TERMS AND CONDITIONS, WAIVER AND DISCLAIMER

Welcome!

The material appearing on this website https://learn.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.


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


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.

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:

modify or copy the materials;

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

transfer 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. 

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

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 is for informational and educational purposes only. What we share is the opinion and perspective of Consider Yoga.  The information and education is not intended or implied to supplement or replace professional advice. Before taking any action, please make sure you consult with a professional.

No Guarantees. We make no guarantees about any particular results or benefit that you’ll get from our Site or our 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.

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.

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.


Governing Law. Any claim relating to Consider Yoga’s Site shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions.


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.


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 in the State of Oregon (18 years old), 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 and exercise 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”):


stretching and flexibility training in the form of yoga poses, body weight and strength exercises, breath work, meditation and relaxation. The constant in all of these classes is that the activities involve breathing and movement in slow, mindful yoga poses.


The Activities also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Consider Yoga’s facilities, including outdoors. We need you to acknowledge that you are responsible for the safe facilitation of the Activities happening outside of our facilities.

 

  1. Equipment. In the course of the Activities, you will use a variety of equipment, which may include but is not limited to: blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls (the “Equipment”). If you are using miscellaneous items at home to substitute for recommended Equipment, please make sure you are picking suitable and safe equipment. Please note that Consider Yoga is not responsible for any injuries that might occur from your choice in Equipment.


  1. Inherent Risks. You understand that participating in the Activities poses inherent risks, some more obvious/serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death.


Injuries include but are not limited to things like muscle tears, strains, rhabdomyolysis and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness and fainting.


Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or Equipment.


Additional risks of Activities for pregnant or post-natal women to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications. Please note that Consider Yoga is not certified to teach pre-natal or post-natal yoga.


Additional risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to do.


Other risks posed for Activities performed outdoors, such as tripping or collision with human or natural elements, sun exposure and risk of dehydration, insects, exposure to infections, diseases, pollutants as well as other environmental factors. You understand and agree that it is your responsibility to ensure a safe space/environment to perform the Activities.

 

  1. 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.


  1. COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in the Activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If at any point within 14 days prior to participating in any of the Activities, you have suffered from symptoms of a communicable disease (including but not limited to fever, chills, cough, shortness of breath, or sore throat), been in close contact with someone with a known or suspected case or in a hot spot area, or else are uncertain of your health or risk of transmission, you agree not to join or participate in the Activities and you should consult with your doctor. You agree to update us regarding your health or risk factor and to comply with all measures and policies implemented by Consider Yoga and applicable public health guidelines (federal, state/provincial, local, CDC and others) as updated, including but not limited to wearing masks, personal hygiene and social distancing, and allowing your temperature to be checked before arriving on the premises or relevant practice space. We are all in this together and it is important to follow guidelines, act responsibly and with care towards one another in order to ensure everyone’s safety!


Consent to Cooperate with Contact Tracing. You understand and agree that Consider Yoga may disclose your personal information to the relevant authorities as required by law and policies related to the containment of COVID-19 through contact tracing or for other lawful purposes.

 

  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. Media Release. We think you’re awesome and want to show you off! By being a student with Consider Yoga, you agree to grant us the irrevocable right to use your image, likeness, photos, video content, audio recordings captured of you on the premises or participating in the Activities or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to such use. Please let us know If you ever want us to stop using an image of you.

 

  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 of any personal property you bring or leave with Consider Yoga.


  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 are 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!