Terms and Conditions of Use of Ella Frances LLC, DBA Ella Frances Yoga Online Offerings, Social, Yoga Classes, Services and Products
Last updated: August 1, 2020
NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of our products, membership, services, classes, courses, workshops and trainings. These Terms and Conditions apply to all Ella Frances LLC Online Offerings, Membership, Classes, Trainings which include Prenatal Yoga Teacher Trainings and Workshops which include The Root Series, Innate Wisdom, Ayurveda Yoga Workshop Series.
Terms of this Product and Product or Activity Purchaser Agreement
All programs, products, courses or services are owned and provided by Ella Frances LLC (“Company” or “we” or “us” or “our”). The term “you” or “your” refers to any user or purchaser of said program(s), product(s), course(s), or service(s) (the “product”). These Terms and Conditions of Use (“Terms”) govern and define how you are allowed to use and access Company’s Course. We reserve the right to update and change these Terms at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms whether or not you have read them. If you do not agree with any of our Terms, please email us at support@ellafrancesyoga.com and we will make reasonable efforts to remove your name, email and access to our Course and website(s).
Your Use and Consent
When you purchased a “product” from us, you were given a reasonable notice that these Terms existed. By moving forward with your purchase of the “product” and further access of the “product”, you agreed and continue to agree to abide by these Terms as well as any disclaimers and privacy disclosures contained in these Terms. You agree you are at least 18 years old or of legal age in your applicable jurisdiction to access the “product”. Access of our ”product(s)” and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.
License(s)
Limited License. Subject to and in accordance with these Terms and other guidelines or instructions we include in the “product”, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the “product”, including any “product(s)” purchased by you. Your purchase of any “product” only entitles you to view that “product” in accordance with the foregoing License, and is not a purchase of the software or content constituting or included in the ”product”. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the ”product(s)”. You may, however, from time to time, download and/or print one copy of the individual pages of the Workshop for your individual use, provided that you keep intact all copyright and other proprietary notices.
The License is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.
We reserve the right to terminate your access to the “product” at any time if we find that you have violated these Terms. We will make every attempt to notify you of any violation of these Terms and give you an opportunity to remedy the violation. However, if you fail to remedy the violation or continue to Violate the Terms, we will terminate your access to the “product” with no refund of fees.
Copyright
Ella Frances Yoga does not authorize anyone to copy materials or images or videos published on this website for personal, commercial or non-commercial use. The sites to which our site links remain subject to their own copyright notice. These materials cannot be distributed, modified, posted on a website, or used for personal, public or commercial purposes.
Permission to copy any portions of these publications or post any portions of these publications on a website must be obtained in writing by contacting us.
Intellectual Property
All images, copy, text, graphics, designs, page layout, icons, videos, language, logos, taglines, cues, descriptions and trademarks are owned and the property of Ella Frances Yoga. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on provided in the Product (Membership, Videos, Classes, Workshops, Trainings, Courses or Copy/Text on downloadable .pdfs) or Activities (live yoga, on demand yoga, video content, social content, yoga courses, workshops or training) is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
You may:
Access the “Product” or “Activity” for your individual use.
You may not:
Re-sell or trade your access to the ”Product” or “Activity”;
Share the “Product” or “Activity” with anyone else who has not yet purchased it or opted to receive it;
Reprint any portion of the “Product” or “Activity”, except as set forth above and for your own individual use;
Record the “Product” or “Activity” on a separate deceive, phone, computer and store or save content for a later use;
Republish any of the “Product” or “Activity”, in part or in whole;
Distribute any of the materials contained in the “Product” or “Activity” or related materials and/or communications as your own;
Reproduce and alter any part or whole of the “Product” or “Activity” for distribution as your own work;
Claim ownership or use over any of our intellectual property without our prior written consent.
Request for Permission to Use Content: If you wish to use, publish or refer to any of our content, Product(s) or Activities or related materials, you must do so by requesting permission by email at support@ellafrances.com. Permission is not granted until you receive such permission in writing.
Model Release: You grant us a commercial license to any image(s) you submit to us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Membership, or that you provide voluntarily upon our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.
Notification of Use: We are not obligated to notify you or anyone of our use in our own publications of photographs or other images that you submit to us by default or voluntarily.
Fees and Refunds
Fees for “Product(s)” or “Activities” are set forth on the Website. We reserve the right to change Product Fees at any time. We want you to be satisfied with your purchase but we can not offer refunds of our “Product(s)” or “Activities”.
Disclaimers
Medical Advice Disclaimer: The content of this lecture and recording is educational in nature and not medical advice. The suggestions, exercises, yoga, and recommendations do not replace seeing a Physician, Physiatrist, Psychologist, Midwife or Physical Therapist for an in-person examination and/or treatment or diagnosis. By participating in this Activity and Product(s) you assume full responsibility, during and after participation for your choice to use or apply, at your own risk, any portion of the information or instruction you receive. Consult with your physician or midwife prior to exercise or the use of any of our Product(s) or Activities if you are pregnant or postpartum.
Technology Disclaimer: We make reasonable efforts to provide you with reliable technology, software and platforms from which to access our Product(s), Activities and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider, such as Zoom, where We host our live classes.
Warranties Disclaimer: WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, ACTIVITIES OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, COURSES OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, COURSES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, SERVICES, COURSES OR PROGRAM MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Disclosure
Ella Frances is dedicated to the trust of her readers and she produces creative content, Product(s) and Activities that she personally supports that include her own thoughts and opinions. However, some of the links included on this website are affiliate links so that I can get paid for my time putting this together for you. I appreciate your use of the link, we receive a small percentage commission for the sale and it is no extra cost to you. We use Amazon Affiliate links.
Waiver of Liability
Last updated: August 1, 2020
All participants in Ella Frances Yoga programs and activities agree to the Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement below.
I understand that participation in the Activities (live yoga, on demand yoga, video content, social content, yoga courses, workshops or training) includes, without limitation, strenuous physical and mental activities and exercises/movements, participating in these Activities with other participants, contact with unidentified and unfamiliar persons. I fully understand that the Activities can be hazardous, and involve known risks and unanticipated risks which could result in physical or mental injury, illness, death, death of unborn child/fetus, damage or loss to myself or my property. I fully accept and assume all such risks and all responsibility for losses, costs, and damages I or any third parties incur as a result of my participation in the Activities, including property theft. I represent that I understand the nature of the Activities and have received the okay from my doctor or physician prior to exercise. I further represent that I am participating in the Activities voluntarily, and that I am in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. I will stop my participation in the Activities if I believe at any time my participation is a threat to myself, unborn baby/fetus or any third party. If I have an injury or condition that affects my participation in the Activities, I will consult with my physician or other applicable provider regarding my participation, and follow all applicable provider instructions, which is my sole responsibility. If I am pregnant I will consult with my physician or midwife prior to participation in any of the Activities. If I am postpartum or after having a baby or miscarriage, I will wait a minimum of six weeks prior to participation in the Activities and receive clearance from my physician, midwife or physical therapist prior to participation in the Activities.
I, on behalf of myself and anyone who obtains any rights from or through me, hereby forever and irrevocably release and discharge Ella Frances Yoga; the owners, any individual, contributors, teachers, individuals or entities involved in any capacity with the Activities including technology applications and platforms facilitating the Activities (each a “Releasee” herein). I release and discharge Ella Frances Yoga and the Releasees from all liability and any claims, demands, losses, death, injury, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to my participation in or attendance at the Activities. I further covenant and agree not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.
If Participant is Under 18 Years of Age, you represent and warrant to Ella Frances Yoga that your parent or legal guardian has reviewed these Terms & Conditions and Release of Liability and agrees as follows: I am the parent or legal guardian of participant; I consent to, join in and approve the foregoing Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement; I will ensure that my child honors his/her obligations hereunder; and I will indemnify and hold Releasees harmless from and against any Losses arising out of or in any way related to (i) this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement or the rights granted herein.