PARTICIPANT'S AGREEMENT AND CONSENT
WAIVER OF LIABILITY:
By engaging in activities provided by 405 YOGA, I willingly assume all associated risks. I acknowledge the physical exertion required and comprehend the potential hazards involved, which may include bodily injury due to physical exertion and the unavailability of immediate medical attention. I am responsible for consulting with a physician regarding my participation in 405 YOGA activities.
In the event of injury, illness, or death resulting from or during activities at or offered by 405 YOGA, I (and/or my heirs) agree not to pursue any claim, lawsuit, or legal action against 405 YOGA, its directors, owners, partners, employees, agents, or contractors. This holds true even if the injury, damage, or death results from negligence or carelessness on their part.
Furthermore, I release and discharge all individuals and entities associated with 405 YOGA, including its directors, officers, partners, employees, agents, or contractors, from any present or future actions, claims, and demands arising from injury, death, or damage incurred during activities offered by 405 YOGA. I acknowledge that this waiver and release apply to me, my heirs, guardians, legal representatives, and successors.
I grant 405 YOGA permission to use photographs, videotapes, motion pictures, recordings, or other records of my participation in its activities for promotional purposes. I understand that registration fees and class tuition, once paid, are nonrefundable.
Having read and comprehended the foregoing, and with all questions addressed satisfactorily, I acknowledge that this document serves as a waiver and release of liability. I willingly agree to these terms, understanding that I am relinquishing specific legal rights of my own accord.
PRIVACY POLICY AND INFORMATION USAGE AGREEMENT:
We understand the importance of your privacy and want to assure you that the protection of your personal information is a top priority. The details below outline the information we may collect, how it is utilized, and your acceptance of the practices described herein when you use our website and/or mobile app.
Data Collection: We collect both personal and non-personal information. Personal information includes data that identifies you individually, such as name, address, phone number, birth date, email address, credit card details, and financial information. Non-personal information, such as domain names and IP addresses, is also collected. The latter reveals nothing personal about you, providing only the IP address from which our site is accessed, along with information about your Internet browser and operating system.
Information Gathering: Personal information is gathered when you provide it directly, such as when making a purchase through our online store or creating an account. Communication with us regarding our website or services also results in the collection of any information provided in such communication.
Usage of Information: Personal information is primarily used for internal purposes, including service provision, maintenance, evaluation, improvement of services, mobile app, and website, order fulfillment, and customer support. Non-personal information is utilized for internal purposes, such as maintaining, evaluating, and enhancing our services, mobile app, and website.
Data Security: Ensuring the security of your personal information is crucial. Sensitive data, such as credit card numbers, is encrypted using secure socket layer technology (SSL). While we implement industry-standard security measures, we cannot guarantee absolute security due to the inherent limitations of online transmission and electronic storage.
Cookie Usage: Yes, we use cookies. Cookies are small data pieces sent from a web server to your browser, stored on your computer’s hard drive to provide a personalized experience. Our cookies do not store any personal information, and accepting them is optional.
Information Disclosure: We do not sell or provide collected information to outside third parties for direct or indirect mass email marketing. However, personal information may be disclosed when required by law or in good faith to cooperate with investigations or comply with legal processes.
Third-Party Websites: This Privacy Policy does not extend to third-party websites accessed directly from our site. We do not control how third parties utilize personal information, so reviewing the privacy policies of such sites is recommended.
Security Safeguards: We are committed to protecting your personal information by implementing reasonable security measures against risks like unauthorized access, use, collection, disclosure, or disposal.
Online Privacy Awareness: Please be aware that voluntarily disclosing personal information online, such as through email or discussion boards, may result in the collection and use of that information by others. Ultimately, you are responsible for maintaining the confidentiality of your personal information when online.
Consent Agreement: By using this website, you consent to the collection and use of information as specified in this policy. Changes to our Privacy Policy will be posted on this page, and it is recommended to review it frequently for updates.
Personal Information Protection Commitment: Under the Personal Information Protection Act, we are committed to safeguarding personal information and providing access to student files upon request. Personal information will only be used for its original purpose unless consent for other uses is given. Information will not be disclosed without the written consent of the employee or student, except in cases where required by law or with a court-ordered search warrant.
Non-Disclosure Assurance: 405 YOGA will not share staff or students’ private information without prior consent or a court-ordered search warrant presented by the police.
CODE OF CONDUCT:
We are dedicated to upholding elevated ethical standards for our yoga teachers. We firmly believe that teachers bear the responsibility of creating a secure environment where students can nurture their physical, mental, and spiritual well-being. Students seek guidance from teachers who embody authenticity, experience, and wisdom. To safeguard our students in this potentially vulnerable relationship and maintain the highest professional standards, we have established a Code of Conduct.
Our Code of Conduct emphasizes that teachers must exhibit deep respect for the moral, social, and religious values of their students. It mandates teachers to refrain from imposing personal beliefs on students while allowing them to express such beliefs in a suitable, sensitive manner during class. Recognizing the trust placed in them and the unique power dynamic of the teacher-student relationship, teachers must avoid exploiting this trust and dependency. Dual relationships that may compromise judgment or integrity, such as business, close personal, or sexual relationships, are strictly discouraged.
Teachers are prohibited from engaging in harassment, abusive words or actions, or exploiting students. Acknowledging the inherent power imbalance in the teacher-student relationship, teachers must exercise caution if contemplating a personal relationship with a student. Upholding the highest moral standards, teachers are encouraged to base their intentions, actions, and speech on honesty, compassion, selflessness, trustworthiness, and transparency.
Furthermore, teachers should avoid presenting themselves as "enlightened" or "spiritually advanced" and acknowledge that the learning process is ongoing. They are advised to refrain from portraying a superiority complex and instead recognize that they, too, are evolving on the spiritual path alongside fellow teachers and students. Cultivating an attitude of humanity in their teaching, teachers are urged to dedicate their work to a cause greater than themselves.
In any interactions on 405 YOGA premises or during activities or events hosted by 405 YOGA, teachers, employees, independent contractors, and students shall abide by these principles.
Must comply with all applicable policies publicly listed on the 405 YOGA website.
Must treat all students and staff with respect and must not engage in physically aggressive, threatening, harassing, discriminatory or otherwise offensive behavior.
Must not steal, misuse, destroy or deface 405 YOGA property.
Must not contravene any federal, provincial, or municipal statute or regulation.
Must not talk poorly of other students, teachers or others in the community.
Must maintain personal hygiene at high standards.
The provided list outlines instances of prohibited conduct, serving as a guide for students, employees, and independent contractors to comprehend behaviors subject to disciplinary action. It is not exhaustive and aims to provide clarity on the types of conduct that may warrant discipline. Any concerns regarding misconduct should be directed to the Senior Administrator and may be raised by staff, students, or the public.
Individuals found to be in violation of the Code of Conduct will undergo an inquiry by the Senior Administrator at the earliest possible time. Upon substantiating a violation, the severity of the incident will determine the course of action. Potential outcomes include a warning, a probationary period with specified conditions, or dismissal from the institution and any enrolled programs. In the event of dismissal, the Senior Administrator will issue a dismissal letter, along with a calculation of any refund or amounts owed to or from the institution.
If the individual in violation has financial obligations to the institution, 405 YOGA reserves the right to initiate the collection process for the outstanding amount.
NON- HARASSMENT POLICY:
We prohibit any form of harassment in the workplace, and individuals such as managers, employees, teachers, independent contractors, students, or others are not allowed to harass others based on age, gender (including pregnancy), race, ethnicity, culture, national origin, religion, sexual orientation, disability, socioeconomic status, genetic information, or any other protected basis under the law.
Sexual harassment is strictly prohibited in our studio, encompassing unwelcome sexual attention, advances, requests for sexual favors, and any verbal, visual, or physical conduct of a sexual nature. This includes situations where submission to such conduct is a condition of employment, where it influences employment decisions, where it unreasonably interferes with work performance, or where it creates an intimidating, hostile, or offensive working environment.
We also have a zero-tolerance policy for sexual misconduct in our studio, defined as any unsolicited and unwelcome sexual advances, requests for sexual favors, sexual touching, or any verbal, visual, or physical conduct creating a sexually hostile environment in a yoga class or studio.
Teachers are required to maintain professional relationships with their students, ensuring appropriate social and sexual boundaries. They must create and maintain a safe environment that fosters trust and mutual respect, refraining from any sexual conduct, activities, or behavior involving students. All forms of sexual involvement with students are considered unethical and constitute sexual misconduct.
Recognizing the power imbalance in the student-teacher relationship, teachers must not exploit the trust and dependency of students. Dual relationships with students (such as business, personal, or sexual relationships) that could compromise professional judgment or integrity are strictly avoided.
Retaliation against anyone filing or responding to a bona fide complaint of discrimination or harassment, serving as a witness, or participating in an investigation is strictly prohibited. Confidentiality is maintained during investigations to the extent possible, and all information related to a complaint or investigation is securely stored.
Any violation of this policy may result in disciplinary action, up to and including termination of employment.
TERMS OF SERVICE:
By accessing www.405yoga.com, www.405yogaokc.com, or utilizing the 405 Yoga mobile app, you agree to abide by our Terms of Service.
By accessing the 405 YOGA websites, including www.405yoga.com and www.405yogaokc.com, or using the 405 Yoga mobile app (collectively referred to as the "Site"), all visitors (referred to as "user," "you," and "your") are subject to and bound by these Terms of Service. The terms "we," "us," and "our" refer to 405 YOGA, LLC (the "Company"). Your use of this Site constitutes acceptance of these Terms of Service, and you acknowledge having read and understood them. We retain the right to modify these Terms of Service or impose new conditions on Site usage, and any such changes will be posted on the Site. Continuing to use the Site after such changes signifies your acceptance of the updated Terms of Service.
To access or use the Site, you must be 18 years or older and possess the necessary power and authority to agree to these Terms of Service. Providing accurate and up-to-date information about yourself, including your name, email address, and other personal details, is a requirement for using the Site. You agree not to impersonate others or provide false information. Your account must not be used for illegal or unauthorized purposes, and you must not violate any laws in your jurisdiction while using the Site.
The Site is intended for lawful purposes only, and you are prohibited from posting or transmitting any material that violates the rights of others, is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You must not engage in activities that encourage criminal offenses, civil liability, or any other law violations.
By clicking on buttons like "Buy Now" or "Purchase," entering credit card information, or enrolling in any manner, you ("Client") agree to receive products, programs, or services from the Company, unless a separate Terms of Purchase Agreement is provided at the time of purchase. No refunds will be issued for online product purchases.
The intellectual property on the Site, including trademarks, copyrights, proprietary information, and other intellectual property, is owned by 405 YOGA, LLC. This includes the 405 YOGA, LLC. /www.405yoga.com/www.405yogaokc.com/ 405 YOGA mobile app name, logo, designs, text, graphics, photographs, and other content. You are granted the right to view, print, and/or download one copy of the materials for personal, informational, and non-commercial use, provided you maintain all copyright and proprietary notices.
Modification, publication, transmission, participation in the transfer or sale of, creation of derivative works from, distribution, display, reproduction, performance, or any form of exploitation of the Site content or intellectual property is strictly prohibited without our prior written consent. Violation of this intellectual property policy may result in immediate removal from the Site without a refund.
LIMITATION OF LIABILITY: You acknowledge and agree that under no circumstances shall we be held liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising from your use of the Site or Service. Additionally, 405 YOGA, LLC is not responsible for damages related to (I) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (II) loss of revenue, anticipated profits, business, savings, goodwill, or data; and (III) third-party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, irrespective of our negligence, gross negligence, failure of an essential purpose, and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. This disclaimer applies even if 405 YOGA, LLC has been advised of the possibility of or could have foreseen the damages. In jurisdictions where the exclusion or limitation of liability for certain damages is not permitted, our liability is restricted to the fullest extent allowed by law. Under no circumstances shall 405 YOGA, LLC's cumulative liability to you exceed $100.
The Site may include links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You agree to indemnify and hold us harmless from any losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including attorneys’ fees, arising from any breach by you of these Terms of Service or any use by you of the Site. You shall provide us with assistance, without charge, as we may request in connection with any such defense, including providing us with information, documents, records, and reasonable access to you as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages resulting from any use of or reliance on our Site or its Content. By using our Site, you release the Company from any and all claims, including those related to personal or business interruptions, misapplication of information, or any other loss, condition, or issue.
Certain sections of the Site or its Content may enable you to make purchases. If you make a purchase, all information obtained during your transaction may be collected by us, the merchant, and our payment processing company.
Your dealings with any affiliate, individual, or company found on or through our Website are solely between you and the merchant. We shall not be responsible or liable for any loss, damage, refunds, or other matters arising from such dealings with a merchant.
We have no responsibility or liability for the independent policies of payment processing companies and merchants. Additionally, when you make certain purchases through our Site, you may be subject to the additional terms and conditions of a payment processing company, merchant, or us that specifically apply to your purchase.
This Agreement is governed by the laws of the State of Oklahoma within The United States of America. Any dispute not resolved through negotiation will be submitted to the American Arbitration Association. The arbitration process must be completed within ninety (90) days. The arbitrators' decision is binding, not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction.
If any provision of this Agreement is held invalid, void, or unenforceable, the rest of the Agreement remains in full force. These Terms of Service are not assignable, delegable, or transferable by you. Any transfer, assignment, or delegation by you is invalid.
This Agreement, along with the publicly listed and updated policies and liability waiver on www.405yoga.com, constitutes the entire agreement between you and 405 YOGA, LLC, pertaining to the Site and Service. It supersedes all prior agreements, representations, and understandings between us. No waiver of any provision by 405 YOGA, LLC shall be deemed a waiver of any other provision. No waiver is binding unless executed in writing by 405 YOGA, LLC. The subject headings are for convenience only and do not affect the interpretation of any provision.
For questions or concerns regarding these Terms of Service, please email: team@405yoga.com
Do you have any questions?
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