Prana Yoga Studio trainings, retreats, workshops and classes (in-person and online)
This Terms of Use Agreement (the “Agreement”) is between you and Prana Yoga Studio Inc. (Prana Yoga Online) doing business as Prana Yoga (“Prana Yoga”). The Prana Yoga network is comprised of various websites, associated widgets, mobile applications and other distribution platforms (the “Sites”) operated by Prana Yoga.
By accessing or utilizing the Sites, you accept to be bound by the terms, conditions and notices of these documents, which supersede all agreements, negotiations, and preliminary discussions, whether written or verbal, that may have occurred as between you and Prana Yoga. Your use of the Sites constitutes your agreement to all such terms, conditions, and notices. If you do not accept to be bound by such terms, conditions and notices, please do not access our Sites.
1. CORPORATION AND LEGAL NOTICES
The Sites and their content are the exclusive property of:
Prana Yoga Studio Inc.
(780) 761-2226
yoga@pranayogastudio.ca
5611 199 street
Edmonton AB
T6M 0M8
You can reach Prana Yoga for any question or comment at the address, telephone number or email mentioned above.
2. APPLICATION
This Agreement applies to all services provided by Prana Yoga, whether online or in person, including, without limitation, all classes, Yoga Teacher Trainings, Workshops, and Retreats (the “Services”).
3. PROVISION OF WEB-BASED SERVICES
The Sites are provided for use from our facilities in Canada. Prana Yoga can make no representations or warrantees that they will be available, compatible or permitted for use in any other jurisdiction. If you are connecting with our Sites and using our Services from a foreign jurisdiction, you agree that your use of the Services depends on your ability to connect with our Sites and it is your responsibility to ensure that such use complies with local law and requirements of use with your internet service provider.
4. PERSONAL USE
The Services provided by the Sites are made available for your personal, non-commercial use only. You may not use the Services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. If you want to make commercial use of our Services, you must enter into an agreement with Prana Yoga and do so in advance. Prana Yoga is under no obligation to enter into agreements to authorize such a use and may choose to do so in its sole and absolute discretion. Please contact us at the email or telephone number provided for at Section 1 of this Agreement for more information.
5. PAYMENT
All prices are indicated in Canadian currency (CAD) and subject to applicable taxes. Prana Yoga reserves its right to modify Services, products and rates at any time. Prana Yoga will not, however, increase the rate you have subscribed to, provided your subscription to our Services continues without interruption. Automatic renewal payments will be taken for one month, in advance, following you subscribing to one or many of our Services and every month thereafter. Your subscription will renew, and payments will be taken automatically until you choose to cancel your subscription regardless of the degree to which you choose to use the Service provided. Once a payment is made, no refunds of subscription amounts are available. You may cancel your subscription at any time, without penalty or refund.
6. NO SHARING OF ACCOUNT INFORMATION
You agree that you will not share the username and password you use to access the Sites with others. Excessive usage of the Sites will be assumed by Prana Yoga to be fraudulent use and your account will be immediately cancelled without a refund.
7. ONLY ONE FREE PROMOTIONAL PERIOD
Each individual is only entitled to one promotional period. Prana Yoga will terminate without refund any and all accounts associated with a person attempting to use more than one free promotional period, in any form or by whatever means whatsoever.
8. RISKS OF USE
You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily assume any and all risks, known or unknown, associated with your use of the Services (collectively “Your Participation”). You acknowledge that Your Participation may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (as this term is defined in Section 9 of this Agreement). Notwithstanding the foregoing, you hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with Your Participation. You agree that by participating in physical exercise or training activities you do so entirely at your own risk.
9. WAIVER
BY AGREEING TO THESE TERMS OF USE, YOU AGREE THAT NEITHER YOU, NOR YOUR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS OR ASSIGNS, WILL HOLD PRANA YOGA STUDIO INC., ITS OWNERS, TEACHERS, ASSISTANTS, AGENTS OR EMPLOYEES, RESPONSIBLE FOR ANY INJURY, ACCIDENT, ILLNESS OR HARM THAT MAY BEFALL YOU DURING THE PROVISION OF ANY SERVICES OFFERED BY PRANA YOGA OR ANY DAMAGE WHICH MAY OCCUR TO YOUR PROPERTY WHILE YOU ARE IN TRANSIT TO OR FROM OR ATTENDING A PRANA YOGA PROGRAM INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY SUCH INJURY, ACCIDENT, ILLNESS HARM OR DAMAGE CAUSED BY OR RESULTING FROM THE ACTS OR OMISSION OF ANY PERSON OR COMPANY CONVEYING YOU OR PROVIDING ACCOMMODATION AND ANY ACTS OR OMISSIONS OF PRANA YOGA, ITS OWNERS, TEACHERS, ASSISTANTS, AGENTS OR EMPLOYEES, OTHER THAN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE INSTRUCTOR AND PRANA YOGA, AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, RELATED AND AFFILIATED COMPANIES, LICENSEES, SPONSORS, SUCCESSORS, ASSIGNS AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS CONTRACTORS, PARTNERS, SHAREHOLDERS, REPRESENTATIVES AND MEMBERS OF THE FOREGOING ENTITIES OR OTHER PERSONS AFFILIATED WITH THE SITES (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE RELEASED PARTIES FOR PERSONAL INJURY OR PROPERTY LOSS..
10. MODIFICATION OF THESE TERMS OF USE
Prana Yoga reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the rates associated with the use of the Services.
11. REGISTRATION INFORMATION AND AGE RESTRICTION
The Sites and Services are not directed at children under eighteen (18) years of age, and by providing information about yourself to Prana Yoga you are representing that you are eighteen (18) years of age or older and that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada 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 our Sites and (b) maintain and promptly update your information 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, Prana Yoga reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) at any time with any fees having been paid forfeited in the entirety.
12. LINKS TO THIRD PARTY WEBSITES
The Sites may contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of Prana Yoga and Prana Yoga is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Prana Yoga is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Prana Yoga of the site or any association with its operators.
13. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Sites, you warrant to Prana Yoga that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from Prana Yoga. Similarly, you are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.
14. COPYRIGHTED CONTENT
The Sites contain copyrighted material owned by Prana Yoga, including, without limitation, the content of the Sites and all of its algorithms, texts, slogans, graphics, images, videos and photos. You may not obtain or attempt to obtain any copyrighted materials or information through any means not intentionally made available or provided for through the Sites for the provision of the Services. In addition, copyrighted materials or information may only be put to personal use. No license is given, by the provision of the Services, to use these materials for any other purpose.
15. TRADEMARKS, NAMES AND LOGOS
All trademarks, brands, corporate, commercial or legal names and logos used on the Sites or delivered via the Services are either owned by Prana Yoga or a use right has been granted to Prana Yoga. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly nor implicitly granted within or as a result of your use of the Sites or Services. Without the prior permission of Prana Yoga, except in the utilization of our widgets or mobile applications, you agree not to display, use or change in any manner, any of the trademarks, brands, corporate, commercial or legal names and logos featured on the Sites for which you do not have personal rights.
16. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PRANA YOGA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. ADVICE RECEIVED VIA THE SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. PRANA YOGA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PRANA YOGA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF PRANA YOGA FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRANA YOGA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRANA YOGA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
17. FORCE MAJEURE
Should the execution by Prana Yoga of any of its obligations pursuant to this Agreement be delayed by an event of force majeure or by any other reason beyond the control of Prana Yoga, the date of the execution of any such obligation shall be delayed for a period equivalent to such delay, and Prana Yoga may not be found liable in any way whatsoever as a result of such delay to execute its obligations hereunder.
18. TERMINATION AND ACCESS RESTRICTION
Prana Yoga reserves the right, in its sole discretion, to terminate your access to the Sites and the related Services or any portion thereof at any time, without notice.
19. PRIVACY POLICY
Prana Yoga respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.
20. APPLICABLE LAW
To the maximum extent permitted by law, this agreement is governed by the laws of Canada and the Province of Alberta, and you hereby consent to the exclusive jurisdiction and venue of courts, arbitration and/or mediation services in Edmonton in all claims and disputes arising out of or relating to the use of the Sites (the “Claims”). You agree that all Claims will be adjudicated by arbitration before it may be dealt with by a court. All Claims arising under or relating to this Agreement are to be settled by arbitration in Edmonton, Alberta before one arbitrator with no less than 10 years of active litigation practice. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the Arbitration Act and any related regulations and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Prana Yoga as a result of this Agreement or use of the Sites. Prana Yoga’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Prana Yoga’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Prana Yoga with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and, in any case, the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between you and Prana Yoga with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Prana Yoga with respect to the Sites. You may only vary this Agreement with the express and written consent of Prana Yoga. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be drawn up in English. This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of Prana Yoga and its affiliates, successors or assigns.
21. UPDATE
This Agreement was last updated on the 17th day of June, 2020.