Terms and Conditions
TERMS OF PURCHASE AGREEMENT
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, I (“Client”) agree to be provided with products, programs, or services (“Programs”) by Just Be Yoga, LLC and Just Be Yoga Danville, LLC and its employees, independent contractors and officers (collectively, “Just Be Yoga”). This Terms of Purchase agreement (“Agreement”) covers the entirety of my participation with Just Be Yoga’s Programs whether at its studio locations or at any locations off-site where Programs may be held, including online. I agree that I am 18 years old or older and that I voluntarity entering into a legally binding agreement with Just Be Yoga, subject to the following terms and conditions:
1. Risk Factors- I understand and acknowledge that the use of equipment and facilities provided by Just Be Yoga and participation in the Programs involve risks including, but not limited to the following: risk of property damage, bodily injury, including, but not limited to permanent disability, paralysis, and possibly death. These risks may result from a variety of circumstances including, but not limited to, the use or misuse of the equipment or facilities, from the act of participation in a Program itself, from the acts of myself or others, including Just Be Yoga and its officials, officers, employees, agents, or volunteers or from the unavailability of emergency medical care.
2. Assumption of Risk- I am participating in Just Be Yoga’s Programs at my own free will. I understand that my decision to participate in the Programs is entirely voluntary and is not a requirement. I assume full responsibility for all risks that may arise out of or result from my participation in the Programs, including by not limited to those risks described in Section 1, above. The sole exception to this Section 2 shall be limited at all times to those injuries caused by the willful or wanton misconduct of any officials, officers, employees, agents, or volunteers of Just Be Yoga.
3. My Health Warranty- I have been examined by a licensed physician in the past 6 months and have been found to be in good health and have no disability, impairment, injury, disease or ailment preventing me from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of participation in the Programs in any manner. In the event that I am pregnant, I will not attend Programs until I have discussed the risks with my obstetrician. I will follow my doctor’s recommendations and will not hold Just Be Yoga responsible for any injuries to myself or my fetus caused in part or in whole by my failure to follow my doctor’s recommendation.
4. Follow Instructions- I will faithfully follow all instruction given to me by Just Be Yoga’s instructors regarding the Programs and as to when, where and how to perform and not to perform yoga exercises, it being understood that any deviation by me from such instruction shall be at my own risk. Notwithstanding the foregoing, I further acknowledge that any instruction that I believe may be physically injurious to me due to my own physical condition, I will not follow and I will modify for the individual needs of my own body. I further understand that as a matter of safety for everyone involved in the Programs, at the instructor’s discretion, I may be asked to leave the class if found to be disruptive to others. Also, I understand that Just Be Yoga reserves the right to remove any Client from the Programs at any time for any reason.
5. Consent for Emergency Treatment- I consent to medical treatment for emergencies that occur during or are related to my participation in Programs where I am unable to consent to such treatment and understand that the risk, waiver and indemnity terms contained in this Agreement apply to any emergency treatment I receive.
6. Standard of Care- I understand and acknowledge that as part of the Programs I will receive instruction in yoga theory and exercise only. I will not hold Just Be Yoga, its officials, officers, employees, agents, or volunteers to any higher standard of care than that applicable to any other provider of yoga theory and exercises. By participating in the Programs, I acknowledge that Just Be Yoga is not a medical doctor, psychologist, and the services provided hereunder do not replace the care of other professionals. Participating in the Programs is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.
(a) Disclaimer of Warranties- The information, education, and coaching provided to me by Just Be Yoga under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
(b) Waiver of Liability- You are participating in online and/or in person coaching, classes or services during which You will receive information and instruction about physical activity, yoga, or similar and You acknowledge that activity may require physical exertion, which may be strenuous and may cause physical injury, and Client is fully aware of the risks and hazards involved. You acknowledge that it is Your responsibility to consult with a physician prior to and regarding participation in any physical fitness program. You represent and warrant that You have no medical condition that would prevent your participation in physical fitness activities. Client agrees to assume full responsibility for any risks, injuries or damages, known and unknown, which You might incur as a result of participating in online and/or in person coaching, classes or services. I knowingly, voluntarily, and expressly waive any claims I may have against Just Be Yoga, or the instructor, for injuries or damages that I may sustain as a result of participating in coaching or classes. direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program THEREFORE, WITH FULL KNOWLEDGE OF THE RISK, I NONETHELESS, CERTIFY THAT I AM GOOD HEALTH AND I AGREE TO PARTICIPATE IN THE PROGRAMS AND HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE JUST BE YOGA, LLC, or JUST BE YOGA DANVILLE INCLUDING WITHOUT LIMITATION ITS DIRECTORS, OFFICERS, MEMBERS, AGENTS, AND EMPLOYEES IN THEIR INDIVIDUAL, PERSONAL, AND REPRESENTATIVE CAPACITIES (COLLECTIVELY, THE “RELEASEES,”) FROM ALL LIABILITY TO THE UNDERSIGNED - MY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN - FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO MY PERSON OR PROPERTY OR RESULTING IN MY DEATH ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE PROGRAMS, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASES OR OTHERWISE. I HEREBY WAIVE ANY PROTECTIONS AFFORDED BY ANY STATUTE OR LAW IN ANY JURISDICTION WHOSE PURPOSE, SUBSTANCE AND/OR EFFECT IS TO PROVIDE THAT A GENERAL RELEASE SHALL NOT EXTEND TO CLAIMS, MATERIAL OR OTHERWISE WHICH THE PERSON GIVING THE RELEASE DOES NOT KNOW OR SUSPECT TO EXIST AT THE TIME OF EXECUTING THE RELEASE. THIS MEANS, IN PART, THAT I AM RELEASING UNKNOWN FUTURE CLAIMS.
(c) I HEREBY AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS THE RELEASES FROM ANY LOSS, LIABILITY, DAMAGE OR COST THEY MAY INCUR ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE PROGRAMS WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASES OR OTHERWISE INCLUDING WITHOUT LIMITATION, ALL EXPENSES, DAMAGES, CHARGES, AND COSTS (INCLUDING COURT COSTS AND ATTORNEY FEES) WHICH MAY BE INCURRED BY THE RELEASES.
(d) I HEREBY AGREE THAT THIS AGREEMENT EXTENDS TO ALL ACTS OF NEGLIGENCE BY THE RELEASEES, INCLUDING NEGLIGENT EMERGENCY OPERATIONS AND IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE IN WHICH THE PROGRAMS ARE CONDUCTED AND THAT IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.
8. Payment and Refund Policy:
(a) Upon execution of this Agreement, I agree to pay to Just Be Yoga the full purchase amount.
(b) Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that Just Be Yoga will charge the credit card of my choice for the amounts specified on Just Be Yoga’s website (“Website”). If I select a payment plan option, I agree to pay fees to Just Be Yoga according to the payment schedule set forth on the Website, or otherwise provided to me, and the payment plan I selected (the “Fee”).
(c) In the event I fail to make any of the payments within a payment plan during the time prescribed, Just Be Yoga has the right to immediately disallow my participation until payment is paid in full. If I have not paid within fourteen (14) days from the due date of such payment, Just Be Yoga has the right to terminate this Agreement immediately.
9. Minors- If I am under 18 years of age, I have disclosed that information to Just Be Yoga. In addition to my signature my parent and/or guardian has signed and dated this Agreement at the bottom of this page.
10. Lost or Stolen Items- I agree that Just Be Yoga is not liable for any lost or stolen property.
11. Recording and Redistribution of Recordings- I acknowledge that classes may be recorded. I also acknowledge that such recordings may be posted on their Website, Facebook page or other social media, redistributed, and/or resold at a later date as part of a separate package sold by Just Be Yoga. I waive any right to payment, royalties or any other consideration for Just Be Yoga’s use of such written statements, images, audio recordings and video recordings and I waive the right to inspect or approve the finished product used by Just Be Yoga.
12. Dispute Resolution- If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Contra Costa County, California or via telephone. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
13. Jurisdiction. This Agreement shall be governed in all respects by the laws of the State of California. The parties agree to use the State of California for Jurisdiction and the County of Contra Costa as Venue for any disputes between the parties related to this Agreement.
14. General. This Agreement contains the entire agreement between the parties herein and supersedes all prior agreements between the parties, whether written or oral.If any term or provision of this Agreement are held to be illegal, invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid or unenforceable under present or future laws effective during the term hereof or of any provisions hereof which survive termination, then and in any such event, it is the express intention of the parties that the remainder of this Agreement, or the application of such term, clause or provision other than to those as to which it is held illegal, invalid or unenforceable, shall not be affected thereby, and each term, clause or provision of this Agreement and the application thereof shall be legal, valid and enforceable to the fullest extent permitted by law. I HAVE READ THIS ASSUMPTION OF RISK, WAIVER, RELEASE FROM LIABILITY AND INDEMNIFICATION AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.