Terms of Service

Effective Date: The date You access the Platform

THESE TERMS OF SERVICE (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR THE “CLIENT”) AND NANCY PICHONSKY, OPERATING AS EMBRACE BALANCE YOGA (“THE COMPANY,” “WE,” “US,” OR “OUR”).

1. Acceptance

(a) The Company. The Company provides yoga classes, workshops, events, training and other yoga-related services to the public. The Company provides content and appointment-making capability that may be available on desktop, laptop and mobile devices, which may include third party links to booking sites (the “Platform”). The Company permits Clients to book appointments and pay in advance.

(b) Use of Platform and Services. If you access, install or use the Platform, install or use any other technology supplied by the Company (“Technology”), or access any information, function, or service available or enabled by the Company (each, a “Service” and collectively, the “Services”), or complete the Company account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) represent and warrant that:

you have read, understand, and agree to be bound by this Agreement;
you are of legal age in the jurisdiction in which you reside to form a binding contract with the Company (the “Minimum Age”); and
you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.

(c) No Services without Consent. If you do not agree to be bound by the Agreement, you may not access or use the Company’s Services.

2. Modifications

The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Technology or Services at any time, effective upon posting of an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

3. Additional Terms and Policies

By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with the Company’s Privacy Policy, which is incorporated in this Agreement by reference. Certain features of our Services may be subject to additional terms and conditions, which to the extent permitted by applicable law, are incorporated into this Agreement.

4. Rules and Prohibitions

By using the Services, you agree that:

(a) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other intellectual property rights or other rights of any third party, including privacy, personality or publicity rights.

(b) You will only access the Services using means explicitly authorized by the Company.

(c) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.

(d) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to the Company’s personnel or other clients.

(e) You will not copy or distribute the Technology or any content displayed through the Platform, including any Platform content or reviews.

(f) You will provide us with accurate information to create your account and will promptly notify the Company of any changes.

(g) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.

(h) You will not use the Services in any way that could:

damage, disable, overburden or impair any the Company server, or the networks connected to any the Company server;
gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any the Company server;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures the Company may use to prevent or restrict access to the Services or use of the Services; or
access the Platform by any method to scrape, copy or monitor any portion of the Platform.

5. Bookings and Payment

(a) Reservations as a Service. You, as user, must place all yoga classes, workshops, trainings and any other service through the Platform within the booking period indicated on the Platform (each a “Reservation”). By booking a Reservation, you will receive the right to participate in that particular class, workshop or training. All Reservations are considered a “Service” or “Services” under this Agreement.

(b) Fees for Reservation. You acknowledge that the fees shown on the Platform for your Reservation are accurate as of the time of your Reservation, but may be updated from time to time. When the Reservation is placed, your chosen payment method will be charged.

(c) Reservation Date and Time. When you place the Reservation, you will be required to choose the date and time. You agree that your Reservation is only eligible for that date and time.

(d) Cancellation by You. If you need to cancel your Reservation, you can make these changes on the Platform prior to the date and time of your Reservation up to 7 days prior to your Reservation (the “Deadline”). If cancelled prior to the Deadline, you may reschedule to another date, time and location that is available for booking on the Platform. The Company reserves the right to decline requests for a cancellation if your request is received after the Deadline. No refunds will be issued for missed Reservations or cancellations after the Deadline. If the Company is using a third-party booking site, You are bound to that third party’s terms regarding any cancellations. The Company may not be held liable for any third-party booking site cancellations.

(e) No Refund or Discount. No Refund or Discount will be issued for:

Reservations that include a replacement instructor or class location.
No-shows by you as the Client.
Late arrival by you as the Client that results in a partial Reservation.
Cancellations made after the Deadline.

Cancellations for Reservations made through a third-party booking site.

Service cancellations due to Your breach of this Agreement, including your obligations regarding posting User Content.

6. User Account

(a) User Account on Platform. You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify the Company immediately. The Company will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by the Company or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by the Company, or if you have been previously banned from use of the Services.

(b) Social Media. The Company may maintain social media pages for the benefit of the Company community. By posting, commenting, or otherwise interacting with these pages, you agree to abide by the guidelines set out on the Platform for social media use.

7. Intellectual Property Ownership and User Content.

(a) Intellectual Property Owned by the Company. The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Technology and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Technology or the Services, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Technology and Services are trademarks of the Company or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Technology or the Services.

(b) User Content. The Company may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You hereby grant the Company a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub-licenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with the Company’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant the Company a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to the Company herein shall survive termination of the Services or your account. The Company reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that the Company may monitor and/or delete your User Content (but does not assume the obligation) for any reason in the Company’s sole discretion. The Company may also access, read, preserve, and disclose any information as the Company reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of the Company, its users and the public.

(c) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to the Company through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that the Company has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to the Company a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.

(d) Ratings and Reviews. To the extent that you are able to leave ratings, reviews and social media comments (“Ratings and Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by the Company and do not represent the views of the Company or its affiliates. The Company shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience with a Reservation, and (ii) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews, demonstrates malice toward the Company, is untrue or otherwise violates this Agreement, we may remove such User Content without notice. Any Rating or Review provided by you on any platform may be reused by the Company on an alternative platform without your consent.

(e) Termination of this Agreement due to User Content Non-Compliance. The Company reserves the right to terminate this Agreement and any existing or future Services you may have, in the event that any of your User Content is removed by the Company. The Company will in no manner be held liable for any loss incurred by you or a third party, by virtue of a cancellation of Services due to your non-compliant User Content. For example, the Company may remove malicious User Content at its sole discretion, and terminate this Agreement and any Services. By posting non-compliant User Content, you agree to immediately forfeit any Services you have paid for.

8. Communications and Use of Platform.

(a) Acceptance of Communications. By creating an account or making a Reservation, you electronically agree to accept and receive communications from the Company or third-party booking sites by text message and email. You also agree that the Company may contact you in the future by email, phone call and push notifications to the cellular telephone number you provided to the Company. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of the Company or third-party booking sites, including booked Reservations. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the Settings in your account. You may also opt-out of receiving text messages from the Company by replying “STOP” from the mobile device receiving the messages.

(b) Consent to use Platform. By creating an account, you also consent to the use of an electronic record to document this Agreement. You may withdraw your consent to the use of the electronic record by notifying the Company on the Platform.

9. Dispute Resolution.

(a) Arbitration. The Parties agree to the following dispute resolution procedure:

(i) Once a dispute arises, Parties will first negotiate in good faith for a period of 30 days.

(ii) If a resolution is not reached within 30 days, the Parties agree to follow provincial arbitration law and use ADRIC’s (ADR Institute of Canada) Simplified Resolution Procedure to resolve the dispute.

(iii) In accordance with the Simplified Arbitration Procedure, the Parties will appoint one arbitrator who will preside over the dispute.

(iv) Any decision by the arbitrator will be final and binding upon the Parties.

(v) the Parties will each be responsible for their own costs of the arbitration, and will equally split the costs of obtaining the arbitrator.

(vi) Notwithstanding this dispute procedure, the Parties acknowledge the right to opt out of arbitration and bring a dispute before a court of competent jurisdiction within Calgary, Alberta.

(b) Independent Contractor Agreement Prevails for Independent Contractors. Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and the Company relating to your work as an employee or independent contractor, including without limitation, any independent contractor agreement governing your services as a contractor.

10. Third-Party Interactions

(a) Third-Party Websites, Applications and Advertisements. The Services may contain links to third-party websites, applications and advertisements (“Third-Party Websites & Advertisements”). These Third-Party Websites & Applications may be required for you to use the Services, such as making a Reservation. When you click on a link to a Third-Party Websites & Advertisements, the Company will not warn you that you have left the Company’s Platform or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. The Company does not control these Third-Party Websites & Advertisements, and as such, is not responsible for them. The Company does not endorse or make any warranties or representations about the Third-Party Websites & Advertisements. You are responsible for all action or inaction taken with regard to these.

11. Transactions Involving Alcohol

The Company may provide Reservations that include alcohol, such as Wine-Down Yoga. If you choose to include alcohol in your Reservation, you confirm that you are of legal age to purchase and consume alcohol in the jurisdiction of the Reservation. You understand that, upon service of alcohol, you will be required to provide valid government-issued identification proving your age. To receive the alcohol, you acknowledge that you may not be intoxicated and may be refused service if these or other alcohol legislation is not met. If you are refused alcohol service, the Company may not be held responsible and you will not be entitled to any Discount or Refund.

12. Indemnification

You agree to indemnify, release and hold harmless the Company and its officers, directors, employees, contractors, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation legal and attorneys’ fees and expenses, that may be incurred by You or an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Technology, Platform or Services; (c) your breach of this Agreement or any representation, warranty, condition or covenant in this Agreement; (d) your violation of any applicable laws, rules or regulations through or related to the use of the Technology, Platform or Services; (e) your conduct prior to, during and after a Reservation; (f) any injury, illness (including contagious illnesses), loss of property or damage you may incur in relation to a Reservation; or (g) your intoxication before, during or after a Reservation. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including legal costs on a solicitor and client costs on a full indemnity basis. The Company 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 the Company in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for gross negligence, fraud or wilful misconduct. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Technology, Platform, Services and Reservations.

13. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE TECHNOLOGY AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE TECHNOLOGY AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE TECHNOLOGY AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF ABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE TECHNOLOGY OR SERVICES, OR THE SERVICES, TECHNOLOGY, TEXT, GRAPHICS OR LINKS.

THE COMPANY DOES NOT WARRANT THAT THE TECHNOLOGY OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE TECHNOLOGY OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE TECHNOLOGY OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

THE COMPANY MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE SUITABILITY OF A RESERVATION FOR YOU.

YOU ARE OBLIGATED TO ASSESS WHETHER YOU ARE PHYSICALLY, EMOTIONALLY AND MENTALLY FIT TO PARTICIPATE IN ANY RESERVATION. YOU ARE OBLIGATED TO STOP ANY PHYSICAL ACTIVITY IF YOU FEEL UNWELL.

14. Internet Delays

The Technology and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in the Company’s privacy policy or as otherwise required by applicable law, the Company is not responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems.

15. Breach And Limitation of Liability

(a) Limitation of Liability. To the fullest extent permitted by applicable law, the Company’s aggregate liability shall not exceed the greater of amounts actually paid by or due from You to the Company in the six (6) month period immediately preceding the event giving rise to such claim.

(b) Disclaimer of Certain Damages. To the fullest extent permitted by applicable law the Company shall not be liable to you or anyone else for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind, including personal injury, lost profits, pain and suffering, emotional distress, economic loss, and loss of data, revenue, or use.

16. Termination

If you violate this Agreement, the Company may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.

In addition, at its sole discretion, the Company may modify or discontinue the Technology or Service, or may modify, suspend or terminate your access to the Technology or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Technology or the Service, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Technology or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

17. General Provisions

(a) Entire Agreement: This Agreement along with its schedules, the Company’s Privacy Policy, and the Company’s Waiver constitute the entire agreement and understanding between the Parties with respect to the subject matter of this Agreement and include all updates made by the Company. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and the Company relating to your work as an employee or independent contractor, including, without limitation, any agreement governing your efforts as a contractor.

(b) Amendments. The Company may modify this Agreement at any time. When the Company makes material changes to this Agreement, it will post the revised Agreement on the Company Platform and update the “Last Updated” date at the top of the Agreement. The Company will also provide you with notice of any material changes before the date the revised Agreement becomes effective. If you disagree with the revised Agreement, you must cease the use of the Technology and Services immediately. Your continued access to or use of the Platform will constitute acceptance of the revised Agreement. The Company may modify information on the Platform hyperlinked from this Agreement from time to time, and such modifications shall be effective upon posting.

(c) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.

(d) No Waiver. The failure of the Company to insist upon a strict performance of the terms of this Agreement or to exercise any option herein, shall not be construed as a waiver or relinquishment of such term or option and such term or option shall continue in full force and effect.

(e) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Technology or Services.

(f) Headings. Section headings appearing in this Agreement are for convenience only and do not in any way limit, amplify, modify, or otherwise affect the terms and provisions of this Agreement.

(g) Governing Jurisdiction and Forum. This Agreement shall be governed and interpreted with the Provincial laws of Alberta and the applicable federal laws of Canada. The Parties irrevocably attorn to the exclusive jurisdiction of the forums of the City of Calgary.

(h) Severability. If any part of this Agreement is declared unlawful, unenforceable or invalid, the remainder of this Agreement shall remain in full force and effect.

(i) Notice. Where the Company requires that you provide an e-mail address, you are responsible for providing the Company with your most current e-mail address. In the event that the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, the Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to the Company through the web form found on the Platform. Such notice shall be deemed given on the next business day after such e-mail is actually received by the Company.

(j) Electronic Communications. As a User of the Platform, You consent to receive communications from the Company in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current.

(k) Contact Us. The Company welcomes your questions or comments regarding this Agreement. Please forward any questions or concerns by the contact methods provided on the Platform.

embrace balance yoga

Terms of Service

​Effective Date: The date You access the Platform

Effective Date: The date You access the Platform