Free Discovery Call Disclaimer (October 2024)

• You must be at least 18 years of age to use this website. By using this website you warrant and represent to us that you are at least 18 years of age.

• By using this website, you are agreeing to the Terms & Conditions for Use of the Website yogawithella.com (October 2024) and the Privacy & Cookies Policy (October 2024)

• By making this booking, you agree to the Fee Discovery Call Disclaimer (October 2024) below

• When booking a class, lesson or workshop, you will be asked to agree to the relevant Terms of Service

• Practices may not be suitable for pregnant women. Please do not book any yoga class, 121 lesson, workshop or other activity if you are pregnant. Please do find a pregnancy yoga specialist.

Free Discovery Call Disclaimer (October 2024)

1. Introduction

• You must not participate if you are pregnant, or under the influence of alcohol or non-prescription drugs.

• You acknowledge that all exercise and activities involve a risk of personal injury, including a small risk of serious injury or death, and agree that you are responsible for your health and well-being in relation to all lessons, classes, workshops and other activities provided by us.

• You acknowledge that the teacher is a professional yoga teacher, not a yoga therapist or professional healthcare provider and is not qualified to express an opinion that you are fit to safely participate in any class or lesson. You must obtain specialist advice if you are in any doubt.

• The terms “medical conditions”, “medical matters” and “disability” used in this document refer to your holistic health and wellbeing, including medical, physiological, emotional, psychological and psychiatric conditions and matters.

• You acknowledge that while participation in a lesson, class, workshop or other activity may be safe and suitable for you in general, specific instructions and exercises may unsafe and unsuitable for you and it is your responsibility to cease and/or modify such, in accordance with your own needs, medical conditions and matters.

• You acknowledge that the teacher will not always be able to see and hear you and in group lessons / classes / workshops and other activities, may not be able to give individual attention and instruction.

2. Credit

This disclaimer was created using an SEQ Legal template (https://seqlegal.com).

3. No advice

• The lessons, classes, workshops and other activities and services provided by us offer general information and guidance.

• The information and guidance is not medical, psychological or psychiatric advice and should not be treated as such.

4. Health, fitness and medical conditions

If you are pregnant or suffer from any medical or physical condition or disability, you should not make any changes to your diet, nutrition, lifestyle, activities or exercise programmes based on the information and guidance offered by us, without first consulting your doctor or another suitably qualified professional health care provider.

5. Medical assistance

• You must not rely on the information offered or services provided as an alternative to medical advice from your doctor or other suitably qualified professional healthcare provider.

• If you have any specific questions about any medical matter, you should consult your doctor or other suitably qualified professional healthcare provider.

• If you think you may be suffering from any medical condition, you should seek immediate medical attention.

• You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information and guidance offered by us

• You agree that, in the event the teacher determines that you need medical or psychological attention, she has the authority and discretion to contact emergency services. Any costs incurred for such services are your sole responsibility.

6. No representations or warranties

To the maximum extent permitted by applicable law and subject to section 8 below, we exclude all representations, warranties, undertakings and guarantees relating to the services provided. Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:

• that you will not suffer from any injury arising directly or indirectly out of the activities provided classes;

• that your fitness, health or wellbeing will measurably improve as a result of participation in activities provided or

• that the lessons, classes, workshops to other activities will continue to run for any specific period.

7. No Liability

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section 8 below; and govern all liabilities arising under the disclaimer or in relation to our services, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any personal injury (including without limitation serious injury or death) that you may suffer or sustain directly or indirectly as a result of attending our classes and/or workshops. Nor will we be liable to you in respect of any other losses arising as a result of any such personal injury.

We will not be liable to you in respect of any of your personal property that is lost, stolen or damaged before, during or after a yoga class.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

8. Exceptions

Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.

9. Severability

If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.

If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect.

10. Law and jurisdiction

This disclaimer shall be governed by and construed in accordance with English law, and any disputes relating to this disclaimer or the classes and/or workshops will be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Details

In this disclaimer, “we” and “the teacher” means (and “us” and “our” refer to) Holly Elizabeth Étoile, also known as Ella Étoile, trading as Serenity Yoga and providing services under this and the name Yoga with Ella, and to her representatives.