Terms of Service

 Welcome!

The following Terms of Service (the “Terms”) shall govern your use of the Services (as defined herein). By using the Services you agree to be bound by these Terms.

Contractual Terms

1. The Services. We shall provide you with yoga instruction substantially in accordance with the class descriptions set forth on https://yogasukham.com/class-description (the “Services”).

2. Term and Termination. These Terms shall remain in effect for so long as you use the Services and may be updated from time to time. Your continued use of the Services after such updates shall be deemed acceptance of the same.

3. Payment. All Services are offered at the rate set forth in the applicable order form..

4. No Guarantees. The Services are provided “as-is” and Yogasukham does not promise, warrant, or otherwise guarantee the results or effectiveness of the Services.

5. Ownership of Materials. Yogasukham retains all rights, title, and interest, including without limitation any intellectual property rights, to any videos, documents, or other tangible materials (“Yogasukham Content”) provided to you in connection with the Services. Yogasukham grants to you a limited and non-transferable license to make use of Yogasukham Content solely for the purposes of participation in the Services during the Term..

6. Media Release. You hereby grant YogaSukham the right to display, reproduce, create derivative works of, combine with other materials, or otherwise use your image, likeness, photos, video content, and audio recordings captured of you on the premises, while participating in live streamed online classes, or that you share with us for any legitimate business purpose, including without limitation any marketing and sales activities throughout the world and in perpetuity. You also release us from all claims you may have relating to such use. In the event you do not wish YogaSukham to use your image as described herein, you may provide written notice to YogaSukham and we will be happy to accommodate your request.

7. Before using the Services you must sign our Waiver Agreement form. Please read it and make sure you understand it.

8. You agree to indemnify, defend, and hold harmless YogaSukham, its employees, contractors, and owners from any and all claims, demands, suits, or damages brought by any third party arising out of your breach of this Agreement.

9. Limitation of Liability. To the maximum extent permitted by applicable law, Yogasukham shall have no liability for any incidental, indirect or consequential damages arising out of or in any way connected with your use of the Services irrespective of the theory of liability. In no event shall Yogasukham’s aggregate liability exceed the fees actually paid by you to Yogasukham in the six (6) months prior to the incident giving rise to liability.

10. Force Majeure. Yogasukham shall not be liable for failure to make Services available to you in the event that Yogasukham is unable to do so as a result of an act of God, act of government (whether federal, state, or local government), flood, fire, earthquake, civil unrest, act of terror, labor dispute, internet service provider failure or delay (in the case of live streamed classes), public health emergencies, pandemics, or for any other reason reasonably outside the control of Yogasukham.

11. Choice of Laws and Venue. These Terms will be governed exclusively by the laws of the State of California. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the state and federal courts in Alameda County, California.

12. Severability. If any provisions of these Terms are held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions in the Agreement will remain in full force and effect.

13. Entire Agreement. These Terms constitute the entire agreement between the parties with respect to their subject matter and replaces any prior agreements.

Waiver of Breach. The waiver by YogaSukham of any breach by you of any provision of these Terms shall not constitute waiver of any subsequent breaches by you.

15. Notice. For the purpose of this Agreement, e-mail will suffice for written notice when required as set out above.

16. Headings. The headings used in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.