Registration | Waiver | Release of Liability
1. In consideration of and as an inducement to my enrollment and payment of fees to become a student of Heather Beltran and Heather Beltran Yoga (hereinafter “HBY”), I represent and agree as follows:
1.1 I (hereinafter “I” or “applicant”) have been examined by a licensed Physician within the past six months and have been found by such physician to be in good health and fully able to perform all Yoga exercises which I am to learn and perform during my enrollment with HBY.
1.2 The use of the classes, workshops, programs or other offerings by HBY or Heather Beltran Yoga Live naturally involves the risk of injury to me and/or my guest(s), whether I or someone/ something else causes it. As such, I understand and voluntarily accept this risk. I agree that HBY, its employees, officers, directors, shareholders, agents, and contractors will not be liable for any injury or damage, including, without limitation, personal, bodily or mental injury, economic loss, or any damage to me resulting from the negligence of HBY, its employees, officers, directors, shareholders, agents, and contractors, or anyone using HBY’s facilities. I waive any claims arising from my use of HBY’s facilities or Heather Beltran Yoga Live whatsoever or from mere presence on the premises of a HBY studio.
1.3 I understand and agree that I will receive instruction in Yoga theory and exercise only and that I hold harmless HBY, its employees, officers, directors, shareholders, agents and contractors for any damage to or theft of personal property on or away from HBY’s premises, or personal injury, including but not limited to bodily injury, disease, disability, death, humiliation, or consequential loss of any kind arising out of my participation in any HBY event or activity.
1.4 In the event that I am pregnant, I will not attend a yoga class until I have discussed the potential risks to me or my unborn child / fetus with my obstetrician. I agree that I will follow my obstetrician’s recommendations and on behalf of myself, my heirs, spouse or other interested party hold harmless HBY for any possible injury to myself or my unborn child / fetus.
1.5 If I am under 18 years of age, I will disclose my age to HBY and provide my signature and the signature of my parent or legal custodian or guardian at the studio prior to taking class.
1.6 Registration fees and payment for classes, workshops, programs or offerings paid hereafter are non refundable.
1.7 HBY may discontinue offering classes or services at anytime.
1.8 HBY reserves the right to remove client(s) from classes or terminate classes or services with client(s) at any time.
1.9 Any dispute arising out of or relating to this Student Application and Hold Harmless Agreement, or the breach thereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the arbitration award may be entered in any court having jurisdiction.
1.10 Any provision not in conformity with the law of any state or governing body having jurisdiction is hereby severed from this contract and the remaining provisions remain enforceable.
2. Release & Waiver of Liability Agreement: In consideration of Heather Beltran and Heather Beltran Yoga, (“HBY”) allowing me to participate in yoga instruction, exercises and other activities conducted or organized by or through HBY in connection with the Heather Beltran Yoga program (collectively, the “Activities”), I agree as follows:
2.1 I acknowledge that the Activities include strenuous physical activities and exercises; participating in the Activities with other participants; participating in the Activities in new and/or unfamiliar places and manners; and exposure to known and unknown dangers in the areas in which the Activities are conducted. I fully understand that the Activities can be HAZARDOUS, and involve risks which could result in BODILY INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to myself (including, without limitation, abnormal blood pressure, fainting, stroke or heart attack), my property, and to other third parties and their property, which may be caused by my own actions or inactions, those of others participating in the Activities, the locations at which the Activities take place, the conditions in which the Activities take place, or the negligence or misconduct of any of the “Releasees” named below; and I fully accept and ASSUME ALL SUCH RISKS. I understand the nature of the Activities, I am participating in the Activities voluntarily, and I am in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. I will discontinue my participation in the Activities if I believe at any time my participation poses a threat to myself or any third party.
2.2 I, on behalf of myself and anyone who obtains any rights from or through me, hereby forever and irrevocably release and discharge HBY; the owners, lessors, lessees and any other individual or entity with any interest in the locations at which the Activities take place; any individuals or entities involved in any capacity with the Activities; any promoters, sponsors or advertisers of any of the foregoing; any of the respective parents, subsidiaries, affiliates, departments; divisions; partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, official, staff, volunteer, employee, representative or agent of any of the foregoing (each a “Releasee” herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to my participation in or attendance at the Activities, including, without limitation, Losses caused or alleged to be CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR MISCONDUCT of any Releasee or otherwise. I will not sue any Releasee or cause any Releasee to be sued regarding any matter released above. I will indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement (this “Release”).
2.3 No statements regarding the effect of this Release, not contained in this Release, shall modify the terms of the Release. In any proceeding or other attempt to enforce, construe or to determine the validity of this Release, the nonprevailing party will pay the reasonable expenses of the prevailing party, including, without limitation, reasonable attorneys’ fees and costs. This Release is binding upon the undersigned, and his/her successors, assignees, subrogors, heirs, next of kin, and legal and personal representatives. If any provision of this Release is unenforceable, it shall be modified to the extent reasonably necessary to make the provision legal, valid and binding, and the remainder of this Release shall remain enforceable to the full extent allowed by law.
3. Heather Beltran Yoga Online | Terms and Conditions
3.1 Heather Beltran Yoga Online
3.1.1 Heather Beltran Yoga Online (the “Program”) is a program of Heather Beltran and Heather Beltran Yoga, (“HBY”). The Program offers HBY members and nonmembers the opportunity to purchase live online HBY yoga classes.
3.2 Your participation in the Program indicates your acceptance of and agreement to all of these Program Terms and Conditions (these “Terms”) as in effect from time to time, including, without limitation the arbitration provision below, and any changes or updates to these Terms.
3.3 You agree that HBY may provide notices, disclosures, and changes or updates to these Terms, and other information relating to the Program by electronic means, including posting these materials online at the Heather Beltran Yoga Website.
3.4 Register on Heather Beltran Yoga website
3.4.1 To register for the Program, and register for and purchase Program classes, go to www.heatherbeltranyoga.com (the “Heather Beltran Yoga Website”) to create an account. To create a Heather Beltran Yoga account, provide all required information and consents, including a valid email address, and complete a participant liability release and any other forms required by HBY. You must be at least 18 years old to create a Heather Beltran Yoga account and participate in the Program.
3.5 Class Purchases and Registration
3.5.1 Purchases may be of a single scheduled Program class (a “drop in” class purchase), or multiple classes.
You may also purchase additional classes on the site once you have registered.
3.5.2 To Register and Pay for Program classes and packages, follow the links and instructions at the Heather Beltran Yoga Website. Required payments must be made at the Program Website at the time of purchase with a valid payment method. All purchases are nonrefundable unless otherwise required by applicable law. Program class credits have no cash value. Program classes are separate from any other programs, classes, memberships and other offerings of HBY, and are not included.
3.5.3 Class Access Once payment is received, participants will receive and email with a link that includes the class access code and password. If you do not receive email within 24 hours, please contact us. Emails with access codes may not be sent out within 60 minutes of class start times. Class registration, and class access codes and passwords, are nontransferable. Internet compatible media player with available Program applications as specified by HBY are required. Subject to normal Internet and application access and usage charges imposed by third parties.
3.6 Class Changes | Cancellations & Refunds | Recording
Program class credits have no cash value. Payments are non-refundable.
3.6.1 In the event that we need to cancel a class or program for any reason, you will be notified and you may use your credit toward a future class or program of equal value. In the event that either Heather Beltran or HBY are no longer operationable, any payments and or credits will have no cash value.
3.6.2 Classes are live and may be recorded, and HBY reserves the right to cancel and reschedule classes for personnel, technical or other issues.
4. Changes to Program Terms |Third Party Providers| Liability
4.1 Changes to Program Terms
4.2 HBY may change or update these Terms, or modify, suspend or terminate the Program and its features, in whole or in part, at any time, without notice. In the event a Program participant has an unexpired Program class credit in the participant’s Heather Beltran Yoga account as of the effective date of Program termination, HBY reserves the right (but does not have the obligation) to convert any or all such credits to HBY in-studio/in person yoga drop in class credits and/or class pack class credits.
4.3 HBY may provide notices, disclosures, and changes or updates to these Terms, and other information relating to the Program, including modification, suspension and termination of the Program, by electronic means, including posting these materials online at the Heather Beltran Yoga Website. The Program is subject to the Terms then in effect, and it is the responsibility of the participant to review the current Terms.
5. Third Party Providers
5.1 Program classes are delivered by Zoom Video Communications, Inc. (“Zoom”), which is a third party provider of the Zoom application. HBY is not responsible or liable for any aspect of the Zoom application, or the operation or use thereof. See www.zoom.us for information regarding Zoom and the Zoom application. HBY is not a party to any user agreement or terms and conditions between a participant and Zoom, including, without limitation, any privacy policy or terms of use. Zoom is solely responsible for all matters regarding the Zoom application, including, without limitation, application functionality, terms of service, and any claims that you may have related to the Zoom application or the operation or use thereof. Third Party Provider subject to change at the discretion of HBY.
6. Limitation of Liability
6.1 HBY shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with the Program, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if HBY or its authorized representatives have been advised of the possibility of such damages. In no event shall HBY have any liability for unauthorized access to, or alteration, theft or destruction of any of a participant’s Heather Beltran Yoga account through accident, misuse, or fraudulent means or devices by participant or any third party, or as a result of any delay or mistake resulting from any circumstances beyond HBY’s reasonable control.
7. Governing Law
7.1 These Terms and any disputes arising under or related to them will be governed by United States federal law and the laws of the State of California, without reference to a state’s conflict of law principles
8. Arbitration
8.1 Please review this Arbitration provision carefully. It provides that any dispute may be resolved by binding arbitration. Arbitration replaces the right to go to court and the right to have a jury decide a dispute. Under this provision, your rights may be substantially limited in the event of a dispute. You may opt out of this Arbitration provision by following the instructions below.
8.2 By accepting these Terms, unless you opt out by following the instructions below, you agree that either you or HBY, at HBY’s sole discretion, can choose to have any dispute arising out of or relating to this Program, including, without limitation, these Terms, classes, transactions, your Heather Beltran Yoga account or your relationship with HBY, resolved by confidential, binding arbitration. If arbitration is chosen by any party, neither you nor HBY will have the right to litigate that dispute in court or to have a jury trial on that dispute. Pre-arbitration discovery will be permitted only as allowed by the arbitration rules. In addition, you will not have the right to participate as a representative or member of any class of claimants pertaining to any dispute subject to arbitration. The arbitrator’s decision will generally be final and binding. Other rights that you would have in court may also not be available in arbitration. It is important that you read the entire Arbitration provision carefully before accepting the terms of this Agreement.
8.3 For purposes of this Arbitration provision, “dispute” shall be construed as broadly as possible, and shall include any claim, dispute or controversy (whether in contract, regulatory, tort or otherwise, whether pre-existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to this Program; these Terms; classes; transactions; your Heather Beltran Yoga account; your relationship with Heather Beltran and HBY; the actions of yourself, HBY, or third parties; or the validity of these Terms or this Arbitration provision. It includes disputes brought as counterclaims, cross claims, or third-party claims. A party that has brought a dispute in a court may elect to arbitrate any other dispute that may be raised in that litigation. Disputes brought as part of a class action or other representative basis are subject to arbitration on an individual (non-class, non-representative) basis. IF YOU DO NOT OPT OUT, THEN YOU WILL HAVE WAIVED YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THIS AGREEMENT. In this Arbitration provision, the words “we,” “us,” and “our” shall include HBY and any assignees of any of HBY’s rights, as well as HBY’s and its assignees’ respective affiliates, parents, subsidiaries, franchisees, vendors, suppliers, and further assigns.
8.4 Any arbitration under this Arbitration provision shall be administered by the American Arbitration Association (“AAA”) under the rules applicable to the resolution of consumer disputes in effect when the dispute is filed. The arbitrator shall have no authority to hear any disputes on a class action or representative basis. Neither you nor HBY may consolidate or join the disputes of other persons who may have similar disputes into a single arbitration. You may obtain rules and forms by calling the AAA at 1-800-778-7879 or visiting www.adr.org. Any arbitration hearing that you attend will take place in the federal judicial district where you reside. HBY will not elect arbitration of any dispute that is filed as an individual matter by you in a small claims or similar court, so long as the dispute is pending on an individual basis in that court.
8.5 A single, neutral arbitrator will decide any disputes. The arbitrator must be either a retired or former judge or a lawyer with no less than 10 years’ experience, selected in accordance with the AAA’s rules. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act (“FAA”) and applicable statutes of limitations, will honor claims of privilege under applicable law, and will have the power to award to a party any damages or other relief provided under applicable law. Any party may choose to have a hearing and may choose to be represented by counsel. The arbitrator will issue an award in writing and, upon request, will provide a written explanation for the award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
8.6 The party initiating an arbitration must pay the AAA’s initial filing fee, although you can ask the AAA to waive the filing fee and we will consider your request that we pay the filing fee on your behalf. HBY will pay any subsequent administration fees imposed by the AAA, and HBY will pay the arbitrator’s fee for up to one day of hearings. All other fees will be allocated as provided by the AAA’s rules and applicable law. If you prevail in arbitration, HBY will reimburse you any fees paid to the AAA. However, even if HBY prevails, it will not seek reimbursement from you of any fees HBY paid to the AAA unless the arbitrator determines that your dispute was brought in bad faith. Each party shall bear its own costs of attorneys, experts, and witness fees, regardless of which party prevails in the arbitration. However, if applicable substantive law gives you the right to seek reimbursement of attorneys’ fees or other fees or costs, then that right shall also apply in the arbitration.
8.7 You have the right to opt out of this Arbitration provision, but you may only do so in the first 30 days after registering for a Heather Beltran Yoga account. In order to opt out, you must write us at Heather Beltran Yoga heather@heatherbeltranyoga.com You must inform us of your decision to opt out, and sign the notice. This Arbitration provision shall survive termination of your participation in the Program. This Arbitration provision is made in connection with interstate commerce, and shall be governed by the Federal Arbitration Act, 9 USC Sections 1 through 16. If any part of this Arbitration provision is determined to be void or unenforceable, then this entire Arbitration provision shall be considered null and void; however, it shall not affect the validity of the rest of this agreement.
9. Force Majeure
9.1 Heather Beltran Yoga and HBY is not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill a Program benefit, including any class, in the event the Program or its operations are affected by any acts of god, any action, regulation, order, or request by any governmental or quasi-governmental entity, equipment failure, actual threatened terrorist acts, weather, natural phenomenon, war (declared or undeclared), fire, embargo, labor dispute or strike, labor or material shortage, transportation, interruption of any kind, civil disturbance, insurrection, riot, public health or safety issues or matters, or any laws, rules, regulations or orders or other action adopted or taken by any national, federal, state, provincial, or local government authority, or any other cause, whether or not specifically mentioned above.
10. Notices
10.1 Use of the Heather Beltran Yoga is subject to HBY’s privacy policy and terms of use located at www.heatherbeltranyoga.com
10.2 HBY does not warrant uninterrupted or error-free operation of the Program Website or Program classes or any related service. HBY is not responsible for technical failures of any kind, including but not limited to, the malfunctioning of any computer online systems or applications, media or computer equipment, website, server provider, network, hardware or software; or the unavailability or inaccessibility of any website, application or service. HBY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OF ARISING FROM COURSE OF PERFORMANCE OR DEALING, USAGE OR TRADE.
10.3 Each Program class and other information is owned by HBY and subject to all copyright, trademark and other intellectual property laws, rules and regulations. Any reproduction, distribution, or public performance of all or part of any class or other information is expressly prohibited unless HBY has explicitly granted its prior written consent. All rights to the Program class and other information are reserved by HBY.
11. Precedence | Waiver | Interpretation
11.1 If and to the extent that there is any conflict among or between any website or website materials (including the Heather Beltran Yoga Website and FAQs), or other Program marketing, promotion, communication or descriptive materials and these Terms, the language in these Terms will control. HBY’s failure to or decision not to enforce any provision in these Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision.
By electronically signing or otherwise electronically accepting and agreeing to this Registration | Release | Waiver of Liability Agreement | Terms and Conditions, you certify that you have carefully reviewed, fully understand and agree to the above.
