Service Agreement

BETH DAVIS YOGA TERMS AND CONDITIONS TO USE

Welcome to the Beth Davis Yoga website!

If you wish to become a Member, communicate with other Members and/or otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the Member registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the “Registration Data“) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Beth Davis Yoga reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Beth Davis Yoga’s Materials and Content is provided to you “AS IS“ for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Beth Davis Yoga. Other than rights expressly granted to you, Super Seed Yoga reserves all rights in and to the Service and the Beth Davis Yoga Content.

RELEASE OF LIABILITY AND INDEMNITY

By registering for and voluntarily participating in Beth Davis Yoga Programs, I am confirming that I am 18 years of age or I have permission from an adult to enter. I do so with full knowledge of the inherent risks associated with yoga practice and any related activity, and accept the risks of injury, death and other damages arising from my participation. I will not assert any claim, demand, complaint or sue Beth Davis Yoga or any of their agents, employees or officers (“Released Parties”) for any injury, death or other damages resulting from any negligence, recklessness or willful actions by any of the Released Parties occurring in the course of my attendance at and participation in Beth Davis Yoga. I hereby release the Released Parties from all actions, claims, demands and complaints that I have or may hereafter have for injury, death or other damages resulting from attendance at and use of the facilities provided by Beth Davis Yoga during Beth Davis Yoga Programs. Furthermore, I hereby undertake to defend, indemnify and hold harmless the Released Parties and each of them from any loss, liability, damage or expense that any of them may incur as a result of my attendance at and participation in Beth Davis Yoga Programs.

PHOTOGRAPHY / VIDEOGRAPHY RELEASE

By registering for and voluntarily participating in Beth Davis Yoga Programs, I consent to the use of my image in Beth Davis Yoga’s editorial and promotional materials in any manner and any media throughout the world in perpetuity, and all resulting intellectual property shall be the sole property of Beth Davis Yoga. I additionally hereby allow my image from participation inBeth Davis Yoga Programs to be edited at the sole discretion of Beth Davis Yoga, and I hereby expressly release the above-defined Released Parties and any of their licensees and assignees from and against any claims, demands and actions I may have or may hereafter have for invasion of privacy, defamation, or any other cause of action whatsoever arising out of the production, distribution, broadcast, exhibition or other forms of communication used by Beth Davis Yoga.

MEMBER ACCOUNT, PASSWORD AND SECURITY

If you register on the Service, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Beth Davis Yoga of any unauthorized use of your password or 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, unless otherwise expressly provided on the registration page. You may never use another Member’s account without prior authorization from Beth Davis Yoga

COLLECTIVE INVOLVEMENT

There isn't a way to anonymize member names or prevent them from communicating externally if they wish. Much like a Facebook group, the Beth Davis Yoga Collective is designed to foster community by allowing members to communicate and learn from each other both within and without it. However, the message option does send a request first and is not sharing the direct email address with the sender unless the receiver responds. If a member does not wish to engage with a potential message, they certainly have that option as well.  

STREAMING QUALITY

When streaming content from Beth Davis Yoga, the resolution and quality 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 we strive to provide a quality viewing experience, we make no guarantee as to the resolution or quality of the Streaming Beth Davis Yoga Content you will receive.

MODIFICATION & DISCONTINUATION 

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service.

TERM & TERMINATION

This Agreement shall remain in full force and effect for so long as it is posted on the Website. You may terminate your membership at any time, for any reason, by following these instructions:

  • Log in to your account.
  • Click on your Avatar in the top right of the page.
  • Select Settings from the dropdown.
  • Click Billing Info in the top right of the page:
  • Cancel your membership

OR contact Customer Support at [email protected]. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.

Beth Davis Yoga reserves the right to terminate your account or your access to the Service immediately, with or without notice to you, and without liability to you, if Beth Davis Yoga believes that you have breached any of the terms of this Agreement, furnished Beth Davis Yoga with false or misleading information, or interfered with use of the Service by others.

When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us at [email protected]

MEMBERSHIP SUBSCRIPTION FEES

Memberships, which provide you with access to Classes, are billed on a periodic basis as specified at the time of purchase (e.g., monthly, quarterly, or yearly). Memberships do not include access to Online Courses. Your Membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the Service is otherwise suspended or discontinued pursuant to this Agreement. If membership is cancelled or terminated before the end of the applicable billing cycle,Beth Davis Yoga will not reimburse the Member for the remainder of that paid month. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to avoid additional membership charges. At times, special prepaid membership packages will be available for purchase at varying lengths of time as specified at the time of purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date.

Free Trial for Membership to Classes. We require that you provide a valid credit or debit card (“Payment Source“) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial“).Beth Davis Yoga will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once.Beth Davis Yoga reserves the right to terminate any account that is using or trying to use more than one Free Trial. Because the Beth Davis Yoga service is offered in multiple time zones, for consistency, a “day“ for purposes of this Agreement begins at 12:00am Pacific Time and ends at 11:59p., Pacific Time of that same calendar day. It is very important to understand that you will not receive a notice fromBeth Davis Yoga that your Free Trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight Pacific Time on the last day of your Free Trial period.

No Sharing of Membership Subscriptions. Members ofBeth Davis Yoga may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed byBeth Davis Yoga as fraudulent use of the Service, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use. Beth Davis  Yoga reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.

CONTACT US

If you have any questions, concerns or complaints about this Service Agreement, please contact us:

  • By email: [email protected]

  • By visiting this page on our website: Contact Page

  • By phone number: 403-619-4994

  • By mail: 3031 Ourtoland Road West Kelowna V1Z2H9

 I have read the above release and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.