Terms and Conditions
Last updated: September 19, 2023
Please read these terms and conditions carefully before using Our Service.
LIABILITY
By using the service or by clicking “I agree” you indicate your acceptance of these terms and your agreement to be bound by these terms, as well as all applicable laws and regulations. You represent and warrant that you have not been previously suspended or removed from the Service, you reside in the United States or Canada and that you possess the legal right and ability to enter into these Terms. You are not permitted to use the service if you do not agree to these terms. These terms can be changed, modified, supplemented, and/or updated by The Yard Yoga. Your continued use of the service after the modification of these terms means that you accept all such changes. Accordingly, you are advised to consult these terms each time you access the service in order to view any changes to these terms.
In consideration of voluntarily participating in The Yard Yoga methods and programming, the “Activity”, you agree and acknowledge that you are fully aware that participation in the Activity involve risks and you accept all the risks of participating, even if the risks are created by the carelessness, negligence or gross negligence of a Released Party (as defined below) or anyone else.
“Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal injury or death in connection with participation in the Activity. “Released Party” means The Yard Yoga or any of its affiliates, franchisees and their respective representatives, directors, officers, agents, employees or volunteer staff.
Please take responsibility for and respect your body. You agree and acknowledge that: a. You are in proper physical condition to participate in the Activity, and are aware that participation could, in some circumstances, result in personal injury, exacerbate existing medical conditions, cause serious physical injury or death. b. You understand your physical limitations and are sufficiently self-aware to stop physical activity before you become ill or injured.
You fully release, waive and forever discharge any and all rights or Claims you may have, now or in the future, against any Released Party, even if the Claims are based on the carelessness, negligence or gross negligence of a Released Party or anyone else. Without limiting the foregoing, you further release any recourses which you may now or hereafter have resulting from any decision of any Released Party.
You agree not to sue any Released Party for Claims, even if the Claims arise from the carelessness, negligence or gross negligence of any Released Party or anyone else. You agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim made by yourself or anyone making a Claim on your behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.
You are aware that it is advisable to consult a physician prior to participating in the Activity. If you have consulted a physician, you have taken the physician’s advice.
No warranties or representations have been made about the Activity, which are not stated on this form. I understand and intend that this document act as the broadest and most inclusive assumption of risk, waiver, release of liability, agreement not to sue and indemnity.
If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
PAYMENT TERMS
Access to the Service requires you to pay fees, and may provide you the option to activate recurring automatic payments for those fees. Before you pay any fees, including before activating or updating any recurring payments, you will have an opportunity to review the fees that you will be charged before you accept them. If you activate or update recurring payments through the Service, you authorize The Yard Yoga to periodically charge, on a going-forward basis and until cancellation, all accrued sums on or before the payment due date for the accrued sums. You can cancel recurring charges at any time by following the instructions in your dashboard. It may take up to 7 business days for the update or cancellation to take effect.
a. All fees are in CAD and are non-refundable. The Yard Yoga may change the fees for the Service or any feature of the Service, including by adding fees, on a going-forward basis at any time. If The Yard Yoga changes the fees for the Service, including by adding additional fees or charges, you will be provided advance notice of those changes and the opportunity to accept the changes. If you do not accept the changes, The Yard Yoga may discontinue providing the Service to you.
b. The Yard Yoga will charge the payment method you specify at the time of purchase. You authorize The Yard Yoga to charge all sums as described in these Terms, for the Service you select, to that payment method and you agree to keep your payment information valid and up to date. If you pay any fees with a credit card, The Yard Yoga may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. The Yard Yoga uses a third party payment processor, Stripe, Inc. (“Stripe”), to process all fees and payments made via the Service. Stripe handles any information you provide to them in accordance with their privacy policy which can be found at: https://stripe.com/en-ca/privacy. By providing your payment information to sign up for the Service, you consent to The Yard Yoga providing relevant information to Stripe in order to provide the Service to you and acknowledge that you have read and agree to the terms of Stripe’s privacy policy.
c. All purchases of Merchandise from The Yard Yoga are made pursuant to a shipment contract. This means that the risk of loss and title for Merchandise pass to you upon our delivery to the carrier of the applicable Merchandise. You are responsible for payment of all shipping charges, both for initial purchase of any Merchandise, as well as shipping charges for returns.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: hello@theyardyoga.com