Terms and Conditions for Participation in Prerecorded Yoga Classes

YOGA TEACHER LIABILITY STUDENT WAIVER AGREEMENT

Terms of use

These Terms of Use (“Terms”) govern the use of pre-recorded video yoga classes with Ashlee Duttry (“the Service”) and govern the relationship between you (“You” or “User”) and Ashlee Duttry (“the Teacher”) regarding your use of the Service. By accessing or using the Service You agree to the Terms and accept to be bound by them. These Terms affect your legal rights and obligations, so if you do not agree to the Terms, do not use the Service. Medical Disclaimer. Before starting any yoga or other exercise program through the Service, consult your physician to determine if such program is right for your needs. Ashlee Duttry is not a medical organization and cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while using the Service. Nothing contained in this Service should be construed as any form of such medical advice or diagnosis. Yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions. By participating in the Service, You affirm that you alone are responsible to decide whether to practice yoga.

By using the Service, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Ashlee Duttry, you will not exceed your limits while performing such activity, andYou will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time the Teacher may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.

You understand that yoga includes physical movements as well as an opportunity for relaxation, stress re­education and relief of muscular tension. Participation in yoga class includes, but is not limited to, participation in meditation techniques, yogic breathing techniques, and performing various yoga postures. Yoga postures, or asanas, are designed to exercise every part of the body―stretching and toning the muscles and joints, the spine and the entire skeletal system. They also work on the internal organs, glands and nerves. Yoga incorporates sustained stretching to strengthen muscles and increase flexibility. Yoga is an individual experience.

As is the case with any physical activity, the risk of injury, even serious or disabling, or death, is always present and cannot be entirely eliminated. By participating, You indicate your acknowledgment and understanding that in yoga class you will progress at your own pace. If You experience any pain or discomfort, You will listen to your body, adjust the posture and ask for support from the Teacher. You will continue to breathe smoothly. If at any point You feel overexertion or fatigue, You will respect Your body’s limitations and You will rest before continuing yoga practice. By participating in the service, You acknowledge that participation in yoga classes exposes you to a possible risk of personal injury. You are fully aware of this risk. You hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident and/or illness during any yoga class.

You expressly waive and release any claim that you may have at any time for injury of any kind against Ashlee Duttry, or any person or entity involved with Ashlee Duttry, including without limitation her directors, principals, teachers, independent contractors, employees, agents, contractors, affiliates and representatives. You become a user of the Service by logging into the class. The Service is intended for people who are at the age of majority (usually 18 years old or older). Persons under that age shall provide a separate consent by their legal guardian.

You hereby take action for yourself, your executors, administrators, heirs, next of kin, successors and assigns as follows: You (a) irrevocably WAIVE, RELEASE AND DISCHARGE FROM ANY AND ALL LIABILITY for Your death, disability, personal injury, property damage, property theft or actions of any kind which hereafter may occur to me, including my traveling to and from where You are participating, Ashlee Duttry, and/or the owner(s) of the property, who are hosting these classes and where sessions are being held, and each of their directors, officers, employees, volunteers, representatives and agents; and (b) INDEMNIFY, HOLD HARMLESS AND AGREE NOT TO SUE the entities or persons mentioned in this paragraph as to any and all liabilities or claims made as a result of participation in the yoga classes, whether caused by the negligence of Ashlee Duttry, or otherwise.

By participating, You further acknowledge that You shall not now or at any time in the future bring any legal action against Ashlee Duttry, and/ or the owner(s) of the property where the classes are being conducted; and that this waiver is binding on You, your heirs, your spouse, your children, your legal representatives, your successors and your assigns. By participating, You verify that You are physically fit to participate in yoga classes and a licensed medical doctor has verified your physical condition for participation in this type of class.

When participating in activites related to the Service, You shall always wear proper exercise clothing and use appropriate language when interacting and not behave in a manner that makes the instructor feel uncomfortable or intimidated. Ashlee Duttry has a zero-tolerance policy on any harassment and will report all cases to police. Ashlee Duttry has the right to suspend You from using the service if you do not follow these guidelines.

Ashlee Duttry may make available to users, for free or upon payment, content associated with the Service, such as videos or pictures (“the Content”).

You are hereby granted a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Content only in connection with the usage of the Service. Any use of the Service, of the Content other than as specifically authorized in the Terms, is prohibited and will terminate the license to use the same. For avoidance of doubt, You have no right to make available to third parties any content originating from the Service.

If you interact with the Teacher and other Users in activities related to the Service including but not limited to submitting messages and/or other content to the Service (“User Content”). Ashlee Duttry does not have any duty to monitor any User Content. However, Ashlee Duttry shall have the right (but not the obligation) to remove any User Content that fails to comply with the Terms. You are solely responsible for any User Content posted, uploaded, transmitted, stored or otherwise made available in relation to the Service using Your Account. You acknowledge that use of the Service and in activities you participate in related to the Service (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions.

If You are pregnant or become pregnant or are post­natal, Your participation verifies that you are participating in yoga classes with Your doctor’s full approval. You realize that You are participating in yoga classes at Your own risk.

The Student Waiver Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. You acknowledge that this Student Waiver Agreement form will be used by the persons or entities being released in the yoga classes and that it will govern Your actions and responsibilities in said classes.

By participating, You hereby certify that You have read this document; and, You understand its content. You are aware that this is a release of liability as well as a contract.

You also understand during the in activities related to the Service, You may be photographed or videoed. You agree to allow Your photo, video or film likeness to be used for any legitimate purposes by the Teacher, Ashlee Duttry, or the owner(s) of the property.

You affirm that You are of the age of 18 years or older, or You have expressed written consent from Your parent or legal guardian agreeing to the terms of this contract, and that You are freely consenting to this agreement. You certify that You have read this agreement, that You fully understand its content and that this release cannot be modified orally. You are aware that this is a release of liability and a contract and that by participating in the class You are consenting to and accepting of all the terms in this agreement, and You are accepting these terms of your own free will. You are expressing that you have been given the opportunity to review Ashlee Duttry’s privacy policy, and that you understand and accept all conditions in the privacy policy.