Terms of Use
1. Terms
By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
6. Links
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
7.Medical Advice Disclaimer
The School does not provide medical advice. The School's services and products are not intended to diagnose, treat, or cure any psychological, physical, or medical conditions. The School, Retreat with Rachel LLC, it's staff and content providers, are not licensed medical care or health care providers and are not rendering personal medical advice and/or psychological and/or physical advice or treatment and have no expertise on advising on, diagnosing, or treating medical or mental health conditions of any kind.
8.Waiver and Release of Liability
I am aware that there are significant risks involved in physical training inherent to all yoga exercise activities, and my participation in any such physical training program carries with it the potential for injury, as well as death to me or to others, as well as possible property damage. This can be due to many different possible events, including, but not limited to, falls; negligence on the part of myself, my training partner, or other people around me; improper use or failure of equipment; terrain, facilities, temperature, weather, or vehicular traffic; and the actions of other people such as participants, volunteers, spectators, coaches, and trainers. I understand these risks and willingly assume full responsibility for the risks that I am exposing myself and others to and accept full responsibility for any injury, death. Or property damage that may result from participating in, volunteering for, or watching any physical training, including yoga exercises and programs. I realize that liability could arise from the negligence or carelessness of the persons or entities I am releasing, or from dangerous or defective equipment or property owned, maintained or controlled by them, or because of conditions or events for which no one is at fault. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.
9.Release
The yoga activities I engage in may be provided to me on line or by similar electronic, video, or digital means. I understand, acknowledge and accept that this type of activity may have disruptions in service, may be impacted by the nature and quality of the transmission, may not afford me the ability to see, perceive, or comprehend certain visual, audio, or physical cues, instructions, conditions, or other elements of the services provided to me and/or may not provide you an opportunity or ability to perceive and/or render assistance in the event of an emergency or other situation that requires prompt or immediate attention. I understand that I have assumed the risk of such a situation and I will take steps to avoid or deal with such situations at my location, as well as providing to you such information I have regarding any condition that exists or I believe may arise during these yoga activities.
I also understand that, during the course of the yoga activities, you may receive in some form information about me that would be considered as confidential or protected, including but not limited to medical, financial and personal information. This would include any such information that may be communicated during or pursuant to yoga activities I engage in on line or by similar electronic, video, or digital means. I acknowledge that I have responsibility to protect and prevent the disclosure of any such information and that
I acknowledge that I am voluntarily participating in these yoga exercise activities and I am assuming all risks as described above. In consideration for my being allowed to participate in the yoga exercise activities offered, I hereby release The School, Retreat with Rachel LLC, and its principals, agents, instructors, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in these activities, including those which may be attributed to the negligent acts or omissions of these parties. I understand and confirm that this agreement is binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement remains in full legal force and effect.
10.Indemnification
I recognizes that there is risk involved in the types of yoga exercise activities offered (including ceremonies). Therefore I accept financial responsibility for any injury that I may cause either to me or to any other participant due to my conduct, whether such be negligent or otherwise. Should The School, Retreat with Rachel LLC, or anyone acting on its or their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless The School, Retreat with Rachel LLC, its or their principals, agents, instructors, employees, and volunteers from liability for the injury or death of any person(s) and/or damage to property that may result from my conduct, whether negligent or otherwise, while participating in the yoga exercise activities offered, regardless of nature, duration, or location.
11.Photography & Videography
I hereby grant permission to the School and Retreat with Rachel LLC and their representatives to photograph and video me, and otherwise capture my image, and to make recordings. I further grant the School and Retreat with Rachel LLC and its representatives the right to reproduce, use, exhibit, display, broadcast and distribute these images and recordings in any media now known or later developed for promoting, publicizing, or explaining the School, and/or Retreat with Rachel LLC, and their activities. Photographs, video images and voice recordings are the property of the School and Retreat with Rachel LLC.
11. Site Terms of Use Modifications
The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.
12. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions. The laws of California shall govern this agreement (without reference to its principles of conflicts of law), and venue for any court proceeding shall be in California, and any right to jury trial shall be waived. I agree that my sole remedy for any dispute, whether in contract, tort, or otherwise, with The School, and Retreat with Rachel LLC, is to submit to binding arbitration with an arbitrator within six months of the incident giving rise to the cause of action, even if that time is less than the applicable statute of limitations. In the event of arbitration, I will pay half of the costs of the arbitrator and other costs of arbitration, and I will be responsible for all of the costs for my own legal counsel.