terms and conditions for online yoga classes
This disclaimer governs online yoga classes, courses and downloads offered by http://www.melaniethomasyoga.com, owned by Melanie Thomas, address available on request.
In booking an online yoga class or purchasing an online yoga course, video or other online product through Melaniethomasyoga.com, you agree to comply by the terms of this policy. Hereafter, all such services and products will be referred to as ‘the online yoga classes’.
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 the online yoga classes.
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; or,
your doctor has approved your participation in our yoga classes.
The online yoga classes are offered for your entertainment and enjoyment only. It is your responsibility to ensure that the classes you take are appropriate for your physical and/or mental conditions or limitations. Should you feel pain or discomfort at any point during the yoga class, you must cease practicing immediately. You should always practice in a safe space, and take breaks as needed.
Melanie Thomas may, at her sole discretion, prohibit you from participating in a yoga class; and you must comply with all instructions in relation to the online yoga class.
The online yoga classes are suitable for those aged 18 years or older. In booking or purchasing the class through http://www.melaniethomasyoga.com you are declaring yourself to be over 18 years.
3. Prohibition of recording
In booking an online class, you do not have permission to record, in part or in full, the video or audio content. In purchasing a yoga class recording or other digital product, you do not have permission to duplicate, distribute or resell the recording, in part or in full. Live classes will be delivered via Zoom unless otherwise stated and are designed for streaming live.
4. No representations or warranties
To the maximum extent permitted by applicable law and subject to section 6 below, Melanie Thomas excludes all representations, warranties, undertakings and guarantees relating to the online yoga classes.
Without prejudice to the generality of the foregoing paragraph, Melanie Thomas does not represent, warrant, undertake or guarantee:
that you will not suffer from any injury arising directly or indirectly out of the online yoga classes; or
that your fitness will measurably improve as a result of participation in the online yoga classes; or
that the online yoga classes will continue to run or remain available for download 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.
Melanie Thomas 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 the online yoga classes. Nor will Melanie Thomas be liable to you in respect of any other losses arising as a result of any such personal injury.
Melanie Thomas will not be liable to you in respect of any of your personal property that is lost, stolen or damaged before, during or after a yoga class.
Melanie Thomas will not be liable to you in respect of any losses arising out of any event or events beyond her reasonable control.
Melanie Thomas 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.
Melanie Thomas will not be liable to you in respect of any special, indirect or consequential loss or damage.
Nothing in this disclaimer shall: limit or exclude Melanie Thomas’ liability for death or personal injury resulting from negligence; limit or exclude Melanie Thomas’ liability for fraud or fraudulent misrepresentation; limit any of Melanie Thomas’ liabilities in any way that is not permitted under applicable law; or exclude any of Melanie Thomas’ liabilities that may not be excluded under applicable law.
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.
8. Law and jurisdiction
This disclaimer shall be governed by and construed in accordance with English law, and any disputes relating to this disclaimer or our yoga classes will be subject to the exclusive jurisdiction of the courts of England and Wales.
This disclaimer was created using an SEQ Legal template.