, promises, or commitments. This Waiver may not be amended, changed, or altered except by another written agreement.
d) Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding.
8) Agreement to this Confirmation and Liability Information. Signing up for classes or memberships will act as your continued agreement to all ensuing sessions and workshops whether In-Person, via FaceTime, online via Zoom or any other video conferencing or live streaming tool.
III. Privacy Policy - refers to the information I collect during your visit on this website.
a) My Privacy Policy outlines how I use the information I collect. While you are on this site, you may be asked to provide your name and email address. Sharing your name and email address is completely optional. Should you choose not to provide your name and email, access to certain activities on my site may not be available to you. Name and email addresses are never shared or sold.
b) If you choose to opt-in to my newsletter, your name and email will be stored by MailChimp, a third-party service I use to manage, create, and send my newsletters. You can read MailChimp’s privacy policy by clicking here. You can unsubscribe from my newsletter at any time simply by clicking the Unsubscribe link at the bottom of my newsletter.
IV. Copyright
a) The use of content, photographs, or intellectual property is not allowable. You may request but must receive written permission.
b) This site features work by photographers who own the rights to the photos you see. There is no stock photography on this site.
V. Recording
a) If you do a LIVE video session and keep your camera on and are recorded, you agree to the following:
i) I understand that I have enrolled in a LIVE video session and that such a session may be recorded for purchase for others. I thus agree that if I turn my camera on during such a session that I consent to the recording.
ii) I hereby absolve Michele Klink from any responsibility for injuries I might sustain by the session being recorded or reproduced and sold and waive any privacy rights or all other related rights.
iii) I thus hereby release for myself, my heirs and assigns, Michele Klink, from any claims, demands and causes of actions arising from my participation in a LIVE recorded video session.
b) All terms and conditions for Cancellation Policy and Liability Waiver information apply to all Recordings. Once registered for recordings, there is a zero-cancellation policy. That means that you cannot cancel your registration for recordings once you have paid for them. There are no refunds or exceptions to this policy.
VI. Login and password access to web platform
a) By purchasing a service, membership, or class, you agree not to share your login and password information and understand that you alone have the right to access the content you purchased.