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​Terms and Conditions

 
Mindful Owl Yoga Studio Waiver of Liability
 
Assumption of Risk, Waiver of Liability, Indemnification & Disclosure

I, the undersigned, am voluntarily participating in yoga classes or services (hereinafter “yoga”) offered by Yoga Universe, LLC doing business as Mindful Owl Yoga (collectively, hereinafter “Mindful Owl”) and its premises, affiliates, facilities, owners, instructors, volunteers, independent contractors, and any other general staff entirely at my own risk and assume all associated risks.

I understand that yoga requires physical exertion which may be strenuous and may cause or aggravate physical injury. I am fully aware of and willingly assume the potential risks and hazards involved. It is my sole responsibility to consult with a physician prior to and regarding my participation in yoga. I represent and warrant that I am physically fit and have no medical condition that would prevent my full participation in Mindful Owl’s services.

 

Medical Conditions: I understand that yoga may not be suitable for individuals with certain medical conditions including, but not limited to, cardiovascular disease, hypertension, hypotension, diabetes, asthma, epilepsy, pregnancy, and recent surgeries. I agree to disclose any relevant medical conditions to Mindful Owl prior to participating in yoga classes.

At all times while on the Mindful Owl premises or during yoga, I agree to comply with all Mindful Owl policies, rules, and procedures, whether visibly posted, written, verbal, or otherwise.

 

Further, I acknowledge the contagious and harmful nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending Mindful Owl, and that such exposure or infection may result in personal injury, illness, permanent disability, or death. I understand that the risk of exposure or infection of COVID-19 while at Mindful Owl may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Mindful Owl and its customers. I hereby agree to assume full responsibility for any risk, injuries, illness, specifically COVID-19, or damages, known or unknown, which I might personally incur as a result of participation in yoga or by my physical presence at Mindful Owl.

 

Hot Yoga Risks: I acknowledge that hot yoga involves practicing yoga in a heated room, which may pose additional risks such as dehydration, heat exhaustion, and heat stroke. I agree to take necessary precautions, including staying hydrated and taking breaks as needed.

 

I hereby knowingly, voluntarily, and expressly waive, renounce, and disclaim any claim or cause of action I have or may have against Mindful Owl, including but not limited to its owners, officers, directors, partners, volunteers, independent contractors, employees, and staff (collectively, “Releasees”) for any and all illnesses, injuries, damages, or death that I, or my family, spouse, estate, heirs, executors, administrators, and assigns may sustain as a result of my participation in yoga or my presence at Mindful Owl.

For myself, my heirs, successors, assigns, and legal representatives, I forever release, waive, discharge, and covenant not to sue Mindful Owl and/or Releasees for any injury or death caused by their negligence or other acts occurring before, during, or after yoga.

I covenant that I will not hold responsible or sue Mindful Owl or Releasees for any and all illnesses, injuries, damages, or death that I, or my family, spouse, estate, heirs, executors, administrators, and assigns may sustain as a result of my participation in yoga or my presence at Mindful Owl.

 

I hereby expressly represent that I have not been diagnosed with COVID-19 and that I exhibit none of the generally associated symptoms attributed to COVID-19 by the World Health Organization and Centers for Disease Control, and warrant that I am, to the best of my knowledge, in good health. I further represent that to the best of my knowledge I have not been in contact with or exposed to any persons known to have COVID-19. Additionally, for the safety of others and as a matter of prevention, if such a time arises whereby I learn that I have or may have been in contact with someone who has been diagnosed with COVID-19, or I personally become diagnosed with COVID-19, I agree to promptly and directly notify Mindful Owl, in writing, within 24 hours.

 

Photo/Video Consent: I consent to being photographed or filmed during yoga classes and agree that Mindful Owl may use these images or videos for promotional purposes without any compensation to me.

 
Website Term and Conditions

 

By accessing this website, I assume that I accept these terms and conditions in full. If I do not accept all of the terms and conditions stated here, I will not continue to use the Mindful Owl Yoga websites (https://mindfulowlyoga.com and https://mindfulowl.yoga).

The following terminology applies to these Terms and Conditions, Privacy Statement, and Disclaimer Notice and any or all Agreements: “Client,” “You,” and “Your” refer to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company,” “Ourselves,” “We,” “Our,” and “Us,” refer to our Company. “Party,” “Parties,” or “Us,” refer to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of the United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

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Cookies: We employ the use of cookies. By using Mindful Owl Yoga’s websites, you consent to the use of cookies in accordance with Mindful Owl Yoga’s privacy policy. Most modern-day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.

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License: Unless otherwise stated, Mindful Owl Yoga and/or its licensors own the intellectual property rights for all material on Mindful Owl Yoga. All intellectual property rights are reserved. You may view and/or print pages from https://mindfulowlyoga.com and https://mindfulowl.yoga for your own personal use subject to restrictions set in these terms and conditions.

 

You must not:

 

Hyperlinking to Our Content: The following organizations may link to our websites without prior written approval:

  • Government agencies

  • Search engines

  • News organizations

  • Online directory distributors when they list us in the directory may link to our websites in the same manner as they hyperlink to the websites of other listed businesses

  • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our websites.

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These organizations may link to our home page, to publications, or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

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We may consider and approve in our sole discretion other link requests from the following types of organizations:

  • Commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union

  • Dot.com community sites

  • Associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals

  • Accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.

 

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b) the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications, or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

 

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to info@mindfulowlyoga.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

 

Approved organizations may hyperlink to our websites as follows:

  • By use of our corporate name

  • By use of the uniform resource locator (Web address) being linked to

  • By use of any other description of our website or material being linked to that makes sense within the context and format of content on the linking party’s site.

 

No use of Mindful Owl Yoga’s logo or other artwork will be allowed for linking absent a trademark license agreement.

 

iframes: Without prior approval and express written permission, you may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our websites.

Reservation of Rights: We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our websites. You agree to immediately remove all links to our websites upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our websites, you agree to be bound to and abide by these linking terms and conditions.

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Removal of Links from Our Website: If you find any link on our websites or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

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Content Liability: We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

 
Disclaimer

 

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our websites and the use of these websites (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

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  • limit or exclude our or your liability for death or personal injury resulting from negligence;

  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  • limit any of our or your liabilities in any way that is not permitted under applicable law; or

  • exclude any of our or your liabilities that may not be excluded under applicable law.

 

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

 

I have read the above release and Waiver of Liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above and acknowledge that Mindful Owl would not agree to permit me to participate in yoga or any Mindful Owl services or programs if I elect not to agree to these terms. This waiver shall remain in effect until otherwise noted.

 

All sales are final. I understand and agree that any and all consideration paid for yoga or other services is non-refundable; such refunds, if any, are made at the sole discretion of Mindful Owl.​

 

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