Welcome to Megan Hively Yoga and Ayurveda, LLC Programs. These Terms of Service together with Megan Hively Yoga and Ayurveda, LLC Terms and Conditions and Disclaimers, (collectively, the “Terms”) are a binding agreement between the student that registers for the course (“Student”) and Megan Hively Yoga and Ayurveda, LLC. By registering for the Ayurveda for Yoga Professionals, or any other course with Megan Hively Yoga and Ayurveda, LLC, the Student acknowledges and agrees as follows:
1. COURSE MATERIALS TO BE PROVIDED BY THE COURSE
Subject to Student’s compliance with these Terms, Megan Hively Yoga and Ayurveda, LLC will provide Student with a Ayurveda for Yoga Professionals course. The Course shall be conducted solely for personal development and/or informational purposes and shall prepare Student to teach such pursuits. The Course shall last for a period of about 3 1/2 months; please review the Course web-page for a detailed Course schedule. During the duration of the course, Megan Hively Yoga and Ayurveda, LLCl shall provide approximately (a) two and a half hours of virtual education; (b) 3 sample dosha classes; (c) 6 hours of in-person training on October 15, 2022; (d) access to the online platform, through which the Student may access course materials and interact with students and Course staff. The Student acknowledges that due to the nature and duration of the Course dates of release of course material may be subject to change. Megan Hively Yoga and Ayurveda, LLC will make a reasonable effort to provide the Student with advance notice of such schedule changes.
The Student acknowledges that all Course materials and content provided by Megan Hively Yoga and Ayurveda, LLC is non-transferrable and may not be share with anyone not currently enrolled in the Course. The violation of this provision shall be grounds for immediate expulsion from the Course without refund of any Tuition amounts.
2. FEES AND PAYMENTS
a. Fees
Student will pay course fee in an amount agreed upon between the Student and Megan Hively Yoga and Ayurveda, LLCat registration (the “Fees”) as either a one-time payment. Student may pay the Fees by credit card, by ACH credit and wire transfers through the forms located at www.meganhively.com or by contacting Megan Hively Yoga and Ayurveda, LLC via email at megan@meganhively.com. Unless otherwise agreed by the parties, all Fees are nonrefundable. In the event of a verified medical emergency, upon Student’s request at least 30 days prior to the Course start date, Megan Hively Yoga and Ayurveda, LLC may, in its sole discretion, provide a refund to Student of all unused Fees minus all deposits.
b. Limitation on Fee Refunds
The Student agrees that all deposits, which are 20% of the total Course Fees, are non-refundable. Deposits are paid at time of registration. In the event that Student withdraws from the Ayurveda for Yoga Professionals Course before September 30th, they will receive a refund of Fees paid minus the non-refundable deposit. No Fee refunds shall be available for any withdrawals made after October 1st for the Ayurveda for Yoga Professionals Course, and the entire Course Fee amount shall be due and owing. Refunds will only be granted in cases of verified medical emergency.
3. ACKNOWLEDGMENT OF DUE DILIGENCE & SCOPE OF CERTIFICATION
Student acknowledges the following:
a. The Course is intended to provide Student with information and encourage personal development in the study of Ayurveda, and to prepare student to teach such pursuits by providing continuing education.
b. The Course is not intended to, and will not, prepare Student for certification as a Yoga Therapist.
c. Student has had the opportunity to exercise the necessary due diligence to determine whether the Course will provide Student with the education and certification best suited to the offerings Student intends to provide to Student’s communities.
4. INSURANCE
Student acknowledges that Megan Hively Yoga and Ayurveda, LLC is not providing Student with any form of general liability, professional liability, or other insurance through registration for and/or participation in the Course. Student acknowledges that Student has been advised of the need to obtain adequate insurance coverage prior to offering any Yoga services to members of Student’s communities. Obtaining and maintaining such insurance coverage is the sole responsibility of Student.
5. INTELLECTUAL PROPERTY
The Student agrees that they will not infringe on the intellectual property rights of Megan Hively Yoga and Ayurveda, LLC. The Student acknowledges that all Course materials provided to the Student, including but not limited to the Course manual, Course videos, and any other written or electronic information provided to the Student in the duration of the Course – are the proprietary information of Megan Hively Yoga and Ayurveda, LLC and agrees not to share or use such materials with those outside the Course without the express permission of Megan Hively Yoga and Ayurveda, LLC. Any reproduction, distribution, or sale of such information is expressly prohibited.
The Student further agrees that they will not infringe on the copyright, patent, trademark, trade secret, or other intellectual property rights of Megan Hively Yoga and Ayurveda, LLC.
6. CONFIDENTIALITY
Due to the nature of the material presented and discussed during the duration of the Course, it is essential that Course participants be able to share personal information in a safe space. The Student agrees to maintain the confidentiality of any personal information shared in the context of the Course by any other student or by Megan Hively Yoga and Ayurveda, LLC. Student agrees that such information shall not be shared in any capacity other than in discussion with other Course students in the context of Course assignments, sessions, or programs without the express consent of the individual(s) involved.
7. INDEMNITY
Student agrees to defend, indemnify and hold Megan Hively Yoga and Ayurveda, LLC, its teachers, affiliates, owners, stockholders, directors, officers, employees, and agents harmless from all losses, liabilities, damages and expenses (including reasonable attorneys’ fees) incurred in connection with any action, suit, proceeding, claim, demand, investigation, or formal or informal inquiry that arises out of or is based upon the acts or omissions of Student.
8. WAIVER; LIMITATION OF LIABILITY
The information presented throughout the Course are for personal development and general information purposes only. The Course is not a promise of benefits, a claim or cures, a legal warranty or a guarantee of results to be achieved, do not provide medical advice and are not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. You should consult with a healthcare professional before altering or discontinuing any current medications, treatment or care, starting any diet, exercise or supplementation program, or if you have or suspect you might have a health problem. Participating in the Course is solely at your own risk and we hereby disclaim all liabilities that may arise as a result. By participating in the Course, you may be presented with ancient teachings that may include asana, movement, meditation, mantra, mudra, breathwork practices, and Ayurvedic routines all of which are purely voluntarily and undertaken at your sole discretion.
Student knowingly, voluntarily and expressly waives to the fullest extent permitted by law any claim they may have against Megan Hively Yoga and Ayurveda, LLC, its teachers, affiliates, owners, stockholders, directors, officers, employees, and agents for injury or damage that Student may sustain as a result of participating in the Course. Student, its heirs, and/or legal representatives forever release, discharge, and covenant not to sue Shakti School, its affiliates, owners, stockholders, directors, officers, employees, and agents for any injury or damage that they may sustain as a result of participating in the Course.
IN NO EVENT WILL MEGAN HIVELY YOG A and AYURVEDA, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUE, LOST PROFITS, LOSS OF BUSINESS, COST OF COVER, OR RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF MEGAN HIVELY YOGA AND AYURVEDA LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEGAN HIVELY YOGA AND AYURVEDA LLC'S TOTAL LIABILITY TO STUDENT IN THE AGGREGATE WITH RESPECT TO ALL CLAIMS ARISING FROM OR RELATED TO THE COURSE WILL NOT EXCEED AN AMOUNT EQUAL TO ONE MONTH’S FEE PAID BY STUDENT TO MEGAN HIVELY YOGA AND AYURVEDA, LLC IN THE PRECEDING 12-MONTH PERIOD.
9. TERMINATION
Megan Hively Yoga and Ayurveda, LLC may limit, suspend, or terminate Student’s participation in the Course, including if Student violated these Terms, Student’s participation adversely impacts Megan Hively Yoga and Ayurveda, LLC’s operations, subjects Megan Hively Yoga and Ayurveda, LLC to liability, becomes disruptive to the Course, or impairs the ability of others to fully participate in the Course. Notwithstanding any termination, limitation or suspension, Student remains responsible for all Fees due and owing under these Terms.
10. GOVERNING LAW
In the event I file a lawsuit, I agree to do so solely in the state where Megan Hively Yoga and
Ayurveda LLC, its practitioners, agents, employees, and/or consultants are incorporated, and I
further agree that the substantive law of that state shall apply. I also agree to mandatory
arbitration in the state in which the Megan Hively Yoga and Ayurveda LLC, its practitioners,
agents, employees, and/or consultants are incorporated. I agree to cover all legal costs incurred
by Megan Hively Yoga and Ayurveda LLC, its practitioners, agents, employees, and/or
consultants should they be favored in any legal outcome. Should Megan Hively Yoga and
Ayurveda LLC, its practitioners, agents, employees, and/or consultants or anyone acting on their
behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to
indemnify and hold them harmless for all such fees and costs.
11. In addition to the above Terms, Course fees for all other online courses are non-refundable.