Terms of Service

Overview

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.atthebeachyoga.com website (the “Service”) operated by Oceanicity LLC d/b/a At The Beach Yoga (“us”, “we”, or “our”). We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or accessing or using any part of the site and/or purchasing something from us and/or registering for and/or attending a Yoga Class or service provided by Tracy Southard, you engage in our “Service” and agree to be bound by the following Terms of Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Acceptance of Terms

This site is available for your personal and non-commercial use only. You may not copy, reproduce, post, distribute, republish, transmit or modify in any way all or any part of the site or the information or data contained in this site.

Restrictions on Use of Materials

This site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by us. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute or modify any contents of this website in any way.

Waiver and Release for use of website

In no event will we be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or any other linked website, including, without limitation, any loss profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.

Although great care and intention is made to provide accurate information, all users of this website have to take all due personal care and attention to verify, investigate any information offered. While every effort is made to keep content on this site current, there is no guarantee that it is the most up-to-date information available.

This site and all contents of this site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site, and that we shall not be liable for any damages of any kind related to your use of this site. In addition, we provide no representations and warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Agreement of Release and Waiver of Liability for classes

This Release, Waiver of Liability and Covenant Not to Sue/Indemnity (the “Release”) is executed on this day of purchase by purchaser or the student attending the class (hereinafter, “Student”) in favor jointly and severally of Tracy Southard (“Instructor”).

I, the Student, am participating in a Yoga Class with Tracy Southard, offered by Tracy Southard and/or through At The Beach Yoga and/or through Bethany Beach Yoga Center LLC, during which I will receive yoga insruction. I recognize that yoga may require some physical exertion, which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved.

I understand that it is my responsibility to consult with a physician prior to and regarding my participation in a Yoga Class with Tracy Southard. I represent and warrant that I am physically fit, and I have no medical condition in which would prevent my full participation in a Yoga Class with Tracy Southard.

In consideration of being permitted to participate in a Yoga Class with Tracy Southard, I agree to assume full responsibility for any risks, injuries, or damages, known or unknown, which I might incur as a result of participating in the program.

I voluntarily, knowingly and expressively assume the risk of injury related to my presence at the yoga venue, including when the class takes place at any public location (indoor or outdoor), my home, on hotel grounds, rented location, studio, gym, fitness center, church or any private location (indoor or outdoor).

I also understand that the instructor may offer essential oils to enhance the session. I understand that I can request that essential oils not be used or at least not near me. If I know, suspect or think I may have allergies to these oils, I will let the instructor know. If I have an adverse reaction to these oils, I will not hold the instructor liable for the outcome.

Furthermore, I understand that any recording, broadcasting, rebroadcasting or general sharing of live yoga classes is strictly prohibited.

I understand that if the instructor takes photos during my yoga session, the instructor may use the photos for marketing. However, I have the right to request otherwise. If I prefer photos not to be taken and/or not to be used for marketing purposes, my privacy will be respected and photos will not be taken and/or used for marketing purposes.

In further consideration of being permitted to participate in a Yoga Class with Tracy Southard, I knowingly, voluntarily and expressly waive any claim I may have against Tracy Southard, for any injury or damages that I may sustain as a result of participating in the program.

I hereby agree to irrevocably release and waive any claims that I have now or hereafter may have against Tracy Southard or any teacher affiliated with Tracy Southard.

If I am legal guardian of any registrant under age 18 who is a participant in a Yoga Class with Tracy Southard, I consent to the terms and conditions stated above.

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. In Purchasing or Attending any Class, Student has executed this Release as of the day and year of deposit and/or payment for class or attendance in class.

Copyright Notice

All contents Copyright © Oceanicity LLC d/b/a At The Beach Yoga. All Rights Reserved. Designs, artwork and other materials on this website including text, photos, graphics and HTML code may not be copied, reproduced, reprinted, hosted or otherwise distributed by any means without the express written permission of the owner of this site.