Last updated: June 1, 2020
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Hot Yoga Asheville cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Hot Yoga Asheville customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Hot Yoga Asheville with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Hot Yoga Asheville to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Hot Yoga Asheville will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Hot Yoga Asheville, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Hot Yoga Asheville will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable. We will evaluate occasional refunds with unique situations on a case-by-case basis.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
Hot Yoga Asheville has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Hot Yoga Asheville or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You understand that participating in the Activities (Yoga, Workshops, Tutorials, etc on our virtual platform) 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 and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, dehydration, dizziness and fainting. There are 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 perform.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Hot Yoga Asheville
Hot Yoga Asheville has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Hot Yoga Asheville shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Colorado, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Hold Harmless Agreement
In consideration of, and as an inducement to, my enrollment and payment of fees to become a student of Hoy Yoga Asheville, hereinafter referred to as “HYA”, I represent and agree to the following:
1. I, hereinafter referred to as “I” or “Student”, have been examined by a licensed physician within the past 6 months and been found by such physician to be in good health and fully able to perform Yoga exercises, which I am to learn and perform during my subscription to HYA.
2. I will faithfully follow all instructions given to me by HYA Certified Instructors as to when and how to perform and not to perform Yoga exercises. I understand the practice of Yoga and group exercise activities may expose me to the risk of personal injury, disease, or death and I knowingly and willingly assume such risk.
3. I understand and agree that I will receive instruction in Yoga theory and exercise only and that I hold harmless HYA, its employees, officers, directors, and contract trainers for any personal injury, including but not limited to bodily injury, disease, disability, death, humiliation, or consequential loss of any kind arising out of my participation in any HYA class, event, or activity. I also understand that not all exercises are suitable for everyone, and to reduce the risk of injury, I will never force or strain during exercise, and will consult a physician immediately upon experiencing any pain or discomfort.
4. In the event that I am pregnant, I will not participate in any of HYA’s classes or activities until I have discussed the potential risks to me or my unborn child/fetus with my obstetrician. I agree that I will follow my obstetrician’s recommendations and on behalf of myself, my heir, spouse or other interested party hold harmless HYA for any possible injury to myself or my unborn child/fetus. I further acknowledge that pregnant women should not practice twists or any abdominal tightening poses.
5. Student acknowledges that any content hosted on HYA is fully protected under the laws of copyright and trademark, and any unauthorized duplication, exhibition, distribution of HYA content, or any part thereof, without prior written consent is strictly forbidden by law, including United States federal law, and that violators will be prosecuted to the maximum extent of the law.
6. I acknowledge and hereby affirm that I am at least 18 years of age.
7. Any provision not in conformity with the law of any state or governing body having jurisdiction is hereby severed from this contract and the remaining provisions remain enforceable. Student agrees that any dispute regarding this Agreement will be first tendered by the parties to a member of The American Arbitration Association for resolution prior to filing any lawsuit. Student also agrees, failing a successful arbitration effort, any suit to be tendered will be filed in and under the laws of the State of Colorado.
If you have any questions about these Terms, please contact us.