These mbawalayoga Terms of Use (“Terms”) constitute a binding agreement between you and mbawalayoga, Inc. (“mbawalayoga”, “we”, or “us”) with respect to your access to or use of the Service (as defined herein). The Service is offered subject to your acceptance, without modification, of all terms and conditions set forth herein.
Please read these terms carefully. by clicking “i accept”, by accessing, using, or participating in the service or any portion thereof in any manner, or by purchasing any membership plan (as defined below), you: (a) acknowledge that you have read, understand, and agree to be bound by these terms and by such other terms, conditions, policies, and documents that may be incorporated herein by reference, including, without limitation, the mbawalayoga privacy policy (collectively, the “agreement”); (b) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside); and (c) if you are accepting these terms on behalf of a company or other organization, represent and warrant that you have the organizational and legal authority to accept these terms on such company’s or other organization’s behalf and to bind such company or organization.
The Service
The scope of your access to the Service and any associated Trainings may be determined or otherwise limited by the terms of any applicable membership plan selected and purchased by you electronically through the Website (a “Membership Plan”) or, if you are an Employee User, by the Membership Plan purchased by the applicable Enterprise Purchaser (as defined below). We may modify, terminate, or replace, in whole or in part, the Service or any aspect thereof (including any classes offered through the Service) or any Membership Plan from time to time in our sole discretion and without prior notice. You should carefully review the scope and limitations of any Membership Plan prior to purchase. Certain services such as workshops or one off sessions are available for purchase outside of a Membership Plan.
Assumption of Risk
You understand and acknowledge that your use of the Service (or, if you are an Enterprise Purchaser, your Employee Users’ use), including any participation in any Training, may involve vigorous physical exercise and activity that carries a risk of, and could result in, injury to you (or, if you are an Enterprise Purchaser, to your Employee Users). Some of these risks cannot be eliminated regardless of the care taken to avoid injuries. Without limiting the generality of the foregoing, you recognize and acknowledge, on your own behalf and, if you are an Enterprise Purchaser, on behalf of your Employee Users, that strenuous physical activity such as yoga, including where practiced in connection with a Training, may increase the risk of various potential injuries, including but not limited to (i) minor injuries such as scratches, bruises, and sprains; (ii) major injuries such as joint or back injuries, heart attacks, rhabdomyolysis, seizures and concussions; and (iii) catastrophic injuries including paralysis and death. All Teachers, Students, and Employee Users should seek the advice of a physician prior to beginning any physical exercise program, including PARTICIPATING IN any Training. Do not participate in any Training if you have any physical or medical condition that would prevent you from participating in the Training or that creates a risk of injury to you.
If you are a participant in a Training, you should share with your Teacher details relating to your level of fitness and any medical conditions or physical limitations that may impact your ability to participate in any Training. If mbawalayoga or any Teacher determines, in its sole discretion and subjective opinion, that your participation in any Training or other use of the Service may pose a risk of physical harm to you, we may deny you access to the Training or Service until you furnish to us an opinion letter from a licensed physician, obtained at your sole cost and expense, confirming your physical fitness to undertake the Training and Service and addressing any specific health or safety concerns raised by mbawalayoga or your Teacher. Notwithstanding the foregoing, however, you understand and acknowledge, on your own behalf and, if you are an Enterprise Purchaser, on behalf of your Employee Users, that any permission granted to you (or any Employee User) to access the Service and any Training does not constitute an endorsement by mbawalayoga of your (or any Employee User’s) fitness to participate in the Service or any Training and should not be interpreted as indicating an absence of risk.
Trainings
If you are a Student or Enterprise Purchaser and have registered an Account with us, you can select from the list of Teachers that provide Training and other services via the Service. Notwithstanding the foregoing, your use of the Service and your access to Trainings is subject to any terms or restrictions of your applicable Membership Plan or any free offering made available to you by mbawalayoga, including, without limitation, as may relate to the type and frequency of Trainings available to you. You are solely responsible for arranging the dates and times of any Training sessions (“Sessions”) with your Teachers and for rescheduling any Sessions that are canceled.
Content from other users
The Service may contain content provided by other mbawalayoga users, including other Teachers, Students, Enterprise Purchasers, and/or Employee Users (“Participant Content”). mbawalayoga is not responsible for and does not control Participant Content, including, without limitation, the accuracy or completeness of the same. You acknowledge and agree that your use (and, if you are an Enterprise Purchaser, the use by your Employee Users) of Participant Content and your (and if you are an Enterprise Purchaser, your Employee Users’) interaction with other users through the Website, and/or the Service is at your own risk.
Payments
Your access to the Service pursuant to a Membership Plan may be preceded by a free trial (a “Trial”). We reserve the right, in our sole discretion, to determine your eligibility for a Trial. If you receive a Trial, you may only use those portions of the Service (and participate in those number and types of Trainings) included in your Trial, only for the duration of that Trial, and only for the purpose of evaluating the desirability of purchasing the Service. Upon the expiration of any Trial, your ability to schedule and participate in Trainings will cease, except where you have purchased and/or registered for a Membership Plan in accordance with the terms hereof.