Membership Agreement

vidya yoga membership agreement and disclaimer

(1)           introduction

this disclaimer governs our yoga classes.  we will ask you to sign this disclaimer before taking part in any yoga class.

you acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree to take responsibility for your health and well-being in relation to our yoga classes.

acceptance of terms this agreement sets forth legally binding terms for your use of our website. by using the website, you agree to be bound by this agreement, whether you are a “visitor” (which means that you simply browse the website) or you are a “student” (which means that you have registered on the website as a student or customer). if you do not accept the terms of this agreement, you should leave the website and discontinue use of the service immediately. we 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 important that you review this agreement regularly.

(2) website and online classes

the vidya yoga website (hereinafter referred to as the “website”) is designed to provide you with information about vidya yoga, vidya yoga instructors (collectively “vidya yoga”), and our programs and educational products. additionally the website means to bring together a community of yogis who are dedicated to their craft(s) of teaching and experiencing yoga. the website is owned by vidya yoga. these terms & conditions of use (this “agreement”) apply to all products, services and websites offered by vidya yoga, the mobile or tablet versions thereof, any vidya yoga software, and any applications created by vidya yoga whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “service”). please note that the availability of any vidya yoga applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between vidya yoga and such social networking site, mobile or tablet device, or internet television or other technology platform.

disclaimer of warranties you agree that your use of the website, online yoga services and classes, studio time, and studio instruction shall be at your sole risk. the website and studio and the materials are provided “as is” and without warranties of any kind, either express or implied. to the fullest extent permitted by law, vidya yoga, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and studio and your use thereof. vidya yoga makes no warranties or representations about the accuracy or completeness of this website’s content and studio or the content of any sites linked to this website and studio and assumes no liability or responsibility for any (you) 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 unauthorized access to or use of vidya yoga secure servers and/or any and all personal information and/or course content 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 the use of any content posted, emailed, transmitted, or otherwise made available via the website.

vidya yoga does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and vidya yoga will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

general registration requirements if you wish to become a user or customer or communicate via the website with other users, and/or otherwise make use of the service, 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 of legal age to form a binding contract and are not a person barred from receiving services under the laws of the united states or other applicable jurisdiction. you also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the website (the “registration data”) and (b) maintain and promptly update your registration data 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, vidya yoga reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time. use of the service and membership/studentship on the website is void where or if law prohibits it.

website content (as defined in section 6) 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 vidya yoga. vidya yoga 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; and as intended through the normal functionality of the vidya yoga service

all course materials (presentation slides, recording links and other documents) are proprietary and are meant for your individual use only. please do not copy or otherwise distribute course materials or recordings. your tuition is in exchange for one student’s participation. we understand and appreciate the economy of participating as a group. while we encourage group interaction and community development, we ask everyone participating to please register individually, and please confirm amongst each other that all members of your group are registered to attend. to the extent you are hoping to participate in a group and all members of the group are not registered or able to register, you may always contact us with requests for aid and/or scholarships. we do our best to accommodate all students who wish to join us for study. accordingly, please do not share your login credentials with any third party.

no communication of any kind between you and vidya yoga or a representative of vidya yoga shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use.
vidya yoga reserves the right to remove any material posted on the website that it determines in its sole discretion is violative of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the website.

(3)           health and medical conditions

you acknowledge and represent that:

• to the best of your knowledge, you suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise; [and / or]

• your doctor has approved your participation in our yoga classes.

you must modify or stop, as soon as possible, if:

• you suffer from any [new] injury, illness or other medical condition;

• you feel any pain or discomfort during an yoga class; or

• you feel that any exercise included in an yoga class would be unsafe or uncomfortable for you.

you must not enter the facility and notify Vidya Yoga if:

• you are ill, or have any symptoms of COVID-19 (coronavirus)

in addition, you must obtain your doctor's approval before participating in our yoga classes.we may in our sole discretion prohibit you from participating in an yoga class; and you must comply with all of our instructions in relation to our yoga classes.

health disclaimer physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a vidya yoga llc instructor, is a strenuous physical activity. as is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely 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. accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment.In addition, you must obtain your doctor's written approval before participating in our yoga classes, and provide upon request. Vidya yoga llc 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 not required to be performed by you and are carried out at your election while engaging in vidya yoga llc offerings. nothing contained in this website or in our live programming should be construed as any form of such medical advice or diagnosis. by agreeing, you acknowledge that participation in yoga classes exposes you to a possible risk of personal injury. you are fully aware of this risk and hereby release vidya yoga, its owners, and/or its instructors from any and all liability, negligence or other claims arising from, or in any way connected with, your participation in yoga.

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

minors vidya yoga’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to vidya yoga you are representing that you are eighteen (18) years of age or older.

by utilizing vidya yoga website or studio and/or signing up to participate in our programs online or in person, you 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 entirely eliminated. your signature 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.

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

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

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

this agreement shall be binding upon me and your heirs, legal representatives, and assigns.

physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a vidya yoga instructor, is a strenuous physical activity. accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the website. vidya yoga 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 not required to be performed by you and are carried out at your election while viewing vidya yoga videos. nothing contained in this website should be construed as any form of such medical advice or diagnosis.

by using the website you represent that you understand that physical exercise involves 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 activities from vidya yoga, you will not exceed your limits while performing such activity, and you will select 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 vidya yoga, or any person or entity involved with vidya yoga, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

(4)           no representations or warranties

to the maximum extent permitted by applicable law and subject to section 6 below, we exclude all representations, warranties, undertakings and guarantees relating to our yoga classes.

without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee: that you will not suffer from any injury arising directly our indirectly out of our yoga classes; that your fitness will measurably improve as a result of participation in our yoga classes; or that the yoga classes will continue to run for any specific period.

(5)           limitations and exclusions of liability

the limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section 6 below; and govern all liabilities arising under the disclaimer or in relation to our yoga classes, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

we will not be liable to you in respect of any personal injury (including without limitation serious injury or death) that you may suffer or sustain directly or indirectly as a result of attending our yoga classes.  nor will we be liable to you in respect of any other losses arising as a result of any such personal injury.

we will not be liable to you in respect of any of your personal property that is lost, stolen or damaged before, during or after an yoga class.

we will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

we will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

we will not be liable to you in respect of any special, indirect or consequential loss or damage.

(6)           exceptions

nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.

(7)           severability

if a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect. 

if any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect.

waiver and severability of terms the failure of vidya yoga to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. if any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.

(8)           law and jurisdiction

this disclaimer shall be governed by and construed in accordance with state of ohio law, and any disputes relating to this disclaimer or our yoga classes will be subject to the exclusive jurisdiction of the courts of ohio.

governing law and venue this agreement shall be governed by the laws of the state of ohio, without respect to its conflict of laws principles. any claim or dispute between you and vidya yoga that arises in whole or in part from the website shall be decided exclusively by a court of competent jurisdiction located in ohio.

(9)           our details

in this disclaimer, "we" means (and "us" and "our" refer to) vidya yoga llc. the limitations and exclusions of liability in this disclaimer protect our instructors as well as protecting us.

(10)         termination

termination or suspension of account you agree that vidya yoga may at any time and for any reason, including a period of account inactivity, terminate your membership to vidya yoga 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.

any termination of the membership agreement must be done 30 days prior.

modification and discontinuation we reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently any membership or service or streaming service (or any portion thereof) with or without notice. you agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the service or the website.

(11)  liability

limitation on liability in no event shall vidya yoga, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (your) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from vidya yoga instruction.

in no event shall vidya yoga, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies, (ii) personal injury or property damage, of any nature whatsoever, resulting from instruction or use of website or facilities. no communication of any kind between you and vidya yoga or a representative of vidya yoga shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use. vidya yoga reserves the right to remove any material posted on the website or social media at anyu time, without reason.

indemnity you agree to defend, indemnify and hold harmless vidya yoga, 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: (you) your use of and access to the website, online instruction, or studio instruction; (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.

assignment this agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by vidya yoga without restriction.

integration clause this agreement together with the privacy policy link to privacy policy page and any other legal notices published by vidya yoga.

ability to accept terms of service 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, and/or are a guardian of a child under 18 and also agree to the terms.

general vidya yoga 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.