MY VINYASA PRACTICE, LLC

ONLINE TERMS & CONDITIONS OF USE

AND USER WAIVER & RELEASE OF LIABILITY


These Online Terms & Conditions of Use and User Waiver & Release of Liability (hereafter “Terms & Conditions”) constitute an agreement between you, the User utilizing the Content as defined herein (hereafter “User”, “You” and/or “Your”) and My Vinyasa Practice, LLC, (hereafter “MVP”), a Texas limited liability company whose head office is located at 109 Jacob Fontaine Lane, Suite 800, Austin, Texas 78752. Your use of the Content, as Content is defined herein, binds you irrevocably to these Terms & Conditions. You consent to the use of your electronic signature, including but not limited to an electronic depiction of your name, your initials, and/or by checkbox agreement (“Electronic Signature”) to further indicate your agreement to these Terms & Conditions. The Effective Date of these Terms & Conditions is the first date the User utilizes the Content as defined herein (the “Effective Date”). 

 

YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT BY UTILIZING THE CONTENT AS DEFINED HEREIN YOU AGREE THAT YOU WILL ABIDE BY ALL THESE TERMS & CONDITIONS EACH AND EVERY TIME YOU UTILIZE THE CONTENT. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR REVIEWING THESE TERMS & CONDITIONS WHICH ARE LOCATED AT (HTTPS://WWW.TVMYVINYASAPRACTICE.COM/PAGES/TERMS-CONDITIONS) TO ENSURE YOUR ONGOING COMPLIANCE. THESE TERMS & CONDITIONS EXPRESSLY OPERATE IN ADDITION TO AND SUPPLEMENT ANY OTHER AGREEMENT YOU ENTER INTO WITH MVP, INCLUDING BUT NOT LIMITED ANY MVP ASSUMPTION OF RISK AND WAIVER & RELEASE OF LIABILITY OTHER THAN THAT WHICH IS INCLUDED IN THESE TERMS & CONDITIONS. MVP HAS THE EXCLUSIVE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY THESE TERMS & CONDITIONS AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE. 


1. User’s Use of Content

 

A. MVP provides Online Livestream and Pre-Recorded Content, including but not limited to Yoga Classes, Meditation, Yoga, Yoga Teacher Training, Yoga Therapy, Yoga Therapy Certification, Personal and Professional Development Programs, Workshops, 1:1 MVP Sessions, and the like (“Content”), to the User via Zoom, the MVP WEB APP, any other online platform and/or other MVP App under the terms, conditions, and restrictions listed herein. “Content” also includes, but is not limited to, photographs, videos, audio, pre-recorded content, and livestream content provided by MVP via the online platforms listed above. 

 

B. DISLCAIMER OF WARRANTY: OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE CONTENT IS PROVIDED “AS IS” AND MVP DOES NOT MAKE ANY WARRANTIES ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO, WARRANTIES ABOUT THE SPECIFIC FEATURES OF THE CONTENT AND ITS ABILITY TO MEET YOUR NEEDS.

 

C. LIMITATION OF MVP’S LIABILITY: EXCEPT AS REQUIRED BY APPLICABLE LAW, MVP WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS RESULTING FROM YOUR USE OF THE CONTENT AND/OR ANY PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE CONTENT. FURTHERMORE, MVP, WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, AND/OR ANY PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF THE CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

 

D. You are not allowed to copy, access, reproduce, download, distribute, transmit, broadcast, repost, share, sell, license, alter, modify, or otherwise use any part of the Content except as expressly authorized by MVP in writing. You are not allowed to use the Content for any purpose other than personal, non-commercial use (for example, you may not publicly screen or stream Content, or provide access to the Content to any third party). You are not allowed to share the Content with any third-party individual, person, or business entity for any reason. Using the Content does not give you ownership of or rights to any aspect of the Content. MVP is the owner of the Content.

 

E. INDEMNIFICATION: BY UTILIZING THE CONTENT, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MVP, AND ITS OWNER, OFFICERS, TEACHERS, EMPLOYEES, DIRECTORS, AND AGENTS, AND/OR ANY OTHER OWNER OF THE CONTENT, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES), ARISING FROM: (1) YOUR USE OF AND ACCESS TO THE CONTENT; (2) YOUR VIOLATION OF ANY TERM, CONDITION, AND/OR RESTRICTION OF THIS AGREEMENT; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; AND (4) ANY CLAIM THAT THE CONTENT CAUSED DAMAGE TO A THIRD-PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE CONTENT.

 

2. User Waiver & Release of Liability & User Assumption of Risk (the “Waiver”)


The terms of the Waiver shall apply to each and every instance, from the Effective Date forward, in which the User utilizes Content. IN CONSIDERATION OF AND AS INDUCEMENT TO YOUR USE OF THE CONTENT, YOU REPRESENT AND AGREE AS FOLLOWS:


USER WAIVER & RELEASE OF LIABILITY


  1. You understand and agree that MVP will not be liable and you will not hold MVP liable for any claim and/or injury, including but not limited to the following: personal or bodily injury, disease, illness, disability, death, mental anguish, and/or consequential loss of any kind arising out of your participation in and/or use of the Content resulting from the carelessness, negligence, or gross negligence of MVP, the carelessness, negligence, or gross negligence of any person acting on MVP’s behalf. You understand and acknowledge that this constitutes a complete and unconditional release of all MVP’s liability to the greatest extent allowed by law in the State of Texas, and voluntarily agree to this unconditional release.


YOU HEREBY WAIVE AND RELEASE MY VINYASA PRACTICE, LLC, AS WELL AS ITS OWNERS, OFFICERS, AND MVP REPRESENTATIVES FROM, AND COVENANT NOT TO SUE MY VINYASA PRACTICE, LLC, ITS OWNERS, OFFICERS, AND MVP REPRESENTATIVES FOR ANY CLAIM, DEMAND, AND/OR CAUSE OF ACTION OF ANY KIND, NCLUDING, BUT NOT LIMITED TO, PERSONAL OR BODILY INJURY, DISEASE, ILLNESS, DISABILITY, DEATH, MENTAL ANGUISH, AND/OR CONSEQUENTIAL LOSS OF ANY KIND, RELATED TO YOUR USE OF THE CONTENT. YOU FURTHER HEREBY WAIVE AND RELEASE MY VINYASA PRACTICE, LLC, ITS OWNERS, OFFICERS, AND MVP REPRESENTATIVES FROM, AND COVENANT NOT TO SUE MY VINYASA PRACTICE, LLC, ITS OWNERS, OFFICERS, AND MVP REPRESENTATIVES FOR ANY CLAIM, DEMAND, AND/OR CAUSE OF ACTION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL OR BODILY INJURY, DISEASE, ILLNESS, DISABILITY, DEATH, MENTAL ANGUISH, AND/OR CONSEQUENTIAL LOSS OF ANY KIND, RELATED TO: (1) THE CARELESSNESS, NEGLIGENCE AND/OR GROSS NEGLIGENCE OF MY VINYASA PRACTICE, LLC; (2) THE CARELESSNESS, NEGLIGENCE AND/OR GROSS NEGLIGENCE OF ANYONE ACTING ON BEHALF OF MY VINYASA PRACTICE, LLC. 



USER WARRANTIES AND ASSUMPTION OF RISK


  1. You warrant that You are in good physical health and do not suffer from any medical condition or physical limitation that would limit Your participation in and/or use of the Content. You warrant that you understand your own physical limitations, and that you are sufficiently able to recognize when to stop physical activity prior to becoming ill or injured. 


  1. You have consulted with a licensed physician regarding your health and physical capabilities, and you warrant that You have been found to be in good physical health and warrant that, as of the Effective Date you are fully able to perform all activities, including but not limited to yoga exercises and yoga therapy, which you are to learn and perform by utilizing the Content.


  1. You warrant that You will follow all instructions given to you by MVP’s Representative(s) (“MVP’s Representative(s)” includes but is not limited to instructors, employees, and/or independent contractors of MVP) as to when, where, and how to perform, as well as how not to perform, yoga exercises. You further warrant that You will follow all instructions given to you by MVP’s Representative(s) during Your use of the Content. You understand and agree that any deviation by you from the instruction provided by MVP’s Representative(s) in the Content shall be entirely at your own risk.


You voluntarily and knowingly assume the risk of injury and accept sole responsibility for any deviation by You from the instruction provided by MVP’s Representative(s) in the Content. You also voluntarily and knowingly accept sole responsibility for all damages and/or personal injury that occur from such deviation.


  1. You understand and agree that the risk of injury, even serious or disabling, including but not limited to death, from utilizing the Content is always present, and, as with any physical activity or exercise, such risk cannot be entirely eliminated. Likewise, you warrant that you understand and agree that the risk of mental anguish, distress, triggering, and/or injury to your mental health, even serious or disabling, from utilizing the Content is always present, and as with any guided activity, such risk cannot be entirely eliminated.


You voluntarily and knowingly assume the risk of personal injury and/or mental anguish/injury, even serious or disabling, including but not limited to death, in addition to the risk of any damages, that may result as a consequence of You utilizing the Content. You voluntarily and knowingly assume sole responsibility for one hundred percent (100%) of any and all personal injury, mental anguish, and/or damages, whether physical or mental, including but not limited to serious injuries, disabling injuries, and death, that You incur through utilizing the Content.


  1. If You are currently pregnant or if You become pregnant:


  1. You understand and agree that the risks listed hereinabove as well as additional risks, not only to yourself but also to your child/fetus, of personal injury, mental anguish, serious illness, and/or death exist and cannot be entirely eliminated from the Content, and you voluntarily assume all risks, both known and unknown, and take sole responsibility for all personal injury, mental anguish, serious illness, and/or death to yourself and/or your child/fetus. 

  2. You will not utilize the Content until You have discussed the risks with Your obstetrician, gynecologist, midwife, or other pre-natal healthcare provider.

  3. You will follow Your pre-natal healthcare provider’s recommendations regarding utilizing the Content.

  4. On behalf of Yourself, Your estate, Your heirs, Your spouse, and/or any other interested party:


  1. You will not hold MVP liable or responsible for any injuries and/or death to yourself and/or your child/fetus, arising in whole or in part out of your failure to follow your pre-natal healthcare provider’s recommendations; 

  2. You will not hold MVP liable or responsible for any injuries or death to yourself and/or your child/fetus arising in part or in whole out of your use of the Content; and 

  3. You will not hold MVP liable or responsible for any injuries or death to yourself and/or your child/fetus arising in part or in whole out of (1) the carelessness, negligence, or gross negligence of MVP; (2) the carelessness, negligence, or gross negligence of anyone acting on behalf of MVP.


  1. YOU HEREBY WAIVE AND RELEASE MVP FROM, AND COVENANT NOT TO SUE MVP FOR ANY CLAIM AND/OR INJURY, INCLUDING, BUT NOT LIMITED TO, PERSONAL OR BODILY INJURY, DISEASE, ILLNESS, DISABILITY, DEATH, MENTAL ANGUISH, AND/OR CONSEQUENTIAL LOSS OF ANY KIND TO YOURSELF AND/OR YOUR CHILD/FETUS.


3. User Acknowledgments


  1. By utilizing the Content provided by MVP You represent that you have read and fully understand all of the Terms & Conditions contained herein, and that you have had adequate opportunity to review these Terms & Conditions prior to utilizing the Content.


  1. You agree that any provisions of these Terms & Conditions are be found to be unenforceable, those provisions are hereby severed, and the remaining provisions remain enforceable.


  1. You acknowledge that, unless indicated otherwise by MVP, Your access to and use of the Content is conditioned upon payment for the Content. Any payment by you to MVP for access to and use of the Content is non-refundable.


  1. You agree that the laws of the State of Texas shall govern these Terms & Conditions. Any dispute or claim, whether arising out of these Terms & Conditions or otherwise, shall only be brought in the courts of the State of Texas, and specifically shall be brought in Travis County, Texas. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for resolving such dispute and you waive any objection to the venue laid herein.


  1. You warrant that you are at least eighteen (18) years of age, of sound mind and body, and are competent to agree to these Terms & Conditions as of the Effective Date.