Meghan Currie Yoga Online Studio
Release and Waiver of Liability
Terms of Service
By paying for the online fitness classes and/or courses, provided by Meghan Currie Creations Inc., you hereby acknowledge and agree to the following:
1. Voluntary Participation. I am voluntarily participating in the Meghan Currie Yoga Online Studio “Online Studio”, during which, as determined by Meghan Currie Creations Inc. (the “Company”) and its guest teachers (the “Teachers”), I will receive information and instruction on matters including yoga, meditation, breathwork, and general wellness, and will participate in a number of activities, including the physical practice of yoga (collectively, the “Activities”).
2. Practice of Yoga. I am fully aware that yoga requires physical exertion and I will be responsible for recognizing my own physical limitations, which includes not engaging in any action that feels uncomfortable or painful in any way. I will practice yoga at a pace and effort level that feels safe and appropriate for my own physical condition. I understand that in addition to the physical nature of yoga, it may be mentally and/or emotionally strenuous, resulting in certain unforeseen injuries. I will not participate in any activity that I believe may cause me harm.
3. Acknowledgement of Risk. I have previously engaged in some form of yoga practice and understand the nature of activities and the risks involved, and hereby assume such risks. I understand that the Activities will present varying degrees of risk that I take full responsibility to independently evaluate and assume such risks. I am aware that participating in the Activities, even when completed properly, can be dangerous. I am aware that potential risks associated with the Activities include, but are not limited to: fainting, disorders in heartbeat, heart attack, stroke, serious neck and spinal injuries that may result in complete or partial paralysis or brain damage or even death, serious injury to virtually all bones, joints, ligaments, muscles, tendons, and other aspects of the musculoskeletal system, and serious injury or impairment to other aspects of my mental health, body, general health, and well-being (collectively the “Injury”).
4. Assumption of Risk. I acknowledge that my participation in the Online Studio is voluntary and that if I engage in the Activities or use any yoga equipment (the “Equipment”), I do so at my own risk. I take full responsibility for all physical and mental injuries of any kind, including any injury, that I may suffer. This includes any injury sustained while and/or resulting from the use of the Equipment (whether this is my own Equipment or Equipment provided to me by the Company) and shall also include any Injury arising out of the Company’s or Teacher’s negligence, whether active or passive.
5. Doctor’s Advice. I acknowledge and agree that I am physically and mentally sound and currently have no physical conditions that would be aggravated by my involvement in the Online Studio or participating in the Activities. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Online Studio. I represent and warrant, understanding that the Company and Teachers will act in reliance of such representations, that I am in good physical condition, am physically fit, and I have no medical conditions that would impair my ability, or endanger me in any way whatsoever, from participating in the Online Studio.
6. Illicit Substances. I acknowledge that the use and/or consumption of all non-medical drugs, alcohol, and other illicit substances (the “Illicit Substances”) is prohibited during the Activities on the Online Studio. If I use, consume, or am under the influence of the Illicit Substances prior to or while participating in the Online Studio or engaging in any of the Activities, even in the event of negligence or fault by the Releasees, as defined below, or other third persons, I assume and accept all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting therefrom and will indemnify the Releasees from any and all liability for any damage to property or personal injury to any third party, resulting from my actions during the Online Studio or my engagement in the Activities, while, during or after consumption of the Illicit Substances.
7. 14-Day Free Trial Period. I understand and agree to the following:
(a) I have FOURTEEN (14) days to access the Online Studio for free upon signing up for the Online Studio membership.
(b) The free trial period ends after 14 days and I will be charged a subscription fee to continue access to the Online Studio.
(c) If I do not wish to continue with the subscription to the Online Studio, I can cancel my subscription through my own Account Settings in the Online Studio.
8. Cancellation of Monthly Subscription.
I acknowledge and understand that for the monthly subscription of the Online Studio, I can cancel the renewal of the next month's subscription through my own Account Settings in the Online Studio.
9. Release and Indemnity. I agree on my own behalf (and on behalf of my personal representatives, heirs, executors, administrators, and assigns) (collectively, the “Releasors”) to release, indemnify, hold harmless and discharge the Company together with its employees, directors, representatives, agents, successors and assigns and the Teachers (collectively, the “Releasees”) from any and all claims or causes of action (known or unknown) brought against the Releasees by any person arising out of my actions (including by my negligence) while participating in the Online Studio. I further forever release the Releasees from all actions, demands, claims, and liability of any kind whatsoever that the Releasors now have or may hereafter have for any injury, damages, or death, howsoever caused, that I may sustain in connection with my participation in the Online Studio.
This release and indemnity are intended to apply to any and all activities occurring during the Online Studio including, without limitation, any injury which occurred as a result of (a) my use of the Equipment; (b) negligent instruction or supervision by a representative of the Company or any of the Teachers; (c) any Injury or damage sustained while using the Online Studio.
10. Non-Commercial Use.
(a) I acknowledge and agree that Online Studio is licensed to me for my personal and non-commercial use only.
(b) I acknowledge and agree that when attending live interactive yoga classes through Online Studio I shall always wear proper exercise clothing and use appropriate language when contacting the Teachers and not behave in a manner that makes the Teachers feel uncomfortable or intimidated. The Company has the right to suspend me from using the Online Studio if I do not follow these guidelines.
(c) I acknowledge and agree that the Company grants to me a limited, non-exclusive, non-sublicensable, and non-transferable right to use only the executable version (no source code) of the Online Studio application for my private use. I affirm that I have not been previously suspended or removed from Online Studio. I understand that I may not sell or charge others for the right to use my account in Online Studio, or otherwise transfer my account in Online Studio.
(d) I acknowledge and agree that if I download an application for accessing Online Studio, I may not use such application for any purpose other than the permitted access to the Activities. I understand that for reasons that include, without limitation, system security and stability, Online Studio may need to automatically update, pre-load, create new versions or otherwise enhance the application, and accordingly, the system requirements to use the application may change over time.
(e) I acknowledge and agree that without limiting any other remedies, the Company may limit, suspend, terminate, modify, or delete Accounts or access to Online Studio or parts thereof if I fail to comply, or if the Company suspects such failure, with the Terms or for any actual or suspected illegal or improper use of the Company’s services, without notice to me. I may lose, as a result of termination or limitation of my right to use Online Studio, any additional content or other material associated with my use of Online Studio, and the Company is under no obligation whatsoever to compensate me for any such losses or results.
(f) I affirm that I am solely responsible for all my use of Online Studio and for the security of my equipment. I acknowledge and agree that I may not reveal, share or otherwise allow others to use my password, or use passwords of others. I agree that I am personally responsible for the use of my account, and for all of the communication and activity in connection with the Online Studio resulting from the use of my account.
11. Intellectual Property. Copyright and other intellectual property rights in materials supplied in connection with the Activities on the Online Studio, including (without limitation) class video recordings, content, workbooks, playlists, images, audio recordings, manuals, whether supplied in hard format or online, as well as in any recordings made of all or part of the Activities in Online Studio, remain either with the Company or with the author(s) of individual items. I agree not to act in any way which breaches those intellectual property rights without the prior permission of either of the Company or of the owner of those rights.
12. User Content and Copyright Policy.
(a) I affirm that I may interact with the Teachers through Online Studio and submit messages and/or other content to Online Studio (“User Content”). I acknowledge and agree that the Company does not have any duty to monitor any User Content. However, the Company shall have the right (but not the obligation) to remove any User Content.
(b) I affirm that I am solely responsible for any User Content posted, uploaded, transmitted, stored, or otherwise made available through Online Studio using my account.
(c) I acknowledge that the use of Online Studio (including submitting User Content) may be subject to certain laws, regulations, conditions, and restrictions.
(d) The Company does not claim ownership to any User Content but I grant to the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, deliver, adapt (for technical purposes such as size and resolution scaling), and otherwise exploit any and all User Content that I have submitted to Online Studio for the purposes of providing Online Studio including delivering and communicate the User Content to third parties as per my request. I also grant each recipient, to whom I have addressed any User Content submitted by me in the Online Studio, a non-exclusive license to access such User Content through Online Studio.
13. Third-Party Services and Material.
Online Studio may contain links to websites operated by third parties or feature content that is made available in third-party services and enable me to access and use certain third-party services. Use of any websites operated by third parties, third-party services, and/or content in third-party services shall be subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. The Company assumes no responsibility for such third-party services and/or content in third-party services.
(a) I acknowledge that I have had sufficient time and opportunity to thoroughly review the entirety of this Waiver, understand its contents, and agree to the attestations I have made herein.
(b) I represent and warrant that I am signing this Waiver freely and willfully and not under fraud or duress.
(c) In the event that any provision of this Waiver, or part thereof, shall be found to be void or invalid by a court of competent jurisdiction, such void or invalid provision, or part thereof, shall be deemed to be severed from this Waiver without in any way affecting the validity, enforceability, or effect of any of the remaining provisions, or parts thereof, which shall remain in full force and effect.
(d) The laws of the province of British Columbia and the federal laws of Canada applicable therein will govern this Waiver.
(e) This Waiver may be executed and transmitted via electronic means and, if so executed and transmitted by me, this Waiver is as effective as if I had personally delivered the executed original Waiver to the Company.
HAVING READ THE ABOVE TERMS AND INTENDING TO BE LEGALLY BOUND HEREBY AND UNDERSTANDING THIS DOCUMENT TO BE A COMPLETE WAIVER AND DISCLAIMER IN FAVOUR OF THE RELEASEES I HEREBY AGREE TO THE TERMS & CONDITIONS STATED ABOVE. BY BOOKING INTO ANY OF MEGHAN CURRIE YOGA ONLINE STUDIO CLASSES AND/OR COURSES I HEREBY AGREE TO THE TERMS AND CONDITIONS ABOVE.