TERMS AND CONDITIONS FOR ONLINE TRAINING

By signing or participating in our online yoga resources, you are agreeing to the below waiver and release:

I hereby agree to the following:

Even with clear instruction, there is the possibility of injury and it is my responsibility to consult a physician regarding any and all matters involving my personal health and including without limitation: (a) any prior or existing injuries; and (b) my ability to participate in the programs offered by Stefani Wilton and the Mandorla Yoga Institute.

I attest that I have no psychological, medical or emotional condition that would prevent me from safe participation in a yoga class or Thai Yoga Massage class.

I release and discharge Stefani Wilton and the Mandorla Yoga Institute, its associated and affiliated companies and their respective directors, employees and instructors from all liability, claims, demands or actions that I may take resulting from injury, death, or damages arising from my participation in the physical activity classes (i.e. yoga, Thai Massage, fitness) offered by Stefani Wilton and the Mandorla Yoga Institute.

I recognize that this agreement of release and waiver of liability is a legal contract and that I have complete knowledge of its contents.

I agree that I am above the legal age and do not require parent or guardian consent.

I have read this agreement and fully understand its contents and meaning, and by signing up for a subscription, yoga teacher training, or any online course, class offering or program I understand this means I am signing it of my free will.

RESPONSIBILITIES

You are responsible for obtaining Internet access and a compatible, Internet-connected device to stream and/or download Programs. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.

LICENSES AND INTELLECTUAL PROPERTY

License to Programs: You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by the applicable Producer.

ACCEPTABLE USE POLICY

In using the videos provided by Stefani Wilton and Mandorla Yoga Institute, you will not:

TERM AND TERMINATION

This Agreement begins when you first use the Mandorla Yoga Institute online learning platform. You may terminate this agreement at any time by deleting your account(s). We reserve the right to terminate your account or restrict access to your account for any reason, including your breach of this Agreement.

DISCLAIMERS

YOUR USE OF THE MANDORLA YOGA INSTITUTE ONLINE LEARNING PLATFORM AND ANY PROGRAM IS AT YOUR OWN RISK. MANDORLA YOGA INSTITUTE PROVIDES THE EDUCATIONAL VIDEOS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

MANDORLA YOGA INSTITUTE AND STEFANI WILTON DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the above, Mandorla Yoga Institute makes no representations or warranties concerning:

LIMITATION OF LIABILITY

To the maximum extent permitted by law, Mandorla Yoga Institute, its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including the Integrative Somatic Studies Institute) shall not be liable for (i) any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses; (ii) damages relating to any dispute between you and an affiliate or other Mandorla Yoga Institute user; or (iii) damages exceeding the greater of USD $100 or the amounts paid by you to Mandorla Yoga Institute over the 12 months preceding the filing of your claim. The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Wix or Thinkiffic has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose.

Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.

INDEMNIFICATION

You shall indemnify, defend, and hold harmless Mandorla Yoga Institute and Stefani Wilton’s Educational Videos and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including the Integrative Somatic Studies Institute) from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from (i) your unauthorized use of any Educational Program; (ii) your breach of this Agreement or violation of any law or third party right; or (iii) any content that you upload or submit to us.

BINDING ARBITRATION AND GOVERNING LAW

You agree that any dispute between you and Mandorla Yoga Institute arising out of or relating to this Agreement or your use of the Mandorla Yoga Institute Online Learning Platform shall be resolved by BINDING ARBITRATION.

Waiver of Class Action Claims: By agreeing to arbitrate your claims against Mandorla Yoga Institute, Stefani Wilton, (i) YOU GIVE UP YOUR RIGHT TO GO TO COURT AND HAVE YOUR CLAIMS TRIED BY A JUDGE OR JURY (except for matters that may be taken to small-claims court); and (ii) YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.

Right to Bring Small Claims Actions: The one exception to the exclusivity of arbitration (whether against Mandorla Yoga Institute or a Producer) is that you have the right to bring an individual claim in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain any class action, class arbitration, or other representative action or proceeding.

Arbitration Rules: The arbitration proceeding shall be governed by the then-effective JAMS’ Comprehensive Arbitration Rules or Streamlined Arbitration Rules, depending on the amount in dispute, and JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses. You have the right to a fair hearing before a neutral arbitrator and the opportunity to participate in the process of choosing the arbitrator. The arbitrator shall have the right to award all remedies that court may award.

Court Proceedings: Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or provincial courts in Alberta, Canada. You hereby irrevocably consent to the jurisdiction of those courts for such purposes an action and, to the extent permitted by law, both Mandorla Yoga Institute Inc. and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.

GENERAL TERMS

No Waiver: The failure of Mandorla Yoga Institute Inc. (or any Producer) to exercise or enforce any term of this Agreement will not constitute a waiver of such term.

Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.

Interpretation: Headings are provided for convenience and shall not be used to construe the terms hereof.

Assignment: This Agreement is binding on the parties and their successors, heirs, and permitted assigns. This Agreement is not assignable or transferable by you without our prior written consent.

Relationship: The parties are independent contractors as to one another. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

No Third Parties: No third parties shall have any rights under this Agreement, except that Producers may enforce the terms herein against you, and indemnified parties may enforce indemnification rights.

Force Majeure: Neither Mandorla Yoga Institute Inc nor any representative shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.

Notices: You agree to receive notices via the email address that you used to create an account or via the Mandorla Yoga Institute Inc and Mandorla Yoga Institute website.

This Agreement sets forth the entire understanding between you and Mandorla Yoga Institute Inc concerning your use of the Mandorla Yoga Institute Inc and Stefani Wilton and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the Mandorla Yoga Institute Inc website and will apply prospectively.

In order to promote and respect the confidentiality of our participants and our intellectual property, by enrollment into this training program, you as a student agree to the following:

PROPRIETARY MATERIALS AGREEMENT

The content and presentation method of the training in which you have registered yourself have been created and developed over a number of years and represent a considerable investment on the part of Mandorla Yoga Institute and its proprietors. As a business, our fundamental and overarching commitment is to create training that offer people the greatest personal benefit.

Mandorla Yoga Institute wishes to make the materials, concepts, and information that constitute its trainings as well as the way in which these are assembled and presented (collectively ‘Materials’) available to academics and scholars for examination, study, research, and comment. If you are an academic, or involved in other non-commercial scholarly activities, you are invited with attribution to quote from, comment on, and discuss the Materials. Further, with permission from Mandorla Yoga Institute, you are welcome to present the Materials in non-commercial academic settings for educational and research purposes with appropriate attribution.

While Mandorla Yoga Institute is committed to providing our trainings for the difference they make, at the same time, Mandorla Yoga Institute wishes to protect its investment in the Materials. Therefore, we require those who wish to participate in Mandorla’s trainings to agree not to distribute or sell any form of the Materials, without Mandorla's express permission in writing. Mandorla Yoga Institute gives permission to its graduates solely to utilize the content and materials, for the purposes of teaching group yoga classes and/or offering private yoga classes or private Thai Yoga Massage sessions. Mandorla Yoga Institute acknowledges that our graduates will at times, offer workshops and more educational opportunities around the practice of yoga and/or Thai Yoga Massage to their students. Mandorla Yoga Institute is fully supportive of these efforts, as long as they avoid the use of the Materials specific to Mandorla Yoga Institute’s unique methodologies. If there is any confusion around this, the matter can be quickly and easily addressed via contacting Mandorla Yoga Institute directly via email at [email protected].

USE OF THE 'EMBODIMENT YOGA™' TRADEMARK

Upon completion of your training, you will be given the opportunity to enter into a trademark agreement with Mandorla Yoga Institute, which will allow your personal use of the terms, 'Embodiment Yoga™' and 'Embodiment Yoga Teacher'. You are given the option to opt out of this opportunity; the decision being entirely at your discretion. During your time as a student with Mandorla Yoga Institute, you are given permission to state publicly that you are "enrolled in or studying, 'Embodiment Yoga Teacher Training™ through the Mandorla Yoga Institute". It must be clear to those taking classes from you, that you are in training and not yet certified and a liability waiver must be signed by participants with whom you practice teach, clearly stating your student status. For those choosing to enter into the Trademark agreement, you will be given permission to use the afore mentioned terms for the sole use of teaching yoga classes or workshops. The term may be used to describe the classes/workshops that you teach and yourself as the teacher. The term may not be used as part of your business name, nor may be it used within your website URL or any other form of social media handle, descriptor or presence. Requisites for attaining permission to use the afore mentioned trademarked terms are: completion of first aid certification and all course requisites, completion of a criminal record check, yoga teacher registration with a registering yoga body, and agreeing to the Mandorla Yoga Institute Ethics Agreement. Teachers who choose not to participate in the Trademark option, may use the following terms: 'Certified Yoga Teacher', 'Restorative Yoga Teacher', 'Vinyasa Yoga Teacher', 'Yin Yoga Teacher'. 

AGREEMENT

I acknowledge that the Materials presented during this Program, either orally or in writing, constitute commercially valuable, proprietary, intellectual property of Mandorla Yoga Institute, the purchase, creation, design and development of which required the investment of substantial effort, time, and money. I understand that the Materials are the property of Mandorla Yoga Institute and are protected by copyright, trade secret and other applicable laws, including the laws that govern this Agreement, and all rights in the Materials and this Program are expressly reserved by Mandorla Yoga Institute.

Without Mandorla Yoga Institute's prior written permission, I agree;

(a) not to reproduce, copy or otherwise duplicate, and not to distribute, lend, or otherwise transfer in any form, the Materials;

(b) not to use the Materials in any way that would compromise the confidential nature and Mandorla Yoga Institute’s proprietary rights in the Materials;

(c) not to sell any form of the Materials, or sell any product or service that is based on or even derived from the Materials, excluding the basic practices of yoga, of which no one holds ownership; and

(d) not to assist another to do any of the above.

Again, if I am an academic, or involved in other non-commercial scholarly activities, the paragraph above regarding academics and scholars applies.

I agree that this Agreement supersedes any prior agreements I may have regarding the use of the Materials and that, if necessary, I will again obtain Mandorla Yoga Institute's written permission before using any materials which I may have obtained permission to use in the past. 

I understand the requirements for my use of the terms 'Embodiment Yoga' and 'Embodiment Yoga Teacher' and will not utilize these terms until I have completed my teacher training and completed the requirements for attaining Mandorla's written permission for use of these trademarked terms. I understand that I may to choose, upon graduation, to practice as a registered yoga teacher without the use of these terms.  

I understand that as a student studying yoga, it is required that I properly indicate this in writing to any person with whom I practice teach in the form of a properly issued waiver form. 

I understand that the ability to produce the outcomes participants realize for themselves out of their interactions with the Materials presented in this Program is the product of extensive training on the part of the person leading the Program. Should I wish to present the Materials, or to deal with the Materials on any basis (other than personal) as allowed by what is explicitly stated in the previous paragraph of this Agreement, I agree to contact Mandorla Yoga Institute with any such requests.

The failure of Mandorla Yoga Institute to enforce any of its rights shall not be construed as a waiver of any of its rights at any time thereafter. If any part or parts of this Agreement shall be deemed invalid or unenforceable, then that part or parts shall be deemed severed from this Agreement and such severance shall not have any effect on the remaining portions of the Agreement.

I acknowledge that my representations and agreements are freely given and are true to the best of my knowledge and are intended to be an inducement to Mandorla Yoga Institute to approve my participation in the Program.

 I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH THE NOTICE OF THIS CONFIDENTIALITY AGREEMENT AND PROPRIETARY MATERIALS AGREEMENT.