Terms & Conditions | The Yogi Brain

Agreement to Terms:

Welcome to The Yogi Brain (Yogi Brain),

The Yogi Brain website is designed to provide you with quality yoga classes. The yoga classes include yoga styles such as but not limited to - Hatha, Vinyasa, Yin, Myofascial,Meditation, and Breathwork. Any person under the age of 18 years old will need a parent or guardians’ consent before signing up as a Yogi Brain Member.

As a Yogi Brain Member, you will have access to:

The Yogi Brain platform and all its classes for as long as you are a paying member.

As a Yogi Brain Member, you do not have access to:

Free one-to-one feedback or answers to questions unless a private class/session is booked.
Yogi Brain classes once your membership has ended.
Download classes onto your personal computer.

These Terms & Conditions of Use (this “Agreement”) apply to all the products and services offered by The Yogi Brain.

PLEASE READ THIS TERMS OF USE AGREEMENT VERY CAREFULLY.

Acceptance of Terms

By using the Website, you agree to be bound by this Agreement. If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. The Yogi Brain may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore suggested that you review this Agreement regularly.

Becoming a Yogi Brain subscriber

If you wish to join The Yogi Brain, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are over 18 years old (or have parental consent) to form a binding contract. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on the Website and (b) maintain and promptly update your Registration information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Yogi Brain reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service at any time.

The content on the Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of The Yogi Brain. The Yogi Brain reserves all rights not expressly granted in and to the Website and the Content.

You may access Website and Content as available:

For your information and personal use.
As intended through The Yogi Brain Online Membership Service

Membership

No Sharing. Members of The Yogi Brain may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by The Yogi Brain as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member, you agree to take all actions possible to protect your username and password from fraudulent use.

Fraudulent Use. The Yogi Brain reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.

Memberships are billed monthly. All memberships are renewed automatically until cancelled via The Yogi Brain platform. If membership is terminated due to a violation of this Agreement, The Yogi Brain will not reimburse the Member for the remainder of any paid month, nor will reimbursements be made for membership cancellations prior to any monthly renewal date.

Members may cancel their membership at any time. Membership must be cancelled prior to the renewal date to end membership charges. When you cancel your membership, you will retain access of The Yogi Brain platform until the day before your next payment is due. The Yogi Brain does not refund un-used access.

When you purchase a membership subscription or a single class/workshop, you will be charged at the rate applicable at the time of your agreement including any incurred fees with payment method to subscribe. The rate that you purchase your membership on will remain the same for as long as you have the subscription. If you cancel and then register again as a membership you will pay the new rate with (if applicable).

Health Disclaimers and Personal Responsibility

Physical exercise, in all its forms and with or without the use of equipment (such as blocks, straps or any other equipment that may be suggested by a Yogi Brain teacher), is a physical activity. You are advised to seek the advice of a physician before beginning any physical exercise regimen, routine, and program or using any suggested equipment, shown in any of the video clips on the Website. The Yogi Brain is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are merely a suggestion, the choice to perform the poses, act on instructions or use equipment is a choice made by yourself, as are any negative consequences (including injury; physical, mental, or emotional) of any of the above. Nothing contained in this Website should be construed as any form of medical advice or diagnosis. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be eliminated. Your agreement acknowledges that you understand that in a yoga class you will progress at your own pace. If you experience any pain or discomfort, you will listen to your body, adjust the posture, use yoga props, and ask for support from the teacher. You will continue to breathe smoothly. If at any point you feel overexertion or fatigue, you will honor your body, respect its limitations, and rest before continuing your practice. Yoga is not a substitute for medical attention, examination, diagnosis, or treatment. Yoga is not safe under certain medical conditions and this studio recommends that you consult with a doctor before beginning this or any exercise routine.

By using the Website, you acknowledge that you understand that physical exercise involves (sometimes) strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and workshops via The Yogi Brain, you will not exceed your limits while performing such activity, and you will practice at the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time-to-time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against The Yogi Brain, or any person or entity involved with The Yogi Brain.

Under 18 Years

The Yogi Brain content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to The Yogi Brain you are representing that you are eighteen (18) years of age or older. Any person under the age of eighteen (18) that becomes a Member must seek permission from a parent or guardian and agreeing to the Terms and Conditions positively binds this permission.

Your Member Account, Password and Security

If you register or The Yogi Brain, you will be required to choose a password, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Yogi Brain (darcelsmith@theyogibrain.com) of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Member’s account without prior authorization from The Yogi Brain. The Yogi Brain will not be liable for any loss or damage arising from your failure to comply with this Agreement.

Terminations or Suspension of Account

You agree that The Yogi Brain may at any time and for any reason, including a period of account inactivity, terminate your access to The Yogi Brain Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.

Preservation/Disclosure

You acknowledge, consent and agree that The Yogi Brain may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of The Yogi Brain, its Members and the public

Proprietary Rights

All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by The Yogi Brain. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. No Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without The Yogi Brain’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

Non-commercial Use

The Service may not be used in connection with any commercial purposes, except as specifically approved by The Yogi Brain. Unauthorized framing of or linking to any of the Website is prohibited. Commercial advertisements affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.

Other Sites

Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. The Yogi Brain does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third-party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of the Website does not imply The Yogi Brain’s endorsement of such third-party website. If you decide to access any such linked website, you do so at your own risk.

International Use

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from New Zealand or the country in which you reside.

The Yogi Brain respects your privacy and permits you to control certain aspects of the treatment of your personal information as per The Yogi Brain’s Privacy Policy. A complete statement of the current privacy policy can be found on our Privacy Policy Page.

Terms and Termination

This Agreement shall remain in full force and effect for so long as it is posted on any of the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period. If you purchase one of the One-off Memberships you will only have access for the agreed time frame of 6 or 12 months, there after you will need to re-new your Membership.

The Yogi Brain reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if The Yogi Brain believes that you have breached any of the terms of this Agreement, furnished The Yogi Brain with false or misleading information, or interfered with use of the Website or the Service by others.

When you cancel your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by choosing to re-register as a Yogi Brain Online Member.

Limitation on Liability

In no event shall The Yogi Brain, or its instructors, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (III) any unauthorised access to or use of The Yogi Brain secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Website, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not The Yogi Brain is advised of the possibility of such damages.

Any reference to a person, entity, product, or service on this Website does not constitute an endorsement or recommendation by The Yogi Brain or any of its employees. The Yogi Brain is not responsible for any third-party content on the Website or third-party web page accessed from this Website, nor does The Yogi Brain warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose.

No communication of any kind between you and The Yogi Brain or a representative of The Yogi Brain shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use.

The Yogi Brain reserves the right to remove any material posted on the Website that it determines in its sole discretion is The Yogi Brain of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Website.

Indemnity

You agree to defend, indemnify and hold harmless The Yogi Brain, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.

Website maintenance and availability

While our intention is to always have the website available for use, from time to time there may be planned or unplanned maintenance that disrupts the service. The Yogi Brain will endeavour to schedule planned maintenance at a time most convenient for The Yogi Brain Members. There will be no refunds due to loss of service during planned or unplanned maintenance. The Yogi Brain is not responsible for planned or unplanned maintenance carried out by our hosting provider Blue Host that causes a disruption to service.

General

The Yogi Brain reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

By ticking the box next to “I have read and agree to the website Terms & Conditions” during the Registration process, you are agreeing to the above terms and conditions.

If you have any questions regarding these terms and conditions, please contact us at darcelsmith@theyogibrain.com.

YOGA STUDENT WAIVER

By utilizing The Yogi Brain website and/or signing up to participate in our programs online or in person, I understand that yoga includes physical movements as well as an opportunity for relaxation, stress reduction and relief of muscular tension. Participation in yoga class includes, but is not limited to, participation in meditation techniques, yogic breathing techniques, and performing various yoga postures. Yoga postures (asanas) are designed to exercise every part of the body, toning the muscles, joints, spine and entire skeletal system. Yoga also works on the internal organs, glands and nerves, and incorporates sustained stretching to strengthen muscles and increase flexibility. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be eliminated. My signature acknowledges that I understand that in a yoga class, I will progress at my own pace. If I experience any pain or discomfort, I will listen to my body, adjust the posture, use yoga props, and ask for support from the teacher. I will continue to breathe smoothly. If at any point I feel overexertion or fatigue, I will honor my body, respect its limitations, and rest before continuing my practice. Yoga is not a substitute for medical attention, examination, diagnosis, or treatment. Yoga is not safe under certain medical conditions and this studio recommends that you consult with a doctor before beginning this or any exercise routine.

I acknowledge that participation in yoga classes exposes me to a possible risk of personal injury. I am fully aware of this risk and hereby release The Yogi Brain, its owners, and/or its instructors from any and all liability, negligence or other claims arising from, or in any way connected with, my participation in yoga.

I affirm that I, alone, am responsible for deciding to practice yoga, and hereby agree to irrevocably release and waive any claims that I have now, or hereafter may have, against The Yogi Brain, its owners, and/or its instructors. My signature acknowledges that I shall not now or at any time in the future, bring any legal action against The Yogi Brain, its owners and/or its instructors; and that this waiver is binding on me, my heirs, my spouse, my children, my legal representatives, my successors and my assigns. My signature further verifies that I am physically fit and a licensed medical doctor has verified my physical condition for participation in this type of class. If I am pregnant, become pregnant or am post-natal, my signature verifies that I am participating in yoga classes with my doctor’s full approval. My signature is binding to this liability waiver from this day forth.

AI hereby warrant that I am of full age and have the right to contract in my own name. I have read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents of this document.

This document shall be binding upon me and my heirs, legal representatives, and assigns.

Date last modified: August 11, 2021

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