Apologies in advance for the legalities and liabilities but ‘tis necessary for the protection of all parties.
Programs: Including but not limited to yoga classes, health programs, workshops, and healing arts activities.
Studio: Essential Yoga Studio
Studio Parties: Studio, company and/or associated parents, subsidiaries, affiliates, officers, directors, shareholders, agents, instructors, teachers, employees, independent contractors, attorneys, and representatives.
The undersigned client (“Client”) of Essential Yoga Studio (“Studio”) hereby acknowledge and agree to the following:
1. CANCELLATION/REFUND POLICY
a) The Client may cancel a program reservation with the Studio at least ninety (90) days prior to the applicable start date. Notice of the cancellation must be made via e-mail to firstname.lastname@example.org.
b) In the event a cancellation is accepted, the Client shall be offered a refund of all amounts paid to the Studio (excluding the initial deposit which is non-refundable). However, such a non-refundable deposit may be applied towards a future program offered by the Studio within one (1) year from the date the initial deposit was paid, or as per the Studio's sole discretion.
c) No refunds shall not be given for a cancellation within ninety (90) days before the applicable program start date, or if the Client decides not to attend, or voluntarily leaves the program, for any reason.
d) The Studio reserves the right to cancel any program offered for any reason. In the event of low enrolment, the Client shall be entitled to a full refund. However, if a program is cancelled as a result of an event outside of the Studio's control (i.e. force majeure or emergency), the amount of the refund shall be limited to the amount that the Studio is able to collect from third party vendors that were paid in connection with the program. The Client is not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation including, but not limited to, visa and passport fees and expenses, flight ticket costs, flight cancellation and reservation fees, travel costs, and vaccination costs.
e) The Studio reserves the right to require the Client to leave any program offered by the Studio if the Client engages in disruptive, inappropriate, improper, unethical, illegal, criminal or immoral conduct. In such an event, the Client will not be reimbursed from the Studio.
2. ASSUMPTION OF RISK
a) It is the Client’s responsibility to voluntarily disclose to the Studio any known medical condition or history that could be aggravated by physical activity. In addition, it is the Client’s responsibility to inform the Studio of any changes to any known medical conditions or history while participating in Programs offered by the Studio.
b) The Client acknowledges that physical and mental health is sound and that physical exercise can be undertaken and engaged. The Client acknowledges that programs are not a substitute for qualified medical care and that a physician should be consulted prior to participation in the Programs.
c) The Client acknowledges that there are significant risks inherent in the participation of Programs and there is the potential for property damage, serious injury or even death. The Client assumes full responsibility for the risks including any costs, damages, injuries, accident, or death that may result from participating in the Programs.
d) The Client acknowledges that liability may arise from the negligence or carelessness by the Studio Parties from dangerous or defective equipment or property owned, leased, maintained, or controlled or because of possible liability without fault.
3. NO LIABILITY
a) To the maximum extent permitted by applicable law, in no event will the Studio Parties be liable to the Client, Client’s heirs, executors, administrators, or any third party for any damages, including but not limited to direct, indirect, special, incidental, consequential, or punitive damages, including without limitation, any claims for personal injury or death, regardless of the theory of liability (including negligence of the company parties) arising out of or related to the Programs.
4. WAIVER AND RELEASE
a) In consideration for the Client being permitted to participate in Programs, the Client (and associated heirs, executors, and administrators), fully and forever release and discharge the Studio and Studio Parties from costs, attorneys’ fees, expenses, or legal lawsuits, and equity of claims, including but not limited to claims for property damage, medical expenses, injury or death. This also includes any claims connected with the Client’s participation in Programs, including travel to/or from the Programs, the premises or venue of the Programs, and including injuries incurred before, during, or after the Programs.
b) The Client acknowledges the waiver and release includes any claims based on negligence, action or inaction of the Client, Third Parties, and/or Studio Parties, including but not limited to negligence in the construction, maintenance, and upkeep of any facilities and equipment used by the Studio, negligence in training and/or supervision.
c) By acknowledging this waiver, the Client is waiving valuable legal rights.
a) The Client agrees to indemnify and hold harmless each of the Studio Parties from any loss or liability incurred in defending any claim made by the Client or on the Client’s behalf, including Claims alleging or resulting from the negligence of the Studio or Studio Parties.
a) In the event any provisions of this Waiver of Liability are in violation of, or prohibited by any applicable law or regulation, such provisions shall be deemed as amended or deleted to conform for such law or regulation without invalidating or amending or deleting any of the other provisions of this Waiver of Liability (which shall remain in full force and effect). All provisions of this Waiver of Liability shall be binding on the heirs, administrators, personal representatives and assigns of the Client.
b) These terms and conditions will be construed pursuant to the laws of the Province of British Columbia. The Studio and Client agree that any dispute or controversy arising from this Agreement shall be settled by arbitration to be held in British Columbia, in accordance with the rules of the associated arbitration associations. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. The Studio and the Client shall each pay half of the costs and expenses of such arbitration. Respective counsel fees and expenses are the responsibility of each separate entity.
c) The Studio reserves the right to use photographs or videos for promotional purposes. By making a reservation with the Studio, the Client agrees to allow its image to be used; however, if the Client appears in photographs and videos and prefers that items are not used, the Client must notify the Studio via e-mail before the retreat commences and the media will not be used.
d) The Client acknowledges that any learning materials (including but not limited to manuals) that are provided are confidential and proprietary information, may not be redistributed (including electronic distribution on social media platforms) or recopied, and is for the Client’s personal use only. The Client is not permitted to use such materials at other businesses not part of the Studio (including but not limited to teaching yoga classes, teaching workshops, teaching teacher training programs).
e) The Client and Studio each agree to sign this binding Waiver of Liability electronically pursuant to the provisions of Canada. If the Client has any questions with regards to the process, please contact the Studio.
f) The Client acknowledges that the Waiver of Liability has been reviewed and the contents are fully understood.
g) The Client voluntarily and knowingly agrees to the terms and conditions stated and is aware that by signing this Waiver of Liability, substantial rights are being forfeited (including the right to sue and certain legal rights that the Client, the Client’s heirs, next of kin, executors, administrators, and assigns) may have against the Studio or any Studio Party.