Release, Waiver of Liability and Participation Agreement (“Agreement”)
 

The following definitions apply to this Agreement:

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• “Agreement”: this agreement titled as “Release, Waiver of Liability and Participation Agreement”.

• “Studio”: Milauni Nagar DBA Santosha Yoga Studio and associated people including but not limited to part-time or full-time contractors, employees, volunteers, yoga instructors, special invited guests (like outside yoga instructors, consultants, etc.), support staff, management, owners, partners, etc.

• “Online Tools”: 3rd party tools and services providers offering video conferencing, webcast, webinar, e-learning capabilities, such as Zoom, Facebook Live, Google Hangout, Vimeo, Live Stream, or other service providers with similar capability.

• “Yoga Classes”: yoga classes offered in-person or online (via Online Tools) that may be done live or made available as on-demand limited duration recordings part of previous yoga classes or separate recordings (audio and/or video) that could include but may not be limited to warm-ups, stretches, cardio, muscular tension release or other exercises, yoga asanas, breathwork exercises, meditation, rest, wisdom discourses on scriptures or other topics, etc.

• “Activities”: activities including but not limited to events done exclusively for an individual or events done in a group specific to health and wellness like follow-up sessions, unique breathing exercises, meditations, special or customized yoga or exercise routines, nutrition consultations, Ayurveda therapies or diets, detox or other type of diets, etc.

• “Associated Parties”: parties including but not limited to businesses, non-profit organizations, independent consultants, etc. that offer similar or complementary Yoga Classes and/or Activities to the Studio. 

• “Social Media Platforms”: social media platforms including but not limited to Facebook, Instagram, Twitter, WhatsApp, the Studio website (santoshayogastudio.net), other websites, text messaging or other messaging services, etc. 

• “Individual Profile”: personal info about an individual including but not limited to: name, email, phone number, job profile, title, website, feedback or experiences (voice, audio, written, and/or video), photographs and/or videos taken or recorded during and/or outside of the Yoga Classes and/or Activities, etc. via the Studio and/or Associated Parties.

 

If you use the Studio website (santoshayogastudio.net) and/or participate in any of the Yoga Classes and/or Activities directly or indirectly organized, offered, recommended or marketed by the Studio and/or Associated Parties, then you fully agree to the following terms and conditions, and any changes or updates or replacements of these terms and conditions:

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I certify that I am at least 18 years of age or older. I understand that I may receive information, explicit or implied instructions (that may be verbal, written and/or visual), generic guidance, and/or visual cues while participating in Yoga Classes and/or Activities via the Studio and/or Associated Parties. I understand that as is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. I understand that any benefits derived from the Yoga Classes and/or Activities depends upon the extent of my participation.

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I understand that the Yoga Classes and/or Activities via the Studio and/or Associated Parties are not a substitute for medical attention, examination, diagnosis or treatment. I affirm that I am solely responsible to decide whether to participate in the Yoga Classes and/or Activities via the Studio and/or Associated Parties. I understand that I should consult with my physician before beginning any type of Yoga Classes and/or Activities via the Studio and/or Associated Parties. I represent and warrant that I am physically fit, and I have no medical condition that would prevent my full participation in the Yoga Classes and/or Activities via the Studio and/or Associated Parties. I agree to disclose any relevant health conditions to the Studio before participating in any Yoga Classes and/or Activities. I knowingly, voluntarily, and expressly agree to accept full responsibility for any and all injuries or illnesses, damage or liability, known or unknown, loss, and assume the risk for my use of or participation in any and all Yoga Classes and/or Activities with the Studio and/or Associated Parties. I hereby specifically agree to indemnify, hold harmless, release and discharge the Studio from any and all claims for any type of injury, illness, medical treatment, expenses and compensation for damage to myself and/or property, other costs, other damage or loss or liability, temporary or permanent disability, death, which may result from my participation in Yoga Classes and/or Activities via the Studio and/or Associated Parties. I, my heirs, personal or legal representatives, irrevocably covenant not to sue & forever release, waive & discharge any other claims of any kind whatsoever against the Studio, whether caused by any act, failure to act, negligence or otherwise.

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I acknowledge that I am not authorized to release the contents of any Yoga Classes and/or Activities or any parts thereof provided to me online, electronically, verbally or in person by the Studio and/or another participant to any 3rd party without the prior written authorization of the Studio (which can be requested for by sending an email to: info@santoshayogastudio.net). I confirm that the Studio’s Yoga Classes and Activities material, format and exercises constitute private and confidential information and I will not share this information with or teach this information to others except with the prior written permission of the Studio (which can be requested for by sending an email to: info@santoshayogastudio.net).

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I acknowledge that the Yoga Classes and/or Activities may be conducted by the Studio and/or Associated Parties by Online Tools. I hereby confirm and acknowledge that I understand how to use the Online Tools and the risk of using these platforms. I understand and agree that the Studio and/or Associated Parties is not the proprietor or in any way responsible for the proper functioning and management of the Online Tools being utilized. In view thereof, I agree not to hold the Studio liable or responsible for any breach of privacy policies or regulations under the relevant law, any security vulnerability or any unintended inherent flaw in the software code of the Online Tools being utilized by the Studio and/or Associated Parties.

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I understand that any links or access codes or Yoga Class membership package coupon codes shared with me for accessing the Yoga Classes and/or Activities via the Online Tools is limited to my personal use and I will not share them with any 3rd party (including other participants of the Yoga Classes and/or Activities). I shall also refrain from taking and/or sharing photographs and/or screenshots and/or video recordings of other participants during the Yoga Classes and/or Activities without obtaining their prior written consent.

 

I understand that I am likely to be contacted periodically via phone, email, or Social Media Platforms by the Studio and/or Associated Parties specific to the Yoga Classes and/or Activities for various purposes including but not limited to: asking me to share feedback on existing products or services, asking me to share my experience on Social Media Platforms, receiving information, promotions, or recommendations to participate in current and new products or services, etc.

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I understand that I will be required to be on camera during the Yoga Classes and/or Activities via the Studio and/or Associated Parties. I grant the Studio unrestricted rights to use my Individual Profile for promotional, educational, or other purposes related to its activities or those of Associated Parties. I understand that my Individual Profile may be used in online, print, broadcast and Social Media Platforms for educational and/or promotional purposes and/or to advance the purposes of the Studio and/or Associated Parties around the world and/or to be shared with Associated Parties to receive information, promotions, recommendations via the Associated Parties. If I wish to withhold or withdraw this grant of rights, I may do so by writing to the Studio a letter that will be required to be submitted to the Studio via email to: info@santoshayogastudio.net. In the event the Studio receives such a letter via email, the Studio will make best-efforts to not use my Individual Profile on future posts on Social Media Platforms and not share my Individual Profile with Associated Parties no earlier than 2-weeks after the receipt of the letter via email. I understand that the Studio will not remove past posts on the Social Media Platforms prior to the receipt of the letter via email.

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I understand the following with respect to scheduling, cancellations and refunds policy:

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• Yoga Classes and/or Activities via the Studio and/or Associated Parties may be rescheduled, changed or cancelled without any prior notice to me due to unavailability of the main instructor or substitute instructor, or any other reason whatsoever.

• The Studio at its sole discretion may change the pricing of current Yoga Class membership packages, offer different Yoga Class membership packages or promotions to existing or new individuals. The Studio will be the final decider if the Yoga Class membership package(s) I previously signed up for will be readjusted to the new pricing or not. 

• All types of the Yoga Class membership packages via the Studio are non-transferable to another person or to a future time-period outside of the specific duration of the Yoga Class membership package that I sign up for. 

• Single (one) month Yoga Class membership package for any specific month that I sign up for is non-refundable and non-transferable to another person or to a future time-period.

• Cancellations and refunds for the two-month or three-month or greater Yoga Class membership packages: all cancellation requests need to be made in writing to the Studio via email to: info@santoshayogastudio.net. All refunds will be subject to $20 processing fee in addition to a full price of $49/month used Yoga Classes. No partial refunds will be given for any unused portion of the month. Below scenarios are provided for reference only: for example, if I signed up for a three-month Yoga Class membership package from Jun 1st – Aug 31st for $129. 

• Scenario #1: My cancellation email to the Studio is received on Jun 30th, then expected refund amount to me will be: $129 - $20 – [$49 (full price for a month) x 1 (for one month)] = $60

• Scenario #2: My cancellation email to the Studio is received on Jul 3rd, then expected refund amount will be: $129 - $20 – [$49 (full price for a month) x 2 (for two months)] = $11 

• The Studio will be sole deciding authority on cancellation and refunds and may use its own discretion on refund amount to me outside of the above if it chooses to do so.

• Remittance to me will be processed by the Studio in approximately 5-15 business days after the receipt of the cancellation email received by the Studio at info@santoshayogastudio.net. The remittance to me will be via Zelle or PayPal or another method at the sole discretion of the Studio.

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This Agreement is governed by the laws of the United States and shall be subject to the exclusive jurisdiction of the Courts in the United States. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision hereof.

 

I understand that this Agreement in whole or in part may change, update as the Studio may deem necessary at any time, and without notice or compensation, even though such actions may affect the Yoga Classes and/or Activities or my participation in such Yoga Classes and/or Activities. The Studio may provide information regarding such matters by electronic means, including posting these materials at santoshayogastudio.net/participation-agreement. It is solely my responsibility to review the then-current Agreement before continuing participation in any of the Yoga Classes and/or Activities. Any changes will be immediately posted at santoshayogastudio.net/participation-agreement and I will be deemed to have accepted the terms of the then-current Agreement on my first use of the website and/or first participation in any of the Yoga Classes and/or Activities following the alterations. The Studio recommends that I check at santoshayogastudio.net/participation-agreement regularly to keep up-to-date with the then-current Agreement.