adelesyoga.com is an online studio and yoga community to support your practice wherever you are in the world. I am so pleased you have decided to join me – please read the following important terms and conditions before you commit to signing up.
This contract sets out:
● your legal rights and responsibilities;
● my legal rights and responsibilities; and certain key information required by law. The intention is that it protects both of us and takes care of the business side of things so that we can get on with the yoga! In this contract:
● ‘I’, ‘me’ or ‘my’ means Adele Wills trading as ‘adelesyoga’ of Adele Wills Ltd, Company Number 08175374, registered office address Horley Green House Horley Green Road, Claremount, Halifax, West Yorkshire, HX3 6AS; and
● ‘You’ or ‘your’ means the person signing up for and using my resources. If you would like to speak to me about any aspect of this contract, please contact me by e-mail at adele@adelesyoga.com
1 Introduction
1.1 If you sign up to my classes you agree to be legally bound by this contract.
1.2 If you use any of my free resources (for example a free trial, free sessions or any other resources I may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment and consumer rights legislation.
1.3 When signing up to my classes or using any resources you also agree to be legally bound by my website terms of use and privacy policy;
2 Information I give you
2.1 Certain sections of this contract only apply to you and me if you are a ‘consumer’, that is if you are an individual acting for purposes which are wholly or mainly outside your business or profession. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that I must give you certain key information before a legally binding contract of sale between you and me is made (see the summary box below). I shall give you this information in a clear and understandable way either in this contract. I shall give you information on: who I am, where I am based and how you can contact me, the price of the resources available, the arrangements for payment, the timeframes of how to exercise your right to cancel a booking, my complaint handling policy.
3 Ordering services from me
3.1 Below, I set out how a legally binding contract between you and me is made:
3.2 You sign up for resources on the website by filling in the form and clicking on the payment link.
3.3 When you make a booking, I shall acknowledge it by email.
4 The classes and resources
4.1 If you are a consumer you have protection under consumer rights legislation, including that I must provide the resources with reasonable care and skill.
4.2 The availability of the resources might be affected by events beyond my reasonable control. If so, there might be a delay before I can make the resources available again. I shall make reasonable efforts to limit the effect of such events, I shall keep you informed of the circumstances and I will provide access as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, IT issues and problems with hosting providers.
4.3 In the event that resources (or any content added by you or other members) are not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, I shall have no liability in any circumstances.
4.4 When you gain access to the resources, the resolution and quality of the resources you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While I use all reasonable endeavours to provide a quality viewing experience, I cannot make any guarantee as to the resolution or quality of the content you will receive.
4.5 In order to gain access to the resources, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements of the platform and software from time to time. I may change the requirements for compatible devices from time to time and whether a device is (or remains) compatible may depend on software or systems provided by the device manufacturer or other third parties. As a result, devices that are compatible when you sign up may cease to be compatible in the future.
4.6 I reserve the right to make changes to the resources from time to time. The availability of the content, as well as platforms and compatible devices, may change. I also reserve the right to replace or remove any resources on the website, and to otherwise make changes in how I operate it.
4.7 No Sharing of login details. You may not share, give or sell your login details to any other person or entity. Excessive viewings or logins by any member may be treated as fraudulent use of the site, in which case it will result in the immediate cancellation of access. When you register within the site, you agree to take all actions possible to protect your login details from fraudulent use.
4.8 The resources are not suitable for persons under 16 years of age, and by registering you confirm that you are 16 years of age or older.
5 Your responsibilities
5.1 You will pay the fees for the resources in accordance with the resource description.
5.2 Account and Security. You are responsible for maintaining the confidentiality of your account and other login information, and are fully responsible for all activities that occur under within your account. You agree to: (a) immediately notify me of any unauthorised use of your account or any other breach of security; and (b) ensure that you log out from your account at the end of each session. Each registration is for a single user only. You may not use another member’s account without prior authorisation from me.
5.3 You acknowledge that deciding how to handle any issues which may arise as a result of your registering for the resources, the choices you make in relation to them and whether or not you follow through on any information I provide is exclusively your responsibility. For this reason, although I fully expect great results to come from your participation in the resources, I cannot guarantee any specific outcomes or that all members will achieve the same results.
5.4 The resources do not treat mental disorders and are not a substitute for counselling, therapy, mental health care or medical treatment of any kind. By registering for the resources you confirm that you will not use the content in place of any form of counselling, therapy or medical treatment.
5.5 The resources do not in any way constitute specific advice or recommendations for your personal situation. They are for training and guidance only. I am not able to advise you on your individual circumstances.
6 Physical exercise – risks and responsibilities
6.1 I take my responsibility as a yoga teacher seriously and it is important before you take part in my online sessions that we have a clear understanding of where the boundaries of that responsibility lie.
6.2 During our session, I shall only provide instruction that I am qualified to give and I shall use all reasonable care and skill. Your wellbeing is at the heart of everything I do.
6.3 However, any information or guidance I provide is not a substitute for the consultation, diagnosis or medical treatment of your doctor or healthcare provider.
6.4 You must not rely on any information or guidance I provide to you as an alternative to medical advice from your doctor or healthcare provider and I expressly exclude all responsibility, and shall have no liability, for any damages, loss, or injury suffered by you or any third party as a result of your participation in my sessions or your reliance on any information or guidance I provide to you.
6.5 If you have any specific questions or concerns about any medical matter, you should consult your doctor or healthcare provider as soon as possible. If you think you may be suffering from any medical condition, you should seek immediate medical attention from your healthcare provider. Do not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information or guidance I provide to you.
6.6 You acknowledge that any form of exercise contains a degree of risk. It is recommended that you check with your GP or healthcare provider before you start any new exercise programme. In particular, if you are (or might be) pregnant you acknowledge that this has its own inherent risks and by taking part in my online sessions you confirm that you have been given permission by your GP or other healthcare provider to practice yoga and you do not know of any reason why you should not take part in my sessions.
6.7 Nothing in my teaching should cause you to experience any pain. If you experience pain from any of the poses you should stop immediately.
6.8 I shall provide you with a variety of alternative positions during my online teaching and it is your responsibility to listen to your body and not to push it beyond its limits. You should stop whenever you wish, especially if you experience any discomfort.
6.9 You understand that it is your responsibility to judge your physical and mental capabilities for physical exercise. It is your responsibility to ensure that by following the videos and other resources within the site, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have
7 Fees and payment
7.1 The fees for the resources are set out in the product descriptions.
7.2 I may increase the price of the resources in future, in which case I will notify you via email.
7.3 I am not able to refund to you any of the payments you have made in advance.
7.5 Payment is via the payment button on the website or as agreed between us.
8 Intellectual property
8.1 All intellectual property in the materials and resources I provide to you via the site or otherwise belongs to me, or has been licensed to me, and unless we agree otherwise you can only use those materials and resources for your own personal use and you may not share them with third parties.
8.2 Unless I explicitly state or agree otherwise in writing, the resources and materials I provide to you may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited other than for your own personal use in accordance with this agreement.
9 How I may use your personal information
9.1 I shall use the personal information you give to me to:
9.1.1 provide the registration;
9.1.2 process your payment for the resources; and
9.1.3 inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me. For full details of how I deal with your personal data, see my privacy policy.
9.2 All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.
9.3 I shall not give your personal information to any third party.
10 Resolving problems and complaints
10.1 In the unlikely event that there is a problem with the resources, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
10.2 I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
10.3 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
11 Cancelling and rescheduling your bookings
11.1 Online payment for classes must be received prior to the scheduled class date to ensure your booking
11.2 Cancellations later than 24 hours prior to class start time for any reason will not be credited. The cancellation policy applies to all users.
11.3 If you have a class pass and cancel a class with less than 24 hours notice or fail to turn up you will forfeit one class from your pass.
11.4 Late arrivals will not be allowed to attend a live class to ensure a peaceful session for those on time.
11.5 Cancellations earlier than 24 hours prior to class start time will be able to reschedule and move their credit towards a future class.
- All payments are non-refundable.
11.7 One off purchases such as the class passes are non-refundable, non transferable and must be used within the expiry date provided when you make the initial purchase.
11.8 Prices are subject to change without prior notice.
11.9 Workshops need to be cancelled a minimum of 14 days prior to the workshop date to receive a full refund, no refunds given after.
11.10 Classes may be cancelled, class times may be altered or the days on which they operate may change. No refunds are given because of timetable changes.
11.11 Class Passes cannot be extended beyond their expiration date. If there is credit remaining on a Class Pass and it expires, the credit will no longer be valid.
12 Limit on my responsibility to you
12.1 Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury caused by negligence), I am not legally responsible for any:
12.1.1 losses that: (a) were not foreseeable to you and me when the contract was formed (b) that were not caused by any breach of these terms on my part
12.1.2 business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
12.2 My total liability to you is limited to the amount of fees you have paid for the membership.
13 Disputes
13.1 I shall try to resolve any disputes with you quickly and efficiently.
13.2 If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
13.3 The laws of England and Wales will apply to this contract.
13.4 In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage each other or my website, products and services.
14 Entire agreement
14.1 These terms constitute the entire agreement between us in relation to your purchase.
15 Third party rights
15.1 No one other than a party to this contract has any right to enforce any term of this contract.
