TERMS AND CONDITIONS AND WAIVER

 

Welcome!

The material appearing on this website https://www.consideryoga.com (this “Site”) is provided as information about Consider Yoga’s business, community, and people, and as a platform for online connection. The owner of this Site, Consider Yoga and its directors, agents, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on the Site or material linked to this Site.

 

Any information on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion. By using this Site, you accept and agree that following and using any information or recommendation provided on this Site is at your own risk. 

 

TERMS AND CONDITIONS

 

Please read the following carefully! Your access to and use of this Site is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site.

 

The following terms and conditions (“Terms and Conditions”) form a binding agreement (this “Agreement”) between you and LS Education Enterprises, LLC, a  Limited Liability Company operating out of the State of Oregon  (“Consider Yoga”). Consider Yoga may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions.

 

  1. Copyright. United States copyright laws protect all materials created by Consider Yoga on the Site as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Consider Yoga. 

 

2. Links to Third-Party Websites. This Site may contain links to third-party websites. All such linked sites, materials and pages are not under the control of Consider Yoga and Consider Yoga is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third party website. Consider Yoga accepts no liability for any errors or omissions contained in third-party websites. These links are provided to improve your use of this Site, enable you to connect with Consider Yoga on various platforms, help Consider Yoga offer the easiest services for you and conduct transactions. 

 3. Use License. If Consider Yoga has materials on the Site which you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:


3.1 Modify or copy the materials;

3.2 Use the materials for any commercial purpose or any public display (commercial or non-commercial);

3.3Transfer the materials to another person or “mirror” the materials on any other server.

 

      This license shall automatically terminate if you violate any of these restrictions, and may be terminated by Consider Yoga at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format. 

4. Refunds. Our refund policy for any of the services or products sold on the Site is as follows: All sales are final. 

 

5. Disclaimer. Our goal is to share information in an informative, open, and honest way. That being said, any information and services provided on or through the Site are for informational and educational purposes only. What we share is the opinion and perspective of Consider Yoga.  The information and education are not intended or implied to supplement or replace professional advice. Before taking any action, please make sure you consult with a professional. 

 

6. No Guarantees. We make no guarantees about any particular results or benefits that you’ll get from our Site, our products or services. We will do everything to give you the tools to succeed, but we make no guarantees. We cannot be any more clear about this: we make no promises regarding results and make no guarantees whatsoever. 

 

7. Site Terms of Use Modifications. Consider Yoga may revise these Terms and Conditions for its Site at any time without notice. By continuing to use the Site after Consider Yoga modifies this Agreement, you are agreeing to be bound by the updated version of this Agreement.

 

8. Limitation of Liability. In no event shall Consider Yoga or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site, even if Consider Yoga has been notified orally or in writing of the possibility of such damage. 

 

9. Choice of Laws and Venue. The parties agree to irrevocably submit all claims relating to Consider Yoga’s Site to the exclusive jurisdiction of the courts of the State of Oregon without regard to its conflict of law provisions.

 

10. Indemnity. As a condition of your use of this Site, you indemnify Consider Yoga and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.

 

11. Entire Agreement. These Terms and Conditions and any other legal notices, policies and guidelines of Consider Yoga linked to these Terms and Conditions or contained on this Site constitute the entire agreement between you and Consider Yoga relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Consider Yoga. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Failure by Consider Yoga to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right. Paragraph headings are for reference only.

 


 DISCLAIMER

 

This Disclaimer (the “Disclaimer”), in concert with LS Education Enterprises, LLC and its subsidiaries and affiliates (collectively, “Consider Yoga”) Terms and Conditions and Privacy Policy determine the rules of how you can use https://learn.consideryoga.com (the “Site”) and any of Consider Yoga’s social media profiles, and how you access our content and services, either as a paying customer or simply a website visitor.

 

  1. Qualifications. Consider Yoga and its operators hold the following qualifications and professional certifications related to Consider Yoga: PhD in Linguistics and Certified Yoga Teacher (CYT). Consider Yoga makes no representations to hold any other qualifications or representations outside of this.
  1. Not Professional Advice. Nothing shared on this Site by Consider Yoga is professional advice. This is simply a compilation of content and services that Consider Yoga is providing. Consider Yoga and its services are not a substitute for professional advice or diagnosis. Please seek professional advice before engaging with our services and clearly understand that Consider Yoga’s services are not a substitute for professional advice.

 

  1. Social Media. This Disclaimer applies to Consider Yoga’s Site, content, services, and all social media. Specifically: https://learn.consideryoga.com.
  1. No Guarantees. You understand that Consider Yoga makes no guarantees whatsoever regarding any results based on any action or inaction based on the information we share or services we provide through the Site. At the end of the day, we will not be responsible or make any promises for what will happen in your life and health.
  1. Intention. The intention of the information we share and post on the Site is for informational and promotional purposes only.
  1. Not a Client. By accessing and using the Site, there is no client-professional relationship created between you and Consider Yoga. You will only be a client once we enter into an agreement regarding the services or when you sign a contract that we send to you, thereby officially creating a professional-client relationship. We hope to work together with you soon, but until we sign an agreement together, you are not a client. By continuing to use the Site, you acknowledge that for the moment, we are just pals.
  1. Mistakes. We try our best. We really do. All of the content we put on the Site is intended to be as accurate as possible and to be as helpful as possible in providing you our content and services.  But we ask you to understand that not everything we include on the Site may be accurate or entirely true. Of course, we’ll never intentionally mislead you and we can only try our best. As such, we ask you to take the information on the Site with a grain of salt, not to rely entirely on what we share, and accept that some of our content may be incorrect. Again, if you have any issues with this, you are always welcome to stop using the Site.
  1. No Warranties. Consider Yoga makes no promises that the Site or third-party programs we use to offer our services and products will always be operational. If something goes wrong, obviously, we’ll do everything we can to fix it ASAP. We also make no representations or warranties of any kind around any of the content we produce or share on the Site. To the maximum extent permissible by State of Oregon laws, Consider Yoga disclaims all warranties regarding all information, products and services offered on or through the Site.
  1. Reach Out. Please feel free to connect with Consider Yoga to ask us any questions. All communications should be directed to [email protected].

 

 

WAIVER AGREEMENT

Why You’re Reading This Document

The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks of practicing yoga together, either in person or online, and have you release Consider Yoga of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any classes. 

 

If you are under the Age of Majority, your legal guardian must also sign this Waiver on your behalf. 

 

PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER.  BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.

 

  1. Parties. We will refer to LS Education Enterprises, LLC, a Limited Liability Company registered in the State of Oregon, as “Consider Yoga”, “us” or “we”  or “our”, and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.

 

  1. The Activities. You may participate, in person or online, in yoga classes, sessions, programs, workshops and more with Consider Yoga. We offer various levels of safe and supportive yoga, including slow, mindful yoga, all of which may involve but are not limited to the following (“Activities”): 

 

2.1 Our classes focus on mindful breathing and movement through a blend of yoga poses, bodyweight exercises, and strength training. We incorporate breathwork, meditation, and relaxation to improve your stretching and flexibility.

2.2Classes dedicated to those undergoing or who have completed treatment for cancer. Gentle movements to assist with mobility as well as emotional healing. 

2.3. Classes designed to help you build specific qualities to navigate today's fast-paced society and our political landscape, which both require resilience and resistance.  We'll work with you to develop your resistance, empowering you to stay centered and strong.

2.4 These terms apply to any of our classes you participate in online (whether live-streamed or recorded) or in any location outside our facilities, including outdoors. You acknowledge and assume all responsibility for ensuring your own safety during these activities.

 

  1. Equipment. In the course of the Activities, you may use a variety of equipment, which could include but is not limited to blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls and chairs (which may include folding chairs)       (the “Equipment”). Please do not use any equipment not instructed by Consider Yoga. You understand that while we will do everything to reasonably maintain the equipment, it is possible that the equipment may break or fail, and the risks of any such failure may result in the risks outlined below.

3.Please note that we may add new and different Equipment in the future to provide the Activities which will be of a similar nature to the Equipment listed above. You accept the risk of any future and similar related Equipment you may use in the future to participate in the Activities.

 

  1. Inherent Risks. You understand that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.

 

4.1 Risks of physical injury may include, but are not limited to, muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms and PTSD. 

4.2 There is also a risk of exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and the use of shared space, surfaces, or equipment. 

 

4.3 If you are pregnant or post-natal, as with any physical activity, there are additional risks to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications. 

 

4.4Participating in the Activities online poses risks, as there is no in-person supervision or space provided. You will, therefore, need to ensure the safety of the Activities by using your judgment on how to best practice them, not pushing yourself too far and not attempting anything you feel unsure how to perform.

4.5 If the Activities are being performed outdoors, there are additional risks such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants, and other environmental factors. You understand and agree that it is your responsibility to ensure a safe space and environment to perform the Activities.

4.6 We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all. 

 

  1. Home Studio. In-person classes at Consider Yoga may be operated from a private home environment. Accessing a private home includes the potential of uneven paving and/or paths, stairs and steps with and without railings, an unenclosed swimming pool and/or hot tub, plants that may cause allergic reactions and insects associated with those plants, including bees, and the potential of encountering pets that may be unpredictable and may also cause allergic reactions. These are all risks you should be aware of, and you agree to release Consider Yoga from any liability associated with these risks. 
  2. Consent To Emergency Care. While Consider Yoga will always make every effort to contact parents/guardians or the nominated emergency contact person.       If this is not possible, you hereby authorize Consider Yoga to take the necessary steps to get emergency medical attention. Consider Yoga will not be liable for any medical expenses incurred by students. 
  3. Affirmation of Health. By participating in any Activities with Consider Yoga, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to practice the level of yoga that is appropriate for you and your body, being aware that this level might vary from day to day. advanced level yoga, including yoga in heated conditions. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.
  4. Digital Protection & Cybersecurity. You acknowledge and accept the potential risks associated with our use of digital platforms, electronic communications, and data storage. While we take reasonable measures to protect your personal information and ensure cybersecurity, we cannot guarantee absolute security. You agree to release us from any liability for any indirect, incidental, consequential, or punitive damages or losses arising from unauthorized access, data breaches, cyber or malware attacks, or other digital security incidents. Please consult our Privacy Policy. 

 

  1. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Consider Yoga. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the classes with Consider Yoga illustrates your voluntary engagement and assumption of the risks of the Activities.   

 

  1. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against LS Education Enterprises, LLC, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of Consider Yoga’s negligence, during your participation in the Activities with Consider Yoga. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.   

 

  1. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing classes, sessions and/or workshops, whether in person, online, or via video conferencing tool. 

 

  1. Valuables. You agree that we are not responsible for the loss or damage to any personal property you bring or leave at Consider Yoga. 
  2. Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled exclusively by binding arbitration conducted in the State of Oregon or through such other arbitrator as mutually agreed upon by the parties. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award, to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.

 

  1. General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the State of Oregon. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only, and none of the content in the headings is intended to be legally binding. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement. 

 

 

You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms. 

 

 

 

Thank you for communicating honestly with us. We look forward to enjoying yoga together!