Terms of Use/Waiver
Terms and Conditions/Terms of Use
Agreement between User and www.thenewtownyogacenter.com
Welcome to www.thenewtownyogacenter.com. The www.newtownyogacenter.com website (the "Site") is comprised of various web pages operated by Aline Marie Body Art & Yoga LLC ("Aline Marie Body Art & Yoga"). www.thenewtownyogacenter.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.thenewtownyogacenter.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.thenewtownyogacenter.com is an E-Commerce Site.
The purpose of this website is to offer yoga and meditation instruction and guidance for anyone over the age of 18. The videos offered online are for educational purposes only and are are not designed to treat, diagnose or prevent any previous or current medical or mental health conditions. The videos are in essence rented to view with a monthly subscription to have access to them. Some dedicated yoga and meditation courses allow for downloads of the videos, this is on a case by case basis and course dependent to be determined by Aline Marie.
Privacy
Your use of www.thenewtownyogacenter.com is subject to Aline Marie Body Art & Yoga's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.thenewtownyogacenter.com or sending emails to Aline Marie Body Art & Yoga constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Aline Marie Body Art & Yoga is not responsible for third party access to your account that results from theft or misappropriation of your account. Aline Marie Body Art & Yoga and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Aline Marie Body Art & Yoga does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.thenewtownyogacenter.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Rules for all Subscriptions, classes, series, workshops, events, retreats and trainings: There are no refunds, returns, exchanges or credits for unused, unattended, forgotten, missed classes, series, events, workshops, retreats, trainings or when applicable unwatched/unused memberships or video subscriptions, nor on subscriptions canceled AFTER or ON the most recent renewal date/same date as your next payment. Once your payment processes there are no refunds. You are 100% responsible to know when your subscription payment renewal starts and/or when your class passes or series expires and ends and in the case of a membership subscription or video subscription to make arrangements to cancel according to the terms of your subscription plan. Declined or expired cards result in immediate loss of access to the channel and content. To head to your account on the website and change your card information. Please email aline@thenewtownyogacenter.com if you have any issues setting that up. There are no refunds on classes, series, or events purchased, unless otherwise noted. Studio credit or a refund may be offered if an event/class/series needs to be canceled. There are no make ups for missed series classes in alternate or future series, classes or events.
Onsite or Off site Class Waiver
By attending classes with Aline Marie or with alternate teachers you understand that the yoga classes provided by Aline Marie, Body Art & Yoga LLC, held in the Newtown Yoga Center at 78 South Main Street, Newtown, CT (“Yoga Classes”), at 6 Glen Road, 2nd Floor, Sandy Hook, CT and at Castle Hill Farm, Newtown, CT or any other off site location, are intended to help to enhance relaxation, reduce stress, reduce pain caused by muscle tension, increase range of motion, improve circulation and offer a positive experience for the body and mind, but are not guaranteed to do any of that.
I understand and acknowledge that each of the following statements is true:
• Yoga is not a substitute for medical treatment or medications.
• I should continue to work with my doctors and other caregivers to treat any pain or medical conditions I may have.
• If I am sick, running a fever, think I might be sick in any capacity, cold, allergies, virus or otherwise I will not attend classes at the studio.
• If I have been in contact with someone known to have the Covid-19 virus I will not attend classes at the studio indoors or outdoors and self quarantine for 14 days and gain appropriate testing to determine whether I have the Covid-19 virus or not.
• The yoga teacher(s) do not diagnose illness or disease nor prescribe or provide medications
• Many classes at the studio will be recorded and my name and likeness may be heard on video. If you are in the video frame your likeness may be video recorded by proximity. You understand this and release Aline Marie and The Newtown Yoga Center from any and all liability or financial compensation if your name or likeness is heard or seen on video or audio and used online or for promotional marketing. You may request at any time that your name and likeness not be used or shared online or for promotion.
• You may refuse any hands-on adjustments that may be offered to at any time.
• You have informed the yoga teacher(s) of all known relevant to the class physical conditions, medical conditions and, if applicable, medications you might be taking if necessary or relevant to your participation in the classes.
• You will keep the yoga teacher(s) updated on any changes in your physical or medical condition or medications if necessary or relevant to your participation in the classes
• By attending classes here you confirm that you do not have any medical or physical condition or history that would endanger yourself or others, or that would prevent you from participating in Yoga Classes.
• The risks inherent in participating in Yoga Classes include, but are not limited to, injury to myself/yourself and others, property damage, death, and security concerns.
• You agree that you have had an adequate opportunity to fully consider those risks and dangers.
• If you become injured while participating in Yoga Classes, you will immediately cease engaging in Yoga Classes and report the injury to the teacher and to your primary care physician.
• Dogs occasionally may be present on the premises, and I accept all risks associated with dogs.
Although every ounce of exceptional care possible will be offered by Aline Marie and attending teachers, You understand and agree that participating in Yoga Classes, you assume all related risks and dangers, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Yoga Classes, even if due to the negligent acts or omissions of any of Aline Marie, personally, or Aline Marie, Body Art & Yoga LLC, or the Newtown Yoga Center, or wherever yoga classes are held.
By signing up and participating in classes you agree to the folllowing:
On behalf of myself and others, including family members, you promise not to sue any of Aline Marie, personally, or Aline Marie, Body Art & Yoga LLC, or the Newtown Yoga Center, for any illness, injuries, loss or damages I may suffer (including bodily injury, lost wages, medical costs or emotional distress), because of my participation in Yoga Classes, even if caused in whole or in part by any of their negligent acts or omissions. I waive and release all such claims and agree to hold each of Aline Marie, personally, and Aline Marie, Body Art & Yoga LLC, and the Newtown Yoga Center, harmless from any liability and from all claims whatsoever from my participation in Yoga Classes, even if caused in whole or in part by their negligent acts omissions, including but not limited to, claims for damage to property, economic loss, personal injury, or death, whether brought by me, or others including family members claiming by, through or under me.
DISCLAIMER - PLEASE READ
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-
person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Aline Marie Body Art & Yoga, LLC and The Newtown Yoga Center has put in place preventative measures to reduce the spread of COVID-19 for their indoor and outdoor classes; however, Aline Marie Body Art & Yoga, LLC and The Newtown Yoga Center cannot guarantee that you will not become infected with COVID-19, the common cold, the flu or any other possible germ or variant. Further, attending our indoor and outdoor classes could increase your risk’s risk of contracting COVID-19, variants or any other possible transmissible illness.
By attending these classes, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk you may be exposed to or infected by COVID-19 by attending indoor or outdoor classes offered by Aline Marie Body Art & Yoga, LLC and The Newtown Yoga Center and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
You understand that the risk of becoming exposed to or infected by COVID-19 when attending Aline Marie Body Art & Yoga, LLC and The Newtown Yoga Center indoor and/or outdoor classes may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Aline Marie Body Art & Yoga, LLC and The Newtown Yoga Center employees, teachers, and program participants and their families. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your attendance and participation at these classes.
You hereby release, covenant not to sue, discharge, and hold harmless Aline Marie Body Art & Yoga, LLC and The Newtown Yoga Center their employees, agents, and representatives, of and from all Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of, Aline Marie Body Art & Yoga, LLC and The Newtown Yoga Center its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any indoor or outdoor classes and programs.
Subscriptions
Peace on Demand is a monthly recurring subscription channel. Payments are debited 30 days from original date of purchase, varying slightly depending on bank holidays and weekend payment processing. You may cancel at any time on your own. You'll have access to the channel for the remainder of the month that you paid for. Cancelations need to be made by the subscriber at minimum 1 day or more, prior to your next payment withdrawal date. Once you cancel your subscription (before your next payment renewal date) you will not be charged again (see above for Rules on all Subscriptions). If you signed up for the yearly subscription it will automatically renew unless you set it up not to or cancel ahead of time. There are no refunds for unwatched, unused, or late subscription cancelations or for technical issues, which on occasion do happen. You are 100% responsible for keeping track of this recurring cost and canceling in a timely manner when appropriate.
Monthly Memberships for in person classes
By signing up for monthly recurring memberships for in person classes you agree to: Payments are debited 28- 30 days from original date of purchase, varying slightly depending on bank holidays and weekend payment processing. You may cancel at any time on your own. You'll have access to book classes for the remainder of the month that you paid for if you set your cancelation for a specific date or if you cancel before the end of your month you’ll be able to take classes until the last day of your membership. Cancelations need to be made by the subscriber at minimum 1 day or more, prior to your next payment withdrawal date. Once you cancel your subscription (before your next payment renewal date) you will not be charged again (see above for Rules on all Subscriptions). There are no refunds for unattended, forgotten, unwatched, unused, or late subscription cancelations or for technical issues or studio closures for weather or external event related circumstances, which on occasion do happen. You are 100% responsible for keeping track of this recurring cost and canceling in a timely manner when appropriate.
Links to Third Party Sites/Third Party Services
www.thenewtownyogacenter.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Aline Marie Body Art & Yoga and Aline Marie Body Art & Yoga is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Aline Marie Body Art & Yoga is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Aline Marie Body Art & Yoga of the site or any association with its operators. Linked sites/Third Party Services include but are not limited to our payment processors: Square, Stripe and when applicable Venmo Payments all of which operate by the highest standards in the industry for security and privacy protection.
Certain services made available via www.thenewtownyogacenter.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.thenewtownyogacenter.com domain, you hereby acknowledge and consent that Aline Marie Body Art & Yoga may share such information and data with any payment processing third party with whom Aline Marie Body Art & Yoga has a contractual relationship to provide the requested product, service or functionality on behalf of www.thenewtownyogacentere.com users and customers. Linked sites/Third Party Services include but are not limited to our payment processors: Square, Paypal, Stripe, Squarespace, Apple Pay and Kenko (formerly Bookee) our scheduling platform all of which operate by the highest standards in the industry for security and privacy protection.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.thenewtownyogacenter.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Aline Marie Body Art & Yoga that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, video audio as well as the compilation thereof, and any software used on the Site, is the property of Aline Marie Body Art & Yoga LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Aline Marie Body Art & Yoga content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Aline Marie Body Art & Yoga and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Aline Marie Body Art & Yoga or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Aline Marie Body Art & Yoga account to third party accounts. By connecting your Aline Marie Body Art & Yoga account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. An example of this is our booking platform Bookee.
International Users
The Service is controlled, operated and administered by Aline Marie Body Art & Yoga from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Aline Marie Body Art & Yoga Content accessed through www.thenewtownyogacentere.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Aline Marie Body Art & Yoga, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Aline Marie Body Art & Yoga reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Aline Marie Body Art & Yoga in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Aline Marie Body Art & Yoga agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALINE MARIE BODY ART & YOGA LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ALINE MARIE BODY ART & YOGA LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ALINE MARIE BODY ART & YOGA LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALINE MARIE BODY ART & YOGA LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALINE MARIE BODY ART & YOGA LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Aline Marie Body Art & Yoga reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aline Marie Body Art & Yoga as a result of this agreement or use of the Site. Aline Marie Body Art & Yoga's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Aline Marie Body Art & Yoga's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Aline Marie Body Art & Yoga with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Aline Marie Body Art & Yoga with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Aline Marie Body Art & Yoga with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Aline Marie Body Art & Yoga reserves the right, in its sole discretion, to change the Terms under which www.thenewtownyogacenter.com is offered. The most current version of the Terms will supersede all previous versions. Aline Marie Body Art & Yoga encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Aline Marie Body Art & Yoga welcomes your questions or comments regarding the Terms:
Aline Marie Body Art & Yoga LLC
PO Box 207
Hawleyville, Connecticut 06440
Email Address:
aline@thenewtownyogacenter.com