SERVICE AGREEMENT + LIABILITY WAIVER
Welcome!
We are so excited to welcome you to world class yoga at Nest Yoga. Before we can officially begin, we need you to go over a few important points. By clicking “I Agree” below, you are agreeing to two separate documents, a Service Agreement and a Liability Waiver. Please review both, and make sure you understand that you are signing away legal rights under the Liability Waiver. Let’s do this!
SERVICE AGREEMENT
The following Service Agreement (the “Agreement”) will clearly communicate our expectations in working together. Please raise any questions you have before signing to make sure we are all on the same page moving forward.
In exchange for agreeing to work together with Nest Yoga, you agree to be bound by the following conditions.
Contractual Terms
Parties. This Agreement is made between Yoga Enterprises LLC, a Limited Liability Company operating in the State of California (“Nest Yoga”, “we”, “us”, and “our”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Agreement (“you” and “your”).
Our Commitment to You. We promise to provide you with yoga instruction, as outlined in Schedule “A” Services (the “Services”). In order to provide the best possible experience, we will also do the following:
We will provide safe, inclusive, accessible yoga instruction from a variety of world class yoga instructors in a clean and inclusive yoga space.
What We Expect of You. Just as you are investing in us, we are also investing time, expertise and energy in you. For you to gain the most from the Services, here is what we expect of you:
Time Integrity. Let’s honor our time. Time, integrity and keeping your word is important. Please arrive on time, honor the length of the Services and the cancellation policy detailed in section 6 below.
Ownership. You are responsible for your own physical, mental and emotional well-being and actions during the course of the Services. Please take care of your needs when participating in a yoga class.
Respect. Please be respectful and courteous to your fellow students, teachers and staff.
Communication. We expect you to be upfront and honest about how your body works, what pains you have and your medical history. Please ask our staff or your teacher if you have any questions.
Term and Termination. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and Nest Yoga (the “Term”).
The Agreement may be terminated by either party at any time by providing 14 days advance written notice to the other party (email is fine). However, if you terminate the Agreement before the Term is complete, you will be obligated to make all payments as outlined in Schedule “A” Services.
Nest Yoga reserves the right to terminate this Agreement immediately if you violate any of the expectations outlined in section 3 above and you will not be entitled to any refunds or any continued working relationship with Nest Yoga.
Payment. You agree to pay the price, including the possibility of incremental payments (“Incremental Payment”), of the Services as outlined on Nest Yoga website, www.nest-yoga.com. All Payments, prices and costs are in US Dollars (USD).
The Payment prices are not subject to taxes and additional fees. Any subsequent changes to the Payment price will not affect the validity of this Agreement.
Incremental Payments. If your method of Payment includes Incremental Payments, you authorize Nest Yoga to maintain your account information and charge that account automatically upon the renewal of the Services with no further action required by you.
Nest Yoga will charge your method of payment as outlined on the website. Services for the Incremental Payment.
Cancellations and Refunds. Integrity and keeping your word are the cornerstones of all success. With that in mind, this is how we’ve drafted our cancellation and refund policy:
Refunds. Credits for the Services will be available in your account for your later use, provided you have given timely notice as outlined below. Service credits can be transferred to another client, but not refunded. In some extreme instances, such as illness or hospitalization, Nest Yoga may offer a partial or prorated refund, at our discretion.
Workshops and Trainings: Please cancel 7 days prior for full refund to original form of payment. If you cancel within 7 days prior to the workshop, you may receive credit to Nest Credits. You must speak to a manager to arrange this. There may be certain exceptions to this depending on the event; please check your registration notes sent via email to confirm.
Cancellation & Reschedule Policy. While we understand that unexpected circumstances can arise, please give a minimum of two (2) hours’ notice if you have to cancel or reschedule, provided it is in the timeframe of this Agreement.
No Guarantees. Nest Yoga cannot guarantee the success of the Services. We promise to provide you with the opportunity and Services to support you and see you grow, but the success of the Services ultimately depends on you. As such, no guarantees can be made for any particular outcome from our Services.
Ownership of Materials. All the content that we have provided to you, including but not limited to videos, documents and PDFs, are for your use only and are not to be re-distributed or re-used.
Media Release. By participating in the Services at Nest Yoga, you agree to grant us the irrevocable right to use your image, likeness, photos, video content, audio recordings captured of you on the premises or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to such use. Please let us know if you ever want us to stop using an image of you.
Substitute Services. Nest Yoga has the right to substitute services. This means that if we ever need to switch to online services or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in person classes.
Legal Fees. You will be responsible for any and all legal fees incurred by Nest Yoga regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a Payment).
Indemnity. You hereby fully indemnify Yoga Enterprises LLC and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries. This includes the contraction of COVID-19 or other communicable diseases and any false representation by yourself or others regarding vaccination status, or related to premises liability, however caused including as a result of Nest Yoga’s negligence, provided that where Nest Yoga has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.
Liability Waiver. Before the Services can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.
Force Majeure. Nest Yoga will not be liable for any failure or delay regarding the Services if such failure or delay is: beyond the reasonable control of Nest Yoga, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.
Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of California. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of California. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by Nest Yoga of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, email will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This Agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having You click “I Agree,” the effect of which will be the same as if we signed this Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.
AGREED and ACCEPTED
___________________________________
Signature
Yoga Enterprises LLC
Per: Kimberly Lally, Owner
Date:______________________________
Signature: ___________________________
Printed Name: ____________________________________
LIABILITY WAIVER
In checking the box below I agree to the following:
Yoga Enterprises, LLC and Nest Yoga | Oakland is not responsible for the safekeeping of my personal belongings while I attend an in person class.
I understand that classes may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death.
I certify that by voluntarily participating in class, either in the studio or at home, I am in good physical, mental and emotional condition.
I acknowledge that the environment for my out-of-studio (i.e. in home, outdoor, etc) practice of livestream classes is safe and appropriate for physical activity.
I acknowledge that some livestream classes may be recorded and used by the owner(s) of the content. By participating in class, I consent to the use of this recorded media content.
Photography, video recording or audio recording of any kind is prohibited without express prior consent of the studio management. This includes, but is not limited to, screenshots of livestream classes.
I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Yoga Enterprises, LLC or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
Studio Operations:
We have taken steps to educate our staff and ready our studio locations to create a safe, healthy and enjoyable environment for working out, having fun and being together again. Creating this safe and healthy environment, however, requires that we all do our part. In addition to the steps we're taking as a business, we are requesting your cooperation, and the cooperation of all of our members, in complying with the rules and policies described below:
Most importantly, please don't come to the studio if you are sick. Please maintain good hygiene and wash your hands frequently. We will do our best to have hand sanitizer available at the studio for use but please remember to bring hand sanitizer with you to the studio.
Please be sure to wipe down props before use. We will do our best to have cleaning supplies available at the studio for use.
Please bring your own water bottle.
Please bring your own practice mat (a limited number are available to purchase at the studio).
Please bring your own towel (a limited number are available to borrow or purchase at the studio).
I hereby release, covenant not to sue, discharge and hold harmless Yoga Enterprises, LLC/dba Nest Yoga, its employees, agents, owners, representatives, and affiliates (collectively "Releasees"), of and from all Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or related to my access to the studio or participation in the services provided byYoga Enterprises, LLC/dba Nest Yoga, whether arising out of the negligent or grossly negligent acts or omissions of any Releasee or otherwise, and whether any virus infection or exposure occurs before, during or after access to the studio or participation in any of the services provided by Yoga Enterprises, LLC/dba Nest Yoga; and I understand that by signing this release, I am waiving any and all Claims, including those Claims that may be unknown to me, or which I do not suspect to exist at this time.
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
I understand and agree that this Agreement shall be in addition to, and not in lieu of, any other assumption of risk provisions or releases of liability as may be found in my membership agreement, and that such assumption of risk and releases of liability provisions remain fully intact.
If any provision of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court or arbiter declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in this Agreement. Releasees are third-party beneficiaries to this Agreement and shall have the right to enforce this Agreement as if Releasees were a party hereto.
I understand that while on Yoga Enterprises, LLC/dba Nest Yoga premises, I, or my minor child's image (including live or recorded video images), may be used or shown on the Nest Yoga website or social media outlets (Facebook, Instagram, YouTube, etc.), and that by entering the premises I consent to the use of these images.
TERMS AND CONDITIONS, PRIVACY POLICY AND DISCLAIMER
The material appearing on this website https://www.nest-yoga.com (this “Site”), is provided as information about Nest Yoga’s business and as a platform for online connection. The owner of this Site, Nest Yoga, Yoga Enterprises, LLC and its directors, agents, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on the Site or material linked to this Site.
Any information on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion. By using this Site, you accept and agree that following and using any information or recommendation provided on this Site is at your own risk.
TERMS AND CONDITIONS
Please read the following carefully! Your access to and use of this Site is subject to legally binding terms and conditions which you accept and agree to by accessing this Site.
The following terms and conditions (“Terms and Conditions”) form a binding agreement (this “Agreement”) between you and Yoga Enterprises LLC, a Limited Liability Company operating out of the State of California (“Nest Yoga”). Nest Yoga may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions.
1. Copyright. All materials created by Nest Yoga on the Site are protected by United States copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Nest Yoga.
2. Links to Third Party Websites. This Site may contain links to third party websites. All such linked sites, materials and pages are not under the control of Nest Yoga and Nest Yoga is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third party website. Nest Yoga accepts no liability for any errors or omissions contained in third party websites. These links are provided to improve your use of this Site, enable you to connect with Nest Yoga on various platforms, help Nest Yoga offer the easiest services for you and conduct transactions.
3. Use License. If Nest Yoga has materials on the Site which you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
3.1. modify or copy the materials;
3.2. use the materials for any commercial purpose or for any public display (commercial or non-commercial);
3.3. 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 Nest Yoga 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.
4. Refunds. Our refund policy for any of the services or products sold on the Site is as follows: All sales are final.
5. Disclaimer. Our goal is to share information in an informative, open, and honest way. That being said, any information and services provided on or through the Site is for informational and educational purposes only. What we share is the opinion and perspective of Nest Yoga. The information and education is not intended or implied to supplement or replace professional advice. Before taking any action, please make sure you consult with a professional.
6. Site Terms of Use Modifications. Nest Yoga may revise these Terms and Conditions for its Site at any time without notice. By continuing to use the Site after Nest Yoga modifies this Agreement, you are agreeing to be bound by the updated version of this Agreement.
7. Limitation of Liability. In no event shall Nest Yoga or its affiliates 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 view or use the materials or content on the Site, even if Nest Yoga has been notified orally or in writing of the possibility of such damage.
8. Governing Law. Any claim relating to Nest Yoga’s Site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
9. Indemnity. As a condition of your use of this Site, you indemnify Nest Yoga and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.
10. Entire Agreement. These Terms and Conditions and any other legal notices, policies and guidelines of Nest Yoga linked to these Terms and Conditions or contained on this Site constitute the entire agreement between you and Nest Yoga relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Nest Yoga. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Failure by Nest Yoga to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right. Paragraph headings are for reference only.